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Experts: climate might be wrong for health plan right-to-sue bills.(Health Care)(Davila)(Calad)

TIMING MIGHT HELP PROTECT the health insurance industry against quick passage of major federal patients' right-to-sue bills, experts say.

"I think there will be some right to sue," says Bradley Ellis, a credit analyst in the Chicago office of Fitch Ratings. "But I also think there will be some level of caps on the judgments."

The U.S. Supreme Court granted the managed care industry a clear-cut, 9-0 victory in June when it ruled in favor of protecting employer-sponsored health maintenance organization plans against state lawsuits involving benefit determinations.

Justice David Sourer and Justice Ruth Bader Ginsburg argued in a concurrent opinion that Congress ...

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