Five years of debate about what sort

of rights should be codified for patients produced opposing documents this summer that differed in such small degree that the public could be excused if it did not show much interest in whether there ought to be limits on the right to sue in state or federal court or at what level economic damages should be capped. A patients’ bill of rights remains important, but it is clear that much of the debate now is about political posturing.

Some relief from this arrived Thursday when the Senate strongly supported a compromise by Sen. Olympia Snowe to shield employers from lawsuits. Instead, aggrieved employees would lodge complaints against the entity that made the decision about the employee’s medical care, such as an insurance company or other third party. It is a proposal that seems eminently fair and was immediately embraced by both Democrats and Republicans when Sen. Snowe suggested it June 21, and yet took another week before it was officially accepted as part of the Senate’s Kennedy-Edwards-McCain package.

That is the way it has been with these bills. Debate for no other reason but debate. Warnings of doom from business lobbyists should any bill pass, studies that show the bills would have only a small economic impact, more warnings of doom from lobbyists. A year ago, Sens. Susan Collins and John Breaux proposed a bill that would have had the Senate approve all patient-protection issues for which there was common agreement – about 90 percent of the current legislation – but it went nowhere. Even those members of Congress now who try to keep in mind that the bill does nothing to help the two largest (and related) problems in health care – cost and access – seem to be willing to sacrifice progress on those issues while arguing about this one.

Despite Senate Majority Leader Tom Daschle’s threat to keep the Senate in session through the July 4 break if necessary to complete the bill, there remain several issues to be worked out, including the questions on venue and on liability limits. There is no reason for senators to miss those Independence Day parades and, certainly, the bill should be completed before the August break, but no one should consider Congress’ work done on health care once this bill is signed.

Sen. Snowe deserves credit for finding a way to reach agreement on one part of the rights bill. But Congress should take little satisfaction in knowing that it required five years (and counting) to complete this legislation.