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San Francisco Marin Medical Society Blog

Proposition 45 - The “Other” Trial Lawyer Proposition Puts a State Politician in Charge of Your Patients’ Health Care



There is more than one proposition on the California ballot this November that threatens health care providers and patients. The same groups pushing to change the Medical Injury Compensation Reform Act (MICRA) – “Consumer Watchdog” and their trial lawyer allies – are also pushing Proposition 45 that would give the state Insurance Commissioner sweeping new power over health care benefits, rates, and co-payments for individuals and small groups. 

SFMS is part of a broad coalition opposed to Proposition 45, including the California Medical Association, California Hospital Association, specialty societies, hospitals, health plans, labor, and small businesses.

Prop 45 threatens physicians’ ability to provide the care that patients need by giving a single elected politician – the Insurance Commissioner – vast new power over health care benefits and rates. With recent cuts to the Medi-Cal program, we are already seeing the devastating impact it can have on patient access to care when politicians cut reimbursement rates below the cost of providing care. Additional cuts would result in an even more difficult time for patients that need care the most.

Prop 45 also has a hidden agenda – allowing trial lawyers and the sponsors to file costly new health care lawsuits. They buried a provision in the fine print that allows them to “intervene” in the regulatory process created under the Initiative and file lawsuits if they don’t like the results. In doing so, they can pocket millions of dollars in so-called “intervenor fees” – as much as $675/hour. In fact, the proponents have already received more than $11.5 million from a similar provision used in auto and home insurance regulation.

Prop 45 establishes new and conflicting rules that could interfere with California’s implementation of the Affordable Care Act. It provides more uncertainty, delays, and confusion at a time when California providers and patients are already dealing with massive changes to our health care system.

Join SFMS and CMA to oppose Prop 45. For more information, visit www.stophighercosts.org.



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