Sunday, December 10, 2017

OCMA Blog

"No on 46" Campaign Victorious

 

We did it!  A coalition of nearly 1,000 organizations, led by CMA and OCMA, successfully - and resoundingly - defeated Proposition 46.  Here are the results that were posted early this morning:

                                • No: 67.1% / 3,415,996 votes
                                • Yes: 32.9% / 1,671,163 votes

This unworkable proposition would have dramatically altered MICRA by making it easier to file lawsuits against health care providers, increasing health care costs, reducing access to care and ultimately generating more legal fees for lawyers.

Despite the proponents' attempt to confuse voters about Proposition 46, the public decisively voiced its desire to preserve MICRA and all of its protections. This win is proof that Californians agree on the importance of access to quality health care across the state and they won't be fooled by political sweeteners.

OCMA and CMA will continue to stay vigilant in our work with the legislature to ensure that your elected representatives remember what the people said on Election Day 2014. We will continue to work to ensure that MICRA is protected. 
 
Thank you for your hard work, ongoing efforts and financial contributions to defeat Proposition 46!  We couldn't have done it without you.


No On 46 Campaign Launches First Statewide TV & Radio Media Buy Highlighting the High Cost of Prop 46

Ads tell the real story behind this year’s most fiscally-reckless measure

Tuesday, August 19, 2014

SACRAMENTO – The No on 46 campaign announced today that it has launched its first statewide television and radio ad buys in both English and Spanish.

The ads, “Risk” (TV :30) and “Real Story” (Radio :60), focus on the first – and most obvious – of the myriad of reasons for California voters to reject Proposition 46: the fact it is written and nearly exclusively funded by trial attorneys for their financial benefit while everyone else in California – health consumers, taxpayers, and state and local governments – will pay more.

View the ad here: http://www.noon46.com/the-real-story-video/.

Because Proposition 46 is really three different initiatives in one – all of which are too complicated, too costly and too flawed – an unprecedented coalition of more than 600 statewide and community groups have joined to oppose it, including (partial list):

  • California Teachers Association
  • California School Boards Association
  • Association of California School Administrators
  • California State Firefighters Association
  • League of California Cities
  • Urban Counties Caucus
  • Rural County Representatives of California
  • California Special Districts Association
  • California Chamber of Commerce
  • Service Employees International Union (SEIU) California
  • AFSCME California PEOPLE
  • State Building and Construction Trades Council of California
  • California Medical Association
  • California Dental Association
  • California Hospital Association
  • California Pharmacists Association
  • American Congress of Obstetricians and Gynecologists
  • American College of Emergency Physicians, California Chapter
  • California Association of Physician Groups
  • California Association for Nurse Practitioners
  • Planned Parenthood Affiliates of California
  • Community Clinics Association of Los Angeles County
  • La Clínica de La Raza
  • California Association of Rural Health Clinics
  • Central Valley Health Network
  • NAACP California
  • California Republican Party
  • Los Angeles County Democratic Party
  • Yuba County Democratic Party

To learn more, visit www.NoOn46.com


MICRA Alert and Prop 46 Resources for Physicians

In less than 100 days, voters will be asked to weigh in on the MICRA health care lawsuit measure known as Prop. 46, which will hugely jeopardize the privacy of patients' personal prescription medical information.
 
The initiative will force doctors and pharmacists to use a massive statewide database known as the Controlled Substance Utilization Review Evaluation System (CURES), which is filled with patients' personal prescription drug information. Though the database already exists, it is underfunded, understaffed and technologically incapable of handling the massively increased demands that this ballot measure will place on it.
 

Most concerning, the massive ramp up of this database will significantly put patients' private medical information at risk and the ballot measure doesn't contain any provisions or funding to help upgrade the system or increase the database's security standards. As many of you know, the CURES database contains highly sensitive patient information including personal and potentially stigmatizing details about their health. Prescription information including medication used to treat obesity, narcolepsy, conditions related to cancer and AIDS, asthma and other sensitive information are all contained within the CURES database. 

In recent weeks and months, the coalition to oppose the MICRA health care lawsuit initiative continues to grow. Teachers, health care workers, local community groups and hundreds of others have pledged to vote NO in November because they too understand the implications this measure would have on patients, taxpayers and consumers across the state.

We know that if this measure passes, it won't just be putting patients' personal medical information at risk, but malpractice lawsuits and payouts will also skyrocket, adding "hundreds of millions of dollars" in new costs to state and local governments, according to an impartial analysis conducted by the state's Legislative Analyst. State and local governments face higher costs in two ways: 
 
  • They provide health care for current and retired employees;
  • They provide health care for low-income residents through Medi-Cal and other locally run health care programs like community clinics and hospitals.

Someone will have to pay for these increased costs, and that someone is you (physicians), taxpayers and consumers/patients.
 
The campaign opposed to the initiative - "Patients and Providers to Protect Access and Contain Health Costs" - is a diverse and growing coalition of trusted doctors, community health clinics, hospitals, family-planning organizations, local leaders, public safety officials, businesses, and working men and women formed to oppose this costly, dangerous ballot proposition that would make it easier and more profitable for lawyers to sue doctors and hospitals. A full and updated list of groups opposing the campaign can be found here.
 
United as one voice, advocating for patients across the state, we can defeat this ballot measure in November, but we need everyone to commit and become engaged along the way. Thank you in advance for all that you do and all that you'll continue to do. 

Join the Fight

CMA and the campaign to defeat Prop. 46 need each and every one of you to help spread the word and educate your colleagues about the critical importance of MICRA. To that end, CMA has developed a MICRA Commitment Card.

We ask that you fill out one of these cards and pledge that you will vote no on the anti-MICRA measure known as Prop. 46.

Campaign Materials

The CMA can provide your office with campaign materials such as patient brochures, posters, buttons, campaign stickers and more. Just fill out the No on 46 order form.

More information

Visit these websites in order to learn more about MICRA so that you can educate your colleagues, friends, peers and family:

- The CMA website

- No on 46 campaign website

- Californians Allied for Patient Protection (CAPP) Website

What else can you do to support MICRA?

- "Like" the No on 46 Facebook page

- Follow the No on 46 Twitter page

- Visit the offical campaign website at www.noon46.com


MICRA lawsuit measure assigned proposition number

Via the California Medical Association-

The unprecedentedly broad and diverse coalition working to defeat the trial lawyers’ MICRA lawsuit measure is now officially the “No On 46” campaign, following the assignment of proposition numbers to qualified ballot measures by the Secretary of State’s Office on Monday.

If approved by voters, Proposition 46 would increase health costs, reduce access to care and threaten patient privacy, all to make it easier and more profitable for lawyers to sue doctors and hospitals. In addition to increasing the overall number of medical lawsuits and the cost of health care across the board, Proposition 46 contains a number of unrelated provisions designed to mislead and deceive voters – including a little-discussed mandate relying on a massive expansion of a government-run prescription drug database, which third-party analysts say cannot be implemented as written and will leave personal medical information vulnerable to privacy breach.

For these reasons, health providers, education groups, labor unions, business organizations, working men and women, and community clinics have all announced their opposition to Proposition 46.

On Monday, two additional groups – the State Building and Construction Trades Council of California (SBCTC) and the California NAACP – joined the “No On 46” campaign, pointing out the devastating effects it would have on California.

“This initiative will cost state and local governments hundreds of millions dollars and raise health costs for everyone,” said Robbie Hunter, President of the SBCTC. “That hurts job creation and will negatively impact California’s future.”

According to California’s independent Legislative Analyst, the proposed measure could increase state and local government health costs by “hundreds of millions of dollars annually.”

“This measure is terribly flawed and will reduce access to quality health care for underserved communities,” said Alice Huffman, President of the California NAACP. “At a time when we’re working hard to cover as many Californians as possible under the ACA, Proposition 46 takes us in the wrong direction. Proposition 46 will disproportionately hurt minority communities. It’s bad medicine for California.”

These two organizations join the growing list of California public entities and private organizations that have announced their formal opposition. For a complete list, please visit the campaign website, www.noon46.com.


COMING THIS NOVEMBER TO A BALLOT NEAR YOU: ANOTHER FLAWED GOVERNMENT-RUN DATABASE MANDATE WITH NEW THREATS TO PERSONAL PRIVACY

Experts Agree MICRA Measure Mandate “Won’t Work” While Opening Floodgates to Personal Prescription Drug Records of Millions of Californians with No Additional Security Safeguards 

SACRAMENTO – A coalition of business, medical, labor and civil liberties organizations have come together to fight a misguided, deceptive initiative that would increase health costs, reduce health access, and rely on a government-run computer system that isn’t close to fully functional – all while putting the prescription drug histories of millions of California patients at privacy risk with no additional security protections.

The initiative, which qualified for the November ballot on May 15, 2014, is written and funded by trial attorneys and their allies.  In addition to increasing the overall number of medical lawsuits and the cost of health care across the board, it contains a number of unrelated provisions designed to mislead and deceive voters – including a little-discussed mandate relying on a massive expansion of a government-run prescription drug database, which third-party analysts say cannot be implemented as written and will leave personal medical information vulnerable to privacy breach.   
 
“We always knew this flawed measure was bad for the pocketbooks of everyday Californians, but the more they read the fine print, the more they realize it’s equally bad for their personal privacy,” said Jim DeBoo, campaign manager for the broad-based coalition of Californians formed to oppose the initiative.  “If this measure passes, it will mandate a database that isn’t properly working and open the privacy floodgates to the sensitive personal medical data of millions of Californians with no increased security safeguards or funding.  It’s a hacker’s dream – and a privacy nightmare.”

The so-called MICRA (“Medical Injury Compensation Reform Act”) initiative requires health care practitioners and pharmacists to consult a government-run prescription drug database (known as CURES) prior to prescribing or dispensing Schedule II or III controlled substances to patients.

The mandate relies on the uploading of personal prescription drug records of millions of California patients onto the database – accessible by hundreds of thousands of users.  But the initiative fails to add new funding for its expedited expansion or require any additional security standards or safeguards to prevent hacking, theft or improper access by non-medical personnel.

What’s more, experts say the CURES mandate will not work as required by the measure, will not be operational by the law’s effective date and will put doctors in the impossible position of choosing between violating their oath as health providers or violating the law.

“The CURES mandate on physicians cannot be implemented as written.  CURES needs to be updated and modernized and nothing in the initiative does that.” said Tim Gage, former California Finance Director and Principal at Blue Sky Consulting.  “Therefore, the initiative will put health providers in the untenable position of either violating the new law or withholding necessary treatment from patients unless the law is suspended.”

“The consequences of mandating the use of a government-run website that experts say won’t work when required before physicians are allowed to prescribe needed medication is nothing less than a recipe for disaster,” said Dr. Richard Thorp, M.D., President of the California Medical Association.    
 
The CURES database mandate problem comes at a time of widespread reports of illegal hacking, much of it involving digital medical records. Studies show that public fears about personal privacy are at an all-time high.  Last month, it was reported the FBI had taken the extraordinary step of warning that the entire health sector was particularly vulnerable to “attacks by hackers searching for Americans’ personal medical records” (Reuters, April 23, 2014). 
 
Since 2009, the U.S. Department of Health and Human Services has reported 991 separate incidences of medical data breaches involving 500 people or more, affecting a total of 30 million patients.  While many states are moving to increase protections for online prescription drug data, this measure would have the opposite effect in California.

“The public and lawmakers are really starting to understand what kinds of threats to privacy come when you start centralizing great quantities of sensitive personal information in giant electronic databases,” said Nathan Wessler, an attorney with the American Civil Liberties Union, last week to the Wall Street Journal (May 7, 2014).

As proposed, the CURES database maintains an accessible online record of every dispensed prescription of a Schedule II or III controlled substance, including highly sensitive and potentially stigmatizing details about a person’s health.  This prescription information could include medicines used to treat anxiety, insomnia, obesity, narcolepsy, drug detoxification, pain, epilepsy, conditions related to cancer and AIDS, asthma, chronic infection, and other sensitive medical conditions.

The MICRA lawsuit measure which qualified today is formally opposed by (partial list):   

  • AFSCME California PEOPLE
  • International Brotherhood of Electrical Workers, Ninth District
  • International Brotherhood of Electrical Workers, Local 477
  • Service Employees International Union (SEIU) California
  • Union of American Physicians and Dentists (UAPD), AFSCME Local 206
  • California Medical Association
  • California Dental Association
  • California Hospital Association
  • California Pharmacists Association
  • American Congress of Obstetricians and Gynecologists
  • American College of Emergency Physicians, California Chapter
  • California Association of Physician Groups
  • California Association for Nurse Practitioners
  • Planned Parenthood Affiliates of California
  • Community Clinics Association of Los Angeles County
  • La Clínica de La Raza
  • California Association of Rural Health Clinics
  • Central Valley Health Network
  • California Chamber of Commerce
  • California Black Chamber of Commerce
  • California Hispanic Chamber of Commerce
  • City of Long Beach
  • American Civil Liberties Union of California 

To learn much more about the myriad hidden costs, consequences and flaws in the trial-lawyer-supported MICRA lawsuit initiative, visit the “Stop Higher Health Care Costs/Protect Access to Care” website at: www.StopHigherHealthCareCosts.com.

-# # #-

Another Trial-Lawyer Backed Health Care Initiative

MICRA isn’t the only ballot issue facing California doctors this year – a health care rate regulation initiative threatening provider reimbursements is also on the November ballot. The same trial lawyer-backed group pushing to change MICRA is sponsoring a separate rate regulation ballot measure that would give the Insurance Commissioner new powers to approve or reject insurance rates, benefit levels, co-pays and deductibles, which would impact payments to providers and limit patient access to care. 

The Orange County Medical Association (OCMA) joins the California Medical Association (CMA) in opposition to this initiative. We are encouraging our members to join the official campaign opposed as individual physicians. 

The measure
  • Gives the elected State Insurance Commissioner new powers to set insurance rates at levels which don’t meet the cost of providing care, resulting in lower reimbursements to providers and ultimately reduced access to care for patients.  
  • Gives one politician the power to approve or reject benefits, interfering with care decisions that are better made between doctors, healthcare providers and patients. 
Not surprisingly, the proponents drafted the measure without any input from physicians, patients, hospitals, or other health care providers – even though it will create a massive new layer of health care regulation in California.

Of course, the real motive of the proponents is found buried in its language – a provision which opens up a new mechanism that allows the proponents and their trial lawyer backers to file lawsuits in rate proceedings, bleeding off invaluable health care dollars to line their own pockets.

We know defeating the MICRA initiative is a top priority. But we urge you to join us in also fighting this measure as it will have a significant impact on provider reimbursements and patient access to care.

Please join OCMA and a broad coalition of doctors, hospitals and health care providers in opposing this measure. 

If you would like to join the campaign’s media training webinar on May 8, please contact Kyle Griffith via email at kgriffith@bcfpublicaffairs.com

MICRA ALERT: Trial Lawyers Start Voter Mail Program

The trial lawyers and their front group "Consumer Watchdog" are taking the MICRA battle up another notch. With the start of their direct mail campaign to registered voters, it is clear they are looking to score a victory this year. Below is a photo of their mailer including a "38 Is Too Late" story card and an ever-so-subtle "morgue toe tag." Over the top tactics are to be expected.

Your help is critical to our continued success. Share the details of the trial lawyers efforts with your colleagues. Also, donating to CALPAC to your fullest ability and asking your colleagues to donateCMA/OCMA membership is crucial, so please consider becoming a member to help us with this fight. If you are already a member, we sincerely thank you for your membership.

CMA and our MICRA coalition members at Californians Allied for Patient Protection (CAPP) are fully engaged. With increased legislative visits and the preparation of our own mail and updated materials, we are telling the full story of MICRA and its important role in maintaining access for all. We completed our field poll testing and just received the results. This crucial data will help guide our campaign and ensure we deliver the strongest defense of MICRA at both the legislative level and to the voters of California.

Share this email with others and follow up to join and donate. We don't win unless the physicians of California are united and committed to beating back the trial lawyers. You have the strongest possible message to urge your fellow physicians to join the efforts to protect MICRA. And have no doubt, the fight will get more intense over the coming days and months.

We will win this fight once again because MICRA is a nationally-respected best-practice with overwhelming bipartisan support that has worked successfully in California for decades and, if changed, would result in higher health care costs for every Californian. Your commitment and efforts motivate our incredible staff at CMA. Thank you for all you do and will do. We will be back to you shortly with an update on our latest efforts.



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