Monday, December 11, 2017

OCMA Blog

Prop 46 Update for Physicians: Proposition 46 isn’t the CURE(S)

Today in California, trial lawyers are waging an aggressive campaign to overturn California's landmark Medical Injury Compensation Reform Act (MICRA).
 
On November 4, voters will be asked to weigh in on Proposition 46, a costly and deceptive measure funded and sponsored almost exclusively by trial lawyers. In addition to raising health care costs and reducing access to quality medical care, Prop. 46 could put patient prescription drug history at risk of being hacked and would force physicians and pharmacists to use an unworkable database.
 
The Controlled Utilization Review and Evaluation System, or CURES, is a statewide, government-run database that allows physicians to know which medications patients are taking. In concept, it could be a helpful tool in ensuring that patients don't "doctor shop" - or visit several doctors to get multiple prescriptions for controlled substances.
 
Though the database already exists, it is underfunded, understaffed and technologically incapable of handling the massively increased demands this ballot measure will place on it. In its current form, the CURES database is plagued with system errors and major deficiencies. The state staffer in charge of CURES recently testified that the database is "not sufficient enough to carry out the mission that we need." To see excerpts of his testimony, click here
 
In fact, in evaluating Prop. 46 the independent, non partisan Legislative Analyst noted, "Currently CURES does not have sufficient capacity to handle the higher level of use that is expected to occur when providers are required to register beginning in 2016."
 
Despite all of this, Prop. 46 includes a provision that would mandate physicians and pharmacists check the CURES database before prescribing Schedule II or III drugs - a list of medications that is far too long for this newsletter. This "CURES mandate flaw" puts physicians in the untenable position of either breaking their professional oath to give patients the best possible care or breaking the law.
 
What's more, the CURES mandate comes without any increased security to ensure that the database is up and running efficiently, effectively and safely before legally making health care professionals check it.

That's a risky gamble in these days of massive data breaches.   

In the few weeks left between now and Election Day, I cannot stress enough how important it is to spread the word about the dangers of Prop. 46.    As you've read in previous issues of this publication, Prop. 46 is really three measures carelessly thrown together by trial attorneys with the hopes that adding "sweetener" provisions - including the CURES piece discussed above  - will trick voters. The real intention is to increase the cap on medical malpractice payouts, which will increase health care costs for everyone and decrease access for those who need it most. Prop. 46 will result in money being pulled directly out of the health care delivery system and put into the pockets of trial attorneys at the expense of voters everywhere.  


How can you get engaged in the final stages of the No on Prop. 46 campaign?


- "Like" the No on 46 Facebook page

- Follow the No on 46 Twitter page

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


FREE Campaign Materials

OCMA has campaign materials at our offices available for physicians to pick up, including yard signs, campaign buttons, patient brochures, office posters and bumper stickers.

You can also order these materials to be sent straight to your office (yard signs only available for pick-up at OCMA). Just fill out the No on 46 order form.


No on 46 "Take Action" Contest

Take action in the No On 46 fight now through October 19, 2014 and your practice could win $500! 

Click here for information on the contest.


More information

Visit these websites in order to learn more about MICRA and Prop 46 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

 


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