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HomeMy WebLinkAboutResolution No. 13-7449 - Opposing any bills/ballot measures That Would Waken the Medical Injury Compensation Reform Act (MICRA) - RESOLUTION RESCINDED BY MINUTE ACTION MARCH 11, 2014RESOLUTION NO. 13-7449 OPPOSE ANY BILLS OR BALLOT MEASURES THAT WOULD WEAKEN THE MEDICAL INJURY COMPENSATION REFORM ACT (MICRA), INCREASE HEALTH CARE COSTS FOR STATE AND LOCAL GOVERNMENTS AND LIMIT PATIENT ACCESS TO HEALTH CARE SERVICES WHEREAS California’s Medical Injury Compensation Reform Act (MICRA) ensures injured patients receive fair compensation while also limiting frivolous and meritless lawsuits that increase costs for consumers, local governments and others; and, WHEREAS the California Supreme Court upheld the MICRA law’s constitutionality after many years of lawsuits by the trial lawyers; and, WHEREAS under MICRA, patients are awarded all economic damages, such as all past and future lost wages and all past and future medical bills, and unlimited punitive damages. MICRA also allows patients to recover up to $250,000 in non-economic damages. This reasonable $250,000 cap on non-economic damages allows legitimate medical liability cases to move forward, but provides a disincentive for lawyers to pursue meritless claims which waste health care dollars and drive up health care costs unnecessarily; and, WHEREAS trial lawyers and their allies are proposing quadrupling MICRA’s non- economic damages cap to $1.1 million which will make it easier and more lucrative for lawyers to file meritless lawsuits against all health care providers, including state and local governments; and WHEREAS state and local governments, including schools, cities, counties and special districts would all be negatively impacted by increasing MICRA’s cap because of increased costs to provide health and dental benefits for current and retired employees, and increased costs for local governments that operate clinics, hospitals and other health services and provide health care for Californians through Medi-Cal and other state-sponsored programs; and, WHEREAS the state and local government costs associated with higher medical malpractice costs can amount to over one hundred million dollars annually, according to the Legislative Analyst's Office analysis of the trial lawyers' ballot measure; and, WHEREAS the potential increase in state and local government healthcare costs could reach hundreds of millions of dollars annually, according to the Legislative Analyst's Office; and, WHEREAS in addition to the cost impacts on state and local government budgets, this change to MICRA will also increase health care costs for everyone in California, and reduce or eliminate access to health care services for many California residents; and, WHEREAS by joining Californians Allied for Patient Protection, the City of Downey would be joining other MIC;RA supporters including the California State Association of Counties, California Special Districts Association, California Association of Public Hospitals and Health Systems, and more than nearly 1,000 other organizations representing doctors, hospitals, nurses, community clinics, local governments, business and taxpayer groups, labor unions, EMTs, public safety, others; and, RESOLUTION NO. 13-7449 PAGE 2 WHEREAS MICRA is a critical component of California’s healthcare infrastructure and must be protected; now, therefore be it; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Downey would like to become an official, non dues paying member of Californians Allied for Patient Protection, a coalition which is dedicated to supporting MI CRA SECTION 2. The City of Downey opposes attempts to increase MICRA’s cap on non- economic damages through the legislature or at the ballot as these changes would increase health care costs and reduce patient access to care SECTION 3 The City Clerk shall certify to the adoption of this Resolution APPROVED AND ADOPTED this 8th day of October, 2013Z / /al. i zi;Z , MARIO A. GUERRA, Mayor C-L ATTEST: /OR /1 IdIE ADRIA M. JIMEN-EZ, kl /L hty Clerk;MC , I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 8th day of October, 2013, by the following vote, to wit: AYES: Council Members: Brossmer, Vasquez, Mayor Guerra NOES: Council Members: Marquez, Saab ABSENT: Council Member: None ABSTAIN: Council Member: None 5mIM=l©iRB me