Proposition 46 is a trial lawyer initiative on the November ballot that quadruples the non-economic damages cap under the Medical Injury Compensation Reform Act (MICRA) from $250,000 to $1.1 million, which would lead to a surge in lawsuits against health care providers, increase costs by billions of dollars annually, and have a devastating impact on patients’ access to health care in California.
A medical liability insurance crisis in the 1970s led to MICRA’s passage, and since then health care providers, including dentists, have been protected from extreme liability exposure and skyrocketing premiums. TDIC, The Dentists Insurance Company, was created during this period when dentists and other health care providers were facing 100 to 400 percent increases in liability insurance premiums due to excessive litigation of claims and huge monetary settlements.
The proponents of Prop. 46, in an attempt to mislead voters, also included unrelated provisions requiring drug testing of doctors and placing infeasible requirements on the state’s prescription drug database, which will threaten patient privacy and could force health care providers to choose between denying needed prescription medication to legitimately suffering patients or violating the law.
Help us defeat Proposition 46!
CDA and a large coalition of health care organizations and others are working to defeat Prop. 46. The No On 46 campaign is providing pamphlets, posters, buttons, and other informational materials that can be ordered and downloaded at no cost at NoOn46.com. You can help us defeat Proposition 46 by displaying these materials in your offices and sharing with patients and colleagues how this proposition will increase costs, reduce access to care and jeopardize the privacy of patients’ prescription drug information. For more information visit NoOn46.com.