NYCU May 10, 2022 May 23, 2022 CMA, CMA Benefits, COVID-19, COVID-19 Vaccinations, Infectious Disease, MICRA, Public Health, Regulations, SDCMS 0 TUESDAY, MAY 10, 2022 PHYSICIANS: A historic development is occurring regarding MICRA. The California Medical Association has played a crucial role these past few decades in defending MICRA from the trial lawyer lobby and protecting patient access and preventing physicians from being driven out of medicine by exploding insurance premiums which has occurred in some other states. San Diego's own Robert E. Wailes, California Medical Association President issued a letter which discusses this important new development regarding California’s MICRA Law. Dr. Wailes explains: For decades, California’s landmark medical malpractice laws have successfully struck a balance between compensatory justice for injured patients while maintaining an overall health care system that is accessible and affordable for Californians… …This year, with the so–called Fairness for Injured Patients Act (FIPA) slated for the November ballot, we are again facing another costly initiative battle that could obliterate existing safeguards for out–of–control medical lawsuits and result in skyrocketing health care costs. Now, for the first time in a generation, we were met with an opportunity to achieve a meaningful consensus between competing interests through a revised framework that could protect both the rights of injured patients while keeping MICRA’s essential guardrails solidly in place for patients and providers alike… …To that end and at long last, a historic agreement to modernize MICRA is on the horizon. The two sides of the ballot measure campaign have committed to putting patients first, to prioritizing the stability of affordable access to health care, and to set aside differences to do what’s right for all Californians. As part of this modernization of MICRA, it was important that the underlying principles be preserved — ensuring access to care and protecting our health care delivery system from runaway costs. Important guardrails of MICRA will continue unchanged, including advance notice of a claim, the one–year statute of limitations to file a case, the option of binding arbitration, early offers of proof for making punitive damages allegations and allowing other sources of compensation to be considered in award determinations. The element likely to garner the most interest surrounds changes to the limit on non–economic damages in medical malpractice cases, which is currently $250k. As opposed to the ballot measure, which would have effectively eliminated the cap on non–economic damages entirely, under the agreement: Cases not involving a patient death will have a limit of $350k on the effective date of January 1, 2023, with an incremental increase over the next 10 years to $750k and a 2.0% annual inflationary adjustment thereafter Cases involving a patient death will have a limit of $500k on the effective date of January 1, 2023, with an incremental increase over the next 10 years to $1 million and a 2.0% annual inflationary adjustment thereafter Critical MICRA guardrails that will remain in place with modest updates include the ability to pay awards of future damages over time and limits on plaintiff’s attorney’s contingency fees. Our coalition is working with the Newsom Administration and leaders of the California Legislature to pass legislation that will make this new policy California law. Under the agreement, the initiative will be withdrawn from the ballot and this watershed agreement will preclude another costly fight. We thank Dr. Wailes and other Senior CMA officers for their leadership and hard work on this critically important issue to protect patient access and affordability as well as effectively defending California’s physician community. As always, let me know if you have any questions! Paul Hegyi, CEO WHAT TO KNOW … San Diego COVID Case Numbers on the Rise Once Again CLICK HERE Number of COVID Patients in San Diego County Hospitals Falls Again CLICK HERE State Measure That Would Allow Preteens to Get Vaccines Without Parental Consent Advances CLICK HERE CDC Probes More Cases of Unusual Pediatric Hepatitis, Including 9 in California CLICK HERE Millions of People Suffer from Long COVID. Why is There No Treatment? CLICK HERE There’s a Lot at Stake in the Mask Mandate Appeal CLICK HERE Hundreds of Suicidal Teens Sleep in Emergency Rooms. Every Night. CLICK HERE California’s Supreme Court Already Declared a Constitutional Right to Abortion. So Why are State Leaders Pushing for a Ballot Measure? CLICK HERE FDA Restricts Johnson & Johnson’s COVID–19 Vaccine Due to Blood Clot Risk CLICK HERE AMA Says It is ‘Deeply Concerned’ by Roe v. Wade Draft Opinion CLICK HERE White House Documents Detail a Looming Squeeze on COVID–19 Boosters CLICK HERE WHAT TO DO … MAY 18, 2022: 6–7:30pm, FREE Webinar for Members and Non–Members, ‘Best Practice: Documenting Disruptive Patient Behavior.’ 1.5 AMA PRA Category 1 CME Credits upon Conclusion. Sponsored by the San Diego County Medical Society (SDCMS) in Partnership with The Doctors Company (TDC) CLICK HERE MAY 19 AND 20, 2022: 8:30am–12:30pm daily, ‘Deep Dive: CME Accreditation Workshop’. For Accredited CME Providers ONLY. $150 Registration Fee. An important continuing education opportunity for all CME professionals, whether new to CME or experienced. 7 AMA PRA Category 1 Credits Available. CLICK HERE JUN 3, 2022: 6–10pm, SDCMS’ 2022 Rendezvous Gala, at The Abbey on Fifth. We welcome Toluwalase (Lase) Ajayi, MD as incoming SDCMS President for 2022–23, and thank Sergio R. Flores, MD for his service as Immediate Past President. Join Hundreds of Physicians, Distinguished Guests, and Local, State and National Legislators For the Installation of Our Incoming President. $150 Per Ticket and $1,400 for a Table of 10 CLICK HERE JUL 12, 2022: 12–1pm, Free Webinar ‘Virtual Grand Rounds: COVID–19 Clinical Udpates’. Sponsored by California Medical Association and CA Health & Human Services Agency in partnership with Osteopathic Physicians & Surgeons of California and California Academy for PAs. 1 AMA PRA Category 1 CME Credit Available. Free to Members and Non–Members. CLICK HERE WHAT TO READ, LISTEN & WATCH … CMA in the Courts READ HERE Podcast ‘What the Health?’ Leaked Abortion Opinion Rocks Washington’s World LISTEN HERE CMA Webinar: Telehealth Reimbursement and Privacy Laws: COVID–19 Emergency WATCH HERE CMA Webinar: What is Value–Based Care and What Does it Mean for My Practice? WATCH HERE SDCMS Webinar: Understanding Malpractice Risks for NPs, PAs, and Supervising Physicians WATCH HERE SDCMS Webinar: COVID–19 for the Long Haul: Post COVID Recovery and Care WATCH HERE SDCMS Webinar: How to Avoid Being Reported to the Medical Board WATCH HERE SDCMS Webinar: Understanding the Risks: How to Dismiss a Patient from Your Practice WATCH HERE SDCMS Webinar: Physician Wellness WATCH HERE SDCMS Webinar: Biosimilars Overview & Policy Landscape WATCH HERE Alzheimer’s Project Clinical Roundtable Free On–Demand CME Webinar Series on Dementia WATCH HERE Comments are closed.