HomeMy WebLinkAboutResolution 2013-60 opposing any bills or ballot measures tha Dept. ID AD-13-031 Page 1 of 2
Meeting Date: 11/4/2013
(14na0r0 ro it1AP-1-c%s
4MW-A61
4
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 11/4/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Fred A. Wilson, City Manager
SUBJECT: Adopt Resolution No. 2013-60 opposing 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
Statement of Issue:
Californians Allied for Patient Protection (CAPP) has requested the City's support on a
resolution that protects the Medical Injury Compensation Reform Act (MICRA). MICRA
ensures that injured patients receive fair compensation while also limiting frivolous'and
meritless lawsuits that increase costs for consumers, local governments and others by
applying a 250,000 cap on non-economic damages. If the resolution is adopted, the City of
Huntington Beach would be officially opposing attempts to increase MICRA's cap on non-
economic damages through the legislature or at the ballot and would become an official
non-dues paying member of the Californians Allied for Patient Protection (CAPP).
Financial Impact:
None.
Recommended Action:
Adopt Resolution No. 2013-60, "A Resolution of the City Council of the City of Huntington Beach
Opposing 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."
Alternative Action(s):
Do not adopt resolution.
Analysis:
At the request of Mayor Pro Tem Harper, the Intergovernmental Relations Committee
reviewed a request from CAPP asking the City to consider supporting MICRA by adopting
a resolution that would oppose any bills or ballot measures that would weaken the MICRA.
MICRA ensures that injured patients receive fair compensation while also limiting frivolous
and meritless lawsuits that increase costs for consumers, local governments and others.
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. The $250,000 cap on
xB -49- Item 7. - I
Dept. ID AD-13-031 Page 2 of 2
Meeting Date: 11/4/2013
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.
At their October 15, 2013, meeting, the Intergovernmental Relations Committee (Council
Members Carchio and Hardy present) recommended that the City Council adopt the
attached resolution officially opposing attempts to increase MICRA's cap on non-economic
damages through the legislature or at the ballot. The City of Huntington Beach would also
become an official non-dues paying member of the Californians Allied for Patient Protection
(CAPP).
CAPP has several supporters, mostly in the health care arena. However, because of the
potential increase to health care costs as a result of changes to MICRA, CAPP is urging
federal, state, local governments, and special districts to consider the financial impacts to
their agencies and adopt a resolution opposing any changes to MICRA. The Association of
California Cities Orange County informed city staff that the board will likely be considering a
position on MICRA in the near future. Three cities in Los Angeles County (Azusa, Carson,
and Downey) have taken action to support to protect MICRA.
Environmental Status:
None.
Strategic Plan Goal:
Improve long-term financial sustainability
Attachment(s):
1. Resolution No. 2013-60, "A Resolution of the City Council of the City of Huntington Beach
Opposing 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."
2. Letter from CAPP requesting Support of MICRA
3. List of CAPP Supporters
Item 7. - 2 HB -50-
ATTACHMENT # 1
RESOLUTION NO. 2013-60
A RESOLUTION OF THE CITY COUNCIL OF TH
CITY OF HUNTINGTON BEACH OPPOSING ANY BILLS OR BA LOT MEASURES
THAT WOULD WEAKEN THE MEDICAL INJURY COMPENSA ION REFORM ACT
(MICRA), INCREASE HEALTH CARE COSTS FOR STA AND LOCAL
GOVERNMENTS AND LIMIT PATIENT ACCESS TO HEAL H CARE SERVICES
i
WHEREAS, California's Medical Injury Compensation eform Act (MICRA) ensures
injured patients receive fair compensation while also limiti g frivolous and meritless
lawsuits that increase costs for consumers, local governm nts and others; and
Under MICRA, patients are awarded all economic damages, such as all past and
future lost wages and all past and future medical bill , and unlimited punitive damages.
MICRA also allows patients to recover up to $250,0 0 in non-economic damages. This
reasonable $250,000 cap on non-economic dama s allows legitimate medical liability
cases to move forward, but provides a disincenti e for lawyers to pursue meritless claims
which waste health care dollars and drive up h alth care costs unnecessarily; and
Trial lawyers and their allies are pro osing quadrupling MICRA's non-economic
damages cap to $1.1 million, which will m e it easier and more lucrative for lawyers to file
meritless lawsuits against all health care roviders, including state and local governments;
and
State and local governments, ' cluding 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 benefit for current and retired employees, and increased costs
for local governments that oper e clinics, hospitals and other health services and provide
health care for Californians thr gh Medi-Cal and other state-sponsored programs; and
A recent review by Ca fornia's former non-partisan legislative analyst found that
increasing the MICRA non
onomic damages cap from $250,000 to $1.1 million would
impact state and local bud,ets by nearly$2 billion each year, including $173 million for
cities; $297 for counties; r111 million for special districts, $170 million for K-12 schools;
and $25 million for community colleges; and
That same study"found that overall health care costs in California would go up by
$9.9 billion annually, diverting those resources away from patient care; and
This change to MICRA will increase health care costs for everyone in California, and
reduce or eliminate'access to health care services for many California residents; and
iv'j,j
13-3998/102476.doc
Resolution No. 2013-60
By joining Californians Allied for Patient Protection, the City of Huntington Beach
would be joining other MICRA supporters including the California State Asso iation of
Counties, California Special Districts Association, California Association of P blic Hospitals
and Health Systems, and more than 800 other organizations representing ,octors,
hospitals, nurses, community clinics, local governments, business and tax ayer groups,
labor unions, EMTs, public safety, others; and
MICRA is a critical component of California's healthcare infras/ructure and must be
protected; now, therefore be it,
NOW, THEREFORE, the City Council of the City of Huntin t�n Beach does hereby
resolve as follows:
That the City of Huntington Beach would like to beco e an official, non dues paying
member of Californians Allied for Patient Protection (CAPP , a coalition which is dedicated
to supporting MICRA.
BE IT FURTHER RESOLVED that the City of Huntington Beach opposes attempts to
increase MICRA's cap on non-economic damages thro4gh the legislature or at the ballot as
these changes would increase health care costs and reduce patient access to care.
7
PASSED AN
D ADOPTED by the City Co cil of the City of Huntington Beach at a
regular meeting thereof held on the day o , 20
Mayor
REVIEWED AND APPROVED: ASP-ROVED AS TO FORM:
City Manager '`y Attorney
I TIA�TED PPROVED:
ssistant City M nager
r
�I^ �/`•, '%�'; ;�_..�i '1 a _�
13-3998/102476.doc
ATTACHMENT #2
Allied'f
Patient
, r�atcµttor
15 K 5,tee Ste 2015,Sj�rnent�_,,(A 91, ;W
Lla , ti t i .916. �€`€ <rhtvm
October 14, 2013
Mayer Connie Boardman.
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Support of MICRA
Dear Mayor Boardman:
Californians Allied for Patient Protection (CAPP) is the coalition created to protect patients'::
access to health care through California's Medical Injury Compensation Reform Act
(MICRA). MICRA's limits on meritless lawsuits beeps liability rates lower;allowing more
doctors and other health care providers to stay in practice and more hospitals and clinics to.
stay open.
MICRA has been successful in stabilizing liability costs while also preserving patients'
access to fair compensation when they have a justifiable claim. Specifically, MICRA
provides for unlimited economic compensation for all past and future medical care,
unlimited compensation for all past and future last wages, and unlimited punitive damages.
MICRA's reasonable capof up to $250,O00 for speculative, non-economic damages helps
reduce incentives for lawyers to file meritless lawsuits which drive up healthcare costs.
Without MICRA's protections,cutbacks to community clinics,health centers and public
hospitals are inevitable because, unable to shift higher insurance casts to their patients,
these providers will have no alternative but to care for fewer people, Furthermore,
changes to MICRA would jeopardize access to care for low-income patients who receive
care from county and UC_health systems that are self-insured, as these providers would
have to redirect funds from patient care to pay for increased medical liability costs.
A recent economic study by California's former non-partisan Legislative. finds that
changing MICRA will increase health care costs for state, federal, ceunty, city government,
special district, K-12,UC and community college budgets by$2 billion each year.These
enti.ties, 1) Provide health and dental benefits for current and retired employees; and s)
Operate clinics, hospitals and other health services,and provide health care for Californians
through edi-Cal and either state-sponsored programs.According to the analysis by the
former LAO,quadrupling MICRA's non-economic damages cap would increase health care
costs for California's state and local government entities by the following amounts yearly:
State Government $108 billion
Higher education.(UC and CSU) $ tab million
K-12 schools $170 million
xB -51- Item 7. - 3
Community colleges $ 25 million
Counties $297 million
Cities (including San Francisco) $173 million
Special districts Sill mjljLQn
Total: California State and local government $1.94 pillion
That is why more than 2DD o gtions are members of the CAPP coalition and support
rganj7
protect MICRA. Members in your area include:
• AltaMed Health Services Corporation
• Coalition of Orange County Community Clinics
• Children's Hospital of Orange County (CHOC)
• CHOC Clinic at the Boys and Girls Club of Santa Ana
• CHOC Health Center, Garden Grove
• CHOC Orange Clinic
• Clinica CHOC Para Niftos
• F.A.C.E.S. Inc.
• Huntington Beach Hospital
• La Amistad de Jose Family Health Center
• La Palma Intercommunity Hospital
• Laguna Beach Community Clinic
• Lestonnac Free Clinic
• Mission Hospital
• Saddleback Memorial Medical Center
• St. Jude Medical Center
• West Anaheim Medical Center
Other local government members include Alameda County Health Care Services Agency,
California State Association of Counties, City of Azusa, City of Carson, City of Downey,
Compton Unified School District Board of Trustees, Contra Costa Health Services, County of
Inyo, County of Lake, Los Angeles County Department of Health Services, Rural County
Representatives of California, San Francisco Department of Public Health, Santa Clara
Valley Health &Hospital System, and Sonoma County Department of Health Services.
We urge the City of Huntington Beach to pass a resolution recognizing that MICRA is a,
critical part of California's health care infrastructure
Please feel free to contact me at 916-448-1992 if you have any questions.
Sincerely,
4isa Maa:qol�
Executive Director
Item 7. - 4 HB -52-
ATTAC H M E N T #3
CAPP: A boat CA113I3: Supporters Paz7c i of 13
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supporters
DOCTORS AND HEALTHCARE PROVIDERS
American Academy of Pediatrics-CA —
American College of Emergency Physicians-CA
Follow @MICRAworks
American College of Physicians California Services --
lika 91 $eno
American College of Surgeons-Northern California Chapter
American College of Surgeons-San_Dfeaa Chanter
American College of Surgeons-Southern California Chapter
American Congress of Obstetricians and Gynecologists
American Nurses Association-CA
American Society for Dermatolo is Surgery
American Society for Reproductive Medicine
AMN Healthcare Services
Association of Cahfomia Healthcare Districts
Association of California Nurse Leaders i
Association of Northern California Oncologists
Association of Orthopedic Technolooists of California
Association of-Women's Health Obstetric&Neonatal Nurses
California Academy of Eve Physicians&Surgeons
California Academy of Family Physicians
California Academy of Physician Assistants
i
California Academy of Preventative Medicine
California Ambulatory Surgery Association -
-California Assisted Living Association
California Association for Health Services at Home
California Association for Nurse Practitioners
California Association of Health Facilities
California Association of Marriage and Family Therapists
California Association of Neurological Surgeons
California Association of Nurse Anesthetist
California Association of Oral and Maxillofacial Surgeons
Cahfornla Association of Physician Groups
California Association of Psychiatric Mental Health Nurses in Advanced Practice
California Association of Public Hospitals and Health Systems
California Association of Rural Health Clinics
California Chapter of the American College of Cardiology
California Children's Hospital Association
California Chiropractic A5sociation
California Clinical Laboratory Association
California Dental Association
California Dental Hygienists Association
_California Medical Association - -
California Neurology Society
California Nurse-Midwives Association
Cafifornia Optometric Association
California Orthooaedic Association
California Pharmacists Association
California Pediatric Medical Association
Caltfornia Primary Care Association
California Psychiatric Association -
California Radiological Society
California School Health Centers Association
California Society for Clinical Social Work
California Society.of Addiction Medicine
California Society of Anesthesiologists
California Society of Dermatology&Dermatologic Surgery
California Society of Pathologists
California Society of Plastic Surgeons
California State Oriental Medical Association
California State Rural Health Association
California Thoracic Society
Cafifornia Uroloclical Association -
California WIC Association
HB -53- Item 7. - 5
http://wurw.micra.org/about-capp/supporters.html i O/l
CAPP: !About CAPP: Supporters P3 ,C 2 of r 3
Children'5 Specialty Care Coalition
Heavenly Home Health
Leddin4A4e California
Medical Oncology Association of Southern California
National ASSOCiahon of Social Woricer5 CaliFOmia Chapter
Network of Ethnic Physician Organizations
NORCAP
Operation Access(604- ChniCS)
O Ceg this Ph SicianS and Sur eons of California
Society of OBIGYN HoStnt@h5ts
SQUthern Califcwnia Public Health Association
liniverSity gf California Health
LOCAL GOVERNMENT
Alameda County Health Care ServiCeS AgenCY
_California ASSOCiation of IOint Powers AuthOriti
California Special Districts Association
California State A5sociation of Coijntirft
City Of Alhambra
City of Azusa
city of Carson -
City Of Downe
Compton Unified School District Board of Trustees
Contra Costa Health ServtCes
Co�nvo
County of Lake
_CSAC Excess Insurance Authority
Health Officers A5506ation 0f California
Los Angeles GOJnt� Department of Health Services
PartnerShlo Health Plan Df Cahf)RAa
Rur 1 nt e r entativeS o lif rnia
San Francisco Department of Public Health
Santa Clara Valley Health&Hospital System
Sonoma County Deaar rn n of Health Services
PUBLIC SAFETY AND LABOR UNIONS
Caifornia State Firefighters'Association
Cement Masons Local 500
Cement Masons Local 6QQ -
Contra Costa Building and Construction Trades Council
District _2!j Of[Cori Workers
East Central California Chapter,NECA
Fresno,Madera,Kings&Tulare Counties Building and Construction.Trades Council _
Heat and Frost insulators Local 5
i$EW 9[h District
IBEW Local 11
IBEW Local 100
IBEW Local 34Q
IBEW LOCat 440
IBEW Local 441
IBEW Local 551
IBEW Local 569
IBEW Local 595
Iriterriatignai Brotherhood of Boilermakers
Iron Workers Lpca£ 118
Iron'Workers LOCai 155 -
Kern,Inyo antl►1OnD Counties Building Trades Council
Laborers Local 185
Los Angeles and Orange Counties Budding and Construction Trades Council
Los Ange Police Protective League
Merin County Building and Construction Trades Council
Mid Valley Budding and Construction Trades Council
OPCM[A lifornia State Conference i
OPCM A L cal 3 -
OPCMIA Locaf 400
Painters Ind Allied Tratles DC :36
Plas[ r s Local 20 l
Plumbers and Fitters Local 398
Plumbers and Steamfttter5 Local 460
Roofers and waterprooter<_Union Local 81
Sacramento Sierra's Building and Construction Trades Council
San Diego County Building and Con truct<on Trades Council
San Mateo County Budding and Construction Trades Council
Clara nil San Benito Counties Buddmo Trades Council
Item 7. - 6 HB -54-
----------. _� I_.w 1 10/18/201
t'APP: Supportefs Pagc 3 of t J
Southern California Pipe Trades O.C. #16
State Building&Construction Trades Council AFL-CIO
Steamfitters Local 250
Teamsters Local 36
Tri Counties Building and Construction Trades Council AFL-CIO
U.A.Local 62
U.A.Local 78 Plumbers
U.A.Local 114
U.A. Local 228
U.A.Local 230 Plumbers and Steamfitt rs
U.A.Local 246
U.A.Local 345
U.A.Local 355 UtillttesLLandscaoe
Q.A Local 364 Plumbers and Pioefitters
U.A.Local 403
U.A.Local 442
U.A.Local 447
U.A.Local 484 Plumbers and Pipe€itters
U.A.Local 582 Plumbers and Steamfitters U.A.Local 709
U.A.Local 761
Union of Americ n Physicians and Dentists
TRUSTS
Pipe Trades DC 936 Health&Welfare Trust Fund i
San Diego County Cement Masons Health&Welfare Trust Fund
Southern California Cement Masons Health&Welfare Trust Fund
COMMUNITY CLINICS AND HEALTH CENTERS
Alameda Health Consortium
Alexander Valley Healthcare
Alliance for Rural Community Health(9 clinics)
Alliance Medical Center(2 Clinics) -
AEI for Health. Health for All(3 clinics)
Aloine Family Medicine
AitaMed Health ervioes Corporation
Alviso Health Center
American Indian Healing Centel
Anderson Family Health&Dental Center
Arlanza Family Health Center
Asian Americans for Community Invoivement
Asian Pacific Health Care Venture.Inc.-(3 clinics)
BAART Community Health Care(9 clinics)
Bell Gardens Family Medical Center
BoOnas Community Health Center
Borrepo Community.Health Foundation -
Brookside Community Health Center(2 clinics)
Brookwood Health Center
California Consortium for Urban Indian Health
Camino Health Centel
[anitol Community Health Network
Center for AIDS Research Education&Services(CARES)
Center for Community Hea#th and UJell-Being
Central City Community Health Center(4 clinics)
Central Valley Health Network(130 clinics)
Centro de Bienestar
Centro Medico Cathedral Ctv
Centro Medico Coachella
Centro Medico El Caio
Centro Medico Escondido
Centro Medico Oasis
i'hOdron's Hncpitai of Orange County Clinic at the Boys and Girls Club of Santa An
Children's Hospital of Orange County.Costa Mesa i
ChiAren's Hp5pltal of Orange County Health Center,Garden Grove
C'hildren's Hospital Of Orange County Orange Clinic i
Chinatown Service Center
Chinese Community Health Services
City Help(4 clinics)
Cleaver Family wellness Clinic
Ctinica Children's Hospital of Orange County Para Moos
Ciinica Monsenor Oscar A.Romero _
Clinicas clef Camino Real(10 clinics)
Coalition of Orange County Community Health Centers(53 clinics)
Coastal Health Alliance(3 clinics)
CommuniCare Health Centers(5 ciinics)
HB -55- Item 7. - 7
http://,A�Tw.micra.org/about-capp/supporters.html 10J18J�
CAPP_ About CAPP: Supporters P�ige ' ��t i3
Community Clinic Association of Las Angeles County 142 clinics)
Community Clinic As ation of San Bernardino County
Community Clinic Consortium Serving Contra Costa and Solano Counties 121 clinics',
Community Health Alliance of Pasadena(CHAP) -
Community Health Ctirnc Dle(S clinics)
Community Health Partnership(12 CIinic5)
Community Health Sy
stems Inc.(5 clrniCs)
Comm pity Medical Cen rs(12 clinics}
COrnprLCare Health Center
Corcoran Health Center
CORE Medical Clinic Inc.
Council of Community Clinics Serving San Diego imperial Riverside Counties_(98 clinics)
Crenshaw Community Health Center
Curry Senior Centel
Daly City Health Services
D."aIY_C,jy Yputh Health Center
Darin M.Camarena Health Centers.Inc.
Davis Street Family Resource Center
Delano District Skilled Nursincl Facility
Desert Home Care
Desert Hot Springs Community Health Center
Dientes Cgoirriunity Dental Clinic
Doctors on Duty A tos
Doctors on Duty •CSUMB Health Center
Doctors on Duty•Mariam
Doctors on Duty - Monterey
Doctors on Duty •Salinas South Main
DOcturs on Duty-Salinas Urgent Car
DoctQrs on Duty-San lose
ooctors on Duty Santa Cruz
Doctors on Duty Seaside
Doctors on Duty-Watsonville
East yatley Community Health Center
Earlimart Health Center
Easiside Health Center
Eisner Ped�a[nc&Famiiv Medical Center
El Dorado,County Community Healtli-Center
El Fjocta.r Community Setvices.Inc.
Ela a Allen Health Center
Escondr o Family Medicine
F,xcels,or Health Services
F ailbrook Farn ily Healtt><�P�er ,
family Assessment-Counselino&Education Services.Inc. -
Family H alYh Care Cinders of Greater Los Angeles,Inc,
Family Healthcare Network(f i clinics;
Friends of Family Health Center
Gardner Fam iy Health Network
Gardn r Health Centr j
Garfield Health Cgriter .
Glide Health Services -
Haight Ashb ry Free Clinics-Walden House(S sites;
Happy Valley Family Health Center
Harbor Community Clinic
Ha-va'ian Cardens Health Center
H Rh Aif� fiance of Northern C liforni (12 clinics;
tieafth F_oL(3 clinics)
M e,Qlrhrare for the Homeless Prole CC
Huron.Health Center
Imperial Beach Health Center
Indian Health Center of Santa Clara Valley(4 clinics;
l island S�and Health Services
Inland Empire Community Health Center
-- Inland Family Community Health Center -- _— - - -- -- -
lnstlt t�althcare Advancement
)ulian Medical Clrnis
)wCH€nstitt)te(9 clinics)
Kerman Health Center
KHFIR CenterS 3 Climes)
Kids Come First Community Health Center
t2 Amistod de lose Family Health Center
s a ChniCa de La Raza(23 clinics)
La Habra Family Resource Center -
ia ttaes[ra Community Health Centers(9 clinics)
Igiouna Beach- mmunit Clinic
iestons3 c Free Clinic(6 dinics)
Item 7. - 8 xB -st- /�
1Un/18/2017
3
CA PP- About CAPP S't=pporters
LrfeLono Medical Care 1,9 clinics)
Livingston Community Health Se"Ces(2 clinics)
Lodi Memorial Community Clinics(4 clinics) -
Las Anoeles Gay and Les¢tan Center(Jeffrey Goodman Special Care Clinic',
Magnolia Community Health Center
Mann Community Clinic5 13 clinics?
MEND:Meet Each Need with Dignity
Mendocino Coast Clinics.Inc .
Mendota Health Center
Mission Neighborhood Health Center
Moreno valley Family Health Center
_ Mountain Eml)ire Famify MediCrne
Mountain Health nd Communi Services Inc.(5 clinics)
Native American Health Center of Alameda
Native American Health Center Richmond Wellness Center
Native American Health Center of San Francisco
Native American Health Center of San Francisco Dental Clinic _
Native American Youth Health Center
Neighborhood Healthi; (II clinics) -•
Northeast Community Clinics(12 clinics)
Northeast valley Health Corporation(13 clinics)
North Coast Clinirs Network(14 clinics)
North East Medical,Services(T clinics)
Oakland Seven Directions Native American Health Center
Open poor Community Health Cen[er5.(9 Clinics)
Operation Samahan Community Health Centers(6 clinics)
Orancle Cove Health Center
Otav family Health Center
Paradise Hills ramay Clinic
Parker Health Center
PDI Surgery Center
Peninsula Primary Care
Peninsula Primary Care Manna
Petaluma Health Center
Planned Parenthood Affiliates of Californta(116 clirycs)
Point Rem Station Community Health Center -"
Puente a La Salud Mobile Commg nity Clinics
QueensCare Family Chnits(6 clinics)
Redwood Community Health Coalition
Roseland Children'5 Health Center
Sacramento Commultity Clinks(3 clinics)
SBCra R'lcnto Native American Health Center
Saiud Digna
Salud Para La Gente(€4 Clinics)
San Benito HeatthFgundation
San Bernardino Mountains Community Hospital District Rural Health Clinic Lake Arrowhead
San Bernardino Mountains CommunitV Hospital District-Rurai Health Cliruc. Runninq Springs
5,an Dtggo Fami}fir Care(3 clinics)
San Francisco Community Clinic Consortium(10 clinics) i
Sanger Health Center S
San Jose Foothill Family Community Clinic
San Ysidro Health Center Inc.
SantaBarbara Neighborhood Clinics(4 clinics)
Santa Maria's Children and Family Center
Santa Rosa Community Health Centers(S clinics)
Shasta Community Health Center(6 clinics) - -
Shasta Community Health Dental Centg
Shasta Lake Family Health Center
56erra family Medical Clinic
Silva Pediatt&Medical&Dental Clinic
Social Action Community Heafttl System
Somerset Educational Services
Sonorria County Indian Health Protect Inc.
Sonoma Valley Community Heaft_h Centel
Sianusas Community Dental Center
5outh Bay Child Guidance Clinic
South Say Children's Health Center
South Bay Family Dental Clinic
Squat Bay Family Health Care(5 clinics?
South Central Famifv Health Care(4 Clinics)
South County Health Center
Koutst5tde Coalition of Community Health Cen r
Southwest Community Health Center at Lombardi Court
St-An h nv free Medical Clinic
Stinson Beach Community Health Cent
xs -57- Item 7. - 9
htt-p://www.niicra.org/about-capp/supporters.html 10/18/2013
CAPP: �ilboLlt C �`APP: Suppo►ter i'a<�e !a a l3
St.)arnes Health Center
St )ohn's Nell Child and Family Qenjers(10 clinics)
5t.Luke's Adult Intern{Medicine
St Luke's Pediatric Clinic
St Luke's WOmen's Center
Sunset Health 5grvices
Tarzana Treatment Centers(10 clinics)
The BorMo Springs hildren-s Center
TheChildren'S Dental Center of Qreater Los An les
The Saban Free UggL
The Smile Factory
Tiburcio ya5Quez Health Center,inc.
To help Everyone(T H-E.)Clinic Inc
Tn-City Health Center
Tulare Community Health Clink(4(l+n,cs)
Utr+ma Community Clinic
Union City Health Center
klnited Health Centers of the Sen Joaawn a1le 1(8 dinKS)
valley Community Clinic
Van Nuys -Panorama Dental Center
Vista Commung Imics(6 chruc5)
Visa Family Health Center
Watts Healthcare Corporation
WeILSpace Health
4Ne t�health Centers tnc.
Wectem Sierra Medical Clinic
4Ne5t5;de Family Health Center
4! stside Neighborhood Chni -
WhitneyYoung Family Health Chr
- i
ORGANIZATIONS COMMITTED TO DISEASE PREVENTION -
I
25th Street Family Medicine
American Bone Health
Breast Cancer Connections
California Dialysis Council -
CBliforn;a family Health Council
H emo hdia uncii of lif rma
Infectious Disease Association of Caldornia
Latino Coalition for a Healthy Caifornia
PADRES Contra EI Cancer -
4,outhern California Alcofiof and Drj-�PrcgLan Inc
HOSPITALS
Adventist He I h
Advent-5t MediCal Center Hanford
Adventist Medical Center Reedlev -
Adventist Medical Center•Selma
AHMC Anaheim Re Tonal Med;cal Center
Alameda County Medical Center
Alameda Ho p� taS
Alhambra Hospital Medical Center
Alliance of Catholic Health Carer
Alta Bates Summit Medical Center
Alvarado Hospital Medical Cent r
Alvarado Parkway Institute
_Antelope valley H05mal
Arrowhead Regional Medical Center
Arroyo Grande Community Hospital
Aurora Bebavioral Health Care-Cl.arter Oak
Aurora havioral Health Care-San nipnn
Av nti Hos itaf
--- l3akersfield Memonal Hospital--_ -- .-• _--- -- - --- - —
B_ailar¢Rehabilitation Hospital
Banner Lassen Medical Center
Barlow Respiratory ffp5p
LLaj
ga rS w Co rnmun'ty HDSpltal
Barton Healthcare System
Barton Memorial Hoy ital -
Bear Valley Community Health are Drstnct
Bear Valley Community Hospital
Beverly Hospital - - _ -
Biggs-Gridley Memorial Hospital
California Children's Hospital Association
California ifos ital Assocation
Item 7. - 10 xB -58-
htl„l 14/18/2013 --
CAPP- About C:A Suppoflcrs i' k�e 7 of1 3
California Hospital Medical Center
California Pacific taedical Center
Canyon Ridge HOSprtal
Catalina Island Medical Center
Cedars-Sinai Medical Center
Cent+nela Hospital Medical_C_enter
Central Valley General Hospital
Chapman Medical Center
Children's Hospital Central California
Children's Hosigit f Los Angeles
Childn 's Hospital of Orange County
Children's Hosprtaf&Research Center Oakland -
Chmese HospiI
Chino valley Medical Center
CHOC Chitdren's at Mission Hospital
Citrus Valley Health Partners
Cirrus Valley Medical Center-Inter Community Campus
_ Citrus Valley Medical Center-Queen of the valley Campu@
QtV of Hope
Clovis Community Medical Center
Coatinga Rernanal Medical Center
Coastal CcmmuneGes Hosoital _
Coll g�Cerritos
College Hosgrla.L Costa Mesa
Colu5a Regional Medical Center
Community Behavioral_Healtb Center
Community Hospital Long Beach
Community Hospital of San Bernardino i
Community Hosoital of the Monterey Peninsula
Community M d,cal Centers
i.
Community Memorial Hospital I
Community Regional Medical Center
Contra Costa Regional Medical Center
Corona Regional hte¢ica!Center -
Cottage Children's Hospital -
Cottage Health Systems -
Daughters of Charity Health System
Desert Reaional r-Medical Center
Desert Valley Hospital _
Digndy Health '
Doctors Hospital of Manteca
Doctors Hospital of west Covina
Doctors Medical enter of Modesto -
Doctors Medical Center San Pablo
Dominican!-iospitaE
Downy Regional Medical Center
East Los An ele5 Doctors Hospital -
East valley Hg_%pital Medical Center
Eastern Ptumas Health Care
Eden Medical Center.Castro Valley
Eden Town shin He lOcare District
El Camino HoSprtal-Los Gatos
FI Camino Hospital Mountain view
El Cegtro Regional Medical Center
Encino Hospital Medlj,?,t Center
Enloe Medical Center
Fairchild Medicat Center
Fallbrook HOS9ita
Feather River Hosoital -
Foothill.Presbyterian Hpsprtaf
Fpunta-n Vafley Recgnal Hospital.antE Medcal Center
Frank R-Hoevard Mernonal Hospital
Fremont Hospital
French li 5 ital Medical Center
fresno Heart&Surged Hospital
Garden Grove Hospital and Medical Center
Garfield Medical Cent r
Gat mays Hoscn at and Mental Health Center
George L Mee Memorial Hospita3 -
Glendale Adventist Medical Center ,
Glendale Hemonal Hospital and Health Center -
Goleta valley vallLy Cottage Hospital
i.
Good Samantan H spitdf t.os Angeles
Good Sam_ aritan Hospital San Jose
Gr.tater E I M me Corrimuni os 't l
xB -ss- Item 7. - 11
htt,3://w-ww.micra.org/about-capp/supporters.htmi 1012 2�1 LU 1
CAPP.- About CAPP. Suppoilcrs 8 of I
Hazel Hawkins Fiemoridl Hospital
Healdsburg District Hospital
Healthcare Consultation Center I and 1
Healthsouth Bakersfield Rehabilitation Hospital
Heaifhsauth Tu bn Rel)abilitatipn HOSpital
Hemet VdlleV Medical Center
Henry Mayo Newhall Memorial Hospital
Heritage Oaks Hospital
Hi-Desert Medical Center
Hollywood Presbyterian Medical Center
Hospital Assoc-ation of San Die00 and Imperial Counties
H_o50ital A550Llatlon Of Southern California
Hosplal Cor Dration of America
Hasoital Council of Northern and Central California
HuntinQK3n BeaCh Hospital
Huntington Hospital
Inland Valley Medical Center
inrenrated Healthcare Holdings Inc.
Jerold Phel s�Y Hospital _
Jewish Home of San Fran ,
lohn C.Fremont Healthcare District
John F-Kennedy Memorial Hospital
John Muir Behavioral Health Center
I
John Muir Health
't
lohn Muir Medical Center,Concord Campus
John Muir Medical Center.walnut Creek Campus I
lnvice Eisenberg Keefer Medical Center
Kaiser Permanen[2 I
Keck Hospital gf USC
Keck medical Center-Beverly Hd IS
Keck Medical Center-Downtown
Keck Medical Center-La Canada
Keck Medical Center of USC Pasadena
Kern Medical Center
Kern Valley H althCre District
Kindred Healthcare
K.ndred Hosoatal- Baldwin Park -
Kindred Hpsprtal Brea
Kindred H2Sl2Aal _La Mirada
Kindred Ho5pital -Los Angeles
Kindred Hospital Ontario -
K;pitied Hospital .Ran[h0
Kindred HOSpIlal Riverside
Kindred Hospit>_I- Sacramento
Kindr d Hospital-San Dieg -
Kindred Hospital-San Francisco Bay Area
Kindred Hospital-San Gabriel valley
Kindred Hospil I-Santa An -
i.
Kindred Hospital.-South B
Kindred Hospit
Kindred Hospital-Westminster
La Patma Interc9mmunity HOSPitai
I
Los AAQeJCS County LAC*USC Healthcare Network - '•
Lakewood Regional Medical Center
Lodi Memorial Hospital - -
m c vdiley M dreal Center
Long Beach Memorial Medical Censer
Los Alamnas Medical en er -
Los Angeles County HarbogUCU Medicpi Center
Los Angeles County Olive View/UCLA Medical Center
l n5 Robles Hospital$Med 1 4Center
i
Luttle Packard Chddren's Hosbitai
— Mad River Con)mulUty Hospital - - — - -
Madera(-ommumty.Hospital -
Mammoth HoSpiLd1
Marian ReolonAl Me ical Center
Marina Del Rev HOsp,tal
Mann n rat Hos Aai G en rae
fiarshall Medical Center
Martin Luther K!na Jt Community Hospital
MayerS Memonal Hospital L)istrict
MemonalCdre Health Svstem -
Memorial HOspitaf Los Banos
?lemon I HOSPItal of Gar en.
Memorial medical Center - -
Item 7. - 12 xs -60-
n
10/18/701J
L'Ai'P: ,Abo'It CAPP: Stlppo[LCrS
Mendocino Coast District Hospital
Menifee valley Medial Center
Menlo Park Surgical Ho pRal
Mercy General Hospital
MerCV Hospitat of Folsom
Mercy Hospitals 8 kersfield-Southwest Campus
Mercy Hospitals Bakersfield-Trurton Campus
Me"Medical Center Merced-Community Campus -
Mercy Medical Center MI.Shpsta
Mercy Medical Center Redding
mercy San Juan Medical Center
Methodist Hosgitaf of 5acramento
MethodiSt HoSpjtai of Southern California
Miller Children's Hospital
Mills-Peninsulo Health Services
Mission Community Hospital
Mission Hospital
Mission Hospital Laguna Beach
Modoc Medical[ent!?r
Montclair Hospital Medical Center
Monterey Park Hospital
North Sonoma County Healthcare District
NorthBav Healthcare Corporation
NorthBay Medical Center
nlorthBay VacaValley Hospital
Northern Inyo Hospital
Northridge Hospital Medicat Center
Novato Community HoSpital
Oak Valley Hospital
O'Contiar Hospitai
Oi m is Medical Center
Orange Coast Memorial Medical Center
OrOvllie Hospital
Pacific Hospital of Long Beach
Palrn Drive Hospital
Palomar•HeaRh '
Palomar Medicai Center
Palo Verde Hospital
Parad.Se Vai€ey Hospital
Parkwew Community Hospital Medical Center
Patients HosDdat of Redding
Fe, .lyr�Hrh Care District
Petaluma Valley Hospital -
PIH Health Hospital
Pioneers Memorial Healthcare District
Placentia-Linda Hospital
Plumas District HoSo+tal
P m ratio Ho,gpital
Pomonz Va?Igy Hospital Medical Center
Prime Healthcare Services
Promse Hosptal of San Diego
Providence Health&ServiCeS-California
Providence Holy ross Medical Center
ProviCleriCe Little Company of Mary Medical ent T rr
Providence Little Company of Mary Medical Center San Pedro
Providence Saint IOseph Medical Center
Providence Tarzana Medi_caf Center
Queen of the Valley Medical Center
Raciv Children's Hospital-San Mk cm
Rancho Los Amigos National Rehabilitation Center
Ran hg Springs MedKal Center
Rediands Corttmunity Hosoital
RedwooO Memorial Hospital
Regional Medic Center of San lose
Riduecrest Regsonal HoSpitaf
Rfymide Community Hospital -
Rwerside County Regional Medical Center
Ronald Reagan UCLA Medical Center
Saddleback memorial Medical Center•Laguna Hills -
Saddleback Memorial Medical Center San Clemente
_Saint Agnes Medical Center
< int Louise Re ionai HODSitak
Salinas Valley Memorial Healthcare System -
San Antonio Community Hospital
San£ernardino Mountains Community,Hospital Di5tri t
HB -61_ Item 7. - 13
http://xk�vw-i-nicra.org/about-capp/supporters.html 10/18/2013
CAPP.- About CAPP_ Supporters pa,��e it 0 o f 17
San Dimas Comrri4imty Hospital
San G�Valley Medical Center
San Goroonio Memorial Hospital
San Joaquin Community Hospital
San Joaown General Hospital
San luanuin valley Rehabilitation Hospital
San Leandro Hospital
San Raman Regonal Medical Center
Sant,j$arbara Cotta a HospitaI
Santa Clara Valley Medical Center
Santa Rosa Merrloriai Hospital
Santa Ynez Valley Cott HpSpita! -
SCrippS Green HO5pita!
SCYIpQ5 Health
Scripps Memorial Honital Encinitas
ScriopS M n�pital La Jolla
ScriopS Mercy Hospital
Seneca HealthCare District
Seton Coastside
Seton Medical Center.Daly City
Sequoia Hosoita!
Sharp Chula Vista medical Center
Sharp Coronado Hospital
Sharp Grossmont Hospital
Sharp Heal h are
Sharp Mary Birch Ho peal for women&Newborns
Sharp McDonald Center
Sham Memorial Hospital
Sharp Memorial Outpatient Pavilion
Sharp Mesa Vista Hospital
Shasta Regional Medical Center
Sherman Oaks Hospital .
Sierra Nevada Memoria!Hospital
Sierra View District Hospital
Sierra Vista Hospital '
Sierra vista Regional Medical Center
Simi Vallev Hpwktal
Sonoma valley Hospital
Sonora Regional I.1edic I Center
Southern Humboldt Community Healthcare Distract
South rn Invo HOS ital
Southern MynQHealthcare Distrlrt
Southwest Healthcare System
Stanford Hospital&Clinics
St Sernardine Medical Center
St.Eillabeth Cgmmunity Hos i l
St.Francis Medcal Center
St.Helens yocnital Center far Behavioral H elth
St-Helena Hospital,Clear Lake
St Helena Hospital Napa ValllPOAdventist Health
St 7nhn•s Pleasant Valley Hospital
St_John's Regional Medical Center -
St Joseph Health System
St Joseph Heph spa
St.Joseph Hospital,Orange
51,Jpseph'S Behavioral Health Center
St.Jcsgoh's Medical Center
Sr Jude Medical Center,Fullerton
St LukfL5 Campus California PacifiC Medicaf Center
5t, Mary Med+cal Cen er
St.mary�Ig¢ical Center,apple Vales
St.l%lary 5 Meoical Center
S.Rose
St Vincent medical Center
Surprise Valley Health Care District
Sutter Amador Hospital
Sutter Auburn faith Hospital
Sutter Center for Psychiatry
Sutter Co t HoSpital
Sutter Day*Hospital
Sutter Delta Medical Center
Sutter Lakeside Hospital
Sutter Maternity and Surgery Center of Santa Cruz
Sutter Medical Center-Sacramento
Sutter r•Jed cal Center of Santa R¢sa
i
Item 7. - 14 HB _62_ f/� t p/2013 f
..«rt/nE-...i it_n�rsn/ctinnnrTprc }�krn� JO/18
�--'APP-About CAPIP: Suphortc s pagc 11 of 1
Sutter Rosewile Medical Center
Sutter Solanp Medical Center
$utter Tracy Community Hospital
Tahoe rorest Hospital Dis[nci
Tehachaoo Valley Healthcare District
Telecare Corporation
Tenet Healthcare
Torrance Memorial Medical Center -
Totally Kids Rehabilitation Hospital
Trinity Hoy ital
Tri•City Medical Center
Tri-City Regional Medical a ter
Tulare Regional Medical Center
Twin Cities Community Hospital
UCLA Santa Monica Medical Center
tJC San Diego Health System
UCSr Medical Center
Ukiah Valley Medical Center
University of CaRfomia,Davis.M dical Center -
University of CalttDmia,Irvine,Medical Center
University of Southern California Medical Center
ttSC Norris Comprehensive Cancer Center and Hospital
U$C Norris Westside Cancer Center
USC Verduoo Hdls Hospi[aH
ValleyCare Health System
Valley Presbyterian H 5pi al
Victor Vatlev Global Medical Center
Washington Hospital Healthcare System -
WatSonyille Community HDSpltal j
West Anaheim Medical Cen[er
West Hills Hosoital&Medical Center
Western Medical Center-Anaheim
Western Medical Center-Santa Ana
White Memorial Medical Center
Whittier Hospital Medical Center
LNOodEa nit Hem hcdro
MEDICAL.AND DENTAL SOCIETIES
Alameda-Contra Costa Medical Association -
AlQmeda County Dental Society
City
Angel f_y Delta!Sotie�y
Arab-American Dental Society
Armenian American Medical Society
Berkeley Dental Society
Butte-Glenn Medical Socie[v
Butte Sierra District Dental Society
Central CoaStDental Society i
Contra osta Dental 5QCiety
Fresno-Madera Dental Society
Fresno-Madera Medical Society
Harbor Dental Society
Humboldt Del-Norte County Medical Society
Humboldt Del-Norte Dental Society
Imperial County Medical Society
Indian Dental Association of California
Inyo-Mono County Medical SoCiet�
Iranian Dental Association of California '
Kern County Dental Society
Kern County Me ical 5ociet
Kings County Medical Society
Lassen-Pluma5-Modoc-Sierra County Medical Society
Los Angeles County Medical A55ociation
_ Los Angeles Dental Society_ -
Morin County Dental Socie[
Marin Medical Society
Mendocino-Lake County Medical Society
Merced-Mariposa County Medical Society
Mid-Peninsula Dental Society
Monterey Bay Dental Society -
Monterey County Medical Society -
NaAa County Medical Sccwty
Na Solano Dental Society
North Valley Medical Association
Northern California Dental Society -
Qrance County Dental Society
H13 —63— Item 7. - 15
http://www.micra.org/about-capp/supporters.htmi 10/1 zsizut J
(vilPP: About ('/WP: Supporters Page 12 o 1 i
Ords4eCountount P�sSodati0n
Placer Nevada County Miedieai Society_ -
Redwood Empire 4ental Socieiv
Riverside County Medical AssoCiatimn '
Sacramento District Dentat Society
San Benito County Medical Society
San BernardinpC.ounty Medical SoCiet
San Dieao County Dental Society
Sgn Di County Medtcal Socieiv
San Fernando Valley Dental Society
San Francisco Dental Society
San Francisco Medical Society
San Gabriel Valley Dental ociety
San Inaciurn Dental Society
San oaguin Medical Sadety
San Luis Obi5oo County Medical Association
San Mateo County Dentat Society
n Mateo CgQnty Medical ASsociation
Santa Barbara County Medical Sgcrety
Santa Barbara-Vgntura County Dental Society
Santa Clara County Dental Society
Santa Clara County Medical AssoCiation
Santa Cruz County MedicaE Society -
Sierra Sacra entg Valify Medical Society
SOlano County Medical5ociety
Son m� a County medical Association
Southern Alameda County Dental Society
Southern California Filipino Dental 5ociety
5 anislaus Dental SOcietY
Stanislaus Medtcal Society
Tri County Dental Soo tV ',
Tulare County Medical Society
Tulare-Kenos Dental So rc etv
Tuolumne County Medical Socie�r
Ventura County Medical Association
Western Los AnggleS Dental SOM -
Yosemite Dental Society
Yuba-Sutter f-plusa Medical Socety
MEDICAL GROUPS
Atfili e�d Doct 1.S of Dran9e Coy,Sv
Affinity Medicat Gro--lip
Alta Bates fl7 dical Group
ApgleCare Medical Group
Arch Health Partners
Bakersfield Famity Medical Center
B4V E�le_y Elegical Grou
Beaver Medical Grasp
Brpy,n&Toland Physicians
Cedars in i Medical Grgup
Ch I ren's Ph i ions Medical Croup
Chinese Community Health Care Ass0oati0n
Choice Medical Groua
Coastal Communities Ph ician Network -
Desert Oasis Health Care
Facey Medtcal Group
Golden Empire Managed Care Inc
Heal'hCare Partners Medical Group
Heritage Provider Network
Hen a e Victor Valley Medical ro p
Hroh Desert Medical Grovo _
Hill Physicians Medical Group
-- I akeside ft d�&al Group —
MemorlalCare Medtcal FOurdabon
MemonalCare Medical Group
Mercy Medical Group
Mills-Peninsula Medical Grow
f4onarch HeallKare
NAMM California
PhySrcian5 Medical Group of Santa Cruz County
Pioneer Medical Croup
PnmeCare Medical Network-Inc.
R_eoal Medical GrcuQ -
Sansum Clin, -
n2P Health System.Inc.
Item 7. - 16 HB -64-
_ 10/18/2013
CAPP- About GAPE: Supporters Pave 13 or
Sharp Commun,tY Medical Group
Sharp Rees-Stealy Medicat Group
Sierra Medical Group
Sutter Gould Medical foundation _
Sutter Independent Physicians
svnerMed. Inc.
Talbert Medical Gro
The Permanents Medical Grouo,Inc.
UCLA Medical Group
HEALTHCARE PROVIDER-OWNED PROFESSIONAL LIABILITY CARRIERS
BETA Healthcare Group -
California Healthcare Insurance Company
Cooperative of American Physicians
Med America Mutual
Medicat Insurance Exchange of California
Medical Protettive Group -
NORCAL M tua!Insurance Company
Ophthalmic?.Mutual Insurance Company
Physicians Reimbursement Fund,Inc.
Podiatry Insurance Company of America
The Dentists Insurance Company
The D ctors Company
t
HB -65- Item 7. - 17
http://wwuJ.m-lcra.org/about-capp/supporters.html 10/18/2013
IIAI�1-3
Esparza, Pally
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, November 04, 2013 4:02 PM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 16319 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Tim Ryan
Description: To the Honorable Mayor and City Council:
You have an important item on the consent calendar. Essentially, you are being asked to
adopt Resolution No. 2013-60.
It is my opinion that more information be provided to you folks regarding MICRA
before any vote is taken. I am providing just a few salient points that need to be
considered.
I respectfully request that the proposed resolution be taken off the consent calendar until
a further review is undertaken.
Thank you for your consideration. I look forward to meeting each of you in the very near
future to discuss this very important item.
Tim Ryan
We are changing our emails! My new email will be Tim(?
tiryanlaw.com
Timothy J. Ryan Esq.
Timothy J. Ryan & Associates
8072 Warner Avenue
Huntington Beach, CA 92647
Ph: (714) 898 —4444
Fx: (714) 891 — 5802
www. TJRyanLaw.com
Expected Close Date: November 5, 2013
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
1
C tl Re f f
PLO .
Fu
- Myths & Facts About
Myth: Under MICRA, injured patients can only receive $250,000 in damages.
Fact: Trial lawyers want to increase MICRA's cap so that they can file more lawsuits thus collecting
more in legal fees.The fact is that under MICRA, patients involved in medical liability cases are fairly
compensated. Under MICRA, patients receive:
• UNLIMITED economic damages for any and all past and future medical costs.
• UNLIMITED economic damages for lost wages and lifetime earning potential.
• UNLIMITED punitive damages-punishment awarded for malicious or willful misconduct.
• Up to$250,000 for speculative"non-economic"damages,often called pain and suffering.
o The$250,000 cap reduces incentives to file meritless lawsuits,while at the same time ensures that
legitimate claims can move forward.
Myth: MICRA is outdated. The current$250,000 MICRA non-economic damages cap
is too low. Patients can't get justice.
mac : MICRA has stood the test of time because it has been so successful at lowering health care costs
and improving patient access to care,while compensating patients fairly. Patients are entitled to
unlimited compensation for medical costs,lost wages and earning potential, and punitive damages.And
the$250,000 non-economic damages cap strikes the right balance between allowing legitimate claims to
move forward, while providing a disincentive for lawyers to pursue meritless lawsuits.
Under MICRA, payments to injured patients are going up at more than twice the rate of inflation.
s250,000
California supreme Court
I:phoids 1IICRA Against
$200.000 constituriwnl ch.uenge
s150,000
5100,000
$50,000
so pp p NN
"MICRA and Access to Healthcare,"LECG 2010,p.28
SUPPLEMENTAL
1 COMMUNICATION
Meeting Date: lie/ll
Agenda Item too.
Myth: Increasing MICItA's cap won't increase health care costs.
Fact: Not true. It's estimated that the trial lawyer-funded measure to quadruple the MICRA non-
economic damages cap from$250,000 to$1.1 million will cost consumers and taxpayers in CA nearly 10
billion annually, or approximately$1.000 for a family of four.
Higher costs from a MICRA change come because of two main factors: 1) More frivolous lawsuits and
settlements drive up health care costs overall; and 2) More frivolous lawsuits increase the incidence and
the cost of"defensive medicine,"the practice of providers' ordering medically unnecessary tests and
procedures to "cover themselves"in case they get sued.
Myth: Costs won't go up for cities and counties if MICRA is changed.
Fact: Not true. Cities and counties pay hundreds of millions each year for current and retiree health
benefits. City and county costs for health care and retiree health will balloon if MICRA is changed.
Local governments also provide health care services directly through locally funded hospitals and
community clinics and other local programs.According to an October 2013 report by the independent,
non-partisan Legislative Analyst's Office,which reviewed the trial lawyers'ballot measure, increasing
MICRA's non-economic damages cap to$1.1 million as proposed could increase state and local
government costs by"hundreds of millions of dollars annually."
Myth: MICRA hasn't done anything to lower health care costs in California.
California still has among the highest health care costs in the nation.
Fact: While health care costs have gone up throughout the country, MICRA has limited meritless lawsuits
and unnecessary"defensive medicine,"thus reducing costs to consumers by billions of dollars each year,
according to the state's former nonpartisan Legislative Analyst.Trial lawyers are saying and doing
whatever possible to hide the ball in their efforts to change MICRA so they can more easily sue medical
providers and make more in legal fees.
Myth: Changing MICRA by increasing the non-economic damages cap will help
improve quality by holding doctors more accountable.
Fact: First,we believe even one medical error is too many. But changes being proposed by trial lawyers
to make it easier to file more meritless lawsuits and make more in legal fees won't do anything to
improve quality. In fact, more lawsuits against doctors, community clinics, hospitals and other health
care providers will reduce the number of physicians and specialists available, reducing patient access to
the quality care we need.
That is why trial lawyer-sponsored changes to MICRA are opposed by nearly 1,000 organizations
including doctors,hospitals, community health clinics,nurses,public safety,local governments and many
more who strongly support MICRA because it fairly compensates patients and increases access to care.
2
Myth: Under MICRA, seniors and children are limited to $250,000 in damages.
Fact: Not true. MICRA fairly compensates patients by awarding unlimited economic compensation for all
past and future medical care, past and future lost wages, unlimited punitive damages, and up to$250,000
in non-economic damages.The changes to MICRA being proposed by trial lawyers,to make it easier and
more lucrative to file more meritless lawsuits and generate more in legal fees,will only increase health
care costs, and will especially harm seniors, children and low-income families by making health care less
affordable and reducing access to care.
Myth: States without non-economic damages caps have lower medical liability
premiums than states with caps.
Fact: See the chart below for a comparison of rates between California and other large states without
adequate tort reforms like MICRA. New York has no caps on non-economic damages and its premiums
are much higher than in CA.
California New York Florida
(Los Angeles/ (Nassau/Suffolk (Dade/Miami
Orange Counties) Counties) Counties)
OBGYN $ 71,248 $184,802 $190,829
General Surgery $ 54,400 $133,593 $190,829
Internal Medicine $ 15,415 $ 35,733 $ 47,707
Source: "Medical Liability Monitor"2013.
Myth: Community clinics aren't affected by MICRA at all. They receive their medical
liability free of charge from the federal government.
pact: Many, but not all, community clinics and health centers in California are Federally Qualified Health
Centers (FQHCs) and receive some medical liability coverage through the Federal Tort Claims Act(FTCA)
at no cost. But that coverage is limited. FQHC's must frequently buy"wrap around"medical liability
coverage on the open market for services not covered under the FTCA. MICRA helps keep those costs
lower.
For those not qualified as FQHCs,they must buy all medical liability insurance on the open market.
If MICRA is changed, medical liability coverage costs would certainly increase. Community clinics and
health centers are already operating on razor thin budgets, any increase in costs would have to be offset
by cuts elsewhere, possibly in reduced patient hours, cuts in medical staff, and cuts in services offered.
That is why hundreds of community health centers and community clinics are strongly in support of
MICRA.
3
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.coml
Sent: Thursday, November 14, 2013 10:46 AM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 16445 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Paul Woods SUPPLEMENTAL
Description: From: Paul Woods [mailto:pwoods@caoc.org]
Sent: Thursday,November 14, 2013 10:17 AM COMMUNICATION
To: Shaw, Joe
Cc: Dombo, Johanna Maeting Date:
Subject: The Troy and Alana Pack Patient Safety Act
Dear Council Member Shaw: Agenda item No.— _
As the proponents of the Troy and Alana Pack Patient Safety Act, please accept this
communication for your consideration in advance of the Nov. 18 hearing on a proposed
resolution opposing any"weakening" of the Medical Injury Compensation Reform Act
of 1975, commonly referred to as MICRA.
First, let us explain our interest in this issue. The Troy and Alana Pack Patient Safety
Act, an initiative that we anticipate will be on the November 2014 statewide ballot, has
three major components that collectively target the state's epidemic patient safety
problem. This initiative would:
1. Require random drug testing of doctors. According to the California Medical Board,
nearly one in five physicians suffers substance abuse during their careers. Doctors are
one of the few public safety professions not subject to drug testing.
2. Require that doctors use the existing state database that can flag instances of"doctor
shopping" by prescription drug abusers.
3. Boost the MICRA limit on noneconomic damages to account for 38 years of inflation
while maintaining the fee cap for attorneys who represent victims of medical negligence.
We fundamentally reject the contention that the initiative's narrow and focused MICRA
provisions would in any way weaken this 38-year-old law. In fact, by bringing the cap
into aligmnent with nearly four decades of inflation and indexing it with a COLA going
forward, we believe the law is being made far more relevant to present day economic
conditions and will be armored to withstand economic changes—and attempts to
undermine it in the courts—in the years to come.
When MICRA was approved in 1975, thought was given to indexing the cap on
noneconomic damages to inflation, but ultimately that proposal was jettisoned by the
Legislature. Recently, the act's author, former state Sen. Barry Keene, stated that he
believed the absence of a COLA was a mistake of the past that needed to be corrected in
1
the present day. Attempts to convince lawmakers in Sacramento to adjust the cap for
inflation have failed to gain traction, principally because the medical industrial complex
of hospitals, insurance firms and physicians holds great sway with our elected leaders.
Facing that roadblock, we decided to turn to the voters with this initiative.
MICRA's unbending $250,000 cap on noneconomic damages (commonly referred to as
pain and suffering damages) is a roadblock to justice for medical negligence victims
who are children, homemakers, the elderly and impoverished. Even in cases involving
the most egregious medical malpractice, the value of their lives are reduced by MICRA.
Can you honestly say the life of a child is worth $250,000?
As drafted, the Troy and Alana Pack Patient Safety Act is extremely popular with voters,
garnering 73% support in a recent opinion poll we commissioned. Furthermore, the
proposed resolution before the Huntington Beach City Council seeks to preempt a
potential ballot initiative. We have only recently begun the signature gathering process.
It has yet to qualify for the November 2014 ballot. Our coalition of patient safety
advocates asks: Why the rush to judgment before you get the facts?
The reality in California and the U.S. is that medical negligence has reached epidemic
proportions. A recent study in the Journal of Patient Safety concluded that as many as
440,000 people die each year at the hands of the health care system. That's like a 747
airliner crashing every 10 hours. Yet, unlike airline crashes, medical negligence deaths
don't capture headlines and few public steps have been taken to stem the tide.
What's more,the California Medical Board's own estimate is that almost one-in-five
doctors (18%) suffer from drug and alcohol abuse at some point during their careers—
and leading medical experts have called for random testing to curb substance abuse by
doctors and ensure patient safety.
Finally, the misinformation perpetuated by opponents of the Troy and Alana Pack
Patient Safety Act has no basis in fact and is supported by no empirical evidence.
It is a myth that health care costs would rise by $9.5 billion a year if the MICRA cap
doubled to $500,000. Look closely at this claim by the misleadingly-named Californians
Allied for Patient Protection, or CAPP (a group whose board is made up entirely of
representatives of the medical and insurance industries). The fact is that total estimated
payments to Californians harmed by medical malpractice in 2012, including an estimate
of future claims resulting from incidents that occurred during that year, is $195 million.
Hypothetically, if that number doubled after the MICRA cap doubled, would the
bottom-line-obsessed medical and insurance industries really spend $9.5 billion to save
less than $0.2 billion?
We take great exception with claims that adjusting the MICRA cap for inflation would
lead to potential costs to local government. The claim that raising the MICRA cap could
result in up to $9.5 billion a year in additional health care costs in California is built on a
faulty assumption. The basis for the claim is a study attempting to quantify the amount
of"defensive medicine" on elderly patients with serious heart conditions more than 20
years ago and then apply that to patients of all ages and conditions. The authors of that
study later backed away from their conclusions and pointed to the use of managed care,
which is especially prevalent in California, to prevent such so-called "defensive
medicine." Both the Congressional Budget Office and Government Accountability
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Office determined the study of elderly heart patients could not be applied to the general
population. The $9.5 billion figure is also based on faulty numbers for the health care
spending that would be affected, including such items as medical research and medical
facilities construction. Calculations also used erroneous and outdated figures for the
amount spent on medical malpractice insurance in California as well as unsupportable
assumptions about the rate increases the state insurance commissioner would approve.
Moreover, it is a myth that increasing the MICRA cap would cause malpractice
insurance rates to skyrocket. The fact is that malpractice rates in California are regulated
by the state Insurance Commissioner, and insurers will have a hard time making the case
for significant rate increases when they are sitting on a treasure trove of surplus cash.
California's malpractice insurers have paid out in claims roughly 30% of the premiums
they have collected in each of the last nine years (including projections for claims that
have yet to be made). For that matter, research has been unable to find any relationship
between damage caps and malpractice premiums. If doctors are concerned about their
malpractice rates they should be asking their insurers to justify why they aren't lowering
rates instead of racking up record profits.
It is a myth that any increase in malpractice premiums would deal a severe blow to
community clinics that serve the poor and reduce access to health care for those who
need it most. The fact is that the Federal Tort Claims Act provides nearly blanket
protection to the many community clinics that receive federal funding and are Federally
Qualified Medical Centers. These clinics do not pay anything for malpractice coverage.
Changes in malpractice rates do not affect what these clinics pay for coverage— since
they pay nothing— and thus do not affect their ability to provide care. Here is a white
paper fully explaining the situation.
It is a myth that doctors would flee California if the MICRA cap were increased or
eliminated to go to states with more lax patient protections and lower caps. If it were
true that doctors flock to states with low caps, then why does California—with its
lowest-in-the-nation cap—have fewer doctors per capita than New York, Pennsylvania,
New Jersey, Connecticut, Oregon and Washington (among others)—states with NO caps
on damages? For that matter, why are there more doctors per capita in states WITHOUT
caps than there are in states like California with caps? In a survey of doctors, they rank
the price of malpractice premiums as much less important than factors like weather and
an enjoyable living environment in deciding where to work.
It is a myth that attorneys file endless "frivolous" suits as shakedowns to receive
settlements from doctors. The fact is that anyone who believes this has never filed a
malpractice suit. On the contrary, malpractice insurers fight every claim to discourage
lawyers from thinking they can make "easy money" by filing a claim and winning a
quick settlement. It's true that some malpractice cases are settled without going to trial,
but only once the insurance company and other defendants are convinced it would be
likely to lose the case in court. In addition,the cost of waging a medical negligence
lawsuit combines with the contingency fee system of law to act as a barrier to the filing
of unmeritorious cases. In contingency fee law, attorneys are paid only if they win—so
they take only those cases that are the most meritorious. Anecdotal evidence provided by
plaintiffs' lawyers in California who handle medical negligence cases indicates that only
about one of ever y 50 victims are able to secure the services of an attorney. The costs of
a medical negligence suit can run as high as $100,000—and those costs are borne by the
patient's attorney until a case is decided. Under the contingency fee system, lawyers face
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the prospect of absorbing those costs if they don't having a meritorious case that can win
at trial.
It is a myth that lawyers would wind up getting most of the money if the MICRA cap
was increased. The fact is that fees for plaintiffs' lawyers are capped under MICRA, and
there is no movement to change that. Under MICRA, plaintiffs' lawyers can receive no
more than 20% of the portion of any damage award between$200,000 and $600,000,
and no more than 15% of the portion of any award in excess of$600,000.
Our foes have argued that the cap on noneconomic damages is no big deal, since
MICRA does not cap economic damages such as medical expenses for future care and
lost income. The fact is that the cap on non-economic damages values the life of a child
at no more than $250,000. If a child dies due to medical negligence, there are no
ongoing medical expenses and it is not possible to claim lost income. Likewise, the lives
of others who are not wage earners—elderly retirees, stay-at-home parents, disabled
people unable to work—are also valued at no more than $250,000 under MICRA.
Furthermore, there is more to the cost of medical negligence than just medical bills and
lost wages. How much would your arms and legs be worth to you, if you lost your limbs
due to medical negligence? How much would your eyesight be worth to you, if you lost
your vision as the result of medical negligence? How much would your ability to have a
child be worth to you, if you were rendered sterile by medical negligence?Under
MICRA, the value of such things has been arbitrarily determined by politicians, not by a
citizen jury that has heard all the evidence presented by both sides.
At a time when we face a crisis in patient safety, it is telling that it is the medical
industrial complex—the insurance companies, their lobbyists, the hospitals and even
some doctors that profit from the current system— standing in opposition to the Troy and
Alana Pack Patient Safety Act. We implore you not to rush to judgment. We urge you
consider all the evidence, to undertake an earnest examination of all the facts and engage
in the deliberative process for which you have been charged. We welcome an honest and
thoughtful dialogue. We also encourage you to talk with the victims of MICRA. We can
make them available to you at your earliest convenience, and believe their voices have
too often been absent from this debate.
After all, if a 747 full of passengers were falling from the sky every 10 hours, would we
be waging a debate over dollars and cents?No. We would be making changes,
preventing further harm from befalling innocent victims. We would be doing the right
thing for individuals and society. That is what we seek in taking a stand for patient
safety and promoting the critical reforms proposed in the Troy and Alana Pack Patient
Safety Act.
We hope you will join us in supporting that mission.
Respectfully,
Paul Woods
Grassroots Manager
Consumer Attorneys of California
770 L Street, Suite 1200
Sacramento, CA 95814
(916) 442-6902, Ext. 121
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