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Take action NOW to stop radical physician rate regulation bill

Assemblymember Ash Kalra (D-San Jose) last week announced a radical proposal that would increase patient out-of-pocket costs and result in a dangerous government intrusion into the health care market by creating state-sanctioned rationing of health care for all Californians.

Assembly Bill 3087 would establish an undemocratic, government-run commission with nine political appointees who would unilaterally set the price for all medical services that are not already controlled by the government, essentially eliminating commercial health care markets in California. None of the political appointees are required to be patient-focused or have any tangible experience in the delivery of health care to patients.

AB 3087 will be heard in the Assembly Health Committee on April 24. Physicians are urged to visit actnow.io/PriceFixing to email their legislators and ask them to stop this dangerous bill. Sample messaging is provided. If you’re active on social media, please also click on the Twitter/Facebook icons to voice your opposition on these platforms. 

We are also encouraging ALL physicians to register their opposition to this bill with Assemblymember Kalra’s office via phone. To do so, visit actnow.io/PriceFixing, click on the phone icon and enter your information when prompted. You will immediately receive a call from (408) 752-5387 that will provide guidance on what to say and patch you directly to the author of this bill.

More Ways to Take Action
CMA is also asking physicians to answer a few questions about how AB 3087 will impact their practices. The survey results will help in our legislative efforts to fight this dangerous bill.

And, if you are among California's physicians that will be forced into early retirement or out of state if AB 3087 passes, we want to tell your story. Drop us a line at communications@cmanet.org.

“No state in America has ever attempted such an unproven policy of inflexible, government-managed price caps across every health care service,” said California Medical Association (CMA) President Theodore M. Mazer. “It threatens to reverse the historic gains for health coverage and access made in California since the passage of the Affordable Care Act.”

Despite fundamentally altering how health care services are provided in California, the bill explicitly prohibits health care professionals from participating on the commission. This commission—constructed to view patient care simply as a cost center—would have the unprecedented authority to ration the timing and quality of care California patients receive by fixing the prices of the commercial health care market.

This bill does nothing to ensure that patient out-of-pocket costs are decreased and moves California away from the goal of value-based care backwards to an antiquated fee-for-service model. It would also have the consequence of dramatically reducing consumer choices. 

“AB 3087 is a poorly conceived, monumental threat to patient access to health care that goes against the Assembly’s own expert recommendations,” said Dr. Mazer. “This dangerously flawed legislation would result in government-sanctioned rationing of care and higher out-of-pocket costs for patients.”

The bill would also put additional cost pressure on the California health care delivery system by allowing lawyers and lobbyists to be reimbursed by the Commission for lobbying the Commission. This process mirrors existing intervenor fee models that have not reduced overall consumer cost—but have served as a means for special interests to, as one former State Insurance Commissioner alleged, get “fat off the public trough.” Brazenly, the bill also creates a direct funding mechanism that would financially benefit one of the bill's sponsors. 

AB 3087 also ignores the recommendations from the University of California, San Francisco’s report—commissioned by the Assembly—to achieve universal access to health care, which includes implementing a comprehensive strategy to overcome the physician workforce shortage in the state by removing barriers that prevent physicians and other clinicians from specializing in primary care and practicing in underserved areas. Currently, six of nine California regions are already facing a primary care provider shortage, and 23 of California’s 58 counties fall below the minimum required primary care physician-to-population ratio. The state needs 8,243 additional primary care physicians by 2030—a 32 percent increase.

“AB 3087 would cause an exodus of practicing physicians, which would exacerbate our physician shortage and make California unattractive to new physician recruits,” said Dr. Mazer. “The legislature should reject AB 3087, and instead, focus on real solutions that further value-based care, ensure a patient can access a physician when they need one and tackle California’s physician shortage.”

Historically, policies of inflexible and arbitrary price caps are viewed as ineffective in controlling costs and detrimental to access to health care. During federal health reform discussions, both the Obama and Clinton administrations considered price-cap proposals, but ultimately rejected them on the basis that they posed too many direct and indirect risks to the overall health care delivery system.

Visit actnow.io/PriceFixing to take action today.

Physician leaders converge on the Capitol for CMA's 42nd annual lobby day

Over 400 California Medical Association (CMA) member physicians, medical students and physician supporters gathered in Sacramento on April 13 to bring the voice of medicine to legislators. During CMA's 42nd annual Legislative Advocacy Day, physicians discussed the many threats – and opportunities – facing the practice of medicine in California.

The group also headed over to the Capitol in white coats to speak to their legislators about critical legislative issues affecting the practice of medicine in California. Among the issues discussed with legislators were: expanded training opportunities for primary care physicians in California, responsible beverage-service training to reduce drunk driving and out-of-network billing.

CMA President Steve Larson, M.D., greeted attendees, saying, “You are the heart of medicine and here to talk from your hearts to legislators. Legislators will remember your face and remember the stories you tell about how bills will affect you and your patients.”

Assembly Republican Leader Chad Mayes addressed the attendees after lunch, telling them that he understood the scope of practice issue from personal experience. “When I was 10 my mother chose to not go to a doctor, but instead sought help for the birth of my brother from an alternative practitioner. We received a call after the birth to find out she was in the hospital with a uterine infection that almost killed her,” Mayes said. “I understand there is a reason you receive such extensive training. I understand you are the ones that should be giving care to patients This is why it is so important that legislators hear your voice. If you do not lobby for your issues, someone else will lobby for something that could endanger the California (patient) population.”

With top Sacramento political consultant Jason Kinney moderating a panel of consultants for the Save Lives California Coalition, the group talked about the signature-gathering phase of the campaign. The initiative seeks to increase the state’s tobacco tax from its current $0.87 per pack – a rate that hasn’t been changed since 1998 – to $2.87 per pack. That tax will also apply to other tobacco products containing nicotine. The ballot measure will save lives and reduce teen smoking, as well as generate revenue for many of the state’s underfunded health care programs.

CMA, as a member of Save Lives California coalition, is currently collecting signatures to qualify the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 for the November ballot.

Jim DeBoo, Save Lives California campaign manager, encouraged attendees to get involved in the signature gathering process.

“Our goal is to get 150,000 signatures from volunteers like you,” said campaign manager Jim DeBoo. “In this way we get to meet voters where they are at and have them listen to the CMA membership explain what the initiative would do.” DeBoo also led the successful No on Proposition 46 campaign in 2014 that sent the trial lawyers' anti-MICRA initiative to a resounding defeat.  

In March, the state Legislature approved a package of groundbreaking tobacco control bills that would increase the legal smoking age from 18 to 21 and regulate the manufacture and sale of electronic cigarettes for the first time. Governor Jerry Brown is expected to sign the bills into law.

“These issues – smoking cessation and the lack of regulation of e-cigarettes – now have support with 60 percent of Californians,” DeBoo said. “We have a good chance to pass this initiative because of this support, the publicity surrounding the Legislature's actions and the potential for a large voter turnout for the presidential election.”


CMA's annual "lobby day" is April 22

The 40th annual California Medical Association (CMA) Legislative Leadership Conference is just around the corner! The conference will take place Tuesday, April 22, at the Sheraton Grand Hotel in Sacramento, just three blocks from the State Capitol and across the street from CMA headquarters.
 
It's not too late to rsvp! This is a unique event for California physicians and is free of charge to all CMA members. Plan to join more than 400 physicians, medical students and CMA Alliance members who will be coming to Sacramento to lobby their legislative leaders as champions for medicine and their patients.
 
For more information, see the agenda or download the full event packet.
 
Contact: Yna Shimabukuro, (916) 444-5532 or yshimabukuro@cmanet.org.

Become an official opponent of anti-MICRA ballot initiative

If you haven't already, please take a moment to sign up to be an official opponent of a possible November 2014 ballot measure being pushed by trial lawyers that would significantly weaken California's Medical Injury Compensation Reform Act (MICRA) and increase lawsuits against doctors, community clinics, health centers, hospitals and other health care providers.
 
It only takes a moment to join and add your and/or your organization's name to the official list of opponents to this greed-fueled initiative. Once you do, you also will receive regular email updates from the campaign to protect MICRA.
 
Ballot measure update
 
To date, trial lawyers and their allies have raised more than $1 million to pay for signatures to qualify the measure for the ballot. The main component of the proposed ballot measure would quadruple MICRA's $250,000 cap on non-economic damages – raising the cap to $1.1 million plus an automatic annual increase. If successful, these efforts would be devastating to California’s health care system. Raising the cap would increase lawsuits against health care providers leading to a significant increase in medical liability insurance costs. Ultimately, this measure will increase health care costs for all consumers and reduce patient access to affordable, quality health care – especially in rural and underserved communities.
 
We need your involvement!
 
Please join us in opposing the trial lawyers' ballot measure. To learn more about MICRA and what you can do to help, visit www.cmanet.org/micra.