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MICRA Update: Crunch time in the Capitol



A little more than three weeks remain in the 2013 legislative session, which means both sides in the growing fight over California’s Medical Injury Compensation Reform Act (MICRA) are working hard to woo members of the state Assembly and Senate over to their side of the issue.

In the days following the Legislature’s return from its summer recess, the California Medical Association (CMA) and other members of the Californians Allied for Patient Protection began blanketing legislative offices with letters of support for the historic patient and provider protections built into MICRA. So far, representatives from public safety groups, labor organizations, local governments and provider organizations have echoed the same message to California lawmakers:

MICRA is a proven success. It benefits California patients and providers and must be protected by our elected officials.

MICRA supporters will continue their aggressive advocacy in the coming weeks, working to ensure that members of the Legislature are not mislead by deceitful trial attorneys hoping to increase their own bottom line.

Of course, MICRA opponents are also working to win hearts and minds in Sacramento.

Last week, the trial-attorney-backed Consumer Watchdog, the same faux-grassroots organization behind the proposed ballot initiative to scuttle MICRA, hosted a briefing for legislative staffers entitled “38 years later: MICRA and its Casualties - A Case for Change.”

During the briefing, representatives from Consumer Watchdog continued to co-opt the stories of victims of medical negligence in an effort to raise MICRA’s cap on non-economic damages. The briefing was blatant attempt to try and win support for a potential legislative amendment to MICRA, one which would need to take place via an eleventh-hour, gut-and-amend type strategy.

California’s trial attorneys attempted a similar, yet much more narrowly focused, maneuver last legislative session, only to have their bill fail with a remarkably low number of votes. While it remains unlikely that they risk the embarrassment of a similar failure this session, we won’t know for sure until the Legislature gavels out on September 13.

CMA will keep members up-to-date on developments.

In the meantime, MICRA’s most ardent supporters continue to prepare for an all-out-defense of the law. In the month of August alone, groups such as the California Hospital Association, the Doctor’s Company, the California Dental Association, the Medical Insurance Exchange of California, NORCAL Mutual Insurance Company and the Cooperative of American Physicians have all put up multi-million dollar figures to defeat the trial attorney’s proposed ballot initiative.

These donations, along with those made by CMA and other supporters have raised the total sum for the committee dedicated to MICRA’s defense to more than $28 million.

These figures may seem larger than life, but defeating a well-funded initiative campaign is no small task. Every dollar raised in MICRA’s support will be used to ensure that California’s patients have access to quality care and that your practice’s future is not compromised by the greed of the state’s trial attorneys.

CLICK HERE to defend your ability to practice in California.

For more information on MICRA and how you can help, visit www.cmanet.org/micra.



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