An update from CMS on efforts to preserve medical liability caps
As you know, medical liability caps play a crucial role in maintaining a balance that ensures fair compensation for patients while protecting health care providers from excessive financial burdens. In the last few years, we’ve seen an increasing trend across the country to raise or eliminate non-economic damage (NED) caps, which are defined as subjective, non-quantifiable losses such as reduced quality of life, pain, and emotional trauma. These efforts have included ballot fights and legislative compromises in states like California, Iowa and Nevada. Colorado’s Health Care Availability Act (HCAA) – the long-held, bipartisan statutory structure governing medical liability – has been named as the latest target of these efforts. We’ve been made aware of an effort to eliminate Colorado’s long-held caps on non-economic damages, including those that apply in medical liability cases, by placing one or more measures on the statewide ballot in November 2024.
We recognize the significance of this issue to our members and the medical community at-large; therefore, we are committed to keeping you updated as we learn more and as this situation progresses in 2024. Please stay tuned in to our newsletters for future updates and look for any Code Blue calls to action when your voice is needed on this issue.