The California Society of Pathologists is a member of Californians Allied for Patient Protection (CAPP), the coalition created to protect access to health care through California’s Medical Injury Compensation Reform Act (MICRA). MICRA ensures injured patients receive compensation while preserving access to health care by keeping health care providers in practice and hospitals and clinic open. Without MICRA’s protections, many of California’s neediest populations could face reduced access to much-needed services.

With more than 1,000 supporting organizations representing physicians, dentists, nurses, pharmacists, physician assistants, hospitals, community clinics, medical groups, emergency providers, local governments, women’s health advocates and other health care professionals, the CAPP coalition reaches every corner of the state. Its sole purpose is to protect access to health care through MICRA. The size and strength of the CAPP coalition speaks to just how important MICRA is to the state of health care in California.

Dangerous Initiative Puts Access to Healthcare at Risk

While MICRA has been successful in helping to stabilize costs and allow providers to stay in practice, a wealthy out-of-state trial lawyer is leading the charge to dismantle MICRA protections through the so-called “Fairness for Injured Patients Act” (FIPA). This ballot initiative has already qualified and will go before voters in November 2022. According to California’s nonpartisan Legislative Analyst’s Office, this misguided initiative will drive up health care costs for all Californians by tens of millions “to high hundreds of millions of dollars annually.” The measure will reduce access for those who need it most, including those who rely on Medi-Cal, county programs, safety net providers and school-based health centers. This misguided initiative would:

1. Eliminate the Cap on Non-Economic Damages. The initiative creates an entirely new form of injury with no limit on non-economic damages called “catastrophic injury.” This new category would apply in virtually every medical malpractice lawsuit and would have a devastating effect on our health care delivery system.
2. Reward lawyers before patients. Current law allows for patients to be paid for future damages over time as their treatment and recovery continues. This new measure would instead require all damages to be paid in a large lump sum at once. This initiative increases the likelihood that patients could run out of money before their recovery is complete. And, lump sum payments allow trial attorneys to collect more in upfront fees.
3. Result in more, not less frivolous lawsuits. Unlike other judicial transparency laws in California, this measure would expressly prohibit judges from independently verifying the truthfulness of statements made by trial attorneys in certain court filings, which means trial lawyers can say anything without proof.

This is not the first ballot measure that attempts to alter MICRA, but it is by far the most damaging. As you may remember, the California Society of Pathologists was part of the coalition that helped defeat a 2014 challenge to MICRA. Proposition 46 would have quadrupled MICRA’s cap on non-economic damages, but it was definitively rejected thanks to the work of CAPP’s broad-based coalition. The outcome of Proposition 46 demonstrated the power of a strong coalition, and this time around it will be even more important.

We are a proud member of the campaign to oppose FIPA because we want to ensure that patients have access to affordable health care. As crafted, this initiative does nothing to protect patients, but would result in huge windfalls for trial attorneys.

With 2022 fast approaching we will likely hear more about FIPA in the coming months and will keep you apprised as we work to defeat this harmful measure. Together, the California Society of Pathologists, along with CAPP and hundreds of other health care organizations can ensure continued access to health care for millions of Californians. For more information about the campaign and to stay up to date with current events and news about this initiative, please visit protectmicra.org.

Sincerely,

Kristie White, MD

President

Nominating Committee Report

The Nominating Committee of the California Society of Pathologists nominates the following members to serve as Officers and Directors of the Board for 2022-2023. The election will take place at the Annual Business Meeting, Friday, December 3, 2021.