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MICRA Compromise and What It Means to You

A compromise was reached last week between the Californians Allied for Patient Protection (CAPP) and the plaintiff’s attorneys. The two sides of the ballot measure campaign have committed to putting patients first, to prioritizing the stability of affordable access to health care, and to set aside differences to do what’s right for all Californians.

The element likely to garner the most interest surrounds changes to the limit on non-economic damages in medical malpractice cases, which is currently at $250k. As opposed to the ballot measure, which would have effectively eliminated the cap on non-economic damages entirely, under the new agreement:

  • Cases not involving a patient death will have a limit of $350k on the effective date of January 1, 2023, with an incremental increase over the next 10 years to $750k and a 2.0% annual inflationary adjustment thereafter.

  • Cases involving a patient death will have a limit of $500k on the effective date of January 1, 2023, with an incremental increase over the next 10 years to $1 million and a 2.0% annual inflationary adjustment thereafter.

So, how does this deal impact physician premiums both short term and over time? We’ve invited CMA CEO Dustin Corcoran to be our guest this Thursday, May 5th at 6:00 PM to share the latest and more importantly, hear from our members relative to their concerns. To register click here.

Also, I would like to hear your opinions about the compromise and the ensuing Assembly Bill 35 which will modernize MICRA. Do you support the bill? Or, would you rather have seen a fight at the ballot box?

We will continue to have more conversations with experts and our members, to ensure your voice is heard as this process continues.

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