Title
Approve a recommendation by the Legislative Committee, to take an oppose position on Proposition 46: Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute., also known as The Troy and Alana Pack Patient Safety Act of 2014.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors approve a recommendation by the Legislative Committee, to take an oppose position on Proposition 46: Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute., also known as The Troy and Alana Pack Patient Safety Act of 2014.
SUMMARY
On November 4, 2014, California voters will consider approval of Proposition 46, commonly referred to as The Troy and Alana Pack Patient Safety Act of 2014. If passed, the measure will enact changes to the Medical Injury Compensation Reform Act (MICRA) limit on non-economic medical malpractice awards effective January 1, 2015. This would result in significant increases in County costs due to our unique role as operators of a public hospital and clinics, providers of health care, and employers who purchase health care insurance for County employees and retirees. The Board's Legislative Committee discussed Proposition 46 at their meeting on August 25, 2014, and made a recommendation that the Board of Supervisors take an oppose position on the initiative.
DISCUSSION
Proposition 46, would enact changes to the MICRA limit on noneconomic medical malpractice awards effective January 1, 2015. Among other things, the measure would:
Raise the noneconomic damages cap for medical malpractice from $250,000 to approximately $1.1 million.
* Requires drug and alcohol testing of doctors and reporting of positive test to the California Medical Board (Board).
* Requires medical professionals to report any other doctor suspected of drug or alcohol impairment or failure to follow the appropriate standard of care to the Board.
* Requires physicians to pay for the costs of the subs...
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