SAMPLE Resolution to Oppose Proposition 46 on the
November 2014 Statewide Ballot
WHEREAS, Proposition 46 on the November 2014 California statewide ballot would
significantly increase lawsuits against doctors, clinics, hospitals and other health care
providers by quadrupling the cap on non-economic damages under the Medical Injury
Compensation Reform Act, or MICRA; and
WHEREAS, under MICRA, patients are currently entitled to unlimited compensation for all
economic damages including unlimited compensation for lost wages and unlimited
compensation for all past and future medical costs; and
WHEREAS, independent experts warn that quadrupling the cap on non-economic damages
in health care lawsuits will significantly increase health care costs, including the cost of
providing medical care and the cost of providing health benefits for special district and all
local government employees; and
WHEREAS, according to the independent, non-partisan Legislative Analyst’s Office, “state
and local governments spend tens of billions of dollars annually on health care services,”
and
WHEREAS, the Legislative Analyst warns that Proposition 46 would increase costs for state
and local governments by “several hundred million dollars annually”; and
WHEREAS, by increasing lawsuits and raising costs, Proposition 46 will could reduce
patient access to care at doctor’s offices, clinics, and hospitals, including facilities owned or
managed by healthcare districts; and
WHEREAS, Proposition 46 also contains unrelated provisions related to drug testing and a
prescription drug database that proponents have admitted are an attempt to gain voter
support; and
WHEREAS, the California Special Districts Association and other statewide associations
representing the interests of local governments in California state oppose Proposition 46;
and
WHEREAS, Proposition 46 is also opposed by hundreds of organizations representing
doctors, community health clinics, hospitals, nurses, labor unions, business and taxpayer
groups, public safety groups, and community groups.
NOW, THEREFORE, BE IT RESOLVED, that [name of entity] is officially opposed to
Proposition 46 on the November 2014 California Statewide Ballot; and
FURTHER, BE IT RESOLVED [name of entity] joins the No on Proposition 46 coalition, who
may publicly list [name of entity] as part of the coalition opposed to this costly measure.