HomeMy WebLinkAboutResolution No. 13-C77RESOLUTION NO. 13-C77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA OPPOSING
ANY BILLS OR MEASURES THAT WOULD WEAKEN THE MEDICAL INJURY
COMPENSATION REFORM ACT (MICRA), INCREASE HEALTH CARE COSTS
FOR STATE AND LOCAL GOVERNMENTS AND LIMIT PATIENT ACCESS TO
HEALTH CARE SERVICES
WHEREAS, California's Medical Injury Compensation Reform Act (MICRA) ensures injured
patients receive fair compensation while also limiting frivolous and meritless lawsuits that increase costs for
consumers, local governments and others;
WHEREAS, the California Supreme Court upheld the MICRA law's constitutionality after many
years of lawsuits by the trial lawyers, and
WHEREAS, under MICRA, patients are awarded all economic damages, such as all past and future
lost wages and all past and future medical bills, and unlimited punitive damages. MICRA also allows
patients to recover up to $250,000 in non -economic damages. This reasonable $250,000 cap on non-
economic damages allows legitimate medical liability cases to move forward, but provides a disincentive for
lawyers to pursue meritless claims which waste health care dollars and drive up health care costs
unnecessarily, and
WHEREAS, trial lawyers and their allies are proposing quadrupling MICRA's non -economic
damages cap to $1.1 million which will make it easier and more lucrative for lawyers to file meritless
lawsuits against all health care providers, including state and local governments, and
WHEREAS, state and local governments, including schools, cities, counties and special districts
would all be negatively impacted by increasing MICRA's cap because of increased costs to provide health
and dental benefits for current and retired employees, and increased costs for local governments that operate
clinics, hospitals and other health services and provide health care for Californians through Medi -Cal and
other state-sponsored programs, and
WHEREAS, the state and local government costs associated with higher medical malpractice costs
can amount to over one hundred million dollars annually, according to the Legislative Analyst's Office
analysis of the trial lawyers' ballot measure, and
WHEREAS, the potential increase in state and local government healthcare costs could reach
hundreds of millions of dollars annually, according to the Legislative Analyst's Office, and
WHEREAS, in addition to the cost impacts on state and local government budgets, this change to
MICRA will also increase health care costs for everyone in California, and reduce or eliminate access to
health care services for many California residents, and
WHEREAS, by joining Californians Allied for Patient Protection, the City of Azusa would be
joining other MICRA supporters including the California State Association of Counties, California Special
Districts Association, California Association of Public Hospitals and Health Systems, and more than nearly
1,000 other organizations representing doctors, hospitals, nurses, community clinics, local governments,
business and taxpayer groups, labor unions, EMTs, public safety, others, and
WHEREAS, MICRA is a critical component of California's healthcare infrastructure and must be
protected.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES I-IEIZE13Y
RESOLVE AS FOLLOWS:
1. That the City of Azusa would like to become an official, non dues paying member of Californians
Allied for Patient Protection, a coalition which is dedicated to supporting MICRA; and
2. That the City of Azusa opposes attempts to increase MICRA's cap on non -economic damages
through the legislature or at the ballot as these changes would increase health care costs and reduce
patient access to care.
PASSED, APPROVED and ADOPTED this 7'h day of October, 2013.
Byty
oseph Romero Rocha, Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of
Azusa at a regular meeting held on the 7`h day of October, 2013, by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS