A proposed California ballot initiative, previously named after alleged UnitedHealthcare CEO killer Luigi Mangione, was cleared to begin collecting petition signatures on Friday.
The proposed measure’s official name is now “Restricts insurance denials for physician-recommended medical care, increases insurers’ potential liability, initiative statute.”
The initiative would “prohibit health insurers from delaying, denying, or modifying physician-recommended medical care if doing so could seriously harm the patient and permits only licensed physicians to make coverage decisions.”
Should insurance companies delay, they would have to prove by clear and convincing evidence that the medication or procedure was unnecessary or would not result in disability, death, amputation, permanent disfigurement, or the loss or reduction of any bodily function.
Under the initiative, people could sue insurers and receive attorney fees and treble damages, which are three times the amount of actual damages determined by a jury.
If insurers face a lawsuit, they will have to prove that the services or drugs were unnecessary or that the denial, delay, or change would not result in the specified negative health outcomes, including death or disability, according to a fiscal report.
The proponent of the measure, Paul Eisner, must collect signatures of 546,651 registered voters, which is 5% of the total votes cast for governor in the November 2022 general election, for the measure to become eligible for the ballot.
Eisner has 180 days to circulate petitions for the measure, meaning the signatures must be submitted to county elections officials no later than Nov. 26.
