A proposed California ballot initiative, named after alleged UnitedHealthcare CEO killer Luigi Mangione, has been recently submitted to the California Attorney General’s Office.
The initiative would make it illegal for an insurance company to “delay, deny or modify any medical procedure or medication” suggested by a licensed physician in the Golden State, which could have serious consequences such as “disability, death, amputation, permanent disfigurement, loss or reduction of any bodily function,” the document stated.
If the initiative is enacted, any decision by an insurer to delay, deny or modify can only be made by a physician on behalf of any insurer. The initiative would also make it a felony to employ someone who is not a physician to review a decision made by a physician.
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.
People could sue insurers and receive attorney fees and treble damages, which are three times the amount of actual damages determined by a jury.
The initiative is currently under review. A public comment period will be open through April 25. Californians are encouraged to provide feedback on the proposed measure during this time.
The Attorney General’s Office would ultimately craft the initiative’s title before initiative petitions are circulated to get signatures from registered voters.
More information about the proposed measure can be found here.
