HomeMy WebLinkAboutMINUTES - 09101996 - D8 5 L �
TO: BOARD OF SUPERVISORS Contra
FROM: SUPERVISOR JIM ROGERS
Costa
County
DATE: September 5, 1996
SUBJECT: SUPPORT FOR PROPOSITION 214 ON THE NOVEMBER 5, 1996 BALLOT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
CONSIDER adopting the attached Resolution which establishes a position in support
of Proposition 214, an initiative statute on the November 5, 1996 ballot, titled the
"Health Care Patient Protection Act of 1996", which would provide additional
regulations on the health care industry in an effort to protect patients from actions by
HMO's and health care insurers which inappropriately limit access to needed health
care.
BACKGROUND:
Proposition 214, a ballot initiative endorsed by Californians for Patient Rights, which
is a coalition of consumers, doctors, nurses, health care workers, labor and unions,
is described as the HMO Patient Rights Act. The advocates point out that its
protections are crucial for consumers who rely on their physicians and insurance
companies for ethical and safe health care. Attached is a letter from Californians for
Patient Rights noting the groups who support the initiative and the reasons they
support the measure.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES C �
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER X
IT IS BY THE BOARD ORDERED that consideration of adopting a position in support of
Propositions 214 and 216, providing additional regulations on the health care industry for the protection of
patients from actions by HMO's and health care insurers limiting access to health is CONTINUED to
September 24, 1996; and the Board DIRECTED that the Propositions are REFERRED to the County
Administrator and the Health Services Department for review and report to the Board.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X_UNANIMOUS(ABSENT - - - - - ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED September 10, 1996
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Z Health Services Director SUPERVISORS A COUNTY ADMINISTRATOR
B DEPUTY
The Attorney General's summary of Proposition 214 notes that the measure does the
following:
• Prohibits health care businesses from: discouraging health care professionals
from informing patients or advocating for treatment; offering incentives for
withholding care; refusing services recommended by licensed caregivers
without examination by the business's own professional.
• Requires health care businesses to: make tax returns and other financial
information public; disclose certain financial information to consumers
including administrative costs; establish criteria for authorizing or denying
payment for care; provide for minimum safe and adequate staffing of health
care facilities.
• Authorizes public/private enforcement actions. Provides penalties for
repeated violations. Defines "health insurer."
Attached is the analysis of Proposition 214 prepared by the Legislative Analyst
which appears in the State Ballot Pamphlet.
The argument in favor of Proposition 214 is signed by the Chair, State Legislative
Committee of the American Association of Retired Persons (AARP); the Executive
Director of Children Now; and the Issues Coordinator of the National Multiple
Sclerosis Society, California Chapters.
The rebuttal to the argument in favor of Proposition 214 is signed by the Legislative
Director of the Seniors Coalition; a nurse at Children's Hospital in Los Angeles; and
the President of the California Chamber of Commerce.
The argument against Proposition 214 is signed by a nurse for Daughter of Charity;
a physician in Arcadia, California; and the President of the California Chamber of
Commerce.
The rebuttal to the argument against Proposition 214 is signed by the President of
the Orange County Chapter of the Susan G. Komen Breast Cancer Foundation; the
President of the Alzheimers Association, California Council; and the Vice President
of Cure Autism Now.
These arguments are attached for the Board's information, along with the full text of
the Proposition itself.
Proposition 214 will prevent HMO's from implementing or continuing some of the
more extreme measures that interfere with the doctor - patient relationship and
reduce the quality of health care, solely for the purpose of making money for the
HMO. I am, therefore, recommending that the Board of Supervisors adopt a position
in support of Proposition 214 by approving the attached Resolution.
-2-
THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, CALIFORNIA
IN THE MATTER OF:
Supporting Proposition 214 )
on the November 5, 1996 ballot ) RESOLUTION NO. 96/
WHEREAS, health care is an important issue to the residents of the County of
Contra Costa; and
WHEREAS, many Contra Costa residents are enrolled in Health Maintenance
Organizations or HMO's; and
WHEREAS, HMO's should not be allowed to force "gag rules" on doctors and
nurses, or to enforce unwritten "gag policies" by firing them without cause; and
WHEREAS, HMO's should not be allowed to deny doctor-recommended treatments
without a second opinion, or to offer financial bonuses to doctors and nurses to deny
or delay needed care; and
WHEREAS, HMO's should be required to publicly disclose profits, administrative
expenses and salaries; and
WHEREAS, Proposition 214, the HMO Patient Rights Initiative, is a simple, effective
way to ensure that medical decisions are made by patients and their doctors - not
by HMO bureaucrats;
NOW, THEREFORE, be it by the Board of Supervisors of the County of Contra
Costa
RESOLVED, that the Board of Supervisors endorses the HMO Patient Rights
Initiative, Proposition 214.
PASSED and ADOPTED by the unanimous vote of the Board on the tenth day of
September 1996.
1 hereby certify that the foregoing is a true and correct copy of a resolution entered
on the minutes of the Board of Supervisors on the date aforesaid.
Witness my hand and the seal of the Board of
Supervisors affixed this tenth day of September
1996.
Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator
By
Deputy Clerk