Voters nix California healthcare initiatives, approve measures in other states
Skip to main content
MDHC_Logotype_white
Subscribe
  • My Account
  • Login
  • Subscribe
  • News
    • This Week's News
    • COVID-19
    • Providers
    • Insurance
    • Government
    • Finance
    • Technology
    • Safety & Quality
    • People
    • Regional News
    • Digital Edition
    • Cigna's MDLive acquisition could foster virtual-first plan development, analysts say
      As COVID surged, vaccines came too late for at least 400 medical workers
      Why AstraZeneca and J&J's vaccines, in use elsewhere, are still on hold in America
      Lawmakers probe if Cuomo's policy fueled nursing home deaths
    • As COVID surged, vaccines came too late for at least 400 medical workers
      Why AstraZeneca and J&J's vaccines, in use elsewhere, are still on hold in America
      Lawmakers probe if Cuomo's policy fueled nursing home deaths
      0928p1_nysna Rally 2_Dave Sanders_i.jpg
      New York State Nurses Association report finds over 26,000 nurse understaffing complaints filed in 2019 and 2020
    • Dr. Imran Andrabi
      Q&A: ThedaCare CEO says lessons from COVID-19 will inform new approaches to population health management
      The Check Up: Dr. Imran Andrabi
      The Check Up: Dr. Imran Andrabi of ThedaCare
      Hospitals confront water shortages in winter storm aftermath
      beaumont-hospital-royal-oak_i_i_i.jpg
      Beaumont says nearly 2,000 second-shot vaccinations canceled due to vaccine shortage
    • High MLRs inspire insurers to focus on quality improvements
      Blue Cross and Blue Shield of Oklahoma, OU Health Physicians mired in contract dispute
      Beyond the Byline: Insurers are betting on virtual-first plans as COVID-19 shifts care pathways
      Beyond the Byline: Insurers are betting on virtual-first plans as COVID-19 shifts care pathways - Transcript
    • Why AstraZeneca and J&J's vaccines, in use elsewhere, are still on hold in America
      Lawmakers probe if Cuomo's policy fueled nursing home deaths
      Questions arise about public disclosure of wasted vaccines
      Becerra confirmation starting to look more likely
    • Genomics firms taking advantage of SPACs trend to go public faster
      COVID-19 could dent hospital revenue by at least $53 billion in 2021, AHA says
      deloitte GDP image chart graph going up
      Sponsored Content Provided By Deloitte
      Breaking the cost curve
      By the Numbers: Largest taxable not-for-profit bond issuances, 2021
    • Teladoc reports $383.3M in fourth-quarter revenue, up 145%
      man and woman looking at ipad wearing face masks stock image
      Sponsored Content Provided By Surescripts
      Improvements to benefits data can enhance ePrescribing and the patient experience
      Oscar Health's $1B IPO sets the stage for more health tech exits in 2021
      A map of the U.S. with images of the coronavirus.
      The digital divide becomes a new social determinant of health
    • Why AstraZeneca and J&J's vaccines, in use elsewhere, are still on hold in America
      COVID vaccine websites violate disability laws, create inequity for the blind
      Walgreens to sell Labcorp COVID-19 PCR home collection kits over-the-counter
      angela karpf headshot
      Sponsored Content Provided By B. Braun
      Making patient safety a policy priority
    • Michael Jordan, Novant team up to address health equity
      Former Ascension CEO, the first to lead the health system, passes away
      Biden's pick to head CMS would be first Black woman to hold post
      RAKESH SURI MD_i.jpg
      Cleveland Clinic creates president of international operations position
    • Midwest
    • Northeast
    • South
    • West
  • Insights
    • ACA 10 Years After
    • Best Practices
    • Special Reports
    • Innovations
    • The Affordable Care Act after 10 years
    • Dr. John Fischer
      Patient-reported outcomes tool for hernia surgery helps physicians improve care
      New care model helps primary-care practices treat obesity
      doctor with patient
      COVID-19 treatment protocol developed in the field helps patients recover
      Rachel Wyatt
      Project to curb pressure injuries in hospitals shows promise
    • What's next for on-demand telehealth companies?
      A CalOptima PACE vaccination clinic.
      Will COVID-19 be the catalyst for creating a more sustainable healthcare system?
      A map of the U.S. with images of the coronavirus.
      The digital divide becomes a new social determinant of health
      Ascension’s St. Mary’s Hospital Surgery Center at Towne Centre and Allegheny Health Network’s Bethel Park surgery center
      Hospitals see opportunity, risk in ambulatory surgery centers
    • Dr. Daniel Hall
      UPMC pilots machine learning, telehealth to inform patient transfers
      A woman being recorded using her inhaler on a smartphone.
      Digital check-ins, connected inhalers help control asthma
      A phone screen showing the question, "Mary we hope this information was helpful and we'd like to keep guiding you. Are you interested in knowing when it's your turn to receive the vaccine?"
      Chatbots, texting campaigns help manage influx of COVID vax questions
      A woman with a wearable sensor talking to her provider.
      Wearable sensors help diagnose heart rhythm problems in West Virginia
  • Transformation
    • Patients
    • Operations
    • Care Delivery
    • Payment
    • What's next for on-demand telehealth companies?
      Rising prescription copays drop adherence, spike mortality, research shows
      Dr. John Fischer
      Patient-reported outcomes tool for hernia surgery helps physicians improve care
      Highmark Health inks six-year cloud, tech deal with Google
    • Hospitals' Medicare billing practices suggest upcoding, OIG says
      California hospitals prepare ethical protocol to prioritize lifesaving care
      Amazon, JPMorgan Chase, Berkshire Hathaway disband Haven
      Digital pathways poised to reshape healthcare continuum in 2021
    • Dr. Daniel Hall
      UPMC pilots machine learning, telehealth to inform patient transfers
      A woman being recorded using her inhaler on a smartphone.
      Digital check-ins, connected inhalers help control asthma
      Humana partners with in-home provider for 24/7 care
      A phone screen showing the question, "Mary we hope this information was helpful and we'd like to keep guiding you. Are you interested in knowing when it's your turn to receive the vaccine?"
      Chatbots, texting campaigns help manage influx of COVID vax questions
    • Coordinated payment policies could speed transition to value, experts say
      CMMI's geographic direct contracting model needs an overhaul, experts say
      Hospitals fight UnitedHealthcare policies over lab test, specialty drug payments
      Cigna eliminates prior authorization for coronary CT scans
  • Data/Lists
    • Rankings/Lists
    • Interactive Databases
    • Data Points
    • Health Systems Financials
      Executive Compensation
      Physician Compensation
  • Op-Ed
    • Bold Moves
    • Breaking Bias
    • Commentaries
    • Letters
    • Vital Signs Blog
    • From the Editor
    • Dr. Alan Kaplan
      The risks, rewards of taking organizations 'where they haven’t gone before'
      Wellstar CEO calls adapting for the pandemic her bold move
      Howard P. Kern
      Recognizing the value of telehealth in its infancy
      Dr. Stephen Markovich
      A bold move helped take him from family doctor to OhioHealth CEO
    • Dr. Stephen Markovich
      Making sure we're aligned along the path to achieving inclusion
      Barry Ostrowsky
      Ending racism is a journey taken together; the starting point must be now
      Laura Lee Hall and Gary Puckrein
      Increased flu vaccination has never been more important for communities of color
      John Daniels Jr.
      Health equity: Making the journey from buzzword to reality
    • In-person visitation must be part of the national COVID-19 response
      We've lost so much to the pandemic, but we've also made gains that will endure
      Medical groups key to meeting president's vaccine pledge
      We need a better social care referral loop, but it requires technology as well as the human touch
    • Letters: Eliminating bias in healthcare needs to be ‘deliberate and organic’
      Letters: Maybe dropping out of ACOs is a good thing for patients
      Letters: White House and Congress share blame for lack of national COVID strategy
      Letters: VA making strides to improve state veterans home inspections
    • Sponsored Content Provided By Optum
      How blockchain could ease frustration with the payment process
      Sponsored Content Provided By Optum
      Three steps to better data-sharing for payer and provider CIOs
      Sponsored Content Provided By Optum
      Reduce total cost of care: 6 reasons why providers and payers should tackle the challenge together
      Sponsored Content Provided By Optum
      Why CIOs went from back-office operators to mission-critical innovators
  • Awards
    • Award Programs
    • Nominate
    • Previous Award Programs
    • Other Award Programs
    • Best Places to Work in Healthcare Logo for Navigation
      Nominations Open - Best Places to Work in Healthcare
      Nominations Open - 50 Most Influential Clinical Executives
    • 100 Most Influential People
    • 50 Most Influential Clinical Executives
    • Best Places to Work in Healthcare
    • Health Care Hall of Fame
    • Healthcare Marketing Impact Awards
    • Top 25 Emerging Leaders
    • Top 25 Innovators
    • Minorities in Healthcare
      • - Luminaries
      • - Top 25 Minority Leaders
      • - Minorities to Watch
    • Women in Healthcare
      • - Luminaries
      • - Top 25 Women Leaders
      • - Women to Watch
    • Excellence in Nursing Awards
    • Design Awards
    • Top 25 COOs in Healthcare
    • 100 Top Hospitals
    • ACHE Awards
  • Events
    • Conferences
    • Galas
    • Webinars
    • COVID-19 Event Tracker
    • podium march webinar logo lockup
      Sponsored Content Provided By Podium
      Webinar: Critical Touchpoints for Every Patient’s Journey — How Technology Plays an Important Role
      scp health logo lockup march 2021
      Sponsored Content Provided By SCP Health
      Webinar: COVID’s call to action — Reset for success in 2021
    • Women Leaders in Healthcare Conference
    • Social Determinants of Health Symposium
    • Healthcare Transformation Summit
    • Leadership Symposium
    • Virtual Briefings
      • - Hospital of the Future
      • - Mental Health
      • - Patient Safety & Quality
      • - Strategic Marketing
      • - Virtual Health
      • - Workplace of the Future
    • Best Places to Work Awards Gala
    • Health Care Hall of Fame Gala
    • Top 25 Minority Leaders Gala
    • Top 25 Women Leaders Gala
  • Listen
    • Podcast - Next Up
    • Podcast - Beyond the Byline
    • Sponsored Podcast - Healthcare Insider
    • Video Series - The Check Up
    • Sponsored Video Series - One on One
    • Next Up Podcast: Educating patients on the COVID-19 vaccine with Tanya Andreadis
      Dr. Joseph Cacchione
      Next Up Podcast: Educating patients on the COVID-19 vaccine with Dr. Joseph Cacchione
      Dr. Karen DeSalvo
      Next Up Podcast: What to expect with telehealth and healthcare technology in the next four years
      Carter Dredge
      Next Up Podcast: Ready, set, innovate! Innovation and disruption in healthcare
    • Beyond the Byline: Insurers are betting on virtual-first plans as COVID-19 shifts care pathways
      Beyond the Byline: How residents' stories shape our coverage of the vaccination rollout in nursing homes
      Beyond the Byline: Regulators aim to boost value push with fraud and abuse law updates
      An older man wearing a mask receiving a vaccine.
      Beyond the Byline: Verifying information on the chaotic COVID-19 vaccine rollout
    • Outreach during COVID-19
      Leading intention promote diversity and inclusion
      Introducing Healthcare Insider Podcast
    • The Check Up: Dr. Imran Andrabi
      The Check Up: Dr. Imran Andrabi of ThedaCare
      The Check Up: Tanya Blackmon
      The Check Up: Tanya Blackmon of Novant Health
      The Check Up: Dr. Patrick Hwu
      The Check Up: Dr. Patrick Hwu of the Moffitt Cancer Center
      The Check Up: Suresh Gunasekaran
      The Check Up: Suresh Gunasekaran of the University of Iowa Hospitals & Clinics
    • ivana naeymi-rad one on one intelligent medical objects
      Video: Ivana Naeymi Rad of Intelligent Medical Objects
  • MORE +
    • Advertise
    • Media Kit
    • Newsletters
    • Jobs
    • People on the Move
    • Reprints & Licensing
MENU
Breadcrumb
  1. Home
  2. Providers
November 05, 2014 12:00 AM

Voters nix California healthcare initiatives, approve measures in other states

Adam Rubenfire
  • Tweet
  • Share
  • Share
  • Email
  • More
    Print

    Voters in a number of states decided on a variety of hotly contested state ballot initiatives Tuesday, including measures to regulate health insurance rate increases, hike medical liability damage caps, lay the foundation for new abortion restrictions, make experimental medical treatments more available to patients, and require health insurers to contract with any willing healthcare provider.

    In two of the most expensive ballot initiative campaigns in history, California voters said no to Propositions 45 and 46. Prop 45 would have given the state insurance commissioner new authority to block health insurance rate increases. Prop 46 would have raised the cap on noneconomic damages in medical malpractice cases to $1.1 million and required drug testing of doctors. Insurers and provider groups spent tens of millions to defeat the two measures.

    Abortion was the subject of several ballot measures, and the outcome was mixed. In Colorado and North Dakota, voters rejected anti-abortion initiatives. In North Dakota, opponents of Measure 1 argued that the initiative would block in-vitro fertilization and patients receiving the type of care they want at the end of life because of its broad and vague wording, which stated: “The inalienable right to life of every human being at any stage of development must be recognized and protected.” One in-vitro fertilization lab said it would close if the measure were approved.

    Meanwhile, Tennessee voters approved a measure that said nothing in their constitution “secures or protects” the right to an abortion. The measure, an effort to reinstate abortion regulations struck down by the state's Supreme Court in 2000, has no immediate effect on abortion procedures, but is expected to lay the foundation for new restrictions.

    In a measure closely watched by insurers, physicians and hospitals, South Dakotans voted to require insurers to contract with all providers willing to meet their criteria. Proponents have said legislation gives patients a wider choice of physicians and facilities and ensures they won't be penalized for seeing out-of-network providers. Insurers said it would interfere with their ability to offer cost-effective networks and keep premiums down. The measure was seen as a response to the growing use of narrow-network health plans, which have sparked controversy around the country.

    In Arizona, voters overwhelmingly approved a ballot measure allowing terminally ill patients to seek drugs or devices not yet approved for use by the Food and Drug Administration. The “right to try” measure, similar to laws passed in Colorado, Louisiana, Missouri and Michigan, would allow drug and device manufacturers whose products are still in the investigational stage to offer those therapies to terminally ill patients once those products have completed the FDA's Phase 1 clinical trials.

    The Arizona measure was praised by some patient advocacy groups, but critics said it could hurt the ability to conduct clinical trials and regulate product safety. It's not clear how willing manufacturers will be in providing their investigational products to patients.

    In California, opponents of Proposition 45, which included the California Medical Association, the California Hospital Association and the California Association of Health Plans, said it would have given a single person too much power over insurance rates. Officials of the state insurance exchange said it would interfere with their ability to negotiate reasonable rates with insurers.

    State Insurance Commissioner Dave Jones, a leading supporter of the measure, told the San Francisco Chronicle that “it turns out $57.5 million of false and negative advertising by the health insurers actually has an impact on voters, unfortunately.”

    Prop 46, in addition to upping the “pain and suffering” cap from $250,000 to $1.1 million and indexing it to inflation, would have mandated drug and alcohol testing for physicians and required that doctors check patients' names against California's database of known drug abusers before prescribing certain controlled substances.

    Robert Pack, a patient-safety advocate who authored the proposal after his children were killed by a driver impaired by prescription drugs, said the initiative was intended to protect the public from dangerous doctors.

    “What we have done is open the eyes of a lot of Californians to the issues of drug abuse and this low cap on damages for victims, and we've also raised awareness on the legislative level,” Pack said. “For public safety and for the epidemic of narcotics, the Legislature really has to look at that and find a way to work something out.”

    But opponents warned that Prop 46 was a ploy by plaintiff attorneys to boost their business, and that increasing the damage cap would drive up healthcare costs in the state.

    In North Dakota, critics of Measure 1, which some called a “personhood” amendment, said the language was too vague and could have unforeseen consequences. Robert Wood, an associate professor of public administration at the University of North Dakota, said the measure could have invalidated patients' advance directives for their end-of-life care and affected doctors and other healthcare providers delivering care to terminally ill patients.

    Nancy Northup, CEO of the Center for Reproductive Rights, a national abortion rights advocacy group, said in a written statement that North Dakota's voters chose to avoid a permanent change that would have threatened the ability to perform an array of reproductive medicine procedures in the state.

    “North Dakota women are already subject to some of the most extreme abortion restrictions in the country, promoted by politicians hell-bent on choking off reproductive healthcare options until women have nowhere left to turn,” Northrup said.

    In the nation's only “yes” vote on an abortion-related initiative, roughly 53% of Tennessee voters approved adding a provision to the state's constitution to clarify that the document in no way “secures or protects a right to abortion or requires the funding of an abortion.” Further regulation could require a waiting period for women seeking an abortion or force abortion clinics to meet higher standards that are prescribed to ambulatory surgical centers, the Tennessean newspaper reported.

    David Fowler, president of the Family Action Council of Tennessee and a former state senator, called the yes vote a victory for “the protection of women and their unborn.”

    “Today is a great victory for the people of Tennessee, who have reclaimed from our state Supreme Court their right to have a voice on abortion policy in our state,” Fowler said in a written statement.

    In South Dakota, supporters of the measure to require health insurers to contract with all providers willing to meet their criteria said it will give patients a wider choice of physicians and facilities and ensure they won't be penalized for seeing doctors “out-of-network.”

    But Rebekah Cradduck, vice president of the South Dakota Association of Healthcare Organizations, said her organization is disappointed in the outcome. The not-for-profit hospitals that make up her group's membership fear the measure will limit hospitals' ability to guarantee volume delivery to insurers, which means insurers will have less of an incentive to offer discounts on rates. She said consumers aren't necessarily concerned about expanding their choices when it means it'll cost them more money, pointing to buying trends on the exchanges as an example.

    “When people spent their own money, they bought the narrowest networks they could buy because it was the best rate, so by virtue of their own pocketbook, people vote for narrow networks,” Cradduck said. A University of Minnesota study (PDF) found that the proposal could drive up premium costs by $3,000 to $5,000 over a decade.

    In Arizona, the yes vote on the right-to-try initiative was applauded by the Goldwater Institute, a Phoenix-based conservative research organization that was a major supporter of the proposal and has lobbied state governments across the country to pass similar measures.

    “Americans shouldn't have to ask the government for permission to try to save their own lives,” Goldwater President Darcy Olsen said in a written statement. “They should be able to work with their doctors directly to decide what potential treatments they are willing to try.”

    But opponents said the measure could create patient-safety problems and inspire other states to take similar action. Still, Henry Greely, director of the Center of Law and the Biosciences at Stanford University, said states won't be able to supersede federal law that requires FDA approval for drugs and devices.

    -Steven Ross Johnson contributed reporting.

    Follow Adam Rubenfire on Twitter: @arubenfire

    Letter
    to the
    Editor

    Send us a letter

    Have an opinion about this story? Click here to submit a Letter to the Editor, and we may publish it in print.

    Recommended for You
    The Check Up: Dr. Imran Andrabi of ThedaCare
    The Check Up: Dr. Imran Andrabi of ThedaCare
    Q&A: ThedaCare CEO says lessons from COVID-19 will inform new approaches to population health management
    Q&A: ThedaCare CEO says lessons from COVID-19 will inform new approaches to population health management
    Sponsored Content
    Get Free Newsletters

    Sign up for free enewsletters and alerts to receive breaking news and in-depth coverage of healthcare events and trends, as they happen, right to your inbox.

    Subscribe Today

    The weekly magazine, websites, research and databases provide a powerful and all-encompassing industry presence. We help you make informed business decisions and lead your organizations to success.

    Subscribe
    Connect with Us
    • LinkedIn
    • Twitter
    • Facebook
    • RSS
    • Instagram

    Stay Connected

    Join the conversation with Modern Healthcare through our social media pages

    MDHC_Logotype_white
    Contact Us

    (877) 812-1581

    Email us

     

    Resources
    • Contact Us
    • Advertise with Us
    • Ad Choices Ad Choices
    • Sitemap
    Editorial Dept
    • Submission Guidelines
    • Code of Ethics
    • Awards
    • About Us
    Legal
    • Terms and Conditions
    • Privacy Policy
    • Privacy Request
    Modern Healthcare
    Copyright © 1996-2021. Crain Communications, Inc. All Rights Reserved.
    • News
      • This Week's News
      • COVID-19
      • Providers
      • Insurance
      • Government
      • Finance
      • Technology
      • Safety & Quality
      • People
      • Regional News
        • Midwest
        • Northeast
        • South
        • West
      • Digital Edition
    • Insights
      • ACA 10 Years After
      • Best Practices
      • Special Reports
      • Innovations
    • Transformation
      • Patients
      • Operations
      • Care Delivery
      • Payment
    • Data/Lists
      • Rankings/Lists
      • Interactive Databases
      • Data Points
    • Op-Ed
      • Bold Moves
      • Breaking Bias
      • Commentaries
      • Letters
      • Vital Signs Blog
      • From the Editor
    • Awards
      • Award Programs
        • 100 Most Influential People
        • 50 Most Influential Clinical Executives
        • Best Places to Work in Healthcare
        • Health Care Hall of Fame
        • Healthcare Marketing Impact Awards
        • Top 25 Emerging Leaders
        • Top 25 Innovators
        • Minorities in Healthcare
          • - Luminaries
          • - Top 25 Minority Leaders
          • - Minorities to Watch
        • Women in Healthcare
          • - Luminaries
          • - Top 25 Women Leaders
          • - Women to Watch
      • Nominate
      • Previous Award Programs
        • Excellence in Nursing Awards
        • Design Awards
        • Top 25 COOs in Healthcare
      • Other Award Programs
        • 100 Top Hospitals
        • ACHE Awards
    • Events
      • Conferences
        • Women Leaders in Healthcare Conference
        • Social Determinants of Health Symposium
        • Healthcare Transformation Summit
        • Leadership Symposium
        • Virtual Briefings
          • - Hospital of the Future
          • - Mental Health
          • - Patient Safety & Quality
          • - Strategic Marketing
          • - Virtual Health
          • - Workplace of the Future
      • Galas
        • Best Places to Work Awards Gala
        • Health Care Hall of Fame Gala
        • Top 25 Minority Leaders Gala
        • Top 25 Women Leaders Gala
      • Webinars
      • COVID-19 Event Tracker
    • Listen
      • Podcast - Next Up
      • Podcast - Beyond the Byline
      • Sponsored Podcast - Healthcare Insider
      • Video Series - The Check Up
      • Sponsored Video Series - One on One
    • MORE +
      • Advertise
      • Media Kit
      • Newsletters
      • Jobs
      • People on the Move
      • Reprints & Licensing