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A new initiative named after the alleged UnitedHealthcare CEO’s assailant, Luigi Mangione, has been filed in California and is now with the state’s Attorney General’s Office.
This proposed measure would prohibit insurance companies from “delaying, denying, or altering any medical treatment or medication” recommended by a licensed doctor in California. The document highlights potential severe outcomes like “disability, death, amputation, permanent disfigurement, or loss or impairment of any bodily function” if these recommendations are hindered.
Should this initiative pass, an insurer could only authorize delays, denials, or modifications through a physician representing the insurer. Known tentatively as the Luigi Mangione Access to Health Care Act, it would also criminalize the hiring of non-physicians to assess decisions made by doctors, classifying such employment as a felony.
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.