Federal court halts expanded religious exemption from ACA contraceptive mandate On January 7, 2019, the California Medical Association (CMA), along with other health care provider organizations, filed an amicus brief in support of the State of California in its challenge to federal rules that would expand a group health plan or health insurer's ability to claim a religious or moral objection to opt out of the Affordable Care Act’s (ACA) contraceptive coverage mandate. On January 13, 2019, one day before the effective date, the federal court granted the state’s motion for a preliminary injunction, blocking the rules from going ... January 22, 2019 General Access to Care, Amicus Briefs, Health Care Reform 0 0 Comment Read More »
U.S. Supreme Court hears arguments in challenge to California's Reproductive FACT Act A California law that requires specified facilities providing pregnancy-related services and counseling to disclose information about the availability of comprehensive reproductive health care services is currently being challenged before the United States Supreme Court. At issue in this case—NIFLA v. Becerra—are efforts by the State of California to ensure that patients receive accurate information about the availability and accessibility of free and low-cost comprehensive reproductive health services. Passed in 2015, the California’s Reproductive Freedom, Accountability, Comprehensive Care and Transparency (FACT) Act requires licensed health-care centers to notify patients of the availability ... April 5, 2018 General Amicus Briefs, Legal Advocacy, United States Supreme Court, Women's Health 0 0 Comment Read More »
Hospital at center of "existential threat" to medical staff self-governance files for bankruptcy The Tulare hospital embroiled in a bitter legal battle over the self-governance rights of its medical staff has filed for Chapter 9 bankruptcy. The filing came just two days before closing arguments were scheduled in the case, Tulare Regional Medical Center Medical Staff v. Tulare Regional Medical Center, et al. Although the hospital is in bankruptcy, the California Medical Association (CMA) will continue to seek a legal remedy in this matter. If the medical staff is unable to resolve the case out of court, the trial court could resume the ... October 19, 2017 CMA, General Amicus Briefs, Hospital Medical Staff, Legal Advocacy, Medical Staff, Medical Staff Self-Governance 0 0 Comment Read More »
State's high court rules health plans cannot negligently delegate payment responsibility The California Supreme Court today ruled that health plans cannot absolve themselves of the responsibility to pay claims for emergency care by noncontracted providers by negligently delegating that responsibility to a risk-bearing organization that it knows—or should have known—to be financially insolvent. "Today's ruling is a huge victory for physicians," said Francisco Silva, Senior Vice President and General Counsel for the California Medical Association (CMA). "California's high court is unequivocally telling health plans they cannot get away with this morally blameworthy behavior. They cannot irresponsibly delegate risk and leave physicians ... November 21, 2016 Managed Care Amicus Briefs, California Supreme Court, Health Net, Legal Advocacy 0 0 Comment Read More »
CMA files amicus brief in support of hospital medical staff self-governance The California Medical Association (CMA) has filed an amicus brief in support of the medical staff at Tulare Regional Medical Center in its lawsuit against the hospital alleging violations of state laws when the hospital terminated the entire medical staff and its duly elected officers. The hospital has recognized a replacement medical staff formed by a group of seven physicians led by the vice chairman of the hospital board. This group presented itself as a newly formed medical staff after it selected new bylaws and named officers to the medical ... March 31, 2016 CMA Hospital Medical Staff, Legal Advocacy, Self-Governance, Amicus Briefs 0 0 Comment Read More »
CMA files amicus brief in case that could weaken physician protections from silent PPOs The California Medical Association (CMA) and nine other physician organizations filed an amicus brief asking the Supreme Court of California to review an appeals ruling that would have significant, widespread negative impact on the health care industry, undermining a California law designed to protect physicians from "silent PPOs." Robust managed health care provider networks and reasonable reimbursement for medical services are vital to ensuring adequate accessibility and the highest quality of medical care. A historical and ongoing threat to these goals is the silent PPO problem, whereby health plans unilaterally ... January 15, 2016 Managed Care Legal Advocacy, Payor Contracting, Provider Networks, Silent PPOs, Amicus Briefs 0 0 Comment Read More »
CMA tells California Supreme Court it must protect patient data in CURES The California Medical Association (CMA) has filed an amicus brief with the California Supreme Court asking that it give meaningful privacy protection to patient data contained in the Controlled Substance Utilization Review and Evaluation System (CURES) database. CMA was joined on the brief by the American Medical Association, California Psychiatric Association, California Dental Association and the American Dental Association. This case, Lewis v. Superior Court (Medical Board), examines the constitutionality of the Medical Board of California's practice of routinely data mining the confidential prescription records of California patients. In response ... November 9, 2015 General CMA Legal Case List, CURES, Amicus Briefs, California Supreme Court 0 0 Comment Read More »
Court rules against constitutional attack on MICRA On June 9, the California Court of Appeal based in San Francisco issued its precedential opinion in Chan v. Curran, fully upholding various provisions of California's landmark Medical Injury Compensation Reform Act (MICRA) against constitutional attacks by California’s trial attorneys. The California Medical Association (CMA), together with a broad coalition of health care providers, including the American Medical Association, the California Hospital Association and the California Dental Association, had filed an amicus brief last year supporting the constitutionality of the non-economic damages cap of MICRA. This appeal was the latest in ... June 26, 2015 General Legal Advocacy, MICRA, Amicus Briefs 0 0 Comment Read More »
CMA files amicus brief in health care provider whistleblower case Last week, the California Medical Association (CMA) filed an amicus curiae brief in the California Supreme Court to urge a broad interpretation of the hospital whistleblower statute (Health and Safety Code section 1278.5). In Shaw v. Superior Court, defendant Los Angles Kindred Hospital terminated the plaintiff for complaining that the hospital was employing unlicensed and uncertified healthcare professionals. Following the termination, the plaintiff sued Kindred, arguing that health care providers who are categorized as whistleblowers are protected from retaliation by California Health & Safety Code section 1278.5. Last year, in Fahlen ... April 29, 2015 General Legal Advocacy, Amicus Briefs 0 0 Comment Read More »
CMA files brief in Medicaid case to be heard by the U.S. Supreme Court The California Medical Association (CMA) has filed an amicus brief in a Medicaid reimbursement case (Armstrong v. Exceptional Child Center) that will go before the U.S. Supreme Court this year to determine whether Medicaid providers have a cause of action under the Supremacy Clause of the U.S. Constitution to challenge a state’s compliance with Medicaid laws in setting reimbursement rates. CMA established good precedent in the Ninth Circuit appellate district on this specific question in our Medi-Cal rate cut litigation, but the Supreme Court’s ruling in the Armstrong case ... January 22, 2015 Medi-Cal Medicaid, Amicus Briefs, Legal Advocacy, Medi-Cal 0 0 Comment Read More »
