There is a significant amount of misinformation surrounding the issue of medical liability as it relates to health reform. California physicians are understandably nervous that the health reform bills might result in increased liability for physicians or undermine MICRA, our state's landmark medical malpractice reform law.

The truth is that neither proposal would pre-empt or otherwise directly impact MICRA and other similar state laws, although the U.S. House bill does incentivize states to adopt pilot programs using early offer and certificates of merit while explicitly excluding MICRA-like caps from such incentives. CMA also was instrumental in getting language into the House bill to ensure that any practice guidelines or payment policies established in the bill do not increase the liability exposure for physicians. CMA is seeking similar language in the Senate bill.

To help physicians understand this issue, and clarify what the health reform bills do and don't do with regards to medical liability, CMA has published a medical liability issue brief on its health reform page.

There you will also find briefs on other health reform issues, including the SGR and other Medicare payment issues, and Medicaid/Medi-Cal. Additional issue briefs will be published in the coming weeks.

Contact: Elizabeth McNeil, 415/882-3376 or emcneil@cmanet.org.