A proposed ballot initiative has been submitted to the California Attorney General’s Office named after alleged UnitedHealthcare CEO killer Luigi Mangione.
The initiative was received by the state on Wednesday after being submitted by Los Angeles attorney Paul Eisner.
Driving the news: Mangione, 26, allegedly shot and killed UnitedHealthcare CEO Brian Thompson in New York City last December.
- He was arrested five days later at a McDonald’s in Pennsylvania. Police found a 3D-printed gun in Mangione’s possession when they apprehended him.
- Mangione pleaded not guilty to first-degree murder in furtherance of terrorism and other charges.
The big picture: Eisner submitted a ballot initiative to the Attorney General’s Office that would amend California’s Health and Safety code.
- Eisner requested that the title of his initiative be “the Luigi Mangioni Access to Health Care Act,” misspelling Mangione’s last name.
- The Attorney General’s Office would ultimately craft the initiative’s title if it heads to the ballot.
Go deeper: The proposed initiative would prohibit insurers from delaying, denying or modifying any medical procedure or medication recommended by a physician where such actions could result in disability, death, amputation, permanent disfigurement or loss or reduction of any bodily function.
- Any decision by an insurer to delay, deny or modify can only be made on behalf of any insurer by a physician.
- Insurers would have the burden 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 treble damages and attorney fees. Treble damages are three times the amount of actual damages determined by a jury.
- The initiative would make it a felony to employ someone who is not a physician to review a decision made by a physician.
What we’re watching: The state has 50 days to prepare a fiscal impact analysis, and the Attorney General’s Office will issue an official circulating title and summary within 15 days after the fiscal impact analysis.
- Following that, proponents can start collecting signatures to place it on the ballot.
