IT MORNING AND WELCOME TO THE
ASSEMBLY JUDICIARY COMMITTEE
WE'RE HAVING A SPECIAL HEARING
TODAY. TO HEAR AB. THIRTY FIVE.
I WILL FIRST NOTE THAT EVEN
THOUGH. THERE IS NO LONGER A
MASK MANDATES WE ARE ASKING THAT
FOLKS TO MASK UP AND MAINTAIN
DISTANCING WE STILL ARE IN A
PANDEMIC. AND FOR WITNESS
TESTIMONY WE HAVE TWO OPTIONS IN
PERSON IS CERTAINLY WELCOME BUT
ALSO ON THE PHONE. THE PHONE
NUMBER AND ACCESS CODE SHOULD BE
UP ON THE SCREEN AS YOU'RE
WATCHING THIS THEY'RE CERTAINLY
AVAILABLE. ON THE COMMITTEE'S
WEBSITE THE CALL IN NUMBER THE
PHONE NUMBER IS EIGHT SEVEN
SEVEN. SIX NINE TWO EIGHT NINE
FIVE SEVEN AGAIN THAT'S EIGHT
SEVEN SEVEN. SIX NINE TWO EIGHT
NINE FIVE SEVEN. AND THE ACCESS
CODE IS. ONE THREE ONE FIVE FOUR
FOUR SEVEN. AND THAT'S ONE THREE
ONE FIVE FOUR FOUR SEVEN. THIS
IS A SPECIAL HEARING JUST HERE
AB THIRTY FIVE WE DO NOT YET
HAVE A QUORUM BUT WE CAN START
AS A SUBCOMMITTEE SO WE WILL DO.
JUST THAT MS REYES AND MR UMBERG. BECAUSE I THINK THAT THIS.
GOOD MORNING GOOD MORNING THIS
CHAIR MEMBERS. AB THIRTY FIVE IS
SOMETHING THERE'S BEEN WORKED ON
FOR YEARS AND YEARS DECADES IN
FACT BY MANY WHO CAME BEFORE US
WHO BEEN WORKING ON SUCH
IMPORTANT LEGISLATION. IT
REPRESENTS OVERDUE REFORM TO THE
MEDICAL INJURY COMPENSATION
REFORM ACT KNOWN AS MICRO.
CALIFORNIA'S MEDICAL MALPRACTICE
STATUTE HAS BEEN UNCHANGED FOR
NEARLY FIVE DECADES AND OVER
THATTIME HAS MAGNIFIED AND
EXACERBATED POLITICAL
DIFFERENCES. AB THIRTY FIVE
REPRESENTS A COMPROMISE THAT
WILL PROVIDE FAIR AND SENSIBLE
COMPENSATION TO PATIENTS WHO
HAVE SUFFERED A HEALTH CARE
INJURY. OR FOR THE FAMILY IF HE
PATIENT SUFFERED DEATH WELL AT
THE SAME TIME PROVIDING
CONTINUED CERTAINTY AND
STABILITY FOR MEDICAL PROVIDERS
. EXISTING LAW LIMITS THE
PLAINTIFFS NON ECONOMIC RECOVERY
KNOWN AS PAIN AND SUFFERING TO
TWO HUNDRED FIFTY THOUSAND
DOLLARS REGARDLESS OF THE NUMBER
OF DEFENDANTS REGARDLESS OF THE
PAIN AND SUFFERING OF THE
INJURED PATIENT OR THE FAMILY
WHOSE LOVED ONES DIED. FROM THE
MALPRACTICE. THIS HAS BEEN
UNCHANGED FOR ALMOST FIVE
DECADES. IN SUMMARY THIS
HISTORIC AGREEMENT INCREASES THE
AMOUNT FOR NON ECONOMIC RECOVERY
. IN THE CASE OF A NON DEATH
CASES OF WORDS PERSONAL INJURY.
INSTEAD OF TWO HUNDRED AND FIFTY
WILL BE THREE HUNDRED AND FIFTY
AS OF JANUARY FIRST OF TWENTY
TWENTY THREE IT WILL INCREASE
INCREMENTALLY. UNTIL IT REACHES
SEVEN HUNDRED AND FIFTY THOUSAND
DOLLARS AFTER TEN YEARS. IF THE
MALPRACTICE. CAUSED A WRONGFUL
DEATH THAT CAP RATHER THAN BEING
TWO FIFTY WILL BE FIVE HUNDRED
THOUSAND THE FIRST YEAR. AND
CONTINUE TO INCREASE
INCREMENTALLY UNTIL IT REACHES
ONE MILLION DOLLARS. AFTER TEN
YEARS. THEREAFTER THAT CAP
BEGINNING IN TWENTY THIRTY FOUR
WILL BE INCREASED BY 2% FOR COLA
INCREASE. WHICH WILL BEGIN
JANUARY FIRST OF TWENTY THIRTY
FOUR AND THE JUST THE CAPS
ANNUALLY. AB THIRTY FIVE ALSO
CREATES THREE SEPARATE
CATEGORIES OF DEFENDANTS. ONE
MEDICAL PROVIDERS ARE
PHYSICIANS. THE SECOND HEALTH
CARE INSTITUTIONS OR HOSPITALS.
AND TO THE OTHER GROUP THE OTHER
CATEGORY IS UNAFFILIATED HEALTH
CARE PROVIDERS INCLUDING
AMBULANCES AND POLITE. AB THIRTY
FIVE REFLECTS. SOMETHING THAT'S
REALLY IMPORTANT THAT WE CAN
WORK THROUGH WHAT WERE ONCE
VIEWED AS INSURMOUNTABLE
DISAGREEMENTS AND POLITICAL
DIVIDES. IT REFLECTS THE FACT
THAT FIGHTS THAT APPEAR. TO BIND
US FOR DECADES AS THIS HAS ARE
ONLY AS IMPOSSIBLE TO OVERCOME
AS WE ALLOW THEM TO BE. WE'RE
HOPING THAT WE DO BELIEVE THAT
AB THIRTY FIVE WILL SERVE AS A
MODEL FOR FUTURE EFFORTS TO
PROVE THAT THE DEMOCRATIC
PROCESS. CAN ACTUALLY WORK AND
IT WILL WORK WITH FAIRNESS AND
EQUITY WHEN THE PARTIES TO GET
TOGETHER AND AGREE TO COME TO AN
A SOLUTION. I'D LIKE NOT TO I'D
LIKE TO NOW HANDED OVER TO MY
JOINT AUTHOR SENSOR- BURKE WHO
WILL PROVIDE A FEW. INTRODUCTORY
REMARKS THANK YOU MR BURKE THANK
YOU MISTER CHAIR MEMBERS WELCOME
ASSEMBLYMEMBER HANEY IT'S A BIT
NOSTALGIC FOR ME TO BE HERE WHEN
I CAME THIRTY TWO YEARS AGO MY
OFFICE IS RIGHT ACROSS THE WAY
AND I REMEMBER DISCUSSING. THIS
VERY ISSUE IN THE
CONTENTIOUSNESS OF THIS ISSUE IT
IS A STORY THAT WE NOW HAVE COME
TO THIS COMPROMISE AND IT'S
REALLY A TRIBUTE TO THE
STAKEHOLDERS THE HOSPITAL'S
SOLICITATION CONSUMER ATTORNEYS.
CMA ALL THE STAKEHOLDERS THAT
COME TOGETHER TO STRUCTURE THIS
COMPROMISE THAT IT'S FAIR TO
CALIFORNIANS FEARED OF THE
HEALTH CARE INDUSTRY FAIR TO
EVERYONE. UP THERE'S A NUMBER OF
FOLKS TO THANK. BOB AND I
SUPPOSE I'LL I'LL NOT NAME THEM
ALL BUT ONE OF THE THINGS THAT
WE WANT TO EXPOSE EXPRESS SOME
GRATITUDE FOR IS THE
LEGISLATURE'S ABILITY NOW TO BE
ABLE TO INTERVENE. FOR EXAMPLE
WHEN MR RALEIGH WHEN HE GATHERED
SIGNATURES TO PUT THIS ON THE
BALLOT ACTED AS A CATALYST FOR
US TO ACT I THINK WE STRUCTURED
A PRODUCT THAT IS. IT FOR
CALIFORNIA AND WITH THAT I'M
GONNA TURN IT BACK OVER MAJORITY
LEADER REYES- THERE ARE I
BELIEVE FOR WITNESSES HERE TODAY
TO TESTIFY. IN SUPPORT I DON'T
KNOW IF THERE'S ANYBODY HERE TO
TESTIFY IN OPPOSITION. ALRIGHT
I'LL HANDLE THAT PART. SO
OPENING COMMENTS THEN. YES
COMPLETE OKAY I'D LIKE TO
INTRODUCE OUR WITNESSES TAMMY
SMIC PATIENT RIGHTS ADVOCATE
ROBERT WALES DR ROBERT WALES A
CMA PRESIDENT CRAIG PETERS
CONSUMER ATTORNEYS PRESIDENT AND
LISA MAAS FROM CAP. RIGHT YOU
FIRST WITNESS PLEASE. AND YOU
CAN SPEAK AT THE MICROPHONE OR
YOU CAN COME TO THE TABLE. HI
GOOD MORNING MY NAME IS TAMMY
SMACK I AM A PATIENT ADVOCATE
BOARD MEMBER WITH CONSUMER
WATCHDOG AND I AM THE MOTHER OF
ALEX MACK. THIS IS MY TWENTY
YEAR OLD SON WHO DIED DUE TO
MEDICAL NEGLIGENCE IN TWO
THOUSAND TWELVE. AN ORANGE
COUNTY HOSPITAL LOOKS WAS GIVEN
A COMBINATION OF MEDICATIONS AND
THEN IT WAS LEFT ON MONITOR FOR
MORE THAN SEVEN HOURS. WHEN HE
WAS FINALLY CHECKED ON DURING
MORNING ROUNDS ALEX WAS FOUND
DEAD. HE WAS ALREADY ON RECORD
AS- WE WANTED TO SEEK JUSTICE
AND ACCOUNTABILITY FOR ALEX'S
DEATH BUT WE WERE DENIED ACCESS
TO THE JUDICIAL SYSTEM BECAUSE
OF MY CURRENT. SO FOR TEN YEARS
I HAVE BEEN FIGHTING FOR CHANGE
THE JOURNEY HAS BEEN CHALLENGING
BUT I VOWED TO NEVER GIVE UP.
AND SO I'M HONORED TO STAND
BEFORE YOU IN MEMORY OF ALEX AND
THE THOUSANDS OF OTHER VICTIMS
OF MEDICAL NEGLIGENCE. AND I AM
THANKFUL KNOWING THAT OTHERS
WERE RECEIVE THE JUSTICE THEY
DESERVE BECAUSE OF AB THIRTY
FIVE. SO FOR ALEX I THANK YOU
FOR YOUR SUPPORT. AND ON BEHALF
OF MY FRIEND SCOTT OLSON THE
PROPONENT OF THE FAIRNESS FOR
INJURED PATIENTS ACT. WE COMMIT
TO WITHDRAWING THE INITIATIVE
WHEN A. B. THIRTY FIVE ASSIGNED.
THANK YOU. THANK YOU. THAT'S
WHAT THIS PLACE. MISTER CHAIR
COMMITTEE MEMBERS I AM BOB WALES
DR BOB WILLS PRESIDENT OF THE
CALIFORNIA MEDICAL ASSOCIATION
AND I'M HERE TODAY TO REPRESENT
NEARLY FIFTY THOUSAND MEMBERS IN
SUPPORT OF AB THIRTY FIVE. THIS
IMPORTANT LEGISLATION. IT
DEMONSTRATES AN AMAZING
COMPROMISE THAT IS DESIGNED TO
HELP THE LONG TERM
PREDICTABILITY. INSTABILITY AND
AFFORDABILITY OF MEDICAL
LIABILITY INSURANCE WHILE AT THE
SAME TIME MAKING IT FAIR
COMPENSATION FOR INJURED
PATIENTS. AMONG MANY ATTRIBUTES
OF THIS LEGISLATION INCLUDE NEW
- EVIDENTIARY PROTECTIONS FOR
PRE LITIGATION EXPRESSIONS OF
BENEVOLENCE OF EMPATHY OF REGRET
AND EVEN STATEMENTS OF FAULT BY
MEDICAL PRACTITIONERS. THIS
ALLOWANCE IN THE NEW EVIDENTIARY
CODE WILL MAKE MORE DISCUSSIONS
FULL DISCUSSIONS AND OPEN
DISCUSSIONS BETWEEN PATIENTS AND
THEIR PHYSICIANS WHICH WILL-
FACILITATE GREATER- GREATER
OPENNESS TRUST. AND LONG TERM
BENEVOLENCE BETWEEN PATIENTS AND
PHYSICIANS IN FACT MANY PATIENTS
IN THERE JUST A DETERMINATION TO
FILE A MOP MALPRACTICE LAWSUIT.
THIS DECISION IS TRIGGERED BY
POOR COMMUNICATIONS AND NOT
NGLIGENCE. THIS LEGISLATION
WILL GO A LONG WAY TO FACILITATE
THOSE CONVERSATIONS BETWEEN
PHYSICIANS AND PATIENTS THAT WE
ALL WANT TO HAVE THANK YOU FOR
YOUR SUPPORT OF AB THIRTY FIVE.
THANK YOU THAT'S WHAT THIS WITH. MY NAME IS CRAIG PETERS I'M
THE PRESIDENT OF THE CONSUMER
ATTORNEYS OF CALIFORNIA. I AM
PROUD TO REPRESENT THE THOUSANDS
OF LAWYERS AND OUR STATE THAT
SPEAK AS THE VOICE OF INJURED
PEOPLE WHO NEED A CHAMPION
AGAINST POWERFUL INTEREST. TODAY
IT SHOULD BE A DAY REFLECT ON
WHAT WE ARE ACCOMPLISHING AND
WHY. IT IS IMPORTANT THAT WE
RECOGNIZE THE MANY WHO. DESPITE
THEIR GRIEF AN INABILITY TO
ACHIEVE JUSTICE BECAUSE OF MICRA
. HAVE FOUGHT TIRELESSLY TO TRY
TO ENSURE THAT NO ONE ELSE WOULD
SUFFER IN THE SAME WAY THAT THEY
HAVE BECAUSE OF MEDICAL
NEGLIGENCE. THESE PEOPLE INCLUDE
TIM TAMMY WHO LOST THEIR
BEAUTIFUL SON ALEX. SCOTT OLSON
AND HIS SON STEVE WHO WAS
RENDERED BLIND AND BRAIN DAMAGED
. CHARLES JOHNSON WHOSE WIFE MIA
DIED AFTER CHILDBIRTH. THREE
NELSON AND THEIR DAUGHTER MIA
MERINO WHO SUFFERS FROM CEREBRAL
PALSY. BOB PACK WHO LOST HIS
CHILDREN TROY AND ALLANA.
ANNETTE RAMIREZ WHO HAD HER
LIMBS AMPUTATED. AND OF COURSE
SEAN TO WESLEY WHO MANY OF YOU
KNOW. THE PROGRESS WE'RE MAKING
HERE IS BECAUSE OF THEIR
SUFFERING AND THEIR SACRIFICE.
ON BEHALF OF INJURED PATIENTS IN
THE LAWYERS THROUGHOUT OUR STATE
WHO FIGHT EVERY DAY ON THEIR
BEHALF I THANK YOU FOR YOUR
SUPPORT. OF AB THIRTY FIVE.
THANK YOU. THAT'S WHAT THIS
PLEASE. GOOD MORNING I'M LISA
MAAS AB. I'M THE EXECUTIVE
DIRECTOR OF CALIFORNIANS ALLIED
FOR PATIENT PROTECTION THE
COALITION OF MORE THAN ONE
THOUSAND ORGANIZATIONS DEDICATED
TO PRESERVING ACCESS TO HEALTH
CARE THROUGH MICRO. FORMICA THE
COST OF PRACTICING MEDICINE IN
CALIFORNIA WITH SKYROCKETING
BECAUSE HEALTH CARE PROVIDERS
TO- CHANGE THEIR SERVICES OR
PERHAPS MOVE OUT OF STATE.
MICHAEL HELPED ESTABLISH
GUARDRAILS THAT CONTROLLED COSTS
AND KEPT HEALTH CARE ACCESSIBLE
WHICH IS WHY CALIFORNIA DOCTORS
NURSES HOSPITALS AND COMMUNITY
CLINICS ALONG WITH MANY OTHERS
JOINED TOGETHER TO PROTECT MICRA
. THIS PROPOSAL WILL END A
DECADES LONG CONFLICT AND AVOID
A COSTLY BALLOT MEASURE THAT
WOULD HAVE SEVERELY DAMAGED OUR
SAFETY NET PROVIDERS AND
COMMUNITY HEALTH CENTERS WHO
SERVE CALIFORNIA'S MOST
VULNERABLE PATIENTS. OUR
COALITION IS A PROUD SPONSOR OF
AB THIRTY FIVE BECAUSE IT WILL
KEEP HEALTHCARE ACCESSIBLE WILL
KEEP HEALTHCARE AFFORDABLE WHILE
ENSURING PATIENTS AND FAMILIES
ARE CARED FOR AND SUPPORTED I
RESPECTFULLY ASK FOR YOUR AYE
VOTE FOR A. B. THIRTY FIVE.
THANK YOU. THANK YOU ALL RIGHT
OTHERS IN SUPPORT WE WILL NOT
TAKE FURTHER TESTIMONY BUT IF
YOU'D LIKE TO GO FORWARD GIVE US
YOUR NAME YOUR AFFILIATION AND
THAT YOU'RE SUPPORTING AB THIRTY
FIVE. JENNIFER SNYDER ON BEHALF
OF THE CALIFORNIA HOSPITAL
ASSOCIATION AND THE CALIFORNIA
ASSOCIATION HEALTH FACILITIES IN
SUPPORT. SHANDA WESLEY MEDICAL
MALPRACTICE SURVIVOR IN SUPPORT. WE HAVE DROUGHT WITH PRICES-
REPRESENTING BLACKMUN FROM ONE
LISTEN SUPPORT AND AS A BOARD
MEMBER FOR FUND HER IN SUPPORT
THANK YOU. AARON AVERY
CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION IN SUPPORT THANK YOU. BRENT SPENCE ON BEHALF OF THE
AMERICAN COLLEGE OF OBGYN
SUFFICIENT NINE IN SUPPORT.
THANK YOU. ANYONE ELSE IN THE
ROOM INDICATE SUPPORT FOR SB
THIRTY FIVE. RIGHT SIGNAL NOT
PRETTY WOULD YOU OPEN THE LINES
FOR ANYONE WHO WOULD LIKE TO
INDICATE SUPPORT FOR. A BI
THIRTY FIVE. CERTAINLY IF YOU DO
WISH TO SUPPORT PLEASE PRESS ONE
ZERO AT THIS TIME AGAIN IT'S ONE
ZERO. THE CONVERSE CARLIJN
SEVENTEEN. THANK YOU DON'T STONE
ADVOCACY ON BEHALF THE
CALIFORNIA ORTHOPEDIC ASSOCIATES
IN IN SUPPORT. THANK YOU TO ONE
LINE EIGHTEEN. CAN YOUR OPEN.
OUR NEXT CAR LINE SIXTEEN. YOU
NEED TO INCLUDE VACCINE INJURY
IN THIS BILL THE GENOCIDE YOU
ARE CREATING. AND NEXT WE'LL GO
TO LINE SEVEN. HI GOOD MORNING
THANKS A LOT ON BEHALF OF THE
CALIFORNIA ACADEMY OF FAMILY
PHYSICIANS IN SUPPORT OF AB
THIRTY FIVE. AN EXTRA LINE
TWELVE. HI MORGAN A WHITE WITH
THE BIRDS EQUITY ADVOCACY
PROJECTS WE ARE IN SUPPORT OF AB
THIRTY FIVE BECAUSE IT PROVIDES
CHECK THAT THE ACCOUNTABILITY TO
FAMILIES OF COLOR AND MOMS OF
COLOR EVERYWHERE. THANK YOU AND
WE'LL JUST TAKE NAMES THE ASIAN
AND SUPPORT THANK YOU. YOU WILL
CONNECTS LINE TWENTY. HELLO MY
NAME IS SHARON WASHINGTON I'M
THE EXECUTIVE DIRECTOR OF CHANGE
KRISHAN WHICH NONPROFIT MY
FAMILY MY BROTHER DIED HE GETS
MEDICAL NEGLIGENCE DEMOCRATIC
YOU HEALTHCARE AND I FULLY
SUPPORT EIGHTY THIRTY FIVE THANK
YOU WE WILL NOT TAKE ANY FURTHER
TESTIMONY WILL TAKE NAME
AFFILIATION AND SUPPORT FOR THE
BILL. IN LINE ELEVEN YOUR LINE
IS OPEN. GOOD MORNING I'M CHAU
MONSERRAT RAMIZ ARM WITH
CONSUMER WATCHDOG WE STRONGLY
SUPPORT EIGHTY THIRTY FIVE.
EXCELLENT LINE FOURTEEN. H.
HELLO OKAY AMAZON HERE TO WATCH
THAT EXTERNAL SUPPORT AT THIRTY
FIVE NOT HAVE TO MAKE THAT
SPECIAL CLASS THANK YOU. EXPO GO
TO LINE FIFTEEN. GOOD MORNING MY
NAME IS SARAH HITCHCOCK LOVERS
FROM DISTRICT ASSEMBLY DISTRICT
TWENTY NINE I STRONGLY SUPPORT
SB THIRTY FIVE IN MEMORY OF MY
SON ADAM GLOVER. EXPLORE LINE
TWENTY ONE. YES HELLO MY NAME IS
MY NAME IS MARK WILSON A RETIRED
EXACTLY WITH TACO BELL- HERE IN
NEWPORT BEACH AND I STRONGLY
SUPPORT SB THIRTY FIVE WE NEED
TO BRING THAT HEALTHCARE INTO
THE THANK YOU. GLENDALE THANK
YOU THANK YOU WILL GO TO LINE
SIX. HELLO MY NAME IS TRACY CAN
ANGER AND I STRONGLY SUPPORT.
EIGHTY SEVEN FIVE OR- DANNY AND
NAKAI THANK YOU. VICTORIA LINE.
TWENTY TWO. HELLO MY NAME IS
DAVID DE LEON WITH A CLEAVER
WATCHDOG- I STRONGLY SUPPORT AB
THIRTY FIVE IN HONOR OF MY THE
NUTCRACKER THANK YOU. THE NEXT
TO GO TO LINE TWENTY FOUR. GOOD
MORNING REBEKAH MARKETS ON
BEHALF OF THE CONSUMER
PROTECTION POLICY CENTER AND
SUPPORT THANK YOU. THE NEXT TO
GO TO LIGHT NINETEEN. HI TO THE
BUSINESS UNIT I'M A VOLUNTEER
WITH CONSUMER WATCHDOG I
STRONGLY SUPPORT SB THIRTY FIVE
IN HONOR OF ALL OF THE COUNTLESS
VICTIMS OF THE SAME DOCTOR. NEXT
TO A LINE THIRTEEN HI MY NAME IS
CAROL BRADLEY ON THE VOLUNTEER
WITH THE CONSUMER WATCHDOG I
STRONGLY SUPPORT SB THIRTY FIVE
AN HONOR MY HUSBAND MIGHT
BRADLEY. THE TO. BOOK FLYING
TWENTY FIVE. THE MORNING CARE
NUMBERS TO MORAN OF THE
CALIFORNIA DENTAL ASSOCIATION
AND WE ARE IN SUPPORT. EXPLORE
ALIVE NINE. GOOD MORNING MY NAME
IS DENISE JOHNSON I AM A
VOLUNTEER WITH CONSUMER WATCHDOG
AND IN LOVING MEMORY OF MINE AND
RICHARD JOHNSON I STRONGLY
SUPPORT AB THIRTY FIVE. NEXT
WEEK NOT A LINE TWENTY THREE.
HELLO I'M JONES SEGMENT OF
VOLUNTEER WITH CONSUMER WATCHDOG
I STRONGLY SUPPORT AB THIRTY
FIVE IN HONOR OF MY DECEASED
HUSBAND DONALD. AND CURRENTLY
MEANT FURTHER IN Q. I THANK YOU
OPERATOR WE WILL NOW MOVE TO A
POSITION I HAVE TO OPPOSITION
WITNESSES LISTED DR STUART
BESSIE AND DOUG TO PETA BOTH IN
THE HEARING ROOM COME FORWARD
PLEASE. GOOD MORNING MISTER
CHAIR AND MEMBERS- DOUG CHIPATA-
I AM THE CEO OF THE UNION OF
MERICAN PHYSICIANS AND
DENTISTS. I'M ALSO THE CHAIR OF
THE EXECUTIVE BOARD OF ASKED ME
CALIFORNIA- WE HAVE AN OPPOSE
UNLESS AMENDED POSITION ON THE
LEGISLATION BUT NOT WITH THE
SUBSTANCE OF THE BILL THIS IS-
WITH RESPECT TO THE PROCESS.
EARLY ON WHEN THIS IS A GOTTEN
AND THE BILL IS BEING RUSHED TO
THE PROCESS WE VOICE SOME
CONCERNS ABOUT THE LANGUAGE TO
SOME OF OUR COLLEAGUES AND WE
ESSENTIALLY WERE SHUT OUT OF THE
LEGISLATION INTO DELIVERED OF
PROCESS. WE WOULD HOPE GOING
FORWARD THAT WE CAN BE PART OF
THE DIALOGUE AND THAT'S-
ESSENTIALLY WILL HAVE TO SAY I
HAVE MY BOARD PRESIDENT DR
STUART BUS HERE. WHO IS A SOLO
PRACTITIONER. AS GOING TO SPEAK
UP TO SOME HIS CONCERNSTHAT WE
WOULD LIKE TO SEEN IN THE
LEGISLATION BUT AGAIN OUR
CONCERN IS PROCESS AND NOT
NECESSARILY WITH THE SUBSTANCE
OF THE LANGUAGE- WE'VE BEEN
AROUND FIFTY YEARS WE REPRESENT
PUBLIC SECTOR DCTORS. STATE
COUNTY. HAVE A SECONDARY
POSITION TO HAVE TO TAKE OUT
MALPRACTICE INSURANCE WE ALSO
REPRESENT A LOSS ON THE PRESS.
WE WERE. THINGS LIKE GOING
FORWARD WE'RE THAT WILL A CLEAN
UP. PART OF IT THANK YOU AND
HAVE GOOD MORNING THANK YOU.
THAT'S WHAT THIS. CHAIRMAN STONE
MEMBERS THE COMMITTEE MY NAME IS
DR STUART PERCY. I REALIZED THAT
AB THIRTY FIVE IT'S A CONSENT
ITEM TODAY BUT I WANT TO MAKE A
STATEMENT ABOUT IT NOW AND
AMENDMENTS PROCESS. POTENTIAL
AMENDMENTS THAT SHOULD BE ADDED
AT SOME POINT. THE CLEAN UP BILL
WOULD BE IDEAL. I HAVE
CONSIDERABLE STANDING TO SPEAK
ABOUT MICRO I'M A BOARD
CERTIFIED SO A FAMILY DOCTOR
THIRTY FIVE YEARS. I'VE HAD
THREE FRIVOLOUS LAWSUITS FILED
AGAINST ME ALL WERE DISMISSED
WITH THE HELP OF MY INSURANCE
CARRIER. I'VE BEEN BOTH THE
PLAINTIFF AND DEFENDANT EXPERT
WITNESS AND NOW MAD MALPRACTICE
I'M AN ATTORNEY AND I'VE SERVED
AS PRESIDENT OF THE U. A. P. D.
THE SAME UNION THAT HELPED
CONVINCE GOVERNOR BROWN IN
NINETEEN SEVENTY FIVE TO CREATE
MICRO. NOTWITHSTANDING THE RAPID
SPEED AND LACK OF TRANSPARENCY
BABY THIRTY FIVE. ESPECIALLY TO
SMALL GROUP AND SOLO DOCTOR IN
CALIFORNIA. THE BILL INTO LAW
NEEDS TO EVOLVE THROUGH TIME. IT
REMAINS TO BE SEEN HOW MANY MORE
MERITORIOUS AND NON MERITORIOUS
CASES WILL EMERGE WITH THESE NEW
MONETARY CAPS. AS A SOLO AND
FORMER SMALL GROUP AND RURAL
DOCTOR. I KNOW THAT LOWER
REIMBURSEMENTS WILL MAKE HIGHER
MELT MET NOW PREMIUMS MORE
DIFFICULT FOR THESE FRAGILE
GROUPS TO SURVIVE. IN CALIFORNIA
NEEDS THESE DOCTORS TO STAY IN
PRACTICE. THEREFORE I PROPOSE AB
THIRTY FIVE OR A FUTURE VERSION
EXEMPTS SOLO AND SMALL GROUPS OF
LESS THAN TEN DOCTORS. AND RURAL
DOCTORS FROM THE HIGHER CAPS. I
WOULD ALSO. IN AMENDMENTS TO THE
LAW THAT BROADLY ADDRESSES OTHER
TYPES OF MED NOW REFORM.
ESPECIALLY THOSE RELATED TO THE
TIMING AND SPEED OF LITIGATION.
CAPS ON INSURANCE PREMIUMS
PROFESSIONAL JURIES AND THE
LIKE. WHEN THE ENTIRE MEDICAL
COMMUNITY BUYS INTO THE NEW
REFORM. HONEST AND PASTE DEBATE.
WITH ALL LEGAL AND INSURANCE
COMMUNITIES. THEN REFORM CAN
TRULY BE EMBRACED BY ALL THANK
YOU. THANK YOU. ANYONE ELSE IN
THE HEARING ROOM WHO'D LIKE TO
SPEAK IN OPPOSITION. WE WILL
TAKE FURTHER TESTIMONY WILL TAKE
YOUR NAME AFFILIAION AND
OPPOSITION. GOOD MORNING CHAIR
COMMITTEE MEMBERS AND STAFF
KRISTOFF MAYOR WITH THE AMERICAN
FEDERATION OF STATE COUNTY AND
MUNICIPAL EMPLOYEES WE ARE IN
RESPECTFUL OPPOSITION- UNLESS
AMENDED FOR THE REASONS STATED
BY YOU ÁP THANK YOU THANK YOU.
ANYONE ELSE. RIGHT SIGNAL
OPERATOR WOULD YOU OPEN ALLIANCE
FOR ANYONE WHO WOULD LIKE TO
INDICATE OPPOSITION TO AB THIRTY
FIVE AGAIN WILL NOT TAKE FURTHER
TESTIMONY BUT NAME AFFILIATION
AND OPPOSITION. THANK YOU AND
AGAIN IT'S ONE ZERO AT THIS TIME. IT CURRENTLY NINETY Q. ALL
RIGHT THANK YOU OPERATOR YOU MAY
CLOSE ALLIANCE OF BRING IT BACK
TO THE COMMITTEE FOR QUESTIONS
COMMENTS MISTER KALRA. THANK YOU
MISTER CHAIRMAN I WANNA FIRST I
THINK OUR- OUR AUTHORS- FOR.
BRINGING THIS FORWARD I MEAN
THIS IS A THIS IS A HISTORIC
PIECE OF LEGISLATION- THAT. HAS
BEEN DECADES IN THE MAKING- AND-
FOR PERSONAL PROPERTY A CO
AUTHOR ON IT- THE BUT- JUST WANT
TO SHOW GRATITUDE TO EVERYONE
THAT CAME TOGETHER- IN
RECOGNITION THAT- WE USUALLY
HAVE A BETTER OUTCOME. WHEN WE
FIND THE OPPORTUNITY IN THE
PLACE TO COME TOGETHER DOESN'T
ALWAYS HAPPEN. HAS BEEN
INDICATED OVER MANY MANY YEARS.
OF. THIS ISSUE IN A- RAISING ITS
HADN'T OF EVERY EVERY SEVERAL
YEARS. THAT BEING SAID IN- I WON
A- REALLY- GET MY GRATITUDE ALL
THE VICTIMS OF THAT HAVE
SUFFERED. OVER THE YEARS I THINK
THAT THERE'S A CLEAR
RECOGNITION- WITH THIS
RESOLUTION. THAT MORE NEEDED TO
BE DONE- TO SHOW RESPECT AND
DIGNITY- OF FOR THOSE THAT HAVE
SUFFERED AND- I'M GRATEFUL-
THAT- INTO THE MICRO COALITION
ALSO. SAW FIT- MET TO. YOU KNOW
COME TO THE TABLE AND PUT AN END
TO I THINK WHAT HAS BEEN OF
SEVERAL PAINFUL CHAPTERS I THINK
IN THE END THIS BATTLE THAT-
ULTIMATELY DOESN'T SERVE ANY OF
US. AND SO VERY GRATEFUL- TO THE
AUTHORS IN THE COALITION THAT
HAS COME TOGETHER FROM BOTH
SIDES TO- BRING THIS TO US AND
GIVE US THE OPPORTUNITY TO BE
PART OF WHAT I THINK IS A-
REALLY IMPORTANT. DAY AND APART
MOMENT- AND IN THIS LEGISLATURE
AND- ALSO WANT TO EXPRESS MY
GRATITUDE TO OUR CHAIR AND HIS
STAFF- WHO I KNOW HAS HAD TO
DEALT WITH IT GRAPPLE WITH THESE
ISSUES. THAT THAT THAT COULD
LEAD ARISE FROM THE NON
RESOLUTION. OF THIS ISSUE OVER
SO MANY YEARS AND SO- AB WOODEN
WE HAVE QUORUM I'LL BE HAPPY TO
MAKE A MOTHER LIKE STARK OUT OF
MY HEAD WE HAVE HORRIBLE YOU
HAVE TO MAKE A MOTION BUT I JUST
WANT TO EXPRESS MY GRATITUDE FOR
IT TO EVERYONE. FOR COMING
TOGETHER ON THIS INCREDIBLY
IMPORTANT PIECE LEGISLATION THAT
I HOPE- INCLUDING- THE COMMENTS
THAT THE ASPECT OF THE
BENEVOLENT GESTURES LOOK
ALTERNATELY THIS IS ABOUT
HEALING- IN ABOUT US MOVING
FORWARD TOGETHER IN A WAY THAT I
THINK WILL HOPEFULLY CREATE
BUILD A BETTER RELATIONSHIP-
WHEN IT COMES TO DOCTOR PATIENT
RELATIONSHIPS. CREATE MORE
TRUST- WITH OUR HEALTH CARE
SYSTEM AND ULTIMATELY AND MOST
IMPORTANTLY CREATE AS MUCH
CLOSURES WE CAN YOU CAN ALWAYS
CREATE SEVEN CLOSURE WHEN
THEY'RE SUCH GREAT LOSS YOU CAN
TRY TO LEASE. SO THOSE ARE.
HELLO I THINK HOPE IS WILL GO.
TO US WAY FOR US TO LEAST SHOW
THAT WE READ- THE PAIN SUFFERING
AND THAT WE ALSO RECOGNIZE THE
BENEFIT AND THE ABILITY. FOR OUR
MEDICAL PROFESSIONALS TO EXPRESS
THEIR GRIEF AND THEIR SYMPATHY
AS WELL WHICH I THINK IS- IT'S
HARD TO PUT A TO ATTACH A VALUE
TO THAT. BUT IT IS INCREDIBLY
VALUABLE TO HAVE THAT IN YEARS
WELL SO THANK YOU. THANK YOU I'M
GONNA PAUSE IN SYSTEMS FOR OF
WORLD PLEASE STONE HERE
CUNNINGHAM BLOOM. HERE DAVIES.
HANEY KALRA. KILEY MAIENSCHEIN
REYES HERE RIVAS THANK YOU WE DO
HAVE A QUORUM AND I WOULD LIKE
TO. THANK YOU WE HAVE A MOTION
AS THEIR SECOND. SECOND AND THE
SECOND THANK YOU AND I WOULD
LIKE TO WELCOME MISTER BLOOM IS
NOW PERMANENTLY ON THE
COMMITTEE. MISTER HANEY WELCOME
TO THE COMMITTEE. HI OTHER
QUESTIONS COMMENTS MISTER HANEY
. I THANK YOU CHAIR I AM SO
HONORED TO BE HERE- ON THIS
HISTORIC DAY FOR THIS VOTE AND I
WANT TO THANK THE AUTHORS AND
ALL OF THE STAKEHOLDERS WHO ARE
HERE INCLUDING THE FAMILIES WHO
ARE HERE I WHO ARE PART OF THE
PROCESS- I THINK IS AS- MY
FRIEND- MEMBER FROM SAN JOSE
SAID- THIS IS SOMETHING THAT. I
HAS BROUGHT A LOT OF PAIN IT'S
BROUGHT A LOT OF TRAUMA I IT'S
BROUGHT A LOT OF CONCERN I THINK
FOR PEOPLE FOR MANY YEARS AND-
THE WORK THAT IT'S TAKING WHEN
YOU'RE DEALING WITH AN ISSUE
LIKE THAT- IS SO MUCH HARDER AND
IT'S SO MUCH MORE PRESSING TO
BRING PEOPLE TO THE POOR. AND TO
WORK OUT A COMPROMISE. THAT
IMPROVES THE OUTCOMES FOR
VICTIMS THAT ENSURES THAT
PEOPLE'S RIGHTS ARE PROTECTED
THAT UNDERSTANDS- THE
PERSPECTIVES AND EXPERIENCES OF
PEOPLE WITHIN THE SYSTEM- AND
THEN MOVES US FORWARD AND SO I
JUST AM SO GRATEFUL THAT YOU
ALL- SAT DOWN AT THE TABLE THAT
YOU LISTEN TO THAT YOU. CAME TO
THIS COMPROMISE I THINK FROM FOR
MANY PEOPLE FOR MANY YEARS THERE
WAS A SENSE THAT- IF THERE WAS
GOING TO BE CHANGE ON THIS IT
WASN'T GOING TO HAPPEN IN THIS
BUILDING- BUT IT HAPPENED
BECAUSE OF YOU ARE COMING
TOGETHER AND YOU ARE CONVENING
THEM SO I'M I'M I'M GRATEFUL
THAT THAT WE'RE GONNA BE MOVING
FORWARD HERE IN IN MAKING THESE
IMPORTANT CHANGES- THAT WILL
IMPROVE THIS LAW AND- AND THAT
IT WAS DONE. BY THE PEOPLE WHO
ARE STILL DIRECTLY IMPACTED BY
IT SO I'M PROUD TO BE HERE ON MY
FIRST THE FIRST DAY IN COMMITTEE
ABLE TO VOTE IN MY FIRST VOTING
COMMITTEE ON SOMETHING THAT IS
SO IMPORTANT AND SO IMPACTFUL-
AND HISTORIC IN MANY WAYS AND IT
HAPPENED BECAUSE OF THE RIGHT
PROCESS AND THE RIGHT
CONVERSATIONS WITH THE PEOPLE
WHO. LEAVE THE OUT. THANK YOU SO
. THANK YOU THIS WILL. THANK YOU
MISTER CHAIR. AND TO HIM FOR
HAPPY TO BE ON ON THE CAN AND
THE TO A ARE A NEW COLLEAGUE AS
A MEMBER- HANEY I JUST REFERENCE
THIS IS A- UP FAIRLY HISTORIC
DAY AND I WANT TO THANK THE
AUTHORS FOR HELPING TO BRING US
THERE- I THINK IT GOES WITHOUT.
THAT YOU COULDN'T OF DONE IT
ALONE YOU DID IT WITH THE- HELP
AND CONSENT OF THE- OF VARIOUS
PARTIES WHO ARE AFFECTED BY THIS
ISSUE IT'S BEEN A LONG TIME
COMING. IT HAS BEEN A DIVISIVE
ISSUE. THERE ARE. EQUITIES ON
BOTH SIDES OF IT- AND HI-
EXTREMELY PLEASED THAT YOU WERE
ABLE TO HELP BRING THE PARTIES
TO A- A SUCCESSFUL AGREEMENT AND
CONCLUSION THAT WERE HERE TO
ESSENTIALLY RATIFIED TODAY AND
TO- SO I THANK YOU TO EVERYONE.
WHO'S AND IN. I BRING THIS A
SUCCESSFUL. IT TO IT DOES- SHOW
THAT- IN OF THIS ISSUE'S BEEN
PERCOLATING FOR. MANY MANY YEARS
NOW OF THERE'S ALWAYS HOPE FOR
COMPROMISE AND TO- THAT'S WHAT
WE SHOULD ALWAYS SEEK AND ALWAYS
LOOK FOR SOME GLAD YOU WERE ABLE
TO BRING IT HOME. THANK YOU
OTHER QUESTIONS COMING TO THE
COMMITTEE. RIGHT TO THE AUTHORS
I WANT TO THANK YOU FOR.
REPRESENTING THIS AND IN
BRINGING THIS FORWARD AND TO THE
COALITION WHO BROUGHT THIS
TOGETHER. THIS IS REALLY BEEN
WHAT I TERMINATE AT AN
ENTRENCHED ISSUE EVERYBODY IN
THEIR TRENCHES AND UNWILLING TO
BUDGE AND YET. ANY LIMITATION ON
THE ECONOMICS OF HOW THE LEGAL
SYSTEM WORKS. AT SOME POINTS BY
ITS NATURE BECOMES AN IMPEDIMENT
TO ACCESS TO JUSTICE THAT IS
REALLY WHAT THIS HAS BECOME OVER
THE YEARS. SO IT THIS IS A
HISTORIC MOMENT THIS IS A
SIGNIFICANT STEP IN RECOGNIZING
. THEY THE STRENGTH OF
LEGISLATION AND WITH THE
LONGEVITY OR SOMETIMES A LACK OF
LONGEVITY OF LEGISLATION IN HOW
IT GETS IMPLEMENTED OVER TIME
AND I THINK THAT'S WHY THIS IS A
SIGNIFICANT SOLUTION NOT JUST
BECAUSE IT IS FINALLY BRINGING
TOGETHER WHAT HAD BEEN
ENTRENCHED INTERESTS AND HAVING
A CONVERSATION AND NOW OPENING
UP ACCESS TO JUSTICE BUT IT'S A
SOLUTION THAT THAT HAS A MUCH
MUCH LONGER HORIZON TO BE ABLE
TO BE EFFECTIVE IN TO BE
UTILIZED AND I THINK THAT'S THE
AT THE HEART. OF WHY THIS IS.
REALLY SO IMPORTANT IT'S
HISTORIC BECAUSE WE'VE BEEN ABLE
TO KIND OF BREAK THE LOGJAM BUT
ALSO BECAUSE IT IS A VERY WELL
CRAFTED THOUGHTFUL. SOLUTION
THAT LOOKS TO THE FUTURE AND-
VERY FRANKLY VERY PROUD TO BE
ABLE TO BE HERE AND BE A PART OF
THIS AND MAKE SURE THAT WE DO
OFFER THIS ALONG AND FOR THOSE
WHO SPOKE IN OPPOSITION AS WITH
ANYTHING THERE MAY VERY WELL BE
CLEAN UP LANGUAGE THIS IS NOT A
CONSENT ITEM BUT IT IS A
CONCURRENCE ITEM WHICH MEANS WE
ARE NOT ABLETO AMEND IT WITHOUT
SENDING IT BACK TO THE SENATE
BOTH HOUSES HAVE TO AGREE AT
EXACTLY THE SAME FORM THAT'S
WHAT WE ARE DOING HERE TODAY AND
FROM MY STANDPOINT THIS. BILL
IT'S CONSTRUCTION IT'S HISTORY
HOW IT CAME TOGETHER ABSOLUTELY
PASSES MUSTER FOR THIS COMMITTEE
AN OPENING VERY MUCH THAT WE
WILL PASS IT HERE TODAY THAT WE
WILL GET IT OFF THE FLOOR AND TO
THE GOVERNOR FOR SIGNATURE. ALL
RIGHT. CENTER OVER DID YOU HAVE
ANY CLOSING COMMENTS- WELL THANK
VERY MUCH MISTER CHAIR THANK YOU
MEMBERS THANK YOU FOR ELOQUENT
COMMENTS. UP THE SPECIAL THANKS
TO THE FAMILIES OF THOSE
IMPACTED FOR THEIR PASSION.
THERE THEIR PAIN USING THAT FOR
POSITIVE CHANGE SO THANK YOU
ALL- I WOULD SIMPLY URGE AN AYE
VOTE AND- LET'S GET THIS THE
GOVERNOR'S DESK AS SOON AS
POSSIBLE. THANK YOU MADAM.
MAJORITY LEADER. YOU GET THE
LAST WORD THANK YOU MISTER CHAIR
I THINK OF THE WORD HISTORIC IS
USED. TODAY AND IT IS
APPROPRIATE TO ITS THIS IS
MONUMENTAL. THE DIFFERENCES
BETWEEN THE PARTIES INVOLVED THE
STAKEHOLDERS HAS BEEN A- IT'S
MOVING WHENEVER WE'D BE ABLE TO
. AND RETURN AGREEMENT AND I AM
EVER SO GRATEFUL FOR THE
STAKEHOLDERS EVERY SINGLE ONE. I
DO WANT TO RECOGNIZE A SOLO OF
PHYSICIANS ND FOR THEIR
POSITION CERTAINLY- IMPORTANT
POINTS THAT THEY HAVE BROUGHT UP
AND THEIR IMPORTANCE. IN THE
PRACTICE OF MEDICINE. I
APPRECIATE THE COMMENTS ABOUT
THE- STATEMENTS OF BENEVOLENCE
THIS IS IMPORTANT- ARE
PHYSICIANS DO CARE ABOUT THEIR
PATIENTS THEY DO CARE THEY
RECOGNIZE SOMETIMES WHEN THERE
HAS BEEN AN ERROR BUT CANNOT
EXPRESS ANY REMORSE CANNOT
EXPRESS ANY COMMENTS AND THIS
WILL ALLOW THEM TO HAVE THAT
HUMANE ASPECT TO THEIR PRACTICE
WHICH IS PART OF WHO THEY ARE
ALSO. TO OUR PATIENTS WHO ARE
HERE WITH US. AND THE FAMILIES
OF THOSE PATIENTS WHO WHO
SUFFERED AS A RESULT OF THE
NEGLIGENCE I'M GRATEFUL TO THEM
FOR SHARING THEIR HURT SHARING
WHAT THEY EXPERIENCED SO THE WE
ALL RECOGNIZE JUST HOW IMPACTFUL
THIS LEGISLATION IS. I AM
GRATEFUL TO TAMMY SMACK. WHO
SPOKE ABOUT HER SON WHO TOLD US
ABOUT WHAT SHE SUFFERED WITH HER
FAMILY SUFFERED BECAUSE OF WHAT
HER SON WENT THROUGH. I'M
GRATEFUL TO DR WALES
REPRESENTING ALL OF THE
PHYSICIANS WITH THE CALIFORNIA
MEDICAL ASSOCIATION AND WHAT
THIS MEANS TO THEM NO NO
RESOLUTION IS EVER GOING TO BE
PERFECT WE KNOW THAT ESPECIALLY
AS ATTORNEYS. BUT WHEN WE GET TO
A POINT WHERE EACH ONE OF US
FEELS WE CAN LIVE WITH THAT
RESOLUTION WHEN I GOOD. TO
PETERS REPRESENT THE- THE
CONSUMER ATTORNEYS OF CALIFORNIA
I'M GRATEFUL TO HIM FOR ALL OF
THE WORK THAT HE'S DONE AND FOR
ALL OF THOSE ATTORNEYS WHO HE
REPRESENTS AND TO LISA MAAS
WHO'S WORKED TIRELESSLY ON THIS
ISSUE REPRESENTING THE
CALIFORNIA LIFE FOR PATIENT
PROTECTIONS. THIS IS A
PROTECTION FOR BOTH THE PATIENTS
AND THE PHYSICIANS AND I AM.
RIGHTFUL THAT THESE THESE NOT
JUST STAKEHOLDERS BUT THE
FAMILIES AND THE PATIENTS ARE
HERE WITH US TODAY. I THINK IT
REPRESENTS THREE THINGS AND
THESE ARE WORDS THAT HAVE BEEN
BROUGHT UP IN COMMENTS TODAY.
ACCESSIBILITY WE NEED TO HAVE
ACCESS TO OUR MEDICAL PROVIDERS
AFFORDABILITY AND THIS GOES TO
WHAT OUR PHYSICIANS HAVE TO PAY.
BUT IT'S ALSO ACCOUNTABILITY TO
MAKE SURE THAT WE DO HAVE
ACCOUNTABILITY FOR PATIENTS FOR
PHYSICIANS AND WITH THAT I WAS
RESPECT RESPECTFULLY. FOR YOUR
I. THEY YOU. WE DO HAVE A MOTION
AND A SECOND THAT MOTION IS TO
PASS. IT I'M SORRY CONCUR IN
SENATE AMENDMENTS KALRA PLEASE
STONE HI STONE AYE CUNNINGHAM
BLOOM BLOOM I DAVIES DAVIES HI
HANEY HANEY I KALRA. KALRA ICON
. KILEY I MAIENSCHEIN
MAIENSCHEIN AYE REYES HI RES I
RIVAS. RIVAS I SENATE AMENDMENTS
ARE CONCURRENT THANK YOU ALL
THANK YOU THAT IS OUR BUSINESS
FOR TODAY. OKAY AND WITH THAT WE
ARE RETURNS. THANK YOU MISTER
CHAIRMAN MEMBERS.