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As reported in last week's Policy Pulse enewsletter, the Colorado Trial Lawyers Association has filed two ballot measures to eliminate Colorado’s non-economic damages cap altogether and remove peer review confidentiality protections. This attack would significantly increase the cost of liability insurance for all health care providers and have a ripple effect on the cost of and access to health care for all Coloradans.  

Colorado Medical Society, COPIC, the Colorado Hospital Association, and the entire House of Medicine is fighting back. Working as a coalition through Coloradans Protecting Patient Access (CPPA), we have filed counter ballot measures and are pursuing a proactive policy at the State Capitol this legislative session. 

Legislative fix 

Last night, the CMS Council on Legislation voted to support Senate Bill 24-130, sponsored by CMS Defender of Medicine award winner Sen. Kyle Mullica, that will increase the medical non-economic damage cap to $500,000 over the next five years. This bill is a reasonable and balanced approach given that caps have not changed in 20 years and Colorado has the fifth lowest caps in the nation. The bill will provide fair and just compensation in medical liability cases, while also ensuring accessibility, affordability, and stability in Colorado’s health care system. Getting it passed in the legislature is a priority. 

Keeping our health care environment healthy means increasing caps to a reasonable level, while ensuring caps are not eliminated altogether. We know that if the medical non-economic damage cap is set too high or eliminated, liability insurance becomes unaffordable for providers and health care organizations, driving them out of the state. This impacts access to care (especially in rural areas and for high-risk patients requiring specialty care), dramatically increases health care costs, and hurts our business environment.  

Ready for November 

While we drive forward with a legislative strategy, we also need to prepare for a November ballot initiative battle. We must immediately raise critical funds to fuel a robust statewide ballot campaign to defeat both trial lawyer ballot Initiatives and to pass those introduced by the CPPA coalition. Victory will take the combined financial support of the entire health care industry. There are no restrictions on who can donate (individuals or businesses) or how much can be donated. Please reach out to your colleagues, employers, business associates, friends, and family to invest in this fight. Act now! To donate: 

• Send a check made out to the Colorado Medical Society with Liability Defense Fund written in the memo section, to 7351 E. Lowry Blvd, Suite 110, Denver, CO 80230. 
• Or call the CMS offices at 720-859-1001 Monday-Friday 8:30 a.m.-5 p.m. to make a secure contribution using your credit card. 

Stay tuned for more information.  

Announcing candidates for 2024 CMS Election

Provide comments to the Nominating Committee by Feb. 21

Colorado physicians have self-nominated for CMS President-elect and AMA Delegation in advance of the 2024 CMS Election in August 2024. Now, the CMS Nominating Committee will now meet to vet and approve all nominees and present a report to the CMS Board of Directors in March for their approval. Send any comments you have about the candidates to CMS CEO Dean Holzkamp by Feb. 21.

President-elect

• Brigitta Robinson, MD, FACS
• Darlene Tad-y, MD

AMA Delegation

• Dave Downs, MD, FACP, incumbent
• Mark Johnson, MD, MPH, incumbent
• Rachelle Klammer, MD, incumbent
• Lee Morgan, MD, incumbent

Webinar: Opioid best practices, Naloxone training and more

The Colorado Medical Society, Colorado Consortium, Naloxone Project, and CDPHE Medication Take-Back Program will host an informational webinar Tuesday, March 5 at 12 p.m. You will learn:

• MATE/DEA CME requirements for providers and where to obtain free CME
• How to administer the opioid overdose reversal drug Naloxone
• How your office an get free Naloxone
• Resources for safe medication disposal

All practice staff are welcome! Register here to attend this free program live or receive the link to the on-demand recording.

Colorado physicians can help MHMS raise money for Blackwood scholarship

The Mile High Medical Society (MHMS), with support from the Colorado Medical Society, asks physicians to donate to the Charles J. Blackwood, MD, Endowed Memorial Scholarship Fund at the University of Colorado School of Medicine (CUSOM). The scholarship is named for the late Charles J. Blackwood, MD, who in 1947 became the first African American graduate of CUSOM, and aims to help develop a more diverse, inclusive health care workforce for Colorado's underserved communities. MHMS is working toward a milestone match and must raise a significant sum before June 30, 2024. Find more information and donate online here.

Join the March cohort: Health Equity Champions Program

Join a cohort of peers for a three-month journey to deepen your equity knowledge and skills. In partnership with the Colorado Academy of Family Physicians, this opportunity has been opened to all CMS members as well as CAFP members. Receive hand-selected materials delivered to your inbox weekly, plus participate in monthly cohort debrief sessions to receive a certificate and 16.5 CME credits. The next cohort begins March 11 and registration is open. The cost for non-CAFP members is $500. Take the next step.

Empowering Colorado parents: Medication disposal for safer homes

Medication safety is a shared responsibility. Guide your patients in the proper disposal of unused medications to reduce the risk of misuse and accidents. Find your nearest drop box at TakeMedsSeriously.org/safe-disposal. More information here.

An easier way to keep pets safe starts in your medicine cabinet.

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