California Regulate Insurer's Delay or Denial of Care Initiative (2026)
| California Regulate Insurer's Delay or Denial of Care Initiative | |
|---|---|
 | |
| Election date November 3, 2026 | |
| Topic Healthcare and Insurance | |
| Status Pending official review | |
| Type State statute | Origin Citizens |
The California Regulate Insurer's Delay or Denial of Care Initiative (#25-0002A1) may appear on the ballot in California as an initiated state statute on November 3, 2026.
The initiative would prohibit health insurers from delaying, denying, or modifying medical procedures or medications—or payment for them—recommended by a treating or attending physician if such actions could result in serious harm, including disability, death, amputation, permanent disfigurement, or loss of bodily function.[1]
In a lawsuit, the insurer would bear the burden of proving by clear and convincing evidence that the procedure or medication was unnecessary or would not result in serious harm. If the insurer failed to meet this burden, it would be liable for treble damages and attorney fees.[1]
Text of measure
Ballot title
The ballot title is as follows:[2]
| “ | Restricts Insurance Denials for Physician-recommended Medical Care. Increases Insurers’ Potential Liability. Initiative Statute.[3] | ” |
Petition summary
The summary provided for inclusion on signature petition sheets is as follows:[2]
| “ | Prohibits health insurers from delaying, denying, or modifying physician-recommended medical care if doing so could seriously harm the patient. Permits only licensed physicians to make coverage decisions. In lawsuits challenging coverage decisions, places burden on insurer to prove it did not violate the law; awards triple damages and attorney’s fees for violations. The measure does not define key terms (e.g., “insurer”, “medical procedure”) and its full scope therefore is uncertain and may be subject to litigation.[3] | ” |
Full text
The full text of the measure can be read here.
Path to the ballot
An initiated state statute is a citizen-initiated ballot measure that amends state statute. There are 21 states that allow citizens to initiate state statutes, including 14 that provide for direct initiatives and nine (9) that provide for indirect initiatives (two provide for both). An indirect initiated state statute goes to the legislature after a successful signature drive. The legislatures in these states have the option of approving the initiative itself, rather than the initiative appearing on the ballot.
In California, the number of signatures required for an initiated state statute is equal to 5% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
The requirements to get initiated state statutes certified for the 2026 ballot:
- Signatures: 546,651 valid signatures are required.
- Deadline: The deadline for signature verification is June 25, 2026. However, the secretary of state suggested deadlines for turning in signatures of January 12, 2026, for initiatives needing a full check of signatures and April 17, 2026, for initiatives needing a random sample of signatures verified.
Stages of Initiative #25-0002
The following is the timeline of the initiative:
- March 26, 2025: Paul Eisner filed the ballot initiative.[4] The ballot initiative was titled the Luigi Mangioni Access to Health Care Act. Eisner said he named the proposal after Mangioni to bring "attention for it, which it definitely has done."[5]
- April 8, 2025: Paul Eisner filed an amended version of the ballot initiative. Eisner removed the name Luigi Mangioni Access to Health Care Act.[6]
- June 2, 2025: The office of Attorney General Rob Bonta (D) issued the official title and summary for the proposed initiative. This action allowed supporters to begin collecting signatures.[2][7]
See also
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External links
Footnotes
- ↑ 1.0 1.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedtext - ↑ 2.0 2.1 2.2 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed January 24, 2025
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ California Attorney General, "Initiatives Pending Review," accessed November 26, 2024
- ↑ Newsweek, "Luigi Mangione-Inspired Ballot Initiative Targets Health Insurance Denials," March 30, 2025
- ↑ California Attorney General, "Initiative 25-0002 Amdt. 1," accessed June 3, 2025
- ↑ KGET, "California measure to limit insurer denials OK’d to gather signatures," June 3, 2025
