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Prop 34 | Medi-Cal Rx Program to Spend 98% of Revenues on Patient Care Initiative

California Proposition 34. Officially titled the Require Certain Participants in Medi-Cal Rx Program to Spend 98% of Revenues on Patient Care Initiative (#23-0021), this measure will be on the ballot on November 5, 2024.


What's Proposition 34 About?

Proposition 34 aims to ensure that health care providers participating in the Medi-Cal Rx Program prioritize patient care. Here’s a snapshot of what a “yes” vote entails:


  • Mandatory Spending on Patient Care: Health care providers that have spent over $100 million on non-patient care activities over a decade and operate multifamily housing with significant health and safety violations must allocate 98% of their revenues from the federal discount prescription drug program directly to patient care.

  • Penalties for Non-Compliance: Violators would face severe penalties, including losing their tax-exempt status and licenses to operate health insurance plans, pharmacies, and clinics.

  • Permanent Medi-Cal Rx Authorization: The initiative would permanently enshrine the Medi-Cal Rx program in state law.


Conversely, a “no” vote means opposing these regulations and penalties on health care providers regarding their spending from the federal discount prescription drug program.


Key Points of Proposition 34

The “Prescription Drug Price Manipulator” Tag

Under Proposition 34, a new classification, prescription drug price manipulators, will be established. Entities falling under this category must meet strict annual requirements to retain their tax-exempt status and operating licenses. They are mandated to:


  • Spend at least 98% of their revenues from the federal discount prescription drug program on direct patient care.


Real Estate and Healthcare Intersection

This measure notably intersects with the real estate industry’s ongoing battle with the AIDS Healthcare Foundation (AHF). The California Apartment Association (CAA), which has long opposed AHF's advocacy for stricter rent control laws, is a major sponsor of this initiative.


Background on the AIDS Healthcare Foundation

AHF, known for its extensive chain of pharmacies and clinics generating around $2 billion annually, has also ventured into the housing sector, spending over $300 million on rent control initiatives and apartment acquisitions. Critics argue that AHF has strayed from its core mission of assisting individuals with HIV/AIDS by funneling resources into housing and rent control campaigns.


Why Proposition 34?

The CAA asserts that Proposition 34 will:


  • Enhance patient care by ensuring more funds are directed toward it.

  • Permanently allow the state to negotiate Medi-Cal drug prices, purportedly saving billions annually and reducing the need for tax increases on the real estate industry.

The real estate group's Protect Patients Now committee has also targeted AHF and its president, Michael Weinstein, accusing them of misusing taxpayer money for personal and political agendas, including rent control measures that they claim obstruct housing construction.


Analysis and Implications


For Healthcare Providers

Proposition 34 introduces stringent financial regulations for healthcare providers involved in the Medi-Cal Rx Program, emphasizing transparency and prioritizing patient care. The penalties for non-compliance could be a game-changer, potentially altering the operational dynamics of many large healthcare organizations.


If passed, Proposition 34 could set a precedent for similar measures nationwide, pushing healthcare organizations to allocate more resources directly to patient care. The permanent authorization of Medi-Cal Rx could also mean long-term stability and savings for the state’s healthcare system, potentially influencing policy decisions in other states.

Stay tuned for more updates and analyses as we continue to navigate the evolving landscape of healthcare in California.

 

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