California Proposition 29, Dialysis Clinic Requirements Initiative (2022)
California Proposition 29 | |
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Election date November 8, 2022 | |
Topic Healthcare | |
Status | |
Type State statute | Origin Citizens |
California Proposition 29, the Dialysis Clinic Requirements Initiative, was on the ballot in California as an initiated state statute on November 8, 2022. The ballot measure was defeated.
A "yes" vote supported this ballot initiative to require dialysis clinics to have at least one physician, nurse practitioner, or physician assistant while patients are being treated; report data on dialysis-related infections; and not discriminate against patients based on the source of payment for care. |
A "no" vote opposed this ballot initiative to require dialysis clinics to have at least one physician, nurse practitioner, or physician assistant while patients are being treated; report data on dialysis-related infections; and not discriminate against patients based on the source of payment for care. |
Election results
California Proposition 29 |
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Result | Votes | Percentage | ||
Yes | 3,364,404 | 31.60% | ||
7,281,196 | 68.40% |
Overview
What would this ballot initiative have required of dialysis clinics?
- See also: Text of measure
Proposition 29 would have enacted staffing requirements, reporting requirements, ownership disclosure, and closing requirements for chronic dialysis clinics, including:[1]
- requiring clinics to have at least one physician, nurse practitioner, or physician assistant - with at least six months of experience with end-stage renal disease care - onsite during patient treatments;
- requiring clinics to report dialysis-related infections to the California Department of Public Health (CDPH);
- requiring clinics to provide patients with a list of physicians with an ownership interest of 5% or more in the clinic;
- requiring clinics to provide the CDPH with a list of persons with ownership interest of 5% or more in the clinic; and
- requiring clinics to obtain the CDPH's written consent before closing or substantially reducing services to patients.
The ballot initiative would have also prohibited clinics from refusing to care for a patient based on the patient's form of payment, whether the patient was an individual payer, the patient's health insurer, Medi-Cal, Medicaid, or Medicare.[1]
How did Proposition 29 relate to Proposition 23 (2020) and Proposition 8 (2018)?
- See also: Proposition 23 (2020) and Proposition 8 (2018)
In 2020, 63.4% of voters rejected Proposition 23, which was also sponsored by SEIU-UHW. Proposition 23 would have required chronic dialysis clinics to: have an on-site physician while patients are being treated; report data on dialysis-related infections; obtain consent from the state health department before closing a clinic; and not discriminate against patients based on the source of payment for care.[2]
In 2018, SEIU-UHW also sponsored Proposition 8, which was defeated with 59.9% of voters rejecting it. Proposition 8 would have required dialysis clinics to issue refunds to patients or patients' payers for revenue above 115% of the costs of direct patient care and healthcare improvements.[3]
Who supported and opposed Proposition 29?
- See also: Support and Opposition
Californians for Kidney Dialysis Patient Protection led the Kidney Patients Deserve Better campaign in support of Proposition 29. SEIU-UHW West was the primary sponsor and contributed over $7.97 million to the support committee. David Miller, research director of SEIU-UHW, said, "There’s just so much improvement that can be made, and there’s plenty of resources in the industry to make those improvements. That’s the tension: there’s enormous profitability, then you meet folks of enormous need, and you realize that some of that money should be diverted to patient care."[4]
Stop Yet Another Dangerous Dialysis Proposition led the campaign in opposition to Proposition 29. The committee reported nearly $74.6 million in contributions from DaVita Inc. and Fresenius Medical Care. The initiative was also opposed by the Republican Party of California, California Chamber of Commerce, and California Medical Association. The campaign said, "Since 2012, UHW has wasted $77.7 million of its members’ dues money funding 48 failed ballot initiatives across the country – many of which put patients and their members at risk. That amounts to more than $700 per UHW member that they’ve wasted on these failed and reckless efforts. This is the third ballot measure since 2018 sponsored by UHW targeting dialysis providers. Voters rejected Prop 8 in 2018 by 60% and Prop 23 in 2020 by 63%. It’s shameful that this union would continue to use vulnerable patients as pawns to advance their political agenda."[5]
Text of measure
The ballot title was as follows:[6]
“ |
Requires on-site Licensed Medical Professional at Kidney Dialysis Clinics and Establishes Other State Requirements. Initiative Statute.[7] |
” |
Petition summary
The summary provided for inclusion on signature petition sheets was as follows:[6]
“ |
Requires physician, nurse practitioner, or physician assistant, with six months’ relevant experience, on site during treatment at outpatient kidney dialysis clinics; authorizes exemption for staffing shortage if qualified medical professional is available through telehealth. Requires clinics to disclose to patients all physicians with clinic ownership interests of five percent or more. Requires clinics to report dialysis-related infection data to state. Prohibits clinics from closing or substantially reducing services without state approval. Prohibits clinics from refusing to treat patients based on source of payment.[7] |
” |
Fiscal impact
The fiscal impact statement was as follows:[6]
“ |
Increased state and local government costs likely in the low tens of millions of dollars annually.[7] |
” |
Full text
The full text of the ballot initiative is below:[1]
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 16, and the FRE is -1. The word count for the ballot title is 17.
The FKGL for the ballot summary is grade level 14, and the FRE is 20. The word count for the ballot summary is 84.
Support
Californians for Kidney Dialysis Patient Protection led the Kidney Patients Deserve Better campaign in support of Proposition 29.[8]
Supporters
Political Parties
- Democratic Party of California
- Peace and Freedom Party of California
Unions
Arguments
Official arguments
The following is the argument in support of Proposition 29 found in the Official Voter Information Guide:[9]
|
Opposition
Stop Yet Another Dangerous Dialysis Proposition led the campaign in opposition to Proposition 29.[10]
Opponents
Political Parties
Organizations
- American Academy of Nephrology PAs
- California Chamber of Commerce
- California Medical Association
- California Taxpayer Protection Committee
- National Hispanic Medical Association
Arguments
Official arguments
The following is the argument in opposition to Proposition 29 found in the Official Voter Information Guide:[11]
|
Campaign finance
The PAC Californians for Kidney Dialysis Patient Protection was registered to support the ballot initiative. The PAC raised over $7.9 million from the SEIU-UHW West.[12]
The PAC No on 29: Stop Yet Another Dangerous Dialysis Proposition was registered to oppose the ballot initiative. The PAC raised over $74.6 million in contributions.[12]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $7,960,667.45 | $17,899.06 | $7,978,566.51 | $7,928,804.85 | $7,946,703.91 |
Oppose | $74,557,628.58 | $0.00 | $74,557,628.58 | $83,254,732.52 | $83,254,732.52 |
Total | $82,518,296.03 | $17,899.06 | $82,536,195.09 | $91,183,537.37 | $91,201,436.43 |
Support
The following table includes contribution and expenditure totals for the committee in support of the initiative.[12]
Committees in support of Proposition 29 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Californians for Kidney Dialysis Patient Protection - Yes on 29 | $7,960,667.45 | $17,899.06 | $7,978,566.51 | $7,928,804.85 | $7,946,703.91 |
Total | $7,960,667.45 | $17,899.06 | $7,978,566.51 | $7,928,804.85 | $7,946,703.91 |
Donors
The following were the top donors to the committee.[12]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
SEIU-UHW West | $7,960,167.45 | $16,843.97 | $7,977,011.42 |
Oppose
The following table includes contribution and expenditure totals for the committee in opposition to the initiative.[12]
Committees in opposition to Proposition 29 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
No on 29: Stop Yet Another Dangerous Dialysis Proposition | $74,557,628.58 | $0.00 | $74,557,628.58 | $83,254,732.52 | $83,254,732.52 |
Total | $74,557,628.58 | $0.00 | $74,557,628.58 | $83,254,732.52 | $83,254,732.52 |
Donors
The following were the top donors to the committee.[12]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
DaVita, Inc. | $52,730,766.00 | $0.00 | $52,730,766.00 |
Fresenius Medical Care | $27,346,017.58 | $0.00 | $27,346,017.58 |
U.S. Renal Care Inc. | $5,930,845.00 | $0.00 | $5,930,845.00 |
Satellite Healthcare, Inc. | $250,000.00 | $0.00 | $250,000.00 |
Dialysis Clinic Inc. | $100,000.00 | $0.00 | $100,000.00 |
Media editorials
- See also: 2022 ballot measure media endorsements
Ballotpedia identified the following media editorial boards as taking positions on Proposition 29.
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Ballotpedia did not identify media editorial boards in support of the ballot measure.
Opposition
Background
California Proposition 8 (2018)
In 2018, the campaign Californians for Kidney Dialysis Patient Protection supported a ballot initiative to require dialysis clinics to issue refunds to patients or patients' payers for revenue above 115% of the costs of direct patient care and healthcare improvements.[13] On the ballot as Proposition 8, 59.9% of voters rejected the proposal. On November 7, 2018, Californians for Kidney Dialysis Patient Protection announced that a similar ballot initiative would be filed for 2020.[3]
The committees in support or opposition of Proposition 8 had raised a combined $130.43 million, making the ballot measure the most expensive of 2018. The SEIU-UHW West sponsored Californians for Kidney Dialysis Patient Protection, which raised $18.94 million. The California Democratic Party and California Labor Federation supported the campaign. Opponents, organized as Patients and Caregivers to Protect Dialysis Patients, raised $111.48 million, with DaVita and Fresenius Medical Care North America providing 90% of the campaign's funds.[12]
California Proposition 23 (2020)
In 2020, the SEIU-UHW West launched a new campaign for a ballot initiative to have a minimum of one licensed physician present at the clinic while patients are being treated; report data on dialysis-related infections to the state health department and National Healthcare Safety Network (NHSN); and provide a written notice to the state health department and obtain consent from the state health department before closing a chronic dialysis clinic.[2] At the election on November 3, 2020, 63.4% of voters rejected the ballot initiative.[14]
Proposition 23 saw $114.23 million raised between supporters and opponents. The Californians for Kidney Dialysis Patient Protection PAC raised $8.99 million from the SEIU-UHW West. The Stop the Dangerous & Costly Dialysis Proposition PAC was registered to oppose the ballot initiative. The committee had raised $105.24 million, with $66.8 million from DaVita, Inc. and $29.8 million from Fresenius Medical Care.[12]
Conflict between labor and dialysis businesses
Propositions 8 and 23 established a new front in the conflict between the SEIU-UHW West, a labor organization, and the state's two largest dialysis businesses DaVita and Fresenius Medical Care.
The SEIU-UHW West said workers at dialysis clinics had been attempting to unionize since 2016, but that their employers were retaliating against pro-union employees.[15] Kent Thiry, CEO of DaVita, argued that "Proposition 8 puts California patients at risk in an effort to force unionization of employees."[16][17] Kathy Fairbanks, an opposition spokesperson, similarly stated, "[Sponsors] want to bring the dialysis community to the table and unionize it. This is just leverage."[18] Wherley, a spokesperson for the SEIU-UHW West, contended that dialysis workers "want these [initiative] reforms regardless of what happens with their union efforts."[19] Dave Regan stated, "The reason Prop. 8 is on the ballot is because they have a terrible business model and they’re gouging patients and insurers."[16]
Jim Miller, a columnist for The Sacramento Bee, and Melanie Mason, a state politics journalist for the Los Angeles Times, both stated that the ballot initiative would also provide the SEIU-UHW West with leverage over legislation to enact new regulations on dialysis clinics in the California State Legislature.[19][20] Wherley said the union was taking a two-pronged approach, wanting to make "sure we have as many options available as possible."[19] In 2017, legislation was introduced, but not passed, to require staff-patient ratios in dialysis clinics and, like the ballot initiative, limit the revenue of businesses.[21][22][23][19][24]
What is dialysis treatment?
Dialysis is a medical treatment that removes waste products and excess fluids and chemicals from a person's bloodstream. Dialysis is recommended when a person's kidneys lose most of their function. Kidneys filter a person's blood, removing wastes, excess water, and surplus chemicals and nutrients. The substances removed from the bloodstream are deposited in the bladder and discharged as urine.[25][26][27]
There are two main types of dialysis treatment—hemodialysis and peritoneal dialysis.
- Hemodialysis: Before hemodialysis treatments can begin, surgeons create an access point, typically in an arm, to allow technicians to remove blood for treatments. Tubing is attached to allow blood to be pumped between the access point and a hemodialyzer machine, also known as an artificial kidney machine. The machine filters the blood and adds a solution to help remove waste. How often a person needs hemodialysis treatment can vary. According to the National Kidney Foundation, hemodialysis treatments usually occur three times per week and take around four hours each time.[28][29]
- Peritoneal dialysis: Surgeons insert a catheter into the lining of a person's abdomen. The treatment involves pumping a solution into the abdomen. The solution absorbs wastes and uses the lining of the abdomen as a filter. A few hours after the solution has been pumped into the abdomen, the catheter is reopened to allow the solution to drain. Peritoneal dialysis typically occurs three to five times every day, with each treatment taking about 30 to 40 minutes, according to the National Kidney Foundation.[30][31]
Path to the ballot
Process in California
In California, the number of signatures required for an initiated state statute is equal to 5 percent of the votes cast in the preceding gubernatorial election. Petitions are allowed to circulate for 180 days from the date the attorney general prepares the petition language. Signatures need to be certified at least 131 days before the general election. As the verification process can take multiple months, the secretary of state provides suggested deadlines for ballot initiatives.
The requirements to get initiated state statutes certified for the 2022 ballot:
- Signatures: 623,212 valid signatures were required.
- Deadline: The deadline for signature verification was 131 days before the general election, which was around June 30, 2022. However, the process of verifying signatures can take multiple months and proponents are recommended to file signatures at least two months before the verification deadline.
Signatures are first filed with local election officials, who determine the total number of signatures submitted. If the total number is equal to at least 100 percent of the required signatures, then local election officials perform a random check of signatures submitted in their counties. If the random sample estimates that more than 110 percent of the required number of signatures are valid, the initiative is eligible for the ballot. If the random sample estimates that between 95 and 110 percent of the required number of signatures are valid, a full check of signatures is done to determine the total number of valid signatures. If less than 95 percent are estimated to be valid, the initiative does not make the ballot.
Initiative #20-0013
Sean Fleming and Jonathan Everhart filed the ballot initiative on August 24, 2021. The attorney general of California issued ballot language for the initiative on October 29, 2021, allowing a signature drive to begin. Signatures were due on April 27, 2022. Proponents reported collecting 25% of the required signatures (155,803) on January 24, 2022.[32]
The initiative campaign submitted 1,018,730 raw signatures.[33]
On June 20, 2022, the secretary of state reported that the random sample concluded that 725,890 signatures were valid.[34]
Sponsors of the measure hired Kimball Petition Management to collect signatures for the petition to qualify this measure for the ballot. A total of $13,374,336.75 was spent to collect the 623,212 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $21.46.
How to cast a vote
- See also: Voting in California
See below to learn more about current voter registration rules, identification requirements, and poll times in California.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 California Attorney General, "Initiative 21-0013," August 25, 2021
- ↑ 2.0 2.1 California Attorney General, "Initiative 19-0025," December 3, 2019
- ↑ 3.0 3.1 Healio, "California voters defeat initiative to control dialysis profits," November 7, 2018
- ↑ The Sacramento Bee, "Dialysis reform will be on the California ballot yet again. Does it stand a chance?" June 22, 2022
- ↑ No Dialysis Prop, "Get the Facts," accessed August 24, 2022
- ↑ 6.0 6.1 6.2 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed October 20, 2021
- ↑ 7.0 7.1 7.2 7.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Kidney Patients Deserve Better, "Home," accessed April 12, 2022
- ↑ California Secretary of State, "Official Voter Information Guide," accessed October 23, 2022
- ↑ Stop Yet Another Dangerous Dialysis Proposition, "Home," accessed April 12, 2022
- ↑ California Secretary of State, "Official Voter Information Guide," accessed October 23, 2022
- ↑ 12.0 12.1 12.2 12.3 12.4 12.5 12.6 12.7 Cal-Access, "Campaign Finance," accessed February 1, 2022
- ↑ California Attorney General, "Initiative 17-0014," September 13, 2017
- ↑ Los Angeles Times, "Prop. 23, which would have imposed new regulations on dialysis industry, fails," November 3, 2020
- ↑ PR Newswire, "California Assembly Speaker Urges Dialysis Company to Stop Retaliating Against Workers Who Support Union, Improving Patient Care, Reports SEIU-UHW," June 29, 2017
- ↑ 16.0 16.1 Los Angeles Times, "More than $100 million spent on battle over dialysis industry profits in California," October 29, 2018
- ↑ The Sacramento Bee, "Union’s hardball tactics put dialysis patients in the crossfire," March 22, 2018
- ↑ CAL Matters, "In California, a fight over clinics for kidney patients," May 30, 2018
- ↑ 19.0 19.1 19.2 19.3 Los Angeles Times, "While dialysis clinic battle brews at state Capitol, healthcare workers look to the ballot," August 9, 2017
- ↑ The Sacramento Bee, "Health care workers union pushing dialysis bill looks to ballot," August 9, 2017
- ↑ The Sacramento Bee, "Union-backed dialysis clinic bill shelved by California lawmaker," September 8, 2017
- ↑ Healio, "Dialysis companies would rebate payers excess revenue under proposed California bill," July 10, 2017
- ↑ Politico, "California union leverages ballot initiatives for health care on its own terms," February 5, 2018
- ↑ Los Angeles Times, "Deal reached to boost California's minimum wage to $15, avoiding ballot box battle," March 26, 2016
- ↑ U.S. Department of Health and Human Services, "Your Kidneys & How They Work," accessed August 4, 2018
- ↑ U.S. National Library of Medicine, "Dialysis," accessed August 4, 2018
- ↑ National Kidney Foundation, "Dialysis," accessed August 4, 2018
- ↑ U.S. Department of Health and Human Services, "Hemodialysis," accessed August 4, 2018
- ↑ National Kidney Foundation, "Hemodialysis," accessed August 4, 2018
- ↑ U.S. Department of Health and Human Services, "Peritoneal Dialysis," accessed August 4, 2018
- ↑ National Kidney Foundation, "Peritoneal Dialysis," accessed August 4, 2018
- ↑ California Secretary of State, "Initiatives," accessed January 24, 2022
- ↑ California Secretary of State, "Random Sample," accessed May 9, 2022
- ↑ California Secretary of State, "Final Random Sample," accessed May 9, 2022
- ↑ California Secretary of State, "Section 3: Polling Place Hours," accessed August 12, 2024
- ↑ California Secretary of State, "Voter Registration," accessed August 13, 2024
- ↑ 37.0 37.1 California Secretary of State, "Registering to Vote," accessed August 13, 2024
- ↑ California Secretary of State, "Same Day Voter Registration (Conditional Voter Registration)," accessed August 13, 2024
- ↑ SF.gov, "Non-citizen voting rights in local Board of Education elections," accessed November 14, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ California Secretary of State, "What to Bring to Your Polling Place," accessed August 12, 2024
- ↑ BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS, "Section 20107," accessed August 12, 2024
- ↑ Democracy Docket, "California Governor Signs Law to Ban Local Voter ID Requirements," September 30, 2024
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