Prop. 12 Gets Nod-Next Steps for AARP
By: Source: AARP.org Date Posted: 2003-10-09 17:26:00-04:00
Looking Beyond the Passage of Proposition 12
Perhaps the most contentious constitutional amendment issue to come before Texas voters was resolved on Sept. 13. Proposition 12 was passed by Texas voters with a very slim margin, 50.2% to 49.8%. Although AARP is disappointed that our efforts to vote down Proposition 12 were not successful, the closeness of the vote shows that we were indeed successful in making Texans aware of what proposition 12 was all about.
We believe the impact of our efforts will pay dividends when future state legislatures look to set arbitrary limits or caps on non-economic damages in other types of civil cases. The narrow margin of the vote sends a clear signal to our state's elected officials that Texans want them to proceed with caution. AARP will be there to ensure future debates on caps on non-economic damages result in fair, judicious and reasonable limits.
AARP opposition to Proposition 12 was rooted in the experience that we have gained as the champion for nursing home quality and residents' rights in our state. There should be accountability when a nursing home resident, or anyone else for that matter, is injured, harmed or worse due to negligence. Proposition 12 removes or severely limits accountability for health care providers and others. It has the potential to take away the incentive to provide quality and safety in services and products that Texans use every day.
Additionally, throughout the campaign on Proposition 12, AARP pointed out that we clearly understood the crisis that our state's doctors had been facing: skyrocketing medical malpractice insurance rates. The only way these rates will come down is through reform of the medical malpractice insurance industry. Unless and until reforms are put in place--doctors, hospitals, nursing homes and other health care providers will almost assuredly not see an end to the exorbitant cost of medical liability insurance in Texas.
AARP Texas has always maintained that Texas doctors and other health care providers are paying too much for medical liability insurance in Texas. We simply worked to point out that Proposition 12 would not solve the problems of doctors and other health care providers and that Texas voters should look into the issue carefully before voting. We are pleased at the 12% statewide turnout (three times the typical vote on constitutional amendments), and AARP will continue to work on issues that improve and enhance the health and safety of all Texans.