California Supreme Court Rejects Attempt to Prevent Californians from Voting on Initiative to Regulate the Dialysis Industry

On June 13, 2018, the California Supreme Court denied a petition for writ of mandate filed by the dialysis industry seeking to bar from California’s November general election ballot an initiative (now known as Proposition 8) designed to improve the quality and affordability of chronic dialysis care that is critical to more than 66,000 Californians.  If enacted, Proposition 8 will provide financial incentives to the industry – which is dominated in California by two multinational, for-profit corporations – to invest in necessary health care quality improvements or to bring the companies’ profits into a reasonable relationship with the actual costs of providing quality treatment.  More than half a million Californians signed a petition expressing their support for placing Proposition 8 on the ballot.

Less than two weeks after the dialysis industry filed its extraordinary writ petition in the state Supreme Court, attorneys from Altshuler Berzon LLP submitted a detailed opposition on behalf of the initiative’s proponents, successfully urging the Court to summarily deny the writ petition and to allow the people of California to vote on the initiative.