A California litigator proposing a ballot initiative to force insurance companies to pay for medical procedures has named the bill after the man accused of killing United Healthcare’s CEO last year — Luigi Mangione. 

The Luigi Mangione Access to Healthcare Act would prohibit insurers from being able to “delay, deny, or modify any medical procedure or medication (or reduce or deny payment for any medical procedure or medication) recommended by a treating or attending physician where the delayed denial or modification could result in disability, death, amputation, permanent disfigurement, loss, or reduction of any bodily function.”

The legislation would require insurance companies to have a physician determine whether denying, delaying, or modifying a claim is legitimate. Any decision not made by a physician would be considered a felony.

Rejection of a claim would be open to a lawsuit brought by a patient, and the burden of proof would be on the insurance company to explain why the procedure “is unnecessary or will not result (in) disability, death, amputation, and permanent disfigurement, or the loss or reduction of any bodily function.” Failure to prove the case would result in the insurer paying triple the damages and attorney’s fees. 

A retired civil litigator, Paul Eisner, told a local news station in Los Angeles that he named the legislation after Mr. Mangione because of the attention the initiative would get. “Sometimes things require publicity,” he said. 

The attorney general’s office responsible for ballot initiatives has set an April 25 deadline for public comment. It may also decide to change the name. The measure needs to gather 546,000 valid signatures from California registered voters to appear on the ballot in November 2026.”

The proposed initiative drew the expected opposition from a statewide trade group that represents insurers, the California Association of Health Plans.

“The lawyer behind this measure is trying to use a murder and act of terrorism to market his political agenda.  It is a repugnant action by anyone, but especially someone sworn to uphold the Constitution and law,” the group told CBS-8 news in Los Angeles. 

Mr. Mangione is facing four charges for the murder of United Healthcare’s CEO, Brian Thompson, who was gunned down at Manhattan in December. Similar to the ballot initiative, the words, “delay,” “deny,”  and “depose” were inscribed on the cartridge cases used during the shooting.

Mr. Mangione, who could receive the death penalty if convicted, has been vaunted as a folk hero by some who say he is defending the common man from corporate interests. A GiveSendGo fundraising campaign has earned more than $771,000 for his legal defense donated by more than 23,000 donors.