California employers in the health care industry should prepare for increased scrutiny of executive compensation as a new statewide initiative heads toward the November 3, 2026, General Election ballot.
The California Secretary of State announced that Initiative 1985, formally titled “Limits Compensation for Health Care Executives, Managers, and Administrators. Initiative Statute,” became eligible for the ballot on May 12, 2026.
The measure, known as the Health Care Executive Compensation Act of 2026, would prohibit certain hospitals and medical entities from paying executives, managers, and administrators more than $450,000 in total annual compensation or severance payments. The cap would increase annually by the lesser of 3.5 percent or the applicable Consumer Price Index adjustment. The initiative text defines “total annual compensation” broadly to include salary, wages, paid time off, bonuses, incentive payments, lump-sum cash payments, stock options or awards, housing, transportation, travel, meals, entertainment, social club memberships, severance, insurance payments, and other benefits, subject to limited exclusions.
For health care employers, the measure’s scope is significant. It would apply to covered hospitals and medical entities, including general acute care hospitals, acute psychiatric hospitals, parts of integrated health care delivery systems, and physician groups. It would also reach both nonprofit and for-profit entities, including foreign corporations operating covered facilities in California. The initiative excludes certain facilities, including those operated or licensed by the U.S. Department of Veterans Affairs and public hospitals as defined in the measure, although health care district hospitals are treated separately and may be covered.
The proposal is not limited to employees. It would apply regardless of whether the individual exercising executive, managerial, or administrative authority is or was employed by the covered entity, including where the person provides services under a contract or subcontract. This provision may affect management services agreements, consulting arrangements, interim executive placements, and affiliated-entity staffing structures.
The measure also provides that the cap would not apply to medical or health care professionals whose primary duties involve medical services, research, direct patient care, or other nonmanagerial, nonexecutive, and nonadministrative services.
If approved, the compensation limits would become operative January 1 of the calendar year following the election. The measure also states that it would apply notwithstanding contracts entered before the effective date and that any scheme or artifice designed to avoid the limits would constitute a violation. Employers may wish to review existing executive agreements, deferred compensation arrangements, severance provisions, incentive compensation plans, retention bonuses, and benefit programs well before the election.
The initiative would also impose annual reporting obligations. Covered entities would have to report to the Attorney General information about individuals receiving compensation or severance exceeding the limit, including detailed breakdowns of wage and non-wage compensation. For nonprofit entities, board approval of the annual report would be required before submission, and the report would need to be attested to under penalty of perjury.
Jackson Lewis will continue to monitor this ballot measure. If you have questions about the ballot measure or related issues, contact a Jackson Lewis attorney to discuss.