California Legislature Considering New Workers’ Compensation Laws

The following workers’ compensation bills are currently pending before the California legislature:

  • Assembly Bill No. 2086 (AB2086) would again recognize neuropsychology as a separate and distinct specialty for qualified medical evaluators for the appropriate assessment of traumatic brain injuries.

*As of April 27, 2016, the Senate Appropriations Committee had approved this bill.

  • Assembly Bill No. 2710 (AB2710) would no longer require an insurer to become insolvent in order for CIGA to collect premium payments from the member insurers and would require CIGA to collect premiums in order to secure funds for the payment of its administrative expenses.
  • Assembly Bill No. 2883 (AB2883) would require the commission to conduct, or contract for the conduct of, a feasibility study regarding the extent to which physicians’ requests for authorization of medical treatment for injured employees may be processed using an entirely paperless system. The bill would provide that the primary focus of the feasibility study shall be to determine whether the change to a paperless system would reduce time required to provide medical treatment services to injured employees.
  • Senate Bill No. 897 (SB897) would allow certain employees of local agencies, including police officers, firefighters, and sheriffs, an additional year of leave of absence without loss of salary when injured by a catastrophic injury. The injury must have been incurred during duty and through the direct result of the actions of another.
  • Senate Bill No. 914 (SB914) would delete the authorization to use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice guidelines as standards for those independent medical reviews.
  • Senate Bill No. 1160 (SB1160) covers utilization review (UR) plans and guidelines for medical treatment decisions. The bill provides that, if the specific clinical topic for an injury covered by the Medical Treatment Utilization Schedule has not been updated in five or more years, authorization of treatment shall be in accordance with more recent evidence-based medical treatment guidelines that are recognized generally by the national medical community and are scientifically based. Commencing July 1, 2018, this bill would require each utilization review plan to be accredited by an independent, nonprofit organization to certify that the UR process meets specified criteria, including, but not limited to, timeliness in issuing a UR decision, the scope of medical material used in issuing these decisions, and having a policy to prevent financial incentives to doctors and other providers rendering UR decisions.

*As of April 27, 2016, the Senate Appropriations Committee sent this bill to its suspense file due to projections that the Division of Industrial Relations would incur very high costs to implement the bill’s provisions.

  • Senate Bill No. 1175 (SB1175) would require for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require that all bills for medical-legal evaluations or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrator director.
  • Senate Bill No. 1379 (SB1379) would require that specified information regarding the certification of an interpreter, for a deposition under these provisions, be stated on the record and verified by the board or judge ordering deposition, or by the party giving the deposition testimony, or his or her representative.

*As of April 27, 2016, the Senate Appropriations Committee sent this bill to its suspense file due to projections that the Division of Industrial Relations would incur very high costs to implement the bill’s provisions.

Boehm will keep you posted regarding the proposed legislation listed above.

 

ANGELOTTI  CASE UPDATE

On April 18, 2016, the Division of Industrial Relations (DIR) filed with the U.S. Supreme Court its brief in opposition to the lien claimants’ Petition for Writ of Certiorari. Initially, the DIR had waived its right to respond. However, the Supreme Court indicated it wished to receive a response from the DIR. At this time, the matter remains pending, and the Supreme Court has not yet rendered a decision whether to grant review of the lien claimant’s petition.

Boehm will continue to provide updates regarding significant developments.