California 2013-2014 Regular Session Status: Enacted

AB 2732 — Workers' compensation.

Last action — Chaptered by Secretary of State - Chapter 217, Statutes of 2014.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2014. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law generally provides for the reimbursement of medical providers for services rendered in connection with the treatment of a worker's injury, and requires an employer to establish a medical treatment utilization review process, in compliance with specified requirements. Existing law provides for an independent medical review process to resolve disputes over a utilization review decision for injuries occurring on or after January 1, 2013, and for any decision that is communicated to the requesting physician on or after July 1, 2013, regardless of the date of injury. Under existing law, as part of its notification to the employee regarding an initial utilization review decision that denies, modifies, or delays a treatment recommendation, an employer is required to provide the employee with a one-page form prescribed by the administrative director, and an addressed envelope, which the employee may return to the administrative director or the administrative director's designee to initiate an independent medical review. Under existing law, an employer is required to include on this form any information required by the administrative director to facilitate the completion of the independent medical review. Existing law specifies the required contents of the form. This bill would revise the requirements applicable to utilization review procedures by changing the maximum length of the above-described form to 2 pages. (2) Existing law authorizes the Workers' Compensation Appeals Board to determine and allow as liens against any sum to be paid as compensation, certain amounts, including, but not limited to, reasonable medical treatment expenses, except those disputes subject to independent medical review or independent bill review. This bill would include in those amounts that the board is authorized to allow as liens certain medical-legal expenses to which the employee is entitled under a specified provision for the purpose of proving or disproving a disputed claim. (3) Existing law requires that a lien claimant in a workers' compensation matter is entitled to an order or award for reimbursement of a lien filing fee or lien activation fee, together with interest at the rate allowed on civil judgments, if certain conditions are satisfied. This bill would specify that these fees are to be paid by the employer of the injured worker. (4) Existing law requires an order or award for payment of a lien for medical or hospital treatment in a workers' compensation matter to be made for payment only to the person who was entitled to payment for the expenses for medical or hospital treatment at the time the expenses were incurred, and not to an assignee unless the person has ceased doing business in the capacity held at the time the expenses were incurred and has assigned all right, title, and interest in the remaining accounts receivable to the assignee. This bill would authorize an assignment of that payment if the assignment was completed prior to January 1, 2013, or if it was required by a contract that became enforceable and irrevocable prior to January 1, 2013. The bill would state that this provision is declarative of existing law. (5) Existing law authorizes an injured worker to institute proceedings for the collection of compensation, including vocational rehabilitation services, within 5 years after the date of the injury upon the ground that the original injury has caused new and further disability or that providing vocational rehabilitation services has become feasible because the employee's medical condition has improved or because of other factors not capable of determination at the time the employer's liability for vocational rehabilitation services otherwise terminated. This bill would delete the provisions relating to vocational rehabilitation, but retain the authority of an injured worker to institute proceedings for the collection of compensation within 5 years after the date of the injury upon the ground that the original injury has caused new and further disability.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 217, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 5843.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 1 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4257.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 11). Re-referred to Com. on APPR.

  12. Referred to Com. on L. & I.R.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4851.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (April 30).

  17. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  18. Read second time. Ordered to consent calendar.

  19. From committee: Do pass. To consent calendar. (Ayes 12. Noes 0.) (April 2).

  20. Re-referred to Com. on INS.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  22. Referred to Com. on INS.

  23. From printer. May be heard in committee March 28.

  24. Read first time. To print.

Sponsors

  • Committee on Insurance · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Insurance

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 71001
Democratic 4000
Republican 3000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Nazarian — Yea
Rendon — Yea
Waldron — Yea
Wieckowski — Yea
Daly — Yea
Gordon — Yea
Campos — Yea
Hagman — Yea
Holden — Yea
Chau — Yea
Allen — Yea
Chávez — Yea
Bonilla — Yea
Mullin — Yea
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Wagner — Yea
Ammiano — Yea
Bloom — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Weber — Yea
Wilk — Yea
Gray — Yea
Gomez — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Hall — Yea
Garcia — Yea
Harkey — Yea
Chesbro — Yea
Dababneh — Yea
Linder — Yea
Medina — Yea
Melendez — Yea
Pan — Yea
Ridley-Thomas — Yea
Skinner — Yea
Atkins — Yea
Fong — Yea
Jones-Sawyer — Yea
Levine — Yea
Nestande — Yea
Perea — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gorell — Not Voting
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Block — Yea
Lara — Yea
Leno — Yea
Morrell — Yea
Vidak — Yea
Wright — Not Voting
Evans — Yea
Liu — Yea
Beall — Yea
Correa — Yea
DeSaulnier — Yea
Wyland — Yea
Mitchell — Yea
De León — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Hancock — Yea
Hernandez — Not Voting
Hill — Yea
Hueso — Yea
Huff — Yea
Corbett — Yea
Anderson — Yea
Knight — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Walters — Not Voting
Wolk — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 73 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 66006
Democratic 4000
Republican 3000
Total 73006
% of votes cast 92%0%0%8%
How each member voted (79)
Member Party Vote
Alejo — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Yea
Mansoor — Not Voting
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Pan — Yea
Rendon — Yea
Rodriguez — Yea
Waldron — Yea
Wieckowski — Yea
Allen — Yea
Lowenthal — Yea
Garcia — Yea
Gordon — Yea
Atkins — Yea
Fong — Yea
Dababneh — Yea
Bonilla — Yea
Ammiano — Yea
Daly — Yea
Harkey — Yea
Bigelow — Yea
Logue — Yea
Quirk — Yea
Ridley-Thomas — Yea
Skinner — Yea
Weber — Yea
Wilk — Yea
Campos — Yea
Bocanegra — Yea
Gorell — Not Voting
John A. Pérez — Yea
Jones-Sawyer — Yea
Salas — Yea
Levine — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Gray — Not Voting
Chau — Yea
Nestande — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Yea
Perea — Yea
Ting — Yea
Wagner — Yea
Achadjian — Yea
Bloom — Yea
Bradford — Yea
Williams — Yea
Eggman — Not Voting
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Hagman — Yea
Hall — Not Voting
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Republican 1000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Linder — Yea
Quirk — Yea
Ridley-Thomas — Yea
Bocanegra — Yea
Gomez — Yea
Campos — Yea
Holden — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Wagner — Yea
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2732 do?
(1) Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law generally provides for the reimbursement of medical providers for services rendered in connection with the treatment of a worker's injury, and requires an employer to establish a medical treatment utilization review process, in compliance with specified requirements. Existing law provides for an independent medical review process to resolve disputes over a utilization review decision for injuries occurring on or after January 1, 2013, and for any decision that is communicated to the requesting physician on or after July 1, 2013, regardless of the date of injury. Under existing law, as part of its notification to the employee regarding an initial utilization review decision that denies, modifies, or delays a treatment recommendation, an employer is required to provide the employee with a one-page form prescribed by the administrative director, and an addressed envelope, which the employee may return to the administrative director or the administrative director's designee to initiate an independent medical review. Under existing law, an employer is required to include on this form any information required by the administrative director to facilitate the completion of the independent medical review. Existing law specifies the required contents of the form. This bill would revise the requirements applicable to utilization review procedures by changing the maximum length of the above-described form to 2 pages. (2) Existing law authorizes the Workers' Compensation Appeals Board to determine and allow as liens against any sum to be paid as compensation, certain amounts, including, but not limited to, reasonable medical treatment expenses, except those disputes subject to independent medical review or independent bill review. This bill would include in those amounts that the board is authorized to allow as liens certain medical-legal expenses to which the employee is entitled under a specified provision for the purpose of proving or disproving a disputed claim. (3) Existing law requires that a lien claimant in a workers' compensation matter is entitled to an order or award for reimbursement of a lien filing fee or lien activation fee, together with interest at the rate allowed on civil judgments, if certain conditions are satisfied. This bill would specify that these fees are to be paid by the employer of the injured worker. (4) Existing law requires an order or award for payment of a lien for medical or hospital treatment in a workers' compensation matter to be made for payment only to the person who was entitled to payment for the expenses for medical or hospital treatment at the time the expenses were incurred, and not to an assignee unless the person has ceased doing business in the capacity held at the time the expenses were incurred and has assigned all right, title, and interest in the remaining accounts receivable to the assignee. This bill would authorize an assignment of that payment if the assignment was completed prior to January 1, 2013, or if it was required by a contract that became enforceable and irrevocable prior to January 1, 2013. The bill would state that this provision is declarative of existing law. (5) Existing law authorizes an injured worker to institute proceedings for the collection of compensation, including vocational rehabilitation services, within 5 years after the date of the injury upon the ground that the original injury has caused new and further disability or that providing vocational rehabilitation services has become feasible because the employee's medical condition has improved or because of other factors not capable of determination at the time the employer's liability for vocational rehabilitation services otherwise terminated. This bill would delete the provisions relating to vocational rehabilitation, but retain the authority of an injured worker to institute proceedings for the collection of compensation within 5 years after the date of the injury upon the ground that the original injury has caused new and further disability.
Who sponsors AB 2732?
AB 2732 is sponsored by Committee on Insurance.
What is the current status of AB 2732?
This bill has been enacted into law. Introduced February 25, 2014. Enacted.
Where can I track AB 2732?
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