AB 1244 — Workers' compensation.

Summary

Under existing law, the Director of Health Care Services is authorized, for purposes of administering the Medi-Cal program, to suspend a provider of service from further participation under the program for specified reasons, including conviction of any felony or any misdemeanor involving fraud, abuse of the Medi-Cal program or any patient, or otherwise substantially related to the qualifications, functions, or duties of a provider of service. Existing law requires the director, upon receipt of written notification from the Secretary of the United States Department of Health and Human Services that a physician or other individual practitioner has been suspended from participation in the Medicare or Medicaid programs, to promptly suspend the practitioner from participation in the Medi-Cal program. Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, that generally requires employers to secure the payment of workers' compensation for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law requires an employer to provide all medical services reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law authorizes an insurer, employer, or entity that provides physician network services to establish or modify a medical provider network for the provision of medical treatment to injured employees and requires the administrative director to contract with individual physicians or an independent medical review organization to perform medical provider network independent medical reviews. This bill would require the administrative director to promptly suspend any physician, practitioner, or provider from participating in the workers' compensation system if as a physician, practitioner, or provider the individual or entity meets specified criteria, including if that individual has been convicted of any felony or misdemeanor involving fraud or abuse of the Medi-Cal program, Medicare program, or workers' compensation system, if that individual's license, certificate, or approval to provide health care has been surrendered or revoked, or if that individual or entity has been suspended, due to fraud or abuse, from participation in the Medicare or Medicaid programs. The bill would require the administrative director to adopt regulations for suspending a physician, practitioner, or provider from participating in the workers' compensation system pursuant to these provisions, as specified, and would require the administrative director to furnish to the physician, practitioner, or provider written notice of the right to a hearing regarding the suspension and the procedure to follow to request that hearing. The bill would also require the administrative director to promptly notify the appropriate state licensing, certifying, or registering authority of a physician's, practitioner's, or provider's suspension and to update the division's databases of qualified medical evaluators and medical provider networks. The bill would require the administrative director to notify the chief judge of the division of a suspension under these provisions, as specified, and post a notice on the department's Internet Web site. The bill would enact special lien proceedings for the adjudication of any liens of a physician, practitioner, or provider who has been suspended pursuant to these provisions because he or she has been convicted of a felony or misdemeanor that meets specified criteria. The bill would also require the Director of Health Care Services to notify the administrative director of a suspension of a physician from participation in the Medi-Cal program imposed pursuant to the provisions described above authorizing the director to suspend a provider of service from participation. Existing law establishes the Workers' Compensation Appeals Board to exercise all judicial powers vested in it, as specified, including workers' compensation proceedings for the recovery of compensation, or concerning any right or liability arising out of or incidental to the recovery of compensation. Existing law vests the appeals board with full power, authority, and jurisdiction to try and determine finally those matters, subject only to the review by the courts, as specified. Existing law authorizes the appeals board to determine, and allow as liens against any sum to be paid as compensation, as specified, a reasonable attorney's fee for legal services and disbursements in connection with those legal services. Existing law provides that a charge, claim, or agreement for those legal services or disbursements is not enforceable, valid, or binding in excess of a reasonable amount. Existing law also requires an attorney to furnish to the employee a written disclosure form describing the procedures available to the injured employee or his or her dependents and specified information regarding attorney's fees. Existing law requires that a copy of the disclosure form be signed by the employee and the attorney and sent to the employer, or insurer or 3rd-party administrator, if either is known, by the attorney within 15 days of the employee's and attorney's execution of the form. Existing law also requires the employee, the insurer, the employer, and the attorneys for each party to sign and file with the board a statement, signed under penalty of perjury, attesting that the signatories have not violated specified laws prohibiting conflicts of interest. Existing law authorizes the appeals board, a workers' compensation judge, or any party to the action or proceeding, as specified, to cause the deposition of witnesses in any investigation or hearing before the appeals board, and provides that the deponent is entitled to receive specified benefits, such as reasonable expenses of transportation, meals, and lodging, as specified. This bill would prohibit payment for legal services or disbursements in connection with those legal services, or expenses relating to the deposition of witnesses, incurred under the provisions described above, as specified, prior to the filing of the disclosure form with the appeals board and the sending of that form to the employer, or to the insurer or 3rd-party administrator, if either is known, by the attorney. The bill would require the disclosure form described above to contain a paragraph setting forth the exact location of the district office of the appeals board at which the employee's case will be filed and to include a specified statement. The bill would impose other requirements regarding the signing and content of the form, including that the form be signed under penalty of perjury by the attorney representing the employee, and would require the form to be filed with the appeals board. The bill would also require an attorney who subsequently assumes the representation of the employee in the same action or proceeding to complete and sign under penalty of perjury a disclosure form that meets the above-described requirements and the statement attesting that the signatories have not violated specified laws prohibiting conflicts of interest. The bill would require the attorney to file the form and statement with the appeals board, and send them to the employer, or insurer or 3rd-party administrator, if either is known, within 15 days of the employee's and attorney's execution of the form and statement. By expanding the scope of the crime of perjury under these provisions, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/30/16 - Chaptered Current pdf September 30, 2016
• Enrolled 08/31/16 - Enrolled pdf August 31, 2016
• Amended 08/19/16 - Amended Senate pdf August 19, 2016
• Amended 08/15/16 - Amended Senate pdf August 15, 2016
• Amended 08/01/16 - Amended Senate pdf August 01, 2016
• Amended 06/22/16 - Amended Senate pdf June 22, 2016
• Amended 05/10/16 - Amended Senate pdf May 10, 2016
• Amended 01/26/16 - Amended Assembly pdf January 26, 2016
• Amended 01/04/16 - Amended Assembly pdf January 04, 2016
• Introduced 02/27/15 - Introduced pdf February 27, 2015
• AB1244 View text html

Action History

1. September 30, 2016

   Chaptered by Secretary of State - Chapter 852, Statutes of 2016.

2. September 30, 2016

   Approved by the Governor.

3. September 08, 2016

   Enrolled and presented to the Governor at 4 p.m.

4. August 30, 2016

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6466.).

5. August 25, 2016

   From committee: That the Senate amendments be concurred in. (Ayes 12. Noes 0.) (August 25).

6. August 24, 2016

   Joint Rule 62(a), file notice suspended. (Page 6225.)

7. August 24, 2016

   Re-referred to Com. on INS. pursuant to Assembly Rule 77.2.

8. August 24, 2016

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

9. August 23, 2016

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5292.).

10. August 22, 2016

    Read second time. Ordered to third reading.

11. August 19, 2016

    Read third time and amended. Ordered to second reading.

12. August 15, 2016

    Read second time and amended. Ordered to third reading.

13. August 11, 2016

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (August 11).

14. August 08, 2016

    Referred to APPR. suspense file.

15. August 01, 2016

    In committee: Hearing postponed by committee.

16. August 01, 2016

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

17. June 29, 2016

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 29). Re-referred to Com. on APPR.

18. June 22, 2016

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

19. June 14, 2016

    In committee: Hearing postponed by committee.

20. May 19, 2016

    Re-referred to Com. on L. & I.R.

21. May 11, 2016

    Re-referred to Com. on RLS.

22. May 11, 2016

    Withdrawn from committee.

23. May 10, 2016

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

24. February 18, 2016

    Referred to Com. on N.R. & W.

25. January 28, 2016

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

26. January 28, 2016

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 3526.)

27. January 27, 2016

    Read second time. Ordered to third reading.

28. January 26, 2016

    Read second time and amended. Ordered returned to second reading.

29. January 26, 2016

    From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (January 21).

30. January 12, 2016

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (January 12). Re-referred to Com. on APPR.

31. January 04, 2016

    Re-referred to Com. on W., P., & W.

32. January 04, 2016

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

33. April 28, 2015

    In committee: Set, first hearing. Held under submission.

34. March 23, 2015

    Referred to Com. on W., P., & W.

35. March 02, 2015

    Read first time.

36. March 01, 2015

    From printer. May be heard in committee March 31.

37. February 27, 2015

    Introduced. To print.

Sponsors

• Brown · Cosponsor
• Gray · Primary
• Cooley · Cosponsor
• Cooper · Cosponsor
• Daly · Cosponsor
• Dodd · Cosponsor
• Frazier · Cosponsor
• Jacqui Irwin · Cosponsor
• Low · Cosponsor
• Medina · Cosponsor
• Ting · Cosponsor
• Wood · Cosponsor
• Joaquin Arambula · Cosponsor

Votes

Subjects