BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 899|
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IN CONFERENCE
Bill No: SB 899
Author: Poochigian (R)
Amended: 7/14/03
Vote: 21
SENATE LABOR & IND. RELATIONS COMMITTEE : 7-0, 4/23/03
AYES: Alarcon, Oller, Dunn, Figueroa, Kuehl, McClintock,
Romero
ABSENT/NO VOTE RECORDED: Margett
SENATE FLOOR : 36-1, 6/4/03
AYES: Ackerman, Alarcon, Alpert, Ashburn, Battin, Bowen,
Brulte, Burton, Cedillo, Chesbro, Denham, Ducheny, Dunn,
Escutia, Figueroa, Florez, Hollingsworth, Karnette,
Knight, Kuehl, Machado, Margett, McClintock, McPherson,
Murray, Oller, Ortiz, Perata, Poochigian, Romero, Scott,
Sher, Soto, Speier, Torlakson, Vincent
NOES: Aanestad
ABSENT/NO VOTE RECORDED: Johnson, Morrow, Vasconcellos
ASSEMBLY FLOOR : 78-0, 7/17/03 (Passed on Consent) - See
last page for vote
SUBJECT : Workers' compensation: physician referral
SOURCE : California Chamber of Commerce
DIGEST : This bill states the intent of the Legislature
to improve the workers' compensation system by promoting
CONTINUED
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the efficient delivery of high quality appropriate medical
care.
Assembly amendments delete the prior version. As it left
the Senate, the bill prohibited a physician from referring
a person for outpatient surgery purposes if the physician
or his or her immediate family has a financial interest
with the person or in the entity that receives the
referral.
ANALYSIS : Workers' compensation, implemented in
California in 1913, is a no-fault system, entitling workers
to compensation for illness or injury arising out of and in
the course of work duties, regardless of the blame which
might otherwise be placed on the employer or the employee.
The workers' compensation system is premised on a bargain
between employers and employees: employees are supposed to
receive benefits for on-the-job injuries, and in return,
the benefits are the exclusive remedy for injured employees
against their employer, even when the employer negligently
caused the injury.
There are five basic types of workers' compensation
benefits available, depending on the nature and severity of
the worker's injury: (1) medical care; (2) temporary
disability benefits; (3) permanent disability; (4)
vocational rehabilitation services; and, (5) death
benefits.
This bill states that it is the intent of the Legislature
to improve the workers' compensation system by promoting
the efficient delivery of high quality appropriate medical
care.
Conference Committee :
While there is agreement among the parties that the system
is in need of repair, what remains subject for debate is
what the real systemic problems are and how best to address
them without diminishing the arguably meager benefits
injured workers receive in this state.
There are 20 workers' compensation measures, which have
passed out of their houses of origin this session. These
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bills cover such complex and varied subject matter areas as
medical fee scheduling, utilization and insurance market
regulation.
With the agreement of Senate and Assembly Leadership, the
Chairs of the Senate Labor and Industrial Relations
Committee and the Assembly Committee on Insurance, and the
authors of this session's workers' compensation
legislation, all workers' compensation bills will be
submitted to conference committee to ensure comprehensive
workers' compensation reform. To that end, all such
workers' compensation bills will be amended to reflect the
same intent language prior to submission to conference.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,
Calderon, Campbell, Canciamilla, Chan, Chavez, Chu,
Cogdill, Cohn, Corbett, Correa, Cox, Daucher, Diaz,
Dutra, Dutton, Frommer, Garcia, Goldberg, Hancock,
Harman, Haynes, Jerome Horton, Shirley Horton, Houston,
Jackson, Keene, Kehoe, Kortez, La Malfa, La Suer, Laird,
Leno, Leslie, Levine, Lieber, Liu, Longville, Lowenthal,
Maddox, Maldonado, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nakanishi, Nakano, Nation, Negrete
Mcleod, Nunez, Oropeza, Pacheco, Parra, Pavley, Plescia,
Reyes, Richman, Ridley-Thomas, Runner, Salinas,
Samuelian, Simitian, Spitzer, Steinberg, Strickland,
Vargas, Wiggins, Wolk, Wyland, Yee, Wesson
NC:sl 7/22/03 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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