BILL NUMBER: AB 2091	CHAPTERED  07/22/08

	CHAPTER  193
	FILED WITH SECRETARY OF STATE  JULY 22, 2008
	APPROVED BY GOVERNOR  JULY 22, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  MAY 22, 2008
	AMENDED IN ASSEMBLY  MAY 19, 2008
	AMENDED IN ASSEMBLY  APRIL 23, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 19, 2008

   An act to amend Section 5307.2 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2091, Fuentes. Workers' compensation: annual study: access to
pharmacy services.
   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 requires the administrative director to contract with
an independent consulting firm, as specified, to perform an annual
study of access to medical treatment by injured workers, and make
recommendations to ensure continued access to that treatment.
   This bill would additionally require that the study analyze and
make recommendations regarding continued access to prescription drugs
and pharmacy services by injured workers.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5307.2 of the Labor Code is amended to read:
   5307.2.  The administrative director shall contract with an
independent consulting firm, to the extent permitted by state law, to
perform an annual study of access to medical treatment for injured
workers. The study shall analyze whether there is adequate access to
quality health care and products, including prescription drugs and
pharmacy services, for injured workers and make recommendations to
ensure continued access. If the administrative director determines,
based on this study, that there is insufficient access to quality
health care or products for injured workers, including access to
prescription drugs and pharmacy services, the administrative director
may make appropriate adjustments to medical, prescription drugs and
pharmacy services, and facilities' fees. When there has been a
determination that substantial access problems exist, the
administrative director may, in accordance with the notification and
hearing requirements of Section 5307.1, adopt fees in excess of 120
percent of the applicable Medicare payment system fee, or in excess
of 100 percent of the fees prescribed in the relevant Medi-Cal
payment system, for the applicable services or products.