BILL ANALYSIS Ó SB 826 Page 1 SENATE THIRD READING SB 826 (Leno) As Amended May 3, 2011 Majority vote SENATE VOTE :31-8 INSURANCE 11-0 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Solorio, Hagman, Carter, |Ayes:|Fuentes, Blumenfield, | | |Feuer, Grove, Hayashi, | |Bradford, Charles | | |Miller, Olsen, Skinner, | |Calderon, Campos, Davis, | | |Torres, Wieckowski | |Gatto, Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | ----------------------------------------------------------------- SUMMARY : Establishes penalties for the failure of an employer to report claim information to the Workers' Compensation Information System (WCIS). Specifically, this bill : 1)Requires the Administrative Director (AD) of the Division of Workers' Compensation (DWC) to assess administrative penalties for WCIS data reporting violations. 2)Requires the AD to promulgate a schedule of penalties capped at $5,000 against a claims administrator in any given year, that provides for no more than $100 per violation for violations where a report is not submitted or not accepted, and no more than $50 per violation for violations involving errors or late filings. 3)Provides that no penalty shall be imposed pursuant to other specified provisions of law relating to claims audits if the violations are subject to sanctions pursuant to the bill's provisions. 4)Requires the schedule that the AD promulgates to exclude violations below specified thresholds, as established by the AD, to be not less than 3% of the reports filed, and SB 826 Page 2 authorizes to AD to establish higher thresholds for data elements that are not reasonably available. 5)Requires the AD to publish an annual report on the compliance of claims administrators, and authorizes the administrators to be named in the report. EXISTING LAW : 1)Provides for a comprehensive system of workers' compensation benefits for workers injured on the job, paid by employers, or insurers on behalf of employers. 2)Establishes the WCIS. 3)Requires claims administrators to submit a range of claims related information to the WCIS for purposes of research into claims and claims costs. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Costs associated with this legislation should be minor and absorbable within existing DWC resources. 2)Additional revenue from the penalties assessed under this legislation could exceed $200,000 per year. ÝWorkers Compensation Administration Revolving Fund] COMMENTS : According to the sponsor of this bill, Small Business California, the bill is designed to address the lack of enforcement authority to ensure that appropriate data is submitted to the WCIS. A recent Commission on Health and Safety and Workers' Compensation (CHSWC) study concluded that compliance issues have rendered the quality of data collected by WCIS of limited value. The bill is structured so that minor errors on marginally relevant data fields (the thresholds the AD is authorized to adopt) do not result in penalties, while at the same time establishing an incentive to accurately provide substantive data. Analysis Prepared by : Mark Rakich / INS. / (916) 319-2086 SB 826 Page 3 FN: 0002078