BILL NUMBER: AB 2732	CHAPTERED
	BILL TEXT

	CHAPTER  217
	FILED WITH SECRETARY OF STATE  AUGUST 19, 2014
	APPROVED BY GOVERNOR  AUGUST 19, 2014
	PASSED THE SENATE  JULY 3, 2014
	PASSED THE ASSEMBLY  AUGUST 4, 2014
	AMENDED IN SENATE  JUNE 15, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Committee on Insurance (Assembly Members Perea
(Chair), Hagman (Vice Chair), Bradford, Ian Calderon, Cooley,
Dababneh, Frazier, Gonzalez, Nestande, V. Manuel Pérez, and
Wieckowski)

                        FEBRUARY 25, 2014

   An act to amend Sections 4600, 4610.5, 4903, 4903.07, 4903.8, and
5410 of the Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2732, Committee on Insurance. Workers' compensation.
   (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.


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

  SECTION 1.  Section 4600 of the Labor Code is amended to read:
   4600.  (a) Medical, surgical, chiropractic, acupuncture, and
hospital treatment, including nursing, medicines, medical and
surgical supplies, crutches, and apparatuses, including orthotic and
prosthetic devices and services, that is reasonably required to cure
or relieve the injured worker from the effects of his or her injury
shall be provided by the employer. In the case of his or her neglect
or refusal reasonably to do so, the employer is liable for the
reasonable expense incurred by or on behalf of the employee in
providing treatment.
   (b) As used in this division and notwithstanding any other law,
medical treatment that is reasonably required to cure or relieve the
injured worker from the effects of his or her injury means treatment
that is based upon the guidelines adopted by the administrative
director pursuant to Section 5307.27.
   (c) Unless the employer or the employer's insurer has established
or contracted with a medical provider network as provided for in
Section 4616, after 30 days from the date the injury is reported, the
employee may be treated by a physician of his or her own choice or
at a facility of his or her own choice within a reasonable geographic
area. A chiropractor shall not be a treating physician after the
employee has received the maximum number of chiropractic visits
allowed by subdivision (c) of Section 4604.5.
   (d) (1) If an employee has notified his or her employer in writing
prior to the date of injury that he or she has a personal physician,
the employee shall have the right to be treated by that physician
from the date of injury if the employee has health care coverage for
nonoccupational injuries or illnesses on the date of injury in a
plan, policy, or fund as described in subdivisions (b), (c), and (d)
of Section 4616.7.
   (2) For purposes of paragraph (1), a personal physician shall meet
all of the following conditions:
   (A) Be the employee's regular physician and surgeon, licensed
pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of
the Business and Professions Code.
   (B) Be the employee's primary care physician and has previously
directed the medical treatment of the employee, and who retains the
employee's medical records, including his or her medical history.
"Personal physician" includes a medical group, if the medical group
is a single corporation or partnership composed of licensed doctors
of medicine or osteopathy, which operates an integrated
multispecialty medical group providing comprehensive medical services
predominantly for nonoccupational illnesses and injuries.
   (C) The physician agrees to be predesignated.
   (3) If the employee has health care coverage for nonoccupational
injuries or illnesses on the date of injury in a health care service
plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code, and the employer is
notified pursuant to paragraph (1), all medical treatment,
utilization review of medical treatment, access to medical treatment,
and other medical treatment issues shall be governed by Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code. Disputes regarding the provision of medical treatment shall be
resolved pursuant to Article 5.55 (commencing with Section 1374.30)
of Chapter 2.2 of Division 2 of the Health and Safety Code.
   (4) If the employee has health care coverage for nonoccupational
injuries or illnesses on the date of injury in a group health
insurance policy as described in Section 4616.7, all medical
treatment, utilization review of medical treatment, access to medical
treatment, and other medical treatment issues shall be governed by
the applicable provisions of the Insurance Code.
   (5) The insurer may require prior authorization of any
nonemergency treatment or diagnostic service and may conduct
reasonably necessary utilization review pursuant to Section 4610.
   (6) An employee shall be entitled to all medically appropriate
referrals by the personal physician to other physicians or medical
providers within the nonoccupational health care plan. An employee
shall be entitled to treatment by physicians or other medical
providers outside of the nonoccupational health care plan pursuant to
standards established in Article 5 (commencing with Section 1367) of
Chapter 2.2 of Division 2 of the Health and Safety Code.
   (e) (1) When at the request of the employer, the employer's
insurer, the administrative director, the appeals board, or a workers'
compensation administrative law judge, the employee submits to
examination by a physician, he or she shall be entitled to receive,
in addition to all other benefits herein provided, all reasonable
expenses of transportation, meals, and lodging incident to reporting
for the examination, together with one day of temporary disability
indemnity for each day of wages lost in submitting to the
examination.
   (2) Regardless of the date of injury, "reasonable expenses of
transportation" includes mileage fees from the employee's home to the
place of the examination and back at the rate of twenty-one cents
($0.21) a mile or the mileage rate adopted by the Director of Human
Resources pursuant to Section 19820 of the Government Code, whichever
is higher, plus any bridge tolls. The mileage and tolls shall be
paid to the employee at the time he or she is given notification of
the time and place of the examination.
   (f) When at the request of the employer, the employer's insurer,
the administrative director, the appeals board, or a workers'
compensation administrative law judge, an employee submits to
examination by a physician and the employee does not proficiently
speak or understand the English language, he or she shall be entitled
to the services of a qualified interpreter in accordance with
conditions and a fee schedule prescribed by the administrative
director. These services shall be provided by the employer. For
purposes of this section, "qualified interpreter" means a language
interpreter certified, or deemed certified, pursuant to Article 8
(commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of, or Section 68566 of, the Government Code.
   (g) If the injured employee cannot effectively communicate with
his or her treating physician because he or she cannot proficiently
speak or understand the English language, the injured employee is
entitled to the services of a qualified interpreter during medical
treatment appointments. To be a qualified interpreter for purposes of
medical treatment appointments, an interpreter is not required to
meet the requirements of subdivision (f), but shall meet any
requirements established by rule by the administrative director that
are substantially similar to the requirements set forth in Section
1367.04 of the Health and Safety Code. The administrative director
shall adopt a fee schedule for qualified interpreter fees in
accordance with this section. Upon request of the injured employee,
the employer or insurance carrier shall pay for interpreter services.
An employer shall not be required to pay for the services of an
interpreter who is not certified or is provisionally certified by the
person conducting the medical treatment or examination unless either
the employer consents in advance to the selection of the individual
who provides the interpreting service or the injured worker requires
interpreting service in a language other than the languages
designated pursuant to Section 11435.40 of the Government Code.
   (h) Home health care services shall be provided as medical
treatment only if reasonably required to cure or relieve the injured
employee from the effects of his or her injury and prescribed by a
physician and surgeon licensed pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code,
and subject to Section 5307.1 or 5703.8. The employer shall not be
liable for home health care services that are provided more than 14
days prior to the date of the employer's receipt of the physician's
prescription.
  SEC. 2.  Section 4610.5 of the Labor Code is amended to read:
   4610.5.  (a) This section applies to the following disputes:
   (1) Any dispute over a utilization review decision regarding
treatment for an injury occurring on or after January 1, 2013.
   (2) Any dispute over a utilization review decision if the decision
is communicated to the requesting physician on or after July 1,
2013, regardless of the date of injury.
   (b) A dispute described in subdivision (a) shall be resolved only
in accordance with this section.
   (c) For purposes of this section and Section 4610.6, the following
definitions apply:
   (1) "Disputed medical treatment" means medical treatment that has
been modified, delayed, or denied by a utilization review decision.
   (2) "Medically necessary" and "medical necessity" mean medical
treatment that is reasonably required to cure or relieve the injured
employee of the effects of his or her injury and based on the
following standards, which shall be applied in the order listed,
allowing reliance on a lower ranked standard only if every higher
ranked standard is inapplicable to the employee's medical condition:
   (A) The guidelines adopted by the administrative director pursuant
to Section 5307.27.
   (B) Peer-reviewed scientific and medical evidence regarding the
effectiveness of the disputed service.
   (C) Nationally recognized professional standards.
   (D) Expert opinion.
   (E) Generally accepted standards of medical practice.
   (F) Treatments that are likely to provide a benefit to a patient
for conditions for which other treatments are not clinically
efficacious.
   (3) "Utilization review decision" means a decision pursuant to
Section 4610 to modify, delay, or deny, based in whole or in part on
medical necessity to cure or relieve, a treatment recommendation or
recommendations by a physician prior to, retrospectively, or
concurrent with, the provision of medical treatment services pursuant
to Section 4600 or subdivision (c) of Section 5402.
   (4) Unless otherwise indicated by context, "employer" means the
employer, the insurer of an insured employer, a claims administrator,
or a utilization review organization, or other entity acting on
behalf of any of them.
   (d) If a utilization review decision denies, modifies, or delays a
treatment recommendation, the employee may request an independent
medical review as provided by this section.
   (e) A utilization review decision may be reviewed or appealed only
by independent medical review pursuant to this section. Neither the
employee nor the employer shall have any liability for medical
treatment furnished without the authorization of the employer if the
treatment is delayed, modified, or denied by a utilization review
decision unless the utilization review decision is overturned by
independent medical review in accordance with this section.
   (f) As part of its notification to the employee regarding an
initial utilization review decision that denies, modifies, or delays
a treatment recommendation, the employer shall provide the employee
with a form not to exceed two pages, 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. The employer
shall include on the form any information required by the
administrative director to facilitate the completion of the
independent medical review. The form shall also include all of the
following:
   (1) Notice that the utilization review decision is final unless
the employee requests independent medical review.
   (2) A statement indicating the employee's consent to obtain any
necessary medical records from the employer or insurer and from any
medical provider the employee may have consulted on the matter, to be
signed by the employee.
   (3) Notice of the employee's right to provide information or
documentation, either directly or through the employee's physician,
regarding the following:
   (A) The treating physician's recommendation indicating that the
disputed medical treatment is medically necessary for the employee's
medical condition.
   (B) Medical information or justification that a disputed medical
treatment, on an urgent care or emergency basis, was medically
necessary for the employee's medical condition.
   (C) Reasonable information supporting the employee's position that
the disputed medical treatment is or was medically necessary for the
employee's medical condition, including all information provided to
the employee by the employer or by the treating physician, still in
the employee's possession, concerning the employer's or the physician'
s decision regarding the disputed medical treatment, as well as any
additional material that the employee believes is relevant.
   (g) The independent medical review process may be terminated at
any time upon the employer's written authorization of the disputed
medical treatment.
   (h) (1) The employee may submit a request for independent medical
review to the division no later than 30 days after the service of the
utilization review decision to the employee.
   (2) If at the time of a utilization review decision the employer
is also disputing liability for the treatment for any reason besides
medical necessity, the time for the employee to submit a request for
independent medical review to the administrative director or
administrative director's designee is extended to 30 days after
service of a notice to the employee showing that the other dispute of
liability has been resolved.
   (3) If the employer fails to comply with subdivision (f) at the
time of notification of its utilization review decision, the time
limitations for the employee to submit a request for independent
medical review shall not begin to run until the employer provides the
required notice to the employee.
   (4) A provider of emergency medical treatment when the employee
faced an imminent and serious threat to his or her health, including,
but not limited to, the potential loss of life, limb, or other major
bodily function, may submit a request for independent medical review
on its own behalf. A request submitted by a provider pursuant to
this paragraph shall be submitted to the administrative director or
administrative director's designee within the time limitations
applicable for an employee to submit a request for independent
medical review.
   (i) An employer shall not engage in any conduct that has the
effect of delaying the independent review process. Engaging in that
conduct or failure of the employer to promptly comply with this
section is a violation of this section and, in addition to any other
fines, penalties, and other remedies available to the administrative
director, the employer shall be subject to an administrative penalty
in an amount determined pursuant to regulations to be adopted by the
administrative director, not to exceed five thousand dollars ($5,000)
for each day that proper notification to the employee is delayed.
The administrative penalties shall be paid to the Workers'
Compensation Administration Revolving Fund.
   (j) For purposes of this section, an employee may designate a
parent, guardian, conservator, relative, or other designee of the
employee as an agent to act on his or her behalf. A designation of an
agent executed prior to the utilization review decision shall not be
valid. The requesting physician may join with or otherwise assist
the employee in seeking an independent medical review, and may
advocate on behalf of the employee.
   (k) The administrative director or his or her designee shall
expeditiously review requests and immediately notify the employee and
the employer in writing as to whether the request for an independent
medical review has been approved, in whole or in part, and, if not
approved, the reasons therefor. If there appears to be any medical
necessity issue, the dispute shall be resolved pursuant to an
independent medical review, except that, unless the employer agrees
that the case is eligible for independent medical review, a request
for independent medical review shall be deferred if at the time of a
utilization review decision the employer is also disputing liability
for the treatment for any reason besides medical necessity.
   (l) Upon notice from the administrative director that an
independent review organization has been assigned, the employer shall
provide to the independent medical review organization all of the
following documents within 10 days of notice of assignment:
   (1) A copy of all of the employee's medical records in the
possession of the employer or under the control of the employer
relevant to each of the following:
   (A) The employee's current medical condition.
   (B) The medical treatment being provided by the employer.
   (C) The disputed medical treatment requested by the employee.
   (2) A copy of all information provided to the employee by the
employer concerning employer and provider decisions regarding the
disputed treatment.
   (3) A copy of any materials the employee or the employee's
provider submitted to the employer in support of the employee's
request for the disputed treatment.
   (4) A copy of any other relevant documents or information used by
the employer or its utilization review organization in determining
whether the disputed treatment should have been provided, and any
statements by the employer or its utilization review organization
explaining the reasons for the decision to deny, modify, or delay the
recommended treatment on the basis of medical necessity. The
employer shall concurrently provide a copy of the documents required
by this paragraph to the employee and the requesting physician,
except that documents previously provided to the employee or
physician need not be provided again if a list of those documents is
provided.
   (m) Any newly developed or discovered relevant medical records in
the possession of the employer after the initial documents are
provided to the independent medical review organization shall be
forwarded immediately to the independent medical review organization.
The employer shall concurrently provide a copy of medical records
required by this subdivision to the employee or the employee's
treating physician, unless the offer of medical records is declined
or otherwise prohibited by law. The confidentiality of medical
records shall be maintained pursuant to applicable state and federal
laws.
   (n) If there is an imminent and serious threat to the health of
the employee, as specified in subdivision (c) of Section 1374.33 of
the Health and Safety Code, all necessary information and documents
required by subdivision (l) shall be delivered to the independent
medical review organization within 24 hours of approval of the
request for review.
   (o) The employer shall promptly issue a notification to the
employee, after submitting all of the required material to the
independent medical review organization, that lists documents
submitted and includes copies of material not previously provided to
the employee or the employee's designee.
  SEC. 3.  Section 4903 of the Labor Code is amended to read:
   4903.  The appeals board may determine, and allow as liens against
any sum to be paid as compensation, any amount determined as
hereinafter set forth in subdivisions (a) through (i). If more than
one lien is allowed, the appeals board may determine the priorities,
if any, between the liens allowed. The liens that may be allowed
hereunder are as follows:
   (a) A reasonable attorney's fee for legal services pertaining to
any claim for compensation either before the appeals board or before
any of the appellate courts, and the reasonable disbursements in
connection therewith. No fee for legal services shall be awarded to
any representative who is not an attorney, except with respect to
those claims for compensation for which an application, pursuant to
Section 5501, has been filed with the appeals board on or before
December 31, 1991, or for which a disclosure form, pursuant to
Section 4906, has been sent to the employer, or insurer or
third-party administrator, if either is known, on or before December
31, 1991.
   (b) The reasonable expense incurred by or on behalf of the injured
employee, as provided by Article 2 (commencing with Section 4600),
and to the extent the employee is entitled to reimbursement under
Section 4621, medical-legal expenses as provided by Article 2.5
(commencing with Section 4620) of Chapter 2 of Part 2, except those
disputes subject to independent medical review or independent bill
review.
   (c) The reasonable value of the living expenses of an injured
employee or of his or her dependents, subsequent to the injury.
   (d) The reasonable burial expenses of the deceased employee, not
to exceed the amount provided for by Section 4701.
   (e) The reasonable living expenses of the spouse or minor children
of the injured employee, or both, subsequent to the date of the
injury, where the employee has deserted or is neglecting his or her
family. These expenses shall be allowed in the proportion that the
appeals board deems proper, under application of the spouse, guardian
of the minor children, or the assignee, pursuant to subdivision (a)
of Section 11477 of the Welfare and Institutions Code, of the spouse,
a former spouse, or minor children. A collection received as a
result of a lien against a workers' compensation award imposed
pursuant to this subdivision for payment of child support ordered by
a court shall be credited as provided in Section 695.221 of the Code
of Civil Procedure.
   (f) The amount of unemployment compensation disability benefits
that have been paid under or pursuant to the Unemployment Insurance
Code in those cases where, pending a determination under this
division there was uncertainty whether the benefits were payable
under the Unemployment Insurance Code or payable hereunder; provided,
however, that any lien under this subdivision shall be allowed and
paid as provided in Section 4904.
   (g) The amount of unemployment compensation benefits and extended
duration benefits paid to the injured employee for the same day or
days for which he or she receives, or is entitled to receive,
temporary total disability indemnity payments under this division;
provided, however, that any lien under this subdivision shall be
allowed and paid as provided in Section 4904.
   (h) The amount of family temporary disability insurance benefits
that have been paid to the injured employee pursuant to the
Unemployment Insurance Code for the same day or days for which that
employee receives, or is entitled to receive, temporary total
disability indemnity payments under this division, provided, however,
that any lien under this subdivision shall be allowed and paid as
provided in Section 4904.
   (i) The amount of indemnification granted by the California
Victims of Crime Program pursuant to Article 1 (commencing with
Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code.
  SEC. 4.  Section 4903.07 of the Labor Code is amended to read:
   4903.07.  (a) A lien claimant shall be entitled to an order or
award for reimbursement from the employer of a lien filing fee or
lien activation fee, together with interest at the rate allowed on
civil judgments, only if all of the following conditions are
satisfied:
   (1) Not less than 30 days before filing the lien for which the
filing fee was paid or filing the declaration of readiness for which
the lien activation fee was paid, the lien claimant has made written
demand for settlement of the lien claim for a clearly stated sum
which shall be inclusive of all claims of debt, interest, penalty, or
other claims potentially recoverable on the lien.
   (2) The defendant fails to accept the settlement demand in writing
within 20 days of receipt of the demand for settlement, or within
any additional time as may be provide by the written demand.
   (3) After submission of the lien dispute to the appeals board or
an arbitrator, a final award is made in favor of the lien claimant of
a specified sum that is equal to or greater than the amount of the
settlement demand. The amount of the interest and filing fee or lien
activation fee shall not be considered in determining whether the
award is equal to or greater than the demand.
   (b) This section shall not preclude an order or award of
reimbursement of the filing fee or activation fee pursuant to the
express terms of an agreed disposition of a lien dispute.
  SEC. 5.  Section 4903.8 of the Labor Code is amended to read:
   4903.8.  (a) (1) Any order or award for payment of a lien filed
pursuant to subdivision (b) of Section 4903 shall be made for payment
only to the person who was entitled to payment for the expenses as
provided in subdivision (b) of Section 4903 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.
   (2) Paragraph (1) does not apply to an assignment that was
completed prior to January 1, 2013, or that was required by a
contract that became enforceable and irrevocable prior to January 1,
2013. This paragraph is declarative of existing law.
   (b) If there has been an assignment of a lien, either as an
assignment of all right, title, and interest in the accounts
receivable or as an assignment for collection, a true and correct
copy of the assignment shall be filed and served.
   (1) If the lien is filed on or after January 1, 2013, and the
assignment occurs before the filing of the lien, the copy of the
assignment shall be served at the time the lien is filed.
   (2) If the lien is filed on or after January 1, 2013, and the
assignment occurs after the filing of the lien, the copy of the
assignment shall be served within 20 days of the date of the
assignment.
   (3) If the lien is filed before January 1, 2013, the copy of the
assignment shall be served by January 1, 2014, or with the filing of
a declaration of readiness or at the time of a lien hearing,
whichever is earliest.
   (c) If there has been more than one assignment of the same
receivable or bill, the appeals board may set the matter for hearing
on whether the multiple assignments constitute bad-faith actions or
tactics that are frivolous, harassing, or intended to cause
unnecessary delay or expense. If so found by the appeals board,
appropriate sanctions, including costs and attorney's fees, may be
awarded against the assignor, assignee,
                     and their respective attorneys.
   (d) At the time of filing of a lien on or after January 1, 2013,
or in the case of a lien filed before January 1, 2013, at the
earliest of the filing of a declaration of readiness, a lien hearing,
or January 1, 2014, supporting documentation shall be filed
including one or more declarations under penalty of perjury by a
natural person or persons competent to testify to the facts stated,
declaring both of the following:
   (1) The services or products described in the bill for services or
products were actually provided to the injured employee.
   (2) The billing statement attached to the lien truly and
accurately describes the services or products that were provided to
the injured employee.
   (e) A lien submitted for filing on or after January 1, 2013, for
expenses provided in subdivision (b) of Section 4903, that does not
comply with the requirements of this section shall be deemed to be
invalid, whether or not accepted for filing by the appeals board, and
shall not operate to preserve or extend any time limit for filing of
the lien.
   (f) This section shall take effect without regulatory action. The
appeals board and the administrative director may promulgate
regulations and forms for the implementation of this section.
  SEC. 6.  Section 5410 of the Labor Code is amended to read:
   5410.  Nothing in this chapter shall bar the right of any injured
worker to institute proceedings for the collection of compensation
within five years after the date of the injury upon the ground that
the original injury has caused new and further disability. The
jurisdiction of the appeals board in these cases shall be a
continuing jurisdiction within this period. This section does not
extend the limitation provided in Section 5407.