BILL ANALYSIS �
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THIRD READING
Bill No: SB 375
Author: Senate Labor and Industrial Relations Committee
Amended: 5/2/13
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 5-0, 5/8/13
AYES: Lieu, Wyland, Leno, Padilla, Yee
SUBJECT : Workers compensation: liens
SOURCE : Author
DIGEST : This bill corrects an erroneous cross-reference with
regard to whether or not a lien claimant is entitled to medical
information, as defined.
ANALYSIS :
Existing law:
1. Establishes a workers' compensation system that provides
benefits to an employee who suffers from an injury or illness
that arises out of and in the course of employment,
irrespective of fault. This system requires all employers to
secure payment of benefits by either securing the consent of
the Department of Industrial Relations to self-insure or by
securing insurance against liability from an insurance
company duly authorized by the state.
2. States that the workers compensation appeals board may
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determine, and allow as liens against any sum to be paid as
compensation, any amount determined set forth in the statute
including a reasonable attorney's fee, the reasonable expense
incurred by or on behalf of the injured employee and the
reasonable value of the living expenses of an injured
employee.
3. States that a lien claim for expenses as provided above shall
not be filed after three years from the date the services
were provided, nor more than 18 months after the date the
services were provided, if the services were provided on or
after July 1, 2013.
5. States that with the exception of a lien for services
provided by a physician, no lien claimant shall be entitled
to any medical information, as defined by Section 50.05 of
the Civil Code, about an injured worker without prior written
approval of the appeals board.
6. Defines medical information as any individually identifiable
information, in electronic or physical form, in possession of
or derived from a provider of health care, health care
service plan, pharmaceutical company, or contractor regarding
a patient's medical history, mental or physical condition, or
treatment. (Civil Code Section 56.05)
This bill changes the code section referencing the definition of
"medical information" from Section 50.05 of the Civil Code,
which does not exist, to Section 56.05 which is the actual code
section defining this information.
Comments
Proponents argue that SB 375 provides an important clean-up
amendment to lien claim filing exemptions for workers'
compensation. Proponents contend that although the change is
technical and seems non-substantive, it corrects an important
error currently in code by referencing the correct definition of
medical information currently in Civil Code.
Prior legislation
SB 863 (DeLeon, Chapter 363, Statutes of 2012) significantly
restructured the manner in which workers' compensation liens are
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filed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
PQ:d 5/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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