BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2086


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          Date of Hearing:  April 20, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2086 (Cooley) - As Amended March 30, 2016


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          Urgency:  Yes State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill provides a statutory authorization for  
          neuropsychologists to perform the services of a qualified  
          medical examiner (QME) in the workers' compensation system.


          FISCAL EFFECT:










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          Any costs to the Department of Industrial Relations (DIR) are  
          minor and absorbable as part of an ongoing regulatory effort  
          (Workers Compensation Administration Revolving Fund).


          COMMENTS:


          1)Purpose. This bill is intended to supersede regulations in one  
            narrow aspect related to QMEs, by authorizing  
            neuropsychologists who meet certain criteria to be QMEs.    



          2)QME process.  Qualified medical evaluators (QMEs) are  
            qualified physicians who are certified by the Division of  
            Workers' Compensation - Medical Unit to examine injured  
            workers to evaluate disability and write medical-legal  
            reports. The reports are used to determine an injured worker's  
            eligibility for workers' compensation benefits. QMEs include  
            medical doctors, doctors of osteopathy, doctors of  
            chiropractic, dentists, optometrists, podiatrists,  
            psychologists and acupuncturists.



            The QME process is not related to treatment. Rather, QMEs are  
            appointed to evaluate medical-legal disputes (disputes over  
            the extent to which an injured employee's injuries or  
            conditions are disabling or are work-related), upon request of  
            a party to a workers' compensation claim.  The requesting  
            party specifies the type of expertise needed to resolve the  
            dispute, and the Division of Worker's Compensation (DWC)  
            appoints a panel, from which a single QME is selected.  A  
            clinical psychologist or physician who is acting as a QME can  
            refer for a consultation with a neuropsychologist if  
            necessary.  Proponents suggest if neuropsychology is the  
            required expertise, but only general clinical psychologists  
            are on the QME lists, the system will incur added expense and  








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            time for consultations.   





          3)Clinical neuropsychology is a specialty recognized by the  
            American Psychological Association.  Neuropsychologists  
            assess, diagnose, and treat neurological disorders or  
            injuries, and have expertise in the applied science of brain  
            and behavior. A neuropsychologist may evaluate a patient or an  
            injured worker who has a known or suspected brain injury or  
            brain disease, and evaluate how their brain function impacts  
            day-to-day behavior and ability. 



          4)Division of Workers' Compensation (DWC) Regulations. According  
            to DIR, the DWC intends to rely on appropriate professional  
            regulatory boards such as the Medical Board and the Board of  
            Psychology to recognize the types of specialties that are  
            appropriate to be on QME panels.  



          5)Board of Psychology recognition of specialties. The Board does  
            not currently recognize specialties the way some other healing  
            arts boards do.  Instead, the Board enforces competency of  
            practice on a complaint basis using expert review to establish  
            competency. For example, if the complaint is against someone  
            performing neuropsychology then the Board would refer the  
            matter to an expert in neuropsychology to see if the subject  
            deviated from the standard of care or provided care outside of  
            his/her expertise.  
          
          6)Urgency.  The author explains an urgency clause is necessary  
            because the DWC recently abolished the recognition of  
            neuropsychologists as QMEs in the workers' compensation  
            system.








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           7)Prior legislation.  Last year, AB 1542 (Mathis and Cooley) was  
            substantially similar to AB 2086, and was vetoed. The  
            Governor's veto message stated:





                 "This bill requires the Division of Worker's Compensation  
                 to appoint qualified clinical neuropsychologists as  
                 Qualified Medical Examiners.

                 This bill undermines the Division of Workers'  
                 Compensation's authority to apply consistent standards  
                 when it determines eligible medical specialties for the  
                 Qualified Medical Evaluator panel.  The Division is not  
                 in the position to determine the validity of a  
                 physician's qualifications.  That power resides with the  
                 physician's licensing board.  If the Board of Psychology  
                 believes there is value in recognizing neuropsychology as  
                 a subspecialty, it should do so."



              Proponents have committed to working with the Administration  
            to clarify these issues, and find an acceptable methodology  
            for identifying qualified neuropsychologists.






          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081









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