BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2086


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          Date of Hearing:  April 6, 2016


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


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


          SUBJECT:  Workers' compensation: neuropsychologists


          SUMMARY:  Provides a statutory authorization for  
          neuropsychologists to perform the services of a qualified  
          medical examiner (QME) in the workers' compensation system.   
          Specifically, this bill:  


          1)Contains Legislative findings and declarations concerning the  
            role and importance of neuropsychologists in evaluating  
            permanent disability for injured workers who have experienced  
            brain trauma.

          2)Provides that neuropsychologists are among the specialty  
            workers' compensation physicians, as defined in the Labor  
            Code, who may be appointed as QMEs for purposes of evaluating  
            medical-legal issues in the workers compensation system.





          3)Specifies that, in order to qualify, the neuropsychologist: 

             a)   must be board certified by the American Board of  








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               Clinical Neuropsychology, the American Board of  
               Professional Neuropsychology, or another certifying board  
               recognized by the Administrative Director (AD) of the  
               Division of Workers' Compensation (DWC), or 

             b)   if not certified by a board listed above, must meet  
               specified training and experience requirements, and have  
               served as a neuropsychologist in the capacity of an agreed  
               medical evaluator (AME) at least 5 times.





          4)Clarifies that a physician and surgeon can be appointed as a  
            QME is he or she is either board certified by a specialty  
            board recognized by the American Board of Medical Specialties  
            (ABMS), or completed a residency program accredited by the  
            Accreditation Council for Graduate Medical Education (ACGME).

          5)Provides that a physician and surgeon who completed a  
            residency training program accredited by a predecessor  
            certifying organization to the ACGME is also eligible to be  
            appointed as a QME.



          6)Provides that the bill is an urgency measure, to take effect  
            immediately.



          EXISTING LAW:  


          1)Establishes a comprehensive system to provide workers'  
            compensation benefits to employees who suffer injuries or  
            conditions that arise out of or in the course of employment.   
            Benefits include medical care to cure and relieve the effects  








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            of the injury or condition, temporary disability benefits for  
            injured employees who are unable to work during the period of  
            recovery, permanent disability benefits for injured employees  
            who suffer permanent disabilities as a consequence of the  
            injury or condition, among other benefits.

          2)Provides for a formal system of administrative dispute  
            resolution for cases where the employer and employee are not  
            in agreement over any issue associated with the delivery of  
            workers' compensation benefits.



          3)Provides for the appointment of a QME to evaluate the injured  
            employee whenever disputed medical-legal issues arise.



          4)Specifies the qualifications necessary for workers'  
            compensation physicians to be appointed as QMEs, including  
            with respect to physicians and surgeons, that they  
            successfully completed a residency program accredited by ACGME  
            - the body recognized as the accrediting organization for  
            medical specialty training programs.



          5)Authorized, until the adoption by DWC of a regulation in 2015,  
            neuropsychologists to perform the function of a QME is  
            appropriate brain trauma cases. 



          6)Provides for AMEs, who perform essentially the same functions  
            as QMEs, but who are not selected randomly from DWC-generated  
            lists and instead are selected by mutual agreement of the  
            parties.










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          FISCAL EFFECT:  Undetermined


          COMMENTS:  


           1)Purpose  .  According to the author, AB 2086 is necessary  
            because neuropsychologists provide valuable input in serious  
            brain injury cases in the workers' compensation system.  
            Neuropsychologists appointed as QMEs have been providing this  
            input in workers' compensation cases for the last 22 years.   
            However, the DWC has recently adopted regulations that  
            repealed the authorization for neuropsychologists to perform  
            QME functions.  The bill is intended to override that  
            regulation, and reinstate the opportunity for  
            neuropsychologists to perform QME functions.

           2)QME process  .  When a medical-legal dispute arises, a QME is  
            appointed to evaluate the injured employee.  "Medical-legal"  
            does not refer to whether or not a treatment at issue is  
            legally required.  There is a separate medical treatment  
            dispute resolution process.  "Medical- legal" relates to the  
            legal consequences of medical conditions, frequently the  
            extent to which an injured employee's injuries or conditions  
            are disabling, or whether the injuries or conditions have  
            become permanent and stationary.  When there is a dispute on  
            an issue of this nature, a party can request appointment of a  
            QME.  The requesting party specifies what sort of expertise is  
            needed to resolve the dispute, and the DWC appoints a panel,  
            from which a single QME is selected.  If a neuropsychologist  
            is the expertise required, but only general psychologists are  
            on the QME lists, there is no guarantee that a person with the  
            proper expertise will be the QME.  In that case, the  
            under-qualified QME will be forced, with additional expense  
            and delay, to "consult" with a neuropsychologist.  No  
            stakeholder group involved in the workers' compensation system  
            has suggested that this would be a desirable result.









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           3)ACGME  .  Currently, ACGME is the accepted entity that accredits  
            medical specialty training programs, and as a consequence the  
            Labor Code refers to completion of ACGME-accredited programs  
            as a basis to qualify to perform QME functions. However, there  
            are practicing physicians and surgeons who completed their  
            residency prior to the establishment of ACGME in the early  
            1980's, and who could otherwise qualify as QMEs.  The bill  
            also seeks to authorize the AD to accept as QMEs those  
            physicians who obtained their specialty training from a  
            predecessor accrediting organization.



           4)Prior legislation  .  Last year, AB 1542 (Mathis and Cooley) was  
            substantially similar to AB 2086, and was unanimously approved  
            by the Legislature.  However, the Governor vetoed AB 1542.   
            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."

          It is not clear from the veto message what deficiency AB 1542  
            suffered from.  For example, with respect to physicians and  
            surgeons, current statute recognizes the specialties  
            sanctioned by the ACGME.  Similarly, AB 1542 would have  








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            recognized psychological specialists certified by two specific  
            and nationally respected neuropsychology certifying boards.   
            The bill provided no less specificity or uncertainty for  
            psychology specialists than currently exists for medical  
            specialists.  In addition, the veto message suggests that the  
            Board of Psychology should take action to recognize  
            specialists, if it believes there is value in doing so.   
            However, the Medical Board, which licenses physicians and  
            surgeons, does not perform that function with respect to its  
            licensees, and does not define or establish medical  
            specialties.  

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




          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Society of Industrial Medicine and Surgery


          California Psychological Association


          California Conference of Machinists


          Western Occupational and Environmental Medical Association  
          (WOEMA) 









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          Opposition


          None received




          Analysis Prepared by:Mark Rakich / INS. / (916) 319-2086