BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2086|
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                                   THIRD READING 


          Bill No:  AB 2086
          Author:   Cooley (D) and Mathis (R)
          Amended:  8/1/16 in Senate
          Vote:     27 - Urgency

           SENATE LABOR & IND. REL. COMMITTEE:  4-0, 6/8/16
           AYES:  Mendoza, Stone, Leno, Mitchell
           NO VOTE RECORDED:  Jackson

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  76-0, 4/28/16 (Consent) - See last page for  
            vote

           SUBJECT:   Workers compensation:  neuropsychologists


          SOURCE:    California Society of Industrial Medicine and Surgery


          DIGEST: This bill permits the Division of Workers Compensation  
          (DWC) to appoint qualified clinical neuropsychologists as  
          Qualified Medical Examiners (QMEs).


          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,  








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            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)Requires that the administrative director (AD) appoints  
            qualified medical evaluators (QMEs) in each of the respective  
            specialties as required for the evaluation of medical-legal  
            issues. In order to be appointed as a QME, the applicant must  
            pass a written examination and meet additional requirements  
            specific to each specialty. 

            For medical doctors or doctors of osteopathy, the applicant  
          must:


             a)   Be board certified in a specialty by a board recognized  
               by the AD and either the Medical Board of California or the  
               Osteopathic Medical Board of California; or


             b)   Have successfully completed a residency training program  
               accredited by the Accreditation Council for Graduate  
               Medical Education (ACGME) or the osteopathic equivalent.

            For psychologists, the applicant must:


             a)   Be board certified in clinical psychology by a board  
               recognized by the AD; or


             b)   Hold a doctoral degree in psychology, or a doctoral  
               degree deemed equivalent for licensure by the Board of  
               Psychology from a university or professional school  
               recognized by the AD and has not less than five years'  
               postdoctoral experience in the diagnosis and treatment of  
               emotional and mental disorders; or


             c)   Has not less than five years' postdoctoral experience in  
               the diagnosis and treatment of emotional and mental  
               disorders, and has served as an agreed medical evaluator on  







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               eight or more occasions prior to January 1, 1990.
           
           (Labor Code §139.2)  

           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)Clarifies that a physician and surgeon can be appointed as a  
            QME if he or she is either board certified by a specialty  
            board recognized by the American Board of Medical Specialties,  
            or completed a residency program accredited by ACGME.


          3)Permits a medical doctor to be appointed as a QME if his or  
            her residency training program was certified by a predecessor  
            to the ACGME or the American Osteopathic Association.


          4)Permits the appointment of a clinical neuropsychologist as a  
            QME if:


             a)   The clinical neuropsychologist is by the American Board  
               of Clinical Neuropsychology, the American Board of  
               Professional Neuropsychology, or another organization  
               recognized by the AD. 


             b)   The clinical neuropsychologist is licensed to practice  
               psychology in this state and has a doctoral degree in  
               psychology from an accredited university or college  
               training program, has completed an internship or its  
               equivalent in a clinically relevant area of professional  
               psychology, and has at least two years of experience and  
               specialized training, at least one year of which is at the  
               post-doctoral level in the study and practice of clinical  
               neuropsychology and related neurosciences under the  
               supervision of a clinical neuropsychologist, and has served  
               as an agreed medical evaluator in neuropsychology on five  







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               or more occasions.


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




          Comments
          
          1)QMEs and Medical-Legal Disputes
           
            As was noted above, QMEs are medical examiners who have taken  
            an exam and met certain specific requirements that are  
            authorized to conduct an evaluation of medical-legal issues.  
            Medical-legal does NOT refer to if an injured worker will or  
            will not receive medical treatment. Rather, 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 medical-legal dispute, 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  
            both parties can agree to a single medical examiner, than the  
            agreed upon doctor, known as an Agreed Medical Evaluator  
            (AME), is used instead of the QME panel to resolve the  
            Medical-legal issues.

            Until recently, Clinical Neuropsychologists were included as  
            being eligible for selection as QMEs. Generally, Clinical  
            Neuropsychologists were selected for their expertise in cases  
            involving head trauma. For reasons discussed below, that is no  
            longer the case. However, Clinical Neuropsychologists may  
            still be selected as AMEs.

          2)AB 2086 and Clinical Neuropsychologists as QMEs
           
            According to the American Neuropsychiatric Association (ANPA),  
            clinical neuropsychology is distinct from traditional  
            psychology due to the focus on understanding brain function.  







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            The ANPA states: 

            "A clinical neuropsychologist usually holds an advanced degree  
            in clinical psychology (Ph.D., Psy.D.), and has completed a  
            clinical internship and specialized post-doctoral training in  
            clinical neuropsychology. What distinguishes a clinical  
            neuropsychologist from other clinical psychologists is  
            knowledge of the brain, including an understanding of areas  
            such as neuroanatomy and neurological disease?. They use  
            neuropsychological tests to assess cognitive deficits, and  
            they are involved in the management, treatment and  
            rehabilitation of cognitively impaired patients."

            As noted above, the DWC may only certify a psychologist if the  
            psychologist is board certified by the Board of Psychology or  
            a board recognized by the DWC. Currently, Clinical  
            Neuropsychology is not a recognized specialty by the Board of  
            Psychology. Despite this, the DWC recognized Clinical  
            Neuropsychologists as QMEs until recent regulations removed  
            Clinical Neurologists from the list of potential QMEs. While  
            this decision brought the QME regulations in line with  
            statute, it was met with disappointment from some  
            stakeholders.

            AB 2086 returns the QME process to the prior status quo,  
            allowing clinical neuropsychologists to be appointed as QMEs. 

          Related/Prior Legislation
          
          AB 1542 (Mathis) of 2015 was very similar to this bill, and it  
          was vetoed by Governor Brown. 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  







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            neuropsychology as a subspecialty, it should do so.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, DIR would  
          incur minor and absorbable costs to develop new regulations.  
          However, DIR anticipates that this bill will result in unknown,  
          potentially significant costs to the workers' compensation  
          system as a consequence of an increase in requests for QME  
          panels.


          SUPPORT:   (Verified8/12/16)


          California Society of Industrial Medicine and Surgery (source)
          California Conference of Machinists
          California Neurology Society
          California Professional Firefighters
          California Psychological Association
          California School Employees Association
          California Society of Industrial Medicine and Surgery
          California Society of Physical Medicine and Rehabilitation
          Voters Injured at Work
          Western Occupational and Environmental Medical Association


          OPPOSITION:   (Verified8/12/16)


          Department of Finance


          ARGUMENTS IN SUPPORT:     Proponents note that, until recently,  
          clinical neuropsychologists were eligible for appointment as  
          QMEs. Proponents further note that clinical neuropsychologists  
          are trained in understanding neuro-diseases and neuro-anatomy,  
          differentiating neuropsychologists from traditional  
          psychologists. Proponents argue that neuropsychologists are  
          needed to evaluate a number of serious head and brain injuries  
          including penetrating brain injuries, anoxia/Hypoxia, Diffuse  







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          Axonal Injury, and Coup-contrecoup injuries. Proponents also  
          argue that denying injured workers access to neuropsychologists  
          as QMEs will require traditional psychologists serving as QMEs  
          to contact clinical neuropsychologists in order to adequately  
          perform their duties as a QME, creating unnecessary delay and  
          cost for injured workers and employers.


          ARGUMENTS IN OPPOSITION:     The Department of Finance (DOF) is  
          opposed to AB 2086, arguing that it infringes upon the authority  
          of the AD of the DWC to determine specialties within the  
          qualified medical evaluator process. DOF also notes the  
          Department recently amended its existing qualified medical  
          evaluator regulations, under which a clinical neuropsychologist  
          would continue to qualify as an appointed QME under the general  
          psychology category. Additionally, DOF argues that AB 2086 may  
          encourage attempts to include other specialties within the  
          qualified medical evaluation process, which could result in  
          additional costs to the workers' compensation system.

          ASSEMBLY FLOOR:  76-0, 4/28/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty,  
            Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Chávez, Daly, Mathis, Olsen

          Prepared by:Gideon L. Baum / L. & I.R. / (916) 651-1556
          8/15/16 20:22:13


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