BILL ANALYSIS Ó AB 2230 Page 1 ASSEMBLY THIRD READING AB 2230 (Chu) As Amended May 9, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Insurance |13-0 |Daly, Melendez, | | | | |Travis Allen, | | | | |Bigelow, Calderon, | | | | |Chu, Cooley, Cooper, | | | | |Dababneh, Dahle, | | | | |Frazier, Gatto, | | | | |Rodriguez | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Provides that interpreters who work in the workers' compensation system cannot be required to disclose privileged attorney-client communications for which they provided translation services. Specifically, this bill: 1)Provides that an interpreter working in the workers' compensation system shall not, regardless of the location or AB 2230 Page 2 other circumstances of the communication, disclose any privileged attorney-client communications for which the interpreter provided services. 2)Establishes that any party in the workers' compensation system who attempts to obtain an improper disclosure of a privileged communication is guilty of a bad faith tactic, and therefore subject to sanctions. EXISTING LAW: 1)Provides for a comprehensive system of employer-paid benefits for employees who suffer injuries or conditions that arise out of or occur in the course of employment. 2)Establishes procedures for obtaining medical care and a system for resolving disputes that includes pre-trial depositions, employer-requested medical evaluations, and administrative adjudication of disputed issues before workers' compensation judges. 3)Entitles an injured employee who is not proficient in the English language to an interpreter paid for by the employer. 4)Requires interpreters to be certified. 5)Requires the Administrative Director of the Division of Workers' Compensation to establish a fee schedule for interpreting services. 6)Allows an employer or insurer to contract for services, AB 2230 Page 3 including interpreting services, at compensation below the fee schedule. 7)Prohibits an interpreter from disclosing to any person who was not an immediate participant in the communication anything about what was interpreted. FISCAL EFFECT: Undetermined impact on state workers' compensation costs. COMMENTS: 1)Purpose. According to the author, the current system allowing employers to select interpreters for injured workers is highly problematic for both the injured worker and their legal representatives. Injured workers should be able to enjoy the services of interpreters whose sole duty is to them. A major concern of lawyers who represent injured workers is that an interpreter employed by the employer might disclose confidential client information or communications to the employer. 2)Attorney-client communications. One area of particular concern addressed by proponents is that employer provided and paid interpreters might be susceptible to pressure from the employer to disclose communications that would be covered by the attorney-client privilege. As noted above, there is a general prohibition in statute against an interpreter disclosing to anyone not a part of a conversation the contents of that conversation. One potential way to address the concern that interpreters might be pressured to make these AB 2230 Page 4 disclosures would be to expressly add a protection in statute concerning attorney-client communications that would provide interpreters a specific response if that pressure should arise. Analysis Prepared by: Mark Rakich / INS. / (916) 319-2086 FN: 0002942