BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 522|
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THIRD READING
Bill No: SB 522
Author: Mendoza (D)
Amended: 4/6/15
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/22/15
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SUBJECT: Workers compensation: advertisements
SOURCE: Author
DIGEST: This bill differentiates between two processes in
California's workers' compensation system that are both known as
"Independent Medical Review" (IMR).
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.
SB 522
Page 2
2)Provides that medical, surgical, chiropractic, acupuncture,
and hospital treatment, including nursing, medicines, medical
and surgical supplies, crutches, and apparatuses, including
orthotic and prosthetic devices and services, that is
reasonably required to cure or relieve the injured worker from
the effects of his or her injury shall be provided by the
employer. (Labor Code § 4600)
3)Allows an insurer, employer, or entity that provides physician
network services to establish a medical provider network (MPN)
for the provision of medical treatment to injured employees.
MPN shall include physicians primarily engaged in the
treatment of occupational injuries to treat common injuries
experienced by injured employees based on the type of
occupation or industry in which the employee is engaged, and
the geographic area where the employees are employed. (Labor
Code § 4616)
4)Provides that, in the event over a dispute over a utilization
review decision, all disputes must be submitted for IMR. The
independent reviewer's information must be kept confidential.
(Labor Code §§ 4610.5 and 4610.6)
5)Creates a process through which an injured worker in a MPN may
seek an independent medical opinion if the injured worker does
not agree with the MPN physician's diagnosis or recommended
medical treatment. This process is also known as IMR. (Labor
Code § 4616.4)
This bill renames the process through which an injured worker in
a MPN may seek an independent medical opinion as "MPN
independent medical review."
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SB 522
Page 3
SUPPORT: (Verified4/24/15)
None received
OPPOSITION: (Verified4/24/15)
None received
ARGUMENTS IN SUPPORT: The author notes that, under existing
law, the workers' compensation system has two processes that are
known as IMR. The author believes that this could create
confusion and create barriers for injured workers to access
their rights. The author argues that this bill resolves this
issue by retitling the independent opinion process within a MPN
as "MPN independent medical review," thereby clarifying the
different processes and helping to ensure injured workers better
understand the rights that are available to them.
Prepared by:Gideon Baum / L. & I.R. / (916) 651-1556
4/24/15 15:45:09
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