BILL NUMBER: SB 542	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 26, 2015

   An act to amend Section  139.43   5307.8
 of the Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 542, as amended, Mendoza. Workers' compensation  : home
health care services: fe   e schedules  . 
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an employee for injuries
sustained in the course of his or her employment. Existing law
requires the administrative director to adopt an official medical fee
schedule that establishes reasonable maximum fees paid for specified
medical services related to workers' compensation. Existing law also
requires the administrative director to adopt a schedule for payment
of home health care services that are not covered by a Medicare fee
schedule and are not otherwise covered by the official medical fee
schedule. Existing law requires this fee schedule to be based on the
maximum service hours and fees set forth in provisions of law
governing in-home supportive services.  
   This bill would authorize, rather than require, the fee schedule
to be based on either the maximum service hours and fees set forth in
provisions of state law governing in-home supportive services or
other state or federal home health care services fee schedules, as
specified.  
   Existing law prohibits a person or entity, other than physicians
or attorneys, from advertising, printing, displaying, publishing,
distributing, or broadcasting in any manner a statement concerning
services or benefits to be provided to an injured worker, which is
paid for by that person or entity that is false, misleading, or
deceptive. Violation of these provisions is a misdemeanor punishable
by incarceration in the county jail for not more than one year, or by
a fine not exceeding $10,000, or by both that imprisonment and fine.
 
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5307.8 of the   Labor
Code   is amended to read: 
   5307.8.   (a)    Notwithstanding Section 5307.1,
 on or before July 1, 2013,  the administrative
director shall adopt, after public hearings, a schedule for payment
of home health care services provided in accordance with Section 4600
that are not covered by a Medicare fee schedule and are not
otherwise covered by the official medical fee schedule adopted
pursuant to Section 5307.1. The schedule shall set forth fees and
requirements for service providers, and  shall  
may  be based  on the   upon, but is not
limited to, being based upon, either of the following: 
    (1)     The  maximum service hours and
fees as set forth in regulations adopted pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code.  No fees shall
 
   (2) A state or federal home health care services fee schedule
other than the schedule described in paragraph (1), including a fee
schedule authorized for purposes of the Medi-Cal program or a fee
schedule administered by the federal Director of the Office of
Workers' Compensation Programs. 
    (b)     Fees shall not  be provided
for any services, including any services provided by a member of the
employee's household, to the extent the services had been regularly
performed in the same manner and to the same degree prior to the date
of injury. If appropriate,  an  attorney's 
fee   fees  for recovery of home health care 
services  fees under this section may be awarded in accordance
with Section 4906 and any applicable rules or regulations. 
  SECTION 1.    Section 139.43 of the Labor Code is
amended to read:
   139.43.  (a) A person or entity shall not advertise, print,
display, publish, distribute, or broadcast, or cause or permit to be
advertised, printed, displayed, published, distributed, or broadcast
in any manner, a statement concerning services or benefits to be
provided to an injured worker, which is paid for directly or
indirectly by that person or entity and is false, misleading, or
deceptive, or that omits material information necessary to make the
statement therein not false, misleading, or deceptive.
   (b) As soon as reasonably possible, but not later than January 1,
1994, the administrative director shall adopt regulations governing
advertising by persons or entities other than physicians and
attorneys with respect to services or benefits for injured workers.
In promulgating regulations pursuant to this subdivision, the
administrative director shall review existing regulations, including
those adopted by the State Bar, to identify those regulatory
approaches that may serve as a model for regulations required by this
subdivision.
   (c) A violation of subdivision (a) is a misdemeanor, punishable by
incarceration in the county jail for not more than one year, or by a
fine not exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.
   (d) This section shall not apply to physicians or attorneys. It is
the intent of the Legislature to exempt physicians and attorneys
from this section because the conduct regulated by this section, with
respect to physicians and attorneys, is governed by other provisions
of law.