BILL NUMBER: SB 542	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 4, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 26, 2015

   An act to amend Section 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: fee 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.
   Vote: majority. Appropriation: no. Fiscal committee: 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, 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 may be based 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.
   (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,
attorney's 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.