BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                    THIRD READING


          Bill No:  SB 563
          Author:   Pan (D)
          Amended:  1/4/16  
          Vote:     21  

           SENATE LABOR AND IND. REL. COMMITTEE:  4-1, 4/29/15
           AYES: Mendoza, Jackson, Leno, Mitchell
           NOES: Stone

           SENATE LABOR AND IND. REL. COMMITTEE:  5-0, 1/13/16
           AYES: Mendoza, Stone, Jackson, Leno, Mitchell

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 1/21/16
           AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Workers compensation:  utilization review


          SOURCE:    California Medical Association


          DIGEST:  This bill prohibits physician incentive contracts and  
          agreements on the basis of modifying or denying care in the  
          California workers' compensation system.


          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  








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            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)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)Requires that all employers create a utilization review (UR)  
            process, which is a process that prospectively,  
            retrospectively, or concurrently reviews and approves,  
            modifies, delays, or denies, based in whole or in part on  
            medical necessity to cure and relieve, treatment  
            recommendations by physicians.  (Labor Code §4610)

          4)Requires that each UR process be governed by written policies  
            and that these policies and procedures, and a description of  
            the utilization process, must be filed with the administrative  
            director and must be disclosed by the employer to employees,  
            physicians, and the public upon request.  (Labor Code  
            §4610(c))

          5)Provides that, in the event of a dispute over a UR decision on  
            or after July 1, 2014, all disputes must be submitted for  
            Independent Medical Review (IMR).  The independent reviewer's  
            information must be kept confidential.  (Labor Code §§4610.5  
            and 4610.6)

          6)Requires that, in the absence of fraud, error, or illegal  
            conduct, the IMR decision is final and binding.  (Labor Code  
            §4610.6)

          This bill:

          1)Prohibits the employer, or any entity conducting UR on behalf  
            of the employer, from offering or providing any financial  
            incentive or consideration to a physician based on the number  








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            of UR modifications, delays, or denials made by the physician.  


          2)Provides the Division of Workers' Compensation (DWC) with the  
            explicit authority to review any compensation agreement,  
            payment schedule, or contract between the employer, or any  
            entity conducting UR on behalf of the employer, and the UR  
            physician.

          Background
          
          Utilization review.  In California's workers' compensation  
          system, an employer or insurer cannot deny treatment. When an  
          employer or insurer receives a request for medical treatment,  
          the employer or insurer can either approve the treatment or, if  
          the employer or insurer believes that a physician's request for  
          treatment is medically unnecessary or harmful, the employer or  
          insurer must send the request to UR. 

          UR is the review process for medical treatment recommendations  
          by physicians to see if the request for medical treatment is  
          medically necessary. The full UR process varies by vendor, but  
          it generally involves initial review by a non-physician, with  
          higher level review(s) being conducted by a physician or  
          physicians. Only a licensed physician who is competent to  
          evaluate the specific clinical issues involved in the medical  
          treatment services may modify, delay, or deny a request for  
          medical treatment.  If the UR physician does modify, delay, or  
          deny the medical treatment, then the injured worker can appeal  
          the decision to IMR, but without the UR decision there cannot be  
          an IMR decision.

          This process is triggered by the physician submitting a Request  
          for Authorization for Medical Treatment (RFA), which is a DWC  
          form where the physician details his or her diagnosis and  
          treatment, and must include an additional form which provides a  
          narrative and substantiates the need for treatment.  As was  
          discussed above, an employer or insurer cannot contest or in any  
          way delay or deny treatment without sending the RFA through UR.  
          (see State Compensation Insurance Fund v. WCAB (Sandhagen), 44  
          CAL. 4TH 230 (2008)).









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

          According to the Senate Appropriations Committee, the Department  
          of Industrial Relations indicates that it would incur first-year  
          costs of $600,000 and $575,000 ongoing (special fund) to  
          implement the provisions of this bill, a result of increased  
          auditing and legal workload.


          SUPPORT:   (Verified1/21/16)


          California Medical Association (source)
          California Labor Federation, AFL-CIO
          California Orthopedic Association


          OPPOSITION:   (Verified1/21/16)


          None received


          ARGUMENTS IN SUPPORT:     The California Medical Association  
          (CMA) argues that SB 563 will increase transparency and  
          accountability within the workers' compensation UR process to  
          ensure persons involved in authorizing injured worker medical  
          care on behalf of the employer are not being inappropriately  
          incentivized to modify, delay, or deny requests for medically  
          necessary services. CMA notes that, while there is agreement  
          among most that such an incentive is unacceptable, there  
          currently is no explicit prohibition in statute ensuring it does  
          not occur. By making such a prohibition explicit and giving the  
          DWC the explicit authority to ensure inappropriate incentives  
          are not used, CMA argues that SB 563 is a necessary reform to  
          California's workers' compensation system and brings California  
          into line with other states that prohibit inappropriate UR  
          incentives.
           

          Prepared by: Gideon L. Baum / L. & I.R. / (916) 651-1556








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          1/25/16 16:16:48
           1/25/16 16:16:48


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