BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 563| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 563 Page 2 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 SB 563 Page 3 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)). SB 563 Page 4 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 SB 563 Page 5 1/25/16 16:16:48 1/25/16 16:16:48 **** END ****