BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1160


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          Date of Hearing:  June 22, 2016


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          SB  
          1160 (Mendoza) - As Amended June 20, 2016


          SENATE VOTE:  26-12


          SUBJECT:  Workers' compensation:  utilization review


          SUMMARY:  Requires utilization review entities to be certified;  
          increases penalties for the failure to comply with data filing  
          requirements; and modifies a statutory treatment guideline.   
          Specifically, this bill:  


          1)Requires a utilization review (UR) entity to be accredited by  
            July 1, 2018, and every 3 years thereafter.


          2)Authorizes the Administrative Director (AD) of the Division of  
            Workers' Compensation (DWC) to require more frequent  
            re-accreditation if he or she deems it necessary.


          3)Specifies criteria that the accrediting organization will use  
            to evaluate UR processes.


          4)Requires the AD to adopt rules governing the organization that  








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            will provide the acreditation, and authorizes the AD to expand  
            the criteria that the organization will apply.


          5)Modifies the 24-visit cap on chiropractic, physical therapy  
            and occupational therapy visits, by specifying that in cases  
            involving physical medicine rehabilitative services to the  
            extent the cap is inconsistent with evidence-based treatment  
            guidelines to be adopted by the AD, the guideline adopted by  
            the AD prevails.



          6)Requires the AD to adopt regulations designed to create a more  
            efficient workers' compensation claim information system,  
            including specifying the data elements to be collected.



          7)Requires the AD to publicly post the identities of those who  
            fail to submit the claims data as required by law.


          8)Establishes enhanced penalties for the failure to comply with  
            workers' compensation claim data filing requirements, as  
            follows:


             a)   Increases the basic fine for failure to file appropriate  
               data from up to $5000 to up to $10,000.


             b)   Establishes enhanced penalties of between $15,000 and  
               $45,000 for mandated data filers that have incurred more  
               than $8000 in fines in successive years.


          EXISTING LAW:   









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          1)Establishes a comprehensive system to provide benefits,  
            including medical treatment, to employees who are injured or  
            suffer conditions that arise out of or in the course of  
            employment.


          2)Requires treatment to be evidence-based, as detailed in a  
            Medical Treatment Utilization Schedule adopted and maintained  
            by the Administrative Director AD.


          3)Limits the number of chiropractic, physical therapy, or  
            occupational therapy visits to no more than 24.


          4)Provides for a Workers' Compensation Information System  
            (WCIS), and mandates that specified claims data be filed by  
            entities that pay workers' compensation claims.


          5)Authorizes the AD to impose a fine of up to $5000 per year for  
            a failure of a required filer to comply with the law.


          6)Requires every employer or insurer to maintain a UR process,  
            which is the mechanism for the employer or insurer to review,  
            delay, modify or deny treatment requested by a treating  
            medical provider.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, the DWC indicated, with respect to a much broader  
          version of this bill, that it would incur first-year costs  
          ranging from $932,000 to $1.8 million (special fund) to  
          administer the bill. Ongoing costs would likely range from  
          $900,000 to $1.2 million annually. Additionally, the bill would  
          likely result in increased penalty revenue, the magnitude of  
          which is unknown. 








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          COMMENTS:  


          1)Purpose.  According to the author, UR has come under some  
            scrutiny by stakeholders, many of whom argue that it is  
            leading to a significant number of injured workers being  
            denied care. This claim, however, is not currently supported  
            by the data.  The California Workers' Compensation Institute  
            (CWCI) found that only approximately 25% of medical treatment  
            requests go through UR, with approximately 75% of the medical  
            treatment requests approved.  Once the approvals from UR and  
            Independent Medical Review (IMR) are included, more than 94%  
            of treatment is approved OVERALL in California's workers'  
            compensation system.  However, there appear to be  
            discrepancies between payors at the rate they approve, modify,  
            delay, or deny treatment through UR. For example, in a recent  
            RAND presentation before the Commission on Health and Safety  
            and Workers' Compensation, a sample of payor data showed that  
            a public self-insured employer with an in-house UR process  
            approved treatment at the initial claims adjuster level about  
            90% of the time, while a Third Party Administrator who also  
            had an in-house UR process approved treatment at the initial  
            claims adjuster level only about 50% of the time. While that  
            same TPA eventually approved a similar level of treatment, it  
            is unclear why the TPA would send more treatment through the  
            full UR process. While the RAND study is preliminary and the  
            numbers above may change as the study is finalized, these  
            numbers suggest that the UR process discrepancies between  
            payors may explain stakeholder concerns surrounding the UR  
            process, and require exploration to explain.
           
           2)WCIS.  It has recently become apparent that some entities that  
            are required to submit data to WCIS have simply decided to pay  
            the annual $5000 fine and ignore filing requirements.  WCIS is  








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            an important data base because it allows researchers to sort  
            and analyze claim data in the ongoing effort to improve  
            efficiency the workers' compensation system, ensure better  
            care for injured workers, and control costs for employers.   
            The failure to submit the required data can create a  
            substantial impediment to that ongoing work.  This is why the  
            bill proposes increased and, for ongoing recalcitrant  
            employers, stepped up penalties.


           
           3)Physical medicine.  The bill proposes a change to the 24-visit  
            cap on physical medicine.  There is already an exception to  
            the cap for post-surgical care.  In that case, the AD has  
            adopted specific treatment guidelines that control over the  
            hard caps in cases where the guidelines apply.  The bill  
            proposes a similar approach for a broader scope of  
            rehabilitation treatment.  The caps would remain in place, but  
            be supplanted only to the extent that an evidence-based  
            treatment guideline adopted by the AD is applicable.


           
           4)Opposition.  The bill has substantial opposition.  In  
            response, the author has recently made substantial amendments  
            to the bill, deleting several provisions of the greatest  
            concern to the opposition.  While it may not be true for every  
            opponent, a number of the opposing organizations have  
            indicated that even though they cannot change their position,  
            they are comfortable working with the author as the bill moves  
            to the Assembly Floor.  


           REGISTERED SUPPORT / OPPOSITION:




          Support








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          California Labor Federation 


          California Professional Firefighters (CPF)


          Small Business California 




          Opposition


          California Chamber of Commerce


          Acclamation Insurance Management Services


          Allied Managed Care


          ALPHA Fund


          American Insurance Fund


          Association of California Healthcare Districts


          Association of California Insurance Companies


          California Asian Pacific Chamber of Commerce









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          California Association of Joint Powers Authorities


          California Coalition on Workers' Compensation


          California Farm Bureau Federation


          California Grocers Association


          California League of Food Processors


          California Manufacturer and Technology Association


          California Professional Association of Specialty Contractors


          California Restaurant Association


           California Retailers Association


          California State Association of Counties


          California Chamber of Commerce


          Desert Hot Springs Chamber of Commerce


          El Dorado County Chamber of Commerce









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          Employers Group


          Greater Conejo Valley Chamber of Commerce


          Greater Fresno Area Chamber of Commerce


          Grimmway Enterprises


          League of California Cities


          Metro Risk Management 


          National Association of Mutual Insurance Companies


          National Federation of Independent Business


          North Orange County Chamber of Commerce


          Safeway, Inc. (Albertsons Companies)


          Santa Maria Chamber of Commerce Visitor & Convention Bureau
          Schools Insurance Authority


          Sedgwick Claims Management Services, Inc.


          Southwest California Legislative Council








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          The Chamber of the Santa Barbara Region 


          The Cheesecake Factory


          UPS


          Valley Industry & Commerce Association




          Analysis Prepared by:Mark Rakich / INS. / (916)  
          319-2086