BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1213 (Cedillo)
          
          Hearing Date:  5/27/2010        Amended: 3/25/2010
          Consultant:  Bob Franzoia       Policy Vote: L&IR  4-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 1213 would require the Division of Workers'  
          Compensation within the Department of Industrial Relations to  
          provide a party to a claim with single sign-on portal, real time  
          electronic programmatic access, at no charge, to the party's  
          data contained within the Electronic Adjudication Management  
          System (EAMS).
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           Expanded online access Unknown, major costs initially, lesser  
          but                    General/
          to workers' compensation          still significant costs  
          ongoing; potentially   Special*
          claims information     in the millions of dollars           

          * Workers' Compensation Administration Fund
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.
          
          The Division of Workers' Compensation monitors the  
          administration of workers' compensation claims and provides  
          administrative and judicial services to assist in resolving  
          disputes that arise in connection with claims for benefits.  A  
          2001 RAND Corporation study identified a number of issues  
          related to the timeliness of the dispute resolution process one  
          of which was the overwhelming amount of paper associated with  
          cases.

          Approximately 36 million pages of case related documents are  
          submitted to the division's district offices annually.   
          Currently, around 140,000 new applications are filed each year  
          at the district offices.  The division's information service  
          center receives an average of 27,000 calls per month for  










          information and assistance regarding workers' compensation  
          claims.

          EAMS is the division's Web based electronic case management  
          system that launched in August 2008.  It replaced six different  
          legacy systems representing the division's multiple business  
          units.  EAMS is being implemented in two stages with the second  
          stage intending to allow access to the electronic case file  
          through issuance of log-ons and passwords and provide extended  
          electronic filing hours.  The division, in conjunction with  
          external users, has been pursuing an electronic filing mechanism  
          that meets external user needs and functions with existing EAMS  
          architecture.

          In November 2008, the division received approval for EAMS  
          Special Project Report (SPR) 3 which includes language calling  
          for additional funding for the provision of greater external  
          user access.  The SPR is considering adding 1,500 software  
          licenses over a two year period to provide full allowable access  
          to license users and electronic 
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          SB 1213 (Cedillo)

          filing to address the more limited needs of large users like  
          insurance companies and medical providers and bulk lien filing  
          for medical providers. 

          Toward that end, the Office of the Chief Information Officer is  
          requiring the division to review six criteria before funding is  
          approved.  The criteria are:

          (1) Results of a stress/load test to determine the maximum  
          capacity of the current system.
          (2) Findings of a study to determine how many external users  
          will need access (access for 1,000 users is proposed) and  
          estimate the number of concurrent users.
          (3) Data on actual system usage.
          (4) Discussion of licensing cost models with each of the major  
          EAMS software product vendors.
          (5) The division's policy and plan for managing external access  
          for EAMS.
          (6) Participation by external stakeholder representatives in the  
          analysis, planning and policy development.

          While there is concern from some stakeholders regarding  
          accessibility to the system, there is concern from some  










          stakeholders regarding increased costs.  Because the SPR is not  
          final, an estimate of costs is unavailable and will not be for  
          some time.  Some preliminary information suggests project costs  
          could increase by several million dollars or more to provide  
          single sign on portals and electronic access on a programmatic  
          basis (for example, all files related to a claims downloaded at  
          one time) instead of on a file by file basis.  It is possible  
          the SPR could also determine that expansion of EAMS and  
          providing single sign on portal, real time electronic  
          programmatic access is not cost effective.  Therefore the cost  
          of this bill would be that of providing single sign on portal,  
          real time electronic programmatic access as this is not part of  
          EAMS currently and may not be after the SPR is implemented, if  
          it is.

          Staff notes EAMS is funded from the Workers' Compensation  
          Administration Revolving Fund which receives revenue from a  
          surcharge on all employers.  Therefore, it is unclear how the  
          "at no charge" provision would be applied as currently all  
          employers are paying for EAMS but not all employers would have  
          single sign-on portal, real time electronic programmatic access  
          nor would they utilize it.  If DIR is unable to charge for this  
          access, the cost would be borne by all employers, which is the  
          current funding method, or it would become a General Fund cost.   
          This provision also would prohibit charging for single sign on  
          portal, real time electronic programmatic access.  However, it  
          is possible that the cost of this function could be prohibitive  
          if only spread across a small population of interested users.