BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 127|
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                                 THIRD READING


          Bill No:  SB 127
          Author:   Emmerson (R)
          Amended:  5/3/11
          Vote:     21

           
           SENATE LABOR & INDUSTRIAL RELATIONS COMM  :  7-0, 4/27/11
          AYES:  Lieu, Wyland, DeSaulnier, Leno, Padilla, Runner, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg


           SUBJECT  :    Official medical fee schedule:  physician 
          services

           SOURCE  :     California Orthopedic Association 


           DIGEST  :    This bill requires the Administrative Director 
          (AD) of the Division of Workers Compensation, in order to 
          keep the official medical fee schedule (OMFS) for physician 
          services appropriately updated, to the annually to adopt 
          the Current Procedural Terminology (CPT) codes, 
          descriptors, and modifiers published by the American 
          Medical Association.  This bill requires new procedures 
          added by this update shall be coded By Report until the AD, 
          through public hearings, adopts and revises, the OMFS for 
          physician services.

           ANALYSIS  :    Existing law:

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          1.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/her employment.

          2.Requires the administrative director, after public 
            hearings, to adopt and revise periodically an official 
            medical fee schedule that establishes reasonable maximum 
            fees paid for medical services, other than physician 
            services and other prescribed goods and services, in 
            accordance with specified requirements.

          3.Authorizes the administrative director, after public 
            hearings, to adopt and revise, no less frequently than 
            biennially, an official medical fee schedule for 
            physician services, in accordance with specified 
            requirements.

          This bill requires the AD of the Division of Workers' 
          Compensation, in order to keep the OMFS for physician 
          services appropriately updated, to the annually to adopt 
          the CPT codes, descriptors, and modifiers published by the 
          American Medical Association.  This bill requires new 
          procedures added by this update shall be coded By Report 
          until the AD, through public hearings, adopts and revises, 
          the OMFS for physician services.

           Prior Legislation
           
          AB 2091 (Fuentes), Chapter 193, Statutes of 2009, requires 
          that the administrative director of the Division of 
          Workers' Compensation contract with an independent 
          consulting firm to study if there is adequate access for 
          injured workers of pharmacy services and prescription drugs 
          and, if necessary, adjust the reimbursement rates under the 
          Medi-Cal fee schedule.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)


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           Major Provisions                2011-12     2012-13    
           2013-14   Fund  
          Annual updating of                                Up to 
          $200           Up to $50 to $100 ongoing          Special*
          OMFS CPT codes
          Change in reimbursement                                
          Unknown, potential increase or decrease                
          General/
          rates for medical services                             over 
          current reimbursement rates paid                       
          Special
                              by employers, including the state

          * Workers' Compensation Administrative Revolving Fund

           SUPPORT  :   (Verified  5/27/11)

          California Orthopedic Association (source) 
          California Medical Association
          California Physical Therapy Association
          California Society of Industrial Medicine and Surgery 
          California Society of Physical Medicine and Rehabilitation 

           ARGUMENTS IN SUPPORT  :    According to the author's office:

               "The last time that the CPT codes for physician 
               services were updated by the Division of Workers' 
               Compensation was in 1999.  The CPT Codes, which are 
               annually updated and published by the American Medical 
               Association, describe a specific medical service and 
               is the nationally-accepted way for the medical 
               provider to clearly communicate to payors what service 
               was performed when they bill for a service.

               "Hundreds of CPT codes have been added to the AMA CPT 
               Coding structure since 1999, making the existing CPT 
               coding system for the OMFS very outdated.  This 
               outdated system requires providers to maintain a 
               separate coding system in their office to bill 
               Workers' Compensation services.  It also causes 
               confusion when the provider bills a service that is 
               not included in the OMFS, unnecessarily increasing the 
               administrative costs for the payors as they manually 
               review and seek information from the provider as to 

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               the service actually performed.  Having a current 
               coding system will decrease overhead costs for both 
               payors and providers and improve communication as to 
               the medical service performed.  

               "SB 127 is necessary to improve communication between 
               providers treating injured workers and Workers' 
               Compensation payors as to the medical treatment 
               performed and billed.  This bill will also reduce 
               administrative costs of billing and processing a claim 
               for both payors and providers."


          PQ:nl  5/27/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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