BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 127
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                           ASSEMBLY COMMITTEE ON INSURANCE
                                 Jose Solorio, Chair
                     SB 127 (Emmerson) - As Amended:  May 3, 2011

           SENATE VOTE :   39-0
           
          SUBJECT  :   Workers' compensation: physician services billing 
          codes

           SUMMARY  :   Requires the Administrative Director (AD) of the 
          Division of Workers' Compensation (DWC) to annually adopt the 
          Current Procedural Terminology (CPT) codes, descriptors, and 
          modifiers published by the American Medical Association.

           EXISTING LAW  :

          1)Establishes a comprehensive system of benefits for workers who 
            are injured on the job, including medical benefits.

          2)Provides for an Official Medical Fee Schedule (OMFS), adopted 
            by the AD, that establishes the reimbursements to be paid to 
            physicians for medical services provided to injured workers.

          3)Requires the AD to periodically revise the OMFS to maintain 
            the reasonable maximum fees for medical services provided to 
            injured workers.  CPT codes are used in the OMFS to describe 
            the services that physicians are providing.

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee analysis of this bill, up to $200,000 special fund 
          expenditures in the first year, and between $50,000 and $100,000 
          special fund expenditures each year thereafter.

           COMMENTS  :   

           1)Purpose  .  The purpose of this bill is to obtain cost savings 
            in the workers compensation system for both medical providers 
            and payors by updating a key element of the billing system on 
            a regular basis.

           2)Background  .  According to the author, hundreds of CPT codes 
            have been added since the last time the OMFS has been updated. 
             This results in providers having to maintain a separate 








                                                                  SB 127
                                                                  Page  2

            workers' compensation billing system, or, if the provider 
            bills using newer CPT codes the OMFS does not recognize, 
            confusion between the provider and payor over what services 
            were provided and how they should be compensated.  The author 
            believes that having an updated system will save costs for 
            both providers and payors.

          CPT codes are 5-digit identifies of medical, surgical and 
            diagnostic services that health care providers use in billing 
            for the services that they provide.  Initially drafted by the 
            American Medical Association as an aid in standardizing the 
            descriptions of services, the codes are now mandated by 
            federal law as the procedural code set for the Health 
            Insurance Portability and Accountability Act (HIPPAA) for 
            purposes of electronic transmittal of health information about 
            patients.  However, since the OMFS is so outdated, when 
            physicians' billing systems and payors' reviewing systems are 
            using up-to-date CPT codes, it creates challenges in complying 
            with the OMFS.  The bill seeks to eliminate unnecessary 
            disputes and transaction costs by ensuring that the CPT codes 
            used in the OMFS are up to date.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Orthopedic Association
          California Medical Association
          California Physical Therapy Association
          California Society of Industrial Medicine and Surgery
          California Society of Physical Medicine and Rehabilitation
           
            Opposition 
           
          None received.

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