SB 1175: Workers’ compensation: requests for payment.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-08-26
Existing law 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 or her employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment, as specified, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. Existing law requires a provider of those services to submit, among other documents, its request for payment with an itemization of services provided and the charge for each service. Existing law also requires the employer to reimburse the employee for his or her medical-legal expenses, as specified.
This bill would require, effective for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require, effective for services provided on or after January 1, 2017, that all bills for medical-legal evaluation or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The bill would provide that requests for payment and bills for medical-legal charges are barred unless timely submitted. The bill would require the administrative director to adopt rules to implement the 12-month limitation period, as specified.
Existing law 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 or her employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment, as specified, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. Existing law requires a provider of those services to submit, among other documents, its request for payment with an itemization of services provided and the charge for each service. Existing law also requires the employer to reimburse the employee for his or her medical-legal expenses, as specified.
This bill would require, effective for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require, effective for services provided on or after January 1, 2017, that all bills for medical-legal evaluation or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The bill would provide that requests for payment and bills for medical-legal charges are barred unless timely submitted. The bill would require the administrative director to adopt rules to implement the 12-month limitation period, as specified.
Existing law 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 or her employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment, as specified, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. Existing law requires a provider of those services to submit, among other documents, its request for payment with an itemization of services provided and the charge for each service. Existing law also requires the employer to reimburse the employee for his or her medical-legal expenses, as specified.
This bill would require, effective for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require, effective for services provided on or after January 1, 2017, that all bills for medical-legal evaluation or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The bill would provide that requests for payment and bills for medical-legal charges are barred unless timely submitted. The bill would require the administrative director to adopt rules to implement the 12-month limitation period, as specified.
Existing law 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 or her employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment, as specified, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. Existing law requires a provider of those services to submit, among other documents, its request for payment with an itemization of services provided and the charge for each service. Existing law also requires the employer to reimburse the employee for his or her medical-legal expenses, as specified.
This bill would require, effective for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require, effective for services provided on or after January 1, 2017, that all bills for medical-legal evaluation or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The bill would provide that requests for payment and bills for medical-legal charges are barred unless timely submitted. The bill would require the administrative director to adopt rules governing these requirements, as specified, including rules defining circumstances that constitute good cause for exceptions from these requirements. to implement the 12-month limitation period, as specified.
Existing law 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 or her employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment, as specified, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. Existing law requires a provider of those services to submit, among other documents, its request for payment with an itemization of services provided and the charge for each service. Existing law also requires the employer to reimburse the employee for his or her medical-legal expenses, as specified.
This bill would require, effective for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require, effective for services provided on or after January 1, 2017, that all bills for medical-legal evaluation or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The bill would provide that requests for payment and bills for medical-legal charges are barred unless timely submitted. The bill would require the administrative director to adopt rules governing these requirements, as specified, including rules defining circumstances that constitute good cause for exceptions from these requirements.
(a)(1)Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director.
(2)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employers expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physicians report was submitted within five working days of the initial examination. If the physicians report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physicians report was submitted.
(3)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network.
(b)(1)(A)A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. This section does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600.
(B)Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted.
(C)Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service.
(D)This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy.
(2)Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following:
(A)Pays the provider at the rates in effect within the 45-day period.
(B)Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph.
An employers liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division.
(3)Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician.
(4)Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission.
(c)Interest or an increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code.
(d)(1)Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b).
(2)An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed.
(e)(1)If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following:
(A)The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review.
(B)The item and amount in dispute.
(C)The additional payment requested and the reason therefor.
(D)The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested.
(2)If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment.
(3)Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement.
(4)If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6.
(f)Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304.
SEC. 2.Section 4603.4 of the Labor Code is amended to read:4603.4.(a)The administrative director shall adopt rules and regulations to do all of the following:
(1)Ensure that all health care providers and facilities submit medical bills for payment on standardized forms.
(2)Require acceptance by employers of electronic claims for payment of medical services.
(3)Ensure confidentiality of medical information submitted on electronic claims for payment of medical services.
(4)Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2.
(b)To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996.
(c)Require all employers to accept electronic claims for payment of medical services.
(d)Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2.
SEC. 3.Section 4625 of the Labor Code is amended to read:4625.(a)Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted.
(b)Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622.
(c)If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable.
(a)(1)Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director.
(2)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employers expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physicians report was submitted within five working days of the initial examination. If the physicians report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physicians report was submitted.
(3)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network.
(b)(1)(A)A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. This section does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600.
(B)Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted.
(C)Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service.
(D)This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy.
(2)Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following:
(A)Pays the provider at the rates in effect within the 45-day period.
(B)Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph.
An employers liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division.
(3)Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician.
(4)Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission.
(c)Interest or an increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code.
(d)(1)Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b).
(2)An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed.
(e)(1)If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following:
(A)The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review.
(B)The item and amount in dispute.
(C)The additional payment requested and the reason therefor.
(D)The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested.
(2)If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment.
(3)Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement.
(4)If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6.
(f)Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304.
SEC. 2.Section 4603.4 of the Labor Code is amended to read:4603.4.(a)The administrative director shall adopt rules and regulations to do all of the following:
(1)Ensure that all health care providers and facilities submit medical bills for payment on standardized forms.
(2)Require acceptance by employers of electronic claims for payment of medical services.
(3)Ensure confidentiality of medical information submitted on electronic claims for payment of medical services.
(4)Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2.
(b)To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996.
(c)Require all employers to accept electronic claims for payment of medical services.
(d)Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2.
SEC. 3.Section 4625 of the Labor Code is amended to read:4625.(a)Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted.
(b)Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622.
(c)If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable.
(a)(1)Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director.
(2)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employers expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physicians report was submitted within five working days of the initial examination. If the physicians report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physicians report was submitted.
(3)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network.
(b)(1)(A)A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. This section does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600.
(B)Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted.
(C)Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service.
(D)This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy.
(2)Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following:
(A)Pays the provider at the rates in effect within the 45-day period.
(B)Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph.
An employers liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division.
(3)Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician.
(4)Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission.
(c)An interest Interest or an increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code.
(d)(1)Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b).
(2)An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed.
(e)(1)If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following:
(A)The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review.
(B)The item and amount in dispute.
(C)The additional payment requested and the reason therefor.
(D)The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested.
(2)If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment.
(3)Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement.
(4)If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6.
(f)Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304.
SEC. 2.Section 4603.4 of the Labor Code is amended to read:4603.4.(a)The administrative director shall adopt rules and regulations to do all of the following:
(1)Ensure that all health care providers and facilities submit medical bills for payment on standardized forms.
(2)Require acceptance by employers of electronic claims for payment of medical services.
(3)Ensure confidentiality of medical information submitted on electronic claims for payment of medical services.
(4)Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2.
(b)To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996.
(c)Require all employers to accept electronic claims for payment of medical services.
(d)Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2.
SEC. 3.Section 4625 of the Labor Code is amended to read:4625.(a)Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted.
(b)Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622.
(c)If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable.
(a)(1)Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director.
(2)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employers expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physicians report was submitted within five working days of the initial examination. If the physicians report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physicians report was submitted.
(3)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network.
(b)(1)(A)A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. This section does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600.
(B)Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period, including rules to period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period. period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted.
(C)Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service.
(D)This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy.
(2)Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following:
(A)Pays the provider at the rates in effect within the 45-day period.
(B)Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph.
An employers liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division.
(3)Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician.
(4)Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission.
(c)An interest or increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code.
(d)(1)Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b).
(2)An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed.
(e)(1)If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following:
(A)The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review.
(B)The item and amount in dispute.
(C)The additional payment requested and the reason therefor.
(D)The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested.
(2)If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment.
(3)Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement.
(4)If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6.
(f)Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304.
SEC. 2.Section 4603.4 of the Labor Code is amended to read:4603.4.(a)The administrative director shall adopt rules and regulations to do all of the following:
(1)Ensure that all health care providers and facilities submit medical bills for payment on standardized forms.
(2)Require acceptance by employers of electronic claims for payment of medical services.
(3)Ensure confidentiality of medical information submitted on electronic claims for payment of medical services.
(4)Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2.
(b)To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996.
(c)Require all employers to accept electronic claims for payment of medical services.
(d)Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2.
SEC. 3.Section 4625 of the Labor Code is amended to read:4625.(a)Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted.
(b)Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622.
(c)If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable.
(a)(1)Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director.
(2)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employers expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physicians report was submitted within five working days of the initial examination. If the physicians report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physicians report was submitted.
(3)If the employer objects to the employees selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network.
(b)(1)Any (A)A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. Nothing in this This section shall does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600.
(B)Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period, including rules to define circumstances that constitute good cause for an exception to the 12-month period. The request for payment is barred unless timely submitted.
(A)
(C)Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service.
(B)Notwithstanding timely billing and payment rules established by the Division of Workers Compensation, any entity submitting a pharmacy bill for payment, on or after January 1, 2013, and denied payment for not including a copy of the prescription from the treating physician, may resubmit those bills for payment until March 31, 2014.
(C)Nothing in this section shall
(D)This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy.
(2)Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. Any A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following:
(A)Pays the provider at the rates in effect within the 45-day period.
(B)Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph.
An employers liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division.
(3)Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician.
(4)Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission.
(c)Any An interest or increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code.
(d)(1)Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b).
(2)An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed.
(e)(1)If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following:
(A)The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review.
(B)The item and amount in dispute.
(C)The additional payment requested and the reason therefor.
(D)The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested.
(2)If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment.
(3)Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement.
(4)If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6.
(f)Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304.
SEC. 2.Section 4603.4 of the Labor Code is amended to read:4603.4.(a)The administrative director shall adopt rules and regulations to do all of the following:
(1)Ensure that all health care providers and facilities submit medical bills for payment on standardized forms.
(2)Require acceptance by employers of electronic claims for payment of medical services.
(3)Ensure confidentiality of medical information submitted on electronic claims for payment of medical services.
(4)Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2.
(b)To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996.
(c)The rules and regulations requiring employers to accept electronic claims for payment of medical services shall be adopted on or before January 1, 2005, and shall require Require all employers to accept electronic claims for payment of medical services on or before July 1, 2006. services.
(d)Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2.
SEC. 3.Section 4625 of the Labor Code is amended to read:4625.(a)Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted.
(a)
(b)Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622.
(b)
(c)If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable.
|
Date
|
Status
|
|---|---|
| May 16, 2016 | Referred to Com. on INS. |
| Aug 26, 2016 | Chaptered by Secretary of State. Chapter 214, Statutes of 2016. |
| Aug 26, 2016 | Approved by the Governor. |
| Aug 16, 2016 | Enrolled and presented to the Governor at 11:30 a.m. |
| Aug 11, 2016 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4881.) Ordered to engrossing and enrolling. |
| Aug 11, 2016 | Assembly amendments concurred in. (Ayes 36. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 10, 2016 | Ordered to special consent calendar. |
| Aug 4, 2016 | Read third time. Passed. (Ayes 77. Noes 0. Page 5720.) Ordered to the Senate. |
| Aug 4, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 4, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Jun 30, 2016 | Read second time. Ordered to consent calendar. |
| Jun 29, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 18. Noes 0.) (June 29). |
| Jun 22, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (June 22). Re-referred to Com. on APPR. |
| Jun 14, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on INS. |
| Feb 18, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 10, 2016 | In Assembly. Read first time. Held at Desk. |
| May 9, 2016 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| May 9, 2016 | Read third time. Passed. (Ayes 36. Noes 0. Page 3806.) Ordered to the Assembly. |
| May 3, 2016 | Read second time. Ordered to third reading. |
| May 2, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 22, 2016 | Set for hearing May 2. |
| Apr 19, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 18, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 13). |
| Apr 18, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3520.) (April 13). |
| Apr 5, 2016 | Set for hearing April 13. |
| Mar 3, 2016 | Referred to Com. on L. & I.R. |
| Feb 19, 2016 | From printer. May be acted upon on or after March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 11, 2016 | Special Consent SB1175 Mendoza Concurrence | Senate Floor |
Passed |
|
| Aug 4, 2016 | SB 1175 Mendoza Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 29, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 22, 2016 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Insurance |
Passed |
|
| May 9, 2016 | Senate 3rd Reading SB1175 Mendoza | Senate Floor |
Passed |
|
| Apr 13, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Labor and Industrial Relations |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Small Business California | ** Support | May 9, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1175
:
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/13/16
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 36-0, 5/9/16
AYES: Allen, Anderson, Berryhill, Block, Cannella, De León, Fuller, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Bates, Beall, Gaines, Runner
ASSEMBLY FLOOR: 77-0, 8/4/16 (Consent) - See last page for vote
SOURCE: Small Business California
DIGEST: This bill requires that, for physicians treating injured workers in California’s workers’ compensation system, requests for payments for medical services or medical-legal services must be submitted within 12 months, as specified.
Assembly Amendments were minor and technical, addressing a drafting error involving property interests.
Existing law:
- 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 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.
- 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)
- Requires that, if a medical provider who provides any of the medical services described above for an injured worker, the medical provider submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. (Labor Code §4603.2 (b))
- Requires that a physician who signs a medical-legal report, or a report created for the purposes of proving or disproving a disputed claim, must examine the patient or participate in the preparation of the report. The preparation of the report includes all of the following: taking a complete history, reviewing and summarizing prior medical reports, and composing and drafting the conclusions of the report. (Labor Code §§4620 and 4628)
This bill:
- Requires that, for treatment provided on or after January 1, 2017, the medical provider must submit the request for payment within 12 months of the date of service or 12 months of the date of discharge for inpatient facility services. Unless otherwise allowed, any request for payment submitted after 12 months would be barred.
- Requires that, for medical-legal services or expenses, the request for payment must be submitted 12 months of the date of service. Unless otherwise allowed, any request for payment submitted after 12 months would be barred.
- Requires the administrative director to adopt rules and regulations to implement the 12 month limitation period for both medical charges and medical-legal charges, including circumstances that constitute good cause for an exception to the 12 month period.
Background
Need for this bill? Since 1913, the “grand bargain” that makes up California’s workers’ compensation system is that employers pay for the medical care of injured workers, and injured workers surrender their ability to pursue a remedy through the tort system. For this bargain to work, there needs to be medical providers that will see injured workers, provide medical services, and be paid accordingly. Without the ability of medical providers to request and receive payment for services rendered, the workers’ compensation system simply will not work.
With that said, multiple stakeholders report persistent fraudulent or unnecessarily belligerent billing activity by some medical providers. One example is the submission of medical bills more than a year after services were provided. In some cases, the bills were old enough that the underlying documentation may have been destroyed or would be difficult for the employer to find. This can raise the possibility of a medical employer being paid twice for providing the same service. Additionally, processing old medical bills can create frictional costs for payors, limiting resources to injured workers and lawful medical providers.
In other medical systems, there are time limitations for when a medical bill can be submitted for payment. In Medi-Cal, for example, the limitation is 6 months. In Texas’s workers’ compensation system, the medical bill submission time limit is 90 days.
SB 1175 creates a medical bill submission time limit of 12 months of date of service or 12 months of date of discharge for inpatient facility services, which is the same as the medical bill time limitations for Medicare. SB 1175 applies a similar time limitation for medical-legal services, and provides that the administrative director of the Division of Workers’ Compensation create good-cause exceptions to the 12 month limitation.
Prior Legislation
SB 863 (DeLeon, Chapter 363, Statutes of 2012) was a workers’ compensation reform bill that, among other things, clarified that a copy of the prescription does not need to be included with a request for payment.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee analysis on SB 1175, the Department of Industrial Relations reports that the costs for SB 1175 are expected to be minor and absorbable.
Small Business California (source)
None received
ARGUMENTS IN SUPPORT: Proponents argue that SB 1175 is a simple, straightforward bill that will create a reasonable medical bill submission timeline of 12 months. Proponents believe that SB 1175 will promote the timely submission of medical bills, leading to timely payments and a more efficient workers’ compensation system. Proponents note that many other health care systems have a similar medical bill submission timeline as SB 1175, including 6 months in Medi-Cal, 12 months for Medicare and the federal workers’ compensation system, and similar medical billing limitations in the North Carolina, Ohio, Oregon, and Texas workers’ compensation systems.
ARGUMENTS IN OPPOSITION: None received
ASSEMBLY FLOOR: 77-0, 8/4/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Chávez, Cooley, Roger Hernández
8/5/16 10:20:13
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Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1175
Author:(Mendoza) – As Amended Ver:June 14, 2016
Policy Committee: | Insurance | Vote: | 13 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires providers of medical and medical-legal services in the workers’ compensation system to submit bills within 12 months of providing the services. It also:
- Requires the administrative director of the Division of Workers’ Compensation (DWC) to adopt rules and regulations to implement the 12-month limitation period, including circumstances that constitute good cause for an exception to the 12-month period.
- Provides that, absent good cause, a request for payment after the 12-month limitation period is barred.
FISCAL EFFECT:
Costs to the Department of Industrial Relations (DIR), in which DWC is housed, are expected to be minor and absorbable.
COMMENTS:
- Purpose. This bill is intended to improve administration of workers' compensation benefits by guarding against charges that are provided after excessive delays. The author explains such charges may be impossible to verify due to record-keeping, which adds to the "frictional" cost of providing workers' compensation benefits. The author indicates the practice of instituting time limits for billing is common in other medical systems and states, and it would provide greater certainty for employers and quicker, more accurate resolution of charges billed.
- Background. The state workers' compensation system provides benefits, including medical treatment, to employees who are injured or suffer conditions that arise out of or in the course of employment. Current law stipulates billing requirements for medical providers in the workers' compensation system.
According to the author, multiple stakeholders report persistent fraudulent or unnecessarily belligerent billing activity by some medical providers, including submission of medical bills more than a year after services were provided. The time limit imposed by the bill, with good-cause exceptions, intends to address the issue of excessive delay.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: June 22, 2016
ASSEMBLY COMMITTEE ON INSURANCE
Tom Daly, Chair
SBPCA Bill Id:SB 1175
Author:(Mendoza) – As Amended Ver:June 14, 2016
SENATE VOTE: 36-0
SUBJECT: Workers’ compensation: requests for payment
SUMMARY: Requires providers of medical services in the workers’ compensation system to submit bills within 12 months of providing the services. Specifically, this bill:
- Requires that, for treatment provided on or after January 1, 2017, a medical provider must submit the request for payment within 12 months of the date of service or 12 months of the date of discharge for inpatient facility services.
- Requires that, for medical-legal services or expenses, the request for payment must be submitted within 12 months of the date of service.
- Requires the administrative director (AD) of the Division of Workers’ Compensation (DWC) to adopt rules and regulations to implement the 12 month limitation period for both medical charges and medical-legal charges, including circumstances that constitute good cause for an exception to the 12 month period, including procedures for billing in cases when treatment of injuries thought to be non-industrial turn out, after 12 months, to be industrial injuries.
- Provides that, absent good cause, a request for payment after the 12-month limitation period is barred.
EXISTING LAW:
- 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.
- 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.
- Requires a medical provider who provides any of the medical services described above for an injured worker to submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received.
FISCAL EFFECT: The Senate Appropriations Committee referred this bill to the Senate Floor pursuant to Senate Rule 28.8.
COMMENTS:
- Purpose. According to the author, multiple stakeholders report persistent fraudulent or unnecessarily belligerent billing activity by some medical providers. One example is the submission of medical bills more than a year after services were provided. In some cases, the bills were old enough that the underlying documentation may have been destroyed or would be difficult for the employer to find. This can raise the possibility of a medical employer being paid twice for providing the same service. Additionally, processing old medical bills can create frictional costs for payors, limiting resources to injured workers and lawful medical providers.
In other medical systems, there are time limitations for when a medical bill can be submitted for payment. In Medi-Cal, for example, the limitation is 6 months. In Texas’s workers’ compensation system, the medical bill submission time limit is 90 days.
The bill would create a medical bill submission time limit of 12 months from date of service or 12 months of date of discharge for inpatient facility services, which is the same as the medical bill time limitations for Medicare. The bill applies a similar time limitation for medical-legal services, and provides that the AD create good-cause exceptions to the 12 month limitation.
REGISTERED SUPPORT / OPPOSITION:
Support
ALPHA Fund
Small Business California
Opposition
None received.
Analysis Prepared by: Mark Rakich / INS. / (916) 319-2086
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1175 |
THIRD READING
Bill No: SB 1175
Amended: 4/19/16
SENATE LABOR AND IND. REL. COMMITTEE: 5-0, 4/13/16
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Workers’ compensation: requests for payment
SOURCE: Small Business California
DIGEST: This bill requires that, for physicians treating injured workers in California’s workers’ compensation system, requests for payments for medical services or medical-legal services must be submitted within 12 months, as specified.
Existing law:
- 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 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.
- 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)
- Requires that, if a medical provider who provides any of the medical services described above for an injured worker, the medical provider submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. (Labor Code §4603.2 (b))
- Requires that a physician who signs a medical-legal report, or a report created for the purposes of proving or disproving a disputed claim, must examine the patient or participate in the preparation of the report. The preparation of the report includes all of the following: taking a complete history, reviewing and summarizing prior medical reports, and composing and drafting the conclusions of the report. (Labor Code §§4620 and 4628)
This bill:
- Requires that, for treatment provided on or after January 1, 2017, the medical provider must submit the request for payment within 12 months of the date of service or 12 months of the date of discharge for inpatient facility services. Unless otherwise allowed, any request for payment submitted after 12 months would be barred.
- Requires that, for medical-legal services or expenses, the request for payment must be submitted 12 months of the date of service. Unless otherwise allowed, any request for payment submitted after 12 months would be barred.
- Requires the administrative director to adopt rules and regulations to implement the 12 month limitation period for both medical charges and medical-legal charges, including circumstances that constitute good cause for an exception to the 12 month period.
Background
- Need for this bill? Since 1913, the “grand bargain” that makes up California’s workers’ compensation system is that employers pay for the medical care of injured workers, and injured workers surrender their ability to pursue a remedy through the tort system. For this bargain to work, there needs to be medical providers that will see injured workers, provide medical services, and be paid accordingly. Without the ability of medical providers to request and receive payment for services rendered, the workers’ compensation system simply will not work.
With that said, multiple stakeholders report persistent fraudulent or unnecessarily belligerent billing activity by some medical providers. One example is the submission of medical bills more than a year after services were provided. In some cases, the bills were old enough that the underlying documentation may have been destroyed or would be difficult for the employer to find. This can raise the possibility of a medical employer being paid twice for providing the same service. Additionally, processing old medical bills can create frictional costs for payors, limiting resources to injured workers and lawful medical providers.
In other medical systems, there are time limitations for when a medical bill can be submitted for payment. In Medi-Cal, for example, the limitation is 6 months. In Texas’s workers’ compensation system, the medical bill submission time limit is 90 days.
SB 1175 creates a medical bill submission time limit of 12 months of date of service or 12 months of date of discharge for inpatient facility services, which is the same as the medical bill time limitations for Medicare. SB 1175 applies a similar time limitation for medical-legal services, and provides that the administrative director of the Division of Workers’ Compensation (DWC) create good-cause exceptions to the 12 month limitation.
Prior Legislation
SB 863 (De León, Chapter 363, Statutes of 2012) was a workers’ compensation reform bill that, among other things, clarified that a copy of the prescription does not need to be included with a request for payment.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Small Business California (source)
None received
ARGUMENTS IN SUPPORT: Proponents argue that SB 1175 is a simple, straightforward bill that will create a reasonable medical bill submission timeline of 12 months. Proponents believe that SB 1175 will promote the timely submission of medical bills, leading to timely payments and a more efficient workers’ compensation system. Proponents note that many other health care systems have a similar medical bill submission timeline as SB 1175, including 6 months in Medi-Cal, 12 months for Medicare and the federal workers’ compensation system, and similar medical billing limitations in the North Carolina, Ohio, Oregon, and Texas workers’ compensation systems.
5/4/16 14:58:03
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SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: SB 1175 Hearing Date: April 13, 2016
Author: | Mendoza | ||
Version: | February 18, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Gideon Baum | ||
Subject: Workers’ compensation: requests for payment
KEY ISSUE
Should the Legislature require that, for physicians treating injured workers in California’s workers’ compensation system, requests for payments for medical services or medical-legal services must be submitted within 12 months, as specified?
ANALYSIS
Existing law 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 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.
Existing law 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)
Existing law requires that, if a medical provider who provides any of the medical services described above for an injured worker, the medical provider submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. (Labor Code §4603.2 (b))
Existing law requires that a physician who signs a medical-legal report, or a report created for the purposes of proving or disproving a disputed claim, must examine the patient or participate in the preparation of the report. The preparation of the report includes all of the following: taking a complete history, reviewing and summarizing prior medical reports, and composing and drafting the conclusions of the report. (Labor Code §§4620 and 4628)
This bill requires that, for treatment provided on or after January 1, 2017, the medical provider must submit the request for payment within 12 months of the date of service or 12 months of the date of discharge for inpatient facility services. Unless otherwise allowed, any request for payment submitted after 12 months would be barred.
This bill requires that, for medical-legal services or expenses, the request for payment must be submitted 12 months of the date of service. Unless otherwise allowed, any request for payment submitted after 12 months would be barred.
This bill requires the administrative director to adopt rules and regulations to implement the 12 month limitation period for both medical charges and medical-legal charges, including circumstances that constitute good cause for an exception to the 12 month period.
COMMENTS
1. Need for this bill?
Since 1913, the “grand bargain” that makes up California’s workers’ compensation system is that employers pay for the medical care of injured workers, and injured workers surrender their ability to pursue a remedy through the tort system. For this bargain to work, there needs to be medical providers that will see injured workers, provide medical services, and be paid accordingly. Without the ability of medical providers to request and receive payment for services rendered, the workers’ compensation system simply will not work.
With that said, multiple stakeholders report persistent fraudulent or unnecessarily belligerent billing activity by some medical providers. One example is the submission of medical bills more than a year after services were provided. In some cases, the bills were old enough that the underlying documentation may have been destroyed or would be difficult for the employer to find. This can raise the possibility of a medical employer being paid twice for providing the same service. Additionally, processing old medical bills can create frictional costs for payors, limiting resources to injured workers and lawful medical providers.
In other medical systems, there are time limitations for when a medical bill can be submitted for payment. In Medi-Cal, for example, the limitation is 6 months. In Texas’s workers’ compensation system, the medical bill submission time limit is 90 days.
SB 1175 would create a medical bill submission time limit of 12 months of date of service or 12 months of date of discharge for inpatient facility services, which is the same as the medical bill time limitations for Medicare. SB 1175 applies a similar time limitation for medical-legal services, and provides that the administrative director of the Division of Workers’ Compensation (DWC) create good-cause exceptions to the 12 month limitation.
2. Staff Comments:
In discussions with stakeholders, one potential area of concern that was raised on the creation of a 12 month billing limitation was on the impact of the limitation on physicians not accustomed to the workers’ compensation system. Specifically, the California Medical Association (CMA) raised the concern that a physician who provided treatment for what he or she believe was a non-industrial injury, but then found out that the injury had been accepted by the employer as an industrial injury, could be forced to seek out payment in a system he or she is unfamiliar with and on a limited timeline. While it is unknown how frequently something like this could occur, any barrier to legitimate medical payments could pose financial difficulties for medical providers.
Noting this, the Committee may wish to consider the following amendment to address this concern:
- On page 3, line 23, strike “period,” and insert “period.”
- On page 3, line 23, strike “including rules to” and insert “The rules shall”
- On page 3, line 24, strike “period” and insert “period, including provisions to address the circumstance of a nonoccupational injury or illness later found to be a compensable injury or illness.”
3. Proponent Arguments:
Proponents argue that SB 1175 is a simple, straightforward bill that will create a reasonable medical bill submission timeline of 12 months. Proponents believe that SB 1175 will promote the timely submission of medical bills, leading to timely payments and a more efficient workers’ compensation system. Proponents note that many other health care systems have a similar medical bill submission timeline as SB 1175, including 6 months in Medi-Cal, 12 months for Medicare and the federal workers’ compensation system, and similar medical billing limitations in the North Carolina, Ohio, Oregon, and Texas workers’ compensation systems.
4. Prior Legislation:
SB 863 (DeLeon), Chapter 363, Statutes of 2012, was a workers’ compensation reform bill that, among other things, clarified that a copy of the prescription does not need to be included with a request for payment.
SUPPORT
Small Business California (Sponsor)
OPPOSITION
None on file.
-- END --
Discussed in Hearing
Senate Floor
Senate Standing Committee on Labor and Industrial Relations
Bill Author
Bill Co-Author(s):