Legislative Roundup: Approval of Lien Changes Headline Busy Legislative Session

by John P. Kamin (October 10, 2016)

Governor Jerry Brown enacted numerous changes that will help carriers fight fraudulent lien claimants when he closed out the 2016 legislative session by signing new lien procedures into law. The governor signed Senate Bill 1160 and Assembly Bill 1244 into law on September 30, the last possible day for him to do so. SB 1160 is a 20,300-word omnibus bill that ushers in a plethora of changes that will impact all participants in the workers’ compensation system, with the most newsworthy being that lien claimants who are facing fraud charges can be subjected to automatic stays.

Lawmakers doubled down on the action against fraudulent providers by passing AB 1244, which requires the DWC to suspend any providers who are convicted of fraud from practicing in the workers’ compensation system, and creates a rebuttable presumption that any lien filed by a convicted provider is not compensable if it is connected to the fraud.

New Legislation: SB 1160 (Mendoza) and AB 1244 (Gray and Daly): A Mixed Bag of Legislation: A Snapshot

by Alec Bradford and Sherri Dozier (October 3, 2016)

A lot of news has been made lately in the California Workers’ Compensation community regarding a multitude of arrests and prosecutions for various fraud issues. As a response, a few new bills have recently passed in an attempt to crack down on some of the more egregious abuses of the system. This BLOG will focus on some of the key provisions in these bills. Governor Brown recently signed both of these measures into law, and they will have far reaching implications into various aspects of the workers’ compensation system. Let’s address some of the more basic aspects of each bill:

SB 1160: UR Changes and Anti-Fraud Measures:

There is plenty in the new bill for defendants to like as well as some concerns that are raised. SB1160 focuses on UR as well as provides some anti-fraud measures for lien claims. The intent of the UR measures is to streamline the UR and treatment processes. Some of the streamlined processes or reinforcement of existing measures require: