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Senate Bill 863 rulemaking timeline

Regulations covered in this section:
Division of Workers' Compensation (DWC)
Workers' Compensation Appeals Board (WCAB)
Office of Self-Insurance Plans (OSIP)
Department of Industrial Relations (DIR)

Division of Workers' Compensation (DWC)

SB 863 Implementation Status Next Steps Effective Date
Per Labor Code
Ambulatory Surgery Center (ASC) Fee Schedule
Sections 9789.30, 9789.31, 9789.32, 9789.33, 9789.36, 9789.37, 9789.38 and 9789.39
Completed, Effective:
Jan. 1, 2013
Completed Jan. 1, 2013
Copy Services Fee Schedule
Sections 9980, 9981, 9982, 9983, 9984, 9990, 9992, 9994, and 10208.7
Public hearing:
July 1, 2014
Public hearing Dec. 31, 2013
Electronic document filing and lien filing fees
Sections 10205, 10205.12, 10206, 10206.1, 10206.2, 10206.3, 10206.4, 10206.5, 10206.14, 10206.15, 10207, 10208 and 10208.1
Notice of proposed emergency action issued:
Dec. 12, 2012
Filed with Office of Administrative Law:
Dec. 19, 2012
Filed with Secretary of State:
Dec. 31, 2012
Public hearing:
March 26, 2013
Emergency regulations readopted - expires:
Oct. 1, 2013
1st 15 day comment period:
Sept. 11, 2013
Notice of Emergency Readoption:
Sept. 11, 2013
Filed with Secretary of State:
Dec. 16, 2013

Certificate of Compliance Completed

Regulations effective:
Dec. 16, 2013

Dec. 16, 2013
Home Health Care Fee Schedule
Labor Code §§ 4600, 5307.8
Working group meeting:
Oct. 2, 2012
Post draft regulations on DWC forum July, 1, 2013
Independent Bill Review (IBR); Standardized Paper Billing and Payment; Electronic Billing and Payment
Sections 9792.5.1, 9792.5.3, 9792.5.4, 9792.5.5, 9792.5.6, 9792.5.7, 9792.5.8, 9792.5.9, 9792.5.10, 9792.5.11, 9792.5.12 9792.5.13, 9792.5.14, 9792.5.15, 9793, 9794, 9795
Notice of proposed emergency action issued:
Dec. 12, 2012
Filed with Office of Administrative Law:
Dec. 19, 2012
Filed with Secretary of State:
Dec. 31, 2012
Public hearing:
Apr. 9, 2013
Emergency regulations readopted - expires:
Oct. 1, 2013
Notice of Emergency Readoption:
Sept. 11, 2013
1st 15 day comment period:
Oct. 23, 2013
2nd 15 day comment period:
Dec. 26, 2013
Filed with Secretary of State:
Feb, 12, 2014

Complete Certificate of Compliance

Regulations effective:
Feb. 12, 2014

For dates of service on or after Jan. 1, 2013
Independent Medical Review (IMR)
Sections 9785, 9785.5, 9792.6, 9792.6.1, 9792.9, 9792.9.1, 9792.10, 9792.10.1,
9792.10.2, 9792.10.3, 9792.10.4, 9792.10.5, 9792.10.6, 9792.10.7, 9792.10.8, 9792.10.9, 9792.12
Notice of proposed emergency action issued:
Dec. 12, 2012
Filed with Office of Administrative Law:
Dec. 19, 2012
Filed with Secretary of State:
Dec. 31, 2012
Public hearing:
Apr. 4, 2013
Emergency regulations readopted - expires:
Oct. 1, 2013
Notice of Emergency Readoption:
Sept. 11, 2013
1st 15 day comment period:
Oct. 11, 2013
2nd 15 day comment period:
Dec. 21, 2013
3rd 15 day comment period:
Dec. 26, 2013
Filed with Secretary of State:
Feb, 12, 2014

Complete Certificate of Compliance

Regulations effective:
Feb. 12, 2014

For injuries on or after Jan. 1, 2013;

For decisions communicated on or after July 1, 2013

Interpreter Certification
Sections 9795.1, 9795.1.5, 9795.1.6, 9795.3 and 9795.5
Notice of proposed emergency action issued:
Dec. 12, 2012
Filed with Office of Administrative Law:
Dec. 19, 2012
Filed with Secretary of State:
Dec. 27, 2012
Public hearing:
March 19, 2013
1st 15 day comment period:
June 5, 2013
2nd 15 day comment period:
June 14, 2013
Emergency regulations readopted:
July 1, 2013

Certificate of Compliance Completed

Regulations effective:
Aug. 13, 2013

Jan. 1, 2013
Medical Provider Network (MPN)
Sections 9767.5.1 and 9767.16.5 - 9767.19
Forum comments:
May 13, May 23, 2013
Public hearing:
Sept. 30, 2013
1st 15 day comment period:

Dec. 26, 2013
2nd 15 day comment period:
March 25, 2014
3rd 15 day comment period:
May 19, 2014
Review comments Jan. 1, 2014
Official Medical Fee Schedule: Physician Fee Schedule
Sections 9789.12.1 - 9789.19
Forum comments:
Jan 15, Feb. 8, 2013
Public hearing:

July 17, 2013
1st 15 day comment period:
Aug. 19, 2013
Filed with secretary of state:
Sept. 24, 2013
Regulations effective:
Jan. 1, 2014
Jan. 1, 2014
Official Medical Fee Schedule: Physician Fee Schedule
Sections 9789.10 - 9789.19
Public hearing:
Dec: 12, 2013
Regulations effective:
Jan. 1, 2014
Jan. 1, 2014
Predesignation/Chiropractor Primary Treating Physician
Sections 9780, 9780.1, 9783, 9783.1, and 9785
Working group meeting:
Oct. 2, 2012
Forum comments:
Nov. 6, Nov. 16, 2012
Public hearing:
Oct. 7, 2013
Completed, effective:
July 1, 2014
Jan. 1, 2013
Qualified Medical Evaluator Regulations and Permanent Disability Rating Determination (QME)
Sections 1, 11, 11.5, 14, 17, 26, 30, 31.2, 31.3, 31.5, 31.7, 32, 33, 34, 35, 35.5, 36, 37, 38, 100, 104, 105, 106, 109, 110, 112, 117, 10159 and 10160
Notice of proposed emergency action issued:
Dec. 12, 2012
Filed with Office of Administrative Law:
Dec. 19, 2012
Filed with Secretary of State:
Dec. 31, 2012
Public hearing:
April 4, 2013
1st 15 day comment period:
June 18, 2013
Emergency regulations readopted - expires:
Oct. 1, 2013
Filed with Secretary of State:
Sept. 16, 2013

Complete Certificate of Compliance

Regulations effective:
Sept. 16, 2013

For injuries on or after Jan. 1, 2013;

For decisions communicated on or after July 1, 2013

 

Spinal Implant (Inpatient Fee Schedule)
Sections 9789.20, 9789.21, 9789.22, and 9789.25
Completed, Effective:
Jan. 1, 2013
Completed Jan. 1, 2013
Supplemental Job Displacement Benefit (SJDB)
Sections 9813.1, 10116.9, 10117, 10118, 10133.31 through 10133.36, 10133.51, 10133.52 10133.53, 10133.55, 10133.56, 10133.57, 10133.58 and 10133.60
Notice of proposed emergency action issued:
Dec. 7, 2012
Filed with the Office of Administrative Law:
Dec. 14, 2012
Filed with Secretary of State:
Dec. 20, 2012
Public hearing:
March 19, 2013
1st 15 comment period:
May 31, 2013
2nd 15 comment period:
June 21, 2013
3rd 15 comment period:
July 18, 2013
Emergency regulations readopted - expires:

Oct. 1, 2013
4th 15 comment period:
Sept. 6, 2013
Filed with Secretary of State:
Nov. 8, 2013
Complete Certificate of Compliance Jan. 1, 2014
Vocational Expert Fee Schedule
Regular rulemaking
Labor Code § 5307.7
Working group meeting:
June 28, 2012
Post draft regulations on DWC forum Jan. 1, 2013

Workers' Compensation Appeals Board (WCAB)

SB 863 Implementation Status Next Steps Effective Date
Per Labor Code
Rules of Practice and Procedure Public hearing:
April 16, 2013
15 day comment period ends:
Jul. 25, 2013
Comment period extended:

Aug. 9, 2013
Filed with Secretary of State:
Sept. 23, 2013

Complete Certificate of Compliance

Regulations effective:
Oct. 23, 2013

Oct. 23, 2013

Office of Self-Insurance Plans (OSIP)

SB 863 Implementation Status Next Steps Effective Date
Per Labor Code
Actuarial Reporting and Actuarial Based Security Deposit
Notice of Proposed Emergency Action Issued:
Dec. 5, 2012
Filed with Office of Administrative Law:
Dec. 19, 2012
Filed with Secretary of State:
Dec. 31, 2012
Public hearings held:
June 13, 2013

Certificate of compliance regulations were filed with OAL:
July 1, 2013

Certificate of compliance regulations Effective:
August 13, 2013

Jan. 1, 2013
Cost of administrating Public sector workers’ comp paid from WCARF:
Labor Code §§3700.1 et seq.
OSIP drafting regulations Begin rulemaking Jan. 1, 2013
Self-insured Public agencies must submit data to DIR OSIP drafting regulations Begin rulemaking Jan. 1, 2013

Department of Industrial Relations (DIR)

SB 863 Implementation Status Next Steps Effective Date
Per Labor Code
Return to Work Fund:
Labor Code §§ 139.48
DIR drafting regulations Begin rulemaking Jan. 1, 2013

May 2014