WCIS eNews No. 89
May 11, 2012
Division of Workers' Compensation posts Workers’ Compensation Information System (WCIS) administrative penalty regulations to online forum for public comment
The Division of Workers' Compensation (DWC) has drafted regulations providing for the assessment of administrative penalties for Workers’ Compensation Information System (WCIS) reporting violations and posted them to the online forum where members of the public may review and comment on the proposal.
Since March 1, 2000, claims administrators have been required to submit to DWC, via Electronic Data Interchange, comprehensive information on occupational injuries and illness. Senate Bill 826, which was signed into law by the Gov. Brown on Oct. 7, 2011, amends Labor Code section 138.6 by authorizing DWC to assess administrative penalties, up to $5,000 per year for each claims administrator, for a failure to report claim information or the failure to report such information accurately to WCIS.
The proposed regulations provide:
The assessment of administrative penalties for non-compliant WCIS reporting constitutes a major shift in the manner by which the WCIS operates. From 2002 to the present, DWC solely relied upon voluntary compliance by claims administrators to submit complete and accurate data to WCIS, as there was no express statutory authority to directly penalize claims administrators for a failure to submit data or a failure to submit accurate data. Senate Bill 826 now provides DWC with a valuable enforcement tool to ensure the quality of the WCIS database.
The proposed regulations are sections 9705.1 through 9705.2 of the administrative director’s rules in Title 8 of the California Code of Regulations.
The forum can be found on the WCIS public forum Web page.
Comments will be accepted on the forum until 5 p.m. on Wednesday, May 31, 2012. Please feel free to participate in this important process.
The draft penalty regulations are attached for your convenience.
2012 WCIS Advisory Meeting
The DWC's annual WCIS advisory committee meeting will be held on May 14, 2012 in Oakland, California. The DWC encourages participation by all interested stakeholders.
Monday, May 14, 2012
9:30 a.m. – 4:00 p.m.
Elihu Harris State Building Auditorium
1515 Clay Street
Oakland, California 94612
The agenda has been posted to the WCIS website at: http://www.dir.ca.gov/DWC/WCIS.htm.
FAQs for Medical Billing Data posted onlineUpdated Medical billing FAQs have been posted to the WCIS website at: http://www.dir.ca.gov/dwc/WCIS/WCIS_MedicalFAQs.html
WCIS trading partner contacts:
Trading partner letters A, I-L, S-V, Z
Trading partner letters B, D-F, N, O, W-Y
Trading partner letters C, G, H, M, P-R
Medical reports technical contact
Contents of this bulletin do not change existing regulatory requirements; they provide additional or revised detail about the technical implementation of those requirements. All technical changes will subsequently be reflected in other WCIS documentation. Any bulletin can be forwarded as needed, but should be forwarded in its entirety and without modification. If you have received a forwarded copy of this bulletin and are concerned about its authenticity, you can view this and previous bulletins on our WCIS web site: http://www.dir.ca.gov/dwc/wcis.htm.
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