DWC submitted two sets of emergency regulations to the state Office of Administrative Law (OAL) on Tuesday, December 30. One set implements the medical fee schedule provisions of Senate Bill 228, the other establishes lien filing fee procedures implementing another provision in SB 228.
The regulatory packages, as submitted to OAL, can be reviewed or downloaded from the DIR web site. For the OMFS regulations, go to: http://www.dir.ca.gov/dwc/dwcpropregs/OMFSEmerRegs.htm. The lien filing fee regulations are at http://www.dir.ca.gov/dwc/dwcpropregs/LienPayEmerRegs.htm.
The emergency regulations will become effective when OAL files them with the Secretary of State. OAL has up to10 days to review the regulations. DWC will issue an advisory newsline when they are filed with OAL and become effective.
Soon after the emergency rules go into effect formal rulemaking on permanent regulations will begin. DWC will have 120 days from the effective date of the emergency regulations to file a completed rulemaking file with OAL. During the 120-day period, DWC will conduct a regular rulemaking proceeding to adopt permanent OMFS and lien filing fee regulations. This proceeding will include a 45-day comment period and public hearing, consideration of public comments, and one or more modified proposals with 15-day comment periods.
The emergency regulations continue in effect while OAL reviews the final rulemaking action. Once that rulemaking process is complete, the permanent regulations will replace the emergency regulations.
More information about the rulemaking process can be found on OAL's web site at http://www.oal.ca.gov. Specific information on the emergency rulemaking process can be found here: http://www.oal.ca.gov/emergency.htm.