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Division of Workers' Compensation (DWC)

Senate Bill 863 rulemaking timeline

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

Division of Workers' Compensation (DWC)

SB 863 Implementation Status Next Steps Effective Date Per
Labor Code
Ambulatory Surgery Center (ASC) Fee Schedule
(Non APA rulemaking, already in progress)
Labor Code § 5307.1
Completed, Effective:
Jan. 1, 2013
Completed Jan. 1, 2013
Copy Services Fee Schedule
Regular rulemaking
Labor Code § 5307.9
Reviewing Public input from survey and conducting study Working group meeting Dec. 31, 2013
Electronic document filing and lien filing fees
Proposed rulemaking
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
Regular rulemaking
Labor Code §§ 4600, 5307.8
Working group meeting:
Oct. 2, 2012
Post draft regulations on DWC forum July, 1, 2013
Independent Bill Review; Standardized Paper Billing and Payment; Electronic Billing and Payment
Proposed rulemaking
Labor Code §§ 139.5, 4603.2, 4603.3, 4603.4, 4603.6, 4622
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)
Utilization Review (UR) (including Request for Authorization form) and
Proposed rulemaking
Labor Code §§ 139.5, 4610, 4610.5, 4610.6
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
Approved rulemaking
Gov’t Code §§ 9795.1, 9795.1.5, 9795.1.6, 9795.3 and 9795.5
Labor Code §§ 4600, 5811
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)
Proposed rulemaking
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
Review comments Jan. 1, 2014
Official Medical Fee Schedule: Physician Fee Schedule
Sections 9789.12.1 - 9789.19
Labor Code § 5307.1
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
  Jan. 1, 2014
Predesignation/Chiropractor Primary Treating Physician
Regular Rulemaking
Labor Code § 4600
Working group meeting:
Oct. 2, 2012
Forum comments:
Nov. 6, Nov. 16, 2012
Public hearing:
Oct. 7, 2013
Public hearing:
Oct. 7, 2013
Jan. 1, 2013
Qualified Medical Evaluator Regulations and Permanent Disability Rating Determination (QME)
Final rulemaking
Labor Code §§ 139.5, 4610, 4610.5, 4610.6

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)
(Non APA rulemaking, already in progress)
Labor Code § 5307.1
Completed, Effective:
Jan. 1, 2013
Completed Jan. 1, 2013
Supplemental Job Displacement Benefit (SJDB)
Proposed rulemaking
Labor Code §§ 4658.5, 4658.6, 4658.7
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

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

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, 2013Comment period extended:
Aug. 9, 2013
Filed with Secretary of State:
Sept. 23, 2013
Complete Certificate of Compliance Oct. 23, 2013

March 2014