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 |
Jan. 25, 2011 - public hearing Oct. 23 - Nov. 7, 2012 - Notice of modification to text of proposed regulations Dec. 27, 2012 - Filed with secretary of state |
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 Labor Code §§ 4903, 4903.05, 4903.06, 4903.07 |
Dec. 12, 2012 – Notice of Proposed Emergency Action Issued Dec. 19, 2012 - Filed with Office of Administrative Law Dec. 31, 2012 - Filed with secretary of state March 26, 2013 - Public hearing |
Proceed with certificate of compliance | Jan. 1, 2013 |
| Home Health Care Fee Schedule Regular rulemaking Labor Code §§ 4600, 5307.8 |
Oct. 2, 2012 - working group meeting | 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 |
Dec. 12, 2012 – Notice of Proposed Emergency Action Issued Dec. 19, 2012 - Filed with Office of Administrative Law Dec. 31, 2012 - Filed with secretary of state Apr. 9, 2013 - Public hearing |
Proceed with certificate of compliance | 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 |
Dec. 12, 2012 – Notice of Proposed Emergency Action Issued Dec. 19, 2012 - Filed with Office of Administrative Law Dec. 31, 2012 - Filed with secretary of state Apr. 4, 2013 - Public hearing |
Proceed with certificate of compliance | For injuries on or after Jan. 1, 2013; For decisions communicated on or after July 1, 2013 |
| Interpreter Certification Proposed rulemaking Gov’t Code §§ 9795.1, 9795.3 Labor Code §§ 4600, 5811 |
Dec. 12, 2012 – Notice of Proposed Emergency Action Issued Dec. 19, 2012 – Filed with Office of Administrative Law Dec. 31, 2012 - Filed with secretary of state March 19, 2013 - Public hearing |
Proceed with certificate of compliance |
Jan. 1, 2013 |
| Medical Provider Network (MPN) Regular rulemaking Labor Code §§ 4616 et seq. |
DWC drafting proposed revised regulations | Working group meeting | Jan. 1, 2014 |
| Physician Fee Schedule (RBRVS) (Non APA rulemaking) Labor Code § 5307.1 |
Nov. 14, 2012 - Working group meeting | Post draft regulations on DWC forum | The fee schedule provided by Senate Bill 863 will commence on Jan. 1, 2014 and continue until a physician fee schedule is adopted |
| Predesignation/Chiropractor Primary Treating Physician Regular Rulemaking Labor Code § 4600 |
Nov. 6 - Nov. 16, 2012 - Forum comments
Oct. 2, 2012 - working group meeting |
Review forum comments | Jan. 1, 2013 |
| Qualified Medical Evaluator Regulations and Permanent Disability Rating Determination (QME) Proposed rulemaking Labor Code §§ 139.5, 4610, 4610.5, 4610.6 |
Dec. 12, 2012 – Notice of Proposed Emergency Action Issued Dec. 19, 2012 - Filed with Office of Administrative Law Dec. 31, 2012 - Filed with secretary of state Apr. 4, 2013 - Public hearing |
Proceed with certificate of compliance | 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 |
Jan. 25, 2011 - Public hearing Nov. 13 - Nov. 28, 2012 - Notice of modification to text of proposed regulations Oct. 18 - Nov. 2, 2012 - Notice of modification to text of proposed regulations Dec. 27, 2012 - Filed with Secretary of State |
Completed | Jan. 1, 2013 |
| Supplemental Job Displacement Benefit (SJDB) Proposed rulemaking Labor Code §§ 4658.5, 4658.6, 4658.7 |
Dec. 7, 2012 - Notice of proposed emergency action issued Dec. 14, 2012 - Filed with the Office of Administrative Law Dec. 20, 2012 – Filed with secretary of state March 19, 2013 - Public hearing |
Proceed with certificate of compliance | Jan. 1, 2013 |
| Vocational Expert Fee Schedule Regular rulemaking Labor Code § 5307.7 |
June 28, 2012 - working group meeting | 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 |
Dec. 5, 2012 – Notice of Proposed Emergency Action Issued Dec. 19, 2012 – Filed with Office of Administrative Law Dec. 31, 2012 – Filed with Secretary of State |
Proceed with certificate of compliance | 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 |
| Independent Bill Review (IBR) Review procedure Labor Code § 4603.6(f) |
WCAB drafting regulations | Non APA rulemaking | Jan. 1, 2013 |
| Independent Medical Review (IMR) Review procedure Labor Code § 4610.6(h) |
WCAB drafting regulations | Non APA rulemaking | Jan. 1, 2013 |
| Labor Code §§ 4903 et seq. | WCAB drafting regulations | Non APA rulemaking | Jan. 1, 2013 |
| Medical Provider Network (MPN) Review procedure Labor Code § 4616(h) |
WCAB drafting regulations | Non APA rulemaking | Jan. 1, 2013 |
| Return to Work Fund (Non APA rulemaking) Review procedure Labor Code § 139.48 |
WCAB drafting regulations | Non APA rulemaking | Jan. 1, 2013 |
February 2013