Office of the Chief Operating Officer
Office of the Chief Operating Officer
Risk Management and Insurance
Risk Management and Insurance
Services
Services
Workers
Workers
’
’
Compensation
Compensation
Reform Update
Reform Update
Presentation to the Presentation to the
Los Angeles Unified School District Los Angeles Unified School District
Committee of the Whole Committee of the Whole
2
Overview
Overview
Challenges/Responses
Challenges/Responses
•
•
WorkersWorkers’’ Compensation costs continue to Compensation costs continue to increaseincrease
•
•
LAUSDLAUSD’’ss WC reform began in 2003 to WC reform began in 2003 to reduce costsreduce costs
•
•
Additional resources have been devoted to Additional resources have been devoted to the programthe program
•
•
Staff changesStaff changes•
•
Improvements and achievements Improvements and achievements•
Outline
Outline
•
•
Workers
Workers
’
’
Compensation in General
Compensation in General
•
•
Workers
Workers
’
’
Compensation Program
Compensation Program
Background
Background
•
•
Fraud
Fraud
•
•
Goals
Goals
•
•
Current Initiatives
Current Initiatives
•
•
Legislation
Legislation
•
4
WORKERS
WORKERS
’
’
COMPENSATION
COMPENSATION
IN GENERAL
IN GENERAL
History of Workers
History of Workers
’
’
Compensation
Compensation
•
•
Work related injuries increased during the Work related injuries increased during the Industrial RevolutionIndustrial Revolution
•
•
EmployeeEmployee’’s only recourse was a lawsuit s only recourse was a lawsuit against the employeragainst the employer
•
•
CaliforniaCalifornia’’s WC system was established in s WC system was established in 19131913
•
•
““No faultNo fault”” systemsystem•
•
Employees benefit from prompt, equitable, Employees benefit from prompt, equitable, guaranteed benefitsguaranteed benefits
•
•
Employees generally may not file suit Employees generally may not file suit against employer6
Workers
Workers
’
’
Compensation Statutes
Compensation Statutes
•
•
Labor Code
Labor Code
•
•
California Code of Regulations
California Code of Regulations
•
•
Education Code
Education Code
•
Benefits Provided Under
Benefits Provided Under
Workers
Workers
’
’
Compensation in
Compensation in
California
California
•
•
Medical
Medical
•
•
Indemnity
Indemnity
•
•
Allocated Loss
Allocated Loss
Expenses
8
WC Cost Overall Components
WC Cost Overall Components
•
• Administrative Fees and ChargesAdministrative Fees and Charges
–
– District staffDistrict staff –
– Claims AdministrationClaims Administration –
– Actuarial StudiesActuarial Studies –
– Supplies & OverheadSupplies & Overhead
•
• Direct Program CostsDirect Program Costs
–
– Medical Expense Benefits (payments to doctors, hospitals, and otMedical Expense Benefits (payments to doctors, hospitals, and other her providers)
providers)
–
– Indemnity (temporary disability and permanent disability paymentIndemnity (temporary disability and permanent disability payments)s) –
– Allocated Loss Expenses (legal fees, investigative charges, courAllocated Loss Expenses (legal fees, investigative charges, court t costs, etc. )
costs, etc. )
•
• Indirect CostsIndirect Costs
– – SubstitutesSubstitutes – – MoraleMorale – – ProductivityProductivity –
– Student AchievementStudent Achievement
•
Is California Different
Is California Different
From Other States?
From Other States?
•
•
Costs are Costs are highesthighest in Californiain California•
•
Major reasons: Major reasons:-- High use of specific kinds of medical services High use of specific kinds of medical services (chiropractic care, etc.)
(chiropractic care, etc.)
-- Medical visits per claim are 70%Medical visits per claim are 70% greater than other
greater than other states
-- Litigation rate Litigation rate
•
•
Benefits for injured employees are among the Benefits for injured employees are among the lowestSource: CHSWC 2002
Source: CHSWC 2002--2003 2003
Annual Report 10
Median Number of Visits per Workers’
Compensation Claim by Provider Type*
*(1999-2000 Claims with greater than seven days lost time)
+39% +39% 12.2 12.2 17.0 17.0 Physical/ Physical/ Occupational Occupational Therapist Therapist +105% +105% 16.6 16.6 34.1 34.1 Chiropractor Chiropractor +49% +49% 7.8 7.8 11.6 11.6 Physician Physician Difference Difference 12 12--State State Median Median California California
California WC System
California WC System
Performance
Performance
Costs
Costs--Medical Benefits PaidMedical Benefits Paid
%
%
Medical Benefits ($000)
Medical Benefits ($000) 20012001 20022002 ChangeChange Physicians
Physicians $2,571,474$2,571,474 $2,941,336$2,941,336 14.4%14.4% Capitated
Capitated MedicalMedical $ 7,561$ 7,561 $ 8,814$ 8,814 16.6%16.6% Hospital Hospital $1,185,651$1,185,651 $1,610,923$1,610,923 35.9%35.9% Pharmacy Pharmacy $ 305,177$ 305,177 $ 423,869$ 423,869 38.9%38.9% Payments Made Payments Made Directly to Patient Directly to Patient $ 330,136$ 330,136 $ 340,019$ 340,019 3.0%3.0% Medical
Medical--Legal EvaluationLegal Evaluation $ 134,030$ 134,030 $ 127,392$ 127,392 5.0%5.0% Medical Cost Containment
Medical Cost Containment Programs*
Programs* $0$0 $ 407,872$ 407,872 N/A N/A TOTAL
TOTAL $4,534,030$4,534,030 $5,860,226$5,860,226 29.2%29.2% *Figures for medical cost
*Figures for medical cost--containment programs are based on a sample of insurers containment programs are based on a sample of insurers who reported medical cost
who reported medical cost--containment expenses to WCIRB. Not available for containment expenses to WCIRB. Not available for 2001.
Source: CHSWC 2003
Source: CHSWC 2003--2003 2003
Annual Report 12
California WC System Performance
California WC System Performance
Costs of Indemnity Benefits Paid
Costs of Indemnity Benefits Paid
%
%
Indemnity Benefit
Indemnity Benefit 20012001 20022002 ChangeChange (Thousands)
(Thousands)
Temporary Disability
Temporary Disability $2,027,178$2,027,178 $2,482,366$2,482,366 22.5%22.5% Permanent Total Disability
Permanent Total Disability $ 86,456$ 86,456 $ 86,434$ 86,434 0.0%0.0% Permanent Partial Disability
Permanent Partial Disability $2,177,340$2,177,340 $2,328,984$2,328,984 7.0%7.0% Death Death $ 65,980$ 65,980 $ 66,388$ 66,388 0.6%0.6% Funeral Expenses Funeral Expenses $ 2,308$ 2,308 $ 2,429$ 2,429 5.3%5.3% Life Pensions Life Pensions $ 39,462$ 39,462 $ 46,178$ 46,178 17.0%17.0% Vocational Rehabilitation Vocational Rehabilitation $ 663,212$ 663,212 $ 706,675$ 706,675 6.6%6.6% TOTAL TOTAL $5,061,935$5,061,935 $5,719,455$5,719,455 13.0%13.0%
California WC Costs
Percent Growth By Year-100.0% 0.0% 100.0% 200.0% 300.0% 400.0% 500.0% 600.0% Medical Paid Indemnity Paid Expenses Change in Total Reserves Total Medical Paid 1.7% 6.6% 19.3% 34.8% 56.9% 70.2% 106.1% Indemnity Paid -3.2% -1.8% 4.3% 10.4% 25.2% 27.3% 43.9% Expenses 2.6% 7.9% 21.8% 33.6% 38.0% 46.3% 97.8% Change in Total Reserves 81.7% 120.6% 150.0% 225.4% 277.8% 401.6% 550.0% Total 18.9% 32.0% 51.3% 81.1% 109.3% 145.9% 220.2%
14
BACKGROUND
BACKGROUND
LAUSD WORKERS
LAUSD WORKERS
’
’
COMPENSATION
COMPENSATION
PROGRAM
PROGRAM
History of Risk Management
History of Risk Management
and WC at LAUSD
and WC at LAUSD
•
•
No standNo stand--alone risk management departmentalone risk management department•
•
2 individuals were handling workers2 individuals were handling workers’’ compensation (7000 claims per year)compensation (7000 claims per year)
•
•
Actuarial studies conducted only once every 3 Actuarial studies conducted only once every 3 yearsyears
•
•
Same WorkersSame Workers’’ Compensation third party Compensation third party administrator for past 10 yearsadministrator for past 10 years
•
•
High claims and litigation ratesHigh claims and litigation rates•
16 16
PricewaterhouseCoopers Report
PricewaterhouseCoopers Report
Recommendations
Recommendations
Status
Status
•• Team with an excellent Third Party Team with an excellent Third Party Administrator (TPA)
Administrator (TPA)
•
• Improve quality of data and Improve quality of data and frequency of reports
frequency of reports
•
• Improve communication with Improve communication with employees
employees
•
• Establish comprehensive Stay at Establish comprehensive Stay at Work/
Work/
Return to Work Program
Return to Work Program
•
• Partner with UnionsPartner with Unions
•
• Partner with Office of Partner with Office of
Environmental Health and Safety
Environmental Health and Safety
•
• Increase Internal StaffingIncrease Internal Staffing
• • Completed Completed 8/1/03 8/1/03 • • Completed Completed 12/15/03 12/15/03 • • OngoingOngoing • • Effective Effective 2/1/04 2/1/04 • • OngoingOngoing • • OngoingOngoing • • Projected Projected completion completion 2/28/04 2/28/04
New Third Party Administrator/
New Third Party Administrator/
Management Reports
Management Reports
•
•
Sedgwick Claims Management
Sedgwick Claims Management
Services (SCMS) Effective
Services (SCMS) Effective
8/1/2003
8/1/2003
•
•
Customer Service Model
Customer Service Model
•
•
Information Management
Information Management
Systems
Systems
-
-•
18
LAUSD CURRENT
LAUSD CURRENT
WC PROGRAM
Overview Of WC At LAUSD
Overview Of WC At LAUSD
•
•
Program has been selfProgram has been self--insured since 1976insured since 1976•
•
Approximately 7000 claims are filed each Approximately 7000 claims are filed each yearyear
•
•
2003/04 claims are expected to cost $176 2003/04 claims are expected to cost $176 millionmillion
•
•
Estimated outstanding liabilities will be at Estimated outstanding liabilities will be at least $566least $566 million on June 30, 2004million on June 30, 2004
•
•
Over 200,000 lost work days annuallyOver 200,000 lost work days annually•
20
Overview of LAUSD WC Reforms
Overview of LAUSD WC Reforms
•
•
Labor/Management PartnershipLabor/Management Partnership•
•
Accident Prevention/Workplace Safety Accident Prevention/Workplace Safety•
•
Claims Management/AdministrationClaims Management/Administration•
•
Communication/Training Communication/Training•
•
TPA ManagementTPA Management•
•
LitigationLitigation•
•
Fraud and Abuse PreventionFraud and Abuse Prevention•
•
Stay at Work/Temporary Transitional Stay at Work/Temporary Transitional AssignmentsAssignments
•
$0.00 $20,000,000.00 $40,000,000.00 $60,000,000.00 $80,000,000.00 $100,000,000.00 $120,000,000.00
year 2000 year 2001 year 2002 year 2003 Source: Risk Managem ent Board Reports,
January 2000-Decem ber 2003
LAUSD WC Costs
Amount paid per calendar year
Indemnity Medical Allocated total
Source: Sedgwick CMS 22 2656 1615 2543 2779 1697 2501 2735 1747 2572 2655 1872 2492 1020 821 1096 0 1000 2000 3000 4000 5000 6000 7000 8000 Count 1999 -2000 2000 -2001 2001 -2002 2002 -2003 2003 -2004 YTD Fiscal Year
Total Claims By Fiscal Year Including Incidents
Medical Only
Incident Only
Los Angeles Unified School District
Open By Fiscal Year in Which Claim
was Filed
2052 721 940 1255 1926 1678 Prior to FY 00 FY 2000 FY 2001 FY 2002 FY 2003 FY 2004LAUSD total open claims all years = 8,572
24 24
2003 Paid Amount
2003 Paid Amount
By Date of Occurrence
By Date of Occurrence
$22,614,903 $10,096,333 $17,722,146 $49,718,088 CY < 2001 CY 2001 CY 2002 CY 2003 Source: SCMSWorkers’ Compensation Claim and
Staffing Comparison
*Sworn employee cases are handled by a TPA, and civilian employee cases 2,200
2 18,000
San Diego USD
9,100 104*
43,000 City of Los Angeles
12,170 11 97,220 County of Los Angeles 7,258 3 127,280 LAUSD Number of Claims for 2002-2003 Number of FTE Employees in WC Department Number of Individuals Covered Organization
Source: OEHS 26
Number of Claims Comparison Certificated v Classified Employees
2,673 2,719 2,701 4,345 4,331 4,275 0 2,000 4,000 6,000 8,000 FY 2000-01 FY 2001-02 FY 2002-03 T o tal Nu m b er o f C lai m s Fi le d Certificated Classified
Claims Rate Comparison
Certificated v Classified Employees
8.12 8.08 8.09 16.37 16.05 17.50 0.00 5.00 10.00 15.00 20.00 25.00 FY 2000-01 FY 2001-02 FY 2002-03 Cl ai ms Rate Certificated Classified
28 28 0.00 10.00 20.00 30.00 40.00 50.00 60.00 TRU CK O PER ATIO NS SCHO OL PO LIC E AUTO MO TIVE M AINT ENAN CE SPEC IAL ED UCA TIO N CT RS MAI NTEN ANC E & O PER ATIO NS EAR LY EDU CATI ON CT RS TRAN SPO RTA TIO N SCH OO LS (K-12) CAS/ OCC & SKI LLS C TRS LOCA L D ISTR ICT HQs ALL OTH ERS FY 00-01 FY 01-02 FY 02-03
Locations with Highest Claims Rates
Locations with Highest Claims Rates
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Strain Contusion (Bruise, Skin Surface) All Other (Specific) Injuries, NOC
Sprain Fracture Mental Stress Inflammation Carpal Tunnel Syndrome Laceration FY00 FY01 FY02 FY03
LAUSD Most Costly Types of
LAUSD Most Costly Types of
Injuries
30 30 0% 5% 10% 15% 20% 25% Low Back Area Multiple Body Parts
Knee Shoulder(s) Brain Wrist Ankle Hand Multiple Upper Extremities Soft Tissue-Neck Multiple Trunk Foot FY00 FY01 FY02 FY03
LAUSD Most Costly Injuries by Body
LAUSD Most Costly Injuries by Body
Part
Part
LAUSD Source of Funds for
LAUSD Source of Funds for
Workers
Workers
’
’
Compensation
Compensation
•
•
Budget
Budget
•
Source: Sedgwick CMS & Source: Sedgwick CMS &
Armtech 32
Reserve Fund Balance
Reserve Fund Balance
$-$100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2000-2001 2001-2002 2002-2003 2003-2004 Underfunded Liability Reserve Fund Balance
Actuarial Evaluation
Actuarial Evaluation
•
34
FRAUD
WC Fraud in California
WC Fraud in California
•
• Scope of ProblemScope of Problem –
– Estimated 20% to 30% of all claimsEstimated 20% to 30% of all claims
2001
2001--2002 2002
•
• 717 cases prosecuted717 cases prosecuted
•
• 3,548 number of fraud cases reported3,548 number of fraud cases reported
•
• cost $174 millioncost $174 million
•
• Fraud vs. AbuseFraud vs. Abuse –
– Knowing misrepresentation of a material factKnowing misrepresentation of a material fact –
– Activity intended to make excessive or improper use of Activity intended to make excessive or improper use of system system • • DetectionDetection • • Fines Fines
36
Types & Effects of
Types & Effects of
Fraudulent Claims
Fraudulent Claims
•
•
Types of WC FraudTypes of WC Fraud – – ClaimantClaimant – – ProviderProvider – – PremiumPremium•
•
Effects of WC Fraud Effects of WC Fraud –– Fraudulent claims represent substantial Fraudulent claims represent substantial and unnecessary costs to the district
and unnecessary costs to the district
–
– Adversely impacts academic Adversely impacts academic performance
Fraud Prevention Initiatives
Fraud Prevention Initiatives
•
• Investigations by OIG, School Police, and Sedgwick Investigations by OIG, School Police, and Sedgwick SIU
SIU
•
• Fraud Prevention Task Force MembersFraud Prevention Task Force Members –
– ORMISORMIS –
– OIG staffOIG staff –
– School PoliceSchool Police –
– OGCOGC –
– Staff RelationsStaff Relations –
– Sedgwick Special Investigations Unit (SIU)Sedgwick Special Investigations Unit (SIU) –
– District Attorney’District Attorney’s Office s Office
•
• Information received from administrators, managers, Information received from administrators, managers, supervisors, and fellow employees (District fraud
supervisors, and fellow employees (District fraud hotline)
hotline)
•
38
ORMIS
ORMIS
’
’
Goals
Goals
•
•
Provide High Quality Medical Care to
Provide High Quality Medical Care to
Injured Employees
Injured Employees
•
•
Improve Communication Among
Improve Communication Among
Managers, Employees, Bargaining
Managers, Employees, Bargaining
Units, Sedgwick CMS, Medical
Units, Sedgwick CMS, Medical
Providers, and Attorneys
Providers, and Attorneys
•
•
Assist the District in Reallocating
Assist the District in Reallocating
Resources through Cost Control
Resources through Cost Control
Programs
Re
Re
-
-
Allocation of Resources
Allocation of Resources
•
•
Estimated Costs of Claims Filed in Estimated Costs of Claims Filed in 20032003--20042004
Equivalents:
Equivalents:
4,250
4,250 new teachersnew teachers’’ salariessalaries 3.5 M
3.5 M student textbooksstudent textbooks 173 M
173 M student mealsstudent meals 4.7 %
4.7 % salary increase for allsalary increase for all employees
employees
$234
40
ORMIS
ORMIS
’
’
Current
Current
Program Initiatives
Program Initiatives
•
•
Claims Prevention Claims Prevention–
– Injury & Illness Prevention Program in Injury & Illness Prevention Program in cooperation with OEHS
cooperation with OEHS
–
– Accident InvestigationAccident Investigation –
– OEHS Serious Incident Response Team (SIRT)OEHS Serious Incident Response Team (SIRT) –
– District Wide TrainingDistrict Wide Training
•
•
Claims Management Claims Management–
– Medical Expense ManagementMedical Expense Management –
– Managing Indemnity Costs Managing Indemnity Costs –
– Litigation ControlLitigation Control –
Injury & Illness
Injury & Illness
Prevention Program
Prevention Program
•
•
California Code of RegulationsCalifornia Code of Regulations–
– Requires employers to maintain safe and Requires employers to maintain safe and healthful workplace
healthful workplace
–
– Mandates Injury and Illness Prevention Mandates Injury and Illness Prevention Program
Program
•
•
LAUSD LAUSD–
– All accidents are preventableAll accidents are preventable –
– Employers are responsible for providing a safe Employers are responsible for providing a safe work environment
work environment
–
42
OEHS Safety Program Goals
OEHS Safety Program Goals
•
•
Identify Identify ““SafetySafety”” as a core valueas a core value•
•
Injury & Illness Prevention Program (IIPP)Injury & Illness Prevention Program (IIPP)•
•
Assist site administratorsAssist site administrators•
•
InspectionsInspections•
•
Integrated District Safety TeamIntegrated District Safety Team•
•
Review StatisticsReview Statistics•
•
Corrective Action PlansCorrective Action Plans•
MEDICAL EXPENSE
MEDICAL EXPENSE
MANAGEMENT
44
Los Angeles Unified School District
Los Angeles Unified School District
Managed Care Services
Managed Care Services
Sedgwick CMS
Sedgwick CMS
•
•
Bill Review Services
Bill Review Services
•
•
PPO Network
PPO Network
•
•
Utilization Review
Utilization Review
•
•
Telephonic and Field Case
Telephonic and Field Case
Management
Management
•
Bill Review Services
Bill Review Services
•
•
Fee Schedule ReviewFee Schedule Review–
– Savings: Reductions from charged to Fee ScheduleSavings: Reductions from charged to Fee Schedule
•
• $10,832,720$10,832,720
•
•
PPO NetworkPPO Network–
– Penetration: 43.5%Penetration: 43.5% –
– Savings: Reductions from Fee Schedule to PPO rateSavings: Reductions from Fee Schedule to PPO rate
•
• $1,104,900$1,104,900
•
•
Ambulatory Surgery ReviewAmbulatory Surgery Review–
– Savings: Reductions from charged to U & CSavings: Reductions from charged to U & C
•
• $3,323,122$3,323,122
•
•
Results of program to date Results of program to date–
46
LAUSD Total Savings % of Charges
LAUSD Total Savings % of Charges
40% 49% 45% 48% 44% 0% 10% 20% 30% 40% 50%
Aug Sep Oct Nov Dec
Sedgwick CMS Book of Business Average 34%
Telephonic & Field Case
Telephonic & Field Case
Management
Management
•
•
DefinitionDefinition–
– Assess and negotiate appropriate treatmentAssess and negotiate appropriate treatment –
– Negotiate with provider for early sustainable RTWNegotiate with provider for early sustainable RTW –
– Access Physician Advisors as needed to assist to Access Physician Advisors as needed to assist to evaluate and impact treatment necessity, MMI and
evaluate and impact treatment necessity, MMI and
RTW
RTW
•
•
Telephonic Case ManagementTelephonic Case Management–
– 264 Cases Closed264 Cases Closed –
– 249 RTW (94%)249 RTW (94%) –
– 177 Cases currently open177 Cases currently open
•
•
Field Case ManagementField Case Management–
– 22 Cases Closed22 Cases Closed
48
INDEMNITY
INDEMNITY
MANAGEMENT
MANAGEMENT
(Lost Time)
(Lost Time)
Effects of Employee Absence
Effects of Employee Absence
•
•
Costs associated with the
Costs associated with the
program
program
•
•
Direct
Direct
•
•
Indirect
Indirect
•
•
Employee Morale
Employee Morale
•
•
Impact on Student
Impact on Student
Achievement
50
Stay at Work / Return to Work
Stay at Work / Return to Work
Program
Program
•
•
Reduces time lost and improves morale Reduces time lost and improves morale and productivityand productivity
•
•
Mandatory program for all injuries and Mandatory program for all injuries and illnessesillnesses
•
•
Applies to employees with either temporary Applies to employees with either temporary or permanent work restrictionsor permanent work restrictions
•
•
Benefits the District and injured employeeBenefits the District and injured employee•
Litigation Management
Litigation Management
Many District employees retain an attorney Many District employees retain an attorney
and litigate their claims and litigate their claims
•
•
Refer as few claims to attorney firms as is Refer as few claims to attorney firms as is prudentprudent
•
•
Closely monitor the activities of attorneys Closely monitor the activities of attorneys and the fees they chargeand the fees they charge
•
•
OGC Litigation OversightOGC Litigation Oversight•
•
Tymetrix will perform legal bill review Tymetrix will perform legal bill review services by 4/1/04services by 4/1/04
•
52
Communication & Training
Communication & Training
Change the Culture of the Organization Change the Culture of the Organization
•
•
Regular Communication
Regular Communication
•
•
ORMIS website
ORMIS website
•
•
Written materials
Written materials
•
•
Training for employee
Training for employee
groups
LEGISLATION
54
Legislation Previously Passed
Legislation Previously Passed
•
•
Major Bills
Major Bills
–
–
Assembly Bill 749 (Calderon)
Assembly Bill 749 (Calderon)
–
–
Assembly Bill 227 (Vargas)
Assembly Bill 227 (Vargas)
–
–
Senate Bill 228 (
Senate Bill 228 (
Alarcon
Alarcon
)
)
–
Assembly Bill 749 (Calderon)
Assembly Bill 749 (Calderon)
Effective January 1, 2003
Effective January 1, 2003
•
•
Increased Temporary Total Disability Increased Temporary Total Disability (TTD) rate(TTD) rate
•
•
Provides automatic increases in TTD Provides automatic increases in TTDbenefits each January 1st through 2007
benefits each January 1st through 2007
•
•
Increases maximum amount of the Increases maximum amount of the ““average weekly wageaverage weekly wage””
•
•
Primary treating physician legal Primary treating physician legalpresumption of correctness repealed
56 56
Assembly Bill 227 (Vargas)
Assembly Bill 227 (Vargas)
Effective January 1, 2004
Effective January 1, 2004
•
•
Employers assessed 100% of funding Employers assessed 100% of funding for Division of Workersfor Division of Workers’’ Compensation
Compensation
•
•
Repeals Vocational Rehabilitation Repeals Vocational RehabilitationBenefit (VR) for dates of injury on or Benefit (VR) for dates of injury on or
after 1/1/04 after 1/1/04
•
•
Mandates Supplemental Job Mandates Supplemental JobDisability Benefit (SJDB) for all Disability Benefit (SJDB) for all
injuries occurring on or after 1/1/04 injuries occurring on or after 1/1/04
•
•
Increases penalty for WorkersIncreases penalty for Workers’’Compensation fraud from $50,000 to Compensation fraud from $50,000 to
$150,000 $150,000
Senate Bill 228 (Alarcon)
Senate Bill 228 (Alarcon)
Effective January 1, 2004
Effective January 1, 2004
•
• Creates a fee schedule for medical services and Creates a fee schedule for medical services and prescriptions based on Medicare and Medi
prescriptions based on Medicare and Medi--Cal Cal
payment
payment
•
• Fee schedule for outpatient surgery centersFee schedule for outpatient surgery centers
•
• Prohibits referrals to outpatient surgery clinics by Prohibits referrals to outpatient surgery clinics by doctors
doctors
•
• Requires doctors to provide generic drugs when Requires doctors to provide generic drugs when possible
possible
•
• Primary Treating Physician Presumption of Primary Treating Physician Presumption of Correctness repealed for all dates of injury
Correctness repealed for all dates of injury
•
• Caps number of chiropractic and physical therapy Caps number of chiropractic and physical therapy visits
visits
•
• Authorizes establishment of carveAuthorizes establishment of carve--out programs in out programs in any unionized industry
58
Assembly Bill 1557 (Vargas)
Assembly Bill 1557 (Vargas)
Effective January 1, 2004
Effective January 1, 2004
•
•
Requires employer to establish an
Requires employer to establish an
internal utilization review process
internal utilization review process
•
•
Employee no longer entitled to
Employee no longer entitled to
increase in compensation due to
increase in compensation due to
delays in reviewing process
Proposed Legislation
Proposed Legislation
•
• Assembly Bill 1 (Maldonado)Assembly Bill 1 (Maldonado)
•
• Assembly Bill 3 (Vargas)Assembly Bill 3 (Vargas)
•
• Assembly Bill 4 (Richman)Assembly Bill 4 (Richman)
•
• Assembly Bill 5 (Richman)Assembly Bill 5 (Richman)
•
• Assembly Bill 6 (Richman)Assembly Bill 6 (Richman)
•
• Assembly Bill 7 (Richman)Assembly Bill 7 (Richman)
•
• Assembly Bill 8 (Richman)Assembly Bill 8 (Richman)
•
• Assembly Bill 9 (Richman)Assembly Bill 9 (Richman)
•
• AssembyAssemby Bill 10 (Richman)Bill 10 (Richman)
•
• Assembly Bill 11 (Richman)Assembly Bill 11 (Richman)
•
• Senate Bill 3 (Senate Bill 3 (PoochiganPoochigan, , AanestadAanestad, et al.), et al.)
•
• Senate Bill 5 (Johnson)Senate Bill 5 (Johnson)
•
60
ORMIS SPECIFIC PROGRAM
ORMIS SPECIFIC PROGRAM
OBJECTIVES
OBJECTIVES
$120 million $120 million $115 million $115 million $110 million $110 million $108 million $108 million Amount Amount Paid Board Paid Board Reports Reports 2800 2800 3200 3200 4000 4000 4730 4730 Number of Number of Litigated Litigated Cases Cases 80,000 80,000 110,000 110,000 140,000 140,000 200,000 200,000 Number of Number of lost work lost work days days 6700 6700 7000 7000 7300 7300 9028 9028 Number of Number of Open Claims Open Claims 6300 6300 6650 6650 7000 7000 7018 7018 Number of Number of Claims Filed Claims Filed 6/30/06 6/30/06 6/30/05 6/30/05 6/30/04 6/30/04 6/30/03 6/30/03 Standard StandardORMIS SPECIFIC PROGRAM
ORMIS SPECIFIC PROGRAM
OBJECTIVES
OBJECTIVES
continuedcontinued$20,000 $20,000 $22,000 $22,000 $23,500 $23,500 $23,500 $23,500 Average Cost Average Cost Per Claim Per Claim $6.5 million $6.5 million $8 million $8 million $9.5 million $9.5 million $11 million $11 million Allocated Allocated- -Litigation Litigation Costs Costs Fully Funded Fully Funded Pending Pending Pending Pending $289 million $289 million Reserve Reserve Fund Balance Fund Balance 50 50 50 50 35 35 None None Workers Workers’’ Comp Comp Training Training 6/30/06 6/30/06 6/30/05 6/30/05 6/30/04 6/30/04 6/30/03 6/30/03 Standard Standard
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