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AB-2091 Workers’ compensation: annual study: access to pharmacy services.(2007-2008)

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Assembly Bill No. 2091
CHAPTER 193

An act to amend Section 5307.2 of the Labor Code, relating to workers’ compensation.

[ Approved by Governor  July 22, 2008. Filed with Secretary of State  July 22, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2091, Fuentes. Workers’ compensation: annual study: access to pharmacy services.
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment.
Existing law requires the administrative director to contract with an independent consulting firm, as specified, to perform an annual study of access to medical treatment by injured workers, and make recommendations to ensure continued access to that treatment.
This bill would additionally require that the study analyze and make recommendations regarding continued access to prescription drugs and pharmacy services by injured workers.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5307.2 of the Labor Code is amended to read:

5307.2.
 The administrative director shall contract with an independent consulting firm, to the extent permitted by state law, to perform an annual study of access to medical treatment for injured workers. The study shall analyze whether there is adequate access to quality health care and products, including prescription drugs and pharmacy services, for injured workers and make recommendations to ensure continued access. If the administrative director determines, based on this study, that there is insufficient access to quality health care or products for injured workers, including access to prescription drugs and pharmacy services, the administrative director may make appropriate adjustments to medical, prescription drugs and pharmacy services, and facilities’ fees. When there has been a determination that substantial access problems exist, the administrative director may, in accordance with the notification and hearing requirements of Section 5307.1, adopt fees in excess of 120 percent of the applicable Medicare payment system fee, or in excess of 100 percent of the fees prescribed in the relevant Medi-Cal payment system, for the applicable services or products.