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AB-2558 Unemployment compensation disability insurance.(1997-1998)

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AB2558:v97#DOCUMENT

Assembly Bill No. 2558
CHAPTER 128

An act to amend Section 2708 of the Unemployment Insurance Code, relating to unemployment compensation disability insurance.

[ Filed with Secretary of State  July 10, 1998. Approved by Governor  July 09, 1998. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2558, Mazzoni. Unemployment compensation disability insurance.
Existing law requires the Employment Development Department to pay unemployment compensation disability benefits to eligible claimants. Existing law requires a claimant, subject to certain exceptions, to establish medical eligibility by filing a first claim for benefits supported by the certificate of a treating physician or practitioner, as specified. It defines a practitioner for these purposes to include, with respect to a normal pregnancy or childbirth, a duly certified nurse midwife or a duly licensed nurse practitioner.
This bill would also include within that definition of a practitioner a duly licensed midwife.

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


SECTION 1.

 Section 2708 of the Unemployment Insurance Code is amended to read:

2708.
 (a)  In accordance with the director’s authorized regulations, and except as provided in Sections 2708.1 and 2709, a claimant shall establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner. For subsequent periods of uninterrupted disability after the period covered by the initial certificate or any preceding continued claim, a claimant shall file a continued claim for those benefits supported by the certificate of a treating physician or practitioner. The certificate shall contain a diagnosis and diagnostic code prescribed in the International Classification of Diseases, or, where no diagnosis has yet been obtained, a detailed statement of symptoms.
The certificate shall also contain a statement of medical facts including secondary diagnoses when applicable, within the physician’s or practitioner’s knowledge, based on a physical examination and a documented medical history of the claimant by the physician or practitioner, indicating his or her conclusion as to the claimant’s disability, and a statement of his or her opinion as to the expected duration of the disability.
(b)  The first and any continuing claim of an individual who obtains care and treatment outside this state, shall be supported by a certificate of a treating physician or practitioner duly licensed or certified by the state or foreign country in which the claimant is receiving the care and treatment. If a physician or practitioner licensed by and practicing in a foreign country is under investigation by the department for filing false claims and the department does not have legal remedies to conduct a criminal investigation or prosecution in that country, the department may suspend the processing of all further certifications until the physician or practitioner fully cooperates, and continues to cooperate with the investigation. A physician or practitioner licensed by and practicing in a foreign country who has been convicted of filing false claims with the department may not file a certificate in support of a claim for disability benefits for a period of five years.
(c)  For purposes of this part, the term “physician” has the same meaning as it does in Section 3209.3 of the Labor Code. For purposes of this part, “practitioner” means a person duly licensed or certified in California acting within the scope of his or her license or certification who is a dentist, podiatrist, or as to normal pregnancy or childbirth, a midwife, nurse midwife, or nurse practitioner.
(d)  For a claimant who is hospitalized in or under the authority of a county hospital in this state, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimant’s hospital chart, and the certificate is signed by the hospital’s registrar. For a claimant hospitalized in or under the care of a medical facility of the United States government, a certificate of initial and continuing medical disability, if any, shall satisfy the requirements of this section if the disability is shown by the claimant’s hospital chart, and the certificate is signed by a medical officer of the facility duly authorized to do so.
(e)  Nothing in this section shall be construed to preclude the department from requesting additional medical evidence to supplement the first or any continued claim if the additional evidence can be procured without additional cost to the claimant. The department may require that the additional evidence include identification of diagnoses, symptoms, or a statement as to the facts of the claimant’s disability by the physician or practitioner treating the claimant, by the registrar, authorized medical officer, or other duly authorized official of the hospital or health facility treating the claimant, or by an examining physician or other representative of the department.