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Industry Chatter

AdjusterAcademy is pleased to present varying views from noted authors and experts on the subject of insurance claims and issues relating to the need for expert training of claims personnel. The following is the text from Assembly Bill 1262, authored by Assembly Member Matthews and is being sponsored by the Insurance Commissioner, John Garamendi. This bill, if passed, would require all workers' compensation adjusters to be trained and for insurers to certify to the Commissioner that adjusters meet minimum standards established by the Commissioner. 

AB 1262 has already passed in the Assembly is now being considered by the Senate.

Watch this site for the latest update on this important bill as well as other pending legislation relating to workers' compensation reform.

AMENDED IN ASSEMBLY APRIL 28, 2003

 

CALIFORNIA LEGISLATURE—2003–04 REGULAR SESSION

 

ASSEMBLY BILL No. 1262

 

Introduced by Assembly Member Matthews

 

February 21, 2003

 

An act to add Article 5 (commencing with Section 11761) to Chapter

3 of Part 3 of Division 2 of the Insurance Code, relating to workers’

compensation insurance.

 

LEGISLATIVE COUNSEL’S DIGEST

AB 1262, as amended, Matthews. Workers’ Compensation

Insurance: study claims adjusters.

Existing law generally regulates insurers offering workers’

compensation insurance and other specified entities involved in

administering this type of insurance.

This bill would require the Insurance Commissioner to adopt

regulations setting forth the minimum standards of training,

experience, and skill that workers’ compensation claims adjusters must

possess. The bill would require every workers’ compensation insurer, as

defined, to certify to the commissioner that the personnel employed by

the insurer to adjust workers’ compensation claims, or employed for

that purposes by a medical billing entity, as defined, meet those

minimum standards.

 

Existing law generally regulates the issuance of workers’

compensation insurance.

This bill would require the Insurance Commissioner to conduct a

study examining the competitiveness of the workers’ compensation

insurance system, as specified, and to submit a report to the Legislature

and the Governor.

 

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

 

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

 

SECTION 1. The Insurance Commissioner shall conduct

SECTION 1. Article 5 (commencing with Section 11761) is

added to Chapter 3 of Part 3 of Division 2 of the Insurance Code,

to read:

Article 5. Standards Applicable to Claims Adjusters

 

11761. (a) The commissioner shall adopt regulations setting

forth the minimum standards of training, experience, and skill that

workers’ compensation claims adjusters must possess to perform

their duties with regard to workers’ compensation claims.

(b) Every insurer shall certify to the commissioner that the

personnel employed by the insurer to adjust workers’

compensation claims, or employed for that purpose by any medical

billing entity with which the insurer contracts, meet the minimum

standards adopted by the commissioner pursuant to subdivision

(a).

(c) For the purposes of this section, ‘‘medical billing entity’’

means a third party that reviews or adjusts workers’ compensation

medical bills for insurers.

(d) For the purposes of this section, ‘‘insurer’’ means an

insurer admitted to transact workers’ compensation insurance in

this state, the State Compensation Insurance Fund, an employer

that has secured a certificate of consent to self-insure pursuant to

subdivision (b) or (c) of Section 3700 of the Labor Code, or a

third-party administrator that has secured a certificate of consent

pursuant to Section 3702.1 of the Labor Code.

a study of the workers’ compensation insurance system that

examines the state of competitiveness in the market, determines

factors affecting that state of competitiveness, and identifies ways

to improve market functioning. The commissioner shall submit a

 

report containing findings and recommendations to the

Legislature and the Governor.

 


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