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Ricardo Lara Likely Next Insurance Commissioner

With numbers still coming in and some important races still too close to call, Ricardo Lara, a Democratic California state senator known for his “health for all” legislation, is likely the winner of the race for California insurance commissioner post.. The California Secretary of State reports that as of 8:36 am on November 8, 100% of the precincts have reported, and Lara has the lead over Steve Poisner by 50.8% to 49.2%

Lara, has represented California’s 33rd District in the state Senate since 2012. He has a narrow lead over Steve Poizner, a former California insurance commissioner who ran as an independent. Lara supports universal, comprehensive health coverage for all Californians.

As a state senator, Lara wrote the Health4All Kids Act. The act extended the state’s Medicaid program, Medi-Cal, to cover about 250,000 California children in families that have trouble documenting the children’s immigration status.

Lara later co-introduced S.B. 562, a bill that could create a single-payer health care system for California. The bill would prohibit insurers from offering traditional major medical coverage in competition with the universal health coverage program, according to a copy of the bill text. Because the proposed program would cover dental care, vision care, chiropractic care, home health care and acupuncture, the bill might also ban the sale of some kinds of supplemental health insurance products, such as dental insurance, vision insurance, alternative health care insurance, and long-term care insurance that covers home health care.

Members of the California state Senate passed S.B. 562 by a 23-14 vote on June 1, 2017. California Assembly Speaker Anthony Rendon declined to have the Assembly act on the bill. Rendon said the bill was incomplete, according to a statement Rendon released in June 2017.

Lara is expected to work with the incoming governor, Gavin Newsom, and the state legislature on health care. Health care came up as a top issue in polling.

Lara – who was endorsed by outgoing California Gov. Jerry Brown, as well as by the Union of Health Care Professionals and the United Farm Workers of America – has also been talking about the possible effects of wildfires and climate-caused events on Californians’ health.

Lara has pledged in his campaign materials to support consumers, patients, working families and vulnerable populations. His platform also includes efforts to improve infrastructure and education.

In an official ballot statement, Lara notes that his father was a factory worker. He says his parents believed in the value of having insurance to protect their modest property. He states that, as his parents aged, “they sacrificed a little more to buy life insurance. They did it because they knew they were one accident, one fire, one burglary, one serious illness away from losing everything they had worked for.”

CDI Approves Comp Rate Lower Than WCIRB Suggests

The California Insurance Commissioner adopted and issued a revised advisory pure premium rate, lowering the benchmark to $1.63 per $100 of payroll for workers’ compensation insurance, effective January 1, 2019. Commissioner Jones has reduced the advisory pure premium rate by about 42 percent since January 2015 when the Commissioner approved an average pure premium rate that was $2.81 per $100 of payroll.

With an average filed pure premium rate of $2.13 per $100 of payroll as of July 1, 2018, insurers were on average applying pure premium rates that were approximately 19.7 percent more than the corresponding average advisory pure premium rate of $1.78 approved by the commissioner as of that date.

The indicated advisory pure premium rate level of $1.63 approved by the Commissioner today is about 23.5 percent lower than the industry filed average pure premium rate of $2.13 as of July 1, 2018.

“Savings for workers’ compensation insurers continue and all of those savings ought to be shared with employers,” said Insurance Commissioner Dave Jones. “Cost savings in the workers’ compensation system have helped insurers and employers deserve to share in the cost savings through lower premiums. I renew my call on workers’ compensation insurers to pass along savings to employers.”

Commissioner Jones’ decision results in an advisory pure premium rate that is below the $1.70 average rate recommended by the Workers’ Compensation Insurance Rating Bureau (WCIRB) in its filing. Jones issued the advisory rate after a public hearing and careful review of the testimony and evidence submitted by stakeholders. The pure premium rate is only advisory, as the Legislature has not given the commissioner rate authority over workers’ compensation rates.

The WCIRB’s pure premium advisory rate filing demonstrated continued decreases in costs in California’s workers’ compensation insurance market. The pure premium advisory rate reduction is based on insurers’ cost data through June 30 of this year. Insurers’ net costs in the workers’ compensation system continue to decline as a result of SB 863, SB 1160, and AB 1244 enacted by the Legislature and Governor Jerry Brown. The WCIRB notes continued favorable medical loss development including acceleration in claim settlement.

WCIRB Reports Overall Reduction in Medical Costs

The WCIRB has released the California Workers’ Compensation Aggregate Medical Payment Trends report comparing medical payment information from 2015 to 2017. The WCIRB analysis is based on medical payment data representing 92% of the California workers’ compensation insurance market.

Overall, there was a cumulative 8% reduction in medical payments per claim from CY2015 through CY2017, comparable to the cumulative two-year reduction (10%) from CY2014 to CY2016 (Table 1). The decline in paid per claim was largely driven by the declines in utilization (e.g., paid transactions per claim declined by 8%).

The downward trend reflects a continuation of the savings generated by the reforms to the medical care delivery enacted by Senate Bill No. SB 863 in 2012, anti-fraud efforts and the continued sharp decline in pharmaceutical costs.

There were sharp declines in the average paid per transaction for pharmaceuticals (24%), pharmacies (28%) and pharmacists (27%) since 2015. This continues to be a result of reductions in the prescribing of controlled substances, reduced physician office dispensing, implementation of the Federal Upper Limits on prescription drug prices, as well as the continued shift from brand to generic drugs. (These reductions pre-date the implementation of the new drug formulary implemented in January 2018 pursuant to Assembly Bill No. 1124).

There were sharp decreases in the share of workers’ compensation claims with any opioid prescription from 18.2% in 2015 to 11.6% in 2017. The medical payments on the claims with at least one opioid prescription were, on average, more than three times higher than those on the claims without opioid prescriptions.

Common non-opiate analgesics and topicals, Topical Corticosteroids, and other medications sometimes used to relieve pain such as Anticonvulsants and Central Muscle Relaxants experienced a combined increase of 4.8%. On the other hand, Opioid Agonists, Opioid Partial Agonists and Opioid Combinations totaled a 2.8% decrease in their share of pharmaceutical payments from CY2016 to CY2017.

There was a significant change in the mix of Medical-Legal (ML) services in 2017. The share of ML104 (the most comprehensive and expensive service) transactions declined by 22.7%, while that for ML102 (the most basic ML evaluation) increased by 42.6%. This resulted in an 8% decline in the average cost of a medical-legal report in 2017 following a number of years of increases.

The procedure code set related to Physical Medicine and Rehabilitation was the greatest gainer between CY2016 and CY2017 and received the second largest amount of payments (21.7%). The Office or Other Outpatient Services continued to grow, and received the largest amount of payments (33.5%).

The full report is available in the Research section of the WCIRB website, California Workers’ Compensation Aggregate Medical Payment Trends – Updated through Calendar Year 2017

Cal/OSHA Adopts Emergency Form 300A Regs

Governor Brown signed AB 2334 into law last summer. The new law requires that, as part of occupational injury and illness reporting, employers additionally file specified injury and illness forms electronically with Cal/OSHA no later than February 1 of each year.

And requires Cal/OSHA to develop a searchable database for one of those forms relating to summary information on its web site by a date specified and further requires Cal/OSHA to post those forms on the database within 90 days of receipt. “While posting of injury information at each worksite is important, specific workplace injury and illness information is not accessible to the public and prospective employees in an easily accessible database on the Internet.”

The new law seems to have been triggered by federal initiatives to reduce employer reporting requirements.

The federal Occupational Safety and Health Administration (OSHA) adopted the Improve Tracking of Workplace Injuries and Illnesses rule in 2016. This rule requires electronic submission of certain occupational injury and illness reports by covered employers with at least 250 employees and by smaller employers in high-risk industries. In the fall of 2017,

However, OSHA issued a Notice of Proposed Rulemaking to potentially relax these workplace injury and illness reporting requirements.

In response to the federal initiative to reduce employer reporting requirements, California decided to pass a new law that went the other way – Increase employer reporting requirements. To quickly implement AB 2334, Cal/OSHA’s emergency regulations requiring certain employers in California to electronically submit each year their Form 300A summaries of work-related injuries and illnesses to federal OSHA have been approved by the Office of Administrative Law (OAL).

The following employers must submit online the Form 300A covering calendar year 2017 by December 31, 2018:

All employers with 250 or more employees, unless specifically exempted by section 14300.2 of Title 8 of the California Code of Regulations.

Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations. There are approximately 67 industries on this list. Examples include construction, manufacturing, wholesale trade, grocery and specialty food stores, and similar industries. .

Employers described above that are now required to submit their 300A summaries online each year should follow the instructions on federal OSHA’s Injury Tracking Application webpage.

Cal/OSHA will proceed with the formal rulemaking process to make the emergency regulations permanent by submitting the required documentation to OAL. The rulemaking process will include a public comment period and public hearing. The dates for the comment period and public hearing will be posted on Cal/OSHA’s proposed regulation page.

The California Division of Occupational Safety and Health, or Cal/OSHA, is the division within the Department of Industrial Relations (DIR) that helps protect California’s workers from health and safety hazards on the job in almost every workplace.

Convicted Ortho Dupes California UR Providers

Spyros Panos M.D., was an orthopedic surgeon practicing in New York. For years, he seemed like a successful orthopedic surgeon, seeing dozens of patients a day and bringing in millions of dollars in fees for his suburban New York medical group.

Behind the scenes, however, he was inflating charges and billing for surgeries he didn’t perform, perpetrating a years-long fraud that culminated in a guilty plea on a single count in federal court in 2013. In 2013, he surrendered his license to practice medicine following his conviction for health care fraud.

In 2014, Panos began serving a 54-month sentence, and was released in 2016 to a halfway house and then, about a month later, to home confinement. He also faced more than 250 malpractice lawsuits, including some claiming that he botched surgeries.

Since March 2017, he has been serving a two-year term of supervised release. It did not take him long to get into trouble again. But even as he was waiting to be sentenced, federal prosecutors say, Panos was beginning a new criminal scheme that would go undetected for years until he was arrested again in April 2018.

In April 2018, he was charged with wire fraud, health care fraud, and aggravated identity theft, in connection with a scheme in which he assumed the identity of a licensed orthopedic surgeon and obtained over $860,000 in payments for reviewing patient files in Workers Compensation cases.

In about December 2013, after Panos pled guilty on October 31, 2013, and before he surrendered to serve his sentence on April 2, 2014, a company called Excel O LLC was formed. The registered agent for Excel O is a Panos family member and is not a licensed physician. Panos allegedly used this company to hide his identity, and assume the stolen identity of another physician, to dupe utilization review companies who evaluated cases nationwide.

In the latest criminal case, prosecutors say Panos defrauded six utilization review companies for $876,000, using a fake Google email address, a shell company registered in the name of a family member to a Brooklyn address and the credentials of another physician. He is charged with infiltrating an obscure but essential piece of the American health-care business: a $4 billion industry that provides independent doctors to render expert opinions on which treatments are appropriate. He has plead not guilty to the charges.

Over the past five months, thousands of patients have received notices from several insurance companies that Panos had posed as another doctor in order to review their medical records in coverage disputes. At least 2,500 people nationwide were affected, according to data compiled by Bloomberg, but the full reach of the alleged fraud hasn’t been made public.

Prosecutors did not name the six independent review companies that Panos worked for, but disclosure letters identify some of them: Advanced Medical Reviews and Network Medical Review are both subsidiaries of a company called ExamWorks, which was acquired by the private equity firm Leonard Green & Partners LP for $2 billion in 2016.

At least one company, Gallagher Bassett, a subsidiary of insurance brokerage Arthur J. Gallagher, told California authorities last August, that 1,294 workers’ compensation claims in the state may have been affected through vendors who hired Panos.

DWC Announces 26th Annual Educational Conference

The California Division of Workers’ Compensation announced that registration for its 26th annual educational conference is now open.

The conference will take place February 11-12, 2019 at the Los Angeles Airport Marriott and February 28-March 1, 2019 at the Oakland Marriott City Center Hotel.

Attendee, exhibitor and sponsor registration forms may be downloaded from the conference website.

Registration flyers were recently mailed to the names on our conference mailing list. These forms are also available at this website and at DWC district offices.

This annual event is the largest workers’ compensation training in the state and allows claims administrators, attorneys, medical providers, return-to-work specialists, employers, human resources and others to learn firsthand about the most recent developments in the system. Attendees will be interested in learning about current topics from a variety of workers’ compensation experts from DWC, other state and public agencies, and the private sector.

DWC has applied for continuing educational credits by attorney, rehabilitation counselor, case manager, disability management, human resource and qualified medical examiner certifying organizations among others.

Organizations who would like to become sponsors of the DWC conference can do so by going to the website.

The 2018 conference had 1,772 attendees and 128 exhibitors, so early registration is encouraged.

Los Gatos Psychiatric QME Disciplined

Perry Roy Segal M.D., License No. C 39242, is a 1976 graduate of Johns Hopkins University School of Medicine, and is certified by the American Board of Psychiatry and Neurology. He was licensed as a California Physician and Surgeon in June 1980. He is listed as a QME in psychiatry with an office at 250 Blossom Hill Road, in Los Gatos California.

The DWC Disciplined Physicians List shows that his QME certification has been revoked with revocation stayed. He was placed on probation from 10/18/2018 through 10/18/2019 concurrent with Medical Board probation and discipline order..

The Accusation filed against Dr. Segal in July 2015 claimed he engaged in “unprofessional conduct amounting to gross negligence and/or repeated negligent acts and/or incompetence in the care and treatment of Patient T.D.” He had been treating this patient for depression and anxiety, allegedly stemming in part from a possible work-related injury since March, 1999.

On August 6, 2013, the Medical Board received a complaint from a pharmacist, Dr. R. W., at the Fox Army Health Center in Redstone Arsenal, Alabama, regarding Dr. Segal’s prescriptions of pain medication to Patient T.D.

In an interview with the Medical Board, Dr. R. W . detailed that Patient T.D. was receiving prescriptions for Percocet from the Respondent which she filled in Alabama, but that Patient T.D. also filled other pain medication prescriptions in California. Dr. R. W .also reported that it appeared that Respondent, a psychiatrist, was prescribing pain medications and performing pain management without conducting proper physical examinations.

Dr. R. W. reported that she tried repeatedly to discuss the situation with Respondent, who would not contact her. Eventually, Dr. R. W. reached Respondent, who was uncooperative and evasive, telling her that Patient T . D . was a family friend. Ultimately, the Fox Army Health Center refused to fill additional prescriptions for Patient T.D.

Pharmacy and medical records show that during a sample three-year period, Dr. Segal prescribed Patient T.D. various doses and quantities of Demerol, Percocet, Valium, Ambien, Dilaudid, Soma, and Xanax. During this time, Patient T.D. also received pain medications from at least four other doctors.

During his interview with the Board, Segal admitted that he had prescribed pain medications to Patient T.D .for at least a decade, and that he did so as a stop-gap measure to support her during a time when he believed that she had difficulty receiving pain medications from her other health care providers. He stated that he prescribed several dangerous drugs and narcotics to Patient T.D. because she asked for them by name.

During his interview with the Board, Dr. Segal admitted that in the more than ten years of prescribing her pain medication, he had never checked with Patient T. D. s other doctors to ensure that she was not receiving pain medication from multiple providers. He also admitted that he had never checked the Control led Substance Utilization Review and Evaluation System (CURES) to verify her claims that she could not get pain medication from other providers. During his interview with the Board, he admitted that he did not know that CURES existed.

Had he checked CURES or with Patient T. D .’s other health care providers, he would have learned that she was receiving pain medication from at least four other doctors.

In May 2016, Dr. Segal and his attorney signed a Stipulated Settlement with the California Medical Board.

Travelers Explores Wearables for Improved Job Safety

Gilbane Building Company has been a part of the San Francisco Bay Area since 1995. It was founded in 1873 and still a privately held, family-owned company, Gilbane has 46 office locations worldwide. Gilbane has built some of the most complex and celebrated construction projects in the nation and has been recognized for excellence in safety by the Construction Users Roundtable (CURT) and the Associated General Contractors of America (AGC).

Triax Technologies, Inc. is a Norwalk, Connecticut-based technology company that develops and delivers IoT solutions for the construction industry. Its flagship Spot-r system connects workers, equipment and managers through a proprietary, minimal infrastructure network, sensors and a cloud-based dashboard. By providing real-time, data-driven visibility into daily site operations and safety incidents, Spot-r is changing the way construction companies manage resources, information and risk. Triax develops intelligent, actionable solutions that address the complexities of an active job site, and it helps firms streamline processes and build safer and smarter.

The Travelers Companies, Inc. announced a collaboration with Gilbane and Triax Technologies to explore the potential safety benefits of wearable devices.

“Work-related injuries remain a significant source of exposure for contractors, and it’s a priority for us to find new ways to help them manage risk and keep workers out of harm’s way,” said Rick Keegan, President of Construction at Travelers. “This project will help us gain valuable data-driven insight, and we look forward to working with Gilbane and Triax to identify the best uses for wearable technology to help improve outcomes and employee safety.”

Travelers will review data collected from a variety of Triax’s Spot-r IoT devices, including those being used at a 60,000-square-foot, six-floor Gilbane construction site in New York City over 20 months. More than 130 employees will use the Spot-r ClipTM, an unobtrusive device worn on the worker’s waist belt. The Spot-r Clip enables faster response times to possible injuries by automatically detecting worker falls and providing supervisors with real-time notification of worker location and other safety incident details. The IoT device also includes a feature that allows workers to easily report hazards or incidents. On-site machinery will be fitted with the Spot-r EquipTagTM, which monitors equipment location and usage. Additionally, the site will have Spot-r EvacTagsTM, which allow managers to trigger high-decibel, highly visible emergency alarms to workers via a dashboard.

In 2016, Travelers created the Early Severity PredictorSM, an industry-first predictive model that identifies the likelihood of an injured employee developing chronic pain so that he or she can reduce the need for opioids or other painkillers during recovery.

The following year, the company launched ZoneCheckSM, a first-of-its-kind online tool to help contractors identify areas surrounding a job site that could be affected by vibrations from heavy equipment. Most recently, the company introduced a digital self-service tool, MyTravelers® for Injured Employees, which streamlines the workers compensation claim process.

Chiropractors and Cappers Charged in Phase II of OC Case

Four chiropractors and a capper were charged this week with insurance fraud in a massive multi-million dollar workers’ compensation insurance referral scheme that exploited persons in predominantly Spanish-speaking communities.

Last year, 10 attorneys and six cappers were charged as part of the same investigation. This is the second phase of filing resulting from a 4-year insurance fraud investigation by the Orange County District Attorney’s Office Bureau of Investigation, Insurance Fraud Unit.

Three defendants charged in Phase I of this investigation have pleaded guilty to participating in the unlawful referral scheme, with one pleading to multiple counts of insurance fraud. In 2014, the OCDA received a tip from a major insurance carrier and initiated an investigation in conjunction with CDI, which ultimately involved more than 20 insurance carriers and self-insured entities conducting business in California.

In 2005, Carlos Arguello III formed Centro Legal Internacional, an “advertising” company, and secured unlawful referral contracts with 20 to 40 workers’ compensation insurance and personal injury attorneys. Arguello required all participating attorneys to sign annual contracts entitled “joint advertising agreement.” Based on the contracts, the attorneys paid Arguello a specified monthly fee for procuring and delivering a minimum number of retained clients per month. Arguello used several names for his referral scheme, including Centro Legal Int’l, Justicia Legal Int’l, and Centro de Abogados Int’l.

He had websites created to advertise these legal services, including iwantmylawyernow.com, instantlawyeraccess.com, centrodeabogadosinternacional.com, uniondeabogadoslatinos.com, and unitedinjuryattorneys.com. Each website and advertisement offered a “free consultation” via an online consultation form or a toll-free number. The toll-free numbers for Centro Legal Int’l, Justicia Legal Int’l, and Centro de Abogados were all directed to a call center in Tijuana, Mexico.

Arguello also owned or was affiliated with other companies that he had the attorneys refer business to, including C & E Technology, Professional Document Management, and Providence Scheduling.

Edgar Gonzalez, another charged defendant in Phase I, is accused of paying attorneys for referral of business to his copy service company, called USA Photocopy, and billing the work to workers’ compensation insurance carriers.

The new Phase II involves Arguello’s call center operators and sign-up agents who were required to stress to the callers the importance of medical treatment to their workers’ compensation or personal injury case, encouraging them to show up to all appointments.

Once the caller agreed to become represented by an attorney from Arguello’s scheme, the “client” was then sold to Providence Scheduling, a service Fermin Iglesias is accused of owning and operating. Iglesias is accused of having arrangements with several chiropractors, including defendants Afsoun Naderi, Bahar Danesh Gharib, Bryan Aun, and John Larson, who are accused of paying Providence Scheduling for patients under the guise of a “Promotion and Scheduling Services Agreement.”

Iglesias is accused of directing these chiropractors to also prescribe durable medical equipment (DME) to their patients through his several DME companies, including Meridian Rehab, Bright Rehab Solutions, Prime Medical Resources, and Prime Orthopedics, all of which he billed to workers’ compensation insurance carriers.

Iglesias is further accused of requiring the chiropractors to refer all diagnostic imaging tests, such as MRI’s, through a scheduling company owned by Iglesias and Arguello called Medex Solutions.

The diagnostic facility owners are accused of paying Iglesias and Medex Solutions kickbacks disguised as “scheduling service” fees for each completed scan. All diagnostic services were billed to workers’ compensation insurance carriers.

Judge Reduces Monsanto Roundup Verdict

The school groundskeeper who won a jury trial against Bayer AG’s Monsanto unit over allegations that the company’s glyphosate-containing weed-killers caused his cancer, accepted a court-mandated reduced punitive damages award on Wednesday.

The decision by Dewayne Johnson, who sued Monsanto in 2016, brings the total award to $78 million, down from the jury’s verdict on Aug. 10 of $289 million – $39 million in compensatory and $250 million in punitive damages.

Johnson’s law firm said in a statement that he accepted the reduction “to hopefully achieve a final resolution within his lifetime.”

Judge Suzanne Bolanos of San Francisco’s Superior Court of California, who oversaw the trial, earlier this month affirmed the liability portion of the verdict, but ordered punitive damages to be slashed to concur with California and federal law.

Bayer denies allegations that glyphosate can cause cancer and said it will appeal the decision as the verdict was not supported by the evidence presented at trial.

The verdict, which marked the first such decision against Monsanto, wiped 10 percent off the value of the company and shares have since dropped nearly 30 percent from their pre-verdict value.

The company, which faces more than 8,700 U.S. lawsuits over glyphosate, says decades of scientific studies and real-world use have shown glyphosate to be safe for human use. It is likely that the workers’ compensation industry will end  up with some of thee claims.

Regulators around the world, including the U.S. Environmental Protection Agency, have found glyphosate was not a likely carcinogen to humans and approved the chemical, but the cancer unit of the World Health Organization in 2015 classified glyphosate as “probably carcinogenic to humans.”

The jury found the company’s glyphosate-containing RoundUp and Ranger Pro products responsible for causing Johnson’s non-Hodgkin’s lymphoma and said the company had failed to warn him and other consumers of the risks.

Johnson could decide whether to accept the reduction or face a new trial on the punitive damages portion.

His lawyers on Wednesday said they would challenge the amount of damages during Bayer’s appeal.