CNS March 2023 Legislation Update – Steve Cattolica
Please read below on the following Bills we are following in the interest of all neurologists practicing in California
CNS Co-sponsors SB 636 (Cortese)
Senator Cortese is Chair of the policy committee that debates and then votes on bills dealing with insurance and employee relations issues – specifically workers compensation issues. Through the efforts of both the Union of American Physicians and Dentists (UAPD), a group our own Dr. Bob Weinmann served as President, and The American Federation of State, County and Municipal Employees (AFSCME), Senator Cortese has authored SB 636. SB 636 is a bill that will require Duty of Care and a California medical license be the law of the land for all utilization review physicians in our workers compensation system. For the first time since utilization review became part of California’s work comp system, the oversight of utilization review physicians will be the same whether the individual is hurt at work or not.
The California Supreme Court in the case, King v CompPartners made a special point to urge the Legislature to realize “the workers’ compensation system and the utilization review process in particular, may not be working as the Legislature intended.” It later repeated the request by writing, “The limited record here raises doubts as to whether King’s utilization review was handled properly. The Legislature may wish to examine whether the existing safeguards provide sufficient incentives for competent and careful utilization review.” SB 636 will right the wrong and the blatant lack of accountability that nearly killed Mr. King when an out of state UR physician cut off his medications with no warning or contingency plan…and no way in current law to hold that doctor accountable.
The CNS co-sponsors SB 636 along with the UAPD. CNS will be reaching out to members and others in the medical community (CMA supports the bill as well) to urge their representatives to vote aye on SB 636.
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CNS Sponsors AB 734 (McCarty)
Assembly Bill 734 by Assemblymember Kevin McCarty (Sacramento) will restrict youngsters 12 and under, from playing organized tackle football because of the increased propensity to TBIs at that age.
In its sponsorship letter to Assemblymember McCarty, CNS makes the point that, “Compared to other sports for youth, tackle football is associated with the highest incidence of so-called “mild” traumatic brain injury (mTBI). A child who plays tackle football is likely to sustain 23 times more significant head impacts (concussions) than a child who plays flag or “touch” football. Concussion symptoms, while seemingly mild in some cases, are overt signs of brain injury.”
CNS goes on to comment that, “The National Football League (NFL) itself protects its players with multimillion dollar padding systems, artificial intelligence analytics and even requires flag football be played in its final event each year, the “Pro Bowl.”
Granted the pros are grown adults, but safety has become a driving force in this, one of the most violent and injury-prone of sports. There’s a lot of money at stake in the pro game….and many, many past players are paying a horrific price, and much is now known about why.
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SB 357 (Portantino) –
CNS has written a letter to Senator Portantino in support of SB 357 which would change California’s mandated reporting of any condition characterized by loss of consciousness or motor control regardless of whether the condition is currently under medical control, truly represents a threat to safe driving or is judged by the reporting physician to be in the best interest of the patient or public safety.
The bill reflects the fact there is no evidence of an increase in traffic accidents related to this policy difference. In fact, mandatory reporting has been shown to result in more patients with seizures driving without a license and expressing reluctance to inform their physicians if they do have a seizure.
Successful passage of this bill will reinforce implicit trust in the doctor-patient relationship and removes the unsubstantiated requirement of doctors to report. The CNS position for voluntary rather than mandatory reporting is in kind with both the American Academy of Neurology and California Medical Association in favoring voluntary vs mandatory reporting.
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CNS support has been formally requested by Dr. Steven Holtz for SB 652 (Umberg). Senator Umberg’s bill is sponsored by the Consumer Attorneys of California (CAOC), the professional association for plaintiffs’ attorneys.
Their bill will codify longstanding law regarding the proper standard for expert witness testimony. CAOC has asked the CNS for a letter in support of the bill at its first opportunity.
The fact sheet states that at the present time, because of a faulty court finding in August 2022, a two-tier definition of “expert witness” has evolved. Since expert witness testimony can be the basis to grant or deny TBI benefits (for example), two different definitions of “expert” - a stricter one for plaintiffs than the defense –would likely yield a finding in the plaintiff's favor. In other words, the defense and plaintiff are held to two different definitions of "expert witness." The result grants the defense the upper hand.
Of course, TBI is not the only injury that might be involved in such a lawsuit, and it may not be involved at all sometimes. CAOC is seeking CNS support because TBI would be an injury where a neurologist might certainly be considered an expert.
Doctor Holtz presented the AAN course on testimony by medical experts for 5 years and sees the importance of supporting an even playing field.
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CNS is also considering a position on AB 387 (Aguiar-Curry)
AB 387 would amend the Health and Safety Code by expanding the number of members serving on the Alzheimer’s Disease and Related Disorders Advisory Committee from 14 to at least 21, but not more than 25, members. The bill would also specify the qualifications of certain members on the committee. The bill would revise (expand) references to Alzheimer’s disease to include related disorders.
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