Posting Notices, New Hire Pamphlets & Claim Forms: No Changes For January 2010, New Regs Not Expected For Several Months
The Institute has received several inquiries asking if there are any revisions planned for the mandatory notices that are available from our online store. Last month, the governor signed SB 186, deleting the December 31, 2009 sunset date that would have eliminated the right of workers to predesignate a personal physician. As a result, no changes to our posting notices, new hire pamphlets or the DWC-1 claim form/Notice of Potential Eligibility are necessary at this time. CWCI will continue to distribute the 2009 versions of our pamphlets and posting notices, and the 7/1/04 version of the DWC-1 adopted by the state, and you may continue to use these materials after January 1, 2010.
Please note, however, that the Division of Workers’ Compensation continues to work on draft regulations that cover not only Medical Provider Network notices (CCR §§9767.3; 9767.6; 9767.8; 9767.12; and 9767.16), but the new hire pamphlets (CCR §9880), posting notices (CCR §§9881-9881.1), and the DWC-1 Claim Form and Notice of Potential Eligibility (CCR 10117.1-10118.1). The initial 45-day public comment period for the most recent draft of these regulations ended October 8, and a public hearing was held at that point. CWCI and others provided testimony that is now under review by the DWC.
The Division is likely to issue at least one more draft modifying the proposed regulations, and each subsequent draft will require a 15-day comment period before the regulations can be finalized and sent to the Office of Administrative Law (OAL). OAL is then expected to take 30 working days to review prior to approval.
As in the past, after the state has finalized its notice regulations, CWCI plans to produce our own copyrighted versions of the posting notice and new hire pamphlet in English and Spanish, as well as the 5-part DWC-1/NOPE and our informational pamphlet for injured workers, and will obtain the Administrative Director’s approval for updated versions as needed. Given the required timeframes for the regulatory process, however, it seems likely that changes to these notices will not be finalized for at least several more months. Furthermore, because of the time required to translate, print and deliver these materials, the Institute has recommended that DWC set an effective date that is at least 90 days after the regulations are adopted to allow claims organizations sufficient time to obtain and distribute updated materials.
CWCI will continue to monitor the development of these regulations and will keep you advised. In addition, once changes to the notices are finalized, the Institute will post the information on our website (www.cwci.org). In the meantime, if you need to reorder pamphlets, posting notices or claim forms, visit our online store at http://www.cwci.org/store.html.