THIS WEEK IN SACRAMENTO

Prepared by Norwood & Associates

February 27, 2026

 

Survey Shows Strong Support for Workers’ Comp Reform & Initiative

 

A survey released this week revealed that nearly 80 percent of California voters support Governor Schwarzenegger’s workers’ compensation reform package and would vote in favor of a ballot measure in November containing the reforms proposed by the Governor, if the Legislature failed to act. 

 

The survey was sponsored by the California Chamber of Commerce, the Workers’ Compensation Action Network (WCAN) and the Committee for Workers’ Compensation Reform and Accountability. 

 

Key findings of the survey included:

·      When asked to pick between two directions, 70 percent of voters believe the workers’ comp system is too expensive and costs must be reduced to make it more affordable, compared to only 19 percent who believe benefits are inadequate and should be increased.

·      Support for major elements of the Governor’s proposal is overwhelming, including the use of objective medical findings (90 percent), use of independent medical reviews (81 percent), prohibiting compensation when injuries are not primarily work related (80 percent), prohibiting chiropractors from making medical evaluations for which they are not qualified (75 percent), making sure that treatments are medically necessary (68 percent), limiting the circumstances in which lawsuits can be filed (66 percent), interpreting the laws equally between workers and employers (65 percent), and prohibiting workers from collecting benefits for pre-existing conditions (65 percent).

·      The only provision of the reform proposal that does not garner majority support is granting employers the right to select a physician, which 39 percent of voters support. However, this provision does not diminish the overall support for the proposal.

·      When told which groups support the measure (including Governor Schwarzenegger, the California Chamber of Commerce, school districts and insurance companies), and those who oppose it (including the California Labor Federation, physicians, attorneys and consumer groups), 64 percent of voters say they will vote in favor of the proposal while only 28 percent will oppose it.

The complete survey results are available at the WCAN website, www.fixworkerscompnow.com. 

 

 

Legislative Analyst’s Office Issues Workers’ Comp Report

 

The state’s Legislative Analyst Office (LAO), a nonpartisan review organization, released its review of the Committee for Workers’ Compensation Reform and Accountability Act’s initiative to reform California’s workers’ compensation system.  This is the initiative that is reportedly backed by Governor Schwarzenegger as well as the Small Business Action Committee, the Independent Business Coalition, and Grimmway Farms.

 

The report showed potential cost savings to state and local governments of several hundreds of millions of dollars, system-wide savings in the billions and increased business profits that could significantly boost state revenues. 

 

The LAO’s complete report is available on line at www.lao.ca.gov and www.reformworkerscomp.com.  

 

Garamendi, Vargas Introduce New Workers’ Comp Bill

 

California Insurance Commissioner John Garamendi and Assemblymember Juan Vargas (D-Chula Vista), chairman of the Assembly Insurance Committee, introduced yet another comprehensive workers’ compensation reform bill. 

 

Commissioner Garamendi and Assemblyman Vargas believe the bill, ABx4 15, has the potential to bridge the gap between labor and employers and to break down the obstacles currently slowing the passage of reform.  In addition, Assemblyman Vargas stated that the measure contains important elements that will help complete the overhaul of the system that began with the news laws he helped pass last year.

 

Some of the key provisions of the measure include:

 

·      Creating an independent medical examiner (IME) to resolve disputes over treatment in permanent, partial and total disability cases.

·      Requiring employers to deliver immediate benefits for injured workers and allowing the employer additional time - up to one year - to dispute claims.

·      Through the utilization of effective and efficient medical treatment, requiring physicians to use the descriptions and procedures of American Medical Association guidelines.

·      Collecting medical billing data to identify medical billing and treatment abuse by providers.

·      Making uninsured employers subject to felony charges, as opposed to the current misdemeanor charges.

·      Changing the system to encourage employees and employers to work toward returning injured workers to the job faster.

·      Adding two additional voting members to the State Compensation Insurance Fund Board and clarifying the Insurance Commissioner's authority over State Fund.

·      Addressing the irrational penalty structure on refused or delayed benefits.

·      Regulating minimum loss cost insurance rates to stabilize the market and pass through reform savings to policyholders.

·      Establishing a pilot program for qualifying carve-outs to integrate health and disability benefit delivery. 

 

Garamendi is strongly urging the passage of this measure by March 31, so that savings could be passed on to employers in July when he is scheduled to announce the advisory pure premium rate. 

 

Workers’ Comp Cleanup Bill Passes Committee

 

SBx4 9, the workers’ compensation cleanup measure sponsored by Senator Richard Alarcón (D-Van Nuys), passed the Senate Labor and Industrial Relations Committee this week with a vote of 5 to 2. 

 

The two “no” votes were both Republican members of the committee.  Their votes seemed to reflect the Administration’s position that they are not interested in half a loaf.  Instead, they want the cleanup bill to be a part of the larger workers’ compensation reform legislation.

 

SBx4 9 provides technical and clarifying amendments to last year’s workers’ compensation reform laws (AB 227/SB 228).  Specifically, the bill would restore the 100 percent user funding to the Department of Industrial Relations and change the Illness and Injury Prevention Program requirements for insurers, applying the law only to high experience employers and allowing insurer reviews to be done by in-house personnel.

 

The bill will be heard in the Senate Appropriations Committee next. 

 

Department of Insurance Issues Regulations Limiting Use of CLUE Reports

 

The California Department of Insurance issued emergency regulations this week which would significantly limit the use of CLUE reports and similar underwriting tools for property insurance coverage.

 

Among other things, the regulations would prohibit insurers and agents from making any adverse underwriting decisions based on losses or loss exposure.  Additionally, insurers would be required to show that a hazard or condition exists in the risk that bears both substantial relationship to the loss exposure and presents an increased risk of loss. 

 

Under the regulations, insurers would be prohibited from relying solely on information obtained from an insurance support organization, such as CLUE or A+, in the underwriting of property insurance.  The regulations would also prohibit insurers from basing adverse underwriting decisions on fully remedied or otherwise resolved losses, or on inquiries regarding coverage. 

 

The regulations will likely be submitted to the Office of Administrative Law (OAL) some time next week.  Once submitted, the OAL has up to 10 days to determine whether the Department has properly determined that the regulations are necessary, that they comply with legal standards and to take public comments. 

 

Bill Introductions

 

As reported last week, February 20th was the last day for bill introductions.  Introduced legislation must be in print for 30 days before being heard in a committee. 

 

Several bills were introduced late last week.  Many of the proposals are considered “spot bills,” meaning the original text is intended to “hold a spot” for later amendments on the same or related topics.  Among the introductions:

 

AB 2249 (Horton): This bill would require the Insurance Commissioner, on December 1 of each even-numbered year, after consultation with the insurance industry of this state, to file with the Legislature a report on insurance industry community investments in California.

 

AB 2316 (Chan): This bill would create the Senior Protection Fund in the Insurance Fund, and provide that the moneys deposited therein from a $1 fee levied against insurers based upon each life insurance or annuity policy issued or renewed to a resident of this state would be dedicated to protecting senior consumers of insurance products.  This bill would provide that the Insurance Commissioner shall distribute 50% of the funds within the department for senior consumer protection functions, as specified, and 50% of the funds to district attorneys for investigating and prosecuting senior financial abuse cases involving licensees and for other projects beneficial to senior insurance consumers.

 

AB 2369 (Correa): This bill would impose specified requirements on an unfair competition action brought on or after January 1, 2005, by a private person acting for the interests of the general public, which the bill would designate as a representative cause of action.  The bill would require that a representative cause of action be verified and accompanied by a statement under penalty of perjury attesting to specified information.  The bill would prohibit a private person acting for the interests of the general public from soliciting a settlement or resolution of an alleged act of unfair competition without first filing a complaint with the court. The bill would also require a licensing board to indicate whether its action against a licensee is intended as the exclusive and final enforcement remedy for the violation it alleges and would, subject to specified exceptions, require a court to strike representative cause of action based on such a designated action.  The bill would require a plaintiff who within a 6-month period filed one or more representative cause of actions against more than 20 defendants to notify each defendant and the court in which each action is pending and would require the court to schedule a class certification hearing and refer the matter to the Judicial Council for certification. 

 

AB 2371 (Bates): Existing law requires an attorney who contracts to represent a plaintiff on a contingency fee basis, in any case other than a contract for recovery of workers' compensation benefits, to provide specified information to the plaintiff at the time the contract is entered into. This bill would enact the Legal Consumers' Protection Act, which would require a contingency fee attorney to make certain disclosures and reports to a potential or existing client regarding (1) chances of success in the case, (2) estimated and actual attorney hours, (3) estimated fees, and (4) other fee information.  The act would prohibit an attorney, or his or her representative, from making unsolicited contact with a potential claimant for at least 45 days after an event resulting in personal injury or death that could give rise to a cause of action.  The act would also give the consumer the right to request an objective review of a contingency fee by a court or bar association committee, and to seek specified remedies against an attorney violating any of the above provisions.

 

AB 2384 (Nakano): This bill would require that any policy, contract, or certificate providing life insurance or any other annuity contract be filed with the commissioner before being marketed, issued, delivered, or used. Existing law provides that an insurer licensed to transact life insurance that fails to pay the proceeds of, or payments under, any policy of life insurance issued by it within 30 days after the death of the insured shall pay interest on the death proceeds left on deposit, as specified. This bill would make this provision applicable to insurers admitted to transact credit life insurance and accidental death insurance. This bill would provide that, in addition, policies of disability insurance that provide for death benefits, shall, as to those death benefits, also be subject to provisions that provide that an insurer that fails or refuses to pay the proceeds of, or payments under, any policy issued by it within 30 days after the date of death shall pay interest on death proceeds left on deposit with the insurer, as specified.

 

AB 2399 (Wiggins): This bill would prohibit an insurer from refusing to issue or renew a homeowners' policy based upon the breed of dog owned by the applicant or insured.  The bill would allow an insurer to consider a breed of dog when setting rates for a homeowners' policy if the rate charged is supported by actuarial data regarding the risk of loss posed by the particular breed, but would require that a specified discount be granted if the dog has passed the test for the American Kennel Club Canine Good Citizen certification.

 

AB 2427 (Samuelian): This bill would prohibit specified policies of insurance that are issued, amended, or renewed on or after January 1, 2005, from being canceled, and would prohibit an insurer from refusing to renew this policy, only on the grounds of the presence of mold if the policy contains an existing exclusion for payment of loss for that peril.

 

AB 2441 (Levine): This bill would prohibit an insurer from raising a policyholder's rates or changing a policyholder's classification based upon any claim filed by the policyholder that has not yet been paid, denied, or otherwise resolved. This bill would prohibit any physician or medical provider from being reimbursed for services rendered under the workers' compensation system unless the claim for reimbursement specifies both the date and time that each service was rendered by the physician or medical provider.

 

AB 2444 (Dutton): Existing law requires all insurers licensed to write and engaged in writing basic property insurance to establish the California FAIR Plan Association to formulate and administer the program serving this purpose. This bill would require the association to provide an annual report to the Legislature on policies in force and probable maximum losses in very high fire hazard severity zones.

 

AB 2490 (Maddox): Existing law provides that, in the case of commercial insurance coverages, if an applicant requires that insurance coverage be bound immediately for specified reasons, and the applicant cannot meet in person with the agent or broker to sign the disclosure form, the agent or broker may obtain the signature of the applicant within 5 days of binding coverage, provided that the applicant may cancel the insurance so placed within 5 days of receiving the disclosure form from the agent or broker. This bill would allow this procedure for immediately binding coverage to be used for any insurance coverage.

 

AB 2557 (Koretz): Existing law makes it a misdemeanor to act, offer to act, or assume to act in a capacity for which a license as an insurance agent, broker, solicitor, or life agent is required without being properly licensed to do so.  This misdemeanor is punishable by imprisonment of not more than 6 months in a county jail, a fine of not more than $1,000, or both that imprisonment and fine. This bill would make this unlicensed conduct punishable as a felony by 16 months, 2, or 3 years in the state prison, or by a fine of up to $10,000 dollars, or both that fine and imprisonment, or as a misdemeanor by imprisonment in a county jail of not more than one year, a fine of $1,000 or both that fine and imprisonment. This bill would also require an applicant or licensee to notify the commissioner in writing, within a specified period, when certain background information changes after the application has been filed or the license has been issued. This bill would, in addition, authorize the commissioner to make and serve an order rescinding approval for a provider who fails to comply with the commissioner's standards.  The bill would authorize the commissioner to impose penalties for failure to comply with the commissioner's standards.

 

AB 2604 (Pacheco): This bill would provide that unfair competition means acts occurring within the state that are a violation of a state or federal law or regulation.  The bill would prohibit a court from discriminating against a defendant in an unfair competition action based on its domicile, headquarters, or principal place of business being located in this state.  The bill would allow a person other than a government entity acting for the interests of itself, its members, or the general public to bring an action for unfair competition, or an injunction in an unfair competition action, only if it, its members, or a member of the general public suffered injury in fact and a loss of money or property as a result of the act of unfair competition.  The bill would require a person other than a government entity bringing an unfair competition action to comply with specified procedural requirements.  The bill would instead require an unfair competition action to be commenced within the time period specified for the violation or 3 years, whichever is shorter.

 

AB 2639 (Cox): Existing law requires that a title insurer obtain a certificate of authority from the Insurance Commissioner, and that an underwritten title company obtain a license from the commissioner, to conduct business relating to title insurance in the state. Existing law allows the commissioner, after a hearing, to suspend or revoke the certificate of authority of any title insurer or the license of any underwritten title company that, after 10 days' written notice from the commissioner, willfully fails to comply with specified regulatory provisions. This bill would, in addition, allow the commissioner, after notice and a hearing as described above, to restrict the certificate of authority of a title insurer or the license of an underwritten title company for willfully failing to comply with these provisions.

 

AB 2677 (Ridley-Thomas): This bill would require every insurer licensed to sell residential property insurance or personal auto insurance to maintain a toll-free telephone number available to consumers in the State of California, except as specified.  The bill would require each insurer to provide this toll-free telephone number to the Department of Insurance and to make this toll-free number available to the consumer by maintaining a listing in the toll-free telephone directory.  The toll-free number would either provide the caller with a quote for the requested insurance coverage or refer the caller to an insurer representative, insurance agent, or insurance broker who would provide a quote for the requested coverage.  This bill would provide that a violation of these provisions would be an unfair and deceptive act or practice in the business of insurance.

 

AB 2684 (Lieber): Existing law requires each insurer admitted to transact life insurance in the state that fails or refuses to pay the proceeds of any policy of life insurance within 30 days after the death of the insured to pay interest on the money payable, as specified, and to provide notice of that fact to the named beneficiaries. This bill would apply these provisions to disability insurance policies that provide for death benefits.

 

AB 2709 (Levine): This bill would require an insurance company or a surety company to notify the department upon the issuance, renewal, cancellation, or expiration of an automobile policy or bond issued by that company. The bill would require the notice to include specified information, would require it to be submitted by electronic means in a form developed by the department and would specify that the notice would satisfy the notification of financial responsibility requirements associated with renewal of the registration of a motor vehicle.

 

AB 2770 (Richman): This bill would require the administrative director, on or before

January 1, 2026, to establish a Qualified Workers' Compensation Physician (QWCP) certification program.  The bill would require every physician, as defined, who treats and evaluates injured workers, on or after January 1, 2026, to be certified by the administrative director as a QWCP physician.  It would exempt physicians who are qualified medical evaluators from the QWCP certification requirement, and would authorize the administrative director to waive this requirement. The bill would also require the administrative director, by January 1, 2006, to contract, to the extent permitted by state law, with a public or private university or policy institute in the state to develop evidence-based workers' compensation physician best practices guidelines and a system that would permit any QWCP to compare his or her utilization practices with those recommended in the treatment guidelines and with the utilization practices of the average QWCP in the state.

 

AB 2771 (Richman): This bill is a comprehensive workers’ compensation bill which includes provisions relating to collective bargaining agreements, dispute resolution, fraud, penalties, and the unreasonable delay of payments.

 

AB 2772 (Richman):  This bill is also a comprehensive workers’ compensation bill.  This bill includes provisions relating to qualified medical examiners, physicians, fee schedules, medical utilization schedules, treatment guidelines and permanent disability. 

 

AB 2780 (Maze): This bill, to the extent permitted by federal law, would require a federally recognized Indian tribe to secure the payment of compensation by securing from the director a consent to self-insure.

 

AB 2804 (Calderon): This bill would provide that, except as specified, all agreements affecting any residential construction contract that purport to indemnify the promisee against liability for all claims for actionable defects, or other damages to property, arising from the negligence or willful misconduct of the promisee or the promisee's agents, servants or independent contractors who are directly responsible to the promisee, or for defects in design furnished by those persons, are against public policy and are void and unenforceable. The bill would further provide that under any insurance contract for residential construction defects that names an additional insured, the duty to defend additional insured is limited to only those claims and causes of action that arise out of the named insured' s construction contract.  The bill would specify that in any action alleging construction defects, each type of defect claimed is a separate cause of action.  The bill would provide, however, that the unreasonable failure of an insurer to provide a defense to an additional insured shall be deemed a waiver of this provision.

 

AB 2866 (Nunez): Existing law provides that it is unlawful to make or cause to be made any knowingly false or fraudulent statement, whether made orally or in writing, of any fact material to the determination of the premium, rate, or cost of any policy of workers' compensation insurance, for the purpose of reducing the premium, rate, or cost of the insurance. This bill would specify that a statement made in writing includes one made electronically.

 

AB 2937 (Nation): Existing law requires the department to claim against the estate of any person who received benefits under the Medi-Cal program in an amount equal to the payments for the health care received or the value of the property received by any recipient from the decedent, with certain exceptions. This bill would require the department to claim against the estate of any decedent who, not more than 60 months prior to applying for long-term care benefits under the Medi-Cal program, purchased an annuity for the purpose of becoming eligible for Medi-Cal benefits and not for the provision of income.

 

AB 2962 (Pavley): Under existing law, under an open policy, the measure of indemnity in fire insurance is the expense to the insured of replacing the thing lost or injured in its condition at the time of the injury, the expense being computed as of the time of the commencement of the fire. This bill would compute the expense at the inception of the loss. In addition, the bill would provide that under an open policy that requires payment of actual cash value, the measure of recovery shall be determined as follows: (1) in case of total loss to the structure, the policy limit or the fair market value of the thing lost or injured, whichever is less or (2) in case of a partial loss to the structure, or the total loss to its contents, the amount it would cost the insured to repair, rebuild, or replace the thing lost or injured less a fair and reasonable deduction for physical depreciation, as specified, based upon its condition at the time of the injury or the policy limit, whichever is less.

 

AB 2985 (McCarthy): The Health Insurance Act of 2003 (SB 2, Chapter 673 of the

Statutes of 2003), which is the subject of a referendum to appear on the November 2, 2004, general election ballot, creates the State Health Purchasing Program, to be administered by the Managed Risk Medical Insurance Board.  Under that act, certain employers would be required to provide specified health care coverage to employees, and in the case of large employers, to dependents of employees, either by arranging for that coverage directly or through payment of a fee to the program for coverage through the program.  Employees and dependents of large employers would be required to be covered beginning January 1, 2026, while employees of certain medium employers would be required to be covered beginning January 1, 2026, subject to certain conditions. This bill would suspend the requirements otherwise imposed on employers pursuant to these provisions at any time that the Employment Development Department determines that the overall unemployment rate in the state has been at 7% or higher for at least 3 consecutive months.  The suspension would remain in effect for a minimum of 2 years, and would be lifted with one months' advance notice if the department determines that the overall unemployment rate in the state has been below 7% for the 3 consecutive months immediately prior to the date that the suspension is proposed to be terminated. This bill would provide that its provisions would become operative only if the voters, voting on the referendum on SB 2 (Chapter 673 of the Statutes of 2003), vote to approve that statute.

 

SB 1466 (Ortiz): This bill would repeal existing rate regulations.  Instead, the bill would require the commissioner to approve or issue as adequate for all admitted workers' compensation insurers a classification of risks and premium rates.  It would prohibit insurers from using rates lower than the approved rates. The bill would make related changes. The bill would provide that, notwithstanding the above provisions, if the commissioner declares that a state of crisis exists in the workers' compensation insurance market in California, he or she shall set required rates for each classification of risks.  It would require each insurer to conform its rates to those set by the commissioner.

 

SB 1474 (Escutia): This bill would prohibit an insurer from refusing to issue or renew a homeowners' policy on the basis of claims made by the applicant or insured unless the applicant has made 3 or more claims, as specified, within the preceding 3-year period.  It would prohibit an insurer from charging a surcharge to issue or renew a policy on the basis of claims unless this circumstance exists.  The bill would provide that certain types of claims may not be considered in determining the number of claims filed for the purposes of these provisions, and would specify claims with respect to which the prohibitions regarding refusals to issue or renew policies would not apply. The bill would provide that a nonrenewal based on the number of claims filed that is otherwise allowed under these provisions shall not be effective unless the insurer has provided to the insured a written notice containing specified information after the last claim.

 

SB 1496 (Romero): This bill would require a publicly traded corporation, insurance company and financial institution that is obligated to file a California corporate income or franchise tax return for taxable years beginning on or after January 1, 2004, to include in the entity's annual statement certain information from the California tax return, as specified.

 

SB 1500 (Speier): The bill would require each applicant for an original registration or a transfer of registration of a motor vehicle to also submit the described financial responsibility documents. This bill would delete the provisions making these financial responsibility requirements inapplicable, on or after January 1, 2026, in the County of Los Angeles or in the City and County of San Francisco. This bill, on and after July 1, 2026, would require, rather than authorize, the department to suspend, cancel, or revoke the registration under these circumstances. This bill, on and after January 1, 2006, would impose that requirement on each insurer, and would require, on or before July 1, 2005, each insurer to advise the department of the method to be used for reporting.  The bill would impose duties on the department in connection with this requirement and would specify the contents of the electronic reports.  The bill would also require specified electronic reports to be made within 45 days of a change (termination, amendments, or cancellations) of information previously reported on a policy or amendment, as specified by the department. The bill would require the department to determine satisfactory evidence as to specified alternative forms of financial responsibility.

 

SB 1582 (Bowen): This bill would make it an infraction for a person under 18 years of age to drive while using a wireless telephone. 

 

SB 1833 (Dunn): This bill would require a builder against whom a construction defect claim has been received to offer all other potentially responsible persons a joint cost sharing agreement.  The bill would specify the required contents and effect of that agreement, including the duty to indemnify other potentially responsible persons, and relief from specified legal responsibilities.  The bill would require the builder to select the defense counsel to represent all parties to the agreement, as specified, and would prohibit claimants from bringing an action directly against a party to the agreement other than the builder.  The bill would apply to all contracts between potentially responsible persons entered into after January 1, 2026.

 

SB 1839 (Figueroa): Existing law makes certain indemnity agreements contained in, or affected by, a construction contract void and unenforceable as against public policy to the extent that they purport to indemnify the promisee against liability for damages for death, or bodily injury, injury to property, or other loss or expense arising from his or her sole negligence or willful misconduct, or that of his or her agents, servants, or independent contractor, including defects in design provided by those persons, except as specified. This bill would revise and recast that provision to apply to damages arising in whole or in part from the negligence or willful misconduct of the indemnitee or his or her agents, servants, or independent contractors who are directly or indirectly responsible to the indemnitee, as well as to agreements to defend an indemnitee. The bill would also set forth related provisions.

 

SB 1855 (Alpert): Existing law requires the insurer, following the issuance or initial renewal of a residential property insurance policy, to provide the disclosure statement to the insured every other year. This bill would require that this disclosure statement include a cost comparison of each of the different categories of coverage offered by that insurer. It would require that the cost comparison state the premium that would be charged to the insured for each category of coverage if the insured were to opt for that category of coverage. This bill would allow a policyholder under a homeowners' insurance policy, within 30 days of the effective date of the policy, or any renewal thereof, to increase or decrease the limits of liability with respect to any residence covered under the policy based upon reasonable and supportable estimates of value or replacement cost. This bill would require that the declarations page or disclosure form provide an explanation of the basis for the determination of these limits, and advise the policyholder that he or she may increase or decrease the limits as described above. The bill would require that this information also be provided in writing to the insured whenever the limits of liability for the structure are changed.  The bill would provide that an insurer that fails to provide this notice is responsible for the accuracy of the replacement cost of the structure indicated in the limits of liability, and shall be liable for the full replacement cost of the structure in the event of a loss that exceeds the limits established by the insurer.

 

 

 

© 2004 Norwood & Associates

All Rights Reserved

[email protected]