Sacramento – Today, the Assembly Committee on Insurance passed AB 44 (Reyes, D-San Bernardino), after Committee amendments contrary to the original intent of the bill were forced to a vote. AB 44 would have ensured that employees or first responders who sustain physical or psychological injury as a result of an act of terrorism or violence in the workplace receive appropriate and timely treatment. With Committee amendments, the current inefficient system remains in place, and an ombudsman has instead been added to assist victims through the process. An ombudsman has already been used in the San Bernardino case with little positive outcome, according to testimony received at the hearing.
AB 44 was crafted in response to the survivors of the December 2nd, 2015 terrorist attack in San Bernardino after they continually faced added hurdles and constant delays in receiving care, medication and therapy through a process of worker’s compensation called Utilization Review. Utilization Review is the process by which employers or administrators use to determine if a course of treatment is medically necessary. At the hearing were Ray Britain and Sally Cardinale, two survivors of the attack that have been personally affected by Utilization Review and the barriers to care that it creates.
“My review was done by a registered nurse, someone who wasn’t even equally qualified as my doctor and had never even met me,” said Sally Cardinale in testimony during the hearing. “In theory, Utilization Review is used to determine the reasonableness of treatment…if our trauma is not in question, what is the purpose of putting us through Utilization Review?”
“The existing worker’s compensation system failed the survivors of the December 2nd attack causing delays and denials for critical medical treatment”, said Assemblymember Reyes. “These victims that suffered so much pain and violence have had their experiences reduced to numbers and statistics by the Utilization Review process.”
When asked if AB 44 was trying to circumvent the workers compensation process, Assemblymember Reyes replied that the terrorist attack was “so specific that it warrants special circumstances.” Mirroring that sentiment were many other members of the Committee who spoke out over concern that the Committee amendments completely changed the character of the bill. “Terrorist attacks don’t happen very often but I’d like to think that we’ll take care of the victims when they do” said Assemblymember Anna Caballero (D- Salinas) during the comment portion of the hearing.
To follow AB 44 which will be heard next in the Assembly Appropriations Committee, click here.
Assemblymember Eloise Gómez Reyes represents Assembly District 47 which includes the cities of Fontana, Rialto, Colton, Grand Terrace, San Bernardino and the unincorporated areas of Muscoy and Bloomington.
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