HR Specialist: California Employment Law

California employers face more laws – and more chances to get sued – than in other states. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This California-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: California Employment Law and the free report you’ll get when you subscribe...

Rep. Susan Davis (D-Calif.) recently introduced a bill in the U.S. House of Representatives that would add mandatory coverage for second opinions on medical treatments under several laws, including the Employee Retirement Income Security Act (ERISA).

The Right to a Second Medical Opinion Act of 2009 would require employers to cover at least three sessions with an approved physician for the same cost to employees as a comparable visit with a primary participating provider.

If the bill passes, beneficiaries of group plans provided under the ERISA and individual plans through the Public Health Service Act would be able to get covered second opinions if the plan participant receives inconclusive, incomplete or ineffective information or treatment from a primary-care plan provider.

In those cases, beneficiaries would get full coverage for second opinions related to diagnoses, treatment plans, surgical procedures or medical-related therapy.

Under the bill, employers would have limited input on which health-care providers plan participants can seek out for a second opinion. Employers would be able to compel workers to seek their second opinions from in-plan physicians only if there is a qualified doctor within 50 miles of the worker’s home, and the doctor has an initial appointment available within no more than 30 days from the day the request was made.

The bill exempts health plans that are part of collective-bargaining agreements negotiated prior to the effective date of the bill.