Starting January 1, 2017 lien claimants must file a new declaration with every lien. As always, we're here to help you comply.
Starting January 1, 2017 lien claimants will need to file a new declaration with each NEW LIEN stating:
“Under penalty of perjury, that the dispute is not subject to an independent bill review and independent medical review under Sections 4603.6 and 4610.5, respectively, that the lien claimant satisfies one of the following:
(A) Is the employee’s treating physician providing care through a medical provider network.
(B) Is the agreed medical evaluator or qualified medical evaluator.
(C) Has provided treatment authorized by the employer or claims administrator under Section 4610.
(D) Has made a diligent search and determined that the employer does not have a medical provider network in place.
(E) Has documentation that medical treatment has been neglected or unreasonably refused to the employee as provided by Section 4600.
(F) Can show that the expense was incurred for an emergency medical condition, as defined by subdivision (b) of Section 1317.1 of the Health and Safety Code.
(G) Is a certified interpreter rendering services during a medical-legal examination, a copy service providing medical-legal services, or has an expense allowed as a lien under rules adopted by the administrative director.
Additionally, lien claimants shall have until July 1, 2017 to file a declaration for any lien claim filed before January 1, 2017, for expenses pursuant to subdivision (b) of Section 4903 that is subject to a filing fee under this Section. This covers liens filed between January 1, 2013 and December 31, 2016.
The DWC is creating a new electronic form that will be available January 1, 2017. It is unknown at this time if the declaration will require the lien claimant to check a box indicating which reason (A through G) is applicable to the lien, or if the declaration’s verbiage “satisfies one of the following” will be the only requirement.
EDEX Information Systems will provide programmatic updates within their filing system to address these issues by January 1, 2017. In the meantime, we can also help you identify those past liens affected by the declaration and allow you to batch upload the declaration for existing liens into EAMS with no filing cost.
Please give us a call at 209-223-3461 or email us at email@example.com for assistance.