Important changes to the Copy Service Fee Schedule for subpoenaed records goes into effect July 15, 2022. Claim administrators should be aware that newly enacted Title 8, California Code of Regulations, § 9981(e) requires bills be “paid or contested within thirty days of receipt. If a bill is not paid within this period, then the unpaid portion of the billed sum will be increased by 25 percent.” The State of California’s Department of Industrial Relations’ June 16, 2022 Newsline Release classifies the increase as a “surcharge for late payment,” which was “added to the schedule to incentivize prompt payment.”

Another notable change is the increase in the flat rate charge for an initial set of records from $180 to $230.

While most of the changes result in an increase in copy service fees, there is some good news for claim administrators when it comes to records ordered from the Employment Development Department (EDD) or from the Workers’ Compensation Insurance Rating Bureau. Costs for these records under the prior fee schedule were $20 and $30, respectively. These costs have notably been removed as line items on the schedule going into effect July 15, 2022.

The cost for an additional set of records has also changed. An additional set of records ordered within thirty (30) days previously cost $5, with an increase to $30 after thirty (30) days. The new regulations streamline the cost for an additional set of records to the flat rate of $10 – regardless of when the additional records are ordered.

Changes to allowable services under § 9982 will also provide some relief to claim administrators. Subdivision (e) was amended to include additional protections against liability for payment of:

(4) Charges for records submitted to the Independent Medical Review Organization (IMRO) for independent medical review, where the submitted records are already in the possession of the injured worker or the injured worker’s representative, or are duplicative of those submitted to the IMRO by the claims administrator.

(5) Charges for services related to, or cancellation of, a subpoena for records in the employer’s, claims administrator’s, or workers’ compensation insurer’s possession, with an order quashing the subpoena. (emphasis added)

(6) More than four (4) Certificates of No Record (CNR) on a claim with dates of service on or after July 15, 2022.

Fees for Certificates of No Records and subpoenas cancelled before the production of records remain unchanged at $75.

Reminder: The old fee schedule applies to all dates of service prior to July 15, 2022, so remember to confirm the date of service before issuing payment.

This is the first time the Office of Administrative Law approved an update of the Copy Service Fee Schedule since it first went into effect on July 1, 2015.

Have a copy service fee question or a copy service lien you would like our firm to handle? Click here.