Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The reasonable
maximum rates payable for copy and related services, for dates of service on
and after July 15, 2022, are as follows:
(1) A
$230.00 flat rate, for an initial set of records, from a single custodian of
records, which includes, but is not limited to, mileage, postage, pickup and
delivery, phone calls, repeat visits to the record source and records locators,
page numbering, witness costs for delivery of records, check costs, costs
charged by a third party for the retrieval and return of records held offsite
by the third party, service of the subpoena, shipping and handling, and
subpoena preparation.
(2) $75.00 in
the event of cancellation after a subpoena or request for records by
authorization has been issued but before records are produced, or for a
Certificate of No Record (CNR). The claims administrator will not be liable for
bills submitted under this subdivision unless:
(A) The bill submitted for cancellation
includes a copy of the request for records containing the date of the request
and identity of the requesting party, and a copy of the cancellation order
containing the date of cancellation and identity of the cancelling
party.
(B) The bill submitted for
CNR includes a copy of the request for records containing the date of the
request and identity of the requesting party, and a copy of the CNR containing
the date of the certificate.
(b)
(1)
Release of information (ROI) services of witness costs for the retrieval and
return of physical records held offsite by a third party are included in the
flat rate in subdivision (a)(1). ROI services of witness costs for retrieval
and return of physical records held offsite by a third party are governed by
Evidence Code section 1563.
(2)
Third-party ROI services that represent deponents or witnesses who are
compelled to produce documents for a deposition, records-only deposition, or
trial conducted as part of any workers' compensation claim shall be paid a flat
rate of $35.00, inclusive of the witness costs and all services provided by the
third-party ROI service, when records are produced, or a flat rate of $15.00,
inclusive of the witness costs and all services provided by the third-party ROI
service, when a CNR is produced. Third-party ROI services representing
deponents or witnesses shall accept electronic service of all deposition
notices and requests, including subpoenas and witness costs. Third-party ROI
services shall electronically provide the records or certificates, including
all affidavits required by Evidence Code section 1561, to the requesting party
or their representative. These rates are included in the flat rate in
subdivision (a)(1).
(c)
In addition to the flat rate allowed in subdivision (a)(1), the following
separate rates may be charged:
(1) For paper
copies, ten cents ($0.10) per page if the document is over 500 pages.
(2) $10.00 for each additional set of
records. If the injured worker requests an additional set of records, the
claims administrator is liable for one additional set of records. All other
additional sets of records are payable by the party ordering the additional
set.
(3) X-rays and scans are
$10.26 per sheet, and $3.00 for electronic storage media of X-rays and
scans.
(4) Applicable sales
tax.
1. New
section filed 6-15-2022; operative 7-15-2022. Exempt from the APA and OAL
review pursuant to Government Code section 11340.9(g). Submitted to OAL for
filing and printing only pursuant to Government Code section 11343.8 (Register
2022, No. 24).
Note: Authority cited: Section 5307.9, Labor Code.
Reference: Section 5307.9, Labor Code; and Section 1563, Evidence
Code.