Supplemental Lien Declaration required by health care plan?

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Supplemental Lien Declaration required by health care plan?

Postby LienExaminer on Mon Aug 14, 2017 9:45 am

Health Care Service plans, such as Blue Cross are exempt from paying the $150 filing fee, but are they also exempt from filing the Supplemental Lien Declaration? If so, where in the Labor Code or Regulations can I reference this? Any advise would be appreciated.

Thank you
LienExaminer
 
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Re: Supplemental Lien Declaration required by health care plan?

Postby mytwocents on Mon Aug 14, 2017 1:46 pm

Your best resource is usually the statute. Labor Code section 4903.05 says: "Lien claimants shall have until July 1, 2017, to file a declaration pursuant to paragraph (1) 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." So, if no filing fee was required, neither is the declaration. It's also in the regulations at 8 CCR section 10770.7. Additionally, the DWC has a wealth of information on its website concerning the declaration requirement.
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