California Medical Provider Networks (MPN)
Understanding your rights to medical treatment under California Code of Regulations, Title 8, Sections 9767.1-9767.19 and Labor Code Section 4616.
What is a Medical Provider Network?
A Medical Provider Network (MPN) is a network of medical service providers established by employers or insurers to provide medical treatment for work-related injuries in California. Under Labor Code Section 4616, self-insured employers, workers' compensation insurers, or entities providing physician network services may establish an MPN.
An MPN must be approved by the California Division of Workers' Compensation (DWC) before it can be used. The MPN program became effective January 1, 2005. All employees of an employer using an approved MPN are required to receive medical treatment through the network for work injuries, with limited exceptions.
Who Can Establish an MPN?
Under California regulations, the following entities may establish a Medical Provider Network:
- Workers' compensation insurers
- Self-insured employers
- Joint powers authorities
- The State of California
- California Insurance Guarantee Association (CIGA)
- State Compensation Insurance Fund (SCIF)
- Groups of self-insured employers
- Entities that provide physician network services
MPNs are not mandatory - each eligible employer or insurer may decide whether to establish and use an MPN to treat employees' industrial injuries.
MPN Access Standards (CCR Section 9767.5)
California Code of Regulations, Title 8, Section 9767.5 establishes minimum access standards that all MPNs must meet:
Geographic Access Requirements
Primary Treating Physicians
30 minutes or 15 miles from employee's residence or workplace
- At least three (3) available primary treating physicians
- A hospital for emergency health care services
- Provider of all emergency health care services if separate from hospital
Specialists and Occupational Health Services
60 minutes or 30 miles from employee's residence or workplace
- Providers of occupational health services
- Specialists who can treat common injuries experienced by covered employees
- At least three (3) physicians of each specialty to treat common injuries
Appointment Timeframes
- First treatment visit (non-emergency): Within 3 business days after notifying employer of injury
- Specialist appointment: Within 20 business days following insurer's receipt of treatment request
Alternative Standards for Underserved Areas
If an MPN cannot meet these access standards due to a health care shortage in a geographic area (including rural areas where health facilities are located at least 30 miles apart), the MPN may propose alternative standards. These must be approved by the Administrative Director before use.
Your Right to Change Treating Physicians
Under CCR Section 9767.6(e), at any point after your initial medical evaluation with an MPN physician, you have the right to select a different physician of your choice from within the MPN.
Key Points About Changing Doctors
- You can change providers within the MPN for any reason
- The new provider you choose should be appropriate to treat your specific injury
- Your employer or insurer must provide you with access to the MPN provider directory
- You may request assistance from the MPN's medical access assistants to find a physician or schedule appointments
Predesignation Exception
Under Labor Code Section 4600(d), if you properly pre-designate a personal physician before an injury occurs, you can treat with that physician even if your employer has an established MPN. To pre-designate:
- You must have health coverage at the time of injury
- Your personal physician must agree to be pre-designated
- Pre-designation must be in writing before the injury
Second and Third Opinion Rights (CCR Section 9767.7)
If you disagree with your treating physician's diagnosis or treatment plan, you have the right to seek second and third opinions from other physicians within the MPN.
Second Opinion Process
- Notify your employer or insurer that you disagree with your treating physician's diagnosis or treatment (orally or in writing)
- Request a list of available MPN providers appropriate for your injury or specialty
- Select a second opinion physician from the provider list
- Schedule an appointment within 60 days of receiving the provider list
Important: If you do not make an appointment within 60 days, you will be deemed to have waived your right to a second opinion on this particular dispute.
Third Opinion Process
If you disagree with the second opinion physician's diagnosis or treatment recommendation, you may seek a third opinion following the same process:
- Notify your employer/insurer of your disagreement with the second opinion
- Select a third opinion physician from the MPN provider list
- Schedule an appointment within 60 days
Employer/Insurer Responsibilities
When you request a second or third opinion, your employer or insurer must:
- Provide a regional area listing of MPN providers and/or specialists
- Contact the treating physician and send necessary medical records to the opinion physician before the appointment
- Notify the opinion physician in writing that they have been selected
During the Opinion Process
While seeking second and third opinions, you are required to continue treatment with your current treating physician or another physician of your choice within the MPN.
MPN Independent Medical Review (IMR)
If you still disagree with the diagnosis or treatment after receiving a third opinion, you have the right to request an MPN Independent Medical Review under CCR Section 9768.9.
IMR Process
- At the time of the third opinion selection, your MPN Contact must notify you about the IMR process and provide an IMR Application form
- Complete and submit the Independent Medical Review Application
- When you receive the name of the Independent Medical Reviewer, schedule an appointment within 60 days
- The Independent Medical Reviewer must schedule an appointment within 30 days
Critical Deadline: If you fail to make an appointment with the Independent Medical Reviewer within 60 days, you will lose your right to an Independent Medical Review on this dispute.
Transfer of Care into an MPN (CCR Section 9767.9)
If you are being treated outside of an MPN for an occupational injury that occurred before the MPN's coverage, you may be entitled to continue treatment under certain conditions:
Conditions Allowing Continued Treatment Outside MPN
1. Acute Condition
A medical condition with sudden onset requiring prompt attention and lasting less than 90 days. Treatment continues for the duration of the acute condition.
2. Serious Chronic Condition
Completion of treatment authorized for up to one year to complete an approved course of treatment and arrange for transfer to an MPN provider.
3. Terminal Illness
An incurable condition with high probability of causing death within one year. Treatment continues for the duration of the illness.
4. Authorized Surgery or Procedure
A surgery or procedure authorized by the insurer/employer that has been documented and recommended to occur within 180 days from the MPN coverage effective date.
General Transfer Rule
If your condition does not meet one of the above categories, you may be transferred into the MPN for medical treatment, unless otherwise authorized by your employer or insurer.
Employee Notification Requirements (CCR Section 9767.12)
Employers and insurers are required to provide you with written notification about the MPN:
Required Notifications
- Initial notification when an injury is reported or when you are transferred into an MPN
- Implementation notice to all employees before implementing an approved MPN
- New hire notification at the time of hire
- Notification must be provided in English and Spanish (if employee primarily speaks Spanish)
Notification Must Include
- How to access initial and subsequent medical care
- How to contact medical access assistants for help finding physicians or scheduling appointments
- Description of transfer of care and continuity of care policies
- Information about second and third opinion rights
- Information about the MPN Independent Medical Review process
MPN Provider Directory Requirements
Under Labor Code Section 4616(a)(4)(A)(i), effective July 1, 2021, every MPN must:
- Maintain a website with a roster of all participating providers
- Include all physicians and ancillary service providers in the network
- Update the roster at least quarterly
- Ensure all listed physicians have valid and current California licenses
- Ensure ancillary providers have current valid licenses or certifications
Treatment Outside the MPN
In certain circumstances, you may be entitled to receive treatment outside the MPN:
- Access standard failure: If you cannot obtain reasonable and necessary treatment within the applicable access standards and required timeframes
- Predesignation: If you properly pre-designated your personal physician before the injury
- Emergency treatment: Emergency care is always covered regardless of MPN status
- Continuity of care: Under qualifying conditions when being transferred into an MPN
- Employer authorization: If your employer or insurer agrees to allow treatment outside the MPN
The MPN must have a written policy permitting treatment outside the network when access standards cannot be met.
Telehealth Services in MPNs
California regulations address telehealth services within Medical Provider Networks:
- If you consent to telehealth services, telehealth-only physicians count toward the MPN's access standards
- If you do not consent or withdraw consent to telehealth before treatment, the telehealth physician does not count toward access standards
- You have the right to choose between in-person and telehealth appointments when both are available
Key Legal References
Medical Provider Networks in California are governed by:
Labor Code
- Labor Code Section 4616 - Establishment of MPNs
- Labor Code Section 4616.2 - Continuity of care
- Labor Code Section 4616.3 - Second and third opinions
- Labor Code Section 4600(d) - Predesignation of physician
California Code of Regulations, Title 8
- Section 9767.1 - MPN Definitions
- Section 9767.3 - MPN Plan Requirements
- Section 9767.5 - Access Standards
- Section 9767.6 - Treatment and Change of Physicians Within MPN
- Section 9767.7 - Second and Third Opinions
- Section 9767.9 - Transfer of Ongoing Care into MPN
- Section 9767.12 - Employee Notification
- Section 9768.9 - MPN Independent Medical Review
Having Problems with Your MPN?
If you are experiencing issues with your Medical Provider Network - such as difficulty accessing appropriate physicians, delays in treatment, or disputes about your diagnosis or treatment - an experienced workers' compensation attorney can help protect your rights.
Attorney Nathan Howser provides free consultations to injured workers throughout California.
Sources
- California Division of Workers' Compensation - Medical Provider Network
- DWC Frequently Asked Questions about MPNs
- California Code of Regulations, Title 8, Section 9767.5 - Access Standards
- California Code of Regulations, Title 8, Section 9767.7 - Second and Third Opinions
- California Code of Regulations, Title 8, Section 9767.9 - Transfer of Ongoing Care
- California Code of Regulations, Title 8, Section 9767.12 - Employee Notification
- California Labor Code Section 4616