Colorado 2022 Regular Session

Colorado House Bill HB1347 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0920.01 Yelana Love x2295
1	8		HOUSE BILL 22-1347
2		-	BY REPRESENTATIVE(S) Daugherty, Bacon, Bernett, Bird, Boesenecker,
3		-	Duran, Exum, Gonzales-Gutierrez, Gray, Herod, Jodeh, Lindsay, Mullica,
4		-	Titone, Weissman, Woodrow, Hooton, McCluskie, Michaelson Jenet,
5		-	Ricks, Sirota;
6		-	also SENATOR(S) Rodriguez, Danielson, Gonzales, Hinrichsen, Lee,
7		-	Moreno, Pettersen, Story.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Business, Labor, & Technology
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING WORKERS' COMPENSATION, AND, IN CONNECTION THEREWITH,
10		-	INCREASING FUNERAL BENEFITS, ALLOWING FOR ADVANCE MILEAGE
11		-	EXPENSE PAYMENTS
12		-	, ADDRESSING THE PAYMENT OF SCHEDULED
13		-	RATINGS
14		-	, AND REQUIRING REPORTING OF CERTAIN ACTIVE MEDICAL
15		-	TREATMENTS
16		-	.
17		-
18		-	Be it enacted by the General Assembly of the State of Colorado:
19		-	SECTION 1. In Colorado Revised Statutes, 8-42-101, amend (7)
20		-	as follows:
21		-	8-42-101. Employer must furnish medical aid - approval of plan
22		-	- fee schedule - contracting for treatment - no recovery from employee
23		-	- medical treatment guidelines - accreditation of physicians and other
24		-	medical providers - mileage reimbursement - rules - definition - repeal.
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. (7) (a) EXCEPT AS PROVIDED IN SUBSECTIONS (7)(b) AND (7)(c) OF THIS
33		-	SECTION
34		-	, a claimant must submit a request for mileage expense
35		-	reimbursement for travel reasonably necessary and related to obtaining
36		-	compensable treatment, supplies, or services specified in subsection (1)(a)
37		-	of this section to the employer or, if insured, to the employer's insurer no
38		-	later than one hundred twenty days after the date the expense is incurred,
39		-	unless good cause for a later submission is shown. Good cause includes a
40		-	failure by the employer or employer's insurer to provide the notice in the
41		-	brochure required by section 8-43-203 (3)(c)(IV). Within thirty days after
42		-	the date the claimant submits the request for mileage expense
43		-	reimbursement, the employer or employer's insurer shall pay the mileage
44		-	expenses or, if denying the request, provide written notice to the claimant
45		-	stating the reason the request was denied.
	13	+	ONCERNING WORKERS ' COMPENSATION , AND, IN CONNECTION101
	14	+	THEREWITH, INCREASING FUNERAL BENEFITS , ALLOWING FOR102
	15	+	ADVANCE MILEAGE EXPENSE PAYMENTS , ADDRESSING THE103
	16	+	PAYMENT OF SCHEDULED RATINGS , AND REQUIRING REPORTING104
	17	+	OF CERTAIN ACTIVE MEDICAL TREATMENTS .105
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill amends the "Workers' Compensation Act of Colorado" by:
	26	+	! Creating a process for a claimant to receive advance
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	April 29, 2022
	30	+	SENATE
	31	+	Amended 2nd Reading
	32	+	April 28, 2022
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	April 18, 2022
	36	+	HOUSE
	37	+	2nd Reading Unamended
	38	+	April 14, 2022
	39	+	HOUSE SPONSORSHIP
	40	+	Daugherty, Bacon, Bernett, Bird, Boesenecker, Duran, Exum, Gonzales-Gutierrez, Gray,
	41	+	Herod, Jodeh, Lindsay, Mullica, Titone, Weissman, Woodrow
	42	+	SENATE SPONSORSHIP
	43	+	Rodriguez, Danielson, Gonzales, Hinrichsen, Lee, Moreno, Pettersen, Story
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	46	+	Dashes through the words indicate deletions from existing statute. payment for mileage expenses for travel that is reasonably
	47	+	necessary and related to obtaining compensable treatment,
	48	+	supplies, or services;
	49	+	! Specifying how to determine the benefit amount for
	50	+	medical impairment when the amount payable using the
	51	+	schedule of injuries would exceed the amount payable for
	52	+	nonscheduled injuries;
	53	+	! Increasing the benefit payable for funeral and burial
	54	+	expenses; and
	55	+	! Requiring reporting of active medical treatments necessary
	56	+	to cure and relieve an injury lasting for a period of more
	57	+	than 180 calendar days after the date of the injury.
	58	+	Be it enacted by the General Assembly of the State of Colorado:1
	59	+	SECTION 1. In Colorado Revised Statutes, 8-42-101, amend (7)2
	60	+	as follows:3
	61	+	8-42-101. Employer must furnish medical aid - approval of4
	62	+	plan - fee schedule - contracting for treatment - no recovery from5
	63	+	employee - medical treatment guidelines - accreditation of physicians6
	64	+	and other medical providers - mileage reimbursement - rules -7
	65	+	definition - repeal. (7) (a) E
	66	+	XCEPT AS PROVIDED IN SUBSECTIONS (7)(b)8
	67	+	AND (7)(c) OF THIS SECTION, a claimant must submit a request for mileage9
	68	+	expense reimbursement for travel reasonably necessary and related to10
	69	+	obtaining compensable treatment, supplies, or services specified in11
	70	+	subsection (1)(a) of this section to the employer or, if insured, to the12
	71	+	employer's insurer no later than one hundred twenty days after the date13
	72	+	the expense is incurred, unless good cause for a later submission is14
	73	+	shown. Good cause includes a failure by the employer or employer's15
	74	+	insurer to provide the notice in the brochure required by section 8-43-20316
	75	+	(3)(c)(IV). Within thirty days after the date the claimant submits the17
	76	+	request for mileage expense reimbursement, the employer or employer's18
	77	+	insurer shall pay the mileage expenses or, if denying the request, provide19
	78	+	1347-2- written notice to the claimant stating the reason the request was denied.1
46	79		(b) W
47		-	ITHIN SEVEN DAYS AFTER THE DATE OF RECEIPT OF A
48		-	CLAIMANT
49		-	'S WRITTEN REQUEST FOR ADVANC E MILEAGE EXPENSES FOR
50		-	TRAVEL THAT IS REASONABLY NECESSARY AND RELATED TO OBTAINING
51		-	COMPENSABLE TREATMENT
52		-	, SUPPLIES, OR SERVICES SPECIFIED IN
53		-	SUBSECTION
54		-	(1)(a) OF THIS SECTION AND REQUIRES ROUND -TRIP TRAVEL
55		-	GREATER THAN ONE HUNDRED MILES
56		-	, THE EMPLOYER OR THE EMPLOYER 'S
57		-	INSURER SHALL PAY THE ADVANCE MILEAGE EXPENSES OR
58		-	, IF DENYING THE
59		-	REQUEST
60		-	, PROVIDE WRITTEN NOTICE TO THE CLAIMANT STATING THE REASON
61		-	THE REQUEST WAS DENIED
62		-	.
	80	+	ITHIN SEVEN DAYS AFTER THE DATE OF RECEIPT OF A2
	81	+	CLAIMANT'S WRITTEN REQUEST FOR ADVANCE MILEAGE EXPENSES FOR3
	82	+	TRAVEL THAT IS REASONABLY NECESSARY AND RELATED TO OBTAINING4
	83	+	COMPENSABLE TREATMENT , SUPPLIES, OR SERVICES SPECIFIED IN5
	84	+	SUBSECTION (1)(a) OF THIS SECTION AND REQUIRES ROUND -TRIP TRAVEL6
	85	+	GREATER THAN ONE HUNDRED MILES , THE EMPLOYER OR THE EMPLOYER'S7
	86	+	INSURER SHALL PAY THE ADVANCE MILEAGE EXPENSES OR , IF DENYING8
	87	+	THE REQUEST, PROVIDE WRITTEN NOTICE TO THE CLAIMANT STATING THE9
	88	+	REASON THE REQUEST WAS DENIED .10
63	89		(c) I
64		-	F ADVANCE MILEAGE EXPENSE PAYMENT IS MADE PURSUANT TO
65		-	THIS SUBSECTION
66		-	(7), AND THE SPECIFIC TRAVEL FOR WHICH PAYMENT WAS
67		-	PROVIDED DOES NOT OCCUR
68		-	, THE EMPLOYER OR , IF INSURED, THE
69		-	EMPLOYER
70		-	'S INSURER IS ENTITLED TO A CREDIT IN THE AMOUNT OF THE
71		-	PAYMENT TO BE APPLIED AGAINST LIABILITY FOR ANY FUTURE MILEAGE
72		-	EXPENSE REIMBURSEMENTS
73		-	.
74		-	SECTION 2. In Colorado Revised Statutes, 8-42-107, amend
75		-	(1)(b), (8)(a), and (8)(c.5); and add (7)(b)(IV) as follows:
76		-	8-42-107. Permanent partial disability benefits - schedule -
77		-	medical impairment benefits - how determined. (1) Benefits available.
78		-	(b) When an injury results in permanent medical impairment and the
79		-	employee has an injury or injuries not
80		-	LISTED on the schedule specified in
81		-	subsection (2) of this section, the employee shall be
82		-	IS limited to medical
83		-	impairment benefits as specified in subsection (8) of this section,
84		-	EXCEPT
85		-	PAGE 2-HOUSE BILL 22-1347 AS PROVIDED IN SUBSECTION (7)(b)(IV) OF THIS SECTION.
	90	+	F ADVANCE MILEAGE EXPENSE PAYMENT IS MADE PURSUANT11
	91	+	TO THIS SUBSECTION (7), AND THE SPECIFIC TRAVEL FOR WHICH PAYMENT12
	92	+	WAS PROVIDED DOES NOT OCCUR , THE EMPLOYER OR, IF INSURED, THE13
	93	+	EMPLOYER'S INSURER IS ENTITLED TO A CREDIT IN THE AMOUNT OF THE14
	94	+	PAYMENT TO BE APPLIED AGAINST LIABILITY FOR ANY FUTURE MILEAGE15
	95	+	EXPENSE REIMBURSEMENTS .16
	96	+	SECTION 2. In Colorado Revised Statutes, 8-42-107, amend17
	97	+	(1)(b), (8)(a), and (8)(c.5); and add (7)(b)(IV) as follows:18
	98	+	8-42-107. Permanent partial disability benefits - schedule -19
	99	+	medical impairment benefits - how determined. (1) Benefits20
	100	+	available. (b) When an injury results in permanent medical impairment21
	101	+	and the employee has an injury or injuries not
	102	+	LISTED on the schedule22
	103	+	specified in subsection (2) of this section, the employee shall be
	104	+	IS limited23
	105	+	to medical impairment benefits as specified in subsection (8) of this24
	106	+	section,
	107	+	EXCEPT AS PROVIDED IN SUBSECTION (7)(b)(IV) OF THIS SECTION.25
86	108		(7) (b) (IV) W
87		-	HEN AN EMPLOYEE SUSTAINS AN INJURY ON THE
88		-	SCHEDULE OF INJURIES LISTED IN SUBSECTION
89		-	(2) OF THIS SECTION THAT
90		-	MAY ALSO BE COMPENSATED AS SPECIFIED IN SUBSECTION
91		-	(8) OF THIS
92		-	SECTION
93		-	, IF THE AMOUNT OF COMPENSATION FOR MEDICAL IMPAIRMENT
94		-	WHEN USING THE SCHEDULE OF INJURIES IN SUBSECTION
95		-	(2) OF THIS SECTION
96		-	WOULD BE GREATER THAN THE NONSCHEDULED IMPAIRMENT BENEFITS IN
97		-	SUBSECTION
98		-	(8) OF THIS SECTION, THEN THE EMPLOYEE IS ENTITLED TO THE
99		-	COMPENSATION SPECIFIED IN SUBSECTION
100		-	(2) OF THIS SECTION.
101		-	(8) Medical impairment benefits - determination of MMI for
102		-	scheduled and nonscheduled injuries. (a) When an injury results in
103		-	permanent medical impairment not set forth in the schedule in subsection
104		-	(2) of this section, the employee shall be
105		-	IS limited to medical impairment
	109	+	HEN AN EMPLOYEE SUSTAINS AN INJURY ON THE26
	110	+	SCHEDULE OF INJURIES LISTED IN SUBSECTION (2) OF THIS SECTION THAT27
	111	+	1347
	112	+	-3- MAY ALSO BE COMPENSATED AS SPECIFIED IN SUBSECTION (8) OF THIS1
	113	+	SECTION, IF THE AMOUNT OF COMPENSATION FOR MEDICAL IMPAIRMENT2
	114	+	WHEN USING THE SCHEDULE OF INJURIES IN SUBSECTION (2) OF THIS3
	115	+	SECTION WOULD BE GREATER THAN THE NONSCHEDULED IMPAIRMENT4
	116	+	BENEFITS IN SUBSECTION (8) OF THIS SECTION, THEN THE EMPLOYEE IS5
	117	+	ENTITLED TO THE COMPENSATION SPECIFIED IN SUBSECTION (2) OF THIS6
	118	+	SECTION.7
	119	+	(8) Medical impairment benefits - determination of MMI for8
	120	+	scheduled and nonscheduled injuries. (a) When an injury results in9
	121	+	permanent medical impairment not set forth in the schedule in subsection10
	122	+	(2) of this section, the employee shall be IS limited to medical impairment11
106	123		benefits calculated as provided in this subsection (8),
107		-	EXCEPT AS PROVIDED
108		-	IN SUBSECTION
109		-	(7)(b)(IV) OF THIS SECTION. The procedures for
110		-	determination of maximum medical improvement set forth in paragraph (b)
111		-	of this subsection (8) shall be SUBSECTION (8)(b) OF THIS SECTION ARE
112		-	available in cases of injuries set forth in the schedule in subsection (2) of this section and also in cases of injuries that are not set forth in said schedule.
113		-	(c.5) When an injury results in the total loss or total loss of use of
114		-	an arm at the shoulder, a forearm at the elbow, a hand at the wrist, a leg at
115		-	the hip or so near thereto as to preclude the use of an artificial limb, the loss
116		-	of a leg at or above the knee where the stump remains sufficient to permit
117		-	the use of an artificial limb, a foot at the ankle, an eye, or a combination of
118		-	any such losses, the benefits for such loss shall be determined pursuant to
119		-	this subsection (8),
120		-	EXCEPT AS PROVIDED IN SUBSECTION (7)(b)(IV) OF THIS
121		-	SECTION
122		-	.
123		-	SECTION 3. In Colorado Revised Statutes, amend 8-42-123 as
124		-	follows:
125		-	8-42-123. Funeral and burial expenses. (1) When, as a proximate
126		-	result of an injury, death occurs to an injured employee, there shall be paid
127		-	in one lump sum within thirty days after death a sum not to exceed seven
128		-	thousand TWELVE THOUSAND FIVE HUNDRED dollars for reasonable funeral
129		-	and burial expenses. Said sum may be paid to the undertaker, cemetery,
130		-	PAGE 3-HOUSE BILL 22-1347 PERSON PROVIDING FUNERAL OR BURIAL SERVICES or any other person who
131		-	has paid the funeral and burial costs. if the director so orders. If the
132		-	employee leaves no dependents, compensation shall be IS limited to said
133		-	sum and the compensation if any, which has THAT MAY HAVE accrued to
134		-	date of death and OR BEEN PAID TO THE DECEASED EMPLOYEE DURING THE
135		-	DECEASED EMPLOYEE
136		-	'S LIFETIME FOR DISABILITY; the medical, surgical, and
137		-	hospital expenses provided in articles 40 to 47 of this title
138		-	TITLE 8; AND ANY
139		-	AMOUNT OR PAYMENT DUE UNDER SECTION
140		-	8-46-101. If the deceased
141		-	employee leaves dependents, said sum shall be paid in addition to all other
142		-	sums of compensation provided for in this article
143		-	ARTICLE 42.
	124	+	EXCEPT AS12
	125	+	PROVIDED IN SUBSECTION (7)(b)(IV) OF THIS SECTION. The procedures for13
	126	+	determination of maximum medical improvement set forth in paragraph
	127	+	14
	128	+	(b) of this subsection (8) shall be SUBSECTION (8)(b) OF THIS SECTION ARE15
	129	+	available in cases of injuries set forth in the schedule in subsection (2) of16
	130	+	this section and also in cases of injuries that are not set forth in said17
	131	+	schedule.18
	132	+	(c.5) When an injury results in the total loss or total loss of use of19
	133	+	an arm at the shoulder, a forearm at the elbow, a hand at the wrist, a leg20
	134	+	at the hip or so near thereto as to preclude the use of an artificial limb, the21
	135	+	loss of a leg at or above the knee where the stump remains sufficient to22
	136	+	permit the use of an artificial limb, a foot at the ankle, an eye, or a23
	137	+	combination of any such losses, the benefits for such loss shall be24
	138	+	determined pursuant to this subsection (8),
	139	+	EXCEPT AS PROVIDED IN25
	140	+	SUBSECTION (7)(b)(IV) OF THIS SECTION.26
	141	+	SECTION 3. In Colorado Revised Statutes, amend 8-42-123 as27
	142	+	1347
	143	+	-4- follows:1
	144	+	8-42-123. Funeral and burial expenses. (1) When, as a2
	145	+	proximate result of an injury, death occurs to an injured employee, there3
	146	+	shall be paid in one lump sum within thirty days after death a sum not to4
	147	+	exceed seven thousand TWELVE THOUSAND FIVE HUNDRED dollars for5
	148	+	reasonable funeral and burial expenses. Said sum may be paid to the6
	149	+	undertaker, cemetery, PERSON PROVIDING FUNERAL OR BURIAL SERVICES7
	150	+	or any other person who has paid the funeral and burial costs. if the8
	151	+	director so orders. If the employee leaves no dependents, compensation9
	152	+	shall be IS limited to said sum and the compensation if any, which has10
	153	+	THAT MAY HAVE accrued to date of death and OR BEEN PAID TO THE11
	154	+	DECEASED EMPLOYEE DURING THE DECEASED EMPLOYEE 'S LIFETIME FOR12
	155	+	DISABILITY; the medical, surgical, and hospital expenses provided in13
	156	+	articles 40 to 47 of this title TITLE 8; AND ANY AMOUNT OR PAYMENT DUE14
	157	+	UNDER SECTION 8-46-101. IF THe deceased employee leaves dependents,15
	158	+	said sum shall be paid in addition to all other sums of compensation16
	159	+	provided for in this article ARTICLE 42.17
144	160		(2) O
145		-	N JULY 1, 2023, AND EACH JULY 1 THEREAFTER, THE DIRECTOR
146		-	SHALL ADJUST THE MAXIMUM AMOUNT PAYABLE FOR FUNERAL AND BURIAL
147		-	EXPENSES PROVIDED IN SUBSECTION
148		-	(1) OF THIS SECTION BY THE
149		-	PERCENTAGE OF THE ADJUSTMENT MADE BY THE DIRECTOR TO THE STATE
150		-	AVERAGE WEEKLY WAGE PURSUANT TO SECTION
151		-	8-47-106.
152		-	SECTION 4. In Colorado Revised Statutes, 8-43-101, amend (1)
153		-	as follows:
154		-	8-43-101. Record of injuries - occupational disease - reported to
155		-	division - rules - definition. (1) (a) Every employer shall keep a record of:
156		-	All
	161	+	N JULY 1, 2023, AND EACH JULY 1 THEREAFTER, THE18
	162	+	DIRECTOR SHALL ADJUST THE MAXIMUM AMOUNT PAYABLE FOR FUNERAL19
	163	+	AND BURIAL EXPENSES PROVIDED IN SUBSECTION (1) OF THIS SECTION BY20
	164	+	THE PERCENTAGE OF THE ADJUSTMENT MADE BY THE DIRECTOR TO THE21
	165	+	STATE AVERAGE WEEKLY WAGE PURSUANT TO SECTION 8-47-106.22
	166	+	SECTION 4. In Colorado Revised Statutes, 8-43-101, amend (1)23
	167	+	as follows:24
	168	+	8-43-101. Record of injuries - occupational disease - reported25
	169	+	to division - rules - definition. (1) (a) Every employer shall keep a26
	170	+	record of: All
157	171		EMPLOYEE injuries that result in fatality, to, or
158		-	permanent physical
159		-	impairment, of, or lost time from work for the injured employee in excess
160		-	of three shifts or calendar days,
161		-	OR ACTIVE MEDICAL TREATMENT FOR A
162		-	PERIOD OF MORE THAN ONE HUNDRED EIGHTY CALENDAR DAYS AFTER THE
163		-	DATE THE INJURY WAS FIRST REPORTED TO THE EMPLOYER
164		-	; and the
165		-	contraction by an employee of an occupational disease that has been listed
166		-	by the director by rule. Within ten days after notice or knowledge that an
167		-	employee has contracted such an occupational disease; or the occurrence of
168		-	a permanently physically impairing injury or OF AN INJURY THAT RESULTS
169		-	IN PERMANENT PHYSICAL IMPAIRMENT
170		-	, OF A lost-time injury, to anemployee; OR OF AN INJURY THAT RESULTS IN ACTIVE MEDICAL TREATMENT
171		-	FOR A PERIOD OF MORE THAN ONE HUNDRED EIGHTY CALENDAR DAYS AFTER
172		-	THE DATE THE INJURY WAS FIRST REPORTED TO THE EMPLOYER
173		-	, or
174		-	immediately in the case of a fatality, the employer shall, upon forms
175		-	prescribed by the division for that purpose, report
176		-	TO THE DIVISION said
177		-	occupational disease, permanently physically impairing injury, lost-time
178		-	injury,
179		-	INJURY REQUIRING ACTIVE MEDICAL TREATMENT FOR A PERIOD OF
180		-	MORE THAN ONE HUNDRED EIGHTY CALENDAR DAYS AFTER THE DATE THE
181		-	PAGE 4-HOUSE BILL 22-1347 INJURY WAS FIRST REPORTED TO THE EMPLOYER , or fatality. to the division.
182		-	The report shall MUST contain such THE information as shall be required by
183		-	the director.
	172	+	permanent27
	173	+	1347
	174	+	-5- physical impairment, of, or lost time from work for the injured employee1
	175	+	in excess of three shifts or calendar days,
	176	+	OR ACTIVE MEDICAL2
	177	+	TREATMENT FOR A PERIOD OF MORE THAN ONE HUNDRED EIGHTY3
	178	+	CALENDAR DAYS AFTER THE DATE THE INJURY WAS FIRST REPORTED TO4
	179	+	THE EMPLOYER; and the contraction by an employee of an occupational5
	180	+	disease that has been listed by the director by rule. Within ten days after6
	181	+	notice or knowledge that an employee has contracted such an7
	182	+	occupational disease; or the occurrence of a permanently physically
	183	+	8
	184	+	impairing injury or OF AN INJURY THAT RESULTS IN PERMANENT PHYSICAL9
	185	+	IMPAIRMENT, OF A lost-time injury, to an employee; OR OF AN INJURY10
	186	+	THAT RESULTS IN ACTIVE MEDICAL TREATMENT FOR A PERIOD OF MORE11
	187	+	THAN ONE HUNDRED EIGHTY CALENDAR DAYS AFTER THE DATE THE12
	188	+	INJURY WAS FIRST REPORTED TO THE EMPLOYER , or immediately in the13
	189	+	case of a fatality, the employer shall, upon forms prescribed by the14
	190	+	division for that purpose, report
	191	+	TO THE DIVISION said occupational15
	192	+	disease, permanently physically impairing injury, lost-time injury,
	193	+	INJURY16
	194	+	REQUIRING ACTIVE MEDICAL TREATMENT FOR A PERIOD OF MORE THAN17
	195	+	ONE HUNDRED EIGHTY CALENDAR DAYS AFTER THE DATE THE INJURY WAS18
	196	+	FIRST REPORTED TO THE EMPLOYER, or fatality. to the division.
	197	+	The report19
	198	+	shall MUST contain such THE information as shall be required by the20
	199	+	director.21
184	200		(b) A
185		-	S USED IN THIS SUBSECTION (1), "ACTIVE MEDICAL
186		-	TREATMENT
187		-	":
	201	+	S USED IN THIS SUBSECTION (1), "ACTIVE MEDICAL22
	202	+	TREATMENT":23
188	203		(I) M
189		-	EANS TREATMENT THAT IS DETERMINED BY AN AUTHORIZED
190		-	TREATING PHYSICIAN TO BE REASONABLY NECESSARY TO CURE AND RELIEVE
191		-	THE INJURY AND THAT REQUIRES ONGOING SUPERVISION BY AN AUTHORIZED
192		-	TREATING PHYSICIAN AS DOCUMENTED BY WRITTEN MEDICAL REPORT
193		-	;
	204	+	EANS TREATMENT THAT IS DETERMINED BY AN AUTHORIZED24
	205	+	TREATING PHYSICIAN TO BE REASONABLY NECESSARY TO CURE AND25
	206	+	RELIEVE THE INJURY AND THAT REQUIRES ONGOING SUPERVISION BY AN26
	207	+	AUTHORIZED TREATING PHYSICIAN AS DOCUMENTED BY WRITTEN MEDICAL27
	208	+	1347
	209	+	-6- REPORT;1
194	210		(II) D
195		-	OES NOT INCLUDE TREATMENT THAT IS NOT REASONABLY
196		-	EXPECTED TO IMPROVE THE CONDITION OR ANY TREATMENT THAT DOES NOT
197		-	REQUIRE THE SUPERVISION OF A LICENSED PHYSICIAN
198		-	, INCLUDING GYM OR
199		-	POOL MEMBERSHIPS OR HOME EXERCISE PROGRAMS
200		-	; AND
201		-	(III) TERMINATES WHEN THERE HAS BEEN AN ABANDONMENT OF
202		-	CARE OR DISCHARGE FROM CARE FOR NONCOMPLIANCE PRIOR TO EXPIRATION
203		-	OF THE ONE
204		-	-HUNDRED-EIGHTY-DAY PERIOD SET FORTH IN SUBSECTION (1)(a)
205		-	OF THIS SECTION.
	211	+	OES NOT INCLUDE TREATMENT THAT IS NOT REASONABLY2
	212	+	EXPECTED TO IMPROVE THE CONDITION OR ANY TREATMENT THAT DOES3
	213	+	NOT REQUIRE THE SUPERVISION OF A LICENSED PHYSICIAN , INCLUDING4
	214	+	GYM OR POOL MEMBERSHIPS OR HOME EXERCISE PROGRAMS ; AND5
	215	+	(III) T
	216	+	ERMINATES WHEN THERE HAS BEEN AN ABANDONMENT OF6
	217	+	CARE OR DISCHARGE FROM CARE FOR NONCOMPLIANCE PRIOR TO7
	218	+	EXPIRATION OF THE ONE-HUNDRED-EIGHTY-DAY PERIOD SET FORTH IN8
	219	+	SUBSECTION (1)(a) OF THIS SECTION.9
206	220		SECTION 5. In Colorado Revised Statutes, 8-44-206, amend
207		-	(3)(a), (4)(a), and (5); and repeal (2) as follows:
208		-	8-44-206. Guaranty fund - immediate payment fund.
209		-	(2) Creation of special funds board - duties.
210		-	(a) For the purposes of
211		-	carrying out this section, there is hereby created a special funds board which
212		-	shall exercise its powers and perform its duties and functions as specified
213		-	in this subsection (2) under the department of labor and employment as if
214		-	the same were transferred to the department by a type 2 transfer as such
215		-	transfer is defined in the "Administrative Organization Act of 1968", article
216		-	1 of title 24, C.R.S. Said board shall be composed of five members: Four
217		-	members who are managers or employees of self-insured employers in good
218		-	standing, two of whom shall demonstrate knowledge of risk management
219		-	and finance, and the executive director.
220		-	(b) With the exception of the executive director, the board members
221		-	shall be appointed by the governor and approved by the senate. The terms
222		-	of the members of the board first appointed shall be four years, three years,
223		-	PAGE 5-HOUSE BILL 22-1347 two years, and one year, respectively. Thereafter, the term for each
224		-	appointed board member shall be four years. Members of the board may be
225		-	reappointed and the executive director shall serve continuously.
226		-	(c) The members of the board shall receive no compensation but
227		-	shall be reimbursed for actual and necessary traveling and subsistence
228		-	expenses incurred in the performance of their duties as members of the
229		-	board.
230		-	(d) (I) The board shall determine the assessments to be made
231		-	pursuant to subsections (3) and (4) of this section and shall determine the
232		-	qualifications and requirements for any claims administrators hired to adjust
233		-	the claims of a self-insurer who fails to meet his obligations with respect to
234		-	benefits awarded pursuant to articles 40 to 47 of this title.
235		-	(II) The board shall also participate, in an advisory capacity only, in
236		-	matters concerning the granting or termination of self-insurance permits and
237		-	the setting of security requirements.
238		-	(3) Immediate payment fund - assessments - creation of fund.
239		-	(a) The board DIRECTOR shall impose an assessment upon each employer
240		-	self-insured under section 8-44-201. Assessments under this subsection (3)
241		-	shall be based upon a ratio equal to the self-insured employer's paid
242		-	workers' compensation medical and indemnity losses for the most recent
243		-	self-insurance permit year divided by the aggregate sum of paid medical and
244		-	indemnity losses by all self-insured employers for that year. Such losses
245		-	shall be determined on July 1, 1990, for the most recently completed permit
246		-	year, and on the first day of July for each year thereafter until the minimum
247		-	fund balance has been reached. Contributions to the fund shall not be assets
248		-	of the self-insured employer.
249		-	(4) Guaranty fund - assessments - creation of fund. (a) When the
250		-	board
251		-	DIRECTOR determines that existing security held by an employer
252		-	self-insured under section 8-44-201 is insufficient to meet its existing
253		-	liability for workers' compensation benefits, the board
254		-	DIRECTOR shall
255		-	impose an assessment on each self-insured employer. The assessment shall
256		-	be based on a ratio which equals each self-insured employer's paid workers'
257		-	compensation medical and indemnity losses for the most recent
258		-	self-insurance permit year divided by the aggregate sum of paid medical and
259		-	indemnity losses by all self-insured employers for that year. If necessary,
260		-	PAGE 6-HOUSE BILL 22-1347 the executive director may direct the board DIRECTOR to make an annual
261		-	assessment thereafter until such time as the present value of the guaranty
262		-	fund, created in paragraph (b) of this subsection (4)
263		-	SUBSECTION (4)(b) OF
264		-	THIS SECTION
265		-	, equals the total liability for workers' compensation benefits
266		-	which are in excess of the security held by the defaulting self-insured
267		-	employers.
268		-	(5) The department shall select any claims administrators required
269		-	under this section based on the qualifications and requirements established
270		-	by the board
271		-	DIRECTOR. For the purpose of contracting for such services, the
272		-	department shall not be subject to articles 101 to 114 of title 24. C.R.S.
273		-	SECTION 6. Act subject to petition - effective date -
274		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
275		-	the expiration of the ninety-day period after final adjournment of the
276		-	general assembly; except that, if a referendum petition is filed pursuant to
277		-	section 1 (3) of article V of the state constitution against this act or an item,
278		-	section, or part of this act within such period, then the act, item, section, or
279		-	part will not take effect unless approved by the people at the general
280		-	election to be held in November 2022 and, in such case, will take effect on
281		-	the date of the official declaration of the vote thereon by the governor.
282		-	(2) This act applies to injuries occurring, and mileage
283		-	PAGE 7-HOUSE BILL 22-1347 reimbursement claims in existence, on or after the applicable effective date
284		-	of this act.
285		-	____________________________ ____________________________
286		-	Alec Garnett Steve Fenberg
287		-	SPEAKER OF THE HOUSE PRESIDENT OF
288		-	OF REPRESENTATIVES THE SENATE
289		-	____________________________ ____________________________
290		-	Robin Jones Cindi L. Markwell
291		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
292		-	OF REPRESENTATIVES THE SENATE
293		-	APPROVED________________________________________
294		-	(Date and Time)
295		-	_________________________________________
296		-	Jared S. Polis
297		-	GOVERNOR OF THE STATE OF COLORADO
298		-	PAGE 8-HOUSE BILL 22-1347
	221	+	10
	222	+	(3)(a), (4)(a), and (5); and repeal (2) as follows:11
	223	+	8-44-206. Guaranty fund - immediate payment fund.12
	224	+	(2) Creation of special funds board - duties. (a) For the purposes of13
	225	+	carrying out this section, there is hereby created a special funds board14
	226	+	which shall exercise its powers and perform its duties and functions as15
	227	+	specified in this subsection (2) under the department of labor and16
	228	+	employment as if the same were transferred to the department by a type17
	229	+	2 transfer as such transfer is defined in the "Administrative Organization18
	230	+	Act of 1968", article 1 of title 24, C.R.S. Said board shall be composed19
	231	+	of five members: Four members who are managers or employees of20
	232	+	self-insured employers in good standing, two of whom shall demonstrate21
	233	+	knowledge of risk management and finance, and the executive director.22
	234	+	(b) With the exception of the executive director, the board23
	235	+	members shall be appointed by the governor and approved by the senate.24
	236	+	The terms of the members of the board first appointed shall be four years,25
	237	+	three years, two years, and one year, respectively. Thereafter, the term for26
	238	+	each appointed board member shall be four years. Members of the board27
	239	+	1347
	240	+	-7- may be reappointed and the executive director shall serve continuously.1
	241	+	(c) The members of the board shall receive no compensation but2
	242	+	shall be reimbursed for actual and necessary traveling and subsistence3
	243	+	expenses incurred in the performance of their duties as members of the4
	244	+	board.5
	245	+	(d) (I) The board shall determine the assessments to be made6
	246	+	pursuant to subsections (3) and (4) of this section and shall determine the7
	247	+	qualifications and requirements for any claims administrators hired to8
	248	+	adjust the claims of a self-insurer who fails to meet his obligations with9
	249	+	respect to benefits awarded pursuant to articles 40 to 47 of this title.10
	250	+	(II) The board shall also participate, in an advisory capacity only,11
	251	+	in matters concerning the granting or termination of self-insurance12
	252	+	permits and the setting of security requirements.13
	253	+	(3) Immediate payment fund - assessments - creation of fund.14
	254	+	(a) The board DIRECTOR shall impose an assessment upon each employer15
	255	+	self-insured under section 8-44-201. Assessments under this subsection16
	256	+	(3) shall be based upon a ratio equal to the self-insured employer's paid17
	257	+	workers' compensation medical and indemnity losses for the most recent18
	258	+	self-insurance permit year divided by the aggregate sum of paid medical19
	259	+	and indemnity losses by all self-insured employers for that year. Such20
	260	+	losses shall be determined on July 1, 1990, for the most recently21
	261	+	completed permit year, and on the first day of July for each year thereafter22
	262	+	until the minimum fund balance has been reached. Contributions to the23
	263	+	fund shall not be assets of the self-insured employer.24
	264	+	(4) Guaranty fund - assessments - creation of fund. (a) When25
	265	+	the board DIRECTOR determines that existing security held by an employer26
	266	+	self-insured under section 8-44-201 is insufficient to meet its existing27
	267	+	1347
	268	+	-8- liability for workers' compensation benefits, the board DIRECTOR shall1
	269	+	impose an assessment on each self-insured employer. The assessment2
	270	+	shall be based on a ratio which equals each self-insured employer's paid3
	271	+	workers' compensation medical and indemnity losses for the most recent4
	272	+	self-insurance permit year divided by the aggregate sum of paid medical5
	273	+	and indemnity losses by all self-insured employers for that year. If6
	274	+	necessary, the executive director may direct the board DIRECTOR to make7
	275	+	an annual assessment thereafter until such time as the present value of the8
	276	+	guaranty fund, created in paragraph (b) of this subsection (4) SUBSECTION9
	277	+	(4)(b)
	278	+	OF THIS SECTION, equals the total liability for workers'
	279	+	10
	280	+	compensation benefits which are in excess of the security held by the11
	281	+	defaulting self-insured employers.12
	282	+	(5) The department shall select any claims administrators required13
	283	+	under this section based on the qualifications and requirements14
	284	+	established by the board DIRECTOR. For the purpose of contracting for15
	285	+	such services, the department shall not be subject to articles 101 to 11416
	286	+	of title 24. C.R.S.17
	287	+	SECTION 6. Act subject to petition - effective date -18
	288	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following19
	289	+	the expiration of the ninety-day period after final adjournment of the20
	290	+	general assembly; except that, if a referendum petition is filed pursuant21
	291	+	to section 1 (3) of article V of the state constitution against this act or an22
	292	+	item, section, or part of this act within such period, then the act, item,23
	293	+	section, or part will not take effect unless approved by the people at the24
	294	+	general election to be held in November 2022 and, in such case, will take25
	295	+	effect on the date of the official declaration of the vote thereon by the26
	296	+	governor.27
	297	+	1347
	298	+	-9- (2) This act applies to injuries occurring, and mileage1
	299	+	reimbursement claims in existence, on or after the applicable effective2
	300	+	date of this act.3
	301	+	1347
	302	+	-10-