HOUSE BILL 22-1347
BY REPRESENTATIVE(S) Daugherty, Bacon, Bernett, Bird, Boesenecker,
Duran, Exum, Gonzales-Gutierrez, Gray, Herod, Jodeh, Lindsay, Mullica,
Titone, Weissman, Woodrow, Hooton, McCluskie, Michaelson Jenet,
Ricks, Sirota;
also SENATOR(S) Rodriguez, Danielson, Gonzales, Hinrichsen, Lee,
Moreno, Pettersen, Story.
C
ONCERNING WORKERS' COMPENSATION, AND, IN CONNECTION THEREWITH,
INCREASING FUNERAL BENEFITS, ALLOWING FOR ADVANCE MILEAGE
EXPENSE PAYMENTS
, ADDRESSING THE PAYMENT OF SCHEDULED
RATINGS
, AND REQUIRING REPORTING OF CERTAIN ACTIVE MEDICAL
TREATMENTS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 8-42-101, amend (7)
as follows:
8-42-101. Employer must furnish medical aid - approval of plan
- fee schedule - contracting for treatment - no recovery from employee
- medical treatment guidelines - accreditation of physicians and other
medical providers - mileage reimbursement - rules - definition - repeal.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (7) (a) EXCEPT AS PROVIDED IN SUBSECTIONS (7)(b) AND (7)(c) OF THIS
SECTION
, a claimant must submit a request for mileage expense
reimbursement for travel reasonably necessary and related to obtaining
compensable treatment, supplies, or services specified in subsection (1)(a)
of this section to the employer or, if insured, to the employer's insurer no
later than one hundred twenty days after the date the expense is incurred,
unless good cause for a later submission is shown. Good cause includes a
failure by the employer or employer's insurer to provide the notice in the
brochure required by section 8-43-203 (3)(c)(IV). Within thirty days after
the date the claimant submits the request for mileage expense
reimbursement, the employer or employer's insurer shall pay the mileage
expenses or, if denying the request, provide written notice to the claimant
stating the reason the request was denied.
(b) W
ITHIN SEVEN DAYS AFTER THE DATE OF RECEIPT OF A
CLAIMANT
'S WRITTEN REQUEST FOR ADVANC E MILEAGE EXPENSES FOR
TRAVEL THAT IS REASONABLY NECESSARY AND RELATED TO OBTAINING
COMPENSABLE TREATMENT
, SUPPLIES, OR SERVICES SPECIFIED IN
SUBSECTION
(1)(a) OF THIS SECTION AND REQUIRES ROUND -TRIP TRAVEL
GREATER THAN ONE HUNDRED MILES
, THE EMPLOYER OR THE EMPLOYER 'S
INSURER SHALL PAY THE ADVANCE MILEAGE EXPENSES OR
, IF DENYING THE
REQUEST
, PROVIDE WRITTEN NOTICE TO THE CLAIMANT STATING THE REASON
THE REQUEST WAS DENIED
.
(c) I
F ADVANCE MILEAGE EXPENSE PAYMENT IS MADE PURSUANT TO
THIS SUBSECTION
(7), AND THE SPECIFIC TRAVEL FOR WHICH PAYMENT WAS
PROVIDED DOES NOT OCCUR
, THE EMPLOYER OR , IF INSURED, THE
EMPLOYER
'S INSURER IS ENTITLED TO A CREDIT IN THE AMOUNT OF THE
PAYMENT TO BE APPLIED AGAINST LIABILITY FOR ANY FUTURE MILEAGE
EXPENSE REIMBURSEMENTS
.
SECTION 2. In Colorado Revised Statutes, 8-42-107, amend
(1)(b), (8)(a), and (8)(c.5); and add (7)(b)(IV) as follows:
8-42-107. Permanent partial disability benefits - schedule -
medical impairment benefits - how determined. (1) Benefits available.
(b) When an injury results in permanent medical impairment and the
employee has an injury or injuries not
LISTED on the schedule specified in
subsection (2) of this section, the employee shall be
IS limited to medical
impairment benefits as specified in subsection (8) of this section,
EXCEPT
PAGE 2-HOUSE BILL 22-1347 AS PROVIDED IN SUBSECTION (7)(b)(IV) OF THIS SECTION.
(7) (b) (IV) W
HEN AN EMPLOYEE SUSTAINS AN INJURY ON THE
SCHEDULE OF INJURIES LISTED IN SUBSECTION
(2) OF THIS SECTION THAT
MAY ALSO BE COMPENSATED AS SPECIFIED IN SUBSECTION
(8) OF THIS
SECTION
, IF THE AMOUNT OF COMPENSATION FOR MEDICAL IMPAIRMENT
WHEN USING THE SCHEDULE OF INJURIES IN SUBSECTION
(2) OF THIS SECTION
WOULD BE GREATER THAN THE NONSCHEDULED IMPAIRMENT BENEFITS IN
SUBSECTION
(8) OF THIS SECTION, THEN THE EMPLOYEE IS ENTITLED TO THE
COMPENSATION SPECIFIED IN SUBSECTION
(2) OF THIS SECTION.
(8) Medical impairment benefits - determination of MMI for
scheduled and nonscheduled injuries. (a) When an injury results in
permanent medical impairment not set forth in the schedule in subsection
(2) of this section, the employee shall be
IS limited to medical impairment
benefits calculated as provided in this subsection (8),
EXCEPT AS PROVIDED
IN SUBSECTION
(7)(b)(IV) OF THIS SECTION. The procedures for
determination of maximum medical improvement set forth in paragraph (b)
of this subsection (8) shall be SUBSECTION (8)(b) OF THIS SECTION ARE
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.
(c.5) When an injury results in the total loss or total loss of use of
an arm at the shoulder, a forearm at the elbow, a hand at the wrist, a leg at
the hip or so near thereto as to preclude the use of an artificial limb, the loss
of a leg at or above the knee where the stump remains sufficient to permit
the use of an artificial limb, a foot at the ankle, an eye, or a combination of
any such losses, the benefits for such loss shall be determined pursuant to
this subsection (8),
EXCEPT AS PROVIDED IN SUBSECTION (7)(b)(IV) OF THIS
SECTION
.
SECTION 3. In Colorado Revised Statutes, amend 8-42-123 as
follows:
8-42-123. Funeral and burial expenses. (1) When, as a proximate
result of an injury, death occurs to an injured employee, there shall be paid
in one lump sum within thirty days after death a sum not to exceed seven
thousand TWELVE THOUSAND FIVE HUNDRED dollars for reasonable funeral
and burial expenses. Said sum may be paid to the undertaker, cemetery,
PAGE 3-HOUSE BILL 22-1347 PERSON PROVIDING FUNERAL OR BURIAL SERVICES or any other person who
has paid the funeral and burial costs. if the director so orders. If the
employee leaves no dependents, compensation shall be IS limited to said
sum and the compensation if any, which has THAT MAY HAVE accrued to
date of death and OR BEEN PAID TO THE DECEASED EMPLOYEE DURING THE
DECEASED EMPLOYEE
'S LIFETIME FOR DISABILITY; the medical, surgical, and
hospital expenses provided in articles 40 to 47 of this title
TITLE 8; AND ANY
AMOUNT OR PAYMENT DUE UNDER SECTION
8-46-101. If the deceased
employee leaves dependents, said sum shall be paid in addition to all other
sums of compensation provided for in this article
ARTICLE 42.
(2) O
N JULY 1, 2023, AND EACH JULY 1 THEREAFTER, THE DIRECTOR
SHALL ADJUST THE MAXIMUM AMOUNT PAYABLE FOR FUNERAL AND BURIAL
EXPENSES PROVIDED IN SUBSECTION
(1) OF THIS SECTION BY THE
PERCENTAGE OF THE ADJUSTMENT MADE BY THE DIRECTOR TO THE STATE
AVERAGE WEEKLY WAGE PURSUANT TO SECTION
8-47-106.
SECTION 4. In Colorado Revised Statutes, 8-43-101, amend (1)
as follows:
8-43-101. Record of injuries - occupational disease - reported to
division - rules - definition. (1) (a) Every employer shall keep a record of:
All
EMPLOYEE injuries that result in fatality, to, or
permanent physical
impairment, of, or lost time from work for the injured employee in excess
of three shifts or calendar days,
OR ACTIVE MEDICAL TREATMENT FOR A
PERIOD OF MORE THAN ONE HUNDRED EIGHTY CALENDAR DAYS AFTER THE
DATE THE INJURY WAS FIRST REPORTED TO THE EMPLOYER
; and the
contraction by an employee of an occupational disease that has been listed
by the director by rule. Within ten days after notice or knowledge that an
employee has contracted such an occupational disease; or the occurrence of
a permanently physically impairing injury or OF AN INJURY THAT RESULTS
IN PERMANENT PHYSICAL IMPAIRMENT
, OF A lost-time injury, to anemployee; OR OF AN INJURY THAT RESULTS IN ACTIVE MEDICAL TREATMENT
FOR A PERIOD OF MORE THAN ONE HUNDRED EIGHTY CALENDAR DAYS AFTER
THE DATE THE INJURY WAS FIRST REPORTED TO THE EMPLOYER
, or
immediately in the case of a fatality, the employer shall, upon forms
prescribed by the division for that purpose, report
TO THE DIVISION said
occupational disease, permanently physically impairing injury, lost-time
injury,
INJURY REQUIRING ACTIVE MEDICAL TREATMENT FOR A PERIOD OF
MORE THAN ONE HUNDRED EIGHTY CALENDAR DAYS AFTER THE DATE THE
PAGE 4-HOUSE BILL 22-1347 INJURY WAS FIRST REPORTED TO THE EMPLOYER , or fatality. to the division.
The report shall MUST contain such THE information as shall be required by
the director.
(b) A
S USED IN THIS SUBSECTION (1), "ACTIVE MEDICAL
TREATMENT
":
(I) M
EANS TREATMENT THAT IS DETERMINED BY AN AUTHORIZED
TREATING PHYSICIAN TO BE REASONABLY NECESSARY TO CURE AND RELIEVE
THE INJURY AND THAT REQUIRES ONGOING SUPERVISION BY AN AUTHORIZED
TREATING PHYSICIAN AS DOCUMENTED BY WRITTEN MEDICAL REPORT
;
(II) D
OES NOT INCLUDE TREATMENT THAT IS NOT REASONABLY
EXPECTED TO IMPROVE THE CONDITION OR ANY TREATMENT THAT DOES NOT
REQUIRE THE SUPERVISION OF A LICENSED PHYSICIAN
, INCLUDING GYM OR
POOL MEMBERSHIPS OR HOME EXERCISE PROGRAMS
; AND
(III) TERMINATES WHEN THERE HAS BEEN AN ABANDONMENT OF
CARE OR DISCHARGE FROM CARE FOR NONCOMPLIANCE PRIOR TO EXPIRATION
OF THE ONE
-HUNDRED-EIGHTY-DAY PERIOD SET FORTH IN SUBSECTION (1)(a)
OF THIS SECTION.
SECTION 5. In Colorado Revised Statutes, 8-44-206, amend
(3)(a), (4)(a), and (5); and repeal (2) as follows:
8-44-206. Guaranty fund - immediate payment fund.
(2) Creation of special funds board - duties.
(a) For the purposes of
carrying out this section, there is hereby created a special funds board which
shall exercise its powers and perform its duties and functions as specified
in this subsection (2) under the department of labor and employment as if
the same were transferred to the department by a type 2 transfer as such
transfer is defined in the "Administrative Organization Act of 1968", article
1 of title 24, C.R.S. Said board shall be composed of five members: Four
members who are managers or employees of self-insured employers in good
standing, two of whom shall demonstrate knowledge of risk management
and finance, and the executive director.
(b) With the exception of the executive director, the board members
shall be appointed by the governor and approved by the senate. The terms
of the members of the board first appointed shall be four years, three years,
PAGE 5-HOUSE BILL 22-1347 two years, and one year, respectively. Thereafter, the term for each
appointed board member shall be four years. Members of the board may be
reappointed and the executive director shall serve continuously.
(c) The members of the board shall receive no compensation but
shall be reimbursed for actual and necessary traveling and subsistence
expenses incurred in the performance of their duties as members of the
board.
(d) (I) The board shall determine the assessments to be made
pursuant to subsections (3) and (4) of this section and shall determine the
qualifications and requirements for any claims administrators hired to adjust
the claims of a self-insurer who fails to meet his obligations with respect to
benefits awarded pursuant to articles 40 to 47 of this title.
(II) The board shall also participate, in an advisory capacity only, in
matters concerning the granting or termination of self-insurance permits and
the setting of security requirements.
(3) Immediate payment fund - assessments - creation of fund.
(a) The board DIRECTOR shall impose an assessment upon each employer
self-insured under section 8-44-201. Assessments under this subsection (3)
shall be based upon a ratio equal to the self-insured employer's paid
workers' compensation medical and indemnity losses for the most recent
self-insurance permit year divided by the aggregate sum of paid medical and
indemnity losses by all self-insured employers for that year. Such losses
shall be determined on July 1, 1990, for the most recently completed permit
year, and on the first day of July for each year thereafter until the minimum
fund balance has been reached. Contributions to the fund shall not be assets
of the self-insured employer.
(4) Guaranty fund - assessments - creation of fund. (a) When the
board
DIRECTOR determines that existing security held by an employer
self-insured under section 8-44-201 is insufficient to meet its existing
liability for workers' compensation benefits, the board
DIRECTOR shall
impose an assessment on each self-insured employer. The assessment shall
be based on a ratio which equals each self-insured employer's paid workers'
compensation medical and indemnity losses for the most recent
self-insurance permit year divided by the aggregate sum of paid medical and
indemnity losses by all self-insured employers for that year. If necessary,
PAGE 6-HOUSE BILL 22-1347 the executive director may direct the board DIRECTOR to make an annual
assessment thereafter until such time as the present value of the guaranty
fund, created in paragraph (b) of this subsection (4)
SUBSECTION (4)(b) OF
THIS SECTION
, equals the total liability for workers' compensation benefits
which are in excess of the security held by the defaulting self-insured
employers.
(5) The department shall select any claims administrators required
under this section based on the qualifications and requirements established
by the board
DIRECTOR. For the purpose of contracting for such services, the
department shall not be subject to articles 101 to 114 of title 24. C.R.S.
SECTION 6. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2022 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
(2) This act applies to injuries occurring, and mileage
PAGE 7-HOUSE BILL 22-1347 reimbursement claims in existence, on or after the applicable effective date
of this act.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 22-1347