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April 8, 2022 HB 22-1354
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0884
Rep. Lindsay; Michaelson Jenet
Sen. Winter
Date:
Bill Status:
Fiscal Analyst:
April 8, 2022
House HHS
Clare Pramuk | 303-866-2677
clare.pramuk@state.co.us
Bill Topic: PROTECTING INJURED WORKERS' MENTAL HEALTH RECORDS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill amends the Workers’ Compensation Act of Colorado to limit the disclosure of
records related to a claimant’s mental health and to require training of Workers'
Compensation Division employees on maintaining the privacy of mental health
records. The bill also requires a person providing mental health services to a
Workers’ Compensation claimant to be a licensed mental health provider. The bill
increases state expenditures beginning in FY 2022-23.
Appropriation
Summary:
For FY 2022-23, the bill requires an appropriation of $30,000 to the Department of
Labor and Employment.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 22-1354
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue - -
Expenditures Cash Funds $30,000 -
Transfers - -
Other Budget Impacts - -
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April 8, 2022 HB 22-1354
Summary of Legislation
The bill amends the Workers’ Compensation Act of Colorado to limit the disclosure of records related
to a claimant’s mental health and require the Director of the Division of Workers' Compensation in
the Department of Labor and Employment to train division employees on maintaining the privacy of
mental health records. The director may promulgate rules to implement the bill. Finally, the bill
requires a person providing mental health services to a Workers’ Compensation claimant to be a
licensed mental health provider.
State Expenditures
This bill increases expenditures in FY 2022-23 by $30,000 in the Department of Labor and Employment
from the Workers' Compensation Cash Fund. It may also increase expenditures in the Department of
Personnel and Administration as described below.
Division of Workers’ Compensation. The division requires $30,000 to contract for a training program
that meets the requirements of the bill for division employees responsible for medical policy and
claims management and processing. The division will also have an increase in workload to develop
rules and update claims handling processes.
Department of Personnel and Administration. The bill may increase the cost of treatment for state
employees that are Workers’ Compensation claimants to see a licensed mental health provider for
treatment rather than the authorized treating physician. Any increase will be incorporated into the
annual actuarial process for assessing costs to agencies. The State Office of Risk Management may be
required to change its records handling process as relates to mental health treatment; however, this
workload can be addressed within existing appropriations.
Local Government
Like the state government, the bill may increase the cost of treatment for local government employees
that are Workers’ Compensation claimants to see a licensed mental health provider for treatment
rather than the authorized treating physician.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature, and
applies to claims filed on or after the effective date of this bill.
State Appropriations
For FY 2022-23, the bill requires an appropriation of $30,000 from the Division of Workers’
Compensation Cash Fund to the Department of Labor and Employment.
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April 8, 2022 HB 22-1354
State and Local Government Contacts
Information Technology Labor Personnel
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.