Page 1 April 19, 2022 HB 22-1354 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated April 8, 2022) Drafting Number: Prime Sponsors: LLS 22-0884 Rep. Lindsay; Michaelson Jenet Sen. Winter Date: Bill Status: Fiscal Analyst: April 19, 2022 House Appropriations 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. 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 workload and may increase state expenditures beginning in FY 2022-23. Appropriation Summary: No appropriation is required. Fiscal Note Status: The revised fiscal note reflects the introduced bill, as amended by the House Public Health and Human Services Committee. 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. The director of the Division of Workers' Compensation in the Department of Labor and Employment may promulgate rules to implement the bill. The bill also requires a person providing mental health services to a Workers’ Compensation claimant to be a licensed mental health provider. State Expenditures This bill will increase workload in the Department of Labor and Employment and may increase expenditures beginning in FY 2022-23 in the Department of Personnel and Administration as described below. Division of Workers’ Compensation. The division will have an increase in workload to promulgate rules and update claims handling processes. This increase can be addressed within existing appropriations. Page 2 April 19, 2022 HB 22-1354 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 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.