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August 2, 2022 HB 22-1354
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0884
Rep. Lindsay; Michaelson Jenet
Sen. Winter
Date:
Bill Status:
Fiscal Analyst:
August 2, 2022
Signed into Law
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 fiscal note reflects the enacted bill.
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.
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August 2, 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 was signed into law by the Governor and took effect on June 8, 2022, and applies to claims
filed on or after that date.
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.