First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0319.01 Kristen Forrestal x4217
HOUSE BILL 25-1300
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING CLAIMANTS ' ACCESS TO MEDICAL CARE IN WORKERS '101
COMPENSATION CLAIMS , AND, IN CONNECTION THEREWITH ,102
SHIFTING THE BURDEN OF PROOF FOR A CLAIMANT 'S103
ENTITLEMENT TO MEDICAL BENEFITS THAT ARE RECOMMENDED104
BY AN AUTHORIZED TREATING PHYSICIAN , REQUIRING AN105
EMPLOYER OR THE EMPLOYER 'S INSURER TO USE THE DIVISION106
OF WORKERS' COMPENSATION'S UTILIZATION STANDARDS, AND107
CHANGING THE MECHANISM BY WHICH A CLAIMANT CAN108
CHOOSE A TREATING PHYSICIAN .109
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
HOUSE SPONSORSHIP
Willford,
SENATE SPONSORSHIP
Kipp,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
In a dispute in a workers' compensation claim, current law requires
a claimant to prove, by a preponderance of the evidence, the claimant's
entitlement to medical benefits. When the dispute concerns whether the
medical treatment recommended by an authorized treating physician is
reasonable, necessary, and related to the claimant's injury, the bill shifts
the burden of proof from the claimant to the claimant's employer or the
employer's workers' compensation insurer.
The bill provides injured workers control over the selection of
their primary treating physician in workers' compensation cases, allowing
them to choose from any level I or level II accredited physician through
the division of workers' compensation. The bill creates the mechanism by
which an injured worker may select the treating physician and requires
the employer or insurer to choose the physician when an injured worker
is unable or unwilling to select the treating physician.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Without workers, no products are made, no meals are served,4
no goods are transported, no ski areas operate, no medical care is5
provided, no fires are fought, and no highways stay safe. Workers are the6
backbone of Colorado. When a worker is hurt, Colorado's backbone is7
weakened.8
(b) Colorado's workers' compensation act, referred to in this9
section as the "workers' act", was enacted in 1915, and it opens with an10
unequivocal declaration of intent that can be summarized as assuring the11
quick and efficient delivery of disability and medical benefits to injured12
workers at a reasonable cost, without the necessity of litigation;13
(c) In 1991, Colorado Senate Bill 91-218 drastically altered the14
workers' compensation system, undermining the intent of the workers' act15
set forth by the general assembly in 1915. Thirty-four years after those16
HB25-1300-2- amendments, we still have a workers' compensation system weighted1
heavily against injured workers and in favor of insurance companies, as2
evidenced by:3
(I) Injured workers in Colorado lack basic agency to choose who4
treats their injuries. When a worker is hurt on the job, the employer and5
its insurer have control over the primary doctor assigned. Once a primary6
physician is assigned, that physician's referrals to other medical7
specialists and therapists are also subject to denial by employers and their8
insurers.9
(II) Even after an employer and insurer direct a worker to seek10
treatment with a specific physician or physicians, they can deny the11
medical care that a physician recommends as unreasonable or12
unnecessary. When such a dispute arises, it is the worker who bears the13
burden of proof in court.14
(III) While employers and insurers are directed to follow the15
state's utilization standards in making determinations regarding the16
authorization or denial of medical care, they often fail to do so. When17
they do fail, there is no expeditious recourse for workers. The division of18
workers' compensation in the department of labor and employment does19
not have clear authority to rule on issues surrounding an employer or their20
insurer's violation of the utilization standards.21
(IV) Workers whose injuries are severe enough to lead to wage22
loss or permanent impairment, or both, are limited in recovering their23
economic losses by arbitrary benefit caps. Those caps most significantly24
and wrongfully impact workers whose injuries are severe.25
(V) Benefits payable to injured workers for permanent impairment26
are paid unequally. While some permanent disabilities are paid through27
HB25-1300
-3- a holistic lens based on the permanency of the workers' symptoms, lost1
income, and an inability to work or complete activities of daily living,2
others are paid according to an arbitrary schedule of benefits. The3
schedule of benefits almost always results in less compensation for4
injured workers, even in instances of severe disability.5
(VI) Injured workers who are entitled to permanent impairment6
benefits must wait months or even years to fully collect their award. By7
default, employers and their insurers are allowed to pay those benefits8
over time, and if a worker wants the benefit paid in full without delay,9
they must pay a discount charge to the insurer.10
(VII) Workers who are the most severely injured and therefore11
unable to return to similar or "suitable" employment following an12
industrial injury are not owed any additional monetary benefit under the13
current scheme. Since the 1991 changes to the workers' act, to obtain14
permanent total disability in Colorado, a worker must be "unable to earn15
any wage". This standard has rendered permanent total disability benefits16
nearly obsolete.17
(VIII) Despite the fact that an injured worker is the first-party18
insured of their employer's workers' compensation insurer, meaning that19
the insurer is prohibited from the unreasonable delay or denial of benefits,20
workers do not have access to the normal statutory remedies available for21
the unfair claims handling practices of a workers' compensation insurer.22
This emboldens Colorado workers' compensation insurers to engage in23
deceptive, unfair, unreasonable, and frivolous practices in the handling24
of claims.25
(IX) All workers deserve the best care when injured. The state of26
Colorado, as an employer, should make every effort to obtain workers'27
HB25-1300
-4- compensation coverage with the worker experience in mind. Pinnacol is1
the top-rated workers' compensation insurer by workers and is already a2
quasi-state agency. The state should contract with Pinnacol for coverage,3
rather than other third parties, many of which are out-of-state entities4
without a connection to Colorado and are not subject to the same5
transparency and financial disclosure requirements as Pinnacol.6
(d) In contrast to the hardships faced by injured workers since7
1991, Colorado's workers' compensation insurers are enjoying8
unprecedented economic success, posting profit margins higher than any9
other type of insurance in Colorado.10
(2) The general assembly declares that:11
(a) The playing field must be leveled and the workers' act must be12
returned to a mechanism with the functionality of its original intent; and13
(b) With this act, the state of Colorado hopes to alleviate a portion14
of the inequities set forth in this section but acknowledges that additional15
change must be made in the coming years.16
SECTION 2. In Colorado Revised Statutes, 8-42-101, amend17
(3)(a)(I) and (5) as follows:18
8-42-101. Employer must furnish medical aid - approval of19
plan - fee schedule - contracting for treatment - no recovery from20
employee - medical treatment guidelines - accreditation of physicians21
and other medical providers - mental health provider qualifications22
- mileage reimbursement - rules - definitions - repeal.23
(3) (a) (I) (A) The director shall establish a schedule fixing the fees for24
which all surgical, hospital, dental, nursing, vocational rehabilitation, and25
medical services, whether related to treatment or not, pertaining to injured26
employees under this section shall be compensated. It is unlawful, void,27
HB25-1300
-5- and unenforceable as a debt for any A physician, chiropractor, hospital,1
person, expert witness, reviewer, evaluator, or institution to contract with,2
bill, or charge any party for services, rendered in connection with injuries3
coming within the purview of this article ARTICLE 42 or an applicable fee4
schedule, which THAT are or may be in excess of said THE fee schedule5
unless such charges are approved by the director. Fee schedules shall be6
reviewed on or before July 1 of each year by the director, and appropriate7
health-care practitioners shall be given a reasonable opportunity to be8
heard as required pursuant to section 24-4-103 C.R.S., prior to fixing the9
fees; impairment rating guidelines, which shall be based on the revised10
third edition of the "American Medical Association Guides to the11
Evaluation of Permanent Impairment", in effect as of July 1, 1991; and12
medical treatment guidelines and utilization standards. Fee schedules13
established pursuant to this subparagraph (I) SUBSECTION (3)(a)(I) shall14
take effect on January 1. The director shall promulgate ADOPT rules15
concerning reporting requirements, penalties for failure to report correctly16
or in a timely manner, utilization control requirements for services17
provided under this section, and the accreditation process
DESCRIBED in18
subsection (3.6) of this section. The fee schedule shall apply
APPLIES to19
all surgical, hospital, dental, nursing, vocational rehabilitation, and20
medical services and to expert witness, expert reviewer, or expert21
evaluator services, whether related to treatment or not, provided after any22
final order, final admission, or full or partial settlement of the claim.23
(B) A
N EMPLOYER OR THE EMPLOYER 'S INSURER SHALL USE THE24
DIVISION'S UTILIZATION STANDARDS WHEN RESPONDING TO A REQUEST25
FOR AUTHORIZATION FROM A TREATING PHYSICIAN . IF AN EMPLOYER OR26
THE EMPLOYER'S INSURER FAILS TO ACT IN ACCORDANCE WITH THE27
HB25-1300
-6- DIVISION'S UTILIZATION STANDARDS WHEN REVIEWING A REQUEST FOR1
AUTHORIZATION, THE DIRECTOR MAY DEEM THE SERVICES PROVIDED BY2
AN AUTHORIZED TREATING PHYSICIAN AS AUTHORIZED , REASONABLE, AND3
NECESSARY AND REQUIRE PAYMENT FOR THE SERVICES BY THE EMPLOYER4
OR THE EMPLOYER'S INSURER.5
(5) If any party files an application for hearing on whether the A6
claimant is entitled to medical maintenance benefits recommended by an7
authorized treating physician that are unpaid and contested, and any8
requested medical maintenance benefit is admitted fewer than twenty9
days before the hearing or ordered after application for hearing is filed,10
the court shall award the claimant all reasonable costs incurred in11
pursuing the medical benefit. Such costs do not include attorney fees.12
SECTION 3. In Colorado Revised Statutes, 8-43-201, amend (1)13
as follows:14
8-43-201. Disputes arising under "Workers' Compensation15
Act of Colorado". (1) The director and administrative law judges16
employed by the office of administrative courts in the department of17
personnel shall have original jurisdiction to hear and decide all matters18
arising under PURSUANT TO articles 40 to 47 of this title TITLE 8; except19
that: the following principles shall apply:20
(a) A claimant in a workers' compensation claim shall have HAS21
the burden of proving entitlement to benefits by a preponderance of the22
evidence;
EXCEPT THAT THE CLAIMANT'S EMPLOYER OR INSURER HAS THE23
BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT24
MEDICAL TREATMENT RECOMMENDED BY AN AUTHORIZED TREATING25
PHYSICIAN IS NOT REASONABLE , NECESSARY, AND RELATED TO THE26
INJURY;27
HB25-1300
-7- (b) The facts in a workers' compensation case shall MUST not be1
interpreted liberally in favor of either the rights of the injured worker or2
the rights of the employer; a workers' compensation case shall be decided3
on its merits; and4
(c) A party seeking to modify an issue determined by a general or5
final admission, a summary order, or a full order shall bear BEARS the6
burden of proof for any such modification.7
SECTION 4. In Colorado Revised Statutes, 8-43-404, amend8
(5)(a) and (10)(b) as follows:9
8-43-404. Examination - refusal - personal responsibility -10
physicians to testify and furnish results - injured worker right to11
select treating physician - injured worker right to third-party12
communications - rules. (5) (a) (I) (A) In all cases of injury, the13
employer or insurer shall provide a list of at least four physicians or four14
corporate medical providers or at least two physicians and two corporate15
medical providers or a combination thereof where available, in the first16
instance, from which list an injured employee may select the physician17
who attends the injured employee. At least one of the four designated18
physicians or corporate medical providers offered must be at a distinct19
location from the other three designated physicians or corporate medical20
providers without common ownership. If there are not at least two21
physicians or corporate medical providers at distinct locations without22
common ownership within thirty miles of the employer's place of23
business, then an employer may designate physicians or corporate medical24
providers at the same location or with shared ownership interests. Upon25
request by an interested party to the workers' compensation claim, a26
designated provider on the employer's list shall provide a list of27
HB25-1300
-8- ownership interests and employment relationships, if any, to the1
requesting party within five days of the receipt of the request. If the2
services of a physician are not tendered at the time of injury, the3
employee shall have the right to select a physician or chiropractor. For4
purposes of this section, "corporate medical provider" means a medical5
organization in business as a sole proprietorship, professional6
corporation, or partnership IMMEDIATELY UPON RECEIPT OF NOTICE OF AN7
ON-THE-JOB INJURY, BUT NOT MORE THAN SEVEN BUSINESS DAYS AFTER8
RECEIPT OF NOTICE OF THE ON-THE-JOB INJURY, AN EMPLOYER OR INSURER9
SHALL, IN WRITTEN VERIFIED FORM, NOTIFY THE INJURED EMPLOYEE OF10
THE INJURED EMPLOYEE'S RIGHT TO DESIGNATE A TREATING PHYSICIAN11
AND NOTIFY THE INJURED EMPLOYEE WHERE TO ACCESS THE DIVISION 'S12
LIST OF LEVEL I AND LEVEL II ACCREDITED PHYSICIANS. THE DIRECTOR13
SHALL CREATE A FORM TO IMPLEMENT THE PROCEDURE TO DESIGNATE A14
PHYSICIAN. THE EMPLOYEE MAY DESIGNATE ONLY A LEVEL I OR LEVEL II15
ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO MEDICAL16
P
RACTICE ACT", ARTICLE 240 OF TITLE 12, AS THE EMPLOYEE 'S17
AUTHORIZED TREATING PHYSICIAN . THE EMPLOYEE MUST DESIGNATE THE18
TREATING PHYSICIAN IN WRITING ON THE FORM PRESCRIBED BY THE19
DIRECTOR. THE EMPLOYEE MAY MAKE ONE TREATING PHYSICIAN20
DESIGNATION ON THE FORM PRESCRIBED BY THE DIRECTOR ANY TIME21
AFTER THE ON-THE-JOB INJURY BUT BEFORE BEING PLACED AT MAXIMUM22
MEDICAL IMPROVEMENT . IF THE EMPLOYEE DECLINES TO DESIGNATE A23
PHYSICIAN WITHIN SEVEN BUSINESS DAYS AFTER RECEIPT OF NOTICE OF24
THE RIGHT TO DESIGNATE IN WRITTEN VERIFIED FORM , AN EMPLOYER OR25
INSURER MAY DESIGNATE ONLY A LEVEL I OR LEVEL II ACCREDITED26
PHYSICIAN LICENSED UNDER THE "COLORADO MEDICAL PRACTICE ACT",27
HB25-1300
-9- ARTICLE 240 OF TITLE 12, AS THE EMPLOYEE'S AUTHORIZED TREATING1
PHYSICIAN. THE EMPLOYEE MAY SUBSEQUENTLY DESIGNATE A PHYSICIAN2
CONSISTENT WITH THIS SUBSECTION (5)(a)(I)(A). THE PHYSICIAN3
DESIGNATED BY THE EMPLOYER OR INSURER AND THE PHYSICIAN4
DESIGNATED BY THE EMPLOYEE SHALL COMPLY WITH SUBSECTION5
(5)(a)(IV)(A)
OF THIS SECTION.6
(B) If there are fewer than four physicians or corporate medical
7
providers within thirty miles of the employer's place of business who are8
willing to treat an injured employee, the employer or insurer may instead9
designate one physician or one corporate medical provider, and10
subparagraphs (III) and (IV) of this paragraph (a) shall not apply. A11
physician is presumed willing to treat injured workers unless he or she12
indicates to the employer or insurer to the contrary IN AN EMERGENCY13
SITUATION, AN INJURED EMPLOYEE SHALL BE TAKEN TO ANY PHYSICIAN OR14
HEALTH-CARE FACILITY THAT IS ABLE TO PROVIDE THE NECESSARY CARE .15
W
HEN EMERGENCY CARE IS NO LONGER REQUIRED , SUBSECTION16
(5)(a)(I)(A)
OF THIS SECTION APPLIES. IMMEDIATELY UPON RECEIPT OF17
NOTICE THAT EMERGENCY CARE IS NO LONGER REQUIRED , BUT NOT MORE18
THAN SEVEN BUSINESS DAYS AFTER RECEIPT OF NOTICE THAT EMERGENCY19
CARE IS NO LONGER REQUIRED , AN EMPLOYER OR INSURER SHALL , IN20
WRITTEN VERIFIED FORM, NOTIFY THE INJURED EMPLOYEE OF THE INJURED21
EMPLOYEE'S RIGHT TO DESIGNATE A TREATING PHYSICIAN AND NOTIFY THE22
INJURED EMPLOYEE WHERE TO ACCESS THE DIVISION 'S LIST OF LEVEL I AND23
LEVEL II ACCREDITED PHYSICIANS.24
(C) If there are more than three physicians or corporate medical
25
providers, but fewer than nine physicians or corporate medical providers26
within thirty miles of the employer's place of business who are willing to27
HB25-1300
-10- treat an injured employee, the employer or insurer may instead designate1
two physicians or two corporate medical providers or any combination2
thereof. The two designated providers shall be at two distinct locations3
without common ownership. If there are not two providers at two distinct4
locations without common ownership within thirty miles of the5
employer's place of business, then an employer may designate two6
providers at the same location or with shared ownership interests. Upon7
request by an interested party to the workers' compensation claim, a8
designated provider on the employer's list shall provide a list of9
ownership interests and employment relationships, if any, to the10
requesting party within five days of the receipt of the request.11
(D) Except as otherwise provided by sub-subparagraph (E) of this12
subparagraph (I), any party may request an expedited hearing on the issue13
of whether the employer or insurer provided a list in compliance with this14
subsection (5) if the application for expedited hearing is filed within15
forty-five days after the claimant provides notice of the injury to the16
employer.17
(E) If the insurer or self-insured employer admits liability for the18
claim, any party may request an expedited hearing on the issue of whether19
the employer or insurer provided a list in compliance with this subsection20
(5) if the application for expedited hearing is filed within forty-five days21
after the initial admission of liability for the claim. The director shall set22
any expedited matter for hearing within sixty days after the date of the23
application. The time schedule for an expedited hearing is subject to the24
extensions set forth in section 8-43-209. If the party elects not to request25
an expedited hearing under this subsection (5), the time schedule for26
hearing the matter is as set forth in section 8-43-209.27
HB25-1300
-11- (II) (A) If the employer is a health-care provider or a1
governmental entity that currently has its own occupational health-care2
provider system, the employer may designate health-care providers from3
within its own system and is not required to provide an alternative4
physician or corporate medical provider from outside its own system.5
(B) If the employer has its own on-site health-care facility, the6
employer may designate such on-site health-care facility as the authorized7
treating physician, but the employer shall comply with subparagraph (III)8
of this paragraph (a). For purposes of this sub-subparagraph (B), "on-site9
health-care facility" means an entity that meets all applicable state10
requirements to provide health-care services on the employer's premises.11
(III) (II) An employee may obtain a one-time change in the12
designated authorized treating physician under this section by providing13
notice that meets the following requirements:14
(A) The notice is provided within ninety ONE HUNDRED TWENTY15
days after the date of the injury EMPLOYEE'S FIRST PHYSICIAN16
DESIGNATION, but before the injured worker EMPLOYEE reaches maximum17
medical improvement;18
(B) The notice is in writing and submitted on a form designated19
by the director. The notice provided in this subparagraph (III) shall20
SUBSECTION (5)(a)(II) MUST also simultaneously serve as a request and21
authorization to the initially authorized treating physician to release all22
relevant medical records to the newly authorized treating physician.23
(C) The notice is directed to the insurance carrier INSURER or to24
the employer's authorized representative, if self-insured, and to the25
initially authorized treating physician and is deposited in the United States26
mail or hand-delivered to the employer, who shall notify the insurance27
HB25-1300
-12- carrier INSURER, if necessary, and the initially authorized treating1
physician;2
(D) The new physician is on the employer's designated list or3
provides medical services for a designated corporate medical provider on4
the list A LEVEL I OR LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER5
THE "COLORADO MEDICAL PRACTICE ACT", ARTICLE 240 OF TITLE 12;6
AND7
(E) The transfer of medical care does not pose a threat to the8
health or safety of the injured employee.9
(F) (III) An insurance carrier INSURER, or an employer's10
authorized representative if the employer is self-insured, shall track how11
often injured employees change their authorized treating physician12
pursuant to this subparagraph (III) SUBSECTION (5)(a)(II) OF THIS SECTION13
and shall report such information to the division upon request.14
(IV) (A) When an injured employee changes his or her THEIR15
designated authorized treating physician, the newly authorized treating16
physician shall make a reasonable effort to avoid any unnecessary17
duplication of medical services.18
(B) The originally authorized treating physician shall send all19
medical records in his or her THEIR possession pertaining to the injured20
employee to the newly authorized treating physician within seven21
calendar days after receiving a request for medical records from the newly22
authorized treating physician.23
(C) The originally authorized treating physician shall continue as24
the authorized treating physician for the injured employee until the25
injured employee's initial visit with the newly authorized treating26
physician, at which time the treatment relationship with the initially27
HB25-1300
-13- authorized treating physician shall terminate TERMINATES.1
(D) The opinion of the originally authorized treating physician2
regarding work restrictions and return to work shall control CONTROLS3
unless and until such opinion is expressly modified by the newly4
authorized treating physician.5
(E) The newly authorized treating physician shall be presumed to6
have consented to treat the injured employee unless the newly authorized7
treating physician expressly refuses in writing within five days after the8
date of the notice to change authorized treating physicians. If the newly9
authorized treating physician refuses to treat the injured employee, the10
employee may return to the employer to request an alternative authorized11
treating physician If the employer does not provide an alternative12
authorized treating physician within five days after the employee's13
request, rules established by the division shall control WHO IS A LEVEL I14
OR LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO15
M
EDICAL PRACTICE ACT", ARTICLE 240 OF TITLE 12.16
(V) If the
AN authorized treating physician moves from one17
facility to another, or from one corporate medical provider to another, an18
injured employee may continue care with the authorized treating19
physician, and the original facility or corporate medical provider shall20
provide the injured employee's medical records to the authorized treating21
physician within seven days after receipt of a request for medical records22
from the authorized treating physician.23
(VI) (A) In addition to the one-time change of physician allowed24
in subparagraph (III) of this paragraph (a) SUBSECTION (5)(a)(II) OF THIS25
SECTION, upon written request to the insurance carrier INSURER or to the26
employer's authorized representative if
THE EMPLOYER IS self-insured, an27
HB25-1300
-14- injured employee may procure written permission to have a personal1
physician or chiropractor treat the employee. The
EMPLOYEE MUST2
COMPLETE THE written request must be completed
on a form that is3
prescribed by the director. If permission is neither granted nor refused4
THE EMPLOYER OR INSURER NEITHER GRANTS NOR REFUSES THE5
PERMISSION REQUEST within twenty days after the date of the certificate6
of service of the request form, the employer or insurance carrier shall be7
INSURER IS deemed to have waived any objection to the employee's8
request. I
F THE EMPLOYER OR INSURER OBJECTS TO THE REQUEST , THE9
EMPLOYER OR INSURER SHALL MAKE THE objection shall be
in writing on10
a form prescribed by the director and shall be served SERVE THE WRITTEN11
OBJECTION on the employee or, if represented, the employee's authorized12
representative within twenty days after the date of the certificate of13
service of the request form. An insurance carrier INSURER, or an14
employer's authorized representative if
THE EMPLOYER IS self-insured,15
shall track how often an injured employee requests to change his or her
16
THE EMPLOYEE'S physician and how often such change is granted or17
denied and shall report such information to the division upon request.18
Upon the proper showing to the division, the employee may procure the19
division's permission at any time to have a physician of the employee's20
selection treat the employee, and in any nonsurgical case the employee,21
with such permission, in lieu of medical aid, may procure any nonmedical22
treatment recognized by the laws of this state as legal. The practitioner23
administering the treatment shall receive fees under the medical24
provisions of articles 40 to 47 of this title TITLE 8 as specified by the25
division.26
(B) If an injured employee is permitted to change physicians27
HB25-1300
-15- under sub-subparagraph (A) of this subparagraph (VI) SUBSECTION1
(5)(a)(VI)(A)
OF THIS SECTION resulting in a new authorized treating2
physician who will provide primary care for the injury, then the3
previously authorized treating physician providing primary care shall4
continue as the authorized treating physician providing primary care for5
the injured employee until the injured employee's initial visit with the6
newly authorized treating physician, at which time the treatment7
relationship with the previously authorized treating physician providing8
primary care is terminated.9
(C) Nothing in this subparagraph (VI)
SUBSECTION (5)(a)(VI)10
precludes any former authorized treating physician from performing an11
examination under subsection (1) of this section.12
(D) If an injured employee is permitted to change physicians13
pursuant to sub-subparagraph (A) of this subparagraph (VI) SUBSECTION14
(5)(a)(VI)(A)
OF THIS SECTION resulting in a new authorized treating15
physician who will provide primary care for the injury, then the opinion16
of the previously authorized treating physician providing primary care17
regarding work restrictions and return to work controls unless that18
opinion is expressly modified by the newly authorized treating physician.19
(10) (b) If the
AN insurer or self-insured employer receives written20
notice pursuant to paragraph (a) of this subsection (10) SUBSECTION21
(10)(a)
OF THIS SECTION, or if the insurer or self-insured employer and the22
authorized treating physician receive written notice by certified mail,23
return receipt requested, from the
AN injured employee or the injured24
employee's legal representative that an authorized physician refused to25
provide medical treatment to the injured employee or discharged the26
injured employee from medical care for nonmedical reasons when such27
HB25-1300
-16- THE injured employee requires medical treatment to cure or relieve the1
effects of the work injury, and there is no other authorized physician2
willing to provide medical treatment, then the insurer or self-insured3
employer shall, within fifteen calendar days from AFTER receiving the4
written notice, designate a new authorized physician willing to provide5
medical treatment. If the insurer or self-insured employer fails to6
designate a new physician pursuant to this paragraph (b), then the injured7
employee may select the physician who attends to the injured employee8
ADVISE THE INJURED EMPLOYEE IN WRITING THAT THE INJURED EMPLOYEE9
MAY DESIGNATE A NEW LEVEL I OR LEVEL II ACCREDITED PHYSICIAN10
LICENSED UNDER THE "COLORADO MEDICAL PRACTICE ACT", ARTICLE 24011
OF TITLE 12, AS THE EMPLOYEE'S NEW AUTHORIZED TREATING PHYSICIAN .12
T
HE EMPLOYEE MUST DESIGNATE THE NEW TREATING PHYSICIAN IN13
WRITING ON THE FORM PRESCRIBED BY THE DIRECTOR .14
SECTION 5. Act subject to petition - effective date -15
applicability. (1) This act takes effect January 1, 2026; except that, if a16
referendum petition is filed pursuant to section 1 (3) of article V of the17
state constitution against this act or an item, section, or part of this act18
within the ninety-day period after final adjournment of the general19
assembly, then the act, item, section, or part will not take effect unless20
approved by the people at the general election to be held in November21
2026 and, in such case, will take effect on the date of the official22
declaration of the vote thereon by the governor.23
(2) This act applies to workers' compensation claims filed on or24
after the applicable effective date of this act.25
HB25-1300
-17-