First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
REQUIRING AN EMPLOYER OR THE EMPLOYER 'S INSURER TO USE103
THE DIVISION OF WORKERS ' COMPENSATION'S UTILIZATION104
STANDARDS AND CHANGING THE MECHANISM BY WHICH A105
CLAIMANT CAN CHOOSE A TREATING PHYSICIAN .106
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
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
HOUSE
Amended 2nd Reading
April 3, 2025
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. 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
amendments, we still have a workers' compensation system weighted17
heavily against injured workers and in favor of insurance companies, as18
1300-2- evidenced by:1
(I) Injured workers in Colorado lack basic agency to choose who2
treats their injuries. When a worker is hurt on the job, the employer and3
its insurer have control over the primary doctor assigned. Once a primary4
physician is assigned, that physician's referrals to other medical5
specialists and therapists are also subject to denial by employers and their6
insurers.7
(II) AFTER SUFFERING AN INDUSTRIAL INJURY, A WORKER NEEDS8
TO BE EDUCATED REGARDING HOW TO FILE A CLAIM AND HOW TO SEEK9
TREATMENT THROUGH THE WORKERS ' COMPENSATION SYSTEM .10
EMPLOYERS, AS THE FIRST LINE OF COMMUNICATION WITH AN INJURED11
WORKER, ARE ENCOURAGED OR OBLIGATED TO PROVIDE THAT EDUCATION12
AND INFORMATION TO EACH WORKER .13
(III) Even after an employer and insurer direct a worker to seek14
treatment with a specific physician or physicians, they can deny the15
medical care that a physician recommends as unreasonable or16
unnecessary. When such a dispute arises, it is the worker who bears the17
burden of proof in court.18
(IV) While employers and insurers are directed to follow the19
state's utilization standards in making determinations regarding the20
authorization or denial of medical care, they often fail to do so. When21
they do fail, there is no expeditious recourse for workers. The division of22
workers' compensation in the department of labor and employment does23
not have clear authority to rule on issues surrounding an employer or their24
insurer's violation of the utilization standards.25
(V) MANY COLORADO EMPLOYERS USE THIRD-PARTY26
ADMINISTRATORS AND INSURANCE PROVIDERS TO HANDLE THEIR27
1300
-3- WORKERS' COMPENSATION CLAIMS. THE THIRD-PARTY ADMINISTRATORS1
ARE OFTEN LOCATED OUTSIDE THE STATE AND ARE A STEP REMOVED FROM2
AN INJURED WORKER. AS A RESULT OF THE SEPARATION, THIRD-PARTY3
ADMINISTRATORS DELAY AND DENY CARE WITH MORE FREQUENCY THAN4
WORKERS' COMPENSATION INSURERS. THE WORKERS' COMPENSATION5
SYSTEM SHOULD TAKE ACTION TO ENSURE THAT THIRD-PARTY6
ADMINISTRATORS ARE BEING HELD TO THE SAME STANDARD AS INSURERS.7
(VI) Workers whose injuries are severe enough to lead to wage8
loss or permanent impairment, or both, are limited in recovering their9
economic losses by arbitrary benefit caps. Those caps most significantly10
and wrongfully impact workers whose injuries are severe.11
(VII) Benefits payable to injured workers for permanent12
impairment are paid unequally. While some permanent disabilities are13
paid through a holistic lens based on the permanency of the workers'14
symptoms, lost income, and an inability to work or complete activities of15
daily living, others are paid according to an arbitrary schedule of benefits.16
The schedule of benefits almost always results in less compensation for17
injured workers, even in instances of severe disability.18
(VIII) Injured workers who are entitled to permanent impairment19
benefits must wait months or even years to fully collect their award. By20
default, employers and their insurers are allowed to pay those benefits21
over time, and if a worker wants the benefit paid in full without delay,22
they must pay a discount charge to the insurer.23
(IX) Workers who are the most severely injured and therefore24
unable to return to similar or "suitable" employment following an25
industrial injury are not owed any additional monetary benefit under the26
current scheme. Since the 1991 changes to the workers' act, to obtain27
1300
-4- permanent total disability in Colorado, a worker must be "unable to earn1
any wage". This standard has rendered permanent total disability benefits2
nearly obsolete.3
(X) Despite the fact that an injured worker is the first-party4
insured of their employer's workers' compensation insurer, meaning that5
the insurer is prohibited from the unreasonable delay or denial of benefits,6
workers do not have access to the normal statutory remedies available for7
the unfair claims handling practices of a workers' compensation insurer.8
This emboldens Colorado workers' compensation insurers to engage in9
deceptive, unfair, unreasonable, and frivolous practices in the handling10
of claims.11
(XI) All workers deserve the best care when injured. The state of12
Colorado, as an employer, should make every effort to obtain workers'13
compensation coverage with the worker experience in mind. Pinnacol is14
the top-rated workers' compensation insurer by workers and is already a15
quasi-state agency. The state should contract with Pinnacol for coverage,16
rather than other third parties, many of which are out-of-state entities17
without a connection to Colorado and are not subject to the same18
transparency and financial disclosure requirements as Pinnacol.19
(d) In contrast to the hardships faced by injured workers since20
1991, Colorado's workers' compensation insurers are enjoying21
unprecedented economic success, posting profit margins higher than any22
other type of insurance in Colorado.23
(2) The general assembly declares that:24
(a) The playing field must be leveled and the workers' act must be25
returned to a mechanism with the functionality of its original intent; and26
(b) With this act, the state of Colorado hopes to alleviate a portion27
1300
-5- of the inequities set forth in this section but acknowledges that additional1
change must be made in the coming years.2
SECTION 2. In Colorado Revised Statutes, 8-42-101, amend3
(3)(a)(I) and (5) as follows:4
8-42-101. Employer must furnish medical aid - approval of5
plan - fee schedule - contracting for treatment - no recovery from6
employee - medical treatment guidelines - accreditation of physicians7
and other medical providers - mental health provider qualifications8
- mileage reimbursement - rules - definitions - repeal.9
(3) (a) (I) (A) The director shall establish a schedule fixing the fees for10
which all surgical, hospital, dental, nursing, vocational rehabilitation, and11
medical services, whether related to treatment or not, pertaining to injured12
employees under this section shall be compensated. It is unlawful, void,13
and unenforceable as a debt for any A physician, chiropractor, hospital,14
person, expert witness, reviewer, evaluator, or institution to contract with,15
bill, or charge any party for services, rendered in connection with injuries16
coming within the purview of this article ARTICLE 42 or an applicable fee17
schedule, which THAT are or may be in excess of said THE fee schedule18
unless such charges are approved by the director. Fee schedules shall be19
reviewed on or before July 1 of each year by the director, and appropriate20
health-care practitioners shall be given a reasonable opportunity to be21
heard as required pursuant to section 24-4-103 C.R.S., prior to fixing the22
fees; impairment rating guidelines, which shall be based on the revised23
third edition of the "American Medical Association Guides to the24
Evaluation of Permanent Impairment", in effect as of July 1, 1991; and25
medical treatment guidelines and utilization standards. Fee schedules26
established pursuant to this subparagraph (I) SUBSECTION (3)(a)(I) shall27
1300
-6- take effect on January 1. The director shall promulgate ADOPT rules1
concerning reporting requirements, penalties for failure to report correctly2
or in a timely manner, utilization control requirements for services3
provided under this section, and the accreditation process
DESCRIBED in4
subsection (3.6) of this section. The fee schedule shall apply
APPLIES to5
all surgical, hospital, dental, nursing, vocational rehabilitation, and6
medical services and to expert witness, expert reviewer, or expert7
evaluator services, whether related to treatment or not, provided after any8
final order, final admission, or full or partial settlement of the claim.9
(B) A
N EMPLOYER OR THE EMPLOYER 'S INSURER SHALL USE THE10
DIVISION'S UTILIZATION STANDARDS WHEN RESPONDING TO A REQUEST11
FOR AUTHORIZATION FROM A TREATING PHYSICIAN . IF AN EMPLOYER OR12
THE EMPLOYER'S INSURER FAILS TO ACT IN ACCORDANCE WITH THE13
DIVISION'S UTILIZATION STANDARDS WHEN REVIEWING A REQUEST FOR14
AUTHORIZATION, THE DIRECTOR MAY DEEM THE SERVICES PROVIDED BY15
AN AUTHORIZED TREATING PHYSICIAN AS AUTHORIZED , REASONABLE, AND16
NECESSARY AND REQUIRE PAYMENT FOR THE SERVICES BY THE EMPLOYER17
OR THE EMPLOYER'S INSURER.18
(5) If any party files an application for hearing on whether the
A19
claimant is entitled to medical maintenance benefits recommended by an20
authorized treating physician that are unpaid and contested, and any21
requested medical maintenance benefit is admitted fewer than twenty22
days before the hearing or ordered after application for hearing is filed,23
the court shall award the claimant all reasonable costs incurred in24
pursuing the medical benefit. Such costs do not include attorney fees.25
26
SECTION 3. In Colorado Revised Statutes, 8-43-404, amend27
1300
-7- (5)(a) and (10)(b) as follows:1
8-43-404. Examination - refusal - personal responsibility -2
physicians to testify and furnish results - injured worker right to3
select treating physician - injured worker right to third-party4
communications - rules. (5) (a) (I) (A) In all cases of injury, the5
employer or insurer shall provide a list of at least four physicians or four6
corporate medical providers or at least two physicians and two corporate7
medical providers or a combination thereof where available, in the first8
instance, from which list an injured employee may select the physician9
who attends the injured employee. At least one of the four designated10
physicians or corporate medical providers offered must be at a distinct11
location from the other three designated physicians or corporate medical12
providers without common ownership. If there are not at least two13
physicians or corporate medical providers at distinct locations without14
common ownership within thirty miles of the employer's place of15
business, then an employer may designate physicians or corporate medical16
providers at the same location or with shared ownership interests. Upon17
request by an interested party to the workers' compensation claim, a18
designated provider on the employer's list shall provide a list of19
ownership interests and employment relationships, if any, to the20
requesting party within five days of the receipt of the request. If the21
services of a physician are not tendered at the time of injury, the22
employee shall have the right to select a physician or chiropractor. For23
purposes of this section, "corporate medical provider" means a medical24
organization in business as a sole proprietorship, professional25
corporation, or partnership IMMEDIATELY UPON RECEIPT OF NOTICE OF AN26
ON-THE-JOB INJURY FROM AN EMPLOYEE WHO IS A RESIDENT OF27
1300
-8- COLORADO, BUT NOT MORE THAN SEVEN BUSINESS DAYS AFTER RECEIPT1
OF NOTICE OF THE ON-THE-JOB INJURY, AN EMPLOYER OR INSURER SHALL,2
IN WRITTEN VERIFIED FORM, NOTIFY THE INJURED EMPLOYEE OF THE3
INJURED EMPLOYEE'S RIGHT TO DESIGNATE A TREATING PHYSICIAN AND4
NOTIFY THE INJURED EMPLOYEE WHERE TO ACCESS THE DIVISION 'S LIST OF5
LEVEL I AND LEVEL II ACCREDITED PHYSICIANS. THE DIRECTOR SHALL6
CREATE A FORM TO IMPLEMENT THE PROCEDURE TO DESIGNATE A7
PHYSICIAN. THE EMPLOYEE MAY DESIGNATE ONLY A LEVEL I OR LEVEL II8
ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO MEDICAL9
P
RACTICE ACT", ARTICLE 240 OF TITLE 12, AS THE EMPLOYEE 'S10
AUTHORIZED TREATING PHYSICIAN .
THE AUTHORIZED TREATING11
PHYSICIAN DESIGNATED BY THE EMPLOYEE MUST BE WITHIN SEVENTY12
MILES OF THE EMPLOYEE'S WORK OR HOME ADDRESS, UNLESS THERE ARE13
THREE OR FEWER LEVEL I OR LEVEL II ACCREDITED PHYSICIANS WITHIN14
SEVENTY MILES OF THE EMPLOYEE'S WORK OR HOME ADDRESS WHO ARE15
WILLING TO TREAT THE INJURED EMPLOYEE. IF THERE ARE THREE OR16
FEWER LEVEL I OR LEVEL II ACCREDITED PHYSICIANS WITHIN SEVENTY17
MILES OF THE EMPLOYEE'S WORK OR HOME ADDRESS WHO ARE WILLING TO18
TREAT THE INJURED EMPLOYEE, THEN THE AUTHORIZED TREATING19
PHYSICIAN DESIGNATED BY THE EMPLOYEE MUST BE WITHIN ONE HUNDRED20
MILES OF THE EMPLOYEE'S WORK OR HOME ADDRESS. AN ACCREDITED21
PHYSICIAN IS PRESUMED WILLING TO TREAT AN INJURED WORKER UNLESS22
THE PHYSICIAN INDICATES THE CONTRARY TO A PARTY. THE EMPLOYEE23
MUST DESIGNATE THE TREATING PHYSICIAN IN WRITING ON THE FORM24
PRESCRIBED BY THE DIRECTOR. THE EMPLOYEE MAY MAKE ONE TREATING25
PHYSICIAN DESIGNATION ON THE FORM PRESCRIBED BY THE DIRECTOR ANY26
TIME AFTER THE ON-THE-JOB INJURY BUT BEFORE BEING PLACED AT27
1300
-9- MAXIMUM MEDICAL IMPROVEMENT . IF THE EMPLOYEE DECLINES TO1
DESIGNATE A PHYSICIAN WITHIN SEVEN BUSINESS DAYS AFTER RECEIPT OF2
NOTICE OF THE RIGHT TO DESIGNATE IN WRITTEN VERIFIED FORM , AN3
EMPLOYER OR INSURER MAY DESIGNATE ONLY A LEVEL I OR LEVEL II4
ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO MEDICAL5
P
RACTICE ACT", ARTICLE 240 OF TITLE 12, AS THE EMPLOYEE 'S6
AUTHORIZED TREATING PHYSICIAN . THE EMPLOYEE MAY SUBSEQUENTLY7
DESIGNATE A PHYSICIAN CONSISTENT WITH THIS SUBSECTION (5)(a)(I)(A).8
T
HE PHYSICIAN DESIGNATED BY THE EMPLOYER OR INSURER AND THE9
PHYSICIAN DESIGNATED BY THE EMPLOYEE SHALL COMPLY WITH10
SUBSECTION (5)(a)(IV)(A) OF THIS SECTION.
FOR AN INJURED EMPLOYEE11
WHO IS NOT A RESIDENT OF COLORADO, AS SOON AS POSSIBLE, BUT NO12
LATER THAN TEN BUSINESS DAYS AFTER THE RECEIPT OF A NOTICE OF AN13
ON-THE-JOB INJURY, AN EMPLOYER OR INSURER SHALL DESIGNATE A14
TREATING PHYSICIAN AND NOTIFY THE EMPLOYEE OF THE DESIGNATION IN15
WRITING. THE TREATING PHYSICIAN MUST BE WITHIN ONE HUNDRED MILES16
OF THE EMPLOYEE'S HOME ADDRESS. IF THE EMPLOYER OR INSURER17
DECLINES TO DESIGNATE A PHYSICIAN WITHIN THE TEN-BUSINESS-DAY18
TIME PERIOD, THE EMPLOYEE MAY DESIGNATE A TREATING PHYSICIAN19
WITHIN ONE HUNDRED MILES OF THE EMPLOYEE'S HOME ADDRESS IN20
WRITING TO THE EMPLOYER OR THROUGH ATTENDANCE AT AN21
APPOINTMENT WITH THE EMPLOYEE 'S DESIGNATED PHYSICIAN.22
(B) If there are fewer than four physicians or corporate medical23
providers within thirty miles of the employer's place of business who are24
willing to treat an injured employee, the employer or insurer may instead25
designate one physician or one corporate medical provider, and26
subparagraphs (III) and (IV) of this paragraph (a) shall not apply. A27
1300
-10- physician is presumed willing to treat injured workers unless he or she1
indicates to the employer or insurer to the contrary IN AN EMERGENCY2
SITUATION, AN INJURED EMPLOYEE SHALL BE TAKEN TO ANY PHYSICIAN OR3
HEALTH-CARE FACILITY THAT IS ABLE TO PROVIDE THE NECESSARY CARE .4
W
HEN EMERGENCY CARE IS NO LONGER REQUIRED , SUBSECTION5
(5)(a)(I)(A)
OF THIS SECTION APPLIES. IMMEDIATELY UPON RECEIPT OF6
NOTICE THAT EMERGENCY CARE IS NO LONGER REQUIRED , BUT NOT MORE7
THAN SEVEN BUSINESS DAYS AFTER RECEIPT OF NOTICE THAT EMERGENCY8
CARE IS NO LONGER REQUIRED , AN EMPLOYER OR INSURER SHALL , IN9
WRITTEN VERIFIED FORM, NOTIFY THE INJURED EMPLOYEE OF THE INJURED10
EMPLOYEE'S RIGHT TO DESIGNATE A TREATING PHYSICIAN AND NOTIFY THE11
INJURED EMPLOYEE WHERE TO ACCESS THE DIVISION 'S LIST OF LEVEL I AND12
LEVEL II ACCREDITED PHYSICIANS.13
(C) If there are more than three physicians or corporate medical
14
providers, but fewer than nine physicians or corporate medical providers15
within thirty miles of the employer's place of business who are willing to16
treat an injured employee, the employer or insurer may instead designate17
two physicians or two corporate medical providers or any combination18
thereof. The two designated providers shall be at two distinct locations19
without common ownership. If there are not two providers at two distinct20
locations without common ownership within thirty miles of the21
employer's place of business, then an employer may designate two22
providers at the same location or with shared ownership interests. Upon23
request by an interested party to the workers' compensation claim, a24
designated provider on the employer's list shall provide a list of25
ownership interests and employment relationships, if any, to the26
requesting party within five days of the receipt of the request.27
1300
-11- (D) Except as otherwise provided by sub-subparagraph (E) of this1
subparagraph (I), any party may request an expedited hearing on the issue2
of whether the employer or insurer provided a list in compliance with this3
subsection (5) if the application for expedited hearing is filed within4
forty-five days after the claimant provides notice of the injury to the5
employer.6
(E) If the insurer or self-insured employer admits liability for the7
claim, any party may request an expedited hearing on the issue of whether8
the employer or insurer provided a list in compliance with this subsection9
(5) if the application for expedited hearing is filed within forty-five days10
after the initial admission of liability for the claim. The director shall set11
any expedited matter for hearing within sixty days after the date of the12
application. The time schedule for an expedited hearing is subject to the13
extensions set forth in section 8-43-209. If the party elects not to request14
an expedited hearing under this subsection (5), the time schedule for15
hearing the matter is as set forth in section 8-43-209.16
(II) (A) If the employer is a health-care provider or a17
governmental entity that currently has its own occupational health-care18
provider system, the employer may designate health-care providers from19
within its own system and is not required to provide an alternative20
physician or corporate medical provider from outside its own system.21
(B) If the employer has its own on-site health-care facility, the22
employer may designate such on-site health-care facility as the authorized23
treating physician, but the employer shall comply with subparagraph (III)24
of this paragraph (a). For purposes of this sub-subparagraph (B), "on-site25
health-care facility" means an entity that meets all applicable state26
requirements to provide health-care services on the employer's premises.27
1300
-12- (III) (II) An employee may obtain a one-time change in the1
designated authorized treating physician under this section by providing2
notice that meets the following requirements:3
(A) The notice is provided within ninety ONE HUNDRED TWENTY4
days after the date of the injury EMPLOYEE'S FIRST PHYSICIAN5
DESIGNATION, but before the injured worker EMPLOYEE reaches maximum6
medical improvement;7
(B) The notice is in writing and submitted on a form designated8
by the director. The notice provided in this subparagraph (III) shall9
SUBSECTION (5)(a)(II) MUST also simultaneously serve as a request and10
authorization to the initially authorized treating physician to release all11
relevant medical records to the newly authorized treating physician.12
(C) The notice is directed to the insurance carrier INSURER or to13
the employer's authorized representative, if self-insured, and to the14
initially authorized treating physician and is deposited in the United States15
mail or hand-delivered to the employer, who shall notify the insurance16
carrier INSURER, if necessary, and the initially authorized treating17
physician;18
(D) The new physician is on the employer's designated list or19
provides medical services for a designated corporate medical provider on20
the list A LEVEL I OR LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER21
THE "COLORADO MEDICAL PRACTICE ACT", ARTICLE 240 OF TITLE 12;22
AND23
(E) The transfer of medical care does not pose a threat to the24
health or safety of the injured employee.25
(F) (III) An insurance carrier INSURER, or an employer's26
authorized representative if the employer is self-insured, shall track how27
1300
-13- often injured employees change their authorized treating physician1
pursuant to this subparagraph (III) SUBSECTION (5)(a)(II) OF THIS SECTION2
and shall report such information to the division upon request.3
(IV) (A) When an injured employee changes his or her THEIR4
designated authorized treating physician, the newly authorized treating5
physician shall make a reasonable effort to avoid any unnecessary6
duplication of medical services.7
(B) The originally authorized treating physician shall send all8
medical records in his or her THEIR possession pertaining to the injured9
employee to the newly authorized treating physician within seven10
calendar days after receiving a request for medical records from the newly11
authorized treating physician.12
(C) The originally authorized treating physician shall continue as13
the authorized treating physician for the injured employee until the14
injured employee's initial visit with the newly authorized treating15
physician, at which time the treatment relationship with the initially16
authorized treating physician shall terminate TERMINATES.17
(D) The opinion of the originally authorized treating physician18
regarding work restrictions and return to work shall control CONTROLS19
unless and until such opinion is expressly modified by the newly20
authorized treating physician.21
(E) The newly authorized treating physician shall be presumed to22
have consented to treat the injured employee unless the newly authorized23
treating physician expressly refuses in writing within five days after the24
date of the notice to change authorized treating physicians. If the newly25
authorized treating physician refuses to treat the injured employee, the26
employee may return to the employer to request an alternative authorized27
1300
-14- treating physician If the employer does not provide an alternative1
authorized treating physician within five days after the employee's2
request, rules established by the division shall control WHO IS A LEVEL I3
OR LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO4
M
EDICAL PRACTICE ACT", ARTICLE 240 OF TITLE 12.5
(V) If the
AN authorized treating physician moves from one6
facility to another, or from one corporate medical provider to another, an7
injured employee may continue care with the authorized treating8
physician, and the original facility or corporate medical provider shall9
provide the injured employee's medical records to the authorized treating10
physician within seven days after receipt of a request for medical records11
from the authorized treating physician.12
(VI) (A) In addition to the one-time change of physician allowed13
in subparagraph (III) of this paragraph (a) SUBSECTION (5)(a)(II) OF THIS14
SECTION, upon written request to the insurance carrier INSURER or to the15
employer's authorized representative if
THE EMPLOYER IS self-insured, an16
injured employee may procure written permission to have a personal17
physician or chiropractor treat the employee. The
EMPLOYEE MUST18
COMPLETE THE written request must be completed
on a form that is19
prescribed by the director. If permission is neither granted nor refused20
THE EMPLOYER OR INSURER NEITHER GRANTS NOR REFUSES THE21
PERMISSION REQUEST within twenty days after the date of the certificate22
of service of the request form, the employer or insurance carrier shall be23
INSURER IS deemed to have waived any objection to the employee's24
request. I
F THE EMPLOYER OR INSURER OBJECTS TO THE REQUEST , THE25
EMPLOYER OR INSURER SHALL MAKE THE objection shall be
in writing on26
a form prescribed by the director and shall be served SERVE THE WRITTEN27
1300
-15- OBJECTION on the employee or, if represented, the employee's authorized1
representative within twenty days after the date of the certificate of2
service of the request form. An insurance carrier INSURER, or an3
employer's authorized representative if
THE EMPLOYER IS self-insured,4
shall track how often an injured employee requests to change his or her
5
THE EMPLOYEE'S physician and how often such change is granted or6
denied and shall report such information to the division upon request.7
Upon the proper showing to the division, the employee may procure the8
division's permission at any time to have a physician of the employee's9
selection treat the employee, and in any nonsurgical case the employee,10
with such permission, in lieu of medical aid, may procure any nonmedical11
treatment recognized by the laws of this state as legal. The practitioner12
administering the treatment shall receive fees under the medical13
provisions of articles 40 to 47 of this title TITLE 8 as specified by the14
division.15
(B) If an injured employee is permitted to change physicians16
under sub-subparagraph (A) of this subparagraph (VI) SUBSECTION17
(5)(a)(VI)(A)
OF THIS SECTION resulting in a new authorized treating18
physician who will provide primary care for the injury, then the19
previously authorized treating physician providing primary care shall20
continue as the authorized treating physician providing primary care for21
the injured employee until the injured employee's initial visit with the22
newly authorized treating physician, at which time the treatment23
relationship with the previously authorized treating physician providing24
primary care is terminated.25
(C) Nothing in this subparagraph (VI)
SUBSECTION (5)(a)(VI)26
precludes any former authorized treating physician from performing an27
1300
-16- examination under subsection (1) of this section.1
(D) If an injured employee is permitted to change physicians2
pursuant to sub-subparagraph (A) of this subparagraph (VI) SUBSECTION3
(5)(a)(VI)(A)
OF THIS SECTION resulting in a new authorized treating4
physician who will provide primary care for the injury, then the opinion5
of the previously authorized treating physician providing primary care6
regarding work restrictions and return to work controls unless that7
opinion is expressly modified by the newly authorized treating physician.8 (VII) AN ATTORNEY REPRESENTING AN INJURED EMPLOYEE SHALL9
NOT REFER THE INJURED EMPLOYEE TO AN AUTHORIZED TREATING10
PHYSICIAN OR PHYSICIAN PRACTICE IN WHICH THE ATTORNEY HAS AN11
OWNERSHIP INTEREST OR OTHER FINANCIAL INTEREST .12
(10) (b) If the AN insurer or self-insured employer receives written13
notice pursuant to paragraph (a) of this subsection (10) SUBSECTION14
(10)(a)
OF THIS SECTION, or if the insurer or self-insured employer and the15
authorized treating physician receive written notice by certified mail,16
return receipt requested, from the
AN injured employee or the injured17
employee's legal representative that an authorized physician refused to18
provide medical treatment to the injured employee or discharged the19
injured employee from medical care for nonmedical reasons when such20
THE injured employee requires medical treatment to cure or relieve the21
effects of the work injury, and there is no other authorized physician22
willing to provide medical treatment, then the insurer or self-insured23
employer shall, within fifteen calendar days from AFTER receiving the24
written notice, designate a new authorized physician willing to provide25
medical treatment. If the insurer or self-insured employer fails to26
designate a new physician pursuant to this paragraph (b), then the injured27
1300
-17- employee may select the physician who attends to the injured employee1
ADVISE THE INJURED EMPLOYEE IN WRITING THAT THE INJURED EMPLOYEE2
MAY DESIGNATE A NEW LEVEL I OR LEVEL II ACCREDITED PHYSICIAN3
LICENSED UNDER THE "COLORADO MEDICAL PRACTICE ACT", ARTICLE 2404
OF TITLE 12, AS THE EMPLOYEE'S NEW AUTHORIZED TREATING PHYSICIAN .5
T
HE EMPLOYEE MUST DESIGNATE THE NEW TREATING PHYSICIAN IN6
WRITING ON THE FORM PRESCRIBED BY THE DIRECTOR .7
SECTION
4. Act subject to petition - effective date -8
applicability. (1) This act takes effect January 1, 2026; except that, if a9
referendum petition is filed pursuant to section 1 (3) of article V of the10
state constitution against this act or an item, section, or part of this act11
within the ninety-day period after final adjournment of the general12
assembly, then the act, item, section, or part will not take effect unless13
approved by the people at the general election to be held in November14
2026 and, in such case, will take effect on the date of the official15
declaration of the vote thereon by the governor.16
(2) This act applies to workers' compensation claims filed on or17
after the applicable effective date of this act.18
1300
-18-