Colorado 2025 Regular Session

Colorado House Bill HB1300 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0319.01 Kristen Forrestal x4217
8	8		HOUSE BILL 25-1300
9	9		House Committees Senate Committees
10	10		Business Affairs & Labor
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING CLAIMANTS ' ACCESS TO MEDICAL CARE IN WORKERS '101
14	14		COMPENSATION CLAIMS , AND, IN CONNECTION THEREWITH ,102
15	15		REQUIRING AN EMPLOYER OR THE EMPLOYER 'S INSURER TO USE103
16	16		THE DIVISION OF WORKERS ' COMPENSATION'S UTILIZATION104
17	17		STANDARDS AND CHANGING THE MECHANISM BY WHICH A105
18	18		CLAIMANT CAN CHOOSE A TREATING PHYSICIAN .106
19	19		Bill Summary
20	20		(Note: This summary applies to this bill as introduced and does
21	21		not reflect any amendments that may be subsequently adopted. If this bill
22	22		passes third reading in the house of introduction, a bill summary that
23	23		applies to the reengrossed version of this bill will be available at
24	24		http://leg.colorado.gov
25	25		.)
26	26		In a dispute in a workers' compensation claim, current law requires
27	27		HOUSE
28		-	3rd Reading Unamended
29		-	April 14, 2025
30		-	HOUSE
31	28		Amended 2nd Reading
32	29		April 3, 2025
33	30		HOUSE SPONSORSHIP
34		-	Willford, Bacon, Brown, Froelich, Garcia, Jackson, Lieder, Lindsay, Mabrey, Marshall,
35		-	Titone, Woodrow, Zokaie
	31	+	Willford,
36	32		SENATE SPONSORSHIP
37	33		Kipp,
38	34		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
39	35		Capital letters or bold & italic numbers indicate new material to be added to existing law.
40	36		Dashes through the words or numbers indicate deletions from existing law. a claimant to prove, by a preponderance of the evidence, the claimant's
41	37		entitlement to medical benefits. When the dispute concerns whether the
42	38		medical treatment recommended by an authorized treating physician is
43	39		reasonable, necessary, and related to the claimant's injury, the bill shifts
44	40		the burden of proof from the claimant to the claimant's employer or the
45	41		employer's workers' compensation insurer.
46	42		The bill provides injured workers control over the selection of
47	43		their primary treating physician in workers' compensation cases, allowing
48	44		them to choose from any level I or level II accredited physician through
49	45		the division of workers' compensation. The bill creates the mechanism by
50	46		which an injured worker may select the treating physician and requires
51	47		the employer or insurer to choose the physician when an injured worker
52	48		is unable or unwilling to select the treating physician.
53	49		Be it enacted by the General Assembly of the State of Colorado:1
54	50		SECTION 1. Legislative declaration. (1) The general assembly2
55	51		finds that:3
56	52		(a) Without workers, no products are made, no meals are served,4
57	53		no goods are transported, no ski areas operate, no medical care is5
58	54		provided, no fires are fought, and no highways stay safe. Workers are the6
59	55		backbone of Colorado. When a worker is hurt, Colorado's backbone is7
60	56		weakened.8
61	57		(b) Colorado's workers' compensation act, referred to in this9
62	58		section as the "workers' act", was enacted in 1915, and it opens with an10
63	59		unequivocal declaration of intent that can be summarized as assuring the11
64	60		quick and efficient delivery of disability and medical benefits to injured12
65	61		workers at a reasonable cost, without the necessity of litigation;13
66	62		(c) In 1991, Colorado Senate Bill 91-218 drastically altered the14
67	63		workers' compensation system, undermining the intent of the workers' act15
68	64		set forth by the general assembly in 1915. Thirty-four years after those16
69	65		amendments, we still have a workers' compensation system weighted17
70	66		heavily against injured workers and in favor of insurance companies, as18
71	67		1300-2- evidenced by:1
72	68		(I) Injured workers in Colorado lack basic agency to choose who2
73	69		treats their injuries. When a worker is hurt on the job, the employer and3
74	70		its insurer have control over the primary doctor assigned. Once a primary4
75	71		physician is assigned, that physician's referrals to other medical5
76	72		specialists and therapists are also subject to denial by employers and their6
77	73		insurers.7
78	74		(II) AFTER SUFFERING AN INDUSTRIAL INJURY, A WORKER NEEDS8
79	75		TO BE EDUCATED REGARDING HOW TO FILE A CLAIM AND HOW TO SEEK9
80	76		TREATMENT THROUGH THE WORKERS ' COMPENSATION SYSTEM .10
81	77		EMPLOYERS, AS THE FIRST LINE OF COMMUNICATION WITH AN INJURED11
82	78		WORKER, ARE ENCOURAGED OR OBLIGATED TO PROVIDE THAT EDUCATION12
83	79		AND INFORMATION TO EACH WORKER .13
84	80		(III) Even after an employer and insurer direct a worker to seek14
85	81		treatment with a specific physician or physicians, they can deny the15
86	82		medical care that a physician recommends as unreasonable or16
87	83		unnecessary. When such a dispute arises, it is the worker who bears the17
88	84		burden of proof in court.18
89	85		(IV) While employers and insurers are directed to follow the19
90	86		state's utilization standards in making determinations regarding the20
91	87		authorization or denial of medical care, they often fail to do so. When21
92	88		they do fail, there is no expeditious recourse for workers. The division of22
93	89		workers' compensation in the department of labor and employment does23
94	90		not have clear authority to rule on issues surrounding an employer or their24
95	91		insurer's violation of the utilization standards.25
96	92		(V) MANY COLORADO EMPLOYERS USE THIRD-PARTY26
97	93		ADMINISTRATORS AND INSURANCE PROVIDERS TO HANDLE THEIR27
98	94		1300
99	95		-3- WORKERS' COMPENSATION CLAIMS. THE THIRD-PARTY ADMINISTRATORS1
100	96		ARE OFTEN LOCATED OUTSIDE THE STATE AND ARE A STEP REMOVED FROM2
101	97		AN INJURED WORKER. AS A RESULT OF THE SEPARATION, THIRD-PARTY3
102	98		ADMINISTRATORS DELAY AND DENY CARE WITH MORE FREQUENCY THAN4
103	99		WORKERS' COMPENSATION INSURERS. THE WORKERS' COMPENSATION5
104	100		SYSTEM SHOULD TAKE ACTION TO ENSURE THAT THIRD-PARTY6
105	101		ADMINISTRATORS ARE BEING HELD TO THE SAME STANDARD AS INSURERS.7
106	102		(VI) Workers whose injuries are severe enough to lead to wage8
107	103		loss or permanent impairment, or both, are limited in recovering their9
108	104		economic losses by arbitrary benefit caps. Those caps most significantly10
109	105		and wrongfully impact workers whose injuries are severe.11
110	106		(VII) Benefits payable to injured workers for permanent12
111	107		impairment are paid unequally. While some permanent disabilities are13
112	108		paid through a holistic lens based on the permanency of the workers'14
113	109		symptoms, lost income, and an inability to work or complete activities of15
114	110		daily living, others are paid according to an arbitrary schedule of benefits.16
115	111		The schedule of benefits almost always results in less compensation for17
116	112		injured workers, even in instances of severe disability.18
117	113		(VIII) Injured workers who are entitled to permanent impairment19
118	114		benefits must wait months or even years to fully collect their award. By20
119	115		default, employers and their insurers are allowed to pay those benefits21
120	116		over time, and if a worker wants the benefit paid in full without delay,22
121	117		they must pay a discount charge to the insurer.23
122	118		(IX) Workers who are the most severely injured and therefore24
123	119		unable to return to similar or "suitable" employment following an25
124	120		industrial injury are not owed any additional monetary benefit under the26
125	121		current scheme. Since the 1991 changes to the workers' act, to obtain27
126	122		1300
127	123		-4- permanent total disability in Colorado, a worker must be "unable to earn1
128	124		any wage". This standard has rendered permanent total disability benefits2
129	125		nearly obsolete.3
130	126		(X) Despite the fact that an injured worker is the first-party4
131	127		insured of their employer's workers' compensation insurer, meaning that5
132	128		the insurer is prohibited from the unreasonable delay or denial of benefits,6
133	129		workers do not have access to the normal statutory remedies available for7
134	130		the unfair claims handling practices of a workers' compensation insurer.8
135	131		This emboldens Colorado workers' compensation insurers to engage in9
136	132		deceptive, unfair, unreasonable, and frivolous practices in the handling10
137	133		of claims.11
138	134		(XI) All workers deserve the best care when injured. The state of12
139	135		Colorado, as an employer, should make every effort to obtain workers'13
140	136		compensation coverage with the worker experience in mind. Pinnacol is14
141	137		the top-rated workers' compensation insurer by workers and is already a15
142	138		quasi-state agency. The state should contract with Pinnacol for coverage,16
143	139		rather than other third parties, many of which are out-of-state entities17
144	140		without a connection to Colorado and are not subject to the same18
145	141		transparency and financial disclosure requirements as Pinnacol.19
146	142		(d) In contrast to the hardships faced by injured workers since20
147	143		1991, Colorado's workers' compensation insurers are enjoying21
148	144		unprecedented economic success, posting profit margins higher than any22
149	145		other type of insurance in Colorado.23
150	146		(2) The general assembly declares that:24
151	147		(a) The playing field must be leveled and the workers' act must be25
152	148		returned to a mechanism with the functionality of its original intent; and26
153	149		(b) With this act, the state of Colorado hopes to alleviate a portion27
154	150		1300
155	151		-5- of the inequities set forth in this section but acknowledges that additional1
156	152		change must be made in the coming years.2
157	153		SECTION 2. In Colorado Revised Statutes, 8-42-101, amend3
158	154		(3)(a)(I) and (5) as follows:4
159	155		8-42-101. Employer must furnish medical aid - approval of5
160	156		plan - fee schedule - contracting for treatment - no recovery from6
161	157		employee - medical treatment guidelines - accreditation of physicians7
162	158		and other medical providers - mental health provider qualifications8
163	159		- mileage reimbursement - rules - definitions - repeal.9
164	160		(3) (a) (I) (A) The director shall establish a schedule fixing the fees for10
165	161		which all surgical, hospital, dental, nursing, vocational rehabilitation, and11
166	162		medical services, whether related to treatment or not, pertaining to injured12
167	163		employees under this section shall be compensated. It is unlawful, void,13
168	164		and unenforceable as a debt for any A physician, chiropractor, hospital,14
169	165		person, expert witness, reviewer, evaluator, or institution to contract with,15
170	166		bill, or charge any party for services, rendered in connection with injuries16
171	167		coming within the purview of this article ARTICLE 42 or an applicable fee17
172	168		schedule, which THAT are or may be in excess of said THE fee schedule18
173	169		unless such charges are approved by the director. Fee schedules shall be19
174	170		reviewed on or before July 1 of each year by the director, and appropriate20
175	171		health-care practitioners shall be given a reasonable opportunity to be21
176	172		heard as required pursuant to section 24-4-103 C.R.S., prior to fixing the22
177	173		fees; impairment rating guidelines, which shall be based on the revised23
178	174		third edition of the "American Medical Association Guides to the24
179	175		Evaluation of Permanent Impairment", in effect as of July 1, 1991; and25
180	176		medical treatment guidelines and utilization standards. Fee schedules26
181	177		established pursuant to this subparagraph (I) SUBSECTION (3)(a)(I) shall27
182	178		1300
183	179		-6- take effect on January 1. The director shall promulgate ADOPT rules1
184	180		concerning reporting requirements, penalties for failure to report correctly2
185	181		or in a timely manner, utilization control requirements for services3
186	182		provided under this section, and the accreditation process
187	183		DESCRIBED in4
188	184		subsection (3.6) of this section. The fee schedule shall apply
189	185		APPLIES to5
190	186		all surgical, hospital, dental, nursing, vocational rehabilitation, and6
191	187		medical services and to expert witness, expert reviewer, or expert7
192	188		evaluator services, whether related to treatment or not, provided after any8
193	189		final order, final admission, or full or partial settlement of the claim.9
194	190		(B) A
195	191		N EMPLOYER OR THE EMPLOYER 'S INSURER SHALL USE THE10
196	192		DIVISION'S UTILIZATION STANDARDS WHEN RESPONDING TO A REQUEST11
197	193		FOR AUTHORIZATION FROM A TREATING PHYSICIAN . IF AN EMPLOYER OR12
198	194		THE EMPLOYER'S INSURER FAILS TO ACT IN ACCORDANCE WITH THE13
199	195		DIVISION'S UTILIZATION STANDARDS WHEN REVIEWING A REQUEST FOR14
200	196		AUTHORIZATION, THE DIRECTOR MAY DEEM THE SERVICES PROVIDED BY15
201	197		AN AUTHORIZED TREATING PHYSICIAN AS AUTHORIZED , REASONABLE, AND16
202	198		NECESSARY AND REQUIRE PAYMENT FOR THE SERVICES BY THE EMPLOYER17
203	199		OR THE EMPLOYER'S INSURER.18
204	200		(5) If any party files an application for hearing on whether the
205	201		A19
206	202		claimant is entitled to medical maintenance benefits recommended by an20
207	203		authorized treating physician that are unpaid and contested, and any21
208	204		requested medical maintenance benefit is admitted fewer than twenty22
209	205		days before the hearing or ordered after application for hearing is filed,23
210	206		the court shall award the claimant all reasonable costs incurred in24
211	207		pursuing the medical benefit. Such costs do not include attorney fees.25
212	208		26
213	209		SECTION 3. In Colorado Revised Statutes, 8-43-404, amend27
214	210		1300
215	211		-7- (5)(a) and (10)(b) as follows:1
216	212		8-43-404. Examination - refusal - personal responsibility -2
217	213		physicians to testify and furnish results - injured worker right to3
218	214		select treating physician - injured worker right to third-party4
219	215		communications - rules. (5) (a) (I) (A) In all cases of injury, the5
220	216		employer or insurer shall provide a list of at least four physicians or four6
221	217		corporate medical providers or at least two physicians and two corporate7
222	218		medical providers or a combination thereof where available, in the first8
223	219		instance, from which list an injured employee may select the physician9
224	220		who attends the injured employee. At least one of the four designated10
225	221		physicians or corporate medical providers offered must be at a distinct11
226	222		location from the other three designated physicians or corporate medical12
227	223		providers without common ownership. If there are not at least two13
228	224		physicians or corporate medical providers at distinct locations without14
229	225		common ownership within thirty miles of the employer's place of15
230	226		business, then an employer may designate physicians or corporate medical16
231	227		providers at the same location or with shared ownership interests. Upon17
232	228		request by an interested party to the workers' compensation claim, a18
233	229		designated provider on the employer's list shall provide a list of19
234	230		ownership interests and employment relationships, if any, to the20
235	231		requesting party within five days of the receipt of the request. If the21
236	232		services of a physician are not tendered at the time of injury, the22
237	233		employee shall have the right to select a physician or chiropractor. For23
238	234		purposes of this section, "corporate medical provider" means a medical24
239	235		organization in business as a sole proprietorship, professional25
240	236		corporation, or partnership IMMEDIATELY UPON RECEIPT OF NOTICE OF AN26
241	237		ON-THE-JOB INJURY FROM AN EMPLOYEE WHO IS A RESIDENT OF27
242	238		1300
243	239		-8- COLORADO, BUT NOT MORE THAN SEVEN BUSINESS DAYS AFTER RECEIPT1
244	240		OF NOTICE OF THE ON-THE-JOB INJURY, AN EMPLOYER OR INSURER SHALL,2
245	241		IN WRITTEN VERIFIED FORM, NOTIFY THE INJURED EMPLOYEE OF THE3
246	242		INJURED EMPLOYEE'S RIGHT TO DESIGNATE A TREATING PHYSICIAN AND4
247	243		NOTIFY THE INJURED EMPLOYEE WHERE TO ACCESS THE DIVISION 'S LIST OF5
248	244		LEVEL I AND LEVEL II ACCREDITED PHYSICIANS. THE DIRECTOR SHALL6
249	245		CREATE A FORM TO IMPLEMENT THE PROCEDURE TO DESIGNATE A7
250	246		PHYSICIAN. THE EMPLOYEE MAY DESIGNATE ONLY A LEVEL I OR LEVEL II8
251	247		ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO MEDICAL9
252	248		P
253	249		RACTICE ACT", ARTICLE 240 OF TITLE 12, AS THE EMPLOYEE 'S10
254	250		AUTHORIZED TREATING PHYSICIAN .
255	251		THE AUTHORIZED TREATING11
256	252		PHYSICIAN DESIGNATED BY THE EMPLOYEE MUST BE WITHIN SEVENTY12
257	253		MILES OF THE EMPLOYEE'S WORK OR HOME ADDRESS, UNLESS THERE ARE13
258	254		THREE OR FEWER LEVEL I OR LEVEL II ACCREDITED PHYSICIANS WITHIN14
259	255		SEVENTY MILES OF THE EMPLOYEE'S WORK OR HOME ADDRESS WHO ARE15
260	256		WILLING TO TREAT THE INJURED EMPLOYEE. IF THERE ARE THREE OR16
261	257		FEWER LEVEL I OR LEVEL II ACCREDITED PHYSICIANS WITHIN SEVENTY17
262	258		MILES OF THE EMPLOYEE'S WORK OR HOME ADDRESS WHO ARE WILLING TO18
263	259		TREAT THE INJURED EMPLOYEE, THEN THE AUTHORIZED TREATING19
264	260		PHYSICIAN DESIGNATED BY THE EMPLOYEE MUST BE WITHIN ONE HUNDRED20
265	261		MILES OF THE EMPLOYEE'S WORK OR HOME ADDRESS. AN ACCREDITED21
266	262		PHYSICIAN IS PRESUMED WILLING TO TREAT AN INJURED WORKER UNLESS22
267	263		THE PHYSICIAN INDICATES THE CONTRARY TO A PARTY. THE EMPLOYEE23
268	264		MUST DESIGNATE THE TREATING PHYSICIAN IN WRITING ON THE FORM24
269	265		PRESCRIBED BY THE DIRECTOR. THE EMPLOYEE MAY MAKE ONE TREATING25
270	266		PHYSICIAN DESIGNATION ON THE FORM PRESCRIBED BY THE DIRECTOR ANY26
271	267		TIME AFTER THE ON-THE-JOB INJURY BUT BEFORE BEING PLACED AT27
272	268		1300
273	269		-9- MAXIMUM MEDICAL IMPROVEMENT . IF THE EMPLOYEE DECLINES TO1
274	270		DESIGNATE A PHYSICIAN WITHIN SEVEN BUSINESS DAYS AFTER RECEIPT OF2
275	271		NOTICE OF THE RIGHT TO DESIGNATE IN WRITTEN VERIFIED FORM , AN3
276	272		EMPLOYER OR INSURER MAY DESIGNATE ONLY A LEVEL I OR LEVEL II4
277	273		ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO MEDICAL5
278	274		P
279	275		RACTICE ACT", ARTICLE 240 OF TITLE 12, AS THE EMPLOYEE 'S6
280	276		AUTHORIZED TREATING PHYSICIAN . THE EMPLOYEE MAY SUBSEQUENTLY7
281	277		DESIGNATE A PHYSICIAN CONSISTENT WITH THIS SUBSECTION (5)(a)(I)(A).8
282	278		T
283	279		HE PHYSICIAN DESIGNATED BY THE EMPLOYER OR INSURER AND THE9
284	280		PHYSICIAN DESIGNATED BY THE EMPLOYEE SHALL COMPLY WITH10
285	281		SUBSECTION (5)(a)(IV)(A) OF THIS SECTION.
286	282		FOR AN INJURED EMPLOYEE11
287	283		WHO IS NOT A RESIDENT OF COLORADO, AS SOON AS POSSIBLE, BUT NO12
288	284		LATER THAN TEN BUSINESS DAYS AFTER THE RECEIPT OF A NOTICE OF AN13
289	285		ON-THE-JOB INJURY, AN EMPLOYER OR INSURER SHALL DESIGNATE A14
290	286		TREATING PHYSICIAN AND NOTIFY THE EMPLOYEE OF THE DESIGNATION IN15
291	287		WRITING. THE TREATING PHYSICIAN MUST BE WITHIN ONE HUNDRED MILES16
292	288		OF THE EMPLOYEE'S HOME ADDRESS. IF THE EMPLOYER OR INSURER17
293	289		DECLINES TO DESIGNATE A PHYSICIAN WITHIN THE TEN-BUSINESS-DAY18
294	290		TIME PERIOD, THE EMPLOYEE MAY DESIGNATE A TREATING PHYSICIAN19
295	291		WITHIN ONE HUNDRED MILES OF THE EMPLOYEE'S HOME ADDRESS IN20
296	292		WRITING TO THE EMPLOYER OR THROUGH ATTENDANCE AT AN21
297	293		APPOINTMENT WITH THE EMPLOYEE 'S DESIGNATED PHYSICIAN.22
298	294		(B) If there are fewer than four physicians or corporate medical23
299	295		providers within thirty miles of the employer's place of business who are24
300	296		willing to treat an injured employee, the employer or insurer may instead25
301	297		designate one physician or one corporate medical provider, and26
302	298		subparagraphs (III) and (IV) of this paragraph (a) shall not apply. A27
303	299		1300
304	300		-10- physician is presumed willing to treat injured workers unless he or she1
305	301		indicates to the employer or insurer to the contrary IN AN EMERGENCY2
306	302		SITUATION, AN INJURED EMPLOYEE SHALL BE TAKEN TO ANY PHYSICIAN OR3
307	303		HEALTH-CARE FACILITY THAT IS ABLE TO PROVIDE THE NECESSARY CARE .4
308	304		W
309	305		HEN EMERGENCY CARE IS NO LONGER REQUIRED , SUBSECTION5
310	306		(5)(a)(I)(A)
311	307		OF THIS SECTION APPLIES. IMMEDIATELY UPON RECEIPT OF6
312	308		NOTICE THAT EMERGENCY CARE IS NO LONGER REQUIRED , BUT NOT MORE7
313	309		THAN SEVEN BUSINESS DAYS AFTER RECEIPT OF NOTICE THAT EMERGENCY8
314	310		CARE IS NO LONGER REQUIRED , AN EMPLOYER OR INSURER SHALL , IN9
315	311		WRITTEN VERIFIED FORM, NOTIFY THE INJURED EMPLOYEE OF THE INJURED10
316	312		EMPLOYEE'S RIGHT TO DESIGNATE A TREATING PHYSICIAN AND NOTIFY THE11
317	313		INJURED EMPLOYEE WHERE TO ACCESS THE DIVISION 'S LIST OF LEVEL I AND12
318	314		LEVEL II ACCREDITED PHYSICIANS.13
319	315		(C) If there are more than three physicians or corporate medical
320	316		14
321	317		providers, but fewer than nine physicians or corporate medical providers15
322	318		within thirty miles of the employer's place of business who are willing to16
323	319		treat an injured employee, the employer or insurer may instead designate17
324	320		two physicians or two corporate medical providers or any combination18
325	321		thereof. The two designated providers shall be at two distinct locations19
326	322		without common ownership. If there are not two providers at two distinct20
327	323		locations without common ownership within thirty miles of the21
328	324		employer's place of business, then an employer may designate two22
329	325		providers at the same location or with shared ownership interests. Upon23
330	326		request by an interested party to the workers' compensation claim, a24
331	327		designated provider on the employer's list shall provide a list of25
332	328		ownership interests and employment relationships, if any, to the26
333	329		requesting party within five days of the receipt of the request.27
334	330		1300
335	331		-11- (D) Except as otherwise provided by sub-subparagraph (E) of this1
336	332		subparagraph (I), any party may request an expedited hearing on the issue2
337	333		of whether the employer or insurer provided a list in compliance with this3
338	334		subsection (5) if the application for expedited hearing is filed within4
339	335		forty-five days after the claimant provides notice of the injury to the5
340	336		employer.6
341	337		(E) If the insurer or self-insured employer admits liability for the7
342	338		claim, any party may request an expedited hearing on the issue of whether8
343	339		the employer or insurer provided a list in compliance with this subsection9
344	340		(5) if the application for expedited hearing is filed within forty-five days10
345	341		after the initial admission of liability for the claim. The director shall set11
346	342		any expedited matter for hearing within sixty days after the date of the12
347	343		application. The time schedule for an expedited hearing is subject to the13
348	344		extensions set forth in section 8-43-209. If the party elects not to request14
349	345		an expedited hearing under this subsection (5), the time schedule for15
350	346		hearing the matter is as set forth in section 8-43-209.16
351	347		(II) (A) If the employer is a health-care provider or a17
352	348		governmental entity that currently has its own occupational health-care18
353	349		provider system, the employer may designate health-care providers from19
354	350		within its own system and is not required to provide an alternative20
355	351		physician or corporate medical provider from outside its own system.21
356	352		(B) If the employer has its own on-site health-care facility, the22
357	353		employer may designate such on-site health-care facility as the authorized23
358	354		treating physician, but the employer shall comply with subparagraph (III)24
359	355		of this paragraph (a). For purposes of this sub-subparagraph (B), "on-site25
360	356		health-care facility" means an entity that meets all applicable state26
361	357		requirements to provide health-care services on the employer's premises.27
362	358		1300
363	359		-12- (III) (II) An employee may obtain a one-time change in the1
364	360		designated authorized treating physician under this section by providing2
365	361		notice that meets the following requirements:3
366	362		(A) The notice is provided within ninety ONE HUNDRED TWENTY4
367	363		days after the date of the injury EMPLOYEE'S FIRST PHYSICIAN5
368	364		DESIGNATION, but before the injured worker EMPLOYEE reaches maximum6
369	365		medical improvement;7
370	366		(B) The notice is in writing and submitted on a form designated8
371	367		by the director. The notice provided in this subparagraph (III) shall9
372	368		SUBSECTION (5)(a)(II) MUST also simultaneously serve as a request and10
373	369		authorization to the initially authorized treating physician to release all11
374	370		relevant medical records to the newly authorized treating physician.12
375	371		(C) The notice is directed to the insurance carrier INSURER or to13
376	372		the employer's authorized representative, if self-insured, and to the14
377	373		initially authorized treating physician and is deposited in the United States15
378	374		mail or hand-delivered to the employer, who shall notify the insurance16
379	375		carrier INSURER, if necessary, and the initially authorized treating17
380	376		physician;18
381	377		(D) The new physician is on the employer's designated list or19
382	378		provides medical services for a designated corporate medical provider on20
383	379		the list A LEVEL I OR LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER21
384	380		THE "COLORADO MEDICAL PRACTICE ACT", ARTICLE 240 OF TITLE 12;22
385	381		AND23
386	382		(E) The transfer of medical care does not pose a threat to the24
387	383		health or safety of the injured employee.25
388	384		(F) (III) An insurance carrier INSURER, or an employer's26
389	385		authorized representative if the employer is self-insured, shall track how27
390	386		1300
391	387		-13- often injured employees change their authorized treating physician1
392	388		pursuant to this subparagraph (III) SUBSECTION (5)(a)(II) OF THIS SECTION2
393	389		and shall report such information to the division upon request.3
394	390		(IV) (A) When an injured employee changes his or her THEIR4
395	391		designated authorized treating physician, the newly authorized treating5
396	392		physician shall make a reasonable effort to avoid any unnecessary6
397	393		duplication of medical services.7
398	394		(B) The originally authorized treating physician shall send all8
399	395		medical records in his or her THEIR possession pertaining to the injured9
400	396		employee to the newly authorized treating physician within seven10
401	397		calendar days after receiving a request for medical records from the newly11
402	398		authorized treating physician.12
403	399		(C) The originally authorized treating physician shall continue as13
404	400		the authorized treating physician for the injured employee until the14
405	401		injured employee's initial visit with the newly authorized treating15
406	402		physician, at which time the treatment relationship with the initially16
407	403		authorized treating physician shall terminate TERMINATES.17
408	404		(D) The opinion of the originally authorized treating physician18
409	405		regarding work restrictions and return to work shall control CONTROLS19
410	406		unless and until such opinion is expressly modified by the newly20
411	407		authorized treating physician.21
412	408		(E) The newly authorized treating physician shall be presumed to22
413	409		have consented to treat the injured employee unless the newly authorized23
414	410		treating physician expressly refuses in writing within five days after the24
415	411		date of the notice to change authorized treating physicians. If the newly25
416	412		authorized treating physician refuses to treat the injured employee, the26
417	413		employee may return to the employer to request an alternative authorized27
418	414		1300
419	415		-14- treating physician If the employer does not provide an alternative1
420	416		authorized treating physician within five days after the employee's2
421	417		request, rules established by the division shall control WHO IS A LEVEL I3
422	418		OR LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO4
423	419		M
424	420		EDICAL PRACTICE ACT", ARTICLE 240 OF TITLE 12.5
425	421		(V) If the
426	422		AN authorized treating physician moves from one6
427	423		facility to another, or from one corporate medical provider to another, an7
428	424		injured employee may continue care with the authorized treating8
429	425		physician, and the original facility or corporate medical provider shall9
430	426		provide the injured employee's medical records to the authorized treating10
431	427		physician within seven days after receipt of a request for medical records11
432	428		from the authorized treating physician.12
433	429		(VI) (A) In addition to the one-time change of physician allowed13
434	430		in subparagraph (III) of this paragraph (a) SUBSECTION (5)(a)(II) OF THIS14
435	431		SECTION, upon written request to the insurance carrier INSURER or to the15
436	432		employer's authorized representative if
437	433		THE EMPLOYER IS self-insured, an16
438	434		injured employee may procure written permission to have a personal17
439	435		physician or chiropractor treat the employee. The
440	436		EMPLOYEE MUST18
441	437		COMPLETE THE written request must be completed
442	438		on a form that is19
443	439		prescribed by the director. If permission is neither granted nor refused20
444	440		THE EMPLOYER OR INSURER NEITHER GRANTS NOR REFUSES THE21
445	441		PERMISSION REQUEST within twenty days after the date of the certificate22
446	442		of service of the request form, the employer or insurance carrier shall be23
447	443		INSURER IS deemed to have waived any objection to the employee's24
448	444		request. I
449	445		F THE EMPLOYER OR INSURER OBJECTS TO THE REQUEST , THE25
450	446		EMPLOYER OR INSURER SHALL MAKE THE objection shall be
451	447		in writing on26
452	448		a form prescribed by the director and shall be served SERVE THE WRITTEN27
453	449		1300
454	450		-15- OBJECTION on the employee or, if represented, the employee's authorized1
455	451		representative within twenty days after the date of the certificate of2
456	452		service of the request form. An insurance carrier INSURER, or an3
457	453		employer's authorized representative if
458	454		THE EMPLOYER IS self-insured,4
459	455		shall track how often an injured employee requests to change his or her
460	456		5
461	457		THE EMPLOYEE'S physician and how often such change is granted or6
462	458		denied and shall report such information to the division upon request.7
463	459		Upon the proper showing to the division, the employee may procure the8
464	460		division's permission at any time to have a physician of the employee's9
465	461		selection treat the employee, and in any nonsurgical case the employee,10
466	462		with such permission, in lieu of medical aid, may procure any nonmedical11
467	463		treatment recognized by the laws of this state as legal. The practitioner12
468	464		administering the treatment shall receive fees under the medical13
469	465		provisions of articles 40 to 47 of this title TITLE 8 as specified by the14
470	466		division.15
471	467		(B) If an injured employee is permitted to change physicians16
472	468		under sub-subparagraph (A) of this subparagraph (VI) SUBSECTION17
473	469		(5)(a)(VI)(A)
474	470		OF THIS SECTION resulting in a new authorized treating18
475	471		physician who will provide primary care for the injury, then the19
476	472		previously authorized treating physician providing primary care shall20
477	473		continue as the authorized treating physician providing primary care for21
478	474		the injured employee until the injured employee's initial visit with the22
479	475		newly authorized treating physician, at which time the treatment23
480	476		relationship with the previously authorized treating physician providing24
481	477		primary care is terminated.25
482	478		(C) Nothing in this subparagraph (VI)
483	479		SUBSECTION (5)(a)(VI)26
484	480		precludes any former authorized treating physician from performing an27
485	481		1300
486	482		-16- examination under subsection (1) of this section.1
487	483		(D) If an injured employee is permitted to change physicians2
488	484		pursuant to sub-subparagraph (A) of this subparagraph (VI) SUBSECTION3
489	485		(5)(a)(VI)(A)
490	486		OF THIS SECTION resulting in a new authorized treating4
491	487		physician who will provide primary care for the injury, then the opinion5
492	488		of the previously authorized treating physician providing primary care6
493	489		regarding work restrictions and return to work controls unless that7
494	490		opinion is expressly modified by the newly authorized treating physician.8 (VII) AN ATTORNEY REPRESENTING AN INJURED EMPLOYEE SHALL9
495	491		NOT REFER THE INJURED EMPLOYEE TO AN AUTHORIZED TREATING10
496	492		PHYSICIAN OR PHYSICIAN PRACTICE IN WHICH THE ATTORNEY HAS AN11
497	493		OWNERSHIP INTEREST OR OTHER FINANCIAL INTEREST .12
498	494		(10) (b) If the AN insurer or self-insured employer receives written13
499	495		notice pursuant to paragraph (a) of this subsection (10) SUBSECTION14
500	496		(10)(a)
501	497		OF THIS SECTION, or if the insurer or self-insured employer and the15
502	498		authorized treating physician receive written notice by certified mail,16
503	499		return receipt requested, from the
504	500		AN injured employee or the injured17
505	501		employee's legal representative that an authorized physician refused to18
506	502		provide medical treatment to the injured employee or discharged the19
507	503		injured employee from medical care for nonmedical reasons when such20
508	504		THE injured employee requires medical treatment to cure or relieve the21
509	505		effects of the work injury, and there is no other authorized physician22
510	506		willing to provide medical treatment, then the insurer or self-insured23
511	507		employer shall, within fifteen calendar days from AFTER receiving the24
512	508		written notice, designate a new authorized physician willing to provide25
513	509		medical treatment. If the insurer or self-insured employer fails to26
514	510		designate a new physician pursuant to this paragraph (b), then the injured27
515	511		1300
516	512		-17- employee may select the physician who attends to the injured employee1
517	513		ADVISE THE INJURED EMPLOYEE IN WRITING THAT THE INJURED EMPLOYEE2
518	514		MAY DESIGNATE A NEW LEVEL I OR LEVEL II ACCREDITED PHYSICIAN3
519	515		LICENSED UNDER THE "COLORADO MEDICAL PRACTICE ACT", ARTICLE 2404
520	516		OF TITLE 12, AS THE EMPLOYEE'S NEW AUTHORIZED TREATING PHYSICIAN .5
521	517		T
522	518		HE EMPLOYEE MUST DESIGNATE THE NEW TREATING PHYSICIAN IN6
523	519		WRITING ON THE FORM PRESCRIBED BY THE DIRECTOR .7
524	520		SECTION
525	521		4. Act subject to petition - effective date -8
526	522		applicability. (1) This act takes effect January 1, 2026; except that, if a9
527	523		referendum petition is filed pursuant to section 1 (3) of article V of the10
528	524		state constitution against this act or an item, section, or part of this act11
529	525		within the ninety-day period after final adjournment of the general12
530	526		assembly, then the act, item, section, or part will not take effect unless13
531	527		approved by the people at the general election to be held in November14
532	528		2026 and, in such case, will take effect on the date of the official15
533	529		declaration of the vote thereon by the governor.16
534	530		(2) This act applies to workers' compensation claims filed on or17
535	531		after the applicable effective date of this act.18
536	532		1300
537	533		-18-