FEE SCHEDULE NEWS:

• The state has released an update to Rule 18 with an effective date of January 1, 2018. Rule 18 encompasses the Medical, Inpatient DRG and CCR, Outpatient, Dental, and Pathology/Laboratory fee schedules. The fee schedules are based on the 2017 CPT codes and descriptions. The next expected update is January 1, 2019.

REGULATORY ACTIVITY:

• New Maximum Compensation Benefit Rates become effective July 1, 2020. MAXIMUM COMPENSATION BENEFIT RATE: To qualify for the maximum rate of $1,074.22, a wage of at least $1,611.33 per week must be earned. SCHEDULED IMPAIRMENT RATE: Payable at a weekly compensation rate of $337.11. NON-SCHEDULED (OR MEDICAL) IMPAIRMENT: Payable at the TTD weekly rate, but not less than $150.00 per week and not more than $590.24 per week. BODILY DISFIGUREMENT: Maximum is $5,686.96 and up to $11,371.92 for extensive facial or body scars, burn scars or stumps resulting from the loss of limbs. LUMP SUMS: Maximum lump sum for an injured worker or sole dependent with a date of injury after January 1, 2014 is $99,094.93. For cases with multiple dependents, the aggregate of all lump sums cannot exceed $198,187.35. COMBINED CAPS: Maximum combined TTD and PPD benefits for individuals with 25% or less whole person impairment is $99,094.93. Maximum combined benefits for individuals with greater than 25% whole person impairment are $198,187.35. FATAL CASE: Maximum of $1,074.22 per week. Dependents Benefits: and the extent of their dependency is determined as of the date of injury. The right to death benefits becomes fixed as of that date except as provided in §8-41-501 (1) (c). Minimum Death Benefit: 25% of Maximum Weekly Benefit or $268.56. Claims with no dependents: $22,657.98 payable the Colorado Uninsured Employers Fund.
• The Division has adopted amendments to rule 7 CCR 1101-3 Workers' Compensation Rules of Procedure with Treatment Guidelines.  The amendment rules become effective July 1, 2020.
• The Division has posted an adopted emergency rule.  The purpose of this emergency regulation is to establish the procedures for Workers’ Compensation applicable during the state of emergency declared by the Governor due to COVID-19. The Division finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary for the preservation of public health, safety, or welfare as ensuring operation of the workers’ compensation system is imperative to preserve the health of the citizens of Colorado. Therefore, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.  As reported cases of COVID-19 increase, they place a significant strain upon medical resources.  These emergency rules are being promulgated to increase access to telehealth services in order to assure injured workers maintain access to reasonable and necessary medical care while complying with physical distancing guidelines and mandates.   COVID-19-related actions to promote physical distancing have disrupted workers’ ability to receive in-person care for their job-related injuries and illnesses. Continuity of care is essential to monitor the progress of recovery. Treatment delays impede recovery and may increase claims costs. Increasing reimbursement for remote services to levels equivalent to in-person care should promote use of these alternatives to in-office care. This rule supersedes and replaces the emergency rules adopted on March 24 and March 31, 2020.  The rules adopted on those dates are revoked.     To view this rule, go to https://www.colorado.gov/cdle/dwc .
• Posted notice of a rule hearing for Rule 18: Medical Fee Schedule to be held on July 20, 2020.  Due to the COVID 19 pandemic, this rule hearing will be held using Zoom.  Register in advance for this rule hearing at: https://zoom.us/meeting/register/tJ0td--trDorG9wpuBtv0kAH_nm0bEfaJd-u. To view this notice, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules .

LEGISLATIVE ACTIONS:

• Senate Bill 20-026 The bill states that, for the purpose of determining eligibility for workers' compensation benefits, a "psychologically traumatic event" includes an event that is within a worker's usual experience when the worker is diagnosed with post-traumatic stress disorder by a licensed psychiatrist or psychologist after: The worker visually or audibly, or both visually and audibly, witnesses a death, or the immediate aftermath of the death, of one or more people as the result of a violent event; or The worker repeatedly and either visually or audibly, or both visually and audibly, witnesses the serious bodily injury, or the immediate aftermath of the serious bodily injury, of one or more people as the result of the intentional act of another person or an accident. Effective Date: August 5, 2020.

FEE SCHEDULE NEWS:

• The Division of Workers’ Compensation adopted an emergency regulation to establish procedures for Workers’ Compensation applicable during the state of emergency declared by the Governor due to COVID-19.

REGULATORY ACTIVITY:

• Published the maximum temporary disability benefits for 2020.  The maximum rates for workers' compensation benefits for the year beginning July 1, 2020, through and including June 30, 2021. To view the publication, go to  https://www.colorado.gov/cdle/dwc.

REGULATORY ACTIVITY:

• Colorado Department of Labor and Employment has adopted two emergency rules, one effective March 24 and the other effective March 31.  Both of the adopted rules amend 7 CCR 1101-3.  To view the rules, go to https://www.colorado.gov/cdle/node/20506.

FEE SCHEDULE NEWS:

•  The Division has issued an Interpretive Bulletin regarding telemedicine and COVID-19 testing. To view the notice, go to https://www.colorado.gov/cdle/medical-fee-schedule-directors-interpretive-bulletins.

REGULATORY ACTIVITY:

• The Division has issued Emergency Rules to establish procedures for Workers’ Compensation applicability during the state of emergency. The Division finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary for the preservation of public health, safety, or welfare as ensuring operation of the workers’ compensation system is imperative to preserve the health of the citizens of Colorado. To view the rule, go to https://colorado.gov/pacific/cdle/node/20506.
• As of March 26, 2020, the Customer Service lobby is closed. The call center remains open from 8:00 am to 5:00 pm. You may reach the Customer Service Unit at 303-318-8700, toll-free at 1-888-390-7936, or by emailing cdle_wccustomer_service@state.co.us.
• The Division issued bulletin number B-5.38 regarding actions to Protect Consumers with Property and Casualty Insurance Policies during the COVID-19 Public Health Emergency in Colorado.  The novel coronavirus (COVID-19) outbreak and emergency public health measures by state and local leaders has led to widespread business interruptions, unemployment, and disruption of daily activities for consumers, including but not limited to self-quarantine and isolation to protect their and the public’s health. Due to the unprecedented and extraordinary impact of the COVID-19 emergency, the Colorado Department of Public Health and Environment has issued multiple Public Health Orders including 20-20, 20-22, 20-23and 20-24, (collectively “Orders”) which have limited otherwise normal business and personal interactions and activities.

FEE SCHEDULE NEWS:

• The state of Colorado has published several updates to the original January 1, 2020 Medical and Hospital fee schedules. To view the updated fee schedule, go to  https://www.colorado.gov/cdle/medical-fee-schedule-directors-interpretive-bulletins

REGULATORY ACTIVITY:

• Notice is given of a public hearing to afford all interested persons an opportunity to be heard prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, 7 C.C.R. 1101-3 as described below.  The Director of the Division of Workers’ Compensation has the authority to promulgate rules pursuant to the Workers’ Compensation Act as set forth in section §8-47-107. Date and Time of Hearing: February 20, 2020 at 10:00 a.m.; Place of Hearing: 633 17th Street, Denver, CO. The public hearing will be held in accordance with the provisions of the Colorado Administrative Procedures Act, section 24-4-103, CRS.  Any interested party is invited to appear at the hearing and testify or to submit written data, arguments or position papers to Paul Tauriello, Director, Division of Workers’ Compensation, 633 17th Street, Suite 400, Denver, CO 80202.  Any written submissions should be submitted to the Director prior to the hearing. The topics to be considered are:  Rule 18-7(H): Medical Fee Schedule. The proposed rule changes will be available at the Department’s website on or before January 24, 2020.  Copies of the proposed rules will also be available by request at the Division’s Customer Service Office, 633 17th Street, 4th Floor, Denver, Colorado. To view this notice and the proposed rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.

FEE SCHEDULE NEWS:

•  A new update to the Medical and Hospital Fee Schedule effective 1/1/2020 has been released.

REGULATORY ACTIVITY:

• Colorado published notice that two adopted rules become effective on January 1, 2020: 7 CCR 1101-3 Workers' Compensation Rules of Procedure with Treatment Guidelines Rule 16 Utilization Standards and Base Rates and Cost to Charge Ratios; and 7 CCR 1101-3 R 18 Rule 18 Exhibit 8 (2019 Clinical Diagnostic Laboratory Fee Schedule.

FEE SCHEDULE NEWS:

• A new version of the Medical and Hospital Fee Schedule effective 1/1/2020 has been released. The next expected fee schedule is in January 2021.
• Posted notice of adoption of Rule 16 Utilization Standards and Rule 18 Medical Fee Schedule.  Both of the adopted rules become effective January 1, 2020.  To view the adopted rules, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.

REGULATORY ACTIVITY:

• Posted notice of adoption of Rule 5 Claims Adjusting Requirements in the November 10, 2019 Edition of the state register.  The adopted rules become effective November 30, 2019.  To view the adopted rule, go to https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=11/10/2019&Volume=42&yearPublishNumber=21&Month=11&Year=2019.
• Has published a list for Level I Accredited Physician Assistants and Nurse Practitioners. To view the posting, go to https://www.colorado.gov/pacific/cdle/fee-schedule-rule-18. The list is updated on the 1st and 15th of each month.

REGULATORY ACTIVITY:

• A notice was given of a public hearing to afford all interested persons an opportunity to be heard prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, 7 C.C.R. 1101-3 as described below.  The Director of the Division of Workers’ Compensation has the authority to promulgate rules pursuant to the Workers’ Compensation Act as set forth in section §8-47-107. Date and Time of Hearing: November 4, 2019 10:00 a.m.  Place of Hearing: 633 17th Street Denver, CO The public hearing was to be held in accordance with the provisions of the Colorado Administrative Procedures Act, section 24-4-103, CRS.  The topics to be considered are: Rule 16-7(A) and 16-11(B) (2). Rule 18 Exhibit 2 and Exhibit 8. To view the proposed rules, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice in the October 25, 2019 edition of the state register of adoption of Rule 16, Rule 18 and Exhibit #1.  These rules will become effective January 1, 2020.  To view the notice, go to https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=10/25/2019&Volume=42&yearPublishNumber=20&Month=10&Year=2019.

REGULATORY ACTIVITY:

• Posted notice of a proposed amendment to Rule 5 Claims Adjusting Requirements.  To view the proposed rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.  A date for public hearing has not been announced.
• A notice of a public hearing to afford all interested persons an opportunity to be heard prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, 7 C.C.R. 1101-3 was given for November 4, 2019 at 10:00 am at 633 17^th Street, Denver, Colorado.  The Director of the Division of Workers’ Compensation has the authority to promulgate rules pursuant to the Workers’ Compensation Act as set forth in section §8-47-107. The public hearing will be held in accordance with the provisions of the Colorado Administrative Procedures Act, section 24-4-103, CRS.  Any interested party is invited to appear at the hearing and testify or to submit written data, arguments or position papers to Paul Tauriello, Director, Division of Workers’ Compensation, 633 17th Street, Suite 400, Denver, CO 80202.  Any written submissions should be submitted to the Director prior to the hearing.   The topics to be considered are:  Rule 16-7(A) and 16-11(B) (2).   The proposed rule changes will be available at the Department’s website on or before September 3, 2019, 2019.  Copies of the proposed rules will also be available by request at the Division’s Customer Service Office, 633 17th Street, 4th Floor, Denver, Colorado.  To view information on the proposed rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.