REGULATORY ACTIVITY:

• Posted the legislative update for 2019 regarding legislation enacted during the 2019 calendar year.  To view the legislative update, go to https://www.colorado.gov.
• 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: September 4, 2019 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 16: Utilization Standards Rule and 18: Medical Fee Schedule.  The proposed rule changes will be available at the Department’s website on or before July 24, 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 the notice and copy of the rules under consideration, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.

REGULATORY ACTIVITY:

• Posted the legislative update for 2019 regarding legislation enacted during the 2019 calendar year.  To view the legislative update, go to https://www.colorado.gov.
• 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: September 4, 2019 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 16: Utilization Standards Rule and 18: Medical Fee Schedule.  The proposed rule changes will be available at the Department’s website on or before July 24, 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 the notice and copy of the rules under consideration, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules. 

FEE SCHEDULE NEWS:

• Posted an update to the 2019 fee schedule.  The updated fee schedule is dated June 4, 2019.  To view the updated fee schedule, go to https://www.colorado.gov/pacific/cdle/directors-interpretive-bulletins-regarding-medical-fee-schedule.

REGULATORY ACTIVITY:

• Posted notice that Rule 2 Workers' Compensation Insurance Premium and Payroll Surcharges have been adopted and become effective July 1, 2019 - June 30, 2020.  To view the adopted rule, go to  https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice that Rule 8 Authorized Treating Physician; Rule 9 Division of Workers' Compensation Dispute Resolution and Rule 11 Division Independent Medical Evaluation have been adopted and become effective on July 15, 2019.  To view the notice and the rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice in the June 25 issue of the state register regarding the adoption of three rules and the proposal of amendments to one rule.  The notice regarding adoption included rules 8, 9, and 11 of 7 CCR 1101-3 Workers' Compensation Rules of Procedure with Treatment Guidelines.  Accompanying each of the adopted rules was a letter from the Attorney General that the rules were constitutional.  The three adopted rules become effective on July 15, 2019.  The three rules are Rule 8 Authorized Treating Physician and Independent Medical Exams; Rule 9 Division of Workers' Compensation Dispute Resolution and Rule 11 Division Independent Medical Examination.  To view the notice and the adopted rules; go to https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=06/25/2019&Volume=42&yearPublishNumber=12&Month=6&Year=2019. 
• Posted notice in the June 25 issue of the state register regarding proposed rule amendment for rule OAC Rule 21 Interpreters.  A hearing regarding the proposed rule will be held on July 23, 2019 at 10:30 a.m. in room 104 at 1525 Sherman Street.   To view the proposed rule, go to https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=06/25/2019&Volume=42&yearPublishNumber=12&Month=6&Year=2019

FEE SCHEDULE NEWS:

• Posted an updated version of the 2019 Colorado Workers' Compensation Medical Fee Schedule, version 05142019.  To view the latest version, go to  https://www.colorado.gov/pacific/cdle/directors-interpretive-bulletins-regarding-medical-fee-schedule

REGULATORY ACTIVITY:

• Posted notice of rule hearings for rule 2 Workers' Compensation Insurance Premium and Payroll Surcharges, rule 8 Authorized Treating Physician, rule 9 Dispute Resolution and rule 11-4(B)(5) Exchange of Medical records package. The purpose of the hearings is to take comments on proposed rule changes.  The hearing will be held on May 15, 2019 at 10:00 a.m. at 633 17th Street Denver, Colorado. To view the notice of the hearings and proposed rules, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.

LEGISLATIVE ACTIONS:

• House Bill 19-1105

The enacted legislation establishes that an advanced practice nurse with prescriptive authority pursuant to section 12-38-111.6 may receive level I accreditation for purposed of receiving one hundred percent reimbursement under the medical fee schedule established for the Colorado workers’ compensation system.  Effective Date August 2, 2019.

REGULATORY ACTIVITY:

• Adopted the 2019 Medical Fee Schedule published on December 26, 2018.  To view the adopted version, go to  https://www.colorado.gov/pacific/cdle/directors-interpretive-bulletins-regarding-medical-fee-schedule.
• Published in the state register notice that Rule 17, Exhibit 2A Mild Traumatic Brain Injury Treatment Guideline has been adopted and becomes effective January 30, 2019.  To view the notice and rule, go to https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=01/10/2019&Volume=42&yearPublishNumber=1&Month=1&Year=2019.
• Published the new final admission of liability form that became effective on January 1, 2019.  To view the form, go to https://www.colorado.gov/cdle/dwc.

FEE SCHEDULE NEWS:

• Published a newer version of the 2019 Medical Fee Schedule on its web site. The newest version dated December 26, 2018 replaces the previous versions published.  The next update to the fee schedule is expected in January 2020.

REGULATORY ACTIVITY:

• Has adopted Rule 17 Exhibit 2: Traumatic Brain Injury that becomes effective January 30, 2019. To view the adopted rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice of a rules hearing for a proposed rule regarding the Colorado Uninsured Employer Fund. 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 Colorado Uninsured Employers Fund Rules, 7 C.C.R. 1106-1 as described below.  The Colorado Uninsured Employer Board has the authority to promulgate rules pursuant to the Colorado Uninsured Employers Act as set forth in section §8-67-107.  Date and Time of Hearing: February 5, 2019 9:30 a.m.  Place of Hearing: 633 17th Street Denver, CO.   To view the notice and proposed rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.

REGULATORY ACTIVITY:

• Published an update to the 2019 medical fee schedule on November 8, 2018.  To view the latest information, go to https://www.colorado.gov/pacific/cdle/directors-interpretive-bulletins-regarding-medical-fee-schedule.  The latest update replaces the information that was published on November 5, 2018.  The fee schedule will become effective on January 1, 2019.

LEGISLATIVE ACTIONS:

• House Bill 18-1308

The bill establishes an exemption from the 'Workers' Compensation Act of Colorado' for an out-of-state employer whose employees are working in Colorado on a temporary basis as long as:

• The out-of-state employer furnishes coverage under the workers' compensation laws of the state in which the employee is regularly employed, which coverage applies to the employee while working temporarily in Colorado; and
• The out-of-state employer's home state is contiguous to Colorado, recognizes the exemption, and provides a reciprocal exemption for Colorado employees temporarily working in that state.

The home state's workers' compensation laws are the sole remedy for an out-of-state worker who is injured while working temporarily in Colorado. The Division of Workers' Compensation in the Department of Labor and Employment is authorized to enter into an agreement with a contiguous state to carry out the extraterritorial application of the workers' compensation or similar law of the other state.   Effective Date April 30, 2018.

REGULATORY ACTIVITY:

• Posted a notice of rule hearing regarding Rule 2:  Workers' Compensation Insurance Premium and Payroll Surcharges. 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: November 9, 2018 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 2: Workers’ Compensation Insurance Premium and Payroll Surcharges.  The proposed rule changes will be available at the Department’s website on or before October 1, 2018.  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 the notice and proposed rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Published notice in the October 10, 2018 edition of the state register notice of adoption of Rule 16 Workers' Compensation Rules of Procedure with Treatment Guidelines. Rules become effective on January 1, 2019. To view the notice of adoption, go to https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=10/10/2018&Volume=41&yearPublishNumber=19&Month=10&Year=2018.
• Posted the 2019 Medical fee schedule.  To view the fee schedule, go to https://www.colorado.gov/pacific/cdle/directors-interpretive-bulletins-regarding-medical-fee-schedule.

FEE SCHEDULE NEWS:

• The Division has adopted the new regulations for the Medical and Hospital fee schedule effective January 1, 2019. The next expected update is for January 2020.

REGULATORY ACTIVITY:

• The Division has adopted Rule 11: Division Independent Medical Examination, Rule 16 Utilization Standards, Rule 18 Medical Fee Schedule and 2018 Exhibits to the Medical Fee Schedule.  All of the rules become effective on January 1, 2019.  To view the adopted rules, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice of a rule hearing regarding the Colorado Uninsured Employer Fund.  To view the notice and rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.