REGULATORY ACTIVITY:

• The Division has published the Maximum Benefit Rates Effective July 1, 2018.  MAXIMUM COMPENSATION BENEFIT RATE:  To qualify for the maximum rate of $987.84, a wage of at least $1,481.76 per week must be earned. C.R.S.§ 8-42-105. SCHEDULED IMPAIRMENT RATE:  Payable at a weekly compensation rate of $307.26. C.R.S. § 8-42-107(6)(b) NON-SCHEDULED (OR MEDICAL) IMPAIRMENT: Payable at the TTD weekly rate, but not less than $150.00 per week and not more than $542.78 per week. C.R.S. § 8-42-107(8)(d). BODILY DISFIGUREMENT:  Maximum is $5,229.68 and up to $10,457.52 for extensive facial or body scars, burn scars or stumps resulting from the loss of limbs. C.R.S. § 8-42-108. LUMP SUMS: Maximum lump sum for an injured worker or sole dependent with a date of injury after January 1, 2014 is $91,126.84.  For cases with multiple dependents, the aggregate of all lump sums cannot exceed $182,251.37. COMBINED CAPS: Maximum combined TTD and PPD benefits for individuals with 25% or less whole person impairment is $91,126.84.  Maximum combined benefits for individuals with greater than 25% whole person impairment are $182,251.37.  FATAL CASE: Maximum of $987.84 per week, C.R.S § 8-42-114. 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 C.R.S. § 8-41-501 (1)(c). Minimum Death Benefit:  25% of Maximum Weekly Benefit or $246.96, C.R.S. § 8-42-114. Claims with no dependents: $20,836.09 payable the Colorado Uninsured Employers Fund.

REGULATORY ACTIVITY:

• Colorado has adopted amended Rule 2 Workers' compensation Insurance Premium and Payroll Surcharges and Rule 7-3 Life Expectancy Table.  The adopted rules become effective July 1, 2018.  To view a copy of the adopted rules, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice regarding rules governing the Colorado Uninsured Employer's 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 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: July 17, 2018      10:00 a.m.   Place of Hearing:   633 17th Street, Denver, CO.  To view the notice and rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice of hearings to consider amendments to Rule 16 Utilization Standards and Rule 18 Medical Fee Schedule.  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: August 14, 2018      10:00 a.m.   Place of Hearing:   633 17th Street      Denver, CO.  To view the notice and proposed rules, go to  https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.

LEGISLATIVE ACTIONS:

House Bill18-1003

• The enacted legislation establishes in statute the opioid and other substance use disorders study committee, consisting of 5 senators and 5 representatives from the general assembly, to:
  • Study data and statistics on the scope of the substance use disorder problem in Colorado;
  • Study current prevention, intervention, harm reduction, treatment, and recovery resources available to Coloradans, as well as public and private insurance coverage and other sources of support for treatment and recovery resources;
  • Review the availability of medication-assisted treatment and the ability of pharmacists to prescribe those medications;
  • Examine measures that other states and countries use to address substance use disorders;
  • Identify the gaps in prevention, intervention, harm reduction, treatment, and recovery resources available to Coloradans and hurdles to accessing those resources; and
  • Identify possible legislative options to address gaps and hurdles to accessing prevention, intervention, harm reduction, treatment, and recovery resources.
• The legislative committee is authorized to meet 6 times in a calendar year and may report up to 6 legislative measures to the legislative council, which bills are exempt from bill limitations and introduction deadlines. The committee is repealed on July 1, 2020. The enacted legislation requires the governor to direct the Colorado consortium for prescription drug abuse prevention to:
  • Create a process to develop a plan that addresses the full continuum of recovery services;
  • Develop a definition for recovery residences and recommend whether the residences should be licensed; and
  • Report recommendations to the general assembly.
• The legislation specifies school-based health care centers may apply for grants from the school-based health center grant program to expand behavioral health services to include treatment for opioid and other substance use disorders and requires the department of public health and environment to prioritize funding to the centers that serve communities with high-risk factors.
• The legislation directs the department of health care policy and financing, starting July 1, 2018, to award grants to organizations to operate a substance abuse screening, brief intervention, and referral program.
• The legislation creates the Charlie Hughes and Nathan Gauna opioid prevention pilot program in the Tony Grampsas youth services program for preventing opioid use among the youth population and supporting youth whose family members experience addiction. The Tony Grampsas youth services board shall oversee a grant process for the pilot program using specific criteria. The Tony Grampsas youth services program shall award the grants on or before October 1, 2018. The bill creates a fund for the direct and indirect costs associated with the program. The department of human services is required to work with the grant recipients and submit a report to the general assembly on or before January 1, 2021, regarding the progress of the grant recipients. The enacted legislation directs the center for research into substance use disorder prevention, treatment, and recovery to develop and implement continuing medical education activities to help prescribers of pain medication to safely and effectively manage patients with chronic pain, and when appropriate, prescribe opioids. Sections 3 through 6 also direct the general assembly to appropriate money to implement those sections.  The legislation appropriates over 4.3 million dollars to various state entities for the implementation of the legislation and the research required. Effective Date May 21, 2018.

REGULATORY ACTIVITY:

• Posted notice of 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.  To view the notice and proposed rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice of hearing regarding rule 7: Life Expectancy Table.  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.  To view the notice and proposed rule go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.

REGULATORY ACTIVITY:

• Posted notice of public hearing regarding Rule 11 Division Independent Medical Examination. To view a copy of the proposed rule, go to  https://www.colorado.gov/pacific/sites/default/files/Rule_11_Proposed_2018.pdf

REGULATORY ACTIVITY:

• Posted an interpretive bulletin regarding the 2018 fee schedule and the fees associated with the 2018 fee schedule. The fee schedule was updated as of October 30, 2017.
• The Division posted in the state register notice of adoption of 7 CCR 1101-3R17 EX 07 Rule 17: Exhibit 7- Complex Regional Pain Syndrome/Reflex Sympathetic Dystrophy Medical Treatment Guidelines and 7 CCR 1101-3 R17 EX9 Rule 17: Exhibit 9 - Chronic Pain Disorder Medical Treatment Guidelines.  Both guidelines became effective October 30, 2017.
• The Department of Labor and Employment has published their intended regulatory amendments agenda for 2018.

FEE SCHEDULE NEWS:

• The medical and facility fee schedule is being updated as of January 1, 2018. The physician fee schedule is to be based on the 2017 Medicare Resource Based Relative Value Scale (RBRVS), except as prescribed by the rule and conversion factors. The inpatient hospital fee schedule has adopted Version 35 of the MS-DRG in addition to new MS-DRG values. Outpatient hospital fee schedule is based on the Medicare’s revised Addendum B from January 1, 2017.
• The next fee schedule update is scheduled for January 1, 2019.

REGULATORY ACTIVITY:

• The state has adopted Rule 16: Utilization Standards and Rule 18: Medical Fee Schedule along with Exhibits to the Medical Fee Schedule.  The two rules become effective January 1, 2018.

REGULATORY ACTIVITY:

• The Division of Workers' Compensation has adopted rule 2-5 Regarding Workers' Compensation Surcharge Rate.  The rule becomes effective on July 1, 2017.
• Posted notice of rules hearing for Rules 16 and 18 Utilization Standards and Medical Fee Schedule.  The public hearing will be held on August 1, 2017 at 9:30 A.M. at 633 17th Street Denver, Colorado.  The proposed rules are expected to become effective January 1, 2018.

LEGISLATIVE ACTIONS:

• House Bill 1119 The enacted legislation creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance. It creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund.  Effective Date July 1, 2017.

• House Bill 1229 This bill makes changes to workers' compensation law.  It requires mental impairment claims to be proven by evidence supported by the testimony of a licensed psychiatrist, rather than a physician, or a psychologist.  The bill defines "psychologically traumatic event" as one generally outside of a worker's usual experience that would evoke significant symptoms of distress in a worker in similar circumstances, or an event within a worker's usual experience only when the worker is diagnosed with post-traumatic stress disorder (PTSD) by a licensed psychiatrist or psychologist after:
  • experiencing an attempt by another person to cause the worker serious bodily injury or death through the use of deadly force;
  • witnessing a death, or the immediate aftermath of a death, of one or more people as the result of a violent event; or
  • repeatedly witnessing the serious bodily injury (or immediate aftermath) of one or more people as a result of an intentional act or of an accident.  Effective Date July 1, 2018.
• Senate Bill 214 This bill allows municipalities, special districts, fire authorities, and county improvement districts that employ one or more firefighters to participate in a voluntary firefighter cancer benefits program.  Participation constitutes payment of contributions into a multiple employer health trust designed to pay awards to covered individuals diagnosed with cancer or their surviving family members.  The trust must establish award levels between $100 and $225,000 based on the category and stage of the cancer.  The trust must also make payments to the covered individual for the actual cost, up to $25,000, for rehabilitative or vocational training employment services and educational training and for cosmetic disfigurement costs, if necessary, up to $10,000.  Any benefits paid by the trust must be offset by any payments made under the Workers' Compensation Act of Colorado.  Firefighters, including those who work on a part-time or volunteer basis, must meet certain criteria to be eligible for benefits under the trust. Effective Date May 3, 2017.

REGULATORY ACTIVITY:

• The Division of Workers’ Compensation posted notice of a public hearing for rule 2-5 amendments to the premium surcharge rate paid by carriers and self-insureds employers.  The hearing was to be held on May 1, 2017 at 10:00 AM at 633 17th Street Denver CO.