2022 Legislative Update

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Colorado Division of Workers’ Compensation’s 2022 Legislative Update
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Announcements & Reminders

 Surcharge Rates | July 1, 2022 - June 30, 2023

  • Workers’ Compensation Cash Fund: 1.40%
  • Premium Cost Containment Program: 0.03%
  • Subsequent Injury Fund/Major Medical Fund: 0.00%
  • Calculate, File, and Pay surcharge online

 New Notice to Employer of Injury Poster

  • HB22-1112 modified the content for the mandatory Notice to Employer of Injury Poster.
  • The new poster, which measures 27" wide by 40" high, must be posted by August 10, 2022. Employers are required to hang this in a conspicuous location on all work sites. 
  • We have information for an available vendor, not necessarily a recommended vendor. The vendor is not a state agency and is not affiliated with the Division. So, if you have concerns or questions about your order, you need to work directly with the vendor. Visit this instructions document on how to order through this outside vendor. 

 2021 Workers’ Compensation Act

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Statutory and Rule Changes
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Statutory Changes

This year the General Assembly adopted five bills that impact workers’ compensation in Colorado. This summary briefly highlights some of the key substantive and procedural changes.

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 Bill HB22-1112 - Workers’ Compensation Injury Notice

  • Signed: March 24, 2022 
  • Effective: August 10, 2022
  • Key Changes:
    • Changes the requirement for reporting injuries to an employer from four days to ten days.
    • Requires employers to retain a copy of the written notice of injury.
    • Changes the wording of the required poster.

 Bill HB22-1262 - Sunset Continue Workers’ Compensation Regulations

  • Signed: April 12, 2022
  • Effective: April 12, 2022
  • Key Changes:
    • Continues the ability of the Director to settle second offense penalties for failure to insure.

 Bill HB22-1354 - Protecting Injured Workers’ Mental Health Records

  • Signed: June 8, 2022
  • Effective: June 8, 2022
  • Key Changes:
    • Prohibits disclosure of mental health records by an insurer to anyone not necessary for medical evaluation, adjustment, or adjudication of a claim. 
    • Limits disclosures of mental health records to the claimant’s employer to work restrictions.
    • Requires self-insured employers to establish policies and training.
       

 Bill HB22-1347 - Workers’ Compensation Updates

  • Signed: June 9, 2022
  • Effective: August 10, 2022
  • Key Changes:
    • Requires prepayment of mileage expenses within seven days of a written request.
    • Requires injuries that can be compensated as either scheduled or nonscheduled to be paid at the scheduled rate if that rate is higher than the nonscheduled rate.  
    • Raises the amount of funeral compensation to $12,500 and requires that the amount be adjusted by the Director every year.
    • Requires the reporting of medical-only claims after 180 days of active medical care.
    • Eliminates the self-insurance board and vests its powers in the Director.

 Bill SB22-035 - Coverage Levels for Occupational Accident Insurance  

  • Signed: May 17, 2022
  • Effective: August 10, 2022
  • Key Changes:
    • Allows an owner of a commercial vehicle to elect occupational accident insurance in lieu of workers’ compensation insurance provided the occupational accident insurance has an aggregate limit of at least $1,500,000.
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Rule Changes

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 Rule 3 - Insurance Coverage    

  • The Colorado Division of Workers’ Compensation adopted rule language, effective January 1, 2022, that updated insurance reporting compliance. 
  • Key Changes: 
    • The updates to Rule 3 allow for the Division to audit carriers based on their reporting to NCCI of new or canceled policies. Fines may be assessed for untimely or non-reporting of policies.
    • Updated and changed the fees associated with an employer’s failure to have workers’ compensation insurance.

Want to receive rule hearing notices? Click here!

 Rule 17 - Medical Treatment Guidelines  

  • The Colorado Division of Workers’ Compensation adopted rule language, effective January 30, 2022, that updated two guidelines, including Low Back Pain and Cervical Spine Injury.
  • Key Changes: 
    • The updates restructured the guidelines to make them easier to use and to improve the application of recommendations in practice.
    • There is a continued focus on evidence-based care that emphasizes functional goals and gains.
    • The guidelines recognize that quality care considers an individual as a whole person as part of a biopsychosocial approach.
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Updated Forms

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  • WC12 - Supplemental Report of Return to Work
  • WC35 - Application for Indigent Determination (Hearing Transcript)
  • WC50 - Notice to Employer of Injury
  • WC112 - Payroll Statement Form    
  • WC113 - Surcharge Form    
  • WC181 (Google Form) - Medical Billing Dispute Resolution Intake Form   
  • WC188 - Authorized Treating Provider's Request for Prior Authorization
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Updated Publications

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Legislative Update Webinar

Previous Legislative Updates