2023 Legislative Update

Announcements & Reminders

Stay Tuned for Upcoming Rule Changes 

• Rule 18 hearing on August 15, 2023, at 10:00 a.m. - Register here

Surcharge Rates | July 1, 2023 - June 30, 2024

• 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

2023 Workers' Compensation Act (WC Act)

• The 2023 WC Act in print is expected to be available on August 1, 2023.
  • The 2023 WC Act linked version is now available.
• Preorder your copy today by completing this form and email it to cdle_dowc_rfs@state.co.us.

Statutory Changes

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

 Bill HB23-1076 - Workers’ Compensation Compromise Bill

• Signed: June 5, 2023 
• Effective: August 7, 2023
• Key Changes:
  • The duration for receiving compensation that is only for mental impairment, has been extended from 12 weeks to 36 weeks. 
  • Reasonably necessary replacement prosthetic devices must be provided. 
  • Parties may request an expedited hearing on TTD termination due to being placed at full duty by any of their treating providers. 
  • Post-MMI medical benefits may not be limited to any specific treatment. 
  • DIME packet medical records may only include relevant documents.
  • DOWC Director shall determine the amount and allocation of the DIME cost.
  • A prehearing ALJ may make DIME indigency determinations.  
  • Prehearing ALJs can resolve issues about the DIME packet and its expenses before the hearing.
  • The claimant's attorney contingent fee of 25% will be presumed reasonable. 

 Bill HB23-1196 - Remedies at Law for Violating Colorado Youth Act

• Signed: June 7, 2023
• Effective: July 1, 2023
• Key Changes:
  • If a minor was injured while engaging in work that is prohibited by Article 12, they have the right to seek economic damages through a tort claim.

Rule Changes

 Rule 3 - Insurance Coverage    

• The Colorado Division of Workers’ Compensation adopted rule language, effective August 10, 2022, that updated the injury notice poster. 
• Key Changes:
  • Employers need to use the new Notice to Employer of Injury poster (WC 50). 

 Rule 5 - Claims Adjusting Requirements   

• The Colorado Division of Workers’ Compensation adopted rule language, effective March 30, 2023, that updated claim reporting, payment of PPD, and fatal lump sum processes. 
• Key Changes:
  • Medical-only claims with 180 days of treatment must be reported to the Division. 
  • PPD must be paid at the scheduled amount if higher than the nonscheduled (whole person) amount. 
  • The Director shall determine the maximum allowed per dependent for fatal lump sums if not previously determined by an ALJ.

 Rule 11 - Division Independent Medical Examination

• The Colorado Division of Workers’ Compensation adopted rule language, effective March 2, 2023, that updated DIME provider fees, indexing, panel replacement, and added indigent standards. 
  Key Changes:
  • Additional fees are available for the number of pages in the medical packet.
  • The new medical record index process involving bates stamping.
  • There is a new physician panel replacement process.
  • Indigent standards are now listed in Rule 11. 

 Rule 16 - Utilization Standards

• The Colorado Division of Workers’ Compensation adopted rule language, effective January 1, 2023, that updated provider reporting and insurance administration compliance. 
• Key Changes: 
  • New requirement for claim resubmission codes.
  • Allowance of payers to limit treatment in accordance with the Division’s Medical Treatment Guidelines (Rule 17) without a medical review.

 Rule 18 - Medical Fee Schedule

• The Colorado Division of Workers’ Compensation adopted rule language, effective January 1, 2023, that updated payment policies. 
• Key Changes: 
  • New comprehensive payment policies for status indicators.
  • Reimbursement reductions for services performed by massage therapists and therapy assistants.
  • New Exhibit #4 allows and prices certain surgeries designated as inpatient only to be performed in an outpatient setting.
  • Limits on high-cost prescription drugs when a lesser-cost therapeutic equivalent is available.
  • Addition of reimbursement rates for Spanish interpreters.
  • Inflationary increases across most services.

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Updated Forms

• WC15 - Worker's Claim for Compensation (Revised August 2022)
• WC18 - Dependent's Notice and Claim for Compensation (Revised August 2022)
• WC44 - Exclusion of Uncompensated Public Officials (Revised March 2023)
• WC63 - Request for Offset of Liability to Subsequent Injury Fund (Removed on November 8, 2022)
• WC70 - Application for Admission to the Colorado Major Medical Insurance Fund (Removed on November 8, 2022)
• WC112 - Payroll Statement Form (Revised June 2023)

• WC113 - Surcharge Form (Revised June 2023)
• WC178 - Request/Notification for Follow-up IME (Revised April 2023)
• WC181 - Medical Billing Dispute Resolution Intake Form  (Revised August 2022)
• WC189 - Authorization for Release of Information (Revised March 2023)
• WC190 - Authorization for Release of Limited Information to Third Parties (Revised March 2023)
• WC203 - Interpreter Invoice Form (Revised January 2023)

Updated Publications

• Injured Worker Guide | Guía del Trabajador Lesionado
• Employer Guide | Guía Para el Empleador
• Colorado Uninsured Employer Fund Brochure | Fondo Para Empleadores No Asegurados de Colorado

• Requisitos Para Empleadores del Seguro de Compensacion Para Trabajadores
• DIME Flyer

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Previous Legislative Updates