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2023 Legislative Update

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Colorado Division of Workers’ Compensation’s 2023 Legislative Update
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Announcements & Reminders

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)

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Statutory and Rule Changes
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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.

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  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.
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Rule Changes

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  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:

  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: 

  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

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  • 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)
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Updated Publications

2023 Legislative Update Webinar

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Previous Legislative Updates