Date: 02/13/2006

Final
BILL SUMMARY for HB06-1097

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View--> Action Taken:
Moved to postpone House Bill 06-1097 indefinitely.
Moved to refer House Bill 06-1097 to the Committee		PASS
FAIL



04:13 PM -- House Bill 06-1097

Representative Carroll continued her presentation of House Bill 1097 from Wednesday February 8. She distributed two handouts: testimony in support of the bill submitted by various constituents and organizations (Attachment C), and a memo explaining HB 1097 (Attachment D). She explained that the bill would allow a worker who has been injured on the job, if he or she feels uncomfortable with the abilities or relationship with the doctor designated under the workers' compensation system, a one time change of physician. The change would not be allowed until 60 days after the filing of a claim, and could not be requested after the employee reaches maximum medical improvement. Representative Carroll responded to a committee question.

04:20 PM -- Shelley Dodge, a workers' compensation attorney representing herself, testified in support of the bill. She spoke on behalf of her client who testified last year in favor of the bill who had to leave today's hearing. Ms. Dodge explained that her client is still in the system trying to get treatment for her injury, but stated she is unsure if her client specifically asked for a change of physician. Ms. Dodge was asked how her client's situation would be different under the bill. Ms. Dodge stated that it would not have completely solved her problem. Ms. Dodge responded to additional questions from the committee.

04:34 PM -- James Oxbury, representing the Colorado Preferred Physician Association, testified in support of the bill. He stated that the bill addresses the need for physician choice. Representative Paccione mentioned she was concerned that a person could use the 60-day rule as a way to beat the system by waiting until the 60 days is almost up and then change a physician in order to stay off the job longer. Mr. Oxbury agreed.

04:39 PM -- Tim Lopez, representing the Laborer's Local 720, testified in support of the bill. He told his personal story about an injury he sustained four years ago. Mr. Lopez stated he had a broken heel and was treated for a sprained ankle. Mr. Lopez stated he now needs a cadaver bone implanted because of the misdiagnosis. He stated that had he been able to see another physician, he would not be as bad off as he is now. Mr. Lopez was asked who his insurer was, and whether he had received any paperwork explaining workers' compensation and his right to ask for a change of physician.

04:47 PM -- Rachel Olwarez-Sellers, representing herself, testified in support of the bill. She stated she injured her back on the job and was told by the physician to take anti-inflammatories and to lay down for four months. Ms. Olwarez-Sellers stated that she never knew she could ask to see another physician and ultimately ended up paying for a chiropractor herself.

04:50 PM -- Laura Defloyd, representing her former husband William Haupt, testified in support of the bill. She explained that her husband, age 59, was a painter who fell off a roof and broke his back and pelvis, and fractured his femur bone. Mr. Haupt was given surgery and 6 days in the hospital compared to 6 months another man had received for a similar injury. Mr. Haupt, had some chest pain a few months later and went to the doctor who found several large blood clots were in his lungs. Ms. Defloyd added that she agreed the time period to change a physician should be shortened from 60 days.

04:54 PM -- Mike Byrd, Business Manager of the International Brotherhood of Electrical Workers Union, Local 111, testified in support of the bill. He stated he was involved in a car accident and suffered a broken arm. He stated that the doctor misdiagnosed him and Mr. Bird was told he could not change his physician.

04:57 PM -- Peter McGuire, with Sullivan, Sullivan, and McGuire, representing the Workers' Compensation Education Association, testified in support of the bill. Mr. McGuire stated that under the current 20 day rule, an injured worker may make a request for a change in physician, the company then has 20 days to respond, and then the worker must wait 3 months for an administrative law judge to review the case and grant the request or not. Representative Paccione asked that if the damage is already done after the first physician, then how would the bill solve that problem. Mr. McGuire stated that there are many people who suffer quietly because they feel they have no choice. Mr. McGuire responded to a question about the 20 day rule, and committee discussion followed.

05:07 PM

There was committee discussion about whether the bill would have addressed the problems that the previous witnesses had raised.

05:12 PM -- Lois Kaness, representing herself as an injured worker whose claim was settled, spoke in support of the bill. She discussed the circumstances of her injury and the resulting medical care she required.

05:18 PM -- Paula Rhodes Hook, representing herself, distributed a handout (Attachment E), and testified in support of the bill. She told her personal story of a frontal lobe brain injury she sustained when she had fell on a patch of ice while working.

05:20 PM -- Steven Morehart, representing the American Federation of State, County & Municipal Employees, testified in support of the bill. He discussed some of the injuries that have happened in the facilities where he worked.

05:22 PM -- Hank Hahne, representing the Colorado Self Insured Association, testified in opposition of the bill. He distributed the testimony of Zach Nicol who could not attend today's hearing (Attachment F). He stated the bill could increase costs by 5-21 percent. Representative Carroll asked Mr. Hahne some questions regarding his handout.

05:29 PM -- Lee Ziegler, representing Safeway, Inc., testified in opposition to the bill. He stated the bill would raise the cost of workers' compensation, and increase lost wages for employees who are injured on the job. Mr. Ziegler was asked how many of his employees have asked for a change in physician. He stated that less than 1 percent, and that when he receives a request he will work with the injured worker on the problems being experienced with the physician. Representative Liston asked for clarification on the types of injuries that occur in Safeway stores. Representative Paccione asked why a request for a change of doctor would be denied. Mr. Ziegler stated that the majority of the claims he has refused dealt with an injured worker attempting to beat the system.

05:41 PM -- Tony Gagliardi, representing the National Federation of Independent Businesses, testified in opposition to the bill.

05:43 PM -- Scott Arnold, representing Phil Long Ford Dealerships, testified in opposition to the bill. He stated that currently there is a system in place to request a physician change. Mr. Arnold responded to questions pertaining to how many claims for a change of physician he had seen. He stated he has received 3, and 2 were approved for a change in physician.

05:50 PM -- Kim Griffiths, representing Pinnacol Assurance, testified in opposition to House Bill 1097. She stated that every employee is notified that they have the option to request a change in physician. She explained that 54 percent of the time requests were granted for change of physician by Pinnacol. Ms. Griffiths stated that most of the requests Pinnacol denies, are requests where an injured worker sees a physician for an injury that does not relate to his or her injury that occurred on the job. Then when the injured worker is told the injury is not covered, he or she want to see another physician. Ms. Griffiths stated that Administrative Law Judges deny claims at a similar rate to Pinnacol, 58 percent of the time.

05:59 PM

Ms. Griffiths stated that the request to change a physician can be made at any time, and that the company has 20 days to respond to that request. Additionally, an employee can make as many requests as they want and for as long as they want.

06:00 PM -- Roger Buelow, representing Mountain States Mutual, testified in opposition to the bill. He stated that insurance companies want to get people the best care they can because that is the least expensive thing they can do. Representative Penry asked for an explanation of New Mexico's law that Representative Carroll had talked about earlier. Mr. Buelow explained that in New Mexico, either the employer, or the employee with permission from the employer, can make the initial selection of the physician. Whoever does not make the initial selection may, at 60 days, change the treating physician with no explanation. Mr. Buelow stated that in almost all cases where the employee makes the change in physician after 60 days, it is driven by an attorney rather than by the employee.

06:04 PM -- John Berry, representing the Workers' Compensation Coalition, testified in opposition to the bill. He stated that they oppose the bill for many of the same reasons previous witnesses stated.

06:06 PM

Representative Carroll stated that the issue is balance and that every system needs it. She stated that no one wants an adversarial relationship between the doctor and the patient. She stated that currently the sole discretion is given to the insurance company whether or not an employee receives the right to change his or her physician. She referenced a Legislative Council memorandum that provides a 50-state overview of employee choice of physician laws (Attachment G).
BILL:HB06-1097
TIME: 06:16:26 PM
MOVED:Carroll M.
MOTION:Moved to refer House Bill 06-1097 to the Committee of the Whole. The motion failed on a 5-8 vote.
SECONDED:Butcher
VOTE
Balmer
No
Borodkin
No
Butcher
Yes
Carroll M.
Yes
Coleman
No
Knoedler
No
Liston
No
McCluskey
No
Paccione
Yes
Penry
No
Welker
No
Cerbo
Yes
Marshall
Yes
Not Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB06-1097
TIME: 06:22:57 PM
MOVED:Balmer
MOTION:Moved to postpone House Bill 06-1097 indefinitely. The motion passed 8-5.
SECONDED:Liston
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
No
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
McCluskey
Yes
Paccione
No
Penry
Yes
Welker
Yes
Cerbo
No
Marshall
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS