NOTE: The governor signed this measure on 4/26/2013.
      
      
      HOUSE BILL 13-1025
      
      
      BY REPRESENTATIVE(S) Swalm, McLachlan, Williams, Fields;
      also SENATOR(S) Jahn, Guzman, King, Newell, Tochtrop.
      
      
      Concerning an increase in the amount of the authorized
           deductible for workers' compensation insurance policies.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 8-44-111, amend (1)
      as follows:
      
           8-44-111.  Workers' compensation insurance - deductibles -
      definition. (1) (a)  Any employer may agree, as a condition of any contract
      for the insurance of compensation and benefits as provided in articles 40 to
      47 of this title or against liability therefor, to pay an amount not to exceed
      five thousand dollars the split point approved by the commissioner of
      insurance per claim toward the total amount of any claim payable under
      articles 40 to 47 of this title. The amount of premium to be paid by an
      employer who agrees to pay such deductible shall be reduced based upon
      such deductible in an amount determined by the insurance carrier.
      
           (b)  As used in this subsection (1), "split point" means the
      amount of each loss approved by the commissioner of insurance
      that an insurer may apply as the primary loss in each workers'
      compensation claim. The full amount of primary losses counts in
      each employer's experience modification calculation that
      determines the employer's percentage credit or surcharge on
      workers' compensation coverage. The loss amount above the split
      point is excess loss and constitutes part of each employer's
      experience modification calculation.
      
           (c)  Nothing in this section abrogates an employer's
      responsibility to pay the full amount of any compensation and
      benefits due under articles 40 to 47 of this title. It is a violation
      of this title for an employer or, if insured, the insurer to require
      any employee to pay any part of the compensation and benefits due
      under articles 40 to 47 of this title.
      
           (d)  It is a violation of this title for an employer or, if
      insured, the insurer to require an employee to use any other type
      of insurance, regardless of whether it is provided as a benefit of
      employment, or any other employment benefit, to pay any portion
      of any compensation and benefits due under articles 40 to 47 of
      this title.
      
           (e)  Nothing in this subsection (1) allows a carrier to stop
      offering no-deductible policies.
      
           SECTION 2.  Effective date - applicability. This act takes effect
      July 1, 2013, and applies to new and renewing workers' compensation
      insurance policies on or after said date.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO