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Second Regular Session
Sixty-first General Assembly
LLS NO. 980459.01 DHG
HOUSE BILL 981042
STATE OF COLORADO
BY REPRESENTATIVE Dyer
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING LIMITS ON THE RULEMAKING AUTHORITY
OF THE DIRECTOR OF THE DIVISION OF WORKERS' COMPENSATION, AND,
IN CONNECTION THEREWITH, DENYING THE DIRECTOR AUTHORITY TO ADOPT
OR MAINTAIN MEDICAL IMPAIRMENT RATINGS OR GUIDELINES OR TO ADOPT
RULES THAT INCREASE OR DECREASE BENEFITS OR COSTS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Repeals current provisions authorizing the director
of the division of workers' compensation in the department of
labor and employment to adopt rules establishing medical impairment
guidelines and to maintain a medical impairment rating system.
Prohibits the director from adopting rules that increase or decrease
benefits or increase or decrease the overall cost of administering
the workers' compensation statutes, except in connection with
establishing the state's average weekly wage and the fee schedule
for medical benefits as required by current law.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 842101 (3.5) (a) (II) and (3.5) (b), Colorado Revised Statutes, are amended to read:
842101. Employer must furnish
medical aid approval of plan fee schedule
contracting for treatment no recovery from employee
medical treatment guidelines accreditation of physicians
repeal. (3.5) (a) (II) The
director shall promulgate rules establishing a system for the
determination of medical treatment guidelines and utilization
and medical impairment
rating guidelines for impairment ratings as a percent of the whole
person or affected body part based on the revised third edition
of the "American Medical Association Guides to the Evaluation
of Permanent Impairment", in effect as of July 1, 1991.
THIS PARAGRAPH (a) SHALL NOT BE CONSTRUED TO AUTHORIZE THE DIRECTOR
TO ADOPT OR MAINTAIN MEDICAL IMPAIRMENT RATINGS OR MEDICAL IMPAIRMENT
impairment rating system shall be maintained by the director.
SECTION 2. 847107, Colorado Revised Statutes, is amended to read:
847107. Adoption of rules
general authority limitations procedure.
(1) The director has the power to adopt reasonable
and proper rules
relative to the administration of articles 40 to 47 of this title
and proper rules and regulations
to govern proceedings and hearings of the division, and the director
has the discretion to amend said rules and
regulations from time to time.
(2) (a) No such rule shall limit the jurisdiction of an administrative law judge in the division of administrative hearings to hear and decide all matters arising under articles 40 to 47 of this title.
(b) EXCEPT WITH REGARD TO ESTABLISHING THE STATE AVERAGE WEEKLY WAGE PURSUANT TO SECTION 847106 AND THE FEE SCHEDULE PURSUANT TO SECTION 842101 (3), NO SUCH RULE SHALL HAVE THE EFFECT OF INCREASING OR DECREASING BENEFITS OR INCREASING OR DECREASING THE OVERALL COST OF ADMINISTERING ARTICLES 40 TO 47 OF THIS TITLE.
(3) Such rules
regulations shall be promulgated
in accordance with section 244103, C.R.S.
SECTION 3. Effective date applicability. This act shall take effect upon passage and shall apply to cases of injuries occurring on or after said date.
SECTION 4. 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.