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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.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

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 standards. 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 GUIDELINES.

(b)  A medical 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 and regulations 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 and 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.