State Legislation
Colorado
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Our comprehensive return to work program ensures collaboration and communication with all interested parties including the injured worker, employer, human resources, medical and safety teams, and healthcare providers. We use technology, compassionate case management for employees and cost containment measures, to give Colorado employers a superior program.
As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.
Legislature Status: Lawmakers tentatively planning to reconvene May 18.
- Colorado Department of Public Health & Environment coronavirus resource page.
- April 14, 2020 – The Governor issued an executive order, amending previous orders which supports emergency childcare for essential workers and temporarily suspends certain statutes, enabling schools and school districts to focus on delivering instruction and student services.
- April 14, 2020 – The Governor issued an executive order, extending and amending previous orders which limits in-person contact for the 2020 elections and the secretary of state’s operations. The executive order is extended by an additional 30 days.
- April 13, 2020 – The Governor sent a letter encouraging hotel and motel owners and operators to rise to the challenge in addressing COVID-19 by entering agreements to temporarily house homeless Coloradans, along with some of the state’s most vulnerable.
- The Governor also sent a letter in response to the General Assembly, Denver City Council and RTD Board, saying that he will mobilize 250 Colorado National Guard (CONG) members to support existing shelters in the City and County of Denver with staffing shortages for those who are experiencing homelessness.
- April 12, 2020 – The Governor unveiled a new state website with free resources, stayathomeco.colorado.gov. It has health resources, education, entertainment, and more to make staying at home more bearable.
Legislation
- HJR 1006 Concerns a request to the Supreme Court of the state of Colorado to render its opinion upon a question regarding the length of legislative session outlined in the state Constitution. Adopted.
- HB 20-1301: Allowing local school district boards of education to adopt policies allowing board members to participate in meetings electronically, as long as a quorum of board members is physically present. Enacted
- SB 20-091: Setting the minimum pay for a member of the Colorado National Guard to be equivalent to the pay rate of an enlisted person holding the rank of E-4 with over six years of service. Enacted
- HB 1122: Prohibiting a PBM or its agents from reimbursing pharmacies for the cost of the prescription drugs at a rate less than the national average purchase cost. Enacted.
Colorado Regulatory Updates 01/01/2025
Effective January 1, 2025, Colorado has updated its Medical Fee Schedule to review and establish maximum fees for healthcare services. The rule also defines standard terminology, administrative procedures, and dispute resolution procedures required to implement the Division’s Medical Treatment Guidelines and Medical Fee Schedule.
Link: Fee Schedule (Rule 18) | Department of Labor & Employment
Colorado Regulatory Updates 07/11/2024
HB 1220 – Workers’ Compensation Disability Benefits
Summary:
This measure makes several changes to workers’ compensation benefits and procedures.
This measure allows a claimant for workers’ compensation benefits to refuse an offer of modified employment if employment requires the claimant to drive to and from work and the treating physician has restricted driving.
This measure adds the loss of an ear to the list of body parts for which an injured worker can receive whole person permanent impairment benefits.
This measure changes the limit for the amount of money that a claimant for workers’ compensation benefits may depend on the claimant’s impairment rating from $75,000 to $185,000, adjusted annually beginning July 1, 2025. This applies to injuries sustained on and after January 1, 2025.
This measure requires a workers’ compensation insurer to pay benefits to a claimant via direct deposit, if requested.
This measure takes effect 91 days after adjournment generally, unless specified otherwise.
Most Recent Update:
- 06/04/2024 – Signed by Governor Jared Polis (D)
Colorado Regulatory Updates 2/6/2023
HB 1076 – Workers’ Compensation, Concerning workers’ compensation, and, in connection therewith, increasing the duration of benefits based on mental impairment, removing the authority to petition over artificial devices, allowing an employee to request a hearing on the loss of total temporary disability benefits under certain circumstances, updating provisions related to independent medical examinations, and increasing the amount of attorney fees that are presumed unreasonable.
Summary:
This measure pertains to workers’ compensation. This measure increases the duration of benefits based on mental impairment, removes the authority to petition over artificial devices, allows an employee to request a hearing on the loss of total temporary disability benefits under certain circumstances, updates provisions related to independent medical examinations, and increases the amount of attorney fees that are presumed unreasonable. This measure will take effect 90 days after adjournment.
Most Recent Update:
02/02/2023 – This measure is scheduled to be heard on February 2 in the House Business Affairs & Labor Committee, chaired by Representative Judy Amabile (D.) The Colorado legislature is meeting in-person for the 2023 legislative session. Anyone wishing to testify may do so in-person or virtually here: https://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/signIn.xsp. Any virtual testimony must be submitted prior to the hearing. A vote may occur at the discretion of the chair. The measure may be referred to multiple committees.
Colorado Regulatory Updates 7/11/2022
HB 1122 – Pharmacy Benefit Manager Prohibited Practices
Summary:
See 6/8/2022 update below for full summary.
Most Recent Update:
6/2/2022 On June 2, this measure was signed by Governor Jared Polis (D). This measure is effective on August 10, 2022.
Colorado Regulatory Updates 6/8/2022
HB 1122 – Pharmacy Benefit Manager Prohibited Practices
Summary:
This measure prohibits a PBM or its agents from reimbursing pharmacies for the cost of the prescription drugs at a rate less than the national average purchase cost. This measure is applicable to pharmacy benefits managers. This measure no longer includes the provision prohibiting PBMs from charging pharmacies for a prescription drug in an amount less than the prescription drug in an amount less than the national average drug acquisition cost or the wholesale acquisition cost, if the national average drug acquisition cost is unavailable.
The measure enacts the 340B Prescription Drug Program Anti-discrimination Act, which prohibits health insurers, PBMs, and other third-party payers from discriminating against entities, including pharmacies, participating in the federal 340B drug pricing program.
These third-party payers will not be able to:
1. Refuse to reimburse a 340B covered entity for dispensing 340B drugs, imposing additional requirements or restrictions on 340B covered entities, or reimbursing a 340B covered entity for a 340B drug at a rate lower than the amount paid for the same drug to pharmacies that are not 340B entities.
2. Assess fees, chargebacks, and adjustments against 340B entities, restricting a 340B covered entity’s access to ta pharmacy network because it participates in the program.
3. Requiring a 340B covered entity to contract with a specific pharmacy or health coverage plan in order to access the third-party payer’s pharmacy network.
4. Imposing a restriction or additional charge in the patient who obtains a drug from a 340B entity.
5. Restrict methods where a 340B entity may dispense or deliver the drugs.
Any violation of this measure will be recognized as an unfair or deceptive act. Nothing in this measure prohibits third parties from maintaining coverage requirements and guidelines, establishing a differing price compared to that of a pharmacy, or requiring a contract of a third party with a covered entity for the purpose of participating in the third party’s network. This measure also removes a network exemption for workers’ compensation insurers. This measure appropriates $17,209 in FY 2022-2023 to the department of regulatory agencies for use by the division of insurance. This measure takes effect 90 days after the assembly adjourns.
Most Recent Update:
5/10/2022 On May 10, the House concurred with the Senate amendments. This measure is eligible to be sent to Governor Jared Polis (D).
Colorado Regulatory Updates 7/12/2021
SB 197 – Workers’ Compensation Physician
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General),Workers’ Compensation (Networks)
Summary:
This measure concerns the treating physician in workers’ compensation cases. This measure provides injured workers control over the selection of the primary treating physician in workers’ compensation cases, allowing them to choose from any level I or level II accredited physician through the Division of Workers’ Compensation. This measure creates the mechanism by which the injured worker may select the treating physician and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.
Most Recent Update:
6/8/2021 The 73rd Colorado General Assembly adjourned Sine Die on June 8th, 2021. This measure is ineligible for further consideration.
Colorado Regulatory Updates 6/3/2021
SB 197 – Workers’ Compensation Physician
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General),Workers’ Compensation (Networks)
Summary:
This measure concerns the treating physician in workers’ compensation cases. This measure provides injured workers control over the selection of the primary treating physician in workers’ compensation cases, allowing them to choose from any level I or level II accredited physician through the Division of Workers’ Compensation. This measure creates the mechanism by which the injured worker may select the treating physician and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.
Most Recent Update:
5/27/2021 This measure is scheduled to be heard on May 27 in the House Business Affairs and Labor Committee. Committee hearings will operate virtually and testimony is accepted at the discretion of the Chair. An individual may testify at https://leg.colorado.gov/remote-testimony. To register, witnesses must provide their name, email address, phone number, zip code, position on the bill, and the name of the organization they represent, if any. Witnesses who wish to testify via phone must provide the same phone number that they will use to call in to the committee hearing. Typically, measures receive only one hearing before the committee votes on the measure.
Colorado Regulatory Updates 5/5/2021
SB 197 – Workers’ Compensation Physician
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General),Workers’ Compensation (Networks)
Summary:
This measure concerns the treating physician in workers’ compensation cases. This measure provides injured workers control over the selection of the primary treating physician in workers’ compensation cases, allowing them to choose from any level I or level II accredited physician through the Division of Workers’ Compensation. This measure creates the mechanism by which the injured worker may select the treating physician and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.
Most Recent Update:
3/24/2021 This measure was introduced and referred to the Senate Business, Labor, & Technology Committee, chaired by Senator Rodriguez (D). This measure is eligible to be scheduled for a hearing at the discretion of the chair.
COVID-19 Related Policies
SB 26 – Workers’ Compensation For Audible Psychological Trauma
Summary:
The measure further explains the instances of a “psychologically traumatic event” for the purpose of determining eligibility for worker’s compensation benefits.
The measure adds a provision to include an event when a worker is repeatedly subjected to visual or audible exposure to the death, or the immediate aftermath of the death, of one or more people as the result of a violent event or the worker is repeatedly subjected to visual or audible exposure to the serious bodily injury or the immediate aftermath of the serious bodily injury of one or more people as the result of the intentional act of another person or accident.
Most Recent Update: This measure has passed the House Business Affairs and Labor Committee. This measure awaits further consideration in the House.
Colorado Services
- Workers’ compensation claims management
- Medical bill review in compliance with state requirements
- Full visibility of pharmacy data to manage costs
- Local PPO network development and management
- Case management services
Colorado Resources
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