REGULATORY ANALYSIS
FOR REPEAL AND READOPTION
OF THE WORKERS' COMPENSATION RULES OF PROCEDURE
7 CCR 1101-3

1.	Description of classes of persons who will be affected by the rules, including classes that will bear the costs of the rules and classes that will benefit from the rules.

The classes of persons affected by the rules are all persons and entities involved in the Colorado Workers’ Compensation system.  This includes, but is not limited to, injured workers, health care providers, insurance carriers, third party administrators and employers.

2.	Description of the probable quantitative and qualitative impact of the adopted rules, economic or otherwise, upon the classes of affected persons.

These rules revise, update or clarify the current rules of procedure.  The main purpose is to update and clarify procedures.

The amendments clarify when a Final Payment Notice should be filed for Permanent Total claimants, designate the appropriate office to schedule pro se settlement proceedings and update the Income Eligibility Guidelines for indigent claimants.  The rules should increase efficiency and assist persons in implementing required actions.   

3.	Probable costs to the agency and other agencies of the implementation and enforcement of the adopted rules and any anticipated effect on state revenues.

No impact on costs or revenues is anticipated as a result of the rule changes.  

4.	Comparison of the probable costs and benefits of the adopted rules to the probable costs and benefits of inaction. 

Update of the Income Eligibility Requirements tracks the standards established for the judicial branch and will therefore increase consistency.  These rule amendments clarify procedures and should therefore decrease uncertainty and increase efficiency.  Moving the pro se settlement process from the Office to Administrative Courts to the Division of Workers’ Compensation reflects an agreement between the state agencies as to where the program should be housed. Therefore, not taking this action would result in a missed opportunity to clarify requirements and increase efficiency.

5.	Determination of whether there are less costly or less intrusive methods for achieving the purpose of the rules.

There are no known less costly or less intrusive means.   

6.	Description of any alternative methods for achieving the purpose of the proposed rules that were seriously considered by the agency and the reasons they were rejected in favor of the adopted rules.

Because of the nature of these proposed rule amendments no alternative methods were seriously considered. 

Copies of the Notice of Public Hearing were provided to the:

Colorado Association of School Boards, 
Colorado Counties, Inc.
Colorado Municipal League
Special District Association of Colorado
Colorado Health and Hospital Association
Colorado Association of Commerce and Industry
Mountain States Employers Council
Colorado Self-Insurers Association