REGULATORY ANALYSIS
FOR AMENDMENTS OF RULES 16 AND 18
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 proposed rules, economic or otherwise, upon the classes of affected persons.

This proposal revises, updates and clarifies the current Rule 9.  The changes are primarily non-substantive updates for clarity.  The proposal does introduce new rules for request for disfigurement benefits; however, these rules were previously enacted by the Office of Administrative Courts.  The impact of the proposed rules will be minimal.     

3.	Probable costs to the agency and other agencies of the implementation and enforcement of the proposed 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 proposed rules to the probable costs and benefits of inaction. 

The existing rules do not address photographic requests for disfigurement benefits.  This issue was previously addressed by OAC rules; however, it was removed from that agencies rules.  Absent the proposed changes, parties will have no guidance regarding this process and litigation will be increased.  
 
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 proposed rules.

The alternative is to maintain the status quo, which was considered and rejected as the proposed rules are more efficient and substantially simpler.  

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 Hospital Association
Colorado Association of Commerce and Industry
Mountain States Employers Council
Colorado Self-Insurers Association
				   Colorado Medical Society