STATEMENT OF BASIS AND PURPOSE FOR
AMENDMENTS TO THE WORKERS’ COMPENSATION RULES OF PROCEDURE
7 CCR 1101-3

BASIS:  §8-47-107, C.R.S. provides the Director of the Division of Workers’ Compensation with authority to adopt and amend proper rules and regulations to govern the proceedings and hearings of the Division.  In addition, §8-43-404, as amended by SB09-168, requires that the Director adopt rules relating to the privacy and confidentiality of audio recordings of independent medical examinations. 

PURPOSE:  Added new subsections to the rule to implement SB09-168. Subsections set forth the requirements for audio recording of independent medical examinations pursuant to section 8-43-404.  The subsections address the privacy and protection of information contained in the recordings.   

The rule amendments address the following subjects:

Rule 8 Authorized Treating Physician/Independent Medical Examination

8-8	Application of the rule provisions pursuant to section 8-43-404. 

8-9	Notice to the injured worker that the examination will be recorded and requirement that the worker complete a form acknowledging the receipt such information.

8-10 	Audio recording requirements and fees.

8-11	Process for requesting or receiving a copy of the audio recording. Process for protecting the privacy of any confidential information that may be contained on the recording.

8-12	Requirements for maintaining records of the audio recording.                                                           

8-13	Dispute resolution process for issues that may arise with the quality or content of the information contained on the recording. 

Pursuant to §24-4-103(4)(b), C.R.S., the Director finds that: 1) there is a demonstrated need for the rule amendments; 2) the proper statutory authority exists for this regulation; 3) to the extent practicable, the rules are clearly stated so that their meaning will be understood by any party required to comply with the regulation; 4) the rules do not conflict with other provisions of law; and 5) the duplicating or overlapping of the regulation is explained by the agency proposing the rules.

Effective date of rule changes will be November 1, 2009.

Bob Summers							07/30/2009
Bob Summers							Date
Director
Division of Workers’ Compensation