REGULATORY ANALYSIS
FOR AMENDMENTS TO RULE 8
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 rule, economic or otherwise, upon the classes of affected persons.

The proposed new rule provisions concern new legislation pursuant to SB09-168 and section 8-43-404 of the Colorado Revised Statutes effective for claims filed on or after August 5, 2009. 

The new rule provisions will address the notice requirements, recording format and fees, records maintenance requirements, the process for requesting a copy of these recordings and the protection of the injured workers’ medical information.  .         

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 net impact on costs or revenues is anticipated as a result of the rule changes.  

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

The Director is required by statute to adopt rules concerning this subject matter. It is anticipated that the costs of implementing the new rule provisions will be minimal.  Statute requires doctors to audio record certain examinations, but many medical professionals already possess the technology required for the audio recordings.  In addition, the rules set out compensation for the doctor if any party requests a copy of the recording. Not taking this action would result in the Division being out of compliance with statutory changes and implementation.

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

Because of the nature of these proposed rule provisions 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