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.

The emergency rule removes an adopted but not yet effective provision of Rule 18 which would require certification of medical interpreters.  After the prior rule was adopted, it was determined an insufficient number of interpreters would be able to obtain certification prior to the rule becoming effective.  Failure to adopt the emergency rules would deny interpreters compensation for their services or prevent the use of interpretive services.  This would ultimately restrict access to care for non-English speaking patients.  

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.  The emergency rule reinstates the current requirements.  

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

As noted above, failure to act would result in denial of medical care and prevent medical interpreters from being reimbursed for their services.  The emergency rule maintains the status quo and will incur no additional costs.

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.

In performing the statutorily required updating of the medical fee schedule, a requirement for certification was initially imposed.  The Division of Workers’ Compensation continues to review alternatives to ensure quality interpretation services are available to patients; however, additional time is required to ensure an adequate number of certified interpreters are available.  It is anticipated a notice of permanent rulemaking will be issued in January 2020 to identify a long term solution.     

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