REGULATORY ANALYSIS
FOR AMENDMENTS TO RULE 2-5
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 insurers and injured workers who require guardian and conservator services as a result of their injury as well as individuals who provide such services.

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

Colorado is among the first states to mandate use of a fee schedule for guardian ad litem and conservator services, and the very first to do so in the context of workers’ compensation.  These services have never been included as benefits in workers’ compensation claims.  There is no data from which the Division can extrapolate costs at this time.  The fee schedule is intended to ensure that these services are available to injured workers while still moderating costs for insurers. 

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 is anticipated as a result of the rule changes.  Cases in which these services are appropriate are rare.    

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

Adoption of the rule is mandated by statute.  Inaction is not an option.

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.

Despite the emergency nature of these rules, stakeholder input was sought.  Through that process, the Division was unable to identify alternatives to the emergency rules being adopted.