PROPOSED STATEMENT OF BASIS AND PURPOSE FOR AN
AMENDMENT 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. §8-43-404(5)(a)(IV)(E) requires the Division to adopt rules in this specific area.

PURPOSE:  To revise the rule provision that implements the one-time change of authorized treating physician.

The proposed rule amendment addresses the following subject:

Rule 8-5(B)    One-Time Change of Authorized Treating Physician

The proposed amendment clarifies that the injured worker must mail or hand- deliver the one-time change of physician request form to the employer.  This is accomplished by providing the form to the individual(s) designated by the employer to receive the notice.  That individual must then notify the impacted physicians and the individual adjusting the claim of the change, unless there is an objection to the one time change of physician.

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

Bob Summers							12/17/2008
Bob Summers							Date
Director, Division of Workers’ Compensation         

REGULATORY ANALYSIS
FOR AMENDMENT TO RULE 8-5 OF THE 
 WORKERS' COMPENSATION RULES OF PROCEDURE
7 CCR 1101-3

1.	Description of classes of persons who will be affected by the rule, including classes that will bear the costs of the rules and classes that will benefit from the rule.

The classes of persons affected by the rule are all persons and entities involved in the Colorado Workers’ Compensation system.  This includes, but is not limited to, injured workers, self-insured employers, 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 main purpose is to clarify procedures and requirements.

By providing additional guidance this rule amendment should assist all persons in complying with a change to the Workers’ Compensation Act in the most efficient manner possible.  Providing the guidance in this rule will reduce disputes that would otherwise arise. 

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

The proposed rule amendment is for clarification and procedural purposes..  The current rule is scheduled for discontinuation through legislative action.  Taking no action will result in a gap in the process and lead to uncertainty and confusion when an injured worker elects to exercise the right to change physicians.  .  

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

There are no known less costly or less intrusive means.   

6.	Description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons they were rejected in favor of the proposed rules.

A different method was considered and adopted, but the current rule is going to be discontinued.  Because of the nature of this proposed rule amendment 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