Changes in Colorado Workers' Compensation
Law and Procedure: Employee Choice
BetweenTwo Physicians

From Mountain States Employers Council Hot Topics - Jan. 2, 2008

There are two significant changes in workers' compensation law and procedure that will go into effect on January 1, 2008. Notice regarding the first change, House Bill 07-1176, occurred shortly after it was enacted this summer.

(1)  Employers must designate at least two medical providers to treat employees injured on the job. This is a departure from the law in effect prior to January 1, 2008, which requires only one designated provider. Exception: For employers in rural areas where there are not four providers within 30 miles, employers are only required to designate one medical provider.

• The two medical providers must be at two distinct locations without common ownership.

• Exception: If there are not two providers at two distinct locations within 30 miles of each other, then employers may designate two providers at the same location or with shared ownership interests.

• Employers that are health care providers or governmental entities that currently have their own occupational health care provider systems may designate health care providers from within their own systems and need not provide an alternative physician or corporate medical provider from outside their own systems.

• Employees can obtain a one-time change in the designated provider by giving written notice to the employer/insurer within 90 days after the date of injury but before reaching maximum medical improvement (MMI).

  Click here for the full text of House Bill 07-1176.

(2) Rule 8 of the Colorado Workers' Compensation Rule of Procedure is the more recent and related second change that also goes into effect on January 1, 2008. Rule 8 imposes new notice requirements on employers at the time of injury.

• At the time of injury, the following information must be provided to the injured worker in writing:
  - Names and contact information of the two designated medical providers
  - Name and contact information of the employer's authorized representative
  - Name and contact information of the employer's workers' compensation carrier, or, if none, that the employer is self insured

• If circumstances preclude providing the information described above at the time of injury, the list must be provided by verifiable means within seven business days of the injury notification date.

Rule 8 also allows employees provide a written request of designated provider ownership interests, to which the employer must respond.

  Click here for the full text of Rule 8.

The forms Notice of One-Time Change of Physician & Authorization for Release of Medical Information and Designated Health Care Provider Disclosure are also available.