Amendments for SB21-197
Senate Journal, April 29
After consideration on the merits, the Committee recommends that SB21-197 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, strike lines 3 through 6 and substitute "corporation,
or partnership IMMEDIATELY UPON RECEIPT OF NOTICE OF AN ON-THE-JOB
INJURY, BUT NOT MORE THAN SEVEN BUSINESS DAYS AFTER RECEIPT OF NOTICE
OF THE ON-THE-JOB INJURY, AN EMPLOYER OR INSURER SHALL, IN WRITTEN
VERIFIED FORM, PROVIDE AN INJURED WORKER WITH NOTICE OF THE INJURED
WORKER'S RIGHT TO DESIGNATE A TREATING PHYSICIAN AND NOTIFY THE
INJURED WORKER WHERE TO ACCESS THE DIVISION'S LIST OF LEVEL I AND LEVEL
II ACCREDITED PHYSICIANS. THE DIRECTOR SHALL CREATE A FORM TO
IMPLEMENT THE PROCEDURE TO DESIGNATE A PHYSICIAN. THE".
Page 3, line 7, after "DESIGNATE" insert "ONLY".
Page 3, strike lines 21 through 27 and substitute "indicates to the employer or
insurer to the contrary IN AN EMERGENCY SITUATION, THE INJURED EMPLOYEE
SHALL BE TAKEN TO ANY PHYSICIAN OR HEALTH-CARE FACILITY THAT IS ABLE
TO PROVIDE THE NECESSARY CARE. WHEN EMERGENCY CARE IS NO LONGER
REQUIRED, SUBSECTION (5)(a)(I)(A) OF THIS SECTION APPLIES. IMMEDIATELY
UPON RECEIPT OF NOTICE THAT EMERGENCY CARE IS NO LONGER REQUIRED, BUT
NOT MORE THAN SEVEN BUSINESS DAYS AFTER RECEIPT OF NOTICE THAT
EMERGENCY CARE IS NO LONGER REQUIRED, AN EMPLOYER OR INSURER SHALL,
IN WRITTEN VERIFIED FORM, NOTIFY THE INJURED EMPLOYEE OF THE INJURED
EMPLOYEE'S RIGHT TO DESIGNATE A TREATING PHYSICIAN AND NOTIFY THE
INJURED EMPLOYEE ABOUT HOW TO ACCESS THE DIVISION'S LIST OF LEVEL I AND
LEVEL II ACCREDITED PHYSICIANS.".
Page 4, strike lines 1 through 8.
Page 4, line 9, strike "(C)" and substitute "(C)".
Page 4, line 22, after the period add "IF THE INJURED EMPLOYEE DECLINES TO
DESIGNATE A TREATING PHYSICIAN WITHIN ONE HUNDRED EIGHTY DAYS AFTER
THE DATE OF INJURY, THE EMPLOYER OR INSURER MAY DESIGNATE A LEVEL I OR
LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO MEDICAL
PRACTICE ACT", ARTICLE 240 OF TITLE 12, AS THE EMPLOYEE'S DESIGNATED
TREATING PHYSICIAN.".
Page 5, strike lines 23 through 27.
Strike pages 6 and 7.
Page 8, strike lines 1 through 3 and substitute:
"(III) (II) An employee may obtain a one-time change in the designated
authorized treating physician under this section by providing notice that meets
the following requirements:
(A) The notice is provided within ninety days after the date of the injury
EMPLOYEE'S FIRST PHYSICIAN DESIGNATION, but before the injured worker
EMPLOYEE reaches maximum medical improvement;
(B) The notice is in writing and submitted on a form designated by the
director. The notice provided in this subparagraph (III) shall SUBSECTION
(5)(a)(II) MUST also simultaneously serve as a request and authorization to the
initially authorized treating physician to release all relevant medical records to
the newly authorized treating physician.
(C) The notice is directed to the insurance carrier INSURER or to the
employer's authorized representative, if self-insured, and to the initially
authorized treating physician and is deposited in the United States mail or
hand-delivered to the employer, who shall notify the insurance carrier INSURER,
if necessary, and the initially authorized treating physician;
(D) The new physician is on the employer's designated list or provides
medical services for a designated corporate medical provider on the list A LEVEL
I OR LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO
MEDICAL PRACTICE ACT", ARTICLE 240 OF TITLE 12;
(E) The transfer of medical care does not pose a threat to the health or
safety of the injured employee;
(F) An insurance carrier INSURER, or an employer's authorized
representative if the employer is self-insured, shall track how often injured
employees change their authorized treating physician pursuant to this
subparagraph (III) SUBSECTION (5)(a)(II) and shall report such information to
the division upon request.
(IV) (III) (A) When an injured employee changes his or her designated
authorized treating physician, the newly authorized treating physician shall
make a reasonable effort to avoid any unnecessary duplication of medical
services.
(B) The originally authorized treating physician shall send all medical
records in his or her possession pertaining to the injured employee to the newly
authorized treating physician within seven calendar days after receiving a
request for medical records from the newly authorized treating physician.
(C) The originally authorized treating physician shall continue as the
authorized treating physician for the injured employee until the injured
employee's initial visit with the newly authorized treating physician, at which
time the treatment relationship with the initially authorized treating physician
shall terminate.
(D) The opinion of the originally authorized treating physician
regarding work restrictions and return to work shall control unless and until
such opinion is expressly modified by the newly authorized treating physician.
(E) The newly authorized treating physician shall be presumed to have
consented to treat the injured employee unless the newly authorized treating
physician expressly refuses in writing within five days after the date of the
notice to change authorized treating physicians. If the newly authorized treating
physician refuses to treat the injured employee, the employee may return to the
employer to request an alternative authorized treating physician If the employer
does not provide an alternative authorized treating physician within five days
after the employee's request, rules established by the division shall control WHO
IS A LEVEL I OR LEVEL II ACCREDITED PHYSICIAN LICENSED UNDER THE
"COLORADO MEDICAL PRACTICE ACT", ARTICLE 240 OF TITLE 12.
(V) (IV) If the authorized treating physician moves from one facility to
another, or from one corporate medical provider to another, an injured
employee may continue care with the authorized treating physician, and the
original facility or corporate medical provider shall provide the injured
employee's medical records to the authorized treating physician within seven
days after receipt of a request for medical records from the authorized treating
physician.
(VI) (V) (A) In addition to the one-time change of physician allowed
in subparagraph (III) of this paragraph (a) SUBSECTION (5)(a)(II) OF THIS
SECTION, upon written request".
Page 9, line 6, strike "(5)(a)(II)(A)" and substitute "(5)(a)(V)(A)".
Page 9, line 14, strike "(5)(a)(II)" and substitute "(5)(a)(V)".
Page 9, line 19, strike "(5)(a)(II)(A)" and substitute "(5)(a)(V)(A)".
Agriculture &
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Senate Journal, May 3
SB21-197 by Senator(s) Rodriguez; also Representative(s) Woodrow--Concerning the treating
physician in workers' compensation cases.
Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, April 29, page(s) 681-682 and placed in members' bill files.)
Amendment No. 2(L.010), by Senator Rodriguez.
Amend the Business, Labor, and Technology Committee Report, dated April
28, 2021, page 1, line 6, strike "WORKER" and substitute "EMPLOYEE", and strike
"WORKER'S" and substitute "EMPLOYEE'S".
Page 1 of the committee report, line 7, strike "WORKER" and substitute
"EMPLOYEE".
Amend printed bill, page 3, line 14, after the period add "IF THE EMPLOYEE
DECLINES TO DESIGNATE A PHYSICIAN WITHIN SEVEN BUSINESS DAYS AFTER
RECEIPT OF NOTICE OF THE RIGHT TO DESIGNATE IN WRITTEN VERIFIED FORM, AN
EMPLOYER OR INSURER MAY DESIGNATE ONLY A LEVEL I OR LEVEL II
ACCREDITED PHYSICIAN LICENSED UNDER THE "COLORADO MEDICAL PRACTICE
ACT", ARTICLE 240 OF TITLE 12, AS THE EMPLOYEE'S AUTHORIZED TREATING
PHYSICIAN. THE EMPLOYEE MAY SUBSEQUENTLY DESIGNATE A PHYSICIAN
CONSISTENT WITH THIS SUBSECTION (5)(a)(I)(A) WITHIN ONE HUNDRED EIGHTY
DAYS AFTER THE DATE OF INJURY. THE PHYSICIAN DESIGNATED BY THE
EMPLOYER OR INSURER AND THE PHYSICIAN DESIGNATED BY EMPLOYEE SHALL
COMPLY WITH SUBSECTION (5)(a)(III)(A) OF THIS SECTION.".
Amendment No. 3(L.011), by Senator Rodriguez.
Amend the Business, Labor, and Technology Committee Report, dated April
28, 2021, page 2, strike lines 4 through 10.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
Senate Journal, May 4
SB21-197 by Senator(s) Rodriguez; also Representative(s) Woodrow--Concerning the treating
physician in workers' compensation cases.
A majority of those elected to the Senate having voted in the affirmative, Senator
Rodriguez was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.012), by Senator Rodriguez.
Amend engrossed bill, page 3, lines 26 and 27, strike "(5)(a)(I)(A) WITHIN ONE
HUNDRED EIGHTY DAYS AFTER THE DATE OF INJURY." and substitute
"(5)(a)(I)(A).".
The amendment was passed on the following roll call vote: