On Feb. 25, 2025, COL LEG published final adopted rule amendments in State register.
AG review found no apparent constitutional or legal deficiency in form or substance.
The final amendments to COL LEG 7-1101-3 become effective as of Apr. 1, 2025.
On Sep. 25, COL LEG proposed rule re workers' comp treatments.
COL LEG proposed rule to amend COL LEG 7-1101-3 regarding Rule 11 on workers' compensation rules with treatment guidelines, re independent medical examinations.
Applies to parties and physicians participating in the Division Independent Medical Examination (DIME) program, and obligations for physicians seeking appointment.
DIME Qualification and Compliance
Physicians must have license with no restrictions, specific hours of direct patient care if determining permanent impairment or maximum medical improvement (MMI).
Also, physician who is selected to perform a DIME per an agreement by the parties and has not been appointed to the DIME panel is not required to apply for appointment.
Upon approval of the application for DIME appointment, the physician has several compliance requirements, including rules of procedure, disclosures, conflict of interest.
Director may temporarily inactivate/permanently remove a physician from the medical review panel for non-compliance acts, rule also adds dispute resolution options.
Includes income eligibility requirements for families determined to be indigent.
DIME Process and Fees
Includes notice requirements for parties disputing a MMI determination or impairment made by authorized treating physician, negotiations, choice to replace the physician.
The examination will be scheduled no earlier than 45 days or later than 75 days after the issuance of the notice of DIME physician confirmation, unless otherwise ordered.
Delivery requirements for medical records, recordings, depositions, by employer/other parties to the division, to be delivered to DIME physician at least 14 days before exam.
Claimant will notify the insurer or self-insured employer of the need for an interpreter no later than 14 days before the examination, and the insurer will pay associated fees.
Before the examination, the DIME process can be terminated by the Division or the administrative law judge, but after the process, it must include written agreement.
Process is concluded on the date the DIME unit serves the notice of completion on the parties, then insurer has 20 days to file an admission of liability or request a hearing.
Physician has minimum $1.5k deposit, $250 non-compliance fee, fees for untimely rescheduling, but if it is the DIME physician who terminates, deposit must be refunded.
Additionally, the DIME physician who reschedules the examination more than 2 times, will pay a $250 fee to the paying party within 14 days of the second reschedule.
A party who requests a DIME physician as a witness at a proceeding, will pay physician at the billing increments and the rate prescribed in Rule 18 for witness testimony.
Communication is restricted between parties and physician, during/after the process.
Consultation
Hearing on workers' compensation rules for treatment will be held on Oct. 16, 2024.
Feb. 2025 Rule Adoption
On Feb. 25, 2025, COL LEG published final adopted rule amendments in State register.
AG review found no apparent constitutional or legal deficiency in form or substance.
The final amendments to COL LEG 7-1101-3 become effective as of Apr. 1, 2025.
Regulators
COL LEG
Entity Types
Ins
Reference
COL SR Vol. 48 Is. 4, 2/25/2025; Op, 2/3/2025; COL SR Vol. 47 Is. 18, RF 7 CCR 1101-3, 9/25/2024; Citation: COL LEG 7-1101-3;
