SB 186

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     SENATE BILL 26-186
     BY SENATOR(S) Marchman and Baisley, Rodriguez, Kipp, Coleman;
     also REPRESENTATIVE(S) Titone and Keltie, Paschal, Barron, Bradley,
     Caldwell, Duran, English, Flanell, Hamrick, Lieder, Lindsay, Marshall,
     Nguyen, Ricks, Rutinel.
     CONCERNING UPDATES TO THE "WORKERS' COMPENSATION ACT OF
          COLORADO" NECESSITATED BY TECHNOLOGY UPDATES.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, 8-40-201, add (10.5),
     (11.3), and (17.5) as follows:
             8-40-201. Definitions.
           As used in articles 40 to 47 of this title 8, unless the context
     otherwise requires:
           (10.5) "FILING" MEANS SERVICE OF A DOCUMENT WITH THE DIVISION
     OR WITH A COURT.
             (11.3) "MAILED" OR "MAILING" MEANS SERVICE UPON A PARTY BY
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
ANY MEANS, WHETHER WITH A PHYSICAL COPY, THROUGH EMAIL, OR
THROUGH THE DIVISION'S ELECTRONIC FILING SYSTEM.
       (17.5) "SERVICE", "SERVE", OR "SERVED" MEANS PROVIDING A COPY
OF A DOCUMENT OR FILING TO ALL REQUIRED PARTIES BY PHYSICAL OR
ELECTRONIC MEANS AND INCLUDES A PROPER FILING THROUGH THE
DIVISION'S ELECTRONIC SYSTEM.
        SECTION 2. In Colorado Revised Statutes, 8-41-202, amend (1)
as follows:
       8-41-202. Rejection of coverage by corporate officers and others.
       (1) Notwithstanding any provisions of articles 40 to 47 of this title
TITLE 8 to the contrary, a corporate officer of a corporation or a member of
a limited liability company may elect to reject the provisions of articles 40
to 47 of this title TITLE 8. If so elected, said THE corporate officer or
member shall provide written notice on a form approved by the division
through a rule promulgated ADOPTED by the director of such THE election
to the worker's WORKERS' compensation insurer of the employing
corporation or company, if any. by certified mail. If there is no workers'
compensation insurance company, the notice shall be provided to the
division. by certified mail. Such THE notice shall become BECOMES
effective the day following receipt of said THE notice by the insurer or the
division.
        SECTION 3. In Colorado Revised Statutes, 8-42-105, amend (2)(a)
as follows:
       8-42-105. Temporary total disability - hearings - rules.
        (2) (a) The first installment of compensation shall be paid no later
than the date that liability for the claim is admitted by the insurance carrier
or self-insured employer. If the insurance carrier or self-insured employer
denies liability for the claim, the claimant may request an expedited hearing
on the issue of compensability if the application is filed within forty-five
days after the date of mailing SERVICE of the notice of contest. The director
shall set any such expedited matter for hearing within forty days after the
date of the application, when the issue is liability for the disease or injury.
The time schedule for such an expedited hearing is subject to the extensions
PAGE 2-SENATE BILL 26-186
set forth in section 8-43-209. If a claimant elects not to request an expedited
hearing pursuant to this paragraph (a) SUBSECTION (2)(a), the time schedule
for hearing the matter shall be IS as set forth in section 8-43-209.
Compensation shall be paid at least once every two weeks, except where the
director determines that payment in installments should be made at some
other interval. The director may by rule convert monthly benefit schedules
to weekly or other periodic schedules.
        SECTION 4. In Colorado Revised Statutes, 8-42-107.2, amend
(2)(a)(I) introductory portion, (2)(a)(I)(A), (2)(b), (3)(a), (3)(b), and (4)(c)
as follows:
       8-42-107.2. Selection of independent medical examiner -
procedure - time - allocation of costs - disclosures regarding physician
relationships with insurers, self-insured employers, or claimants - rules
- applicability.
       (2) (a) (I) Except as otherwise provided in subparagraph (II) of this
paragraph (a) SUBSECTION (2)(a)(II) OF THIS SECTION, the time for selection
of an IME commences as follows, depending on which party initiates the
dispute:
       (A) For the claimant, the time for selection of an IME commences
with the date of mailing SERVICE of a final admission of liability by the
insurer or self-insured employer that includes an impairment rating issued
in accordance with section 8-42-107.
       (b) If any party disputes a finding or determination of the authorized
treating physician, such THE party shall request the selection of an IME. The
requesting party shall notify all other parties in writing of the request, on a
form prescribed by the division by rule, and shall propose one or more
acceptable candidates for the purpose of entering into negotiations for the
selection of an IME. Such THE notice and proposal is effective upon
mailing via United States mail, first-class postage paid, addressed SERVICE
to the division and to the last-known address of each of the other parties.
Unless such THE notice and proposal are given within thirty days after the
date of mailing SERVICE of the final admission of liability or the date of
mailing or delivery SERVICE of the disputed finding or determination, as
applicable pursuant to paragraph (a) of this subsection (2) SUBSECTION
(2)(a) OF THIS SECTION, the authorized treating physician's findings and
PAGE 3-SENATE BILL 26-186
determinations shall be ARE binding on all parties and on the division.
        (3) (a) (I) Upon receiving the requesting party's notice and proposal
pursuant to subsection (2) of this section, the other parties have until the end
of the thirtieth day after the date of mailing of such SERVICE OF THE notice
and proposal within which to negotiate and select an IME. If the parties
agree on an IME on or before such THE thirtieth day, the requesting party
shall promptly notify the IME in writing that he or she THE IME has been
selected. If, within such time, the parties are unable to agree or the
requesting party receives no DOES NOT RECEIVE A response to the notice and
proposal, the insurer or self-insured employer shall give written notice of
such THE fact to the division within thirty days. via United States mail,
first-class postage paid.
        (II) The division shall then, within ten days after receiving such
written notice, select three physicians by a revolving selection process
established by the division from the list of physicians maintained by the
division. The division shall administer the list in such fashion as to ensure
A FASHION THAT ENSURES that the names of candidates to serve as IME in
each pending case remain confidential until the IME is selected. The
director of the division shall promulgate ADOPT rules to implement the
process of selecting a panel of three physicians from which the parties may
select a physician to conduct a division independent medical examination.
The selection of a physician panel shall MUST be based on various factors,
including, but not limited to, the designation by rule of the fields of
specialization authorized to perform independent medical examinations for
conditions listed under each medical treatment guideline and measures to
prevent the over-utilization of physicians or specialists.
        (III) The requesting party shall have BE GIVEN the opportunity to
strike one of the three physicians from the list, followed by the opposing
party who shall then be given the opportunity to strike one physician from
the list. The remaining IME physician shall be designated by the division
to conduct the IME. If one or neither party strikes a physician from the list,
the division shall select the physician to conduct the IME from the
remaining physicians on the list.
       (b) Upon selection of the IME, the insurance carrier shall provide
to the IME and all other parties a copy of all medical records in its
possession relevant to the subject injury postmarked or hand-delivered
PAGE 4-SENATE BILL 26-186
within fourteen days prior to the independent medical examination. If the
insurance carrier or its representative fails to timely submit such THE
medical records, the claimant may request that the division cancel the
independent medical examination or the claimant may submit copies of all
medical records relevant to the subject injury that the claimant has available
within ten days prior to the independent medical examination, or as
otherwise arranged by the division with the IME. If the claimant submits
medical records, the defaulting party may supplement such THE records
pursuant to rules of the division. This subsection (3)(b) shall not be
construed to prohibit an independent medical examination from being
rescheduled.
        (4) (c) Within twenty days after the date of the mailing SERVICE of
the division's notice that it has received the IME's report, the insurer or
self-insured employer shall either file its admission of liability pursuant to
section 8-43-203 or request a hearing before the division contesting one or
more of the IME's findings or determinations contained in such THE report.
        SECTION 5. In Colorado Revised Statutes, 8-43-103, amend (1)
as follows:
       8-43-103. Notice of injury - time limit.
        (1) Notice of an injury, for which compensation and benefits are
payable, shall be given by the employer to the division and insurance
carrier, unless the employer is self-insured, within ten days after the injury,
and, in case of the death of any employee resulting from any such injury or
any accident in which three or more employees are injured, the employer
shall give immediate notice thereof OF DEATH OR INJURY to the director. If
no such notice is NOT given by the employer, as required by articles 40 to
47 of this title, such TITLE 8, notice may be given by any person. Any notice
required to be filed by an injured employee or, if deceased, by said THE
employee's dependents may be made and filed by anyone on behalf of such
THE claimant and shall be considered as done by such THE claimant if not
specifically disclaimed or objected to by such THE claimant in writing filed
with the division within a reasonable time. Such THE notice shall MUST be
in writing and upon forms prescribed by the division for that purpose and
served upon the division. by delivering to, or by mailing by registered mail
two copies thereof addressed to, the division at its office in Denver,
Colorado. Upon receipt of such THE notice from a claimant, the division
PAGE 5-SENATE BILL 26-186
shall immediately mail one SERVE A copy thereof to said TO THE employer
or said THE employer's agent or insurance carrier.
        SECTION 6. In Colorado Revised Statutes, 8-43-104, amend (1)
as follows:
       8-43-104. Electronic filings - rules.
       (1) The rejection for technical errors by the division of any
document, form, or notice that is filed electronically shall DOES not affect
the validity of the notice to the claimant or any other party; EXCEPT THAT
SUCH REJECTION MAY RESULT IN A FINDING THAT THERE WAS NOT PROPER
SERVICE TO THE DIVISION, OTHER PARTIES, OR BOTH.
        SECTION 7. In Colorado Revised Statutes, 8-43-203, amend
(1)(a), (2)(a), (2)(b)(II)(A), (3) introductory portion, (3)(d)(VI), (3)(d)(VII),
and (4) as follows:
       8-43-203. Notice concerning liability - notice to claimants -
notice of rights and claims process - rules.
        (1) (a) The employer or, if insured, the employer's insurance carrier
shall notify in writing the division and the injured employee or, if deceased,
the decedent's dependents within twenty days after a report is, or should
have been, filed with the division pursuant to section 8-43-101, whether
liability is admitted or contested; except that, for the purpose of this section,
any knowledge on the part of the employer, if insured, is not knowledge on
the part of the insurance carrier. The employer or the employer's insurance
carrier may notify the division electronically. Unless exempted by the
director pursuant to rule because of a small number of filings or a showing
of financial hardship, beginning July 1, 2006, all notices of contest shall be
filed electronically. The rejection of an electronically filed notice by the
division for a technical error shall DOES not affect the validity of the notice
to the claimant, BUT WILL NOT BE CONSIDERED PROPER SERVICE TO THE
DIVISION. If the insurance carrier or self-insured employer denies liability
for the claim, the claimant may request an expedited hearing on the issue of
compensability if the application therefor FOR AN EXPEDITED HEARING is
filed within forty-five days after the date of mailing SERVICE of the notice
of contest. The director shall set any such expedited matter for hearing
within sixty days after the date of the application, when the issue is liability
PAGE 6-SENATE BILL 26-186
for the disease or injury. The time schedule for such an expedited hearing
is subject to the extensions set forth in section 8-43-209. If a claimant elects
not to request an expedited hearing pursuant to this subsection (1), the time
schedule for hearing the matter shall be IS as set forth in section 8-43-209.
        (2) (a) If such notice is not filed as provided in subsection (1) of this
section, the employer or, if insured, the employer's insurance carrier, as the
case may be, may become liable to the claimant, if the claimant is
successful on the claim for compensation, for up to one day's compensation
for each day's failure to so notify; except that the employer or, if insured,
the employer's insurance carrier shall not be liable for more than the
aggregate amount of three hundred sixty-five days' compensation for failure
to timely admit or deny liability. Fifty percent of any penalty paid pursuant
to this subsection (2) shall be paid to the subsequent injury COLORADO
UNINSURED EMPLOYER fund, created in section 8-46-101 SECTION 8-67-105,
and fifty percent to the claimant.
        (b) (II) (A) An admission of liability for final payment of
compensation must include a statement that this is the final admission by
the workers' compensation insurance carrier in the case, that the claimant
may contest this admission if the claimant feels entitled to more
compensation, to whom the claimant should provide written objection, and
notice to the claimant that the case will be automatically closed as to the
issues admitted in the final admission if the claimant does not, within thirty
days after the date of the final admission, contest the final admission in
writing and request a hearing on any disputed issues that are ripe for
hearing, including the selection of an independent medical examiner
pursuant to section 8-42-107.2 if an independent medical examination has
not already been conducted. If an independent medical examination is
requested pursuant to section 8-42-107.2, the claimant is not required to file
a request for hearing on disputed issues that are ripe for hearing until the
division's independent medical examination process is terminated for any
reason. Any issue for which a hearing or an application for a hearing is
pending at the time that the final admission of liability is filed shall proceed
to the hearing without the need for the applicant to refile an application for
hearing on the issue. This information must also be included in the
admission of liability for final payment of compensation. The respondents
have twenty days after the date of mailing SERVICE of the notice from the
division of the receipt of the IME's report to file an admission or to file an
application for hearing. The claimant has thirty days after the date
PAGE 7-SENATE BILL 26-186
respondents file the admission or application for hearing to file an
application for hearing, or a response to the respondents' application for
hearing, as applicable, on any disputed issues that are ripe for hearing. The
revised final admission, if any, must contain the statement required by this
subparagraph (II) SUBSECTION (2)(b)(II), and the provisions relating to
contesting the revised final admission apply. When the final admission is
predicated upon medical reports, the reports must accompany the final
admission.
        (3) In addition to any other notice required by this section, at the
time that the employer or, if insured, the employer's insurance carrier
provides the notice required by subsection (1) of this section, the employer
or insurance carrier shall provide to the claimant a brochure written in easily
understood language, in a form developed by the director after consultation
with employers, insurance carriers, and representatives of injured workers,
describing the claims process and informing the claimant of the claimant's
rights. If the claimant has previously authorized the employer or, if insured,
the employer's insurance carrier to communicate with the claimant through
electronic transmission, the brochure may be sent to the claimant
electronically. The brochure shall MUST, at a minimum, contain the
following information:
       (d) A description of how the claims process works, including:
       (VI) The claimant's right to object to and request a hearing on any
final admission of liability within thirty days after the mailing SERVICE of
the admission in order to retain certain rights;
        (VII) The claimant's right to challenge a finding of an impairment
rating or maximum medical improvement in a final admission of liability
within thirty days after the mailing SERVICE of the admission in order to
retain certain rights;
       (4) Within fifteen days after the mailing SERVICE of a written
SUBMISSION OR request for a copy of the claim file, the employer or, if
insured, the employer's insurance carrier or third-party administrator shall
provide to the claimant or his or her THE CLAIMANT'S representative a
complete copy of the claim file that includes all medical records, pleadings,
correspondence, investigation files, investigation reports, witness
statements, information addressing designation of the authorized treating
PAGE 8-SENATE BILL 26-186
physician, and wage and fringe benefit information for the twelve months
leading up to the date of injury and thereafter, regardless of the format. If
a privilege or other protection is claimed for any materials, the materials
must be detailed in an accompanying privilege log.
       SECTION 8. In Colorado Revised Statutes, 8-43-204, amend (8)(a)
and (8)(c) as follows:
       8-43-204. Settlements - rules.
       (8) The director shall adopt rules as necessary to implement the
procedure to review and approve settlement documents. At a minimum, the
rules must:
      (a) Allow a represented claimant to submit settlement documents for
approval by electronic mail ELECTRONICALLY;
       (c) Require the division to electronically mail to SERVE counsel of
record, or to the insurance carrier or self-insured employer if not
represented, WITH a copy of the division's order approving the settlement
agreement of the parties.
       SECTION 9. In Colorado Revised Statutes, 8-43-207, amend (1)
introductory portion, (1)(e), (1)(f), and (1)(i) as follows:
       8-43-207. Hearings.
       (1) Hearings shall be held to determine any controversy concerning
any issue arising under articles 40 to 47 of this title TITLE 8. In connection
with hearings, the director and administrative law judges are empowered to:
        (e) Upon written motion and for good cause shown, permit parties
to engage in discovery; except that permission need not be sought if each
party is represented by an attorney. The director or administrative law judge
may rule on discovery matters and impose the sanctions provided in the
rules of civil procedure in the district courts for willful failure to comply
with permitted discovery.
      (f) Upon written motion and for good cause shown, conduct
prehearing conferences for the settlement or simplification of issues;
PAGE 9-SENATE BILL 26-186
       (i) Upon written motion and for good cause shown, grant reasonable
extensions of time for the taking of any action contained in this article
ARTICLE 43;
       SECTION 10. In Colorado Revised Statutes, 8-43-211, amend (1)
introductory portion as follows:
       8-43-211. Notice - request for hearing.
        (1) At least thirty days before any hearing, the office of
administrative courts in the department of personnel shall send written
notice to all parties by regular or electronic mail. or by facsimile. The notice
must:
        SECTION 11. In Colorado Revised Statutes, 8-43-215, amend (1)
as follows:
       8-43-215. Orders.
        (1) No more than fifteen working days after the conclusion of a
hearing, the administrative law judge or director shall issue a written order
allowing or denying the claim. The written order must either be a summary
order or a full order. A full order must contain specific findings of fact and
conclusions of law. If compensation benefits are granted, the written order
must specify the amounts thereof OF THE COMPENSATION BENEFITS, the
disability for which compensation benefits are granted, by whom and to
whom such benefits are to be paid, and the method and time of the
payments. A certificate of mailing SERVICE and a copy of the written order
shall be served by regular or electronic mail or by facsimile to UPON each
of the parties in interest or their representatives, the original of which is a
part of the records in the case. If an administrative law judge has issued a
summary order, a party dissatisfied with the order may make a written
request for a full order within ten working days after the date of mailing
SERVICE of the summary order. The request is a prerequisite to review under
section 8-43-301. If a request for a full order is made, the administrative law
judge has ten working days after receipt of the request to issue the order. A
full order shall be entered as the final award of the administrative law judge
or director subject to review as provided in this article ARTICLE 43.
       SECTION 12. In Colorado Revised Statutes, 8-43-301, amend
PAGE 10-SENATE BILL 26-186
(2)(a)(I), (2)(b), (6), and (10) as follows:
       8-43-301. Petitions to review.
        (2) (a) (I) If a party is dissatisfied with an order that determines
compensability of a claim or liability of any party, that requires any party to
pay a penalty or benefits, or that denies a claimant any benefit or penalty,
the party may file a petition to review the order. If the order was entered by
the director, the party must file the petition with the division. If the order
was entered by an administrative law judge, the party must file the petition
at the Denver office of the office of administrative courts in the department
of personnel. The party must serve the petition to review by regular or
electronic mail on all the parties.
        (b) A dissatisfied party may file the petition to review, by regular or
electronic mail, and the petition is deemed filed upon the date of mailing
SERVICE, as determined by the certificate of mailing SERVICE, if the
certificate of mailing SERVICE indicates that the petition to review was
mailed to SERVED ON the division or to the Denver office of the office of
administrative courts in the department of personnel, as appropriate. The
petition to review must be in writing and must set forth in detail the
particular errors and objections of the petitioner. A petitioner must, at the
time of filing the petition, order any transcript relied upon for the petition
to review, arrange with the hearing reporter to pay for the transcript, and
notify opposing parties of the transcript ordered. Opposing parties must
order any other transcript not ordered by the petitioner and arrange with the
hearing reporter to pay for the other transcript within twenty days after the
date of the certificate of mailing SERVICE of the petition to review the order.
        (6) A party dissatisfied with a supplemental order may file a petition
for review by the panel. The petition shall be filed with the division if the
supplemental order was issued by the director or at the Denver office of the
office of administrative courts in the department of personnel if the
supplemental order was issued by an administrative law judge. The petition
shall be filed within twenty days after the date of the certificate of mailing
SERVICE of the supplemental order. The petition shall MUST be in writing,
shall set forth in detail the particular errors and objections relied upon, and
shall be accompanied by a brief in support thereof OF THE PETITION. The
petition and brief shall be mailed SERVED by petitioner to all other parties
at the time the petition is filed. All parties, except the petitioner, shall be
PAGE 11-SENATE BILL 26-186
deemed opposing parties and shall have twenty days after the date of the
certificate of mailing SERVICE of the petition and brief to file with the
division or the Denver office of the office of administrative courts, as
appropriate, briefs in opposition to the petition.
        (10) The panel's order must be mailed to SERVED ON all parties of
record. Any party dissatisfied with the panel's order has twenty-one days
after the date of the certificate of mailing SERVICE of such THE order to
commence an action for judicial review in the court of appeals.
        SECTION 13. In Colorado Revised Statutes, 8-43-302, amend (2)
as follows:
       8-43-302. Corrected orders.
       (2) Any order corrected for clerical error, mistake, or inadvertence
shall be labeled "corrected order" and mailed SERVED by the division. Any
corrected order may be appealed in the manner provided in this article
ARTICLE 43 for any other order.
      SECTION 14. In Colorado Revised Statutes, amend 8-43-317 as
follows:
       8-43-317. Service of documents.
       All documents that are required to be exchanged under articles 40 to
47 of this title TITLE 8 shall be transmitted or served in the same manner or
by the same means to all required recipients ON THE SAME DAY.
        SECTION 15. In Colorado Revised Statutes, 8-43-404, amend as
it exists until January 1, 2028, (5)(a)(III)(C) as follows:
       8-43-404. Examination - refusal - personal responsibility -
physicians to testify and furnish results - injured worker right to select
treating physician - injured worker right to third-party
communications - rules.
       (5) (a) (III) 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:
PAGE 12-SENATE BILL 26-186
        (C) The notice is directed to the insurance carrier 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 PROVIDED to the employer, who shall notify the insurance
carrier, if necessary, and the initially authorized treating physician;
       SECTION 16. In Colorado Revised Statutes, 8-43-409, amend (1)
introductory portion as follows:
      8-43-409. Defaulting employers - investigation - penalties -
enjoined from continuing business - fines - procedure - definition -
repeal.
        (1) An employer subject to the terms and provisions of articles 40
to 47 of this title who TITLE 8 THAT fails to insure or to keep the insurance
required by such articles ARTICLES 40 TO 47 OF THIS TITLE 8 in force, allows
the insurance to lapse, or fails to effect a renewal of the insurance shall not
continue business operations while such THE default in effective insurance
continues. Upon receiving information that an employer is in default of its
insurance obligations, the director shall investigate. and, if the information
can be substantiated, shall notify the employer of the opportunity to request
a prehearing conference on the issue of default. As part of the director's
investigation, the director may verify that all employees of that employer
are insured through the employer's workers' compensation plan. The
director may forward any workers' compensation coverage issue to the
employer's workers' compensation carrier for further investigation by the
carrier. Thereafter, if necessary, the director may set the issue of the
employer's default for hearing in accordance with hearing time schedule and
procedures set forth in articles 40 to 47 of this title TITLE 8 and rules
promulgated ADOPTED by the director. Upon a finding that the employer is
in default of its insurance obligations, the director shall take either or both
of the following actions:
        SECTION 17. In Colorado Revised Statutes, 8-43-501, amend
(2)(a) as follows:
       8-43-501. Utilization review process - legislative declaration -
cash fund - rules.
       (2) (a) An insurer, self-insured employer, or claimant may request
PAGE 13-SENATE BILL 26-186
a review of services rendered pursuant to this article ARTICLE 8 by a
health-care provider. Requests for utilization review shall be submitted on
forms promulgated ADOPTED by the director by rule. At the time of
submission of a review request, the requester shall pay the division a fee
prescribed by the director by rule. Such THE fee shall MUST cover the
division's administrative costs and the costs of compensating utilization
review committee members. If a claimant is successful in a utilization
review case brought pursuant to this section, the division shall reimburse
the fee charged pursuant to this paragraph (a) SUBSECTION (2)(a) and assess
it against the insurer or self-insured employer. The state treasurer shall
credit fees collected pursuant to this section to the utilization review cash
fund, which fund is hereby created. Moneys MONEY in the utilization
review cash fund are IS continuously appropriated to the division for the
purpose of administering the utilization review program and may not revert
to the general fund at the end of any fiscal year. The division shall mail
PROVIDE to any claimant, insurer, or self-insured employer a notice that a
case is to be reviewed and that the claimant may be examined as a result of
such THE review. The claimant, insurer, or self-insured employer has thirty
days from the date of mailing of such SERVICE OF THE notice to examine the
medical records submitted by the party who requested the review and may
add medical records to the utilization review file that the party believes may
be relevant to the utilization review. The division shall maintain a special
file for utilization review cases. Such THE file shall be MADE accessible
only to interested parties in a utilization review case and shall not otherwise
be open to any person.
       SECTION 18. In Colorado Revised Statutes, 8-46-102, amend
(1)(b) as follows:
      8-46-102. Funding for subsequent injury fund, Colorado
uninsured employer fund, and major medical insurance fund.
       (1) (b) In the event that the deceased is a minor with no WITHOUT
ANY persons either wholly or partially dependent upon the deceased, the
employer or the employer's insurance carrier, if any, shall pay to the parents
of the deceased the sum of fifteen thousand dollars, not to exceed one
hundred percent of the death benefit. In the event that there are no NOT
surviving parents, the employer or the employer's insurance carrier, if any,
shall pay such THE benefits to the division, to be transmitted to the state
treasurer, as custodian, and credited by the state treasurer to the subsequent
PAGE 14-SENATE BILL 26-186
injury COLORADO UNINSURED EMPLOYER fund CREATED IN SECTION
8-67-105. In the event that there are persons only partially dependent upon
the deceased, the employer or the employer's insurance carrier, if any, shall
first pay such benefits to such THE partially dependent persons and shall pay
the balance to the surviving parents of the deceased, or in the event that
there are no NOT surviving parents, the remaining balance shall be paid to
the division, to be transmitted to the state treasurer, as custodian, who shall
credit the same to the subsequent injury COLORADO UNINSURED EMPLOYER
fund CREATED IN SECTION 8-67-105.
       SECTION 19. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 15-SENATE BILL 26-186
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________  ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
PAGE 16-SENATE BILL 26-186