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Second Regular Session DRAFT

Sixty-seventh General Assembly 10.5.09


STATE OF COLORADO
BILL 1

LLS NO. 10-0206.01 Kristen Forrestal INTERIM COMMITTEE BILL


Interim Committee to Study Issues Related to Pinnacol Assurance

SHORT TITLE: "Workers' Compensation Accountability"

A BILL FOR AN ACT


101 C ONCERNING ACCOUNTABILITY FOR WORKERS' COMPENSATION
102 INSURERS.

Bill Summary

(Note: This summary applies to this bill as introduced and does


not necessarily reflect any amendments that may be subsequently
adopted.)

Interim Committee to Study Issues Related to Pinnacol


Assurance. Requires workers' compensation insurers to survey injured
workers at the close of each claim. Requires the insurers to report the
result of the surveys to the division of workers' compensation (division)
in the department of labor and employment. Requires the division to post
the survey results on the division's web site.
Requires the chief executive officer of Pinnacol Assurance to
submit an annual report to the governor and committees of the general
assembly reporting on the business operations, resources, and liabilities

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.


Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
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of the Pinnacol Assurance fund.
Requires the division to post on the division's web site the
procedure for an injured worker to follow to file a complaint with the
division regarding any issue over which the director or his or her designee
has authority to pursue, settle, or enforce.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Part 2 of article 43 of title 8, Colorado Revised

3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to

4 read:

5 8-43-220. Injured worker exit survey. (1) U PON CLOSURE OF

6 A CLAIM , EACH INSURER SHALL SURVEY THE CLAIMANT REGARDING THE

7 CLAIMANT 'S SATISFACTION WITH THE INSURER. T HE SURVEY SHALL BE

8 CONDUCTED IN A FORM AND MANNER AS PRESCRIBED BY THE DIRECTOR.

9 T HE SURVEY SHALL INCLUDE QUESTIONS REGARDING COURTESY,

10 PROMPTNESS OF MEDICAL CARE, PROMPTNESS OF HANDLING THE CLAIM ,

11 PROMPTNESS OF RESOLVING THE CLAIM , AND OVERALL SATISFACTION

12 WITH THE EXPERIENCE WITH THE INSURER.

13 (2) T HE INSURER SHALL REPORT THE SURVEY RESULTS ANNUALLY

14 TO THE DIVISION. T HE DIRECTOR SHALL POST THE RESULTS OF THE

15 SURVEYS ON THE DIVISION'S WEB SITE.

16 SECTION 2. 8-45-122, Colorado Revised Statutes, is

17 RECREATED AND REENACTED, WITH AMENDMENTS, to read:

18 8-45-122. Annual report. (1) T HE CHIEF EXECUTIVE OFFICER OF

19 P INNACOL A SSURANCE SHALL SUBMIT AN ANNUAL REPORT TO THE

20 GOVERNOR; THE BUSINESS AFFAIRS AND LABOR COMMITTEE OF THE HOUSE

21 OF REPRESENTATIVES; THE BUSINESS, LABOR AND TECHNOLOGY

22 COMMITTEE OF THE SENATE; AND THE HEALTH AND HUMAN SERVICES

23 COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR

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1 THEIR SUCCESSOR COMMITTEES , REPORTING ON THE BUSINESS

2 OPERATIONS, RESOURCES, AND LIABILITIES OF THE P INNACOL A SSURANCE

3 FUND.

4 (2) T HE REPORT REQUIRED IN SUBSECTION (1) OF THIS SECTION

5 SHALL INCLUDE THE FOLLOWING INFORMATION FOR THE PREVIOUS

6 CALENDAR YEAR:

7 (a) T HE NUMBER OF POLICIES HELD BY P INNACOL A SSURANCE;

8 (b) T HE TOTAL ASSETS OF P INNACOL A SSURANCE;

9 (c) T HE AMOUNT OF RESERVES;

10 (d) T HE AMOUNT OF SURPLUS;

11 (e) T HE NUMBER OF CLAIMS FILED;

12 (f) T HE NUMBER OF CLAIMS ADMITTED OR CONTESTED WITHIN THE

13 TWENTY- DAY PERIOD PURSUANT TO SECTION 8-43-203, SPECIFYING THE

14 NUMBER OF CONTESTED CLAIMS THAT ARE MEDICAL ONLY AND THOSE

15 THAT ARE INDEMNITY CLAIMS;

16 (g) T HE NUMBER OF MEDICAL PROCEDURES DENIED;

17 (h) T HE AMOUNT OF TOTAL COMPENSATION EACH EXECUTIVE

18 OFFICER OR STAFF MEMBER RECEIVES, INCLUDING BONUSES OR DEFERRED

19 COMPENSATION;

20 (i) T HE AMOUNT SPENT ON COMMISSIONS;

21 (j) T HE AMOUNT PAID TO TRADE ASSOCIATIONS FOR MARKETING

22 FEES;

23 (k) A LL INFORMATION RELATING TO BONUS PROGRAMS; AND

24 (l) A NY OTHER INFORMATION THE CHIEF EXECUTIVE OFFICER

25 DEEMS RELEVANT TO THE REPORT.

26 SECTION 3. Part 1 of article 47 of title 8, Colorado Revised

27 Statutes, is amended BY THE ADDITION OF A NEW SECTION to

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1 read:

2 8-47-112. Division web site - procedures to file complaints.

3 T HE DIRECTOR SHALL CLEARLY POST ON THE DIVISION'S WEB SITE THE

4 PROCEDURE FOR AN INJURED WORKER TO FOLLOW TO FILE A COMPLAINT

5 WITH THE DIVISION REGARDING ANY ISSUE OVER WHICH THE DIRECTOR OR

6 HIS OR HER DESIGNEE HAS AUTHORITY TO PURSUE, SETTLE , OR ENFORCE

7 PURSUANT TO ARTICLES 40 TO 47 OF THIS TITLE .

8 SECTION 4. Effective date. This act shall take effect July 1,

9 2010.

10 SECTION 5. Safety clause. The general assembly hereby finds,

11 determines, and declares that this act is necessary for the immediate

12 preservation of the public peace, health, and safety.

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