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Committee adopts accountability amendment for workers’ comp, but tables the bill
Summary
A McKenzie amendment added a 'good faith' definition, a three‑year mediation pilot and reporting requirements for carriers who miss the 30‑day payment/denial window; DOL said those carriers would be required to self‑report and the mediation clause could be read as mandatory once invoked. The committee later voted to ITL the amended bill.
Representative Ken McKenzie introduced an amendment to H.B. 13‑52 aimed at speeding payments and increasing accountability in the workers’ compensation system.
The amendment (adopted 16–4) defined a statutory “good‑faith” obligation for parties, restored earlier penalty language, created a voluntary three‑year mediation pilot and required carriers or payers to notify the Department of Labor if they failed to pay or deny a bill within the 30‑day review period. Representative McKenzie said the change is intended to reduce months‑long payment delays and give providers tools to resolve claims earlier.
Danielle Albert, deputy commissioner of the Department of Labor, told the committee that section 23 currently obliges carriers to pay or deny presented medical bills within 30 days and that, under the amendment, carriers would have to self‑report missed payments to the department. She also warned that the mediation language in the amendment could be interpreted so that, once mediation is requested, participation would be mandatory — which could create preconditions to administrative hearings and raise questions about how the department would maintain a neutral‑mediator list and handle challenges to neutrality. “The accountability piece ... is requiring those insurance carriers ... to report themselves when they have not taken the requisite action,” Albert said.
Opponents and some members argued the amendment did not address repricing — a concern raised repeatedly by providers during earlier testimony — and proposed referring repricing to the Workers’ Compensation Advisory Council for study. Representative Granger warned of potential gaming of any new tool and opposed rushing other changes without study; Representative Sullivan favored the amendment’s accountability measures but also supported further study of repricing.
After the amendment’s adoption, the committee, by a separate vote, recommended ITL on H.B. 13‑52 as amended (11–9), effectively sending the measure back for redrafting or further study.
What’s next: Sponsors and DOL staff offered to work on clarifying mediation language and the scope of carrier reporting. Committee members suggested the Workers’ Comp Advisory Council as a venue to examine repricing and other technical issues.
Quotes: “If an insurance carrier fails to either pay in whole or part or deny within that 30‑day time frame, the department would be able to take ... regulatory compliance action,” Danielle Albert said, describing enforcement options.
