Adjust Experience Modification Factor in Workers' Compensation
Summary
The act creates a process for employers and licensed insurance producers to update an employer's experience modification factor when:An open claim is reported by an insurance carrier to the rating bureau with a higher open claim amount than the amount after the claim was closed; andThe lower claim amount would reduce an employer's experience modification factor at least .05 compared to the previously released experience modification factor or from above 1.0 to 1.0 or below. The employer must notify the insurance carrier between the time the claim is reported to a rating bureau and 31 days after the employer's rating effective date. The insurance carrier is required to credit the employer for a premium change resulting from the revised experience modification factor.(Note: This summary applies to this bill as enacted.)
Bill status
signed
all 5 stages cleared
Introduction
Apr 2026
Committee Review
May 2026
Senate Passage
May 2026
House Passage
May 2026
Signed into Law
Jun 2026
Introduced Apr 21, 2026
Signed Jun 2, 2026
Maddy AI version diff · 5 comparisons
What changed between versions
Rerevised
→
Final Act
·
4 edits
·
May 20, 2026
MODERATE
This bill establishes a process for employers to request a reduction in their workers' compensation experience modification factor if an insurance carrier initially overestimated the cost of a closed claim. It requires carriers to notify rating organizations to adjust the factor within 30 days if the lower claim amount would significantly reduce the employer's rating. The changes ensure that employers are not penalized for administrative over-reserving on claims that have already been settled.
Scope change
The bill applies to all claims closed on or after January 1, 2027, and covers all insurance carriers authorized to do business in Colorado.
REQUIREMENT
Requires insurance carriers to notify the employer's authorized rating organization to revise the experience modification factor when a closed claim amount is lower than the initially reported open claim amount.
Mandates that the rating organization adjust the experience modification factor within 30 days of notification from the insurance carrier.
ELIGIBILITY
Allows employers to request a modification only if the lower claim amount reduces the experience factor by at least 0.05 or changes the factor from above 1.0 to 1.0 or below.
TIMELINE
Sets the effective date of the act for January 1, 2027, and includes a referendum provision allowing voters to repeal the act within 90 days of final adjournment.
Floor votes · House May 9, 2026
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
13
Key actions
7
Committee
2
Jun 2, 2026
Signed into law
Governor Signed
executive
May 21, 2026
Lower · Passed
Signed by the Speaker of the House
lower
May 21, 2026
Upper · Passed
Signed by the President of the Senate
upper
May 9, 2026
Lower · Passed
House Third Reading Passed - No Amendments
lower
May 6, 2026
Lower · Passed
House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole
lower
May 4, 2026
Introduced
Introduced In House - Assigned to Business Affairs & Labor
lower
May 4, 2026
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
Apr 30, 2026
Upper · Passed
Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
upper
Apr 21, 2026
Introduced
Introduced In Senate - Assigned to Business, Labor, & Technology
upper
4 primary · 12 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Chris Richardson
RRepublican
P
Marc Catlin
RRepublican
P
Marc Snyder
DDemocratic
P
Tisha Mauro
DDemocratic
Co
Adrienne Benavidez
DDemocratic
Co
Ava Flanell
RRepublican
Co
Carlos Barron
RRepublican
Co
Cathy Kipp
DDemocratic
Co
James Coleman
DDemocratic
Co
Jarvis Caldwell
RRepublican
Co
Larry Liston
RRepublican
Co
Rebecca Keltie
RRepublican
Co
Robert Rodriguez
DDemocratic
Co
Rod Pelton
RRepublican
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