Current through Register Vol. 47, No. 20, October 25, 2024
Section 3 CCR 719-1-32.00.00 - CONCERNING HEALTH CARE PROVIDER DISCLOSURES TO CONSUMERS ABOUT THE POTENTIAL EFFECTS OF RECEIVING EMERGENCY OR NONEMERGENCY SERVICES FROM AN OUT-OF-NETWORK PROVIDERA. Basis: The basis for this rule is to implement the requirements of section 12-30-112, C.R.S., in consultation with the Commissioner of Insurance and the State Board of Health.B. Purpose: The purpose of these rules and regulations is to establish the requirements for healthcare providers to provide disclosures to consumers about the potential effects of receiving emergency or non-emergency services from an out-of-network provider as required by section 12-30-112, C.R.S.C. Definitions, for purposes of this Rule, are as follows:1. "Publicly available" means, for the purposes of this regulation, searchable on the healthcare provider's public website, displayed in a manner that is easily accessible, without barriers, and that ensures that the information is accessible to the general public, including that it is findable through public search engines. The health care provider's public website must be accessible free of charge, without having to establish a user account, password, or other credentials, accept any terms or conditions, and without having to submit any personal identifying information.D. Disclosure requirements. 1. An out of network provider may balance bill a covered person for post-stabilization services in accordance with section 10-16-704, C.R.S., and covered nonemergency services in an in-network facility that are not ancillary services if the provider meets the requirements set forth in section 12-30-112 (3.5), C.R.S. If a consumer has incurred a claim for emergency or nonemergency health care services from an out-of-network provider, the health care provider shall provide the disclosures contained in Appendix F in compliance with section 12-30-112 (3.5), C.R.S.2. The health care provider shall provide the disclosure contained in Appendix F as set forth in section 12-30-112 (3.5), C.R.S.:E.Noncompliance with this Rule may result in the imposition of any of discipline made available by section 12-280-126(1)(c), C.R.S. Appendix A37 CR 18, September 25, 2014, effective 10/15/201438 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201639 CR 19, October 10, 2016, effective 11/14/201640 CR 04, February 25, 2017, effective 3/17/201740 CR 20, October 25, 2017, effective 11/14/201741 CR 16, August 25, 2018, effective 9/17/201842 CR 21, November 10, 2019, effective 11/30/201943 CR 10, May 25, 2020, effective 5/1/202043 CR 08, April 25, 2020, effective 5/15/202043 CR 15, August 10, 2020, effective 8/30/202043 CR 20, October 25, 2020, effective 11/14/202044 CR 04, February 25, 2021, effective 3/17/202144 CR 08, April 25, 2021, effective 5/15/202144 CR 21, November 10, 2021, effective 11/30/202145 CR 20, October 25, 2022, effective 9/29/202245 CR 21, November 10, 2022, effective 11/30/202246 CR 21, November 10, 2023, effective 11/30/2023