Colo. Rev. Stat. § 38-27.5-104

Current through Chapter 5 of the 2024 Legislative Session
Section 38-27.5-104 - Health-care provider lien - disclosures to injured person
(1) Before a health-care provider lien is created, a health-care provider or its assignee shall make the following disclosures and advisements to the injured person:
(a) That the following are potential methods for payment of a health-care provider's billed charges:
(I) The creation of a health-care provider lien;
(II) The use of benefits available from any payer of benefits as defined in section 38-27-101(9) to which the injured person is a beneficiary, including that the injured party can obtain information about the payer of benefits' network from the payer of benefits or the health-care provider;
(III) Any other payment method or arrangement agreed to in writing by both the health-care provider or its assignee and the injured person; or
(IV) A combination of the payment methods specified in subsections (1)(a)(I) to (1)(a)(III) of this section;
(b) That the health-care provider or its assignee is not a health insurer or payer of benefits;
(c) That, except in the event of fraud or misrepresentation by the injured person:
(I) If the injured person does not receive a judgment, settlement, or payment on the injured person's claim against third parties or under an uninsured or underinsured motorist policy, the injured person is not liable to the holder of the health-care provider lien for any portion of the health-care provider lien;
(II) If the injured person receives a net judgment, settlement, or payment that is less than the full amount of the health-care provider lien, the injured person is not liable to the holder of the health-care provider lien for any amount beyond the net judgment, settlement, or payment, and the holder of the health-care provider lien may not file a complaint or counterclaim against the injured person directly to be reimbursed for any amount beyond the net judgment, settlement, or payment. Nothing in this section prevents a health-care provider or its assignee from initiating a declaratory judgment action or participating in an interpleader action or claim pursuant to the Colorado rules of civil procedure, or any other similar action or claim, to determine the health-care provider's or its assignee's share of the injured person's net judgment, settlement, or payment.
(III) The health-care provider or its assignee may not assign a health-care provider lien to a collection agency or debt collector;
(d) That a health-care provider's assignee's compensation from the injured person is based on the difference between the health-care provider's usual and customary billed charge and the amount that the assignee pays to purchase the health-care provider lien;
(e) Of any common ownership interest between the holder of the health-care provider lien and the injured person's legal counsel;
(f) Of any common ownership interest between the assignee of a health-care provider lien and any health-care provider who is providing treatment or who may provide treatment to the injured person under the terms of the health-care provider lien; and
(g) That if the injured person has obtained health insurance even after a health-care provider lien has been created, and the injured person or the injured person's legal counsel so informs the holder of the health-care provider lien, all future care may be billed to the health insurance carrier at the injured person's discretion.
(2) Nothing in this section changes any obligation of the health-care provider or its agents under the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5.
(3) Upon request by the injured person or the injured person's legal counsel, the holder of a health-care provider lien shall provide in writing to the injured person an itemized statement of all the billed charges for treatment comprising the total value of the health-care provider lien as the billed charges are accrued, to the extent practicable, and when the health-care provider lien is final. The final itemized statement must include a summary of all treatments provided, the total amounts billed for each treatment, and the total amount of the health-care provider lien due and owing.

C.R.S. § 38-27.5-104

Added by 2021 Ch. 473,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1300), ch. 3390, p. 3390, § 1, effective September 7.
2021 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).