reglab/housing_qa huggingface dataset:
CO Code § 13-64-202 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-202. Definitions

 As used in this part 2, unless the context otherwise requires:    “Economic loss” means pecuniary harm for which damages are recoverable under the laws of this state.    “Future damages” means damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made.    “Health-care institution” means any licensed or certified hospital, health-care facility, dispensary, other institution for the treatment or care of the sick or injured, or a laboratory certified under the federal “Clinical Laboratories Improvement Act of 1967”, as amended, 42 U.S.C. sec. 263a, to perform high complexity testing.      “Health-care professional” means any person licensed in this state or any other state to practice medicine, chiropractic, nursing, physical therapy, podiatry, dentistry, pharmacy, optometry, or other healing arts. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state.    Repealed.    Nothing in this subsection (4) shall be construed to create an exception to the corporate practice of medicine doctrine.       “Noneconomic loss” means nonpecuniary harm for which damages are recoverable under the laws of this state, but the term does not include punitive or exemplary damages.    “Past damages” means damages that have accrued before the damages findings are made, including any punitive or exemplary damages allowed by the laws of this state.    “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the judgment is entered.    “Qualified insurer” means an insurance company licensed to do business in this state or any self-insurer, assignee, plan, or arrangement approved by the court.      History. Source: L. 88: Entire article added, p. 613, § 1, effective July 1. L. 93: (4) amended, p. 1920, § 4, effective July 1. L. 2003: (4) amended, p. 1600, § 4, effective July 1. L. 2004: (3) amended, p. 966, § 5, effective May 21.    Editor's note:   Subsection (4)(b) provided for the repeal of subsection (4)(b), effective July 1, 1996. (See L. 93, p. 1920 .)   Cross references:   For the legislative declaration contained in the 2003 act amending subsection (4), see section 1 of chapter 240, Session Laws of Colorado 2003.   ANNOTATION   Physical impairment is a recoverable item of damages under Colorado law as used in subsection (5). Dupont v. Preston, 9 P.3d 1193 (Colo. App. 2000), aff'd, 35 P.3d 433 (Colo. 2001).   Noneconomic damages for physical impairment and disfigurement are not included in the definition of noneconomic loss contained in § 13-64-302 . Preston v. Dupont, 35 P.3d 433 (Colo. 2001).
CO Code § 13-64-203 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-203. Periodic Payments

  In any civil action for damages in tort brought against a health-care professional or a health-care institution, the trial judge shall enter a judgment ordering that awards for future damages be paid by periodic payments rather than by a lump-sum payment if the award for future damages exceeds the present value of one hundred fifty thousand dollars, as determined by the court.    In any such action in which the award for future damages is one hundred fifty thousand dollars or less, present value, the trial judge may order that awards for future damages be paid by periodic payments.     History. Source: L. 88: Entire article added, p. 614, § 1, effective July 1.    ANNOTATION   Law reviews. For article, “Health Care Litigation in Colorado: A Survey of Recent Decisions”, see 30 Colo. Law. 91 (Aug. 2001).
CO Code § 13-64-204 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-204. Special Damages Findings Required

  If liability is found in a trial under this part 2, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of:   Any past damages for each of the following types:   Medical and other costs of health care;    Other economic loss except loss of earnings;    Loss of earnings; and    Noneconomic loss;       Any future damages and the period of time over which they will be paid, for each of the following types:   Medical and other costs of health care;    Other economic loss except loss of future earnings which would be incurred for the life of the claimant or any lesser period;    Loss of future earnings which would be incurred for the work life expectancy of the claimant or a lesser period; and    Noneconomic loss which would be incurred for the life of the claimant or any lesser period.          The calculation of all future damages under subparagraphs (I), (II), and (IV) of paragraph (b) of subsection (1) of this section shall reflect the costs and losses during the period of time, including life expectancy, if appropriate, that the claimant will sustain those costs and losses. The calculation of loss under subparagraph (III) of paragraph (b) of subsection (1) of this section shall be based on loss during the period of time the claimant would have earned income but for the injury upon which the claim is based.    The fact that payment of any judgment will be paid by periodic payments shall not be disclosed to a jury.     History. Source: L. 88: Entire article added, p. 614, § 1, effective July 1.    ANNOTATION   Law reviews. For article, “Health Care Litigation in Colorado: A Survey of Recent Decisions”, see 30 Colo. Law. 91 (Aug. 2001).   The Health Care Availability Act limits the total recovery for all noneconomic loss or injury to $250,000, including any such loss or injury resulting from physical impairment or disfigurement as set forth in § 13-21-102.5 . Plaintiffs may not recover for a separate category of damages for physical impairment and disfigurement in addition to the statutory categories set forth in this section. Ledstrom by and through Ledstrom v. Keeling, 10 F. Supp. 2d 1195 (D. Colo. 1998 ).   This section does not prohibit recovery for physical impairment. Damages for physical impairment are recoverable under the laws of this state as either economic or noneconomic loss and court did not err in instructing jury to determine separately the amount of past damages attributable to any physical impairment and any future damages allocable to any physical impairment. Dupont v. Preston, 9 P.3d 1193 (Colo. App. 2000), aff'd, 35 P.3d 433 (Colo. 2001).   This section requires determination of present value of future damages but does not require presentation of expert testimony as to the calculation of present value. Dupont v. Preston, 9 P.3d 1193 (Colo. App. 2000), aff'd on other grounds, 35 P.3d 433 (Colo. 2001).
CO Code § 13-64-206 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-206. Periodic Installment Obligations

  A judgment for periodic payments under this part 2 shall provide that:   Such periodic payments are fixed and determinable as to amount and time of payment;    Such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments; and    The recipient of such payments shall be a general creditor of the qualified insurer.       Unless the court directs otherwise and the parties otherwise agree, payments shall be scheduled at one-month intervals. Payments for damages accruing during the scheduled intervals are due at the beginning of the intervals. For good cause shown, the court may direct that periodic payments shall continue for an initial term of years notwithstanding the death of the judgment creditor during that term.    Money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor. Any such remaining periodic payments shall be paid to the heirs and devisees of the judgment creditor. Payments for future damages other than loss of future earnings shall cease at the death of the judgment creditor.     History. Source: L. 88: Entire article added, p. 615, § 1, effective July 1.    ANNOTATION   Although the federal government is not subject to the Colorado Health Care Availability Act (HCAA), under the Federal Tort Claims Act the government is to be treated in the same manner and to the same extent as a private individual under like circumstances. Therefore the government was entitled to receive a reversionary interest in that part of an award to a seriously injured child resulting from the government's negligence that would approximate the result contemplated by the HCAA. Hill v. U.S., 81 F.3d 118 (10th Cir. 1996).
CO Code § 13-64-207 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-207. Form of Funding

  A judgment for periodic payments entered in accordance with this part 2 shall provide for payments to be funded in one or more of the following forms approved by the court:   Annuity contract issued by a company licensed to do business as an insurance company under the laws of this state;    An obligation or obligations of the United States;    Evidence of applicable and collectible liability insurance from one or more qualified insurers;    An agreement by one or more personal injury liability assignees to assume the obligation of the judgment debtor;    An obligation of the state of Colorado or of a public entity other than the state which is self-insured as provided in section 24-10-115, 24-10-115.5, or 24-10-116, C.R.S.; or    Any other satisfactory form of funding.       The court shall require that the annuity contract or other form of funding permitted by subsection (1) of this section show that portion of each periodic payment which is attributable to loss of future earnings and that portion attributable to all other future damages.     History. Source: L. 88: Entire article added, p. 616, § 1, effective July 1.    ANNOTATION   Section gives discretion to trial court in entering its judgment for periodic payments. Trial court not required to approve an order allowing defendant to purchase an annuity at a cost less than the jury's present value award even if the annuity pays the plaintiff the equivalent of the future value of damages. Garhart ex rel. Tinsman v. Columbia/HealthONE, L.L.C., 168 P.3d 512 (Colo. App. 2007).
CO Code § 13-64-208 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-208. Funding the Obligation

  If the court enters a judgment for periodic payments under this part 2, then each party liable for all or a portion of the judgment, unless found to be incapable of doing so, shall separately or jointly with one or more others provide the funding for the periodic payments in a form prescribed in section 13-64-207, within sixty days after the date the judgment is entered. A liability insurer having a contractual obligation and any other person adjudged to have an obligation to pay all or part of a judgment for periodic payments on behalf of a judgment debtor is obligated to provide such funding to the extent of its contractual or adjudged obligation if the judgment debtor has not done so.    A judgment creditor or successor in interest and any party having rights under subsection (4) of this section may move that the court find that funding has not been provided with regard to a judgment obligation owing to the moving party. Upon so finding, the court shall order that funding complying with this article be provided within thirty days. If funding is not provided within that time and subsection (3) of this section does not apply, then the court shall calculate the present value of the periodic payment obligation and enter a judgment for that amount in favor of the moving party.    If a judgment debtor who is the only person liable for a portion of a judgment for periodic payments fails to provide funding, then the right to present value payment described in subsection (2) of this section applies only against that judgment debtor and the portion of the judgment so owed.    If more than one party is liable for all or a portion of a judgment requiring funding under this part 2 and the required funding is provided by one or more but fewer than all of the parties liable, the funding requirements are satisfied and those providing funding may proceed under subsection (2) of this section to enforce rights for funding or present value payment to satisfy or protect rights of reimbursement from a party not providing funding.     History. Source: L. 88: Entire article added, p. 616, § 1, effective July 1.
CO Code § 13-64-209 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-209. Assignment of Periodic Payments

  An assignment by a judgment creditor or an agreement by such person to assign any right to receive periodic payments for future damages contained in a judgment entered under this part 2 is enforceable only as to amounts:   To secure payment of alimony, maintenance, or child support;    For the costs of products, services, or accommodations provided or to be provided by the assignee for medical or other health care; or    For attorney fees and other expenses of litigation incurred in securing the judgment.        History. Source: L. 88: Entire article added, p. 617, § 1, effective July 1.
CO Code § 13-64-210 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-210. Exemption of Benefits

 Except as provided in section 13-64-209 , periodic payments for future damages contained in a judgment entered under this part 2 for loss of earnings are exempt from garnishment, attachment, execution, and any other process or claim to the extent that wages or earnings are exempt.   History. Source: L. 88: Entire article added, p. 617, § 1, effective July 1.
CO Code § 13-64-211 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-211. Settlement Agreements and Consent Judgments

 Nothing in this part 2 is to be construed to limit or affect the settlement of actions triable under this part 2 nor shall it apply to the settlement of actions except as otherwise agreed to by the parties. Parties to an action on a claim for personal injury may, but are not required to, file with the clerk of the court in which the action is pending or, if none is pending, with the clerk of a court of competent jurisdiction over the claim a settlement agreement for future damages payable in periodic payments. The settlement agreement may provide that one or more sections of this part 2 apply to it.   History. Source: L. 88: Entire article added, p. 617, § 1, effective July 1.
CO Code § 13-64-212 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-212. Satisfaction of Judgment

 Upon entry of an order by the court that the form of funding complies with section 13-64-207 and that the funding of the obligation complies with section 13-64-208 , the court shall order a satisfaction of judgment and discharge of the judgment debtor.   History. Source: L. 88: Entire article added, p. 617, § 1, effective July 1.
CO Code § 13-64-213 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 2 - Periodic Payments of Tort Judgments|§ 13-64-213. Effective Date - Applicability of Part

 This part 2 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date.   History. Source: L. 88: Entire article added, p. 617, § 1, effective July 1.
CO Code § 13-64-303 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 3 - Financial Liability Requirements - Limitations|§ 13-64-303. Judgments and Settlements - Reported - Penalties

 Any final judgment, settlement, or arbitration award against any health-care professional or health-care institution for medical malpractice shall be reported within fourteen days by the professional's or institution's medical malpractice insurance carrier in accordance with section 10-1-120 , 10-1-120 .5, 10-1-121 , 10-1-124 , 10-1-125 , 10-1-125 .3, or 10-1-125.7 , or by the professional or institution if there is no commercial medical malpractice insurance coverage to the licensing agency of the health-care professional or health-care institution for review, investigation, and, where appropriate, disciplinary or other action. Any health-care professional, health-care institution, or insurance carrier that knowingly fails to report as required by this section shall be subject to a civil penalty of not more than two thousand five hundred dollars. Such penalty shall be determined and collected by the district court in the city and county of Denver. All penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.   History. Source: L. 88: Entire article added, p. 619, § 1, effective July 1. L. 2003: Entire section amended, p. 623, § 38, effective July 1. L. 2020: Entire section amended,(HB 20-1216), ch. 190, p. 867, § 8, effective July 1; entire section amended,(HB 20-1219), ch. 300, p. 1498, § 9, effective September 1. L. 2021: Entire section amended,(SB 21-094), ch. 314, p. 1944, § 33, effective September 1.    Editor's note:   Amendments to this section by HB 20-1216 and HB 20-1219 were harmonized.   Cross references:   For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.
CO Code § 13-64-303.5 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 3 - Financial Liability Requirements - Limitations|§ 13-64-303.5. Exclusion - Mental Health- Care Facilities

 The provisions of section 13-64-301 do not apply to any outpatient mental health-care facility, including but not limited to a community mental health center or clinic, and to any extended care facility or hospice with sixteen or fewer inpatient beds, including but not limited to nursing homes or rehabilitation facilities. The department of public health and environment shall by rule establish financial responsibility standards which are less than those prescribed in this section for classes of health-care institutions which have less risk of exposure to medical malpractice claims or for other reasons that render the limits provided in section   (b)    unreasonable or unattainable.  History. Source: L. 89: Entire section added, p. 762, § 2, effective July 1. L. 94: Entire section amended, p. 2730, § 346, effective July 1.    Cross references:   For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
CO Code § 13-64-304 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 3 - Financial Liability Requirements - Limitations|§ 13-64-304. Effective Date - Applicability of Part

 This part 3 shall take effect January 1, 1989, and shall apply to acts or omissions occurring on or after said date and to licenses, certification, or other authority granted on or after said date.   History. Source: L. 88: Entire article added, p. 620, § 1, effective July 1.
CO Code § 13-64-401 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 4 - Procedures and Evidence in Medical Malpractice Actions|§ 13-64-401. Qualifications as Expert Witness in Medical Malpractice Actions or Proceedings

 No person shall be qualified to testify as an expert witness concerning issues of negligence in any medical malpractice action or proceeding against a physician unless he not only is a licensed physician but can demonstrate by competent evidence that, as a result of training, education, knowledge, and experience in the evaluation, diagnosis, and treatment of the disease or injury which is the subject matter of the action or proceeding against the physician defendant, he was substantially familiar with applicable standards of care and practice as they relate to the act or omission which is the subject of the claim on the date of the incident. The court shall not permit an expert in one medical subspecialty to testify against a physician in another medical subspecialty unless, in addition to such a showing of substantial familiarity, there is a showing that the standards of care and practice in the two fields are similar. The limitations in this section shall not apply to expert witnesses testifying as to the degree or permanency of medical or physical impairment.   History. Source: L. 88: Entire article added, p. 620, § 1, effective July 1.    ANNOTATION   Doctrine of res ipsa loquitur cannot be used to avoid the requirements of this section, at least when there is no evidence or inference that the defendant had any control over the instrumentality causing the injury. Bilawsky v. Faseehudin, 916 P.2d 586 (Colo. App. 1995).   A physician with a different specialty than that of the defendant may, consistent with this section, opine that the relevant standard of care is a general standard of care common to the medical profession, applicable to any physician. Panczner v. Fraser, 374 F. Supp. 3d 1063 (D. Colo. 2019 ).   Applied in Gasteazoro v. Catholic Health Init. Colo., , 408 P.3d 874 .