reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 51 - COMMUNICATION AND RESOLUTION AFTER AN ADVERSE HEALTH-CARE INCIDENT (§§ 25-51-101 — 25-51-106) › Section 25-51-104 - Payment and financial resolution

(1)
If a patient accepts an offer of compensation made pursuant to section
25-51-103(5)
and receives the compensation, the payment of compensation to the patient is not a payment resulting from:
(a)
A written claim or demand for payment;
(b)
A final judgment, settlement, or arbitration award against a health-care professional or health-care institution for medical malpractice for purposes of section
13-64-303
;
(c)
A malpractice claim settled or in which judgment is rendered against a professional for purposes of reporting by malpractice insurance companies under section
10-1-120
,
10-1-120.5
,
10-1-121
,
10-1-124
,
10-1-125
,
10-1-125.3
,
10-1-125.5
, or
10-1-125.7
;
(d)
A final judgment against, settlement entered into by, or arbitration award paid on behalf of an applicant for malpractice under section
12-30-102(4)(h)
; or
(e)
A judgment, administrative action, settlement, or arbitration award involving malpractice under section
12-200-106(5)
,
12-210-105(5)
,
12-215-115(1)(i)
,
12-220-201(1)(q) or (1)(r)
,
12-235-111(1)(i)
,
12-240-125(4)(b)(III)
,
12-245-226(7)
,
12-250-116
,
12-255-119(3)(b)(II)
,
12-255-120(1)(dd)
,
12-275-120(1)(p) or (1)(v)
,
12-275-129
,
12-280-126(1)(t)
,
12-285-120(1)(o)
,
12-285-127(1)(a)
,
12-285-211(1)(k)
,
12-285-216(1)(a)
, or
12-290-113(2)(b)(III)
.
(2)
As a condition of an offer of compensation under section
25-51-103(5)
, a health-care provider or health facility may require a patient to execute all documents and obtain any necessary court approval to resolve an adverse health-care incident. The parties shall negotiate the form of the documents or obtain court approval as necessary.
Amended by 2021 Ch. 314,§34, eff. 9/1/2021.
Amended by 2020 Ch. 64,§8, eff. 9/14/2020.
Amended by 2020 Ch. 300,§10, eff. 9/1/2020.
Amended by 2020 Ch. 216,§60, eff. 6/30/2020.
Amended by 2020 Ch. 190,§9, eff. 7/1/2020.
Added by 2019 Ch. 144,§1, eff. 7/1/2019.
L. 2019: Entire article added, (SB 19-201), ch. 1755, p. 1755, § 1, effective July 1. L. 2020: (1)(e) amended, (HB 20-1402), ch. 1056, p. 1056, § 60, effective June 30; (1)(c) and (1)(e) amended, (HB 20-1216), ch. 867, p. 867, § 9, effective July 1; (1)(c) amended, (HB 20-1219), ch. 1498, p. 1498, § 10, effective September 1; (1)(e) amended, (HB 20-1056), ch. 263, p. 263, § 8, effective September 14. L. 2021: (1)(c) and (1)(e) amended, (SB 21-094), ch. 1945, p. 1945, § 34, effective September 1.
Amendments to subsection (1)(c) by HB 20-1216 and HB 20-1219 were harmonized. Amendments to subsection (1)(e) by HB 20-1056, HB 20-1216, and HB 20-1402 were harmonized.
For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 51 - COMMUNICATION AND RESOLUTION AFTER AN ADVERSE HEALTH-CARE INCIDENT (§§ 25-51-101 — 25-51-106) › Section 25-51-105 - Confidentiality of open discussions and offers of compensation

(1)
Open discussion communications and offers of compensation made under section
25-51-103
and in substantial compliance with this article 51:
(a)
Do not constitute an admission of liability;
(b)
Are privileged and confidential and shall not be disclosed;
(c)
Are not admissible as evidence in any subsequent judicial, administrative, or arbitration proceeding arising directly out of the adverse health-care incident;
(d)
Are not subject to discovery, subpoena, or other means of legal compulsion for release; and
(e)
Shall not be disclosed by any party in any subsequent judicial, administrative, or arbitration proceeding arising directly out of the adverse health-care incident.
(2)
Communications, memoranda, work product, documents, and other materials that are otherwise subject to discovery and that were not prepared specifically for use in an open discussion under section
25-51-103
are not confidential.
(3)
The limitation on disclosure imposed by this section includes disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding arising directly out of the adverse health-care incident, and a court or other adjudicatory body shall not compel any person who engages in an open discussion under this article 51 to disclose confidential communications or agreements made under section
25-51-103
.
(4)
This section does not affect any other law, rule, or requirement with respect to confidentiality.
Added by 2019 Ch. 144,§ 1, eff. 7/1/2019.
L. 2019: Entire article added, (SB 19-201), ch. 1756, p. 1756, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 51 - COMMUNICATION AND RESOLUTION AFTER AN ADVERSE HEALTH-CARE INCIDENT (§§ 25-51-101 — 25-51-106) › Section 25-51-106 - Patient safety research and education

(1)
A health-care provider or health facility that participates in open discussions under this article 51 may provide de-identified information about an adverse health-care incident to any patient-safety-centered nonprofit organization for use in patient safety research and education.
(2)
Disclosure of de-identified information under subsection (1) of this section:
(a)
Does not constitute a waiver of the privilege specified in section
25-51-105(1)(b)
; and
(b)
Is not a violation of the confidentiality requirements of section
25-51-105(1)(b)
.
Added by 2019 Ch. 144,§ 1, eff. 7/1/2019.
L. 2019: Entire article added, (SB 19-201), ch. 1757, p. 1757, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 52 - MATERNAL MORTALITY PREVENTION ACT (§§ 25-52-101 — 25-52-107) › Section 25-52-101 - Short title

The short title of this article 52 is the "Maternal Mortality Prevention Act".
Added by 2019 Ch. 196,§ 1, eff. 5/16/2019.
L. 2019: Entire article added, (HB 19-1122), ch. 2138, p. 2138, § 1, effective May 16.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 52 - MATERNAL MORTALITY PREVENTION ACT (§§ 25-52-101 — 25-52-107) › Section 25-52-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Colorado's maternal mortality rate nearly doubled between 2008 and 2013;
(b)
Maternal deaths affect women statewide and are more common among families living in rural areas than in urban centers and disproportionately high among black and African-American women compared to white women;
(c)
Eighty percent of maternal deaths in Colorado are considered preventable;
(d)
To review deaths in the pregnant and postpartum population requires a holistic view of the circumstances surrounding a death. National research indicates that high blood pressure and cardiovascular disease remain two leading causes of maternal deaths nationwide, while in Colorado behavioral health conditions and self-harm now account for the largest share of maternal deaths.
(e)
Evidence-based prevention strategies support the review of maternal deaths through state-based maternal mortality reviews in order to identify the systematic changes needed to decrease mortality among the pregnant and postpartum population;
(f)
The department has had an active and dedicated committee of volunteer professionals reviewing maternal deaths since 1993; however, the capacity of the committee is limited by a lack of protection, funding, and authority;
(g)
There is a need to establish a committee to review deaths among the pregnant and postpartum population and to recommend strategies to prevent these deaths and improve maternal health outcomes in Colorado;
(h)
The prevention of deaths among the pregnant and postpartum population is a community responsibility, and professionals from a variety of disciplines have expertise that can promote the safety and well-being of the pregnant and postpartum population;
(i)
Comprehensive and multidisciplinary reviews of maternal deaths can lead to a greater understanding of the causes of and methods for preventing these deaths and improve other maternal health outcomes including morbidity;
(j)
The protection of the health and welfare of the pregnant and postpartum population in this state is an important goal of the citizens of this state, and the rate of death among the pregnant and postpartum population is a serious public health concern that requires legislative action;
(k)
Forty-one states and the District of Columbia currently have statutorily created maternal mortality review committees; and
(l)
Therefore, it is the intent of the general assembly to establish a maternal mortality review committee within the department to review maternal deaths and to recommend strategies for the prevention of maternal mortality.
Added by 2019 Ch. 196,§ 1, eff. 5/16/2019.
L. 2019: Entire article added, (HB 19-1122), ch. 2138, p. 2138, § 1, effective May 16.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 52 - MATERNAL MORTALITY PREVENTION ACT (§§ 25-52-101 — 25-52-107) › Section 25-52-103 - Definitions

As used in this article 52, unless the context otherwise requires:
(1)
"Committee" means the Colorado maternal mortality review committee created in section
25-52-104
.
(2)
"Department" means the department of public health and environment.
(3)
"Designated state perinatal care quality collaborative" or "perinatal quality collaborative" means a statewide nonprofit network of health facilities, clinicians, and public health professionals working to improve the quality of care for mothers and babies through continuous quality improvement.
(4)
"Health-care provider" means any person licensed, registered, or certified by the state of Colorado to deliver health-care services, including mental and behavioral health-care services and medical marijuana services.
(4.5)
"Health facility" means a health facility licensed or certified pursuant to section
25-1.5-103 (1)
.
(5)
"Maternal death" means a death that occurs during pregnancy or up to one year after the end of a pregnancy.
(6)
"Maternal mortality" means the incidence of maternal deaths.
(6.5)
"Medical assistance program" means the medical assistance program established pursuant to articles 4 to 6 of title 25.5.
(7)
(a)
"Medical record" means the written or graphic documentation, sound recording, or computer record pertaining to health-care services performed at the direction of a health-care provider on behalf of a patient.
(b)
"Medical record" includes:
(I)
Diagnostic documentation such as X rays, electrocardiograms, electroencephalograms, and other test results;
(II)
Data entered into the electronic prescription drug monitoring program under section
12-280-403
;
(III)
Data entered into the national violent death reporting system or a successor system; and
(IV)
Autopsy reports.
(8)
"Pregnancy-related death" means a death caused by issues related to, or aggravated by, a pregnancy or treatment of that pregnancy.
Amended by 2024 Ch. 433,§ 3, eff. 6/5/2024.
Amended by 2021 Ch. 434, § 4, eff. 9/7/2021.
Added by 2019 Ch. 196, § 1, eff. 5/16/2019.
L. 2019: Entire article added, (HB 19-1122), ch. 2139, p. 2139, § 1, effective May 16. L. 2021: (3) amended and (4.5) added, (SB 21-194), ch. 2869, p. 2869, § 4, effective September 7.
2021 Ch. 434, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 52 - MATERNAL MORTALITY PREVENTION ACT (§§ 25-52-101 — 25-52-107) › Section 25-52-106 - Duty to comply with state and federal laws relating to health information

The committee and the department shall comply with all applicable state and federal laws and rules relating to the transmission of health information.
Added by 2019 Ch. 196,§ 1, eff. 5/16/2019.
L. 2019: Entire article added, (HB 19-1122), ch. 2144, p. 2144, § 1, effective May 16.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 52 - MATERNAL MORTALITY PREVENTION ACT (§§ 25-52-101 — 25-52-107) › Section 25-52-107 - Repeal of article - review of functions

This article 52 is repealed, effective September 1, 2029. Before the repeal, the functions of the committee are scheduled for review in accordance with section
2-3-1203
.
Added by 2019 Ch. 196,§ 1, eff. 5/16/2019.
L. 2019: Entire article added, (HB 19-1122), ch. 2144, p. 2144, § 1, effective May 16.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 53 - AUTOMATED EXTERNAL DEFIBRILLATORS (§§ 25-53-101 — 25-53-202) › Part 1 - GENERAL PROVISIONS (§§ 25-53-101 — 25-53-102) › Section 25-53-101 - Definitions

As used in this article 53, unless the context otherwise requires:
(1)
"Automated external defibrillator" or "AED" means an automated external defibrillator approved for sale by the federal food and drug administration.
(2)
"Person" means an individual, corporation, partnership, limited liability company, association, trust, unincorporated organization or other legal entity or organization, or a government or governmental body.
(3)
"Public place" means an enclosed indoor or outdoor area capable of holding one hundred or more people and to which the public is invited or in which the public is permitted but does not include a private residence.
(4)
"Public school" means a school of a school district, a district charter school, an institute charter school, a facility school, or a school operated by a board of cooperative services.
Added by 2019 Ch. 251,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1183), ch. 2429, p. 2429, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 53 - AUTOMATED EXTERNAL DEFIBRILLATORS (§§ 25-53-101 — 25-53-202) › Part 1 - GENERAL PROVISIONS (§§ 25-53-101 — 25-53-102) › Section 25-53-102 - Placement of automated external defibrillator - donations - acquisitions - limited immunity

(1)
Any public school or person who owns, operates, or manages a public place is encouraged to place functional AEDs in sufficient quantities to ensure reasonable availability for use during perceived sudden cardiac arrest emergencies.
(2)
Any individual is permitted to retrieve or use an AED.
(3)
(a)
A public school or public place shall accept a donation of an AED that meets standards established by the federal food and drug administration and is in compliance with the manufacturer's maintenance schedule. A public school or public place shall also accept gifts, grants, and donations, including in-kind donations, designated for obtaining an AED, and for inspection, maintenance, and training in the use of an AED.
(b)
If a public place accepts a donated AED pursuant to subsection (3)(a) of this section but the public place does not want to accept responsibility for AED training or installation or for ensuring the AED is in compliance with the manufacturer's maintenance schedule, the public place is not required to accept the AED unless the donating party agrees to be responsible for AED training, installation, and maintenance. The public place shall decide who will be trained, the frequency of training, and when the AED training and installation will take place. If the donating party has accepted responsibility for the maintenance of the AED but can no longer provide maintenance, the public place may either accept responsibility for the maintenance of the AED or remove the AED from the public place.
(c)
A public school that receives a donated AED shall decide who will be trained, the frequency of training, and when the AED training will take place. An AED acquired by a public school must be appropriate for use on children and adults.
(4)
On or before September 1, 2019, the department of public health and environment shall award a fifteen-thousand-dollar contract to a nonprofit organization for the purpose of acquiring and distributing AEDs to public places.
Amended by 2024 Ch. 486,§ 1, eff. 6/7/2024.
Added by 2019 Ch. 251, § 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1183), ch. 2430, p. 2430, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 53 - AUTOMATED EXTERNAL DEFIBRILLATORS (§§ 25-53-101 — 25-53-202) › Part 2 - SUDDEN CARDIAC ARREST MANAGEMENT (§§ 25-53-201 — 25-53-202) › Section 25-53-201 - Definitions

As used in this part 2:
(1)
"Department" means the department of public health and environment.
(2)
"Office" means the office of cardiac arrest management created in section
25-53-202
.
(3)
"Public access defibrillator" means an automated external defibrillator approved for sale by the federal food and drug administration and available for use by the general public.
(4)
"Sudden cardiac arrest" means the sudden and unexpected cessation of cardiac mechanical activity.
Added by 2022 Ch. 292, § 1, eff. 8/10/2022.
2022 Ch. 292, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 54 - STATEWIDE SYSTEM FOR ADVANCE HEALTH-CARE DIRECTIVES (§§ 25-54-101 — 25-54-102) › Section 25-54-101 - Definitions

As used in this article 54, unless the context otherwise requires:
(1)
(a)
"Advance health-care directive" means:
(I)
A directive concerning medical orders for scope of treatment executed pursuant to article
18.7
of title
15
;
(II)
A declaration as to medical treatment executed pursuant to section
15-18-104
;
(III)
A directive relating to cardiopulmonary resuscitation executed pursuant to article
18.6
of title
15
;
(IV)
A medical durable power of attorney executed pursuant to section
15-14-506
; or
(V)
Any of the advance health-care directives listed in subsections (1)(a)(I) to (1)(a)(IV) of this section that have been properly executed in another state.
(b)
A power of attorney form executed pursuant to section
15-14-741
is not an advance health-care directive for the purposes of this article 54.
(2)
"Authorized surrogate decision-maker" means a guardian appointed pursuant to article
14
of title
15
, an agent appointed pursuant to a medical durable power of attorney, a proxy decision-maker for medical treatment decisions appointed pursuant to article
18.5
of title
15
, or a similarly authorized surrogate, as defined by the laws of another state, who is authorized to make medical decisions for an individual who lacks decisional capacity.
(3)
"Department" means the department of public health and environment created and existing pursuant to section
24-1-119
.
(4)
"Health information organization network" means a Colorado organization that has experience in overseeing and governing the exchange of health-related information among organizations according to Colorado law and nationally recognized standards including but not limited to the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended.
(5)
"Individual" means the individual whose medical treatment is the subject of the advance health-care directive.
(6)
"Qualified provider" means a person or entity that may use or disclose protected health information for treatment purposes in accordance with guidelines under the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended.
Amended by 2020 Ch. 216, § 61, eff. 6/30/2020.
Added by 2019 Ch. 186, § 1, eff. 8/2/2019.
L. 2019: Entire article added, (SB 19-073), ch. 2078, p. 2078, § 1, effective August 2. L. 2020: (1)(a)(V) amended, (HB 20-1402), ch. 1056, p. 1056, § 61, effective June 30.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 55 - STANDARDIZED SCREENING AND ASSESSMENT TOOL TRAINING (§ 25-55-101) › Section 25-55-101 - Training on standardized screening tools and standardized assessment tool

Following the selection of the standardized screening tools, as described in section
27-62-103
, and subject to available appropriations, the department of public health and environment shall ensure adequate statewide training on the standardized screening tools for primary care providers and other interested health-care professionals who care for children, ensuring that training is offered at no cost to the professional. Training services may be contracted out to a third party.
Amended by 2020 Ch. 172,§ 1, eff. 6/29/2020.
Added by 2019 Ch. 190,§ 3, eff. 8/2/2019.
L. 2019: Entire article added, (SB 19-195), ch. 2101, p. 2101, § 3, effective August 2. L. 2020: Entire section amended, (HB 20-1384), ch. 789, p. 789, § 1, effective June 29.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 56 - NONDISCRIMINATION AGAINST POTENTIAL ORGAN TRANSPLANT RECIPIENTS (§§ 25-56-101 — 25-56-106) › Section 25-56-101 - Short title

The short title of this article 56 is "Pruitt's Law".
Added by 2021 Ch. 99,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1169), ch. 396, p. 396, §1, effective May 6.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 56 - NONDISCRIMINATION AGAINST POTENTIAL ORGAN TRANSPLANT RECIPIENTS (§§ 25-56-101 — 25-56-106) › Section 25-56-102 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
A mental or physical disability does not diminish a person's right to health care;
(b)
The federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended, prohibits discrimination against persons with disabilities, yet many people still experience discrimination in accessing critical health-care services based on their disability;
(c)
In other states nationwide, persons with disabilities have been denied life-saving organ transplants based on the assumption that their lives are less worthy, that they are incapable of complying with post-transplant medical requirements, or that they lack adequate support systems to ensure compliance with post-transplant medical requirements; and
(d)
Although organ transplant centers must consider medical and psychological criteria when determining whether a patient is suitable to receive an organ transplant, transplant centers that participate in medicare, medicaid, and other federally funded programs are required to use patient selection criteria that result in the fair and nondiscriminatory distribution of organs.
(2)
Therefore, the general assembly declares that the life of a person with a disability who needs an organ transplant is as worthy and valuable as the life of a person without a disability who needs the same medical service, and Colorado residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
Added by 2021 Ch. 99,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1169), ch. 396, p. 396, §1, effective May 6.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 56 - NONDISCRIMINATION AGAINST POTENTIAL ORGAN TRANSPLANT RECIPIENTS (§§ 25-56-101 — 25-56-106) › Section 25-56-103 - Definitions

As used in this article 56, unless the context otherwise requires:
(1)
"Anatomical gift" means the donation of part of a human body for the purpose of transplantation to another person.
(2)
"Auxiliary aids or services" means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability, and is available in a format or manner that allows the individual to better understand the information.
(3)
"Covered entity" means a health-care practitioner, as defined in section
12-30-103(4)(a)
; a health facility licensed pursuant to section
25-1.5-103
; and a correctional facility, as defined in section
24-4.1-302
(1.3).
(4)
"Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12102(1)
, as amended.
(5)
"Organ transplant" means the transplantation or transfusion of an anatomical gift into the body of another person for the purpose of treating or curing a medical condition.
(6)
"Qualified recipient" means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:
(a)
Individuals or entities available to support and assist the individual with an anatomical gift or transplantation;
(b)
Auxiliary aids or services;
(c)
Reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:
(I)
Communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or
(II)
Consideration of support networks available to the individual, including family members, friends, home and community-based services the individual is enrolled in, or any program or source of funding available to the individual when determining whether the individual is able to comply with post-transplant medical requirements.
Added by 2021 Ch. 99,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1169), ch. 397, p. 397, §1, effective May 6.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 56 - NONDISCRIMINATION AGAINST POTENTIAL ORGAN TRANSPLANT RECIPIENTS (§§ 25-56-101 — 25-56-106) › Section 25-56-105 - Injunctive and equitable relief - expedited judicial review - limitations

(1)
Whenever it appears that a covered entity has violated or is violating any of the provisions of this article 56, the affected individual may commence a civil action for injunctive or equitable relief against the covered entity for purposes of enforcing compliance. The action may be brought in district court for the county where the affected individual resides or resided or the district court for the county where the affected individual was denied the organ transplant or referral.
(2)
In an action brought under this article 56, the court must give priority on its docket and expedited review and may grant injunctive or other equitable relief, including:
(a)
Requiring auxiliary aids or services to be made available for a qualified recipient;
(b)
Requiring the modification of a policy, practice, or procedure of a covered entity; or
(c)
Requiring health-care facilities be made readily accessible to and usable by a qualified recipient.
(3)
Nothing in this article 56 is intended to limit or replace available remedies under the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended, or any other applicable law.
(4)
This article 56 does not create a right to compensatory or punitive damages against a covered entity.
Added by 2021 Ch. 99,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1169), ch. 399, p. 399, §1, effective May 6.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 56 - NONDISCRIMINATION AGAINST POTENTIAL ORGAN TRANSPLANT RECIPIENTS (§§ 25-56-101 — 25-56-106) › Section 25-56-106 - Enforcement

(1)
An aggrieved person may commence a civil action in the appropriate district court for injunctive or equitable relief against a covered entity for the purpose of enforcing compliance with this article 56. The aggrieved person may commence the civil action in the district court for the county in which the person resides or resided or the district court for the county in which the organ transplant or related treatment or services were denied.
(2)
The district court shall give priority and expedited review to the civil action commenced pursuant to this section and may grant injunctive or other equitable relief that:
(a)
Requires auxiliary aids or services be made available to the aggrieved person;
(b)
Requires the covered entity to modify a policy, practice, or procedure;
(c)
Requires a covered entity to make its health-care facility readily accessible to and available to the aggrieved person; and
(d)
Is deemed appropriate by the court.
Added by 2021 Ch. 99,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1169), ch. 400, p. 400, §1, effective May 6.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 57 - DONOR-CONCEIVED PERSONS AND GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS (§§ 25-57-101 — 25-57-112) › Section 25-57-101 - Short title

The short title of this article 57 is the "Donor-conceived Persons and Families of Donor-conceived Persons Protection Act".
Added by 2022 Ch. 279,§1, eff. 8/10/2022.
2022 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 57 - DONOR-CONCEIVED PERSONS AND GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS (§§ 25-57-101 — 25-57-112) › Section 25-57-104 - Collection of identifying information and medical history - applicability

(1)
Except as provided in subsection (3) of this section, a gamete agency, gamete bank, or fertility clinic that collects gametes from a donor or matches a donor with a recipient shall collect the donor's identifying information and medical history and shall make a good faith effort to maintain current contact information and updates on the medical history of the donor by requesting updates from the donor at least once every three years.
(2)
A gamete agency, gamete bank, or fertility clinic that receives gametes or embryos collected by a different gamete agency, gamete bank, or fertility clinic shall collect the name, address, telephone number, and e-mail address of the gamete agency, gamete bank, or fertility clinic from which it received the gametes or embryos at the time it receives the gametes or embryos. A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity shall collect and maintain the name, address, telephone number, and e-mail address of that gamete agency.
(3)
A fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (1) of this section, but shall provide copies of any and all medical and screening records of the donor, including the results of genetic testing, to the gamete agency that matched the donor.
(4)
A gamete agency, gamete bank, or fertility clinic shall disclose the information collected pursuant to subsections (1) to (3) of this section pursuant to the requirements of section
25-57-106
.
(5)
This section applies only to gametes collected and embryos formed with gametes collected by a gamete agency, gamete bank, or fertility clinic on or after January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation.
Added by 2022 Ch. 279, § 1, eff. 8/10/2022.
2022 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 57 - DONOR-CONCEIVED PERSONS AND GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS (§§ 25-57-101 — 25-57-112) › Section 25-57-105 - Declaration regarding disclosure of identifying information and medical history - applicability

(1)
Except as provided in subsection (5) of this section, a gamete agency, gamete bank, or fertility clinic that matches or collects gametes from a donor who is unknown to the recipient parent or parents at the time of the donation shall:
(a)
Provide the donor with information about disclosure of identifying information and medical history in its records;
(b)
Obtain a declaration from the donor agreeing to the identity disclosure described in subsection (2) of this section; and
(c)
Maintain identifying information and medical history about each donor. The gamete agency, gamete bank, or fertility clinic that matched or collected the gametes shall maintain records of donor and gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable laws of this state other than those set forth in this article 57 and consistent with the guidelines of the American Medical Association and the American Society for Reproductive Medicine.
(2)
Except as provided in subsection (5) of this section, a gamete agency, gamete bank, or fertility clinic shall have each donor sign a declaration, attested by a notarial officer or witnesses, that the donor agrees to the disclosure of the donor's identity to a donor-conceived person conceived with the donor's gametes or embryo formed with the donor's gametes on request of the donor-conceived person after the donor-conceived person is eighteen years of age or older.
(3)
A gamete agency, gamete bank, or fertility clinic located in Colorado shall not match or collect gametes from a donor who does not agree to the disclosure of the donor's identity as set forth in subsection (2) of this section.
(4)
A gamete agency, gamete bank, or fertility clinic located outside of Colorado shall not match intended recipients located in Colorado with donors, or provide gametes to a recipient parent or parents located in Colorado or to the recipient parent's medical provider located in Colorado, from a donor who does not agree to the disclosure of the donor's identity as set forth in subsection (2) of this section.
(5)
A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (1) or (2) of this section.
(6)
This section applies only to gametes collected and embryos formed with gametes collected by a gamete agency, gamete bank, or fertility clinic on or after January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation.
Amended by 2024 Ch. 223,§ 3, eff. 5/22/2024.
Added by 2022 Ch. 279, § 1, eff. 8/10/2022.
2022 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 57 - DONOR-CONCEIVED PERSONS AND GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS (§§ 25-57-101 — 25-57-112) › Section 25-57-111 - Rule-making authority

On or before January 1, 2025, the state board shall promulgate any rules necessary to implement this article 57. In promulgating rules, the state board shall consider and protect the interests of donor-conceived persons and families of donor-conceived persons, including lesbian, gay, bisexual, and transgender parents and donor-conceived persons and single parents.
Amended by 2024 Ch. 223,§ 6, eff. 5/22/2024.
Added by 2022 Ch. 279, § 1, eff. 8/10/2022.
2022 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 57 - DONOR-CONCEIVED PERSONS AND GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS (§§ 25-57-101 — 25-57-112) › Section 25-57-112 - Gamete agency, gamete bank, or fertility clinic fund - created - priorities - appropriation

(1)
The gamete agency, gamete bank, or fertility clinic fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money credited to the fund pursuant to section
25-57-110
and any money appropriated to the fund by the general assembly. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the department in performing its duties pursuant to this article 57. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.
(2)
The department shall prioritize the use of money in the fund for providing technical and compliance assistance and processing licenses, yet retain adequate resources for enforcement.
(3)
Beginning in fiscal year 2025-26, the general assembly shall annually appropriate one hundred twenty-five thousand dollars to the fund.
Amended by 2024 Ch. 223,§ 7, eff. 5/22/2024.
Added by 2022 Ch. 279, § 1, eff. 8/10/2022.
2022 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 58 - PATIENTS' RIGHT TO KNOW (§§ 25-58-101 — 25-58-107) › Section 25-58-101 - Short title

The short title of this article 58 is the "Patients' Right to Know Act".
Added by 2023 Ch. 155,§ 1, eff. 8/7/2023.
2023 Ch. 155, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 58 - PATIENTS' RIGHT TO KNOW (§§ 25-58-101 — 25-58-107) › Section 25-58-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The right of every patient to receive basic information necessary to give full and informed consent is a fundamental tenet of good public health policy and has long been the established law of this state;
(b)
Every person having ultimate responsibility for decisions respecting the person's own health care also possesses a concomitant right of access to complete information respecting the person's condition and available care;
(c)
For nonmedical reasons, some health-care facilities do not provide a full range of health-care services and may prohibit, significantly restrict, or otherwise refuse to provide services such as sterilization, infertility treatments, abortion, end-of-life health-care services, or contraceptive services, including emergency contraception;
(d)
Health-care facilities may also deny or selectively restrict care relating to stigmatized populations, including lesbian, gay, bisexual, and transgender individuals, for nonmedical reasons even if equivalent procedures are provided for other patients;
(e)
Persons seeking health care frequently lack information about which facilities refuse to provide various health-care services for nonmedical reasons and which services they refuse to provide;
(f)
Patients are not well positioned to understand what treatment options are available to them when health-care facilities do not disclose which treatment options they refuse to provide for nonmedical reasons;
(g)
Consequently, when health-care facilities do not disclose that they restrict or refuse to provide various health-care services for nonmedical reasons, they can deprive patients of a knowledgeable choice as to alternative treatments, which is inconsistent with the underlying principle of informed consent;
(h)
Refusal to provide health-care services for nonmedical reasons may:
(I)
Have long-term negative consequences, resulting in injury, disability, and death;
(II)
Cause trauma to patients;
(III)
Impact quality of life; and
(IV)
Result in greater health-care expenses for patients and payers; and
(i)
Some denials of care violate state and federal law.
(2)
Therefore, it is the intent of the general assembly to help ensure that patients are given full and complete information about the health-care services available to them so that they can make well-informed health-care decisions.
Added by 2023 Ch. 155,§ 1, eff. 8/7/2023.
2023 Ch. 155, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 58 - PATIENTS' RIGHT TO KNOW (§§ 25-58-101 — 25-58-107) › Section 25-58-104 - Department duties - service availability form - public access to information - rules

(1)
Not later than August 1, 2024, the department, in consultation with stakeholders, including a statewide hospital association, patient advocacy groups, physicians, and groups representing populations that are frequently subject to denial of care, shall:
(a)
Identify reproductive health-care services, LGBTQ health-care services, and end-of-life health-care services that are or may be subject to denial of care in the state; and
(b)
(I)
Develop a clear and simple service availability form for the purpose of conveying to patients and to the public which of the identified health-care services are and are not generally available or are subject to significant restriction at a covered entity.
(II)
The service availability form must include contact information for the covered entity in case a patient has specific questions about services available at the covered entity.
(III)
The department shall review and, if appropriate, update the form at least biennially in consultation with stakeholders. The department may develop different versions of the service availability form appropriate for different categories of covered entities.
(2)
Beginning on or before October 1, 2024, the department shall maintain on its public-facing website a current list of covered entities and shall provide for public access the service availability form submitted by each covered entity.
(3)
The state board of health shall adopt rules to implement this article 58.
Added by 2023 Ch. 155,§ 1, eff. 8/7/2023.
2023 Ch. 155, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 58 - PATIENTS' RIGHT TO KNOW (§§ 25-58-101 — 25-58-107) › Section 25-58-105 - Requirements for covered entities - penalty for noncompliance

(1)
Not later than sixty days after the department issues or updates the service availability form, each covered entity shall submit a completed service availability form to the department. A covered entity shall also submit an updated service availability form within thirty days after making a change to the availability of a health-care service identified on the service availability form.
(2)
Not later than October 1, 2024, each covered entity shall adopt a policy for providing patients with its current service availability form during scheduling for LGBTQ health-care services, reproductive health-care services, or end-of-life health-care services, and at the time privacy requirements specified in the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, are provided to patients prior to the initiation of health-care services, or upon request, and for recording the patient's receipt of the form. The covered entity's policy must also encourage health-care professionals who have privileges with the covered entity to provide the covered entity's service availability form to the patient or the patient's representative prior to any scheduled health-care service at the covered entity.
(3)
On and after October 1, 2024, each covered entity shall:
(a)
Provide the current service availability form to the patient or the patient's representative during scheduling for LGBTQ health-care services, reproductive health-care services, or end-of-life health-care services and at the time privacy requirements specified in the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, are provided to patients before any health-care service is initiated. If providing the current service availability form is impracticable because of an emergency or other circumstances, the covered entity may delay the provision of the service availability form, as appropriate.
(II)
Maintain a record of the patient's or the patient's representative's receipt of the service availability form; and
(c)
Provide the current service availability form to any person upon request.
(4)
A covered entity that fails to comply with this section is subject to a fine not exceeding one thousand dollars for each day that the covered entity is not in compliance with this section.
Added by 2023 Ch. 155,§ 1, eff. 8/7/2023.
2023 Ch. 155, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 58 - PATIENTS' RIGHT TO KNOW (§§ 25-58-101 — 25-58-107) › Section 25-58-106 - Construction

(1)
This article 58 does not:
(a)
Permit or authorize denial of care or discrimination in the provision of health-care services; or
(b)
Limit any cause of action under state or federal law, or limit any remedy in law or equity, against a covered entity, health-care facility, or health-care professional.
(2)
Compliance with this article 58 does not reduce or limit any potential liability for covered entities, health-care facilities, and health-care professionals associated with denial of care or any violations of state or federal law.
Added by 2023 Ch. 155,§ 1, eff. 8/7/2023.
2023 Ch. 155, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 58 - PATIENTS' RIGHT TO KNOW (§§ 25-58-101 — 25-58-107) › Section 25-58-107 - Severability

If any provision of this article 58 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article 58 that can be given effect without the invalid provision or application, and to this end the provisions of this article 58 are severable.
Added by 2023 Ch. 155,§ 1, eff. 8/7/2023.
2023 Ch. 155, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 59 - LIVING ORGAN DONATION (§§ 25-59-101 — 25-59-106) › Section 25-59-101 - Short title

The short title of this article 59 is the "Comprehensive Assistance, Recognition, and Empowerment (CARE) for Living Organ Donors Act" or "CARE for Living Organ Donors Act".
Added by 2024 Ch. 331,§ 1, eff. 6/3/2024.