2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27.5 - HEALTH-CARE PROVIDER LIENS (§§ 38-27.5-101 — 38-27.5-108) › Section 38-27.5-105 - Health-care provider lien - limitations

(1)
The amount of a health-care provider lien must not exceed the charges for services provided to the injured person by the health-care provider at the time of service at a rate equal to the health-care provider's usual and customary billed charge.
(2)
A health-care provider or its assignee shall not add a finance charge, as defined in section
5-1-301(20)
, to the health-care provider's usual and customary billed charges or otherwise increase the amount of a health-care provider's usual and customary billed charge when creating or claiming a health-care provider lien. The injured person is only obligated to pay the health-care provider or its assignee the amount of the health-care provider lien.
(3)
A health-care provider who creates, holds, or claims a health-care provider lien under this article 27.5, or an assignee who purchases the health-care provider lien, does not pay or reimburse health-care expenses or services and is not a payer of benefits.
(4)
In the absence of fraud or misrepresentation by the injured person:
(a)
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 insurance policy, the injured person is not liable to the holder of a health-care provider lien for any portion of the health-care provider lien;
(b)
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.
(c)
The health-care provider or its assignee shall not assign a health-care provider lien to a collection agency or debt collector.
(5)
This section does not deem a holder of a health-care provider lien to be a real party in interest.
(6)
(a)
A health-care provider or its assignee must comply with the provisions of this section to have a valid health-care provider lien under this article 27.5. If a court of competent jurisdiction determines that a health-care provider or its assignee knowingly failed to comply with the provisions of this section, the injured person may seek a ruling from the court concerning what portions of the health-care provider lien, if any, the health-care provider or its assignee may not recover from the injured person due to a wholly or partially invalid health-care provider lien.
(b)
Subsections (3), (4), and (5) of this section continue to apply to a health-care provider lien determined to be wholly or partially invalid under this subsection (6).
Added by 2021 Ch. 473,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1300), ch. 3392, p. 3392, § 1, effective September 7.
2021 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).