2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › INDIGENT CARE (§§ 25.5-3-101 — 25.5-3-507) › Article 3 - INDIGENT CARE (§§ 25.5-3-101 — 25.5-3-507) › Part 5 - HEALTH-CARE BILLING FOR INDIGENT PATIENTS RECEIVING SERVICES NOT REIMBURSED THROUGH THE COLORADO INDIGENT CARE PROGRAM (§§ 25.5-3-501 — 25.5-3-507) › Section 25.5-3-506 - Limitations on collection actions - private enforcement

(1)
Beginning September 1, 2022, before assigning or selling patient debt to a collection agency, as defined in section
5-16-103 (3)(a)
, or a debt buyer, as defined in section
5-16-103
(8.5), or before pursuing, either directly or indirectly, any permissible extraordinary collection action, as defined in section
6-20-201 (7)
:
(a)
A health-care facility shall meet the screening requirements in section
25.5-3-502
;
(b)
A health-care facility and licensed health-care professional shall provide discounted care to a patient pursuant to section
25.5-3-503
;
(c)
A health-care facility and licensed health-care professional shall provide a plain language explanation of the health-care services and fees being billed and notify the patient of potential collection actions; and
(d)
A health-care facility and health-care professional shall bill any third-party payer that is responsible for providing health-care coverage to the patient. If a health-care professional is an out-of-network provider under a qualified patient's health insurance plan, the health-care professional and health insurance carrier shall comply with the out-of-network billing requirements described in sections
10-16-704 (3)
and
12-30-113
.
(2)
A health-care facility or licensed health-care professional that fails to comply with the requirements of this section is liable to the patient in an amount equal to the sum of:
(a)
Any actual damages sustained by the patient as a result of such failure;
(b)
In the case of such action brought by an individual, any additional damages that the court may allow, not to exceed one thousand dollars;
(c)
In the case of a class action, such amount for each named plaintiff that may recover damages under subsection (2)(b) of this section, and such amount that the court may allow for all other class members without regard to a minimum individual recovery, not to exceed the lesser of five hundred thousand dollars or one percent of the net worth of the health-care facility or licensed health-care professional; and
(d)
In the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court. On a finding by the court that the action was brought in bad faith, the court may award reasonable attorney fees to the defendant that are related to the work expended and costs.
(3)
In determining the amount of liability in any action pursuant to subsection (2) of this section, the court shall consider, among other relevant factors:
(a)
In any individual action brought pursuant to subsection (2)(a) of this section, the frequency and persistence of noncompliance by the health-care facility or licensed health-care professional, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or
(b)
In any individual action brought pursuant to subsection (2)(b) of this section, the frequency and persistence of noncompliance by the health-care facility or licensed health-care professional, the nature of such noncompliance, the resources of the health-care facility or licensed health-care professional, the number of individuals adversely affected, and the extent to which the health-care facility's or licensed health-care professional's noncompliance was intentional.
Amended by 2022 Ch. 203, § 5, eff. 5/20/2022.
Added by 2021 Ch. 435, § 1, eff. 9/7/2021.
L. 2021: Entire part added, (HB 21-1198), ch. 2880, p. 2880, § 1, effective September 7.
2021 Ch. 435, was passed without a safety clause. See Colo. Const. art. V, § 1(3).