2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HOSPITALS (§§ 25-3-100.5 — 25-3.5-1401) › Article 3 - HOSPITALS (§§ 25-3-100.5 — 25-3-801) › Part 1 - HOSPITALS (§§ 25-3-100.5 — 25-3-131) › Section 25-3-119 - Freestanding emergency departments - required notices - disclosures - rules - definitions

(1)
(a)
(I)
A freestanding emergency department shall give to every individual seeking treatment at the facility a written notice containing the following statements immediately upon registration:
Patient Information
This is an emergency medical facility that treats emergency medical conditions.
We will screen and treat you regardless of your ability to pay.
You have a right to ask questions regarding your treatment options and costs.
You have a right to receive prompt and reasonable responses to questions and requests.
You have a right to reject treatment.
However, we encourage you to defer your questions until after we screen you for an emergency medical condition.
This is not a complete statement of patient information or rights. You will receive a more comprehensive statement of patient's rights upon the completion of a medical screening examination that does not reveal an emergency medical condition or after treatment has been provided to stabilize an emergency medical condition.
(II)
(A)
If the freestanding emergency department does not have or include within its facility an urgent care center or clinic, the freestanding emergency department shall include the following statement in the notice required by subsection (1)(a)(I) of this section, immediately following the sentence that reads "This is an emergency medical facility that treats emergency medical conditions.":
This is not an urgent care center or primary care provider.
(B)
If the freestanding emergency department has or includes within its facility an urgent care center or clinic, the freestanding emergency department shall include the following statement in the notice required by subsection (1)(a)(I) of this section, immediately following the sentence that reads "This is an emergency medical facility that treats emergency medical conditions.":
This facility also contains an urgent care center that operates from (insert time urgent care center opens) to (insert time urgent care center closes) and provides primary care services (and insert, if applicable, that the urgent care center offers primary care services by appointment).
(III)
If the individual seeking treatment is a minor who is accompanied by an adult, the freestanding emergency department shall provide the written notice required by this subsection (1)(a) to the accompanying adult.
(b)
In addition to giving an individual the written notice required by subsection (1)(a) of this section, a freestanding emergency department staff member or health-care provider shall provide the information specified in subsection (1)(a) of this section to the individual orally.
(c)
As necessary, the state board of health, by rule, may update the information required to be included in the written notice of patient information set forth in this subsection (1).
(2)
(a)
A freestanding emergency department shall post a sign that is plainly visible in the area within the facility where an individual seeking care registers or checks in and that states:
This is an emergency medical facility that treats emergency medical conditions.
(b)
(I)
If the freestanding emergency department does not have or include within its facility an urgent care center or clinic, the freestanding emergency department shall include the following statement on the sign required by this subsection (2), immediately following the statement specified in subsection (2)(a) of this section:
This is not an urgent care center or primary care provider.
(II)
If the freestanding emergency department has or includes within its facility an urgent care center or clinic, the freestanding emergency department shall include the following statement on the sign required by this subsection (2), immediately following the statement specified in subsection (2)(a) of this section:
This facility also contains an urgent care center that operates from (insert time urgent care center opens) to (insert time urgent care center closes) and provides primary care services (and insert, if applicable, that the urgent care center offers primary care services by appointment).
(3)
(a)
After performing an appropriate medical screening examination and determining that a patient does not have an emergency medical condition or after treatment has been provided to stabilize an emergency medical condition, the freestanding emergency department shall provide to the patient a written disclosure that:
(I)
Specifies whether the freestanding emergency department accepts patients who are enrolled in: The state medical assistance program under articles
4
,
5
, and
6
of title
25.5
; medicare, as authorized in Title XVIII of the federal "Social Security Act", as amended; the children's basic health plan established under article
8
of title
25.5
; or a health plan authorized under
10 U.S.C. sec. 1071
et seq.;
(II)
Lists the specific health insurance provider networks and carriers with which the freestanding emergency department participates or states that the freestanding emergency department is not a participating provider in any health insurance provider networks;
(III)
States that the freestanding emergency department or a physician providing health-care services at the freestanding emergency department may not be a participating provider in the patient's health insurance provider network;
(IV)
States that a physician providing health-care services at the freestanding emergency department may bill separately from the freestanding emergency department for the health-care services provided to the patient;
(V)
Specifies the chargemaster or fee schedule price for the twenty-five most common health-care services provided by the freestanding emergency department;
(VI)
Contains a statement specifying that the price listed on the freestanding emergency department's chargemaster or fee schedule for any given health-care service is the maximum charge that any patient will be billed for the service and that the actual charge for any health-care service rendered may be lower depending on applicable health insurance benefits and the availability of discounts or financial assistance;
(VII)
Contains the following statement or a statement containing substantially similar information:
If you are covered by health insurance, you are strongly encouraged to consult with your health insurer to determine accurate information about your financial responsibility for a particular health-care service provided at this freestanding emergency department. If you are not covered by health insurance, you are strongly encouraged to contact (insert name and telephone number for office responsible for financial services) to discuss payment options and the availability of financial assistance prior to receiving a health-care service from this freestanding emergency department.
(VIII)
Contains information about the facility fees that the freestanding emergency department charges, indicating either the maximum facility fee that the freestanding emergency department charges or the range of the minimum to maximum amount of the facility fees that the freestanding emergency department charges; and
(IX)
Includes the freestanding emergency department's website address where the information contained in the disclosure required by this subsection (3) may be found.
(b)
A freestanding emergency department shall update the information contained in the written disclosure required by this subsection (3) at least once every six months.
(c)
Receipt of the disclosure under this subsection (3) does not waive a covered person's protections under section
10-16-704 (3)(b)
.
(4)
A freestanding emergency department shall post the disclosure required by subsection (3) of this section on its website and update the disclosure posted on its website at least once every six months.
(5)
A freestanding emergency department shall provide the information required by this section in a clear and understandable manner and in languages appropriate to the communities and patients the freestanding emergency department serves.
(6)
Nothing in this section affects or otherwise limits a hospital's or other health facility's obligations under section
6-20-101
or article
49
of this title 25.
(7)
The state board of health may adopt rules as necessary to implement and enforce this section, including rules necessary to ensure that freestanding emergency departments are complying in good faith with the intent of this section and the transparency and disclosure requirements of this section.
(8)
As used in this section:
(a)
"Chargemaster or fee schedule", which is often referred to as "charge description master" or "CDM", means a uniform schedule of charges represented by a health facility as the facility's gross billed charge, or maximum charge that any patient will be billed, for a given health-care service, regardless of payer and before any discounts or negotiations are applied.
(b)
"Emergency medical condition" has the same meaning as set forth in
42 U.S.C. sec. 1395dd (e)(1)
.
(c)
"Freestanding emergency department" has the same meaning as section
25-1.5-114 (5)
.
Amended by 2019 Ch. 324, § 4, eff. 8/2/2019.
Added by 2018 Ch. 157, § 2, eff. 1/1/2019.
L. 2018: Entire section added, (SB 18-146), ch. 157, p. 1101, § 2, effective 1/1/2019.
For the legislative declaration in SB 18-146, see section 1 of chapter 157, Session Laws of Colorado 2018.