reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HEALTH CARE COVERAGE COOPERATIVES (§§ 6-18-101 — 6-18-401) › Article 18 - HEALTH CARE COVERAGE COOPERATIVES - PROVIDER NETWORKS (§§ 6-18-101 — 6-18-401) › Part 3 - PROVIDER NETWORKS (§§ 6-18-301 — 6-18-304) › Section 6-18-301.5 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Licensed provider network" or "licensed individual provider" means a provider network or individual provider that is authorized to transact insurance business pursuant to title 10, C.R.S.
(2)
"Provider" means a state-licensed, state-certified, or state-authorized facility or a practitioner delivering health-care services to individuals.
(3)
"Provider network" means a group of health-care providers formed to provide health-care services to individuals.
L. 2004: Entire section added, p. 1009, § 17, effective August 4.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HEALTH CARE COVERAGE COOPERATIVES (§§ 6-18-101 — 6-18-401) › Article 18 - HEALTH CARE COVERAGE COOPERATIVES - PROVIDER NETWORKS (§§ 6-18-101 — 6-18-401) › Part 3 - PROVIDER NETWORKS (§§ 6-18-301 — 6-18-304) › Section 6-18-303 - Effect on scope of practice - limited exception to prohibitions on corporate practice of licensed health-care providers

(1)
Except as provided in subsection (2) of this section, the fact that an entity or provider is a member of a provider network shall not exempt such entity or provider from any licensure or regulatory statute, nor shall any scope of practice of any provider be expanded, reduced, or otherwise modified by virtue of membership in or affiliation with any provider network.
(2)
Any provision of article 200, 215, or 290 of title 12, or any of the provisions of articles
220
,
240
,
245
,
255
to
285
,
295
, and
300
of title
12
, prohibiting the practice of any licensed or certificated health-care profession as the partner, agent, or employee of or in joint venture with a person who does not hold a license or certificate to practice such profession within this state shall not apply to professional practice if a professional is participating in a provider network organized pursuant to this part 3 and:
(a)
The partnership, agency, employment, or joint venture is evidenced by a written agreement containing language to the effect that the relationship created by the agreement may not affect the exercise of the licensed or certified professional's independent judgment in the practice of the profession;
(b)
The licensed or certificated professional's independent judgment in the practice of such profession is in fact unaffected by the relationship; and
(c)
The licensed professional is not required to exclusively refer any patient to a particular provider or supplier or take any other action the licensed professional determines not to be in the patient's best interest.
L. 94: Entire article added, p. 1938, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HEALTH CARE COVERAGE COOPERATIVES (§§ 6-18-101 — 6-18-401) › Article 18 - HEALTH CARE COVERAGE COOPERATIVES - PROVIDER NETWORKS (§§ 6-18-101 — 6-18-401) › Part 3 - PROVIDER NETWORKS (§§ 6-18-301 — 6-18-304) › Section 6-18-304 - Competitive behavior - restraints of trade prohibited

Organization or operation as a provider network is authorized under this article for the purpose of more cost-effective delivery of health-care services, and shall not be construed as permitting any such collaborative system or any member of such provider network to act in a concerted way to restrain trade or otherwise engage in practices which are otherwise prohibited by federal or state antitrust law.
L. 94: Entire article added, p. 1939, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HEALTH CARE COVERAGE COOPERATIVES (§§ 6-18-101 — 6-18-401) › Article 18 - HEALTH CARE COVERAGE COOPERATIVES - PROVIDER NETWORKS (§§ 6-18-101 — 6-18-401) › Part 4 - TECHNICAL ASSISTANCE TO AUTHORIZED COOPERATIVES FROM DEPARTMENT OF HEALTH CARE POLICY AND FINANCING (§ 6-18-401) › Section 6-18-401 - [Repealed]

L. 2004: Entire part repealed, p. 1011, § 23, effective August 4.
This article was added in 1994, and this part 4 was not amended prior to its repeal in 2004. For the text of this part 4 prior to 2004, consult the 2003 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 1 - GENERAL PROVISIONS (§§ 6-19-101 — 6-19-104) › Section 6-19-101 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that all licensed and certified hospitals provide a service to the public by making health-care services available to the communities they serve.
(2)
Furthermore, for purposes of the attorney general's authority over the transfer of nonprofit hospital assets, all nonprofit hospitals shall be deemed to hold all of their assets in trust, and those assets shall be deemed to be dedicated to the specific charitable purposes set forth in the articles of incorporation or other organic documents of the nonprofit entities that hold them in trust. The public is the beneficiary of this trust. Nonprofit hospitals have a substantial and beneficial effect on the provision of health care to the people of Colorado, providing as part of their charitable purposes uncompensated care to the uninsured or underinsured and including, but not limited to, providing moneys and support for health-related research and education or other community benefits. The general assembly also finds that transfers of the assets of nonprofit hospitals to the for-profit sector may directly affect the character and extent of the charitable use of those assets or the proceeds from the assets. The public also has an interest in knowing that the transfer of the assets of a nonprofit hospital, or the proceeds from the assets, preserves, to the extent practicable, their charitable purpose. The general assembly believes it is in the best interest of the public to ensure that the public interest is fully protected whenever the assets of a hospital are transferred to a for-profit entity except in the ordinary course of business.
(3)
The general assembly further finds and declares that all transfers of hospital assets or control have the potential to impact the communities they serve. This article is intended to protect the public interest, to assure that nonprofit assets of hospitals are preserved to serve the charitable purposes to which they were dedicated, and to provide the public notice of all transfers of assets of hospitals that constitute covered transitions as defined in this article and shall be construed with these purposes in mind.
(4)
The general assembly further finds and declares that the addition of the factors to be considered in relation to the term "material change" in section
6-19-203(1)
is intended to clarify the provisions of this article.
L. 98: Entire article added, p. 520, § 1, effective April 30. L. 2008: (4) added, p. 1342, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 1 - GENERAL PROVISIONS (§§ 6-19-101 — 6-19-104) › Section 6-19-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Covered transaction" means any transaction that would result in the sale, transfer, lease, exchange, or other disposition of fifty percent or more of the assets of a hospital. A series of transactions taking place in any five-year period, which would result in the aggregate of the transfer of fifty percent or more of a hospital's assets, shall in all circumstances be deemed to be a covered transaction. "Covered transaction" shall also include the sale, transfer, or other disposition of the control of a parent company, holding company, or other entity controlling a hospital. For the purposes of this subsection (1), "fifty percent or more of the assets" shall be based on the fair market value of all of the assets of the hospital.
(2)
"For-profit entity" means a business corporation, general partnership, limited partnership, limited liability limited partnership, limited liability partnership, limited liability company, limited partnership association, and cooperative.
(3)
"Hospital" means a licensed or certified hospital as described in section
25-1.5-103(1)(a)(I) and (1)(a)(II)
, C.R.S.
L. 98: Entire article added, p. 521, § 1, effective April 30. L. 2003: (3) amended, p. 700, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 1 - GENERAL PROVISIONS (§§ 6-19-101 — 6-19-104) › Section 6-19-103 - Procedures for covered transactions - notice - attorney general powers

(1)
The parties to a covered transaction shall provide notice of such transaction to the attorney general no later than sixty days prior to the transaction closing or effective date of the transaction. The notice to the attorney general shall be in writing, shall include the information required in section
6-19-202
,
6-19-302
, or
6-19-402
, as applicable, and shall contain a certification that public notice of the transaction will be given within seven days after the notification to the attorney general.
(2)
Whenever the attorney general has reason to believe that a person has engaged in or is engaging in a covered transaction without complying with the provisions of this article, the attorney general may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure prohibiting such person from continuing such noncompliance or engaging therein or doing any act in furtherance thereof. The court may make such further orders or judgments, at law or in equity, as may be necessary to remedy such noncompliance.
L. 98: Entire article added, p. 521, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 1 - GENERAL PROVISIONS (§§ 6-19-101 — 6-19-104) › Section 6-19-104 - Attorney general - effect on powers

(1)
Nothing in this article shall be construed as limiting the attorney general's common law powers.
(2)
Nothing in this article shall affect the regulatory authority of any government agency other than the department of law.
L. 98: Entire article added, p. 522, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 2 - NONPROFIT TO NONPROFIT TRANSACTIONS (§§ 6-19-201 — 6-19-203) › Section 6-19-201 - Scope of part 2

This part 2 applies to covered transactions involving a nonprofit hospital and another nonprofit entity.
L. 98: Entire article added, p. 522, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 2 - NONPROFIT TO NONPROFIT TRANSACTIONS (§§ 6-19-201 — 6-19-203) › Section 6-19-202 - Notice

Notice shall be provided by the parties to a covered transaction according to section
6-19-103
and shall include a statement on the charitable purposes of each nonprofit entity entering into the covered transaction as well as a statement concerning the relationship of these purposes to the hospital involved in the transaction. The statement may include a certification by the chief executive officer as approved by the board of directors or board of trustees of the nonprofit entity transferring its assets that there will be no material change in the charitable purposes to which the transferred assets are dedicated as a result of the transaction.
L. 98: Entire article added, p. 522, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 3 - FOR-PROFIT TO FOR-PROFIT TRANSACTIONS (§§ 6-19-301 — 6-19-302) › Section 6-19-301 - Scope of part 3

This part 3 applies to covered transactions where the parties involved in the transaction are all for-profit entities.
L. 98: Entire article added, p. 524, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 3 - FOR-PROFIT TO FOR-PROFIT TRANSACTIONS (§§ 6-19-301 — 6-19-302) › Section 6-19-302 - Notice

The parties to a covered transaction governed by this part 3 shall provide the notice required by section
6-19-103
.
L. 98: Entire article added, p. 524, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 4 - NONPROFIT TO FOR-PROFIT TRANSACTIONS (§§ 6-19-401 — 6-19-407) › Section 6-19-401 - Scope of part 4

This part 4 applies to covered transactions involving a nonprofit hospital and a for-profit entity.
L. 98: Entire article added, p. 524, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 4 - NONPROFIT TO FOR-PROFIT TRANSACTIONS (§§ 6-19-401 — 6-19-407) › Section 6-19-402 - Notice and filing

(1)
The notice and filing provided to the attorney general pursuant to section
6-19-103
shall include all proposed agreements relating to the proposed transaction, all agreements regarding collateral transactions that relate to the principal transaction, any reports of financial and economic analysis that the nonprofit entity reviewed or relied on in negotiating the proposed transaction, and an explanation of how the completed transaction will comply with the requirements of section
6-19-403
. The attorney general shall notify the parties to the transaction if the filing is complete or incomplete within thirty days after the initial filing and shall specify the omitted documentation if incomplete. An initial filing that includes a schedule for the submission of subsequently produced or acquired documents may be deemed complete by the attorney general.
(2)
Within sixty days after the complete filing required by this section, the attorney general shall notify in writing the parties to the transaction of the results and conclusions of the review and assessment. The attorney general may extend this period for an additional period of up to ninety days if the attorney general determines, for good cause, that additional time is warranted and so advises the parties in writing. The attorney general shall notify the parties of any extension as soon as possible.
L. 98: Entire article added, p. 524, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 4 - NONPROFIT TO FOR-PROFIT TRANSACTIONS (§§ 6-19-401 — 6-19-407) › Section 6-19-404 - Attorney general review

(1)
No later than thirty days after the attorney general has received the completed notice and filing pursuant to section
6-19-402
, the attorney general shall hold at least one public hearing in the service area of the hospital involved in the transaction, at which the attorney general shall allow any person to either file written comments and exhibits or appear and make a statement about any aspect of the transaction, including, but not limited to, whether the proposed transaction complies with the requirements of section
6-19-403
. At least seven days prior to each public hearing, the attorney general shall submit a press release providing pertinent information about the hearing, including the time and place of the hearing, to one or more newspapers of general circulation in the affected communities and notify the mayor of the city or city and county and the board of county commissioners of the county in which the hospital is located. The public hearing shall be a legislative rather than an adjudicative hearing.
(2)
The attorney general shall have the power to subpoena documents or witnesses, require and administer oaths, and require statements at any time that are reasonably necessary to assess an application or monitor compliance with this section.
(3)
If any person fails to cooperate with any investigation pursuant to this section or fails to obey any subpoena issued pursuant to this section, the attorney general may apply to the appropriate district court for an appropriate order to effect the purposes of this section. The application shall state that there are reasonable grounds to believe that the order applied for is necessary to carry out the attorney general's duties under this section. If the court is satisfied that reasonable grounds exist, the court, in its order, may:
(a)
Require the attendance of or the production of documents by such person, or both;
(b)
Grant such other or further relief as may be necessary to obtain compliance by such person.
(4)
Except for documents the attorney general determines to be confidential as a matter of law, the documents filed pursuant to section
6-19-402
shall be available to the public for review and copying during normal business hours at both the attorney general's office and the offices of the parties to the transaction. Reasonable costs of copying shall be borne by the parties if copies are requested at their offices.
L. 98: Entire article added, p. 526, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 4 - NONPROFIT TO FOR-PROFIT TRANSACTIONS (§§ 6-19-401 — 6-19-407) › Section 6-19-405 - Post-transaction requirements

For a period of not less than five years, the nonprofit charitable organization receiving the proceeds of the covered transaction shall provide the attorney general with an annual report of its grant-making and other charitable activities related to its use of the proceeds of the covered transaction received. For a period of not less than five years, the for-profit entity shall provide the attorney general with an annual report detailing its activities to satisfy the requirements of section
6-19-403
at the time of the review and assessment. These annual reports shall be made available to the public at the attorney general's office, the office of the nonprofit charitable organization, and the offices of the parties to the covered transaction. The annual report shall be filed no later than ninety days after the year that the report addresses.
L. 98: Entire article added, p. 527, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Article 19 - TRANSACTIONS INVOLVING LICENSED HOSPITALS (§§ 6-19-101 — 6-19-407) › Part 4 - NONPROFIT TO FOR-PROFIT TRANSACTIONS (§§ 6-19-401 — 6-19-407) › Section 6-19-407 - Attorney general review and assessment

(1)
The attorney general may review any notice and filing made under this part 4 and assess whether the proposed transaction complies with the requirements of section
6-19-403
.
(2)
If, after review and assessment, the attorney general concludes that all of the requirements of section
6-19-403
have been met, the attorney general shall issue a written assessment and conclusion to such effect on the proposed transaction. If the attorney general concludes, after discussions with the parties to the transaction, that all of the requirements of section
6-19-403
have not been met, or if the attorney general is unable to conclude whether or not all of the requirements of section
6-19-403
have been met, the attorney general shall issue a written assessment and conclusion to such effect on the proposed transaction. Such nonconclusive or noncomplying assessment and conclusion shall include specific findings on each of the requirements of section
6-19-403
. The attorney general may also issue a written statement that a formal assessment and review has not been determined necessary for the covered transaction or that the transaction does not constitute a covered transaction.
(3)
The attorney general may challenge any proposed transaction at any time through injunction, declaratory order, or otherwise, in the district court of the jurisdiction in which the nonprofit entity proposing the transaction has its principal place of business or where the hospital involved in the transaction is located. If the attorney general's assessment and review under this section is challenged in court, the attorney general's conclusions shall be the focus of the review by the reviewing court and shall be given strong deference by such court. The burden shall be upon the proponents of the transaction to establish that the attorney general's conclusions are not in conformance with statutory provisions. The court shall have the power to issue whatever orders are necessary to ensure compliance with the provisions of section
6-19-403
.
L. 98: Entire article added, p. 528, § 1, effective April 30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HOSPITAL DISCLOSURES TO CONSUMERS (§§ 6-20-101 — 6-20-203) › Article 20 - HOSPITAL DISCLOSURES TO CONSUMERS (§§ 6-20-101 — 6-20-203) › Part 1 - DISCLOSURE OF AVERAGE CHARGE (§§ 6-20-101 — 6-20-102) › Section 6-20-101 - Provider disclosure of average charge

(1)
Each hospital licensed or certified pursuant to section
25-1.5-103 (1)(a)
, C.R.S., shall disclose to a person seeking care or treatment his or her right to receive notice of the average facility charge for such treatment that is a frequently performed inpatient procedure prior to admission for such procedure; except that care or treatment for an emergency need not be disclosed prior to such emergency care or treatment. When requested, the average charge information shall be made available to the person prior to admission for such procedure.
(2)
Other health facilities licensed or certified pursuant to section
25-1.5-103 (1)(a)
, C.R.S., shall disclose to a person seeking care or treatment his or her right to receive notice of the average facility charge for such treatment that is a frequently performed procedure prior to ordering or scheduling such procedure; except that care or treatment for an emergency need not be disclosed prior to such emergency care or treatment. When requested, such average charge information shall be made available to the person prior to the scheduling of the procedure.
L. 2003: Entire article added, p. 1221, § 2, effective 1/1/2004. L. 2004: (1) and (2) amended, p. 1189, § 11, effective August 4.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HOSPITAL DISCLOSURES TO CONSUMERS (§§ 6-20-101 — 6-20-203) › Article 20 - HOSPITAL DISCLOSURES TO CONSUMERS (§§ 6-20-101 — 6-20-203) › Part 2 - NOTIFICATION OF DEBT BY A HEALTH-CARE PROVIDER (§§ 6-20-201 — 6-20-203) › Section 6-20-201 - Definitions

For the purposes of this part 2, unless the context otherwise requires:
(1)
"Collection activity" means only those activities provided or performed by a licensed collection agency, using a business name other than the name of the health-care provider, for purposes of collecting a debt. The term does not include any standard billing procedures used by the health-care provider or its agent in the normal course of business on current, nondelinquent accounts.
(2)
"Collection agency" shall have the same meaning as in section
5-16-103 (3)
.
(3)
"Health-care provider" includes a health-care facility licensed pursuant to article
3
of title
25
, C.R.S., and any other health-care provider.
(4)
"Hospital services" means health-care services, as defined in section
10-16-102 (33)
, provided by a health-care facility, as defined in section
25.5-3-501 (1)
, or a licensed health-care professional, as defined in section
25.5-3-501 (3)
.
(5)
"Impermissible extraordinary collection action" means initiating foreclosure on an individual's primary residence or homestead, including a mobile home, as defined in section
38-12-201.5 (5)
.
(6)
"Medical creditor" means an entity that attempts to collect on a medical debt, including:
(a)
A health-care provider or health-care provider's billing office;
(b)
A collection agency, as defined in section
5-16-103 (3)
;
(c)
A debt buyer, as defined in section
5-16-103
(8.5); and
(d)
A debt collector, as defined in
15 U.S.C. sec. 1692a (6)
.
(7)
"Permissible extraordinary collection action" means an action other than an impermissible extraordinary collection action that requires a legal or judicial process, including but not limited to placing a lien on an individual's real property, attaching or seizing an individual's bank account or any other personal property, or garnishing an individual's wages. A permissible extraordinary collection action does not include the assertion of a hospital lien pursuant to section
38-27-101
.
Amended by 2021 Ch. 435, § 3, eff. 9/7/2021.
L. 2004: Entire part added, p. 458, § 1, effective August 4. L. 2005: Entire section amended, p. 124, § 1, effective August 8. L. 2017: (2) amended, (HB 17-1238), ch. 1171, p. 1171, § 12, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › PROTECTION AGAINST EXPLOITATION OF AT-RISK ADULTS (§ 6-21-101) › Article 21 - [Repealed] PROTECTION AGAINST FINANCIAL EXPLOITATION (§ 6-21-101) › Section 6-21-101 - to 6-21-103 - [Repealed]

Repealed by 2013 Ch. 233, § 17, eff. 5/16/2013.
L. 2013: Entire article repealed, (SB 13-111), ch. 233, p. 1128, § 17, effective May 16.
This article was added in 2010 and was not amended prior to its repeal in 2013. For the text of this article prior to 2013, consult the 2012 Colorado Revised Statutes.
For the legislative declaration in the 2013 act repealing this article, see section 1 of chapter 233, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RESIDENTIAL ROOFING SERVICES (§§ 6-22-101 — 6-22-105) › Article 22 - ROOFING SERVICES - RESIDENTIAL PROPERTY (§§ 6-22-101 — 6-22-105) › Section 6-22-101 - Legislative declaration

(1)
The general assembly hereby declares that the purpose of enacting this article is to protect Colorado consumers by:
(a)
Requiring roofing contractors offering to perform roofing work on residential property in this state to sign a written contract with property owners detailing the scope and cost of the roofing work and contact information for the roofing contractor;
(b)
Requiring roofing contractors to permit property owners to rescind a contract for the performance of roofing work and obtain a refund of any deposit paid to the roofing contractor; and
(c)
Prohibiting roofing contractors from paying, waiving, rebating, or promising to pay, waive, or rebate all or part of any insurance deductible applicable to an insurance claim made to the property owner's property and casualty insurer for payment for roofing work on the residential property covered by a property and casualty insurance policy.
L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1386, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RESIDENTIAL ROOFING SERVICES (§§ 6-22-101 — 6-22-105) › Article 22 - ROOFING SERVICES - RESIDENTIAL PROPERTY (§§ 6-22-101 — 6-22-105) › Section 6-22-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Property owner" means the owner of residential property or the owner's legal representative.
(2)
(a)
"Residential property" means:
(I)
A detached, one- or two-family dwelling; or
(II)
Multiple single-family dwellings that are not more than three stories above grade plane height and provide separate means of egress.
(b)
"Residential property" does not include:
(I)
A structure comprising multiple, attached single-family dwellings, unless maintenance, repair, or replacements of the dwellings' roof is the responsibility of a condominium association, homeowners' association, common interest community, unit owners' association, or any other entity subject to the "Colorado Common Interest Ownership Act", article
33.3
of title
38
, C.R.S., regardless of when the entity was formed; or
(II)
New construction.
(3)
"Roofing contractor" means:
(a)
An individual or sole proprietorship that performs roofing work or roofing services in this state for compensation; or
(b)
(I)
A firm, partnership, corporation, association, business trust, limited liability company, or other legal entity that performs or offers to perform roofing work in this state on residential property for compensation.
(II)
As used in subparagraph (I) of this paragraph (b), "association" does not include a condominium association, homeowners' association, common interest community, unit owners' association, or any other entity subject to the "Colorado Common Interest Ownership Act", article
33.3
of title
38
, C.R.S., regardless of when the entity was formed.
(4)
(a)
"Roofing work" or "roofing services" means the construction, reconstruction, alteration, maintenance, or repair of a roof on a residential property and the use of materials and items in the construction, reconstruction, alteration, maintenance, and repair of roofing and waterproofing of roofs, all in a manner to comply with plans, specifications, codes, laws, rules, regulations, and roofing industry standards for workmanlike performance applicable to the construction, reconstruction, alteration, maintenance, and repair of roofs on residential properties.
(b)
"Roofing work" or "roofing services" does not include roofing work or services for which the compensation is one thousand dollars or less per contract.
L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1387, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RESIDENTIAL ROOFING SERVICES (§§ 6-22-101 — 6-22-105) › Article 22 - ROOFING SERVICES - RESIDENTIAL PROPERTY (§§ 6-22-101 — 6-22-105) › Section 6-22-103 - Contracts for roofing services - writing required - required terms

(1)
Prior to engaging in any roofing work, a roofing contractor shall provide a written contract to the property owner, signed by both the roofing contractor or his or her designee and the property owner, stating at least the following terms:
(a)
The scope of roofing services and materials to be provided;
(b)
The approximate dates of service;
(c)
The approximate costs of the services based on damages known at the time the contract is entered;
(d)
The roofing contractor's contact information, including physical address, electronic mail address, telephone number, and any other contact information available for the roofing contractor;
(e)
Identification of the roofing contractor's surety and liability coverage insurer and their contact information, if applicable;
(f)
(I)
The roofing contractor's policy regarding cancellation of the contract and refund of any deposit, including a rescission clause allowing the property owner to rescind the contract and obtain a full refund of any deposit within seventy-two hours after entering the contract; and
(II)
A written statement that the property owner may rescind a roofing contract pursuant to section
6-22-104
; and
(g)
A written statement that if the property owner plans to use the proceeds of a property and casualty insurance policy issued pursuant to part 1 of article
4
of title
10
, C.R.S., to pay for the roofing work, pursuant to section
6-22-105
, the roofing contractor cannot pay, waive, rebate, or promise to pay, waive, or rebate all or part of any insurance deductible applicable to the insurance claim for payment for roofing work on the covered residential property.
(2)
In addition to the contract terms required in subsection (1) of this section, a roofing contractor shall include, on the face of the contract, in bold-faced type, a statement indicating that the roofing contractor shall hold in trust any payment from the property owner until the roofing contractor has delivered roofing materials at the residential property site or has performed a majority of the roofing work on the residential property.
L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1388, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RESIDENTIAL ROOFING SERVICES (§§ 6-22-101 — 6-22-105) › Article 22 - ROOFING SERVICES - RESIDENTIAL PROPERTY (§§ 6-22-101 — 6-22-105) › Section 6-22-105 - Waiver of insurance deductible prohibited

(1)
A roofing contractor that performs roofing work, the payment for which will be made from the proceeds of a property and casualty insurance policy issued pursuant to part 1 of article
4
of title
10
, C.R.S., shall not advertise or promise to pay, waive, or rebate all or part of any insurance deductible applicable to the claim for payment for roofing work on the covered residential property.
(2)
If a roofing contractor violates subsection (1) of this section:
(a)
The insurer to whom the property owner submitted the claim for payment for the roofing work is not obligated to consider the estimate of costs for the roofing work prepared by the roofing contractor; and
(b)
The property owner whose residential property is insured under the property and casualty insurance policy or the insurer that issued the policy may bring an action against the roofing contractor in a court of competent jurisdiction to recover damages sustained by the property owner or insurer as a consequence of the violation.
(3)
A roofing contractor soliciting roofing services in this state shall not claim to be or act as a public insurance adjuster adjusting claims for losses or damages. Nothing in this article prevents a public insurance adjuster licensed pursuant to section
10-2-417
, C.R.S., from acting or holding himself or herself out as a public insurance adjuster. Nothing in this subsection (3) precludes a roofing contractor from discussing, on behalf of the property owner, the scope of repairs with a property and casualty insurer when the roofing contractor has a valid contract with the property owner of the residential property on which the roofing contractor has contracted to perform roofing work.
L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1390, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › DIRECT PRIMARY HEALTH CARE (§§ 6-23-101 — 6-23-105) › Article 23 - DIRECT PRIMARY CARE (§§ 6-23-101 — 6-23-105) › Section 6-23-101 - Definitions

As used in this section:
(1)
"Direct primary care agreement" means a written agreement that:
(a)
Is between a patient, his or her legal representative, a government entity, or a patient's employer and a direct primary health-care provider;
(b)
Discloses and describes to the patient and to the person paying the direct primary care fee the primary care services to be provided in exchange for payment of a periodic fee;
(c)
Specifies the periodic fee required and any additional fees that may be charged;
(d)
May allow the periodic fee and any additional fees to be paid by a third party;
(e)
Prohibits the provider from submitting a fee-for-service claim for payment to a health insurance issuer for primary care services covered under the agreement and states that some services may be a covered benefit or covered service under the patient's health benefit plan as defined in section
10-16-102
, at no cost to the patient;
(f)
Conspicuously and prominently discloses to all parties subject to the agreement that it is not health insurance and does not meet any individual health benefit plan mandate that may be required by federal law and the patient is not entitled to health insurance protections for consumers under title 10; and
(g)
Allows either party to terminate the agreement, in writing and with notice, as specified in the agreement and subject to refund terms and conditions in the agreement.
(2)
"Direct primary health-care provider" means an individual or legal entity that is licensed under article
240
of title
12
or part 1 of article
255
of title
12
to provide primary care services in this state and who enters into a direct primary care agreement. "Direct primary health-care provider" includes an individual primary care provider or other legal entity, alone or with others professionally associated with the individual or other legal entity.
(3)
"Primary care service" includes the screening, assessment, diagnosis, and treatment for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the primary care provider.
Amended by 2020 Ch. 157,§ 31, eff. 7/1/2020.
Amended by 2019 Ch. 136,§ 16, eff. 10/1/2019.
L. 2017: Entire article added, (HB 17-1115), ch. 151, p. 511, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › DIRECT PRIMARY HEALTH CARE (§§ 6-23-101 — 6-23-105) › Article 23 - DIRECT PRIMARY CARE (§§ 6-23-101 — 6-23-105) › Section 6-23-102 - Direct primary care - not regulated by the division of insurance

(1)
Direct primary care is not insurance and is not regulated by the commissioner of insurance pursuant to title 10.
(2)
Direct primary health-care providers and direct primary care agreements that comply with this article 23 shall not be considered to be a health maintenance organization, insurer, insurance producer, or insurance and are not subject to title 10.
(3)
Offering or entering into a direct primary care agreement is not the business of insurance or the practice of underwriting.
(4)
A direct primary health-care provider or agent of a direct primary health-care provider is not required to obtain a certificate of authority or license to market, sell, or offer to sell a direct primary care agreement.
L. 2017: Entire article added, (HB 17-1115), ch. 151, p. 511, § 2, effective August 9; (2) amended, (SB 17-294), ch. 264, p. 1417, § 117, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › DIRECT PRIMARY HEALTH CARE (§§ 6-23-101 — 6-23-105) › Article 23 - DIRECT PRIMARY CARE (§§ 6-23-101 — 6-23-105) › Section 6-23-103 - Direct primary health-care provider rights

(1)
A direct primary health-care provider may:
(a)
Decline to accept patients whose health needs exceed the primary care services offered by the direct primary health-care provider; and
(b)
Terminate a direct primary care agreement if the termination allows for the transition of care to another health-care provider commensurate with the standards of professional responsibility within the state.
L. 2017: Entire article added, (HB 17-1115), ch. 151, p. 512, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › DIRECT PRIMARY HEALTH CARE (§§ 6-23-101 — 6-23-105) › Article 23 - DIRECT PRIMARY CARE (§§ 6-23-101 — 6-23-105) › Section 6-23-104 - Direct primary health-care providers - prohibitions

(1)
A direct primary health-care provider may not discriminate in the selection of patients on the basis of age, citizenship status, color, disability, gender, gender identity, gender expression, genetic information, health status, national origin, race, religion, sex, sexual orientation, or any other protected class.
(2)
Direct primary health-care providers are subject to section
25.5-4-301
.
(3)
This section does not prevent a direct primary health-care provider from providing primary care to patients who are not party to a direct primary care agreement.
Amended by 2021 Ch. 156, § 11, eff. 9/7/2021.
L. 2017: Entire article added, (HB 17-1115), ch. 512, p. 512, § 2, effective August 9.
For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › DIRECT PRIMARY HEALTH CARE (§§ 6-23-101 — 6-23-105) › Article 23 - DIRECT PRIMARY CARE (§§ 6-23-101 — 6-23-105) › Section 6-23-105 - Enforcement

This article 23 is not subject to enforcement by the attorney general or the district attorney pursuant to this title 6.
L. 2017: Entire article added, (HB 17-1115), ch. 151, p. 512, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CEMETERIES (§§ 6-24-101 — 6-24-112) › Article 24 - CEMETERIES (§§ 6-24-101 — 6-24-112) › Section 6-24-101 - Definitions

As used in this article 24, unless the context otherwise requires:
(1)
"Burial memorial" means any type of gravestone, tombstone, headstone, memorial, monument, or marker that commemorates the permanent disposition of the remains of a human body either below or above the surface of the ground.
(2)
"Cemetery" means any place, including a mausoleum, in which there is provided space either below or above the surface of the ground for the interment of the remains of human bodies. "Cemetery" does not include a cemetery that is owned, operated, or maintained by a government or governmental agency, by a church or synagogue, by a labor organization, by a cooperative association as defined in section
7-55-101
, by a corporation organized and operated exclusively for religious purposes, or by a fraternal society, order, or association operating under the lodge system and exempt from the payment of state income tax and that has as its main business something other than the ownership, operation, or maintenance of any business connected with the burial of the dead.
(3)
"Cemetery authority" means any person who owns, maintains, or operates a cemetery.
(4)
"Endowment care cemetery" means any cemetery, the authority of which does, or represents to the public that it does, collect funds for the purpose of caring for, maintaining, or embellishing the cemetery to preserve it from becoming unkempt or a place of reproach and desolation. It does not include a cemetery which is owned, operated, or maintained by a government or governmental agency, by a church, by a labor organization, by a cooperative association as defined in section
7-55-101
, by a corporation organized and operated exclusively for religious purposes, or by a fraternal society, order, or association operating under the lodge system and exempt from the payment of state income tax and which has as its main purpose something other than the ownership, operation, or maintenance of any business connected with burial of the dead.
(5)
"Grave space" means any space in the ground for the interment of the remains of a human body.
(6)
"Inscription" means any words or symbols on a burial memorial.
(7)
"Interment" means the permanent disposition of the remains of a deceased person by cremation, inurnment, entombment, or burial.
(8)
"Niche" or "crypt" means a space in any structure above the ground for the interment of the remains of a human body.
(9)
"Nonendowment care cemetery" means any cemetery other than an endowment care cemetery.
(10)
"Person" means a person as defined by section
2-4-401(8)
.
Renumbered from C.R.S. § 12-12-101 and amended by 2017 Ch. 239,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1244), ch. 239, p. 977, § 1, effective August 9.
This section is similar to former § 12-12-101 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CEMETERIES (§§ 6-24-101 — 6-24-112) › Article 24 - CEMETERIES (§§ 6-24-101 — 6-24-112) › Section 6-24-102 - Organization as endowment care cemetery - when

Any person who, after July 1, 1965, establishes or acquires a cemetery within twenty miles from the exterior boundary of any city with a population of five thousand or more, according to the latest federal decennial census, shall be organized as an endowment care cemetery.
Renumbered from C.R.S. § 12-12-103 and amended by 2017 Ch. 239,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1244), ch. 239, p. 978, § 1, effective August 9.
This section is similar to former § 12-12-103 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CEMETERIES (§§ 6-24-101 — 6-24-112) › Article 24 - CEMETERIES (§§ 6-24-101 — 6-24-112) › Section 6-24-103 - Nonendowment section in endowment care cemetery

Any cemetery authority of an endowment care cemetery that has a nonendowed section that is used only as single graves for indigents may continue to donate the graves for the burial of indigents. Nothing in this article shall be construed to prevent a cemetery authority of an endowed care cemetery from donating a grave space for the burial of an indigent person without placing money in the endowment care fund for the space.
Renumbered from C.R.S. § 12-12-104 and amended by 2017 Ch. 239,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1244), ch. 239, p. 978, § 1, effective August 9.
This section is similar to former § 12-12-104 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CEMETERIES (§§ 6-24-101 — 6-24-112) › Article 24 - CEMETERIES (§§ 6-24-101 — 6-24-112) › Section 6-24-104 - Acquisition of land

Any cemetery authority may acquire suitable and sufficient land for a cemetery in a manner provided by articles
1
to
7
of title
38
.
Renumbered from C.R.S. § 12-12-105 and amended by 2017 Ch. 239,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1244), ch. 239, p. 978, § 1, effective August 9.
This section is similar to former § 12-12-105 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CEMETERIES (§§ 6-24-101 — 6-24-112) › Article 24 - CEMETERIES (§§ 6-24-101 — 6-24-112) › Section 6-24-105 - Plats of land to be recorded

Any cemetery authority shall cause its land or the portion thereof as may become necessary for that purpose to be surveyed into blocks, lots, avenues, and walks and platted. The plat of ground as surveyed shall be acknowledged by some officer of the cemetery authority and filed for record in the office of the clerk and recorder of the county in which the land is situated. Each block or lot shall be regularly numbered by the surveyor, and the numbers shall be marked on the plat.
Renumbered from C.R.S. § 12-12-106 and amended by 2017 Ch. 239,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1244), ch. 239, p. 979, § 1, effective August 9.
This section is similar to former § 12-12-106 as it existed prior to 2017.