C.R.S. Section 12-30-208
Conformance with federal law and regulation

  • legislative declaration
  • rules
  • limitations on liability
  • definition

(1)

The general assembly hereby finds, determines, and declares that the enactment of this section is necessary in order for the state to comply with the provisions of the federal “Health Care Quality Improvement Act of 1986”, as amended, 42 U.S.C. secs. 11101 to 11152. It is the intent of the general assembly that the provisions of this section are to be interpreted as being complementary to the other provisions in this part 2. The provisions of this section are intended to be responsive to specific requirements of the federal “Health Care Quality Improvement Act of 1986”, as amended. If the provisions of this section conflict with the other provisions of this part 2, other than with respect to the specific requirements of the federal “Health Care Quality Improvement Act of 1986”, as amended, the other provisions of this part 2 prevail.

(2)

The medical board and nursing board may promulgate rules to comply with the reporting requirements of the federal “Health Care Quality Improvement Act of 1986”, as amended, and may participate in the federal data bank.

(3)

Intentionally left blank —Ed.

(a)

The following persons are immune from suit and not liable for damages in any civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee in connection with a professional review action in this state, and such persons are not liable for damages in a civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee that meets the standards of and is in conformity with the federal “Health Care Quality Improvement Act of 1986”, as amended:

(I)

An authorized entity, professional review committee, or governing board;

(II)

Any person acting as a member of or staff to the authorized entity, professional review committee, or governing board;

(III)

A witness, consultant, or other person who provided information to the authorized entity, professional review committee, or governing board; and

(IV)

Any person who participates with or assists the professional review committee or governing board with respect to the professional review activities.

(b)

Intentionally left blank —Ed.

(I)

Notwithstanding subsection (3)(a) of this section, nothing in this section relieves an authorized entity that is a health-care facility licensed or certified pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103 (1)(a)(II) of liability to an injured person or wrongful death claimant for the facility’s independent negligence in the credentialing or privileging process for a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife who provided health-care services for the injured or deceased person at the facility. For purposes of this subsection (3), the facility’s participation in the credentialing process or the privileging process does not constitute the corporate practice of medicine.

(II)

Nothing in this subsection (3) affects the confidentiality or privilege of any records subject to section 12-30-204 (11) or of information obtained and maintained in accordance with a quality management program as described in section 25-3-109. The exceptions to confidentiality or privilege as set forth in sections 12-30-204 (11) and 25-3-109 (4) apply.

(III)

This subsection (3)(b) applies to actions filed on or after July 1, 2012.

(c)

As used in this subsection (3), unless the context otherwise requires, “professional review action” means an action or recommendation of a professional review committee that is taken or made in the conduct of professional review activity and that is based on the quality and appropriateness of patient care provided by, or the competence or professional conduct of, an individual person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife, which action affects or may affect adversely the person’s clinical privileges of or membership in an authorized entity. “Professional review action” includes a formal decision by the professional review committee not to take an action or make a recommendation as provided in this subsection (3)(c) and also includes professional review activities relating to a professional review action. An action is not based upon the competence or professional conduct of a person if the action is primarily based on:

(I)

The person’s association or lack of association with a professional society or association;

(II)

The person’s fees or advertising or engaging in other competitive acts intended to solicit or retain business;

(III)

The person’s association with, supervision of, delegation of authority to, support for, training of, or participation in a private group practice with a member or members of a particular class of health-care practitioners or professionals;

(IV)

The person’s participation in prepaid group health plans, salaried employment, or any other manner of delivering health services whether on a fee-for-service basis or other basis;

(V)

Any other matter that does not relate to the quality and appropriateness of patient care provided by, or the competence or professional conduct of, a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife.

Source: Section 12-30-208 — Conformance with federal law and regulation - legislative declaration - rules - limitations on liability - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑30‑101
Scope 12‑30‑102
Medical transparency act of 2010 - disclosure of information about health-care providers - fines - rules - short title - legislative declaration - review of functions - repeal 12‑30‑103
Solicitation of accident victims - waiting period - definitions 12‑30‑104
Health-care prescriber boards - disciplinary procedures - definitions 12‑30‑105
Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal 12‑30‑106
Health-care work force data collection 12‑30‑107
Mammography report - dense breast tissue - required notice 12‑30‑108
Confidential agreement to limit practice - violation grounds for discipline 12‑30‑109
Prescriptions - limitations - definition - rules 12‑30‑109.5
Prescription drugs for treatment of chronic pain - patients - prescribers - definitions 12‑30‑110
Prescribing or dispensing opiate antagonists - authorized recipients - definitions 12‑30‑111
Electronic prescribing of controlled substances - exceptions - rules - definitions 12‑30‑112
Health-care providers - required disclosures - balance billing - deceptive trade practice - rules - definitions 12‑30‑113
Out-of-network health-care providers - out-of-network services - billing - payment - deceptive trade practice 12‑30‑114
Demonstrated competency - opiate prescribers - rules - definition 12‑30‑115
Required disclosure to patients - conviction of or discipline based on sexual misconduct - signed agreement to treatment - exceptions - violation grounds for discipline - rules - definitions 12‑30‑116
Protection for administering medical marijuana at school 12‑30‑117
Acceptance of patients enrolled in standardized plan - acceptance of reimbursement rate requirements 12‑30‑118
Acceptance of transfers from home and birthing centers 12‑30‑119
Culturally relevant and affirming health-care training - health-care providers - grants - definition 12‑30‑120
Unprofessional conduct - grounds for discipline - offering medication abortion reversal - definitions - rules 12‑30‑121
Legally protected health-care activity - prohibit adverse action against regulated professionals and applicants - definitions 12‑30‑122
Intimate examination of sedated or unconscious patient - informed consent required - definitions 12‑30‑201
Legislative declaration 12‑30‑202
Definitions 12‑30‑203
Use of professional review committees 12‑30‑204
Establishment of professional review committees - function - rules 12‑30‑205
Hospital professional review committees 12‑30‑206
Governing boards to register with division - annual reports - aggregation and publication of data - definition - rules 12‑30‑207
Immunity from liability 12‑30‑208
Conformance with federal law and regulation - legislative declaration - rules - limitations on liability - definition 12‑30‑209
Repeal of part - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 12-30-208’s source at colorado​.gov