C.R.S.
Section 25-3-119
Freestanding emergency departments
- required notices
- disclosures
- rules
- definitions
(II)
Intentionally left blank —Ed.(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.”:(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.”:(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)
Intentionally left blank —Ed.(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:(b)
Intentionally left blank —Ed.(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:(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:(3)
Intentionally left blank —Ed.(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:(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).
Source:
Section 25-3-119 — Freestanding emergency departments - required notices - disclosures - rules - definitions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-25.pdf
(accessed Oct. 20, 2023).