C.R.S. 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.

Source: Section 25.5-3-506 — Limitations on collection actions - private enforcement, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­5.­pdf (accessed Oct. 20, 2023).

25.5‑3‑101
Short title
25.5‑3‑102
Legislative declaration
25.5‑3‑103
Definitions
25.5‑3‑104
Program for the medically indigent established - eligibility - rules
25.5‑3‑105
Eligibility of legal immigrants for services
25.5‑3‑106
No public funds for abortion - exception - definitions - repeal
25.5‑3‑107
Report concerning the program
25.5‑3‑108
Responsibility of the department of health care policy and financing - provider reimbursement - repeal
25.5‑3‑109
Appropriations
25.5‑3‑110
Effect of part 1
25.5‑3‑111
Penalties
25.5‑3‑112
Health care services fund - creation - state plan amendment - primary care special distribution fund
25.5‑3‑301
Definitions
25.5‑3‑302
Annual allocation - primary care services - qualified provider - rules
25.5‑3‑303
Consultation
25.5‑3‑401
Short title
25.5‑3‑402
Legislative declaration
25.5‑3‑403
Definitions
25.5‑3‑404
Colorado dental health care program for low-income seniors - rules
25.5‑3‑405
Program reporting
25.5‑3‑406
Senior dental advisory committee - creation - duties - repeal
25.5‑3‑501
Definitions
25.5‑3‑502
Requirement to screen patients for eligibility for public health-care programs and discounted care - rules
25.5‑3‑503
Health-care discounts on services not eligible for Colorado indigent care program reimbursement
25.5‑3‑504
Notification of patients’ rights
25.5‑3‑505
Health-care facility reporting requirements - agency enforcement - report - rules
25.5‑3‑506
Limitations on collection actions - private enforcement
Green check means up to date. Up to date

Current through Fall 2024

§ 25.5-3-506’s source at colorado​.gov