§ 6-20-202 — Notice to patient of debt

Colorado § 6-20-202

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Hospital Disclosures to Consumers

Text

(1) (a) When a person has health
benefit coverage to provide payment for care or treatment rendered by a health-care provider and the person has notified the health-care provider of coverage
within thirty days after the date the care or treatment was rendered, and if the
health coverage plan, as defined in section 10-16-102 (34), C.R.S., pays only a
portion of the debt, prior to the assignment of the debt to a licensed collection
agency, the health-care provider shall mail written notice to the last-known address
of the person responsible for payment of the debt at least thirty days before any
collection activity on any amount due and owing the health-care provider.

(b) The notice required of health-care providers by paragraph (a) of this
subsection (1) shall include the amount due and owing; the name, address, and
telephone number of the health-care provider; where payment may be made; the
date of service; and the last date or number of days after the date of the notice the
health-care provider will accept payment prior to the debt being submitted to a
collection agency or reporting adverse information to a consumer reporting agency
for the debt for which notice was provided.

(2) (a) If the health-care provider fails to provide the person with notice of
such debt and all other information required by subsection (1) of this section, the
health-care provider shall not pursue any rights to collect such outstanding amount
either through a collection agency or by any further efforts of the health-care
provider to collect the debt. In addition, the health-care provider may not report
adverse information to a consumer reporting agency for the debt for which notice
was provided without providing notice to the person pursuant to subsection (1) of
this section. The health-care provider shall assist the person in correcting any
adverse credit information because of the health-care provider's failure to provide
notice pursuant to subsection (1) of this section.

(b) Notwithstanding any provision of this section to the contrary, a health-care provider may remedy a failure to give notice by providing a written report to
the collection agency to withhold any collection activity and withholding any of the
health-care provider's own collection efforts until the provider complies with the
notice and time requirements pursuant to subsection (1) of this section.

(c) Nothing in this subsection (2) shall be construed to require a health-care
provider to perform additional attempts to notify a person of the person's portion of
the debt other than mailing the notice required pursuant to subsection (1) of this
section to the person's last-known address and maintaining a record of such
mailing.

(d) The failure of a health-care provider or its agent to provide the notice
required by subsection (1) of this section shall not create a cause of action or
remedy against a collection agency under the Colorado Fair Debt Collection
Practices Act, article 16 of title 5.

Legislative History

Source: L. 2004: Entire part added, p. 458, � 1, effective August 4. L. 2005: (1) and (2)(b) amended and (2)(d) added, p. 124, � 2, effective August 8. L. 2013: (1)(a) amended, (HB 13-1266), ch. 217, p. 985, � 40, effective May 13. L. 2017: (2)(d) amended, (HB 17-1238), ch. 260, p. 1172, � 13, effective August 9.