§ 8-46-304 — Enforcement powers - violations

Colorado § 8-46-304

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Specific Insurance Funds

Text

(1) The director, in the
enforcement of this article, shall have all of the powers granted in the Workers'
Compensation Act of Colorado, articles 40 to 47 of this title, and any insurance
carrier or self-insurer violating any of the provisions of this article is guilty of a
violation of said act and shall be subject to the penalties therein prescribed.

(2) The director shall administer and conduct all matters involving the
medical disaster insurance fund in the name of the division, and, in that name and
without any other name, title, or authority, the director may:

(a) (I) Sue and be sued in all courts of this state, of any other state, or of the
United States and in actions arising out of any act, deed, matter, or thing made,
omitted, entered into, done, or suffered in connection with the medical disaster
insurance fund and the administration or conduct of matters relating thereto,
including the authority to employ counsel to represent the fund in any action.

(II) Nothing in this paragraph (a) shall be construed to waive any provisions of
the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., nor shall it
be construed to waive immunity of the state of Colorado from suit in federal court,
guaranteed by the eleventh amendment to the constitution of the United States.

(b) Make and enter into contracts or obligations relating to the medical
disaster insurance fund as authorized or permitted under the provisions of articles
40 to 47 of this title, but neither the director nor any officer or employee of the
division shall be personally liable in any private capacity for or on account of any
act done or omitted or contract or other obligation entered into or undertaken in an
official capacity in good faith and without intent to defraud in connection with the
administration or conduct of the medical disaster insurance fund, its business, or
other affairs relating thereto;

(c) Contract with physicians, surgeons, and hospitals for medical and
surgical treatment, services and supplies, crutches and apparatus, and the care and
nursing of injured persons entitled to benefits from said fund and, in addition, may
contract for medical, surgical, hospital, and nursing services and supplies in excess
of the amount and period otherwise limited in this article if said director determines
that the contracting of such extra medical, surgical, hospital, and nursing services
and supplies will reduce the period of disability for which said fund would be liable
for the payment and compensation.

Legislative History

Source: L. 90: Entire article R&RE, p. 550, � 1, effective July 1.