Colorado § 13-64-402 Collateral source evidence

Colorado Statutes

§ 13-64-402 — Collateral source evidence

Colorado·Title 13 Courts·Art. Health Care Availability Act

(1)In any action in a court or arbitration proceeding for personal injury against a health-care provider for professional negligence, the plaintiff shall, within sixty days after the commencement thereof, serve written notice thereof to the third party payer or provider of any amount paid or payable as a medical benefit pursuant to any health, sickness, or accident insurance or plan, which provides health benefits, or any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health-care services, and shall file a copy thereof with the court or arbitrator. Such service shall be made pursuant to section 10-3-107 (1) or (1.5), C.R.S., or pursuant to the Colorado rules of civil p

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(1) In any action in a court or
arbitration proceeding for personal injury against a health-care provider for
professional negligence, the plaintiff shall, within sixty days after the
commencement thereof, serve written notice thereof to the third party payer or
provider of any amount paid or payable as a medical benefit pursuant to any health,
sickness, or accident insurance or plan, which provides health benefits, or any
contract or agreement of any group, organization, partnership, or corporation to
provide, pay for, or reimburse the cost of medical, hospital, dental, or other health-care services, and shall file a copy thereof with the court or arbitrator. Such service
shall be made pursuant to section 10-3-107 (1) or (1.5), C.R.S., or pursuant to the
Colorado rules of civil procedure.

(2) If such third party payer or provider of such benefits has a right of
subrogation for such payments, it shall file with the court or arbitrator written
notice of such subrogated claim, without specifying a definite amount, within ninety
days after receipt of the notice required in subsection (1) of this section, and
transmit a copy thereof to the party plaintiff. Failure to file such written notice shall
constitute a waiver of such right of subrogation as to such action.

(3) Before entering final judgment, the court shall determine the amount, if
any, due the third party payer or provider and enter its judgment in accordance with
such finding.

(4) The provisions of this section shall not apply to section 25.5-4-301, C.R.S.

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Legislative History

Source: L. 88: Entire article added, p. 620, � 1, effective July 1. L. 92: Entire section amended, p. 269, � 1, effective April 16. L. 2006: (4) amended, p. 2001, � 47, effective July 1.