§ 25.5-3-506 — Limitations on collection actions - private enforcement

Colorado § 25.5-3-506

• Jurisdiction: Colorado
• Title 25.5: Health
• Art.: Indigent Care

Text

(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.

Legislative History

Source: L. 2021: Entire part added, (HB 21-1198), ch. 435, p. 2880, � 1, effective September 7. L. 2022: IP(1) amended, (HB 22-1403), ch. 203, p. 1363, � 5, effective May 20.