(1)Before a health-care provider lien is created, a health-care provider or its assignee
shall make the following disclosures and advisements to the injured person:
(a)That the following are potential methods for payment of a health-care
provider's billed charges:
(I)The creation of a health-care provider lien;
(II)The use of benefits available from any payer of benefits as defined in
section 38-27-101 (9) to which the injured person is a beneficiary, including that the
injured party can obtain information about the payer of benefits' network from the
payer of benefits or the health-care provider;
(III)Any other payment method or arrangement agreed to in writing by both
the health-care provider or its assignee and the injured person; or
(IV)A combination of the payment m
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(1)
Before a health-care provider lien is created, a health-care provider or its assignee
shall make the following disclosures and advisements to the injured person:
(a) That the following are potential methods for payment of a health-care
provider's billed charges:
(I) The creation of a health-care provider lien;
(II) The use of benefits available from any payer of benefits as defined in
section 38-27-101 (9) to which the injured person is a beneficiary, including that the
injured party can obtain information about the payer of benefits' network from the
payer of benefits or the health-care provider;
(III) Any other payment method or arrangement agreed to in writing by both
the health-care provider or its assignee and the injured person; or
(IV) A combination of the payment methods specified in subsections (1)(a)(I)
to (1)(a)(III) of this section;
(b) That the health-care provider or its assignee is not a health insurer or
payer of benefits;
(c) That, except in the event of fraud or misrepresentation by the injured
person:
(I) If the injured person does not receive a judgment, settlement, or payment
on the injured person's claim against third parties or under an uninsured or
underinsured motorist policy, the injured person is not liable to the holder of the
health-care provider lien for any portion of the health-care provider lien;
(II) If the injured person receives a net judgment, settlement, or payment that
is less than the full amount of the health-care provider lien, the injured person is not
liable to the holder of the health-care provider lien for any amount beyond the net
judgment, settlement, or payment, and the holder of the health-care provider lien
may not file a complaint or counterclaim against the injured person directly to be
reimbursed for any amount beyond the net judgment, settlement, or payment.
Nothing in this section prevents a health-care provider or its assignee from
initiating a declaratory judgment action or participating in an interpleader action or
claim pursuant to the Colorado rules of civil procedure, or any other similar action
or claim, to determine the health-care provider's or its assignee's share of the
injured person's net judgment, settlement, or payment.
(III) The health-care provider or its assignee may not assign a health-care
provider lien to a collection agency or debt collector;
(d) That a health-care provider's assignee's compensation from the injured
person is based on the difference between the health-care provider's usual and
customary billed charge and the amount that the assignee pays to purchase the
health-care provider lien;
(e) Of any common ownership interest between the holder of the health-care
provider lien and the injured person's legal counsel;
(f) Of any common ownership interest between the assignee of a health-care
provider lien and any health-care provider who is providing treatment or who may
provide treatment to the injured person under the terms of the health-care provider
lien; and
(g) That if the injured person has obtained health insurance even after a
health-care provider lien has been created, and the injured person or the injured
person's legal counsel so informs the holder of the health-care provider lien, all
future care may be billed to the health insurance carrier at the injured person's
discretion.
(2) Nothing in this section changes any obligation of the health-care provider
or its agents under the Colorado Medical Assistance Act, articles 4 to 6 of title
25.5.
(3) Upon request by the injured person or the injured person's legal counsel,
the holder of a health-care provider lien shall provide in writing to the injured
person an itemized statement of all the billed charges for treatment comprising the
total value of the health-care provider lien as the billed charges are accrued, to the
extent practicable, and when the health-care provider lien is final. The final
itemized statement must include a summary of all treatments provided, the total
amounts billed for each treatment, and the total amount of the health-care provider
lien due and owing.