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Colorado Revised Statutes Title 38. Property Real and Personal § 38-27.5-104. Health-care provider lien--disclosures to injured person

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 38. Property Real and Personal § 38-27.5-104. Health-care provider lien--disclosures to injured person - last updated January 01, 2025 | https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-27-5-104/

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