HB 21-1300

  • Colorado House Bill
  • 2021 Regular Session
  • Introduced in House May 19, 2021
  • Passed House May 19, 2021
  • Passed Senate May 27, 2021
  • Signed by Governor Jul 07, 2021

Health-care Provider Liens For Injured Persons

Abstract

The act establishes requirements for the creation and assignment of a health-care provider lien for a person injured in an accident. A health-care provider lien is a lien related to charges for health care provided to a person injured by the negligence or wrongful act of another person, which is asserted against money the injured person may receive from a personal injury claim or uninsured motorist claim.A health-care provider or the health-care provider's assignee creating a lien must advise the injured person of their options for payment, including the use of benefits from an insurance plan. In addition, the provider or assignee must provide additional disclosures about the lien, including how the health-care provider's assignee is compensated and of any common ownership interests among the lien holder and the injured person's health-care providers or legal counsel. The injured person must also be advised that, except in the case of fraud or misrepresentation:If the injured person does not receive a judgment, settlement, or payment on the injured person's claim, the injured person is not liable for any amount of the lien; If the injured person receives a net judgment, settlement, or payment that is less than the amount of the lien, the injured person is not liable for any amount over the amount of the net judgment, settlement, or payment; and The lien holder cannot assign the lien to a collection agency. The act requires that a health-care provider lien cannot include additional finance charges or interest and must be limited to the total of the usual and customary charges billed by health-care providers. In the absence of fraud or misrepresentation:If the injured person does not receive a judgment, settlement, or payment on the injured person's claim, the injured person is not liable for any amount of the lien; If the injured person receives a net judgment, settlement, or payment that is less than the amount of the lien, the injured person is not liable for any amount over the amount of the net judgment, settlement, or payment; and The lien holder cannot assign the lien to a collection agency. A health-care provider or its assignee must comply with the provisions of the act to have a valid health-care provider lien. If a court determines that a health-care provider or its assignee knowingly failed to comply, the injured person may seek a ruling from the court concerning which portions of the lien, if any, the health-care provider or assignee cannot recover.Except in an action under the "Uniform Consumer Credit Code", when a lien is assigned, the amount paid for the assignment, the fact of the assignment, and the terms of the assignment are not admissible as evidence in the underlying personal injury action.The holder of a health-care provider lien may file a record of the lien in accordance with the "Colorado Statutory Lien Registration Act". If more than one health-care provider lien has been asserted against an injured person's net judgment, settlement, or payment for the same accident or incident, a lien for which a record has been filed has priority for payment out of the injured person's net judgment, settlement, or payment over a lien for which no record is filed. If records are filed for more than one health-care provider lien for the same accident or incident, priority is determined by the date on which the record was filed, with the lien with the earliest date of filing having first priority. Filing a record is optional and does not waive any other provisions of the act.(Note: This summary applies to this bill as enacted.)

Bill Sponsors (4)

Votes


May 27, 2021

May 26, 2021

May 19, 2021

Actions


Jul 07, 2021

Office of the Governor

Governor Signed

Jun 21, 2021

Office of the Governor

Sent to the Governor

House

Signed by the Speaker of the House

Senate

Signed by the President of the Senate

May 27, 2021

Senate

Senate Third Reading Passed - No Amendments

May 26, 2021

Senate

Senate Second Reading Passed - No Amendments

May 24, 2021

Senate

Senate Committee on State, Veterans, & Military Affairs Refer Unamended - Consent Calendar to Senate Committee of the Whole

  • Committee-Passage
State, Veterans, & Military Affairs

May 19, 2021

Senate

Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  • Introduction
State, Veterans, & Military Affairs

House

House Third Reading Passed - No Amendments

May 18, 2021

House

House Second Reading Passed with Amendments - Committee, Floor

May 14, 2021

House

House Second Reading Laid Over Daily - No Amendments

May 11, 2021

House

House Committee on Judiciary Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole Judiciary

Apr 30, 2021

House

Introduced In House - Assigned to Judiciary

  • Introduction
Judiciary

Bill Text

Bill Text Versions Format
Signed Act (07/07/2021) PDF
Final Act (06/21/2021) PDF
Rerevised (05/27/2021) PDF
Revised (05/26/2021) PDF
Reengrossed (05/19/2021) PDF
Engrossed (05/18/2021) PDF
Introduced (04/30/2021) PDF
PA1 (05/13/2021) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note FN1 (05/10/2021) PDF
Fiscal Note FN2 (05/17/2021) PDF
Fiscal Note FN3 (05/23/2021) PDF

Sources

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