Amendments for HB21-1300
House Journal, May 12
43 HB21-1300 be amended as follows, and as so amended, be referred to
44 the Committee of the Whole with favorable
45 recommendation:
46
47 Amend printed bill, page 11, strike lines 11 through 27.
48
49 Page 12, strike lines 1 through 12.
50
51
House Journal, May 18
53 Amendment No. 1, Judiciary Report, dated May 11, 2021, and placed in
54 member's bill file; Report also printed in House Journal, May 12, 2021.
55
1 Amendment No. 2, by Representative Weissman.
2
3 Amend the Judiciary Committee Report, dated May 11, 2021, page 1,
4 strike line 2 and substitute:
5
6 "Page 12, strike lines 1 through 12 and substitute:
7
8 "38-27.5-108. Priority of health-care provider liens. (1) THE
9 HOLDER OF A HEALTH-CARE PROVIDER LIEN MAY FILE A RECORD OF ITS
10 HEALTH-CARE PROVIDER LIEN BY FOLLOWING THE PROVISIONS SET FORTH
7 11 IN THE "COLORADO STATUTORY LIEN REGISTRATION ACT", ARTICLE 9.
12 OF TITLE 4, INCLUDING LISTING THE NAME AND ADDRESS OF THE INJURED
13 PERSON, THE DATE OF THE ACCIDENT OR INCIDENT, THE NAME AND
14 ADDRESS OF THE HOLDER OF THE HEALTH-CARE PROVIDER LIEN, AND THE
15 NAME AND ADDRESS OF EACH HEALTH-CARE PROVIDER THAT RENDERED
16 HEALTH-CARE SERVICES UNDERLYING THE HEALTH-CARE PROVIDER LIEN.
17 (2) IN THE EVENT MULTIPLE HEALTH-CARE PROVIDER LIENS ARE
18 ASSERTED AGAINST AN INJURED PERSON'S NET JUDGMENT, SETTLEMENT,
19 OR PAYMENT, HEALTH-CARE PROVIDER LIENS FOR WHICH RECORDS WERE
20 FILED PURSUANT TO ARTICLE 9.7 OF TITLE 4 SHALL HAVE PRIORITY FOR
21 PAYMENT OUT OF THE INJURED PERSON'S NET JUDGMENT, SETTLEMENT, OR
22 PAYMENT BEFORE PAYMENTS ARE MADE ON HEALTH-CARE PROVIDER
23 LIENS FOR WHICH NO SUCH RECORDS WERE FILED. IN THE EVENT MULTIPLE
24 RECORDS HAVE BEEN FILED PURSUANT TO ARTICLE 9.7 OF TITLE 4 FOR
25 HEALTH-CARE PROVIDER LIENS RELATED TO A SINGLE ACCIDENT OR
26 INCIDENT, PRIORITY FOR PAYMENT OUT OF THE INJURED PERSON'S NET
27 JUDGMENT, SETTLEMENT, OR PAYMENT ON EACH SUCH LIEN SHALL BE
28 DETERMINED BY THE DATES THE RECORDS WERE FILED, WITH THE
29 HEALTH-CARE PROVIDER LIEN HAVING THE EARLIEST FILED RECORD
30 RECEIVING PRIORITY OVER THOSE WITH SUBSEQUENTLY FILED RECORDS.
31 (3) FILING A RECORD OF A HEALTH-CARE PROVIDER LIEN UNDER
32 THIS SECTION IS OPTIONAL AND THE SOLE PURPOSE THEREOF IS TO
33 ESTABLISH THE PRIORITY OF PAYMENTS BETWEEN MULTIPLE
34 HEALTH-CARE PROVIDER LIENS. FILING A RECORD OF A HEALTH-CARE
35 PROVIDER LIEN PURSUANT TO ARTICLE 9.7 OF TITLE 4 DOES NOT WAIVE
36 ANY OF THE STATUTORY PROVISIONS ESTABLISHED IN THIS ARTICLE
37 27.5.".".
38
39 Amendment No. 3, by Representative Tipper.
40
41 Amend printed bill, page 10, after line 26 insert:
42
43 "(6) (a) A HEALTH-CARE PROVIDER OR ITS ASSIGNEE MUST
44 COMPLY WITH THE PROVISIONS OF THIS SECTION TO HAVE A VALID
45 HEALTH-CARE PROVIDER LIEN UNDER THIS ARTICLE 27.5. IF A COURT OF
46 COMPETENT JURISDICTION DETERMINES THAT A HEALTH-CARE PROVIDER
47 OR ITS ASSIGNEE KNOWINGLY FAILED TO COMPLY WITH THE PROVISIONS
48 OF THIS SECTION, THE INJURED PERSON MAY SEEK A RULING FROM THE
49 COURT CONCERNING WHAT PORTIONS OF THE HEALTH-CARE PROVIDER
50 LIEN, IF ANY, THE HEALTH-CARE PROVIDER OR ITS ASSIGNEE MAY NOT
51 RECOVER FROM THE INJURED PERSON DUE TO A WHOLLY OR PARTIALLY
52 INVALID HEALTH-CARE PROVIDER LIEN.
53 (b) SUBSECTIONS (3), (4) AND (5) OF THIS SECTION CONTINUE TO
54 APPLY TO A HEALTH-CARE PROVIDER LIEN DETERMINED TO BE WHOLLY OR
55 PARTIALLY INVALID UNDER THIS SUBSECTION (6).".
1 As amended, ordered engrossed and placed on the Calendar for Third
2 Reading and Final Passage.
3
Senate Journal, May 26
HB21-1300 by Representative(s) Weissman and Neville; also Senator(s) Smallwood and Zenzinger--
Concerning health-care provider liens related to charges for health care provided to a
person injured as a result of the negligence or wrongful acts of another person.
Senator Gardner moved to amend the report of the Committee of the Whole to show that
the following Gardner floor amendment, (L.012) to HB21-1300, did pass.
Amend reengrossed bill, page 7, strike lines 13 through 19 and substitute
"SETTLEMENT, OR PAYMENT, THE INJURED PERSON SHALL BE FULLY
COMPENSATED FOR ALL OTHER DAMAGES TO THE INJURED PERSON ARISING OUT
OF THE CLAIM BEFORE THE HOLDER OF THE HEALTH-CARE PROVIDER LIEN MAY
RECOVER ANY AMOUNT ON THE LIEN. THE INJURED PERSON IS NOT LIABLE TO
THE HOLDER OF THE HEALTH-CARE PROVIDER LIEN FOR ANY AMOUNT BEYOND
THE LIEN HOLDER'S SHARE OF THE INJURED PERSON'S NET JUDGMENT,
SETTLEMENT, OR PAYMENT, AND THE LIEN HOLDER MAY NOT FILE A COMPLAINT
OR COUNTERCLAIM AGAINST THE INJURED PERSON DIRECTLY TO BE REIMBURSED
FOR ANY AMOUNT BEYOND THE LIEN HOLDER'S SHARE OF THE NET JUDGMENT,".
Page 10, strike lines 8 through 14 and substitute "SETTLEMENT, OR PAYMENT,
THE INJURED PERSON SHALL BE FULLY COMPENSATED FOR ALL OTHER DAMAGES
TO THE INJURED PERSON ARISING OUT OF THE CLAIM BEFORE THE HOLDER OF A
HEALTH-CARE PROVIDER LIEN MAY RECOVER ANY AMOUNT ON THE LIEN. THE
INJURED PERSON IS NOT LIABLE TO THE HOLDER OF THE HEALTH-CARE PROVIDER
LIEN FOR ANY AMOUNT BEYOND THE LIEN HOLDER'S SHARE OF THE INJURED
PERSON'S NET JUDGMENT, SETTLEMENT, OR PAYMENT, AND THE LIEN HOLDER
MAY NOT FILE A COMPLAINT OR COUNTERCLAIM AGAINST THE INJURED PERSON
DIRECTLY TO BE REIMBURSED FOR ANY AMOUNT BEYOND THE LIEN HOLDER'S
SHARE OF THE NET JUDGMENT,".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 6 NO 29 EXCUSED 0 ABSENT 0
Bridges N Gardner Y Lee N Simpson N
Buckner N Ginal N Liston Y Smallwood N
Coleman N Gonzales N Lundeen Y Sonnenberg Y
Cooke Y Hansen N Moreno N Story N
Coram N Hisey N Pettersen N Winter N
Danielson N Holbert N Priola Y Woodward N
Donovan N Jaquez Lewis N Rankin N Zenzinger N
Fenberg N Kirkmeyer N Rodriguez N President N
Fields N Kolker N Scott N