Amendments for SB19-217
Senate Journal, April 12
After consideration on the merits, the Committee recommends that SB19-217 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, line 21, strike "ARTS." and substitute "ARTS,".
Page 3, strike line 22.
Page 3, line 23, strike "CENTER" and strike "PROVIDERS" and substitute
"PROVIDER".
Page 4, line 6, strike "AT OR BEFORE THE TIME" and substitute "BEFORE".
Page 4, line 8, after "PARTY" insert "ORALLY AND IN WRITING".
Page 4, line 11, strike "LIEN;" and substitute "LIEN, INCLUDING AN
EXPLANATION OF THE LIENHOLDER'S POTENTIAL RIGHTS OF RECOVERY
AGAINST THE INJURED PARTY;".
Page 4, after line 19 insert:
"(b) BEFORE AN INJURED PARTY SIGNS AN AGREEMENT CREATING
A HEALTHCARE PROVIDER LIEN, A HEALTHCARE PROVIDER OR ITS ASSIGNEE
SHALL ADVISE THE INJURED PARTY ORALLY AND IN WRITING:
(I) THAT THE HEALTHCARE PROVIDER OR ITS ASSIGNEE IS NOT A
HEALTH INSURER OR PAYER OF BENEFITS AS THAT TERM IS DEFINED IN
SECTION 10-1-135 (2)(c)(I);
(II) THAT EXCEPT IN THE EVENT OF FRAUD BY THE INJURED PARTY,
THE LIENHOLDER MAY ONLY ASSIGN TO A COLLECTION AGENCY OR DEBT
COLLECTOR AN AMOUNT EQUAL TO THE TOTAL AMOUNT ACTUALLY PAID
BY THE LIENHOLDER TO HEALTHCARE PROVIDERS;
(III) OF ANY INVOLVEMENT BETWEEN THE LIENHOLDER AND THE
INJURED PARTY'S LEGAL COUNSEL; AND
(IV) OF ANY INVOLVEMENT BETWEEN THE LIENHOLDER AND ANY
HEALTHCARE PROVIDER WHO IS PROVIDING TREATMENT OR WHO MAY
PROVIDE TREATMENT TO THE INJURED PERSON UNDER THE TERMS OF THE
HEALTHCARE PROVIDER LIEN.".
Reletter succeeding paragraph accordingly.
Page 5, line 2, strike "(1)(b)(I)" and substitute "(1)(c)(I)".
Page 5, after line 2 insert:
"(2) UPON REQUEST BY THE INJURED PARTY OR THE INJURED
PARTY'S ATTORNEY, A LIENHOLDER SHALL PROVIDE TO THE INJURED PARTY
OR HIS OR HER ATTORNEY AN ITEMIZED STATEMENT OF ALL THE BILLED
CHARGES FOR TREATMENT THAT THE LIENHOLDER IS CLAIMING ARE
SUBJECT TO THE HEALTHCARE PROVIDER LIEN. THE STATEMENT MUST
INCLUDE A SUMMARY OF ALL TREATMENTS PROVIDED INCLUDING THE
AMOUNTS BILLED FOR EACH TREATMENT AND THE TOTAL AMOUNT OF THE
HEALTHCARE PROVIDER LIEN DUE AND OWING.".
Renumber succeeding subsections accordingly.
Page 5, line 5, strike "BILLED" and substitute "BY THE HEALTHCARE
PROVIDER TO THE PATIENT AT THE TIME OF SERVICE".
Page 5, lines 5 and 6, strike "STANDARD FEE SCHEDULE." and substitute
"USUAL AND CUSTOMARY FEE FOR THE SERVICES PROVIDED.".
Page 5, line 8, strike "SURCHARGES," and strike "CHARGES, OR INTEREST"
and substitute "CHARGES AS DEFINED IN SECTION 5-1-301 (20)".
Page 5, lines 10 and 11, strike "BILLED CHARGES AFTER THE MEDICAL
SERVICE HAS BEEN PROVIDED" and substitute "USUAL AND CUSTOMARY
BILLED CHARGE".
Page 5, line 15, strike "THIS SUBSECTION (3)" and substitute "SUBSECTION
(4)(a)".
Page 5, after line 18 insert:
"(c) EXCEPT IN THE EVENT OF FRAUD BY THE INJURED PARTY, THE
LIENHOLDER MAY ONLY ASSIGN TO A COLLECTION AGENCY OR DEBT
COLLECTOR AN AMOUNT EQUAL TO THE TOTAL AMOUNT ACTUALLY PAID
BY THE LIENHOLDER TO HEALTHCARE PROVIDERS.".
Page 5, strike lines 19 through 25.
Renumber succeeding subsection accordingly.
Page 6, line 9, strike "THE" and substitute "EXCEPT IN AN ACTION UNDER
THE "UNIFORM CONSUMER CREDIT CODE", ARTICLE 1 OF TITLE 5, THE".
Page 6, line 23, strike "(2)" and substitute "(3)".
Page 6, strike line 24 and substitute "AND (4)(a); EXCEPT THAT SECTION
38-27.5-103 (1)(a), (1)(b), (1)(c)(II), AND (2) DO".
Health &
Human
Services
Senate Journal, April 16
SB19-217 by Senator(s) Foote and Tate; also Representative(s) Snyder--Concerning healthcare
provider liens related to charges for medical care provided to a person injured as a result of
the negligence or wrongful acts of another person.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, April 12, pages 826-827 and placed in members' bill files.)
Amendment No. 2(L.034), by Senator Foote.
Amend the Health & Human Services Committee Report, dated April 11,
2019, page 2, line 4, strike "INVOLVEMENT" and substitute "BUSINESS
INTEREST".
Page 2, line 6, strike "INVOLVEMENT" and substitute "BUSINESS
INTEREST".
Amendment No. 3(L.035), by Senator Foote.
Amend the Health & Human Services Committee Report, dated April 11,
2019, page 1, line 11, strike "(b)" and substitute "(b) (I)".
Page 1, line 14, strike "(I)" and substitute "(A)".
Page 1, line 17, strike "(II)" and substitute "(B)".
Page 2, after line 3 insert:
"(C) THAT, UNLIKE A HEALTH INSURER OR PAYER OF BENEFITS AS
DEFINED IN SECTION 10-1-135 (2)(c)(I), WHICH ARE NOT ENTITLED TO BE
REIMBURSED UNTIL AFTER THE INJURED PARTY IS FULLY COMPENSATED,
UNDER THE LEIN THE HEALTHCARE PROVIDER OR ITS ASSIGNEE HAS THE
RIGHT TO BE REIMBURSED FOR THE FULL AMOUNT OF THE LIEN EVEN IN THE
EVENT THAT THE AVAILABLE JUDGMENT, SETTLEMENT, OR INSURANCE
COVERAGE IS INSUFFICIENT TO FULLY COMPENSATE THE INJURED PARTY
FOR HIS OR HER INJURIES, DAMAGES, AND LOSSES;
(D) THAT THE HEALTHCARE PROVIDER OR ITS ASSIGNEE IS NOT
REQUIRED TO REDUCE THE AMOUNT OF ITS LIEN TO SHARE IN THE COSTS OR
ATTORNEY FEES EXPENDED BY THE INJURED PARTY IN PURSUIT OF HIS OR
HER CLAIM FOR DAMAGES;".
Page 2, line 4, strike "(III)" and substitute "(E)".
Page 2, line 6, strike "(IV)" and substitute "(F)".
Page 2, strike line 9 and substitute "HEALTHCARE PROVIDER LIEN.
(II) A LIENHOLDER SHALL PROVIDE IN WRITING TO THE INJURED
PARTY AN ITEMIZED STATEMENT OF ALL THE BILLED CHARGES FOR
TREATMENT THAT THE LIENHOLDER IS CLAIMING ARE SUBJECT TO THE
HEALTHCARE PROVIDER LIEN AS THE BILLED CHARGES ARE ACCRUED, TO
THE EXTENT PRACTICABLE, AND WHEN THE HEALTHCARE 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 HEALTHCARE PROVIDER
LIEN DUE AND OWING.".".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
Senate Journal, April 17
SB19-217 by Senator(s) Foote and Tate; also Representative(s) Snyder--Concerning healthcare
provider liens related to charges for medical care provided to a person injured as a result of
the negligence or wrongful acts of another person.
A majority of those elected to the Senate having voted in the affirmative, Senator Tate
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.039), by Senator Pettersen.
Amend engrossed bill, page 5, after line 15 insert:
"(E) THAT THE LIENHOLDER'S COMPENSATION FROM THE INJURED
PARTY IS BASED ON THE DIFFERENCE BETWEEN THE TOTAL OF THE
MEDICAL BILLS AND THE NEGOTIATED AMOUNT;".
Reletter succeeding sub-subparagraphs accordingly.
The amendment was passed on the following roll call vote:
YES 34 NO 0 EXCUSED 1 ABSENT 0
Bridges Y Foote Y Marble Y Story Y
Cooke Y Gardner Y Moreno Y Tate Y
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola Y Williams A. Y
Crowder Y Hill Y Rankin Y Winter Y
Danielson Y Hisey Y Rodriguez E Woodward Y
Donovan Y Holbert Y Scott Y Zenzinger Y
Fenberg Y Lee Y Smallwood Y President Y
Fields Y Lundeen Y Sonnenberg Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 27 NO 7 EXCUSED 1 ABSENT 0
Bridges Y Foote Y Marble Y Story Y
Cooke N Gardner N Moreno Y Tate Y
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola N Williams A. Y
Crowder Y Hill N Rankin Y Winter Y
Danielson Y Hisey Y Rodriguez E Woodward N
Donovan Y Holbert Y Scott Y Zenzinger N
Fenberg Y Lee Y Smallwood Y President Y
Fields Y Lundeen Y Sonnenberg N
House Journal, April 26
15 SB19-217 be amended as follows, and as so amended, be referred to
16 the Committee of the Whole with favorable
17 recommendation:
18
19 Amend reengrossed bill, page 4, line 15, strike "BENEFICIARY;" and
20 substitute "BENEFICIARY, INCLUDING THAT THE INJURED PARTY CAN
21 OBTAIN INFORMATION ABOUT THE PAYER OF BENEFITS' NETWORK FROM
22 THE PAYER OF BENEFITS OR THE HEALTHCARE PROVIDER;".
23
24 Page 5, line 7, strike "LEIN" and substitute "LIEN".
25
26 Page 6, line 11, after the period add "NOTHING IN THIS SECTION CHANGES
27 ANY OBLIGATION OF THE HEALTHCARE PROVIDER OR ITS AGENTS UNDER
28 THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF TITLE
29 25.5.".
30
31 Page 7, after line 22 insert:
32
33 "(6) IN THE ABSENCE OF FRAUD OR MISREPRESENTATION, IF THE
34 INJURED PARTY DOES NOT RECEIVE A JUDGMENT, SETTLEMENT, OR
35 PAYMENT ON THE INJURED PARTY'S CLAIM AGAINST THIRD PARTIES OR
36 UNDER AN UNINSURED OR UNDERINSURED MOTORIST INSURANCE POLICY,
37 THE INJURED PARTY IS NOT LIABLE TO THE LIENHOLDER FOR ANY PORTION
38 OF THE HEALTHCARE PROVIDER LIEN.
39 (7) THIS SECTION DOES NOT DEEM A LIENHOLDER TO BE A REAL
40 PARTY IN INTEREST.".
41
42 Page 8, strike lines 3 through 9.
43
44 Renumber succeeding subsection accordingly.
45