2 | | - | BY REPRESENTATIVE(S) Neville and Esgar, Daugherty, Amabile, |
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3 | | - | Bernett, Bird, Boesenecker, Carver, Duran, Herod, Jodeh, Kennedy, Kipp, |
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4 | | - | Lindsay, Lontine, McCluskie, McCormick, Michaelson Jenet, Ortiz, Pico, |
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5 | | - | Roberts, Sirota, Snyder, Titone, Valdez A., Van Winkle, Weissman, |
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6 | | - | Garnett, Baisley, Exum, Geitner, Luck, Pelton, Sandridge, Valdez D., |
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7 | | - | Van Beber, Williams, Young; |
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8 | | - | also SENATOR(S) Moreno and Cooke, Bridges, Buckner, Coram, |
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9 | | - | Danielson, Donovan, Fields, Ginal, Gonzales, Hinrichsen, Holbert, |
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10 | | - | Jaquez Lewis, Kolker, Lee, Pettersen, Priola, Rankin, Rodriguez, Scott, |
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11 | | - | Sonnenberg, Story, Winter, Woodward, Zenzinger, Fenberg. |
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| 9 | + | House Committees Senate Committees |
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| 10 | + | Health & Insurance Health & Human Services |
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| 11 | + | A BILL FOR AN ACT |
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13 | | - | ONCERNING A PROHIBITION AGAINST A HOSPITAL TAKING CERTAIN DEBT |
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14 | | - | COLLECTION ACTIONS AGAINST A PATIENT IF THE HOSPITAL IS NOT IN |
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15 | | - | COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS |
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16 | | - | . |
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17 | | - | |
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18 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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19 | | - | SECTION 1. In Colorado Revised Statutes, add part 8 to article 3 |
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20 | | - | of title 25 as follows: |
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21 | | - | PART 8 |
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22 | | - | CONSUMER PROTECTION RELATING TO |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. HOSPITAL PRICE TRANSPARENCY |
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| 13 | + | ONCERNING A PROHIBITION AGAINS T A HOSPITAL TAKING CERTAIN101 |
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| 14 | + | DEBT COLLECTION ACTIONS AGAINST A PATIENT IF THE102 |
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| 15 | + | HOSPITAL IS NOT IN COMPLI ANCE WITH HOSPITAL PRICE103 |
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| 16 | + | TRANSPARENCY LAWS .104 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov |
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| 23 | + | .) |
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| 24 | + | The bill prohibits a hospital or other person or entity collecting on |
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| 25 | + | behalf of the hospital from initiating or pursuing collection actions |
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| 26 | + | against a patient or patient guarantor for debt incurred by the patient on |
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| 27 | + | SENATE |
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| 28 | + | 3rd Reading Unamended |
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| 29 | + | May 3, 2022 |
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| 30 | + | SENATE |
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| 31 | + | Amended 2nd Reading |
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| 32 | + | May 2, 2022 |
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| 33 | + | HOUSE |
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| 34 | + | Amended 3rd Reading |
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| 35 | + | April 26, 2022 |
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| 36 | + | HOUSE |
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| 37 | + | Amended 2nd Reading |
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| 38 | + | April 22, 2022 |
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| 39 | + | HOUSE SPONSORSHIP |
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| 40 | + | Neville and Esgar, Daugherty, Amabile, Bernett, Bird, Boesenecker, Carver, Duran, |
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| 41 | + | Garnett, Herod, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McCormick, |
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| 42 | + | Michaelson Jenet, Ortiz, Pico, Roberts, Sirota, Snyder, Titone, Valdez A., Van Winkle, |
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| 43 | + | Weissman |
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| 44 | + | SENATE SPONSORSHIP |
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| 45 | + | Moreno and Cooke, Bridges, Buckner, Coram, Danielson, Donovan, Fenberg, Fields, |
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| 46 | + | Ginal, Gonzales, Hinrichsen, Holbert, Jaquez Lewis, Kolker, Lee, Pettersen, Priola, Rankin, |
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| 47 | + | Rodriguez, Scott, Sonnenberg, Story, Winter, Woodward, Zenzinger |
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| 48 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 49 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 50 | + | Dashes through the words indicate deletions from existing statute. the date or dates of service when the hospital was not in compliance with |
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| 51 | + | federal hospital price transparency laws. |
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| 52 | + | Nothing in the bill: |
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| 53 | + | ! Prohibits a hospital from billing a patient or health insurer |
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| 54 | + | for items or services provided to the patient; or |
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| 55 | + | ! Requires a hospital to refund a payment made to the |
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| 56 | + | hospital for items or services provided to a patient. |
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| 57 | + | A hospital that initiates or pursues a prohibited collection action |
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| 58 | + | is subject to a penalty equal to the amount of the debt and must refund |
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| 59 | + | any amount paid on the debt and pay attorney fees and costs. |
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| 60 | + | The bill makes attempting to collect the debt an unfair practice |
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| 61 | + | under the "Colorado Fair Debt Collections Act". |
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| 62 | + | The bill authorizes the department of public health and |
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| 63 | + | environment, in considering a hospital's license renewal application, to |
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| 64 | + | consider whether the hospital is or has been in compliance with federal |
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| 65 | + | hospital price transparency laws. |
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| 66 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 67 | + | SECTION 1. In Colorado Revised Statutes, add part 8 to article2 |
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| 68 | + | 3 of title 25 as follows:3 |
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| 69 | + | PART 84 |
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| 70 | + | CONSUMER PROTECTION RELATING TO5 |
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| 71 | + | HOSPITAL PRICE TRANSPARENCY6 |
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162 | | - | IRECTLY OR INDIRECTLY SOLICITS FOR COLLECTION DEBTS |
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163 | | - | OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER |
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164 | | - | ; OR |
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165 | | - | (D) COLLECTS DEBT FOR THE DEPARTMENT OF PERSONNEL . |
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166 | | - | (b) "C |
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167 | | - | OLLECTION AGENCY" DOES NOT INCLUDE: |
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168 | | - | (I) A |
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169 | | - | NY OFFICER OR EMPLOYEE OF A CREDITOR WHILE , IN THE NAME |
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170 | | - | OF THE CREDITOR |
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171 | | - | , COLLECTING DEBTS FOR SUCH CREDITOR ; |
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172 | | - | (II) A |
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173 | | - | NY PERSON WHILE ACTING AS A COLLECTION AGENCY FOR |
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174 | | - | ANOTHER PERSON |
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175 | | - | , BOTH OF WHOM ARE RELATED BY COMMON OWNERSHIP |
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176 | | - | OR AFFILIATED BY CORPORATE CONTROL |
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177 | | - | , IF THE PERSON ACTING AS A |
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178 | | - | COLLECTION AGENCY DOES SO ONLY FOR CREDITORS TO WHOM IT IS SO |
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179 | | - | RELATED OR AFFILIATED AND IF THE PRINCIPAL BUSINESS OF THE PERSON IS |
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180 | | - | NOT THE COLLECTION OF DEBTS |
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181 | | - | ; |
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182 | | - | (III) A |
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183 | | - | NY OFFICER OR EMPLOYEE OF THE UNITED STATES OR ANY |
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184 | | - | PAGE 4-HOUSE BILL 22-1285 STATE TO THE EXTENT THAT COLLECTING OR ATTEMPTING TO COLLECT ANY |
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185 | | - | DEBT IS IN THE PERFORMANCE OF THE OFFICER |
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186 | | - | 'S OR EMPLOYEE'S OFFICIAL |
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187 | | - | DUTIES |
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188 | | - | ; |
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189 | | - | (IV) A |
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190 | | - | NY PERSON WHILE SERVING OR ATTEMPTING TO SERVE LEGAL |
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191 | | - | PROCESS ON ANY OTHER PERSON IN CONNECTION WITH THE JUDICIAL |
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192 | | - | ENFORCEMENT OF ANY DEBT |
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193 | | - | ; |
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194 | | - | (V) A |
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195 | | - | NY DEBT-MANAGEMENT SERVICES PROVIDER OPERATING IN |
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196 | | - | COMPLIANCE WITH OR EXEMPT FROM THE |
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197 | | - | "UNIFORM DEBT-MANAGEMENT |
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198 | | - | SERVICES ACT", PART 2 OF ARTICLE 19 OF TITLE 5; |
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199 | | - | (VI) A |
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200 | | - | NY PERSON COLLECTING OR ATTEMPTING TO COLLECT ANY |
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201 | | - | DEBT OWED OR DUE OR ASSERTED TO BE OWED OR DUE ANOTHER TO THE |
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202 | | - | EXTENT THAT |
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203 | | - | : |
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204 | | - | (A) T |
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205 | | - | HE ACTIVITY IS INCIDENTAL TO A BONA FIDE FIDUCIARY |
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206 | | - | OBLIGATION OR A BONA FIDE ESCROW ARRANGEMENT |
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207 | | - | ; |
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208 | | - | (B) T |
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209 | | - | HE ACTIVITY CONCERNS A DEBT THAT WAS EXTENDED BY THE |
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210 | | - | PERSON |
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211 | | - | ; |
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212 | | - | (C) T |
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213 | | - | HE ACTIVITY CONCERNS A DEBT THAT WAS NOT IN DEFAULT AT |
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214 | | - | THE TIME IT WAS OBTAINED BY THE PERSON |
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215 | | - | ; OR |
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216 | | - | (D) THE ACTIVITY CONCERNS A DEBT OBTAINED BY THE PERSON AS |
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217 | | - | A SECURED PARTY IN A COMMERCIAL CREDIT TRANSACTION INVOLVING THE |
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218 | | - | CREDITOR |
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219 | | - | ; |
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220 | | - | (VII) A |
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221 | | - | NY PERSON WHOSE PRINCIPAL BUSINESS IS THE MAKING OF |
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222 | | - | LOANS OR THE SERVICING OF DEBT NOT IN DEFAULT AND WHO ACTS AS A |
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223 | | - | LOAN CORRESPONDENT |
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224 | | - | , SELLER AND SERVICER FOR THE OWNER, OR HOLDER |
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225 | | - | OF A DEBT THAT IS SECURED BY A DEED OF TRUST ON REAL PROPERTY |
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226 | | - | WHETHER OR NOT THE DEBT IS ALSO SECURED BY AN INTEREST IN PERSONAL |
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227 | | - | PROPERTY |
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228 | | - | ; |
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229 | | - | (VIII) A |
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230 | | - | LIMITED GAMING OR RACING LICENSEE ACTING PURSUANT |
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231 | | - | TO ARTICLE |
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232 | | - | 33 OF TITLE 44. |
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233 | | - | (c) N |
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234 | | - | OTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)(b) OF |
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235 | | - | PAGE 5-HOUSE BILL 22-1285 THIS SECTION, "COLLECTION AGENCY" INCLUDES ANY PERSON WHO, IN THE |
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236 | | - | PROCESS OF COLLECTING THE PERSON |
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237 | | - | 'S OWN DEBTS, USES ANOTHER NAME |
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238 | | - | THAT WOULD INDICATE THAT A THIRD PERSON IS COLLECTING OR |
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239 | | - | ATTEMPTING TO COLLECT SUCH DEBTS |
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240 | | - | . |
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241 | | - | (3) (a) "C |
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242 | | - | ONSUMER REPORTING AGENCY " MEANS ANY PERSON THAT, |
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243 | | - | FOR MONETARY FEES, DUES, OR ON A COOPERATIVE NONPROFIT BASIS , |
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244 | | - | REGULARLY ENGAGES , IN WHOLE OR IN PART , IN THE PRACTICE OF |
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245 | | - | ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER |
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246 | | - | INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING CONSUMER |
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247 | | - | REPORTS TO THIRD PARTIES |
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248 | | - | . "CONSUMER REPORTING AGENCY " INCLUDES |
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249 | | - | ANY PERSON DEFINED IN |
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250 | | - | 15 U.S.C. SEC. 1681a (f) OR SECTION 5-18-103 (4). |
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251 | | - | (b) "C |
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252 | | - | ONSUMER REPORTING AGENCY " DOES NOT INCLUDE ANY |
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253 | | - | BUSINESS ENTITY THAT PROVIDES CHECK VERIFICATION OR CHECK |
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254 | | - | GUARANTEE SERVICES ONLY |
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255 | | - | . |
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256 | | - | (4) (a) "D |
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257 | | - | EBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION OF |
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258 | | - | A CONSUMER TO PAY MONEY ARISING OUT OF A TRANSACTION |
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259 | | - | , WHETHER OR |
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260 | | - | NOT THE OBLIGATION HAS BEEN REDUCED TO JUDGMENT |
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261 | | - | . |
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262 | | - | (b) "D |
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263 | | - | EBT" DOES NOT INCLUDE A DEBT FOR BUSINESS, INVESTMENT, |
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264 | | - | COMMERCIAL, OR AGRICULTURAL PURPOSES OR A DEBT INCURRED BY A |
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265 | | - | BUSINESS |
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266 | | - | . |
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267 | | - | (5) "D |
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268 | | - | EBT COLLECTOR" MEANS ANY PERSON EMPLOYED OR E NGAGED |
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269 | | - | BY A COLLECTION AGENCY TO PERFORM THE COLLECTION OF DEBTS OWED OR |
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270 | | - | DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER |
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271 | | - | . |
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272 | | - | (6) "F |
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273 | | - | EDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES " OR |
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274 | | - | "CMS" MEANS THE CENTER FOR MEDICARE AND MEDICAID SERVICES IN THE |
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275 | | - | UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES . |
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276 | | - | (7) "H |
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277 | | - | OSPITAL" MEANS, CONSISTENT WITH 45 CFR 180.20, A |
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278 | | - | HOSPITAL |
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279 | | - | : |
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| 166 | + | IRECTLY OR INDIRECTLY CAUSING A REPORT TO BE MADE TO6 |
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| 167 | + | A CONSUMER REPORTING AGENCY .7 |
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| 168 | + | (2) (a) "COLLECTION AGENCY" MEANS ANY:8 |
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| 169 | + | (I) PERSON WHO ENGAGES IN A BUSINESS THE PRINCIPAL PURPOSE9 |
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| 170 | + | OF WHICH IS THE COLLECTION OF DEBTS; OR10 |
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| 171 | + | (II) PERSON WHO:11 |
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| 172 | + | (A) REGULARLY COLLECTS OR ATTEMPTS TO COLLECT, DIRECTLY12 |
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| 173 | + | OR INDIRECTLY, DEBTS OWED OR DUE OR ASSERTED TO BE OWED OR DUE13 |
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| 174 | + | TO ANOTHER;14 |
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| 175 | + | (B) TAKES ASSIGNMENT OF DEBTS FOR COLLECTION PURPOSES; 15 |
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| 176 | + | (C) DIRECTLY OR INDIRECTLY SOLICITS FOR COLLECTION DEBTS16 |
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| 177 | + | OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER ; OR17 |
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| 178 | + | (D) COLLECTS DEBT FOR THE DEPARTMENT OF PERSONNEL .18 |
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| 179 | + | (b) "COLLECTION AGENCY" DOES NOT INCLUDE:19 |
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| 180 | + | (I) ANY OFFICER OR EMPLOYEE OF A CREDITOR WHILE, IN THE20 |
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| 181 | + | NAME OF THE CREDITOR, COLLECTING DEBTS FOR SUCH CREDITOR ;21 |
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| 182 | + | (II) ANY PERSON WHILE ACTING AS A COLLECTION AGENCY FOR22 |
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| 183 | + | ANOTHER PERSON, BOTH OF WHOM ARE RELATED BY COMMON OWNERSHIP23 |
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| 184 | + | OR AFFILIATED BY CORPORATE CONTROL, IF THE PERSON ACTING AS A24 |
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| 185 | + | COLLECTION AGENCY DOES SO ONLY FOR CREDITORS TO WHOM IT IS SO25 |
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| 186 | + | RELATED OR AFFILIATED AND IF THE PRINCIPAL BUSINESS OF THE PERSON26 |
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| 187 | + | IS NOT THE COLLECTION OF DEBTS;27 |
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| 188 | + | 1285 |
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| 189 | + | -5- (III) ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OR ANY1 |
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| 190 | + | STATE TO THE EXTENT THAT COLLECTING OR ATTEMPTING TO COLLECT2 |
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| 191 | + | ANY DEBT IS IN THE PERFORMANCE OF THE OFFICER'S OR EMPLOYEE'S3 |
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| 192 | + | OFFICIAL DUTIES;4 |
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| 193 | + | (IV) ANY PERSON WHILE SERVING OR ATTEMPTING TO SERVE5 |
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| 194 | + | LEGAL PROCESS ON ANY OTHER PERSON IN CONNECTION WITH THE6 |
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| 195 | + | JUDICIAL ENFORCEMENT OF ANY DEBT ;7 |
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| 196 | + | (V) ANY DEBT-MANAGEMENT SERVICES PROVIDER OPERATING IN8 |
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| 197 | + | COMPLIANCE WITH OR EXEMPT FROM THE "UNIFORM DEBT-MANAGEMENT9 |
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| 198 | + | SERVICES ACT", PART 2 OF ARTICLE 19 OF TITLE 5;10 |
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| 199 | + | (VI) ANY PERSON COLLECTING OR ATTEMPTING TO COLLECT ANY11 |
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| 200 | + | DEBT OWED OR DUE OR ASSERTED TO BE OWED OR DUE ANOTHER TO THE12 |
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| 201 | + | EXTENT THAT:13 |
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| 202 | + | (A) THE ACTIVITY IS INCIDENTAL TO A BONA FIDE FIDUCIARY14 |
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| 203 | + | OBLIGATION OR A BONA FIDE ESCROW ARRANGEMENT ;15 |
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| 204 | + | (B) THE ACTIVITY CONCERNS A DEBT THAT WAS EXTENDED BY THE16 |
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| 205 | + | PERSON;17 |
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| 206 | + | (C) THE ACTIVITY CONCERNS A DEBT THAT WAS NOT IN DEFAULT18 |
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| 207 | + | AT THE TIME IT WAS OBTAINED BY THE PERSON ; OR19 |
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| 208 | + | (D) THE ACTIVITY CONCERNS A DEBT OBTAINED BY THE PERSON AS20 |
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| 209 | + | A SECURED PARTY IN A COMMERCIAL CREDIT TRANSACTION INVOLVING21 |
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| 210 | + | THE CREDITOR;22 |
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| 211 | + | (VII) ANY PERSON WHOSE PRINCIPAL BUSINESS IS THE MAKING OF23 |
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| 212 | + | LOANS OR THE SERVICING OF DEBT NOT IN DEFAULT AND WHO ACTS AS A24 |
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| 213 | + | LOAN CORRESPONDENT, SELLER AND SERVICER FOR THE OWNER , OR25 |
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| 214 | + | HOLDER OF A DEBT THAT IS SECURED BY A DEED OF TRUST ON REAL26 |
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| 215 | + | PROPERTY WHETHER OR NOT THE DEBT IS ALSO SECURED BY AN INTEREST27 |
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| 216 | + | 1285 |
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| 217 | + | -6- IN PERSONAL PROPERTY;1 |
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| 218 | + | (VIII) A LIMITED GAMING OR RACING LICENSEE ACTING PURSUANT2 |
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| 219 | + | TO ARTICLE 33 OF TITLE 44.3 |
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| 220 | + | (c) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)(b) OF4 |
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| 221 | + | THIS SECTION, "COLLECTION AGENCY" INCLUDES ANY PERSON WHO, IN THE5 |
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| 222 | + | PROCESS OF COLLECTING THE PERSON'S OWN DEBTS, USES ANOTHER NAME6 |
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| 223 | + | THAT WOULD INDICATE THAT A THIRD PERSON IS COLLECTING OR7 |
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| 224 | + | ATTEMPTING TO COLLECT SUCH DEBTS .8 |
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| 225 | + | (3) (a) "CONSUMER REPORTING AGENCY" MEANS ANY PERSON9 |
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| 226 | + | THAT, FOR MONETARY FEES, DUES, OR ON A COOPERATIVE NONPROFIT10 |
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| 227 | + | BASIS, REGULARLY ENGAGES, IN WHOLE OR IN PART, IN THE PRACTICE OF11 |
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| 228 | + | ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER12 |
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| 229 | + | INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING13 |
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| 230 | + | CONSUMER REPORTS TO THIRD PARTIES. "CONSUMER REPORTING AGENCY"14 |
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| 231 | + | INCLUDES ANY PERSON DEFINED IN 15 U.S.C. sec. 1681a (f) OR SECTION15 |
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| 232 | + | 5-18-103 (4).16 |
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| 233 | + | (b) "CONSUMER REPORTING AGENCY" DOES NOT INCLUDE ANY17 |
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| 234 | + | BUSINESS ENTITY THAT PROVIDES CHECK VERIFICATION OR CHECK18 |
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| 235 | + | GUARANTEE SERVICES ONLY .19 |
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| 236 | + | (4) (a) "DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION20 |
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| 237 | + | OF A CONSUMER TO PAY MONEY ARISING OUT OF A TRANSACTION ,21 |
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| 238 | + | WHETHER OR NOT THE OBLIGATION HAS BEEN REDUCED TO JUDGMENT .22 |
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| 239 | + | (b) "DEBT" DOES NOT INCLUDE A DEBT FOR BUSINESS,23 |
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| 240 | + | INVESTMENT, COMMERCIAL, OR AGRICULTURAL PURPOSES OR A DEBT24 |
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| 241 | + | INCURRED BY A BUSINESS. 25 |
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| 242 | + | (5) "DEBT COLLECTOR" MEANS ANY PERSON EMPLOYED OR26 |
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| 243 | + | ENGAGED BY A COLLECTION AGENCY TO PERFORM THE COLLECTION OF27 |
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| 244 | + | 1285 |
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| 245 | + | -7- DEBTS OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER .1 |
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| 246 | + | (6) "FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES "2 |
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| 247 | + | OR "CMS" MEANS THE CENTER FOR MEDICARE AND MEDICAID SERVICES3 |
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| 248 | + | IN THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES .4 |
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| 249 | + | (7) "HOSPITAL" MEANS, CONSISTENT WITH 45 CFR 180.20, A5 |
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| 250 | + | HOSPITAL:6 |
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281 | | - | ICENSED OR CERTIFIED BY THE DEPARTMENT PURSUANT TO |
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282 | | - | SECTION |
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283 | | - | 25-1.5-103 (1)(a); OR |
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284 | | - | (b) APPROVED BY THE DEPARTMENT AS MEETING THE STANDARDS |
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285 | | - | PAGE 6-HOUSE BILL 22-1285 ESTABLISHED FOR LICENSING A HOSPITAL. |
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286 | | - | (8) "H |
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287 | | - | OSPITAL PRICE TRANSPARENCY LAWS" MEANS SECTION 2718(e) |
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288 | | - | OF THE "PUBLIC HEALTH SERVICE (PHS) ACT", PUB.L. 78-410, AS |
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289 | | - | AMENDED |
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290 | | - | , AND RULES ADOPTED BY THE UNITED STATES DEPARTMENT OF |
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291 | | - | HEALTH AND HUMAN SERVICES IMPLEMENTING SECTION |
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292 | | - | 2718(e). |
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293 | | - | (9) "I |
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294 | | - | TEMS AND SERVICES" OR "ITEMS OR SERVICES" MEANS "ITEMS |
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295 | | - | AND SERVICES |
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296 | | - | " AS DEFINED IN 45 CFR 180.20. |
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297 | | - | 25-3-803. Failure to comply with hospital price transparency |
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298 | | - | laws - prohibiting collection of debt - penalty. (1) (a) E |
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299 | | - | XCEPT AS |
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300 | | - | PROVIDED IN SUBSECTION |
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301 | | - | (1)(b) OF THIS SECTION, ON AND AFTER THE |
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302 | | - | EFFECTIVE DATE OF THIS SECTION |
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303 | | - | , A HOSPITAL THAT IS NOT IN MATERIAL |
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304 | | - | COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON THE DATE |
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305 | | - | THAT ITEMS OR SERVICES ARE PURCHASED FROM OR PROVIDED TO A PATIENT |
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306 | | - | BY THE HOSPITAL SHALL NOT INITIATE OR PURSUE A COLLECTION ACTION |
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307 | | - | AGAINST THE PATIENT OR PATIENT GUARANTOR FOR A DEBT OWED FOR THE |
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308 | | - | ITEMS OR SERVICES |
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309 | | - | . |
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310 | | - | (b) T |
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311 | | - | HIS PART 8 APPLIES, ON AND AFTER FEBRUARY 15, 2023, TO |
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312 | | - | CRITICAL ACCESS HOSPITALS LICENSED AND CERTIFIED BY THE DEPARTMENT |
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313 | | - | PURSUANT TO |
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314 | | - | 42 CFR 485 SUBPART F. |
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315 | | - | (2) I |
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316 | | - | F A PATIENT BELIEVES THAT A HOSPITAL WAS NOT IN MATERIAL |
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317 | | - | COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON A DATE ON OR |
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318 | | - | AFTER THE EFFECTIVE DATE OF THIS SECTION THAT ITEMS OR SERVICES WERE |
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319 | | - | PURCHASED BY OR PROVIDED TO THE PATIENT |
---|
320 | | - | , AND THE HOSPITAL TAKES A |
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321 | | - | COLLECTION ACTION AGAINST THE PATIENT OR PATIENT GUARANTOR |
---|
322 | | - | , THE |
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323 | | - | PATIENT OR PATIENT GUARANTOR MAY FILE SUIT TO D ETERMINE IF THE |
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324 | | - | HOSPITAL WAS MATERIALLY OUT OF COMPLIANCE WITH THE HOSPITAL PRICE |
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325 | | - | TRANSPARENCY LAWS AND RULES AND REGULATIONS ON THE DATE OF |
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326 | | - | SERVICE |
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327 | | - | , AND THE NONCOMPLIANCE IS RELATED TO THE ITEMS OR SERVICES . |
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328 | | - | T |
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329 | | - | HE HOSPITAL SHALL NOT TAKE A COLLECTION ACTION AGAINST THE |
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330 | | - | PATIENT OR PATIENT GUARANTOR WHILE THE LAWSUIT IS PENDING |
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331 | | - | . |
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332 | | - | (3) A |
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333 | | - | HOSPITAL THAT HAS BEEN FOUND BY A JUDGE OR JURY , |
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334 | | - | CONSIDERING COMPLIANCE STANDARDS ISSUED BY THE FEDERAL CENTERS |
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335 | | - | FOR MEDICARE AND MEDICAID SERVICES |
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336 | | - | , TO BE MATERIALLY OUT OF |
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337 | | - | COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS AND RULES AND |
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338 | | - | PAGE 7-HOUSE BILL 22-1285 REGULATIONS: |
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| 252 | + | ICENSED OR CERTIFIED BY THE DEPARTMENT PURSUANT TO7 |
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| 253 | + | SECTION 25-1.5-103 (1)(a); OR8 |
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| 254 | + | (b) A |
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| 255 | + | PPROVED BY THE DEPARTMENT AS MEETING THE STANDARDS9 |
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| 256 | + | ESTABLISHED FOR LICENSING A HOSPITAL.10 |
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| 257 | + | (8) "HOSPITAL PRICE TRANSPARENCY LAWS " MEANS SECTION11 |
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| 258 | + | 2718(e) |
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| 259 | + | OF THE "PUBLIC HEALTH SERVICE (PHS) ACT", PUB.L. 78-410, AS12 |
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| 260 | + | AMENDED, AND RULES ADOPTED BY THE UNITED STATES DEPARTMENT OF13 |
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| 261 | + | HEALTH AND HUMAN SERVICES IMPLEMENTING SECTION 2718 (e).14(9) "ITEMS AND SERVICES" OR "ITEMS OR SERVICES" MEANS "ITEMS15 |
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| 262 | + | AND SERVICES" AS DEFINED IN 45 CFR 180.20.16 |
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| 263 | + | 25-3-803. Failure to comply with hospital price transparency17 |
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| 264 | + | laws - prohibiting collection of debt - penalty. (1) (a) EXCEPT AS18 |
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| 265 | + | PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, ON AND AFTER THE19 |
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| 266 | + | EFFECTIVE DATE OF THIS SECTION, A HOSPITAL THAT IS NOT IN MATERIAL20 |
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| 267 | + | COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON THE DATE21 |
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| 268 | + | THAT ITEMS OR SERVICES ARE PURCHASED FROM OR PROVIDED TO A22 |
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| 269 | + | PATIENT BY THE HOSPITAL SHALL NOT INITIATE OR PURSUE A COLLECTION23 |
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| 270 | + | ACTION AGAINST THE PATIENT OR PATIENT GUARANTOR FOR A DEBT OWED24 |
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| 271 | + | FOR THE ITEMS OR SERVICES.25 |
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| 272 | + | (b) THIS PART 8 APPLIES, ON AND AFTER FEBRUARY 15, 2023, TO26 |
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| 273 | + | CRITICAL ACCESS HOSPITALS LICENSED AND CERTIFIED BY THE27 |
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| 274 | + | 1285 |
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| 275 | + | -8- DEPARTMENT PURSUANT TO 42 CFR 485 SUBPART F.1 |
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| 276 | + | (2) IF A PATIENT BELIEVES THAT A HOSPITAL WAS NOT IN2 |
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| 277 | + | MATERIAL COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON3 |
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| 278 | + | A DATE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION THAT ITEMS4 |
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| 279 | + | OR SERVICES WERE PURCHASED BY OR PROVIDED TO THE PATIENT , AND5 |
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| 280 | + | THE HOSPITAL TAKES A COLLECTION ACTION AGAINST THE PATIENT OR6 |
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| 281 | + | PATIENT GUARANTOR, THE PATIENT OR PATIENT GUARANTOR MAY FILE7 |
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| 282 | + | SUIT TO DETERMINE IF THE HOSPITAL WAS MATERIALLY OUT OF8 |
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| 283 | + | COMPLIANCE WITH THE HOSPITAL PRICE TRANSPARENCY LAWS AND RULES9 |
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| 284 | + | AND REGULATIONS ON THE DATE OF SERVICE, AND THE NONCOMPLIANCE10 |
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| 285 | + | IS RELATED TO THE ITEMS OR SERVICES. THE HOSPITAL SHALL NOT TAKE11 |
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| 286 | + | A COLLECTION ACTION AGAINST THE PATIENT OR PATIENT GUARANTOR12 |
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| 287 | + | WHILE THE LAWSUIT IS PENDING.13 |
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| 288 | + | (3) A HOSPITAL THAT HAS BEEN FOUND BY A JUDGE OR JURY,14 |
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| 289 | + | CONSIDERING COMPLIANCE STANDARDS ISSUED BY THE FEDERAL CENTERS15 |
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| 290 | + | FOR MEDICARE AND MEDICAID SERVICES , TO BE MATERIALLY OUT OF16 |
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| 291 | + | COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS AND RULES AND17 |
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| 292 | + | REGULATIONS:18 |
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357 | | - | ROHIBITS A HOSPITAL FROM BILLING A PATIENT , PATIENT |
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358 | | - | GUARANTOR |
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359 | | - | , OR THIRD-PARTY PAYER, INCLUDING HEALTH INSURER, FOR |
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360 | | - | ITEMS OR SERVICES PROVIDED TO THE PATIENT |
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361 | | - | ; OR |
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362 | | - | (b) REQUIRES A HOSPITAL TO REFUND ANY PAYMENT MADE TO THE |
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363 | | - | HOSPITAL FOR ITEMS OR SERVICES PROVIDED TO THE PATIENT |
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364 | | - | , SO LONG AS |
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365 | | - | NO COLLECTION ACTION IS TAKEN IN VIOLATION OF THIS PART |
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366 | | - | 8. |
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367 | | - | SECTION 2. Act subject to petition - effective date. This act |
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368 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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369 | | - | ninety-day period after final adjournment of the general assembly; except |
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370 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
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371 | | - | of the state constitution against this act or an item, section, or part of this act |
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372 | | - | within such period, then the act, item, section, or part will not take effect |
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373 | | - | unless approved by the people at the general election to be held in |
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374 | | - | PAGE 8-HOUSE BILL 22-1285 November 2022 and, in such case, will take effect on the date of the official |
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375 | | - | declaration of the vote thereon by the governor. |
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376 | | - | ____________________________ ____________________________ |
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377 | | - | Alec Garnett Steve Fenberg |
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378 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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379 | | - | OF REPRESENTATIVES THE SENATE |
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380 | | - | ____________________________ ____________________________ |
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381 | | - | Robin Jones Cindi L. Markwell |
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382 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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383 | | - | OF REPRESENTATIVES THE SENATE |
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384 | | - | APPROVED________________________________________ |
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385 | | - | (Date and Time) |
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386 | | - | _________________________________________ |
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387 | | - | Jared S. Polis |
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388 | | - | GOVERNOR OF THE STATE OF COLORADO |
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389 | | - | PAGE 9-HOUSE BILL 22-1285 |
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| 308 | + | ROHIBITS A HOSPITAL FROM BILLING A PATIENT , PATIENT2 |
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| 309 | + | GUARANTOR, OR THIRD-PARTY PAYER, INCLUDING HEALTH INSURER, FOR3 |
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| 310 | + | ITEMS OR SERVICES PROVIDED TO THE PATIENT ; OR4 |
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| 311 | + | (b) R |
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| 312 | + | EQUIRES A HOSPITAL TO REFUND ANY PAYMENT MADE TO THE5 |
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| 313 | + | HOSPITAL FOR ITEMS OR SERVICES PROVIDED TO THE PATIENT , SO LONG AS6 |
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| 314 | + | NO COLLECTION ACTION IS TAKEN IN VIOLATION OF THIS PART 8.7 |
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| 315 | + | 8 |
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| 316 | + | SECTION 2. Act subject to petition - effective date. This act9 |
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| 317 | + | takes effect at 12:01 a.m. on the day following the expiration of the10 |
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| 318 | + | ninety-day period after final adjournment of the general assembly; except11 |
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| 319 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V12 |
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| 320 | + | of the state constitution against this act or an item, section, or part of this13 |
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| 321 | + | act within such period, then the act, item, section, or part will not take14 |
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| 322 | + | effect unless approved by the people at the general election to be held in15 |
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| 323 | + | November 2022 and, in such case, will take effect on the date of the16 |
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| 324 | + | official declaration of the vote thereon by the governor.17 |
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| 325 | + | 1285 |
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| 326 | + | -10- |
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