Colorado 2022 Regular Session

Colorado House Bill HB1285 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0589.01 Brita Darling x2241
18 HOUSE BILL 22-1285
2-BY REPRESENTATIVE(S) Neville and Esgar, Daugherty, Amabile,
3-Bernett, Bird, Boesenecker, Carver, Duran, Herod, Jodeh, Kennedy, Kipp,
4-Lindsay, Lontine, McCluskie, McCormick, Michaelson Jenet, Ortiz, Pico,
5-Roberts, Sirota, Snyder, Titone, Valdez A., Van Winkle, Weissman,
6-Garnett, Baisley, Exum, Geitner, Luck, Pelton, Sandridge, Valdez D.,
7-Van Beber, Williams, Young;
8-also SENATOR(S) Moreno and Cooke, Bridges, Buckner, Coram,
9-Danielson, Donovan, Fields, Ginal, Gonzales, Hinrichsen, Holbert,
10-Jaquez Lewis, Kolker, Lee, Pettersen, Priola, Rankin, Rodriguez, Scott,
11-Sonnenberg, Story, Winter, Woodward, Zenzinger, Fenberg.
9+House Committees Senate Committees
10+Health & Insurance Health & Human Services
11+A BILL FOR AN ACT
1212 C
13-ONCERNING A PROHIBITION AGAINST A HOSPITAL TAKING CERTAIN DEBT
14-COLLECTION ACTIONS AGAINST A PATIENT IF THE HOSPITAL IS NOT IN
15-COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS
16-.
17-
18-Be it enacted by the General Assembly of the State of Colorado:
19-SECTION 1. In Colorado Revised Statutes, add part 8 to article 3
20-of title 25 as follows:
21-PART 8
22-CONSUMER PROTECTION RELATING TO
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. HOSPITAL PRICE TRANSPARENCY
13+ONCERNING A PROHIBITION AGAINS T A HOSPITAL TAKING CERTAIN101
14+DEBT COLLECTION ACTIONS AGAINST A PATIENT IF THE102
15+HOSPITAL IS NOT IN COMPLI ANCE WITH HOSPITAL PRICE103
16+TRANSPARENCY LAWS .104
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill prohibits a hospital or other person or entity collecting on
25+behalf of the hospital from initiating or pursuing collection actions
26+against a patient or patient guarantor for debt incurred by the patient on
27+SENATE
28+3rd Reading Unamended
29+May 3, 2022
30+SENATE
31+Amended 2nd Reading
32+May 2, 2022
33+HOUSE
34+Amended 3rd Reading
35+April 26, 2022
36+HOUSE
37+Amended 2nd Reading
38+April 22, 2022
39+HOUSE SPONSORSHIP
40+Neville and Esgar, Daugherty, Amabile, Bernett, Bird, Boesenecker, Carver, Duran,
41+Garnett, Herod, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McCormick,
42+Michaelson Jenet, Ortiz, Pico, Roberts, Sirota, Snyder, Titone, Valdez A., Van Winkle,
43+Weissman
44+SENATE SPONSORSHIP
45+Moreno and Cooke, Bridges, Buckner, Coram, Danielson, Donovan, Fenberg, Fields,
46+Ginal, Gonzales, Hinrichsen, Holbert, Jaquez Lewis, Kolker, Lee, Pettersen, Priola, Rankin,
47+Rodriguez, Scott, Sonnenberg, Story, Winter, Woodward, Zenzinger
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
50+Dashes through the words indicate deletions from existing statute. the date or dates of service when the hospital was not in compliance with
51+federal hospital price transparency laws.
52+Nothing in the bill:
53+! Prohibits a hospital from billing a patient or health insurer
54+for items or services provided to the patient; or
55+! Requires a hospital to refund a payment made to the
56+hospital for items or services provided to a patient.
57+A hospital that initiates or pursues a prohibited collection action
58+is subject to a penalty equal to the amount of the debt and must refund
59+any amount paid on the debt and pay attorney fees and costs.
60+The bill makes attempting to collect the debt an unfair practice
61+under the "Colorado Fair Debt Collections Act".
62+The bill authorizes the department of public health and
63+environment, in considering a hospital's license renewal application, to
64+consider whether the hospital is or has been in compliance with federal
65+hospital price transparency laws.
66+Be it enacted by the General Assembly of the State of Colorado:1
67+SECTION 1. In Colorado Revised Statutes, add part 8 to article2
68+3 of title 25 as follows:3
69+PART 84
70+CONSUMER PROTECTION RELATING TO5
71+HOSPITAL PRICE TRANSPARENCY6
3172 25-3-801. Legislative declaration. (1) T
32-HE GENERAL ASSEMBLY
33-FINDS AND DECLARES THAT
34-:
73+HE GENERAL ASSEMBLY7
74+FINDS AND DECLARES THAT:8
3575 (a) S
36-ECTION 1001 OF THE "PATIENT PROTECTION AND AFFORDABLE
37-CARE ACT OF 2010", PUB.L. 111-148, AS AMENDED BY SECTION 10101 OF
38-THE
39-"HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010",
40-P
41-UB.L. 111-152, AMENDED TITLE XXVII OF THE "PUBLIC HEALTH SERVICE
42-ACT", PUB.L. 78-410, IN PART, BY ADDING A NEW SECTION 2718(e),
43-REQUIRING, IN PART, THAT EACH HOSPITAL OPERATING WITHIN THE UNITED
44-STATES ESTABLISH, UPDATE, AND MAKE PUBLIC A LIST OF THE HOSPITAL'S
45-STANDARD CHARGES FOR THE ITEMS AND SERVICES THAT THE HOSPITAL
46-PROVIDES
47-;
76+ECTION 1001 OF THE "PATIENT PROTECTION AND9
77+A
78+FFORDABLE CARE ACT OF 2010", PUB.L. 111-148, AS AMENDED BY10
79+SECTION 10101 OF THE "HEALTH CARE AND EDUCATION RECONCILIATION11
80+A
81+CT OF 2010", PUB.L. 111-152, AMENDED TITLE XXVII OF THE "PUBLIC12
82+H
83+EALTH SERVICE ACT", PUB.L. 78-410, IN PART, BY ADDING A NEW13
84+SECTION 2718(e), REQUIRING, IN PART, THAT EACH HOSPITAL OPERATING14
85+WITHIN THE UNITED STATES ESTABLISH, UPDATE, AND MAKE PUBLIC A LIST15
86+OF THE HOSPITAL'S STANDARD CHARGES FOR THE ITEMS AND SERVICES16
87+1285-2- THAT THE HOSPITAL PROVIDES;1
4888 (b) E
49-FFECTIVE JANUARY 1, 2021, THE FEDERAL CENTERS FOR
50-MEDICARE AND MEDICAID SERVICES PUBLISHED THE FINAL RULE TO
51-IMPLEMENT THE LAW
52-, CODIFIED AT 45 CFR 180;
89+FFECTIVE JANUARY 1, 2021, THE FEDERAL CENTERS FOR2
90+MEDICARE AND MEDICAID SERVICES PUBLISHED THE FINAL RULE TO3
91+IMPLEMENT THE LAW, CODIFIED AT 45 CFR 180;4
5392 (c) I
54-N ITS SUMMARY OF THE FINAL RULE , CMS STATES THAT
55-INFORMATION ON HOSPITAL STANDARD CHARGES IS NECESSARY FOR THE
56-PUBLIC TO
57-"MAKE MORE INFORMED DECISIONS ABOUT THEIR CARE " AND
58-THAT THE
59-"IMPACT OF THESE FINAL POLICIES WILL HELP TO INCREASE
60-MARKET COMPETITION
61-, AND ULTIMATELY DRIVE DOWN THE COST OF HEALTH
62-CARE SERVICES
63-, MAKING THEM MORE AFFORDABLE FOR ALL PATIENTS ";
93+N ITS SUMMARY OF THE FINAL RULE , CMS STATES THAT5
94+INFORMATION ON HOSPITAL STANDARD CHARGES IS NECESSARY FOR THE6
95+PUBLIC TO "MAKE MORE INFORMED DECISIONS ABOUT THEIR CARE " AND7
96+THAT THE "IMPACT OF THESE FINAL POLICIES WILL HELP TO INCREASE8
97+MARKET COMPETITION, AND ULTIMATELY DRIVE DOWN THE COST OF9
98+HEALTH CARE SERVICES, MAKING THEM MORE AFFORDABLE FOR ALL10
99+PATIENTS";11
64100 (d) O
65-N JULY 9, 2021, PRESIDENT BIDEN, BUILDING UPON EFFORTS OF
66-PAST PRESIDENTS
67-, ISSUED THE "EXECUTIVE ORDER ON PROMOTING
68-COMPETITION IN THE AMERICAN ECONOMY", DIRECTING THE SECRETARY OF
69-THE
70-UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES TO
71-SUPPORT NEW AND EXISTING PRICE TRANSPARENCY INITIATIVES FOR
72-HOSPITALS
73-;
101+N JULY 9, 2021, PRESIDENT BIDEN, BUILDING UPON EFFORTS12
102+OF PAST PRESIDENTS, ISSUED THE "EXECUTIVE ORDER ON PROMOTING13
103+C
104+OMPETITION IN THE AMERICAN ECONOMY", DIRECTING THE SECRETARY14
105+OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES15
106+TO SUPPORT NEW AND EXISTING PRICE TRANSPARENCY INITIATIVES FOR16
107+HOSPITALS;17
74108 (e) H
75-EALTH-CARE PRICE TRANSPARENCY IS IN THE BEST INTEREST OF
76-ALL
77-COLORADANS, INCLUDING:
109+EALTH-CARE PRICE TRANSPARENCY IS IN THE BEST INTEREST18
110+OF ALL COLORADANS, INCLUDING:19
78111 (I) T
79-HE STATE GOVERNMENT , WHICH PURCHASES HEALTH -CARE
80-SERVICES FOR ALMOST A QUARTER OF ALL
81-COLORADANS;
112+HE STATE GOVERNMENT , WHICH PURCHASES HEALTH -CARE20
113+SERVICES FOR ALMOST A QUARTER OF ALL COLORADANS;21
82114 (II) C
83-OLORADO BUSINESSES, WHICH FUND EMPLOYEE MEDICAL
84-PAGE 2-HOUSE BILL 22-1285 EXPENSES; AND
85-(III) COLORADO RESIDENTS, WHO ULTIMATELY BEAR THE BRUNT OF
86-HIGH HEALTH
87--CARE COSTS IN THE FORM OF HIGHER TAXES , LOWER WAGES,
88-AND RESIDENTS' OWN OUT-OF-POCKET SPENDING;
115+OLORADO BUSINESSES, WHICH FUND EMPLOYEE MEDICAL22
116+EXPENSES; AND23
117+(III) C
118+OLORADO RESIDENTS, WHO ULTIMATELY BEAR THE BRUNT24
119+OF HIGH HEALTH-CARE COSTS IN THE FORM OF HIGHER TAXES , LOWER25
120+WAGES, AND RESIDENTS' OWN OUT-OF-POCKET SPENDING;26
89121 (f) M
90-OREOVER, HEALTH-CARE PRICES IN COLORADO ARE AMONG THE
91-HIGHEST IN THE NATION
92-;
122+OREOVER, HEALTH-CARE PRICES IN COLORADO ARE AMONG27
123+1285
124+-3- THE HIGHEST IN THE NATION;1
93125 (g) H
94-OWEVER, NOT ALL COLORADO HOSPITALS ARE IN COMPLIANCE
95-WITH ALL OF THE DISCLOSURE REQUIREMENTS UNDER FEDERAL LAW AND
96-OTHER STATE LAWS GOVERNING HEALTH
97--CARE PRICE TRANSPARENCY; AND
98-(h) THIS LACK OF COMPLIANCE WITH HEALTH -CARE PRICE
99-TRANSPARENCY LAWS BY
100-COLORADO HOSPITALS DECREASES THE
101-LIKELIHOOD THAT
102-COLORADO CONSUMERS WILL BE FULLY AWARE OF
103-AFFORDABLE HEALTH
104--CARE OPTIONS BEFORE PURCHASING ITEMS AND
105-SERVICES FROM HOSPITALS
106-, PLACING HEALTH-CARE CONSUMERS AT
107-GREATER RISK OF COLLECTION ACTIONS AND OTHER ADVERSE ACTIONS
108-RELATING TO UNPAID MEDICAL BILLS
109-.
126+OWEVER, NOT ALL COLORADO HOSPITALS ARE IN2
127+COMPLIANCE WITH ALL OF THE DISCLOSURE REQUIREMENTS UNDER3
128+FEDERAL LAW AND OTHER STATE LAWS GOVERNING HEALTH -CARE PRICE4
129+TRANSPARENCY; AND5
130+(h) T
131+HIS LACK OF COMPLIANCE WITH HEALTH -CARE PRICE6
132+TRANSPARENCY LAWS BY COLORADO HOSPITALS DECREASES THE7
133+LIKELIHOOD THAT COLORADO CONSUMERS WILL BE FULLY AWARE OF8
134+AFFORDABLE HEALTH-CARE OPTIONS BEFORE PURCHASING ITEMS AND9
135+SERVICES FROM HOSPITALS , PLACING HEALTH-CARE CONSUMERS AT10
136+GREATER RISK OF COLLECTION ACTIONS AND OTHER ADVERSE ACTIONS11
137+RELATING TO UNPAID MEDICAL BILLS.12
110138 (2) T
111-HEREFORE, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT
112-IT IS IMPERATIVE TO PROTECT
113-COLORADO HEALTH-CARE CONSUMERS FROM
114-COLLECTION ACTIONS AND OTHER ADVERSE ACTIONS TAKEN BY
115-COLORADO
116-HOSPITALS DURING THE TIME WHEN THE HOSPITAL WAS NOT IN MATERIAL
117-COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS INTENDED TO
118-PROTECT HEALTH
119--CARE CONSUMERS.
139+HEREFORE, THE GENERAL ASSEMBLY FINDS AND DECLARES13
140+THAT IT IS IMPERATIVE TO PROTECT COLORADO HEALTH-CARE CONSUMERS14
141+FROM COLLECTION ACTIONS AND OTHER ADVERSE ACTIONS TAKEN BY15
142+C
143+OLORADO HOSPITALS DURING THE TIME WHEN THE HOSPITAL WAS NOT IN16
144+MATERIAL COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS17
145+INTENDED TO PROTECT HEALTH -CARE CONSUMERS.18
120146 25-3-802. Definitions. A
121-S USED IN THIS SECTION, UNLESS THE
122-CONTEXT OTHERWISE REQUIRES
123-:
147+S USED IN THIS SECTION, UNLESS THE19
148+CONTEXT OTHERWISE REQUIRES :20
124149 (1) "C
125-OLLECTION ACTION" MEANS ANY OF THE FOLLOWING ACTIONS
126-TAKEN WITH RESPECT TO A DEBT FOR ITEMS AND SERVICES THAT WERE
127-PURCHASED FROM OR PROVIDED TO A PATIENT BY A HOSPITAL ON A DATE
128-DURING WHICH THE HOSPITAL WAS NOT IN MATERIAL COMPLIANCE WITH
129-HOSPITAL PRICE TRANSPARENCY LAWS
130-:
150+OLLECTION ACTION" MEANS ANY OF THE FOLLOWING21
151+ACTIONS TAKEN WITH RESPECT TO A DEBT FOR ITEMS AND SERVICES THAT22
152+WERE PURCHASED FROM OR PROVIDED TO A PATIENT BY A HOSPITAL ON A23
153+DATE DURING WHICH THE HOSPITAL WAS NOT IN
154+MATERIAL COMPLIANCE24
155+WITH HOSPITAL PRICE TRANSPARENCY LAWS :25
131156 (a) A
132-TTEMPTING TO COLLECT A DEBT FROM A PATIENT OR PATIENT
133-GUARANTOR BY REFERRING THE DEBT
134-, DIRECTLY OR INDIRECTLY, TO A DEBT
135-COLLECTOR
136-, A COLLECTION AGENCY, OR OTHER THIRD PARTY RETAINED BY
137-PAGE 3-HOUSE BILL 22-1285 OR ON BEHALF OF THE HOSPITAL;
157+TTEMPTING TO COLLECT A DEBT FROM A PATIENT OR PATIENT26 GUARANTOR BY REFERRING THE DEBT, DIRECTLY OR INDIRECTLY, TO A27
158+1285
159+-4- DEBT COLLECTOR, A COLLECTION AGENCY , OR OTHER THIRD PARTY1
160+RETAINED BY OR ON BEHALF OF THE HOSPITAL ;2
138161 (b) S
139-UING THE PATIENT OR PATIENT GUARANTOR , OR ENFORCING AN
140-ARBITRATION OR MEDIATION CLAUSE IN ANY HOSPITAL DOCUMENTS
141-INCLUDING CONTRACTS
142-, AGREEMENTS, STATEMENTS, OR BILLS; OR
143-(c) DIRECTLY OR INDIRECTLY CAUSING A REPORT TO BE MADE TO A
144-CONSUMER REPORTING AGENCY
145-.
146-(2) (a) "C
147-OLLECTION AGENCY" MEANS ANY:
148-(I) P
149-ERSON WHO ENGAGES IN A BUSINESS THE PRINCIPAL PURPOSE OF
150-WHICH IS THE COLLECTION OF DEBTS
151-; OR
152-(II) PERSON WHO:
153-(A) R
154-EGULARLY COLLECTS OR ATTEMPTS TO COLLECT , DIRECTLY OR
155-INDIRECTLY
156-, DEBTS OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO
157-ANOTHER
158-;
159-(B) T
160-AKES ASSIGNMENT OF DEBTS FOR COLLECTION PURPOSES ;
162+UING THE PATIENT OR PATIENT GUARANTOR , OR ENFORCING3
163+AN ARBITRATION OR MEDIATION CLAUSE IN ANY HOSPITAL DOCUMENTS4
164+INCLUDING CONTRACTS, AGREEMENTS, STATEMENTS, OR BILLS; OR5
161165 (c) D
162-IRECTLY OR INDIRECTLY SOLICITS FOR COLLECTION DEBTS
163-OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER
164-; OR
165-(D) COLLECTS DEBT FOR THE DEPARTMENT OF PERSONNEL .
166-(b) "C
167-OLLECTION AGENCY" DOES NOT INCLUDE:
168-(I) A
169-NY OFFICER OR EMPLOYEE OF A CREDITOR WHILE , IN THE NAME
170-OF THE CREDITOR
171-, COLLECTING DEBTS FOR SUCH CREDITOR ;
172-(II) A
173-NY PERSON WHILE ACTING AS A COLLECTION AGENCY FOR
174-ANOTHER PERSON
175-, BOTH OF WHOM ARE RELATED BY COMMON OWNERSHIP
176-OR AFFILIATED BY CORPORATE CONTROL
177-, IF THE PERSON ACTING AS A
178-COLLECTION AGENCY DOES SO ONLY FOR CREDITORS TO WHOM IT IS SO
179-RELATED OR AFFILIATED AND IF THE PRINCIPAL BUSINESS OF THE PERSON IS
180-NOT THE COLLECTION OF DEBTS
181-;
182-(III) A
183-NY OFFICER OR EMPLOYEE OF THE UNITED STATES OR ANY
184-PAGE 4-HOUSE BILL 22-1285 STATE TO THE EXTENT THAT COLLECTING OR ATTEMPTING TO COLLECT ANY
185-DEBT IS IN THE PERFORMANCE OF THE OFFICER
186-'S OR EMPLOYEE'S OFFICIAL
187-DUTIES
188-;
189-(IV) A
190-NY PERSON WHILE SERVING OR ATTEMPTING TO SERVE LEGAL
191-PROCESS ON ANY OTHER PERSON IN CONNECTION WITH THE JUDICIAL
192-ENFORCEMENT OF ANY DEBT
193-;
194-(V) A
195-NY DEBT-MANAGEMENT SERVICES PROVIDER OPERATING IN
196-COMPLIANCE WITH OR EXEMPT FROM THE
197-"UNIFORM DEBT-MANAGEMENT
198-SERVICES ACT", PART 2 OF ARTICLE 19 OF TITLE 5;
199-(VI) A
200-NY PERSON COLLECTING OR ATTEMPTING TO COLLECT ANY
201-DEBT OWED OR DUE OR ASSERTED TO BE OWED OR DUE ANOTHER TO THE
202-EXTENT THAT
203-:
204-(A) T
205-HE ACTIVITY IS INCIDENTAL TO A BONA FIDE FIDUCIARY
206-OBLIGATION OR A BONA FIDE ESCROW ARRANGEMENT
207-;
208-(B) T
209-HE ACTIVITY CONCERNS A DEBT THAT WAS EXTENDED BY THE
210-PERSON
211-;
212-(C) T
213-HE ACTIVITY CONCERNS A DEBT THAT WAS NOT IN DEFAULT AT
214-THE TIME IT WAS OBTAINED BY THE PERSON
215-; OR
216-(D) THE ACTIVITY CONCERNS A DEBT OBTAINED BY THE PERSON AS
217-A SECURED PARTY IN A COMMERCIAL CREDIT TRANSACTION INVOLVING THE
218-CREDITOR
219-;
220-(VII) A
221-NY PERSON WHOSE PRINCIPAL BUSINESS IS THE MAKING OF
222-LOANS OR THE SERVICING OF DEBT NOT IN DEFAULT AND WHO ACTS AS A
223-LOAN CORRESPONDENT
224-, SELLER AND SERVICER FOR THE OWNER, OR HOLDER
225-OF A DEBT THAT IS SECURED BY A DEED OF TRUST ON REAL PROPERTY
226-WHETHER OR NOT THE DEBT IS ALSO SECURED BY AN INTEREST IN PERSONAL
227-PROPERTY
228-;
229-(VIII) A
230- LIMITED GAMING OR RACING LICENSEE ACTING PURSUANT
231-TO ARTICLE
232-33 OF TITLE 44.
233-(c) N
234-OTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)(b) OF
235-PAGE 5-HOUSE BILL 22-1285 THIS SECTION, "COLLECTION AGENCY" INCLUDES ANY PERSON WHO, IN THE
236-PROCESS OF COLLECTING THE PERSON
237-'S OWN DEBTS, USES ANOTHER NAME
238-THAT WOULD INDICATE THAT A THIRD PERSON IS COLLECTING OR
239-ATTEMPTING TO COLLECT SUCH DEBTS
240-.
241-(3) (a) "C
242-ONSUMER REPORTING AGENCY " MEANS ANY PERSON THAT,
243-FOR MONETARY FEES, DUES, OR ON A COOPERATIVE NONPROFIT BASIS ,
244-REGULARLY ENGAGES , IN WHOLE OR IN PART , IN THE PRACTICE OF
245-ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER
246-INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING CONSUMER
247-REPORTS TO THIRD PARTIES
248-. "CONSUMER REPORTING AGENCY " INCLUDES
249-ANY PERSON DEFINED IN
250-15 U.S.C. SEC. 1681a (f) OR SECTION 5-18-103 (4).
251-(b) "C
252-ONSUMER REPORTING AGENCY " DOES NOT INCLUDE ANY
253-BUSINESS ENTITY THAT PROVIDES CHECK VERIFICATION OR CHECK
254-GUARANTEE SERVICES ONLY
255-.
256-(4) (a) "D
257-EBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION OF
258-A CONSUMER TO PAY MONEY ARISING OUT OF A TRANSACTION
259-, WHETHER OR
260-NOT THE OBLIGATION HAS BEEN REDUCED TO JUDGMENT
261-.
262-(b) "D
263-EBT" DOES NOT INCLUDE A DEBT FOR BUSINESS, INVESTMENT,
264-COMMERCIAL, OR AGRICULTURAL PURPOSES OR A DEBT INCURRED BY A
265-BUSINESS
266-.
267-(5) "D
268-EBT COLLECTOR" MEANS ANY PERSON EMPLOYED OR E NGAGED
269-BY A COLLECTION AGENCY TO PERFORM THE COLLECTION OF DEBTS OWED OR
270-DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER
271-.
272-(6) "F
273-EDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES " OR
274-"CMS" MEANS THE CENTER FOR MEDICARE AND MEDICAID SERVICES IN THE
275-UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES .
276-(7) "H
277-OSPITAL" MEANS, CONSISTENT WITH 45 CFR 180.20, A
278-HOSPITAL
279-:
166+IRECTLY OR INDIRECTLY CAUSING A REPORT TO BE MADE TO6
167+A CONSUMER REPORTING AGENCY .7
168+(2) (a) "COLLECTION AGENCY" MEANS ANY:8
169+(I) PERSON WHO ENGAGES IN A BUSINESS THE PRINCIPAL PURPOSE9
170+OF WHICH IS THE COLLECTION OF DEBTS; OR10
171+(II) PERSON WHO:11
172+(A) REGULARLY COLLECTS OR ATTEMPTS TO COLLECT, DIRECTLY12
173+OR INDIRECTLY, DEBTS OWED OR DUE OR ASSERTED TO BE OWED OR DUE13
174+TO ANOTHER;14
175+(B) TAKES ASSIGNMENT OF DEBTS FOR COLLECTION PURPOSES; 15
176+(C) DIRECTLY OR INDIRECTLY SOLICITS FOR COLLECTION DEBTS16
177+OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER ; OR17
178+(D) COLLECTS DEBT FOR THE DEPARTMENT OF PERSONNEL .18
179+(b) "COLLECTION AGENCY" DOES NOT INCLUDE:19
180+(I) ANY OFFICER OR EMPLOYEE OF A CREDITOR WHILE, IN THE20
181+NAME OF THE CREDITOR, COLLECTING DEBTS FOR SUCH CREDITOR ;21
182+(II) ANY PERSON WHILE ACTING AS A COLLECTION AGENCY FOR22
183+ANOTHER PERSON, BOTH OF WHOM ARE RELATED BY COMMON OWNERSHIP23
184+OR AFFILIATED BY CORPORATE CONTROL, IF THE PERSON ACTING AS A24
185+COLLECTION AGENCY DOES SO ONLY FOR CREDITORS TO WHOM IT IS SO25
186+RELATED OR AFFILIATED AND IF THE PRINCIPAL BUSINESS OF THE PERSON26
187+IS NOT THE COLLECTION OF DEBTS;27
188+1285
189+-5- (III) ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OR ANY1
190+STATE TO THE EXTENT THAT COLLECTING OR ATTEMPTING TO COLLECT2
191+ANY DEBT IS IN THE PERFORMANCE OF THE OFFICER'S OR EMPLOYEE'S3
192+OFFICIAL DUTIES;4
193+(IV) ANY PERSON WHILE SERVING OR ATTEMPTING TO SERVE5
194+LEGAL PROCESS ON ANY OTHER PERSON IN CONNECTION WITH THE6
195+JUDICIAL ENFORCEMENT OF ANY DEBT ;7
196+(V) ANY DEBT-MANAGEMENT SERVICES PROVIDER OPERATING IN8
197+COMPLIANCE WITH OR EXEMPT FROM THE "UNIFORM DEBT-MANAGEMENT9
198+SERVICES ACT", PART 2 OF ARTICLE 19 OF TITLE 5;10
199+(VI) ANY PERSON COLLECTING OR ATTEMPTING TO COLLECT ANY11
200+DEBT OWED OR DUE OR ASSERTED TO BE OWED OR DUE ANOTHER TO THE12
201+EXTENT THAT:13
202+(A) THE ACTIVITY IS INCIDENTAL TO A BONA FIDE FIDUCIARY14
203+OBLIGATION OR A BONA FIDE ESCROW ARRANGEMENT ;15
204+(B) THE ACTIVITY CONCERNS A DEBT THAT WAS EXTENDED BY THE16
205+PERSON;17
206+(C) THE ACTIVITY CONCERNS A DEBT THAT WAS NOT IN DEFAULT18
207+AT THE TIME IT WAS OBTAINED BY THE PERSON ; OR19
208+(D) THE ACTIVITY CONCERNS A DEBT OBTAINED BY THE PERSON AS20
209+A SECURED PARTY IN A COMMERCIAL CREDIT TRANSACTION INVOLVING21
210+THE CREDITOR;22
211+(VII) ANY PERSON WHOSE PRINCIPAL BUSINESS IS THE MAKING OF23
212+LOANS OR THE SERVICING OF DEBT NOT IN DEFAULT AND WHO ACTS AS A24
213+LOAN CORRESPONDENT, SELLER AND SERVICER FOR THE OWNER , OR25
214+HOLDER OF A DEBT THAT IS SECURED BY A DEED OF TRUST ON REAL26
215+PROPERTY WHETHER OR NOT THE DEBT IS ALSO SECURED BY AN INTEREST27
216+1285
217+-6- IN PERSONAL PROPERTY;1
218+(VIII) A LIMITED GAMING OR RACING LICENSEE ACTING PURSUANT2
219+TO ARTICLE 33 OF TITLE 44.3
220+(c) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)(b) OF4
221+THIS SECTION, "COLLECTION AGENCY" INCLUDES ANY PERSON WHO, IN THE5
222+PROCESS OF COLLECTING THE PERSON'S OWN DEBTS, USES ANOTHER NAME6
223+THAT WOULD INDICATE THAT A THIRD PERSON IS COLLECTING OR7
224+ATTEMPTING TO COLLECT SUCH DEBTS .8
225+(3) (a) "CONSUMER REPORTING AGENCY" MEANS ANY PERSON9
226+THAT, FOR MONETARY FEES, DUES, OR ON A COOPERATIVE NONPROFIT10
227+BASIS, REGULARLY ENGAGES, IN WHOLE OR IN PART, IN THE PRACTICE OF11
228+ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER12
229+INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING13
230+CONSUMER REPORTS TO THIRD PARTIES. "CONSUMER REPORTING AGENCY"14
231+INCLUDES ANY PERSON DEFINED IN 15 U.S.C. sec. 1681a (f) OR SECTION15
232+5-18-103 (4).16
233+(b) "CONSUMER REPORTING AGENCY" DOES NOT INCLUDE ANY17
234+BUSINESS ENTITY THAT PROVIDES CHECK VERIFICATION OR CHECK18
235+GUARANTEE SERVICES ONLY .19
236+(4) (a) "DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION20
237+OF A CONSUMER TO PAY MONEY ARISING OUT OF A TRANSACTION ,21
238+WHETHER OR NOT THE OBLIGATION HAS BEEN REDUCED TO JUDGMENT .22
239+(b) "DEBT" DOES NOT INCLUDE A DEBT FOR BUSINESS,23
240+INVESTMENT, COMMERCIAL, OR AGRICULTURAL PURPOSES OR A DEBT24
241+INCURRED BY A BUSINESS. 25
242+(5) "DEBT COLLECTOR" MEANS ANY PERSON EMPLOYED OR26
243+ENGAGED BY A COLLECTION AGENCY TO PERFORM THE COLLECTION OF27
244+1285
245+-7- DEBTS OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER .1
246+(6) "FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES "2
247+OR "CMS" MEANS THE CENTER FOR MEDICARE AND MEDICAID SERVICES3
248+IN THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES .4
249+(7) "HOSPITAL" MEANS, CONSISTENT WITH 45 CFR 180.20, A5
250+HOSPITAL:6
280251 (a) L
281-ICENSED OR CERTIFIED BY THE DEPARTMENT PURSUANT TO
282-SECTION
283-25-1.5-103 (1)(a); OR
284-(b) APPROVED BY THE DEPARTMENT AS MEETING THE STANDARDS
285-PAGE 6-HOUSE BILL 22-1285 ESTABLISHED FOR LICENSING A HOSPITAL.
286-(8) "H
287-OSPITAL PRICE TRANSPARENCY LAWS" MEANS SECTION 2718(e)
288-OF THE "PUBLIC HEALTH SERVICE (PHS) ACT", PUB.L. 78-410, AS
289-AMENDED
290-, AND RULES ADOPTED BY THE UNITED STATES DEPARTMENT OF
291-HEALTH AND HUMAN SERVICES IMPLEMENTING SECTION
292- 2718(e).
293-(9) "I
294-TEMS AND SERVICES" OR "ITEMS OR SERVICES" MEANS "ITEMS
295-AND SERVICES
296-" AS DEFINED IN 45 CFR 180.20.
297-25-3-803. Failure to comply with hospital price transparency
298-laws - prohibiting collection of debt - penalty. (1) (a) E
299-XCEPT AS
300-PROVIDED IN SUBSECTION
301- (1)(b) OF THIS SECTION, ON AND AFTER THE
302-EFFECTIVE DATE OF THIS SECTION
303-, A HOSPITAL THAT IS NOT IN MATERIAL
304-COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON THE DATE
305-THAT ITEMS OR SERVICES ARE PURCHASED FROM OR PROVIDED TO A PATIENT
306-BY THE HOSPITAL SHALL NOT INITIATE OR PURSUE A COLLECTION ACTION
307-AGAINST THE PATIENT OR PATIENT GUARANTOR FOR A DEBT OWED FOR THE
308-ITEMS OR SERVICES
309-.
310-(b) T
311-HIS PART 8 APPLIES, ON AND AFTER FEBRUARY 15, 2023, TO
312-CRITICAL ACCESS HOSPITALS LICENSED AND CERTIFIED BY THE DEPARTMENT
313-PURSUANT TO
314-42 CFR 485 SUBPART F.
315-(2) I
316-F A PATIENT BELIEVES THAT A HOSPITAL WAS NOT IN MATERIAL
317-COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON A DATE ON OR
318-AFTER THE EFFECTIVE DATE OF THIS SECTION THAT ITEMS OR SERVICES WERE
319-PURCHASED BY OR PROVIDED TO THE PATIENT
320-, AND THE HOSPITAL TAKES A
321-COLLECTION ACTION AGAINST THE PATIENT OR PATIENT GUARANTOR
322-, THE
323-PATIENT OR PATIENT GUARANTOR MAY FILE SUIT TO D ETERMINE IF THE
324-HOSPITAL WAS MATERIALLY OUT OF COMPLIANCE WITH THE HOSPITAL PRICE
325-TRANSPARENCY LAWS AND RULES AND REGULATIONS ON THE DATE OF
326-SERVICE
327-, AND THE NONCOMPLIANCE IS RELATED TO THE ITEMS OR SERVICES .
328-T
329-HE HOSPITAL SHALL NOT TAKE A COLLECTION ACTION AGAINST THE
330-PATIENT OR PATIENT GUARANTOR WHILE THE LAWSUIT IS PENDING
331-.
332-(3) A
333- HOSPITAL THAT HAS BEEN FOUND BY A JUDGE OR JURY ,
334-CONSIDERING COMPLIANCE STANDARDS ISSUED BY THE FEDERAL CENTERS
335-FOR MEDICARE AND MEDICAID SERVICES
336-, TO BE MATERIALLY OUT OF
337-COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS AND RULES AND
338-PAGE 7-HOUSE BILL 22-1285 REGULATIONS:
252+ICENSED OR CERTIFIED BY THE DEPARTMENT PURSUANT TO7
253+SECTION 25-1.5-103 (1)(a); OR8
254+(b) A
255+PPROVED BY THE DEPARTMENT AS MEETING THE STANDARDS9
256+ESTABLISHED FOR LICENSING A HOSPITAL.10
257+(8) "HOSPITAL PRICE TRANSPARENCY LAWS " MEANS SECTION11
258+2718(e)
259+OF THE "PUBLIC HEALTH SERVICE (PHS) ACT", PUB.L. 78-410, AS12
260+AMENDED, AND RULES ADOPTED BY THE UNITED STATES DEPARTMENT OF13
261+HEALTH AND HUMAN SERVICES IMPLEMENTING SECTION 2718 (e).14(9) "ITEMS AND SERVICES" OR "ITEMS OR SERVICES" MEANS "ITEMS15
262+AND SERVICES" AS DEFINED IN 45 CFR 180.20.16
263+25-3-803. Failure to comply with hospital price transparency17
264+laws - prohibiting collection of debt - penalty. (1) (a) EXCEPT AS18
265+PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, ON AND AFTER THE19
266+EFFECTIVE DATE OF THIS SECTION, A HOSPITAL THAT IS NOT IN MATERIAL20
267+COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON THE DATE21
268+THAT ITEMS OR SERVICES ARE PURCHASED FROM OR PROVIDED TO A22
269+PATIENT BY THE HOSPITAL SHALL NOT INITIATE OR PURSUE A COLLECTION23
270+ACTION AGAINST THE PATIENT OR PATIENT GUARANTOR FOR A DEBT OWED24
271+FOR THE ITEMS OR SERVICES.25
272+(b) THIS PART 8 APPLIES, ON AND AFTER FEBRUARY 15, 2023, TO26
273+CRITICAL ACCESS HOSPITALS LICENSED AND CERTIFIED BY THE27
274+1285
275+-8- DEPARTMENT PURSUANT TO 42 CFR 485 SUBPART F.1
276+(2) IF A PATIENT BELIEVES THAT A HOSPITAL WAS NOT IN2
277+MATERIAL COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS ON3
278+A DATE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION THAT ITEMS4
279+OR SERVICES WERE PURCHASED BY OR PROVIDED TO THE PATIENT , AND5
280+THE HOSPITAL TAKES A COLLECTION ACTION AGAINST THE PATIENT OR6
281+PATIENT GUARANTOR, THE PATIENT OR PATIENT GUARANTOR MAY FILE7
282+SUIT TO DETERMINE IF THE HOSPITAL WAS MATERIALLY OUT OF8
283+COMPLIANCE WITH THE HOSPITAL PRICE TRANSPARENCY LAWS AND RULES9
284+AND REGULATIONS ON THE DATE OF SERVICE, AND THE NONCOMPLIANCE10
285+IS RELATED TO THE ITEMS OR SERVICES. THE HOSPITAL SHALL NOT TAKE11
286+A COLLECTION ACTION AGAINST THE PATIENT OR PATIENT GUARANTOR12
287+WHILE THE LAWSUIT IS PENDING.13
288+(3) A HOSPITAL THAT HAS BEEN FOUND BY A JUDGE OR JURY,14
289+CONSIDERING COMPLIANCE STANDARDS ISSUED BY THE FEDERAL CENTERS15
290+FOR MEDICARE AND MEDICAID SERVICES , TO BE MATERIALLY OUT OF16
291+COMPLIANCE WITH HOSPITAL PRICE TRANSPARENCY LAWS AND RULES AND17
292+REGULATIONS:18
339293 (a) S
340-HALL REFUND THE PAYER ANY AMOUNT OF THE DEBT THE PAYER
341-HAS PAID AND SHALL PAY A PENALTY TO THE PATIENT OR PATIENT
342-GUARANTOR IN AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF THE DEBT
343-;
294+HALL REFUND THE PAYER ANY AM OUNT OF THE DEBT THE19
295+PAYER HAS PAID AND SHALL PAY A PENALTY TO THE PATIENT OR PATIENT20
296+GUARANTOR IN AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF THE DEBT ;21
344297 (b) S
345-HALL DISMISS OR CAUSE TO BE DISMISSED ANY COURT ACTION
346-WITH PREJUDICE AND PAY ANY ATTORNEY FEES AND COSTS INCURRED BY
347-THE PATIENT OR PATIENT GUARANTOR RELATING TO THE ACTION
348-; AND
349-(c) REMOVE OR CAUSE TO BE REMOVED FROM THE PATIENT 'S OR
350-PATIENT GUARANTOR
351-'S CREDIT REPORT ANY REPORT MADE TO A CONSUMER
352-REPORTING AGENCY RELATING TO THE DEBT
353-.
354-(4) N
355-OTHING IN THIS PART 8:
298+HALL DISMISS OR CAUSE TO BE DISMISSED ANY COURT ACTION22
299+WITH PREJUDICE AND PAY ANY ATTORNEY FEES AND COSTS INCURRED BY23
300+THE PATIENT OR PATIENT GUARANTOR RELATING TO THE ACTION ; AND24
301+(c) R
302+EMOVE OR CAUSE TO BE REMOVED FROM THE PATIENT 'S OR25
303+PATIENT GUARANTOR 'S CREDIT REPORT ANY REPORT MADE TO A26
304+CONSUMER REPORTING AGENCY RELATING TO THE DEBT .27
305+1285
306+-9- (4) NOTHING IN THIS PART 8:1
356307 (a) P
357-ROHIBITS A HOSPITAL FROM BILLING A PATIENT , PATIENT
358-GUARANTOR
359-, OR THIRD-PARTY PAYER, INCLUDING HEALTH INSURER, FOR
360-ITEMS OR SERVICES PROVIDED TO THE PATIENT
361-; OR
362-(b) REQUIRES A HOSPITAL TO REFUND ANY PAYMENT MADE TO THE
363-HOSPITAL FOR ITEMS OR SERVICES PROVIDED TO THE PATIENT
364-, SO LONG AS
365-NO COLLECTION ACTION IS TAKEN IN VIOLATION OF THIS PART
366-8.
367-SECTION 2. Act subject to petition - effective date. This act
368-takes effect at 12:01 a.m. on the day following the expiration of the
369-ninety-day period after final adjournment of the general assembly; except
370-that, if a referendum petition is filed pursuant to section 1 (3) of article V
371-of the state constitution against this act or an item, section, or part of this act
372-within such period, then the act, item, section, or part will not take effect
373-unless approved by the people at the general election to be held in
374-PAGE 8-HOUSE BILL 22-1285 November 2022 and, in such case, will take effect on the date of the official
375-declaration of the vote thereon by the governor.
376-____________________________ ____________________________
377-Alec Garnett Steve Fenberg
378-SPEAKER OF THE HOUSE PRESIDENT OF
379-OF REPRESENTATIVES THE SENATE
380-____________________________ ____________________________
381-Robin Jones Cindi L. Markwell
382-CHIEF CLERK OF THE HOUSE SECRETARY OF
383-OF REPRESENTATIVES THE SENATE
384- APPROVED________________________________________
385- (Date and Time)
386- _________________________________________
387- Jared S. Polis
388- GOVERNOR OF THE STATE OF COLORADO
389-PAGE 9-HOUSE BILL 22-1285
308+ROHIBITS A HOSPITAL FROM BILLING A PATIENT , PATIENT2
309+GUARANTOR, OR THIRD-PARTY PAYER, INCLUDING HEALTH INSURER, FOR3
310+ITEMS OR SERVICES PROVIDED TO THE PATIENT ; OR4
311+(b) R
312+EQUIRES A HOSPITAL TO REFUND ANY PAYMENT MADE TO THE5
313+HOSPITAL FOR ITEMS OR SERVICES PROVIDED TO THE PATIENT , SO LONG AS6
314+NO COLLECTION ACTION IS TAKEN IN VIOLATION OF THIS PART 8.7
315+ 8
316+SECTION 2. Act subject to petition - effective date. This act9
317+takes effect at 12:01 a.m. on the day following the expiration of the10
318+ninety-day period after final adjournment of the general assembly; except11
319+that, if a referendum petition is filed pursuant to section 1 (3) of article V12
320+of the state constitution against this act or an item, section, or part of this13
321+act within such period, then the act, item, section, or part will not take14
322+effect unless approved by the people at the general election to be held in15
323+November 2022 and, in such case, will take effect on the date of the16
324+official declaration of the vote thereon by the governor.17
325+1285
326+-10-