Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-1197.01 Michael Dohr x4347
HOUSE BILL 24-1472
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MATTERS RELATED TO CERTAIN TORT ACTIONS , AND, IN101
CONNECTION THEREWITH , INCREASING THE CAP ON102
NONECONOMIC DAMAGES , ALLOWING SIBLINGS TO BRING A103
WRONGFUL DEATH ACTION IN CERTAIN CIRCUMSTANCES ,104
INCREASING A WRONGFUL DEATH DAMAGES CAP , INCREASING105
THE MEDICAL MALPRACTICE WRONGFUL DEATH DAMAGES CAP ,106
AND INCREASING THE MEDICAL MALPRACTICE NONECONOMIC107
DAMAGES CAP.108
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
HOUSE
Amended 3rd Reading
May 6, 2024
HOUSE
Amended 2nd Reading
May 5, 2024
HOUSE SPONSORSHIP
Brown and Pugliese, Daugherty, Amabile, Bacon, Duran, Epps, Froelich, Herod, Kipp,
Lieder, Lindsay, Lindstedt, Mabrey, McCluskie, McCormick, Parenti, Ricks, Rutinel, Snyder,
Soper, Valdez, Vigil, Weissman
SENATE SPONSORSHIP
Mullica and Gardner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. http://leg.colorado.gov.)
For civil actions filed on or after January 1, 2025, the bill increases
the cap on damages for noneconomic loss or injury from $250,000 to $1.5
million, and starting January 1, 2028, and every 2 years thereafter, adjusts
the damages cap based on inflation.
Current law specifies who may sue for wrongful death. The bill
adds a sibling of the deceased as a party who may bring a wrongful death
action in certain circumstances.
The bill imposes a wrongful death damages cap of $2.125 million,
and starting January 1, 2028, and every 2 years thereafter, adjusts the
damages cap based on inflation.
Beginning January 1, 2025, the bill incrementally increases the
medical malpractice wrongful death damages limitation to $1.575 million
over the course of 5 years. Thereafter, the cap is adjusted biennially for
inflation.
Existing law limits the amount recoverable for noneconomic
damages in medical malpractice actions to $300,000. Beginning January
1, 2025, the bill incrementally increases the noneconomic damages
limitation to $875,000 over the course of 5 years. Thereafter, the cap is
adjusted biennially for inflation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. The general assembly2
finds and declares that updating the monetary limitations on damages for3
direct or derivative noneconomic loss or injury serves the purpose and4
intent of the "Health Care Availability Act", the "Wrongful Death Act",5
and the statutory limitations on damages for noneconomic loss or injury6
in civil actions.7
SECTION 2. In Colorado Revised Statutes, 13-21-102.5, amend8
(3)(a), (3)(b), (3)(c)(I), and (3)(c)(III) introductory portion; repeal9
(3)(c)(II); and add (2)(a.5) and (3)(c)(III.5) as follows:10
13-21-102.5. Limitations on damages for noneconomic loss or11
injury - definitions. (2) As used in this section:12
(a.5) "I
NFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN13
1472-2- THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR1
STATISTICS CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD2
FOR ALL ITEMS PAID BY ALL URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.3
(3) (a) (I) In any civil action
FILED BEFORE JANUARY 1, 2025, other4
than
medical malpractice actions, ANY CIVIL ACTION OR BINDING5
ARBITRATION FOR DAMAGES IN TORT BROUGHT AGAINST A HEALTH -CARE6
PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE7
INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), in which damages8
for noneconomic loss or injury may be awarded, the total of such9
damages shall not exceed the sum of two hundred fifty thousand dollars10
unless the court finds justification by clear and convincing evidence11
therefor. In no case shall the amount of noneconomic loss or injury12
damages
IN AN ACTION FILED BEFORE JANUARY 1, 2025, exceed five13
hundred thousand dollars.14
(II) I
N ANY CIVIL ACTION FILED ON OR AFTER JANUARY 1, 2025,15
AND BEFORE JANUARY 1, 2026, OR ANY CLAIM FOR RELIEF THAT ACCRUES16
ON OR AFTER JANUARY 1,
2025, OTHER THAN ANY CIVIL ACTION OR17
BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT AGAINST A18
HEALTH-CARE PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR19
A HEALTH-CARE INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), 20
OR WRONGFUL DEATH ACTION , IN WHICH DAMAGES FOR DERIVATIVE OR21
DIRECT NONECONOMIC LOSS OR INJURY MAY BE AWARDED , THE TOTAL22
AMOUNT OF SUCH DAMAGES THAT MAY BE AWARDED MUST NOT EXCEED23
THE SUM OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS .24
(III) The damages for noneconomic loss or injury in a medical25
malpractice action, ANY CIVIL ACTION OR BINDING ARBITRATION FOR26
DAMAGES IN TORT BROUGHT AGAINST A HEALTH -CARE PROFESSIONAL, AS27
1472
-3- DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE INSTITUTION, AS1
DEFINED IN SECTION 13-64-202 (3), shall not exceed the limitations on2
noneconomic loss or injury specified in BE GOVERNED BY section3
13-64-302.4
(IV) T
HE DAMAGES FOR NONECONOMIC LOSS OR INJURY IN A5
WRONGFUL DEATH ACTION SHALL BE GOVERNED BY SECTION 13-21-203.6
(b) In any civil action, no damages for derivative noneconomic7
loss or injury may be awarded unless the court finds justification by clear8
and convincing evidence therefor. In no case shall the amount of such
9
damages exceed two hundred fifty thousand dollars.10
(c) (I) (A) The limitations on damages set forth in subsections11
(3)(a) and (3)(b) SUBSECTION (3)(a)(I) of this section must be adjusted for12
inflation as of January 1, 1998, January 1, 2008, January 1, 2020, and13
each ON January 1 every two years thereafter UNTIL JANUARY 1, 2024.14
The adjustments made on January 1, 1998, January 1, 2008, January 1,15
2020, and each ON January 1 every two years thereafter UNTIL JANUARY16
1,
2024, must be based on the cumulative annual adjustment for inflation17
for each year since the effective date of the damages limitations in18
subsections (3)(a) and (3)(b)
SUBSECTION (3)(a)(I) of this section.19
(B) T
HE LIMITATIONS ON DAMAGES SET FORTH IN SUBSECTION20
(3)(a)(II)
OF THIS SECTION MUST BE ADJUSTED FOR INFLATION ON21
J
ANUARY 1, 2028, AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER .22
T
HE ADJUSTMENTS MADE ON JANUARY 1, 2028, AND ON JANUARY 1 EVERY23
TWO YEARS THEREAFTER MUST BE BASED ON THE CUMULATIVE ANNUAL24
ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE THE EFFECTIVE DATE25
OF THE DAMAGES LIMITATIONS IN SUBSECTION (3)(a)(II) OF THIS SECTION.26
(C) The
INFLATION adjustments made pursuant to this subsection27
1472
-4- (3)(c)(I) must be rounded upward or downward to the nearest ten-dollar1
increment.2
(II) As used in this paragraph (c), "inflation" means the annual3
percentage change in the United States department of labor, bureau of4
labor statistics, consumer price index for Denver-Boulder, all items, all5
urban consumers, or its successor index.6
(III) The secretary of state shall certify the adjusted limitation on7
damages within fourteen days after the appropriate information is8
available, and,
FOR PURPOSES OF THE LIMITATION ON DAMAGES SPECIFIED9
IN SUBSECTIONS (3)(a)(I) AND (3)(b) OF THIS SECTION:10
(III.5) F
OR PURPOSES OF THE LIMITATION ON DAMAGES SPECIFIED11
IN SUBSECTION (3)(a)(II) OF THIS SECTION, THE SECRETARY OF STATE12
SHALL CERTIFY THE ADJUSTED LIMITATION ON DAMAGES WITHIN13
FOURTEEN DAYS AFTER THE APPROPRIATE INFORMATION IS AVAILABLE .14
T
HE ADJUSTED LIMITATION ON DAMAGES AS OF JANUARY 1, 2028, AND AS15
OF EACH JANUARY 1 EVERY TWO YEARS THEREAFTER , IS APPLICABLE TO16
ALL CLAIMS FOR RELIEF THAT ACCRUE ON OR AFTER THE SPECIFIED17
J
ANUARY 1 AND BEFORE THE JANUARY 1 TWO YEARS THEREAFTER.18
SECTION 3. In Colorado Revised Statutes, 13-21-201, amend19
(1)(a)(III), (1)(a)(IV), (1)(b)(I)(C), and (1)(b)(I)(D); and add (1)(a)(V)20
and (1)(b)(I)(E) as follows:21
13-21-201. Damages for death. (1) When any person dies from22
any injury resulting from or occasioned by the negligence, unskillfulness,23
or criminal intent of any officer, agent, servant, or employee while24
running, conducting, or managing any locomotive, car, or train of cars, or25
of any driver of any coach or other conveyance operated for the purpose26
of carrying either freight or passengers for hire while in charge of the27
1472
-5- same as a driver, and when any passenger dies from an injury resulting1
from or occasioned by any defect or insufficiency in any railroad or any2
part thereof, or in any locomotive or car, or other conveyance operated for3
the purpose of carrying either freight or passengers for hire, the4
corporation or individuals in whose employ any such officer, agent,5
servant, employee, master, pilot, engineer, or driver is at the time such6
injury is committed, or who owns any such railroad, locomotive, car, or7
other conveyance operated for the purpose of carrying either freight or8
passengers for hire at the time any such injury is received, and resulting9
from or occasioned by the defect or insufficiency above described shall10
forfeit and pay for every person and passenger so injured the sum of not11
exceeding ten thousand dollars and not less than three thousand dollars,12
which may be sued for and recovered:13
(a) In the first year after such death:14
(III) Upon the written election of the spouse, by the heir or heirs15
of the deceased; or16
(IV) If there is no spouse, by the heir or heirs of the deceased or17
the designated beneficiary, if there is one designated pursuant to article18
22 of title 15, C.R.S., with the right to bring an action pursuant to this19
section, and if there is no designated beneficiary, by the heir or heirs of20
the deceased;
OR21
(V) I
F, AT THE TIME OF DEATH, THERE IS NO SPOUSE, NO HEIR OR22
HEIRS, AND NO DESIGNATED BENEFICIARY , OR, IF THE DECEASED WAS AN23
UNMARRIED MINOR WITHOUT DESCENDANTS OR AN UNMARRIED ADULT24
WITHOUT DESCENDANTS , AND THERE IS NO MOTHER AND NO FATHER OF25
THE DECEASED, THEN BY THE SIBLING OR SIBLINGS OF THE DECEASED OR26
THE HEIR OR HEIRS OF THE SIBLING OR SIBLINGS OF THE DECEASED .27
1472
-6- (b) (I) In the second year after such death:1
(C) By the spouse and the heir or heirs of the deceased; or2
(D) By the designated beneficiary of the deceased, if there is one3
designated pursuant to article 22 of title 15, C.R.S., with the right to bring4
an action pursuant to this section, and the heir or heirs of the deceased;
OR5
(E) B
Y THE SIBLING OR SIBLINGS OF THE DECEASED OR THE HEIR OR6
HEIRS OF THE SIBLING OR SIBLINGS OF THE DECEASED, BUT ONLY IF, AT THE7
TIME OF DEATH, THE DECEASED HAD NO SURVIVING SPOUSE , NO HEIR OR8
HEIRS, AND NO DESIGNATED BENEFICIARY , OR, IF THE DECEASED WAS AN9
UNMARRIED MINOR WITHOUT DESCENDANTS OR AN UNMARRIED ADULT10
WITHOUT DESCENDANTS , AND HAD NO MOTHER AND NO FATHER .11
SECTION 4. In Colorado Revised Statutes, 13-21-203, amend12
(1) as follows:13
13-21-203. Limitation on damages. (1) (a) All damages14
accruing under section 13-21-202 shall be sued for and recovered by the15
same parties and in the same manner as provided in section 13-21-201,16
and in every such action the jury may give such damages as they may17
deem fair and just, with reference to the necessary injury resulting from18
such death, including damages for noneconomic loss or injury as defined19
in section 13-21-102.5 and subject to the limitations of this section and20
including within noneconomic loss or injury damages for grief, loss of21
companionship, pain and suffering, and emotional stress, to the surviving22
parties who may be entitled to sue; and also having regard to the23
mitigating or aggravating circumstances attending any such wrongful act,24
neglect, or default; except that, if the decedent left neither a widow, a25
widower, minor children, nor a dependent father or mother, the damages26
recoverable in any such action shall not exceed the limitations for
27
1472
-7- noneconomic loss or injury set forth in section 13-21-102.5 THE SUM OF1
TWO MILLION ONE HUNDRED TWENTY -FIVE THOUSAND DOLLARS IN ANY2
WRONGFUL DEATH ACTION OR BINDING ARBITRATION FILED ON OR AFTER3
JANUARY 1, 2025, AND BEFORE JANUARY 1, 2026, OR ANY WRONGFUL4
DEATH CLAIM THAT ACCRUES ON OR AFTER JANUARY 1, 2025, IN WHICH5
DAMAGES FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR INJURY6
MAY BE AWARDED, unless the wrongful act, neglect, or default causing7
death constitutes a felonious killing, as defined in section 15-11-8038
(1)(b), C.R.S., and as determined in the manner described in section9
15-11-803 (7), C.R.S., in which case there shall be no limitation on the10
damages for noneconomic loss or injury recoverable in such action. No11
action shall be brought and no recovery shall be had under both section12
13-21-201 and section 13-21-202, and in all cases the plaintiff is required13
to elect under which section he or she will proceed. There shall be only14
one civil action under this part 2 for recovery of damages for the15
wrongful death of any one decedent. Notwithstanding anything in this16
section or in section 13-21-102.5 to the contrary, there shall be no17
recovery under this part 2 for noneconomic loss or injury in excess of two18
hundred fifty thousand dollars TWO MILLION ONE HUNDRED TWENTY -FIVE19
THOUSAND DOLLARS IN ANY WRONGFUL DEATH ACTION OR BINDING20
ARBITRATION FILED ON OR AFTER JANUARY 1, 2025, AND BEFORE21
JANUARY 1, 2026, OR ANY WRONGFUL DEATH CLAIM THAT ACCRUES ON OR22
AFTER JANUARY 1, 2025, IN WHICH DAMAGES FOR DERIVATIVE OR DIRECT23
NONECONOMIC LOSS OR INJURY MAY BE AWARDED, unless the wrongful24
act, neglect, or default causing death constitutes a felonious killing, as25
defined in section 15-11-803 (1)(b), C.R.S., and as determined in the26
manner described in section 15-11-803 (7). C.R.S. DAMAGES ARISING27
1472
-8- FROM CLAIMS BROUGHT AGAINST A PUBLIC ENTITY OR PUBLIC EMPLOYEE,1
AS DEFINED IN SECTION 24-10-103, SHALL BE CONTROLLED BY THE2
DAMAGE LIMITATIONS SET FORTH IN SECTION 24-10-114.3
(b) The damages recoverable for noneconomic loss or injury in4
any medical malpractice action shall not exceed the limitations on5
noneconomic loss or injury set forth in section 13-64-302.6
N
OTWITHSTANDING THE LIMITATION SET FORTH IN SUBSECTION (1)(a) OF7
THIS SECTION OR IN SECTION 13-64-302 (1):8
(I) E
FFECTIVE JANUARY 1, 2025, THE TOTAL AMOUNT9
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR10
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY11
CIVIL ACTION
OR BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT12
AGAINST A HEALTH -CARE PROFESSIONAL, AS DEFINED IN SECTION13
13-64-202
(4), OR A HEALTH-CARE INSTITUTION, AS DEFINED IN SECTION14
13-64-202
(3),
BASED ON A CLAIM OF WRONGFUL DEATH OF A PATIENT15
SHALL NOT EXCEED FIVE HUNDRED FIFTY -FIVE THOUSAND DOLLARS ,16
WHICH AMOUNT APPLIES TO ACTS OR OMISSIONS OCCURRING ON OR AFTER17
J
ANUARY 1, 2025, BUT BEFORE JANUARY 1, 2026.18
(II) E
FFECTIVE JANUARY 1, 2026, THE TOTAL AMOUNT19
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR20
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY21
CIVIL ACTION
OR BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT22
AGAINST A HEALTH -CARE PROFESSIONAL, AS DEFINED IN SECTION23
13-64-202
(4), OR A HEALTH-CARE INSTITUTION, AS DEFINED IN SECTION24
13-64-202
(3),
BASED ON A CLAIM OF WRONGFUL DEATH OF A PATIENT25
SHALL NOT EXCEED EIGHT HUNDRED TEN THOUSAND DOLLARS , WHICH26
AMOUNT APPLIES TO ACTS OR OMISSIONS OCCURRING ON OR AFTER27
1472
-9- JANUARY 1, 2026, BUT BEFORE JANUARY 1, 2027.1
(III) E
FFECTIVE JANUARY 1, 2027, THE TOTAL AMOUNT2
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR3
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY4
CIVIL ACTION
OR BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT5
AGAINST A HEALTH -CARE PROFESSIONAL, AS DEFINED IN SECTION6
13-64-202
(4), OR A HEALTH-CARE INSTITUTION, AS DEFINED IN SECTION7
13-64-202
(3),
BASED ON A CLAIM OF WRONGFUL DEATH OF A PATIENT8
SHALL NOT EXCEED ONE MILLION SIXTY-FIVE THOUSAND DOLLARS, WHICH9
AMOUNT APPLIES TO ACTS OR OMISSIONS OCCURRING ON OR AFTER10
J
ANUARY 1, 2027, BUT BEFORE JANUARY 1, 2028.11
(IV) E
FFECTIVE JANUARY 1, 2028, THE TOTAL AMOUNT12
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR13
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY14
CIVIL ACTION
OR BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT15
AGAINST A HEALTH -CARE PROFESSIONAL, AS DEFINED IN SECTION16
13-64-202
(4), OR A HEALTH-CARE INSTITUTION, AS DEFINED IN SECTION17
13-64-202
(3),
BASED ON A CLAIM OF WRONGFUL DEATH OF A PATIENT18
SHALL NOT EXCEED ONE MILLION THREE HUNDRED TWENTY THOUSAND19
DOLLARS, WHICH AMOUNT APPLIES TO ACTS OR OMISSIONS OCCURRING ON20
OR AFTER JANUARY 1, 2028, BUT BEFORE JANUARY 1, 2029.21
(V) E
FFECTIVE JANUARY 1, 2029, THE TOTAL AMOUNT22
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR23
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY24
CIVIL ACTION
OR BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT25
AGAINST A HEALTH -CARE PROFESSIONAL, AS DEFINED IN SECTION26
13-64-202
(4), OR A HEALTH-CARE INSTITUTION, AS DEFINED IN SECTION27
1472
-10- 13-64-202 (3), BASED ON A CLAIM OF WRONGFUL DEATH OF A PATIENT1
SHALL NOT EXCEED ONE MILLION FIVE HUNDRED SEVENTY -FIVE THOUSAND2
DOLLARS, WHICH AMOUNT APPLIES TO ACTS OR OMISSIONS OCCURRING ON3
OR AFTER JANUARY 1, 2029, BUT BEFORE JANUARY 1, 2030.4
(VI) E
FFECTIVE JANUARY 1, 2030, THE LIMITATION ON DAMAGES5
SPECIFIED IN SUBSECTION (1)(b)(V) OF THIS SECTION SHALL BE ADJUSTED6
IN ACCORDANCE WITH SECTION 13-21-203.7 (4).7 (VII) THE LIMITATIONS OF SUBSECTION (1)(b)(I) OF THIS SECTION8
ARE NOT APPLICABLE TO A HEALTH-CARE PROFESSIONAL WHO IS A PUBLIC9
EMPLOYEE UNDER THE "COLORADO GOVERNMENTAL IMMUNITY ACT"10
AND ARE NOT APPLICABLE TO A CERTIFIED HEALTH -CARE INSTITUTION11
THAT IS A PUBLIC ENTITY UNDER THE "COLORADO GOVERNMENTAL12
IMMUNITY ACT".13
SECTION 5. In Colorado Revised Statutes, 13-21-203.7, amend14
(1) and (2); and add (1.5) and (4) as follows:15
13-21-203.7. Adjustments of dollar limitations for effects of16
inflation - definition. (1) The limitations on noneconomic damages set17
forth in section 13-21-203 (1)(a) and the amount of the solatium set forth18
in section 13-21-203.5 must be adjusted for inflation as of January 1,19
1998, January 1, 2008, January 1, 2020, and each January 1 every two20
years thereafter
UNTIL JANUARY 1, 2024. The adjustments made on21
January 1, 1998, January 1, 2008, January 1, 2020, and each January 122
every two years thereafter must be based on the cumulative annual23
adjustment for inflation for each year since the effective date of the24
damages limitations in sections 13-21-203 (1)(a) and 13-21-203.5. The25
adjustments made pursuant to this subsection (1) must be rounded upward26
or downward to the nearest ten-dollar increment.27
1472
-11- (1.5) AFTER JANUARY 1, 2024, THE LIMITATIONS ON DAMAGES SET1
FORTH IN SECTION 13-21-203 (1)(a) MUST BE ADJUSTED FOR INFLATION2
J
ANUARY 1, 2028, AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER .3
T
HE ADJUSTMENTS MADE ON JANUARY 1, 2028, AND ON JANUARY 1 EVERY4
TWO YEARS THEREAFTER MUST BE BASED ON THE CUMULATIVE ANNUAL5
ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE THE EFFECTIVE DATE6
OF THE DAMAGES LIMITATIONS IN SECTION 13-21-203 (1)(a). THE7
ADJUSTMENTS MADE PURSUANT TO THIS SUBSECTION (1.5) MUST BE8
ROUNDED UPWARD OR DOWNWARD TO THE NEAREST TEN -DOLLAR9
INCREMENT.10
(2) As used in this section, "inflation" means the annual
11
percentage change in the United States department of labor, bureau of12
labor statistics, consumer price index for Denver-Boulder, all items, all13
urban consumers, or its successor index MEANS THE ANNUAL PERCENTAGE14
CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF15
LABOR STATISTICS CONSUMER PRICE INDEX FOR16
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL URBAN17
CONSUMERS, OR ITS SUCCESSOR INDEX.18
(4) (a) E
FFECTIVE JANUARY 1, 2030, THE DAMAGES LIMITATION19
SPECIFIED IN SECTION 13-21-203 (1)(b)(V) MUST BE ADJUSTED FOR20
INFLATION ON JANUARY 1, 2030, AND ON JANUARY 1 EVERY TWO YEARS21
THEREAFTER. THE ADJUSTMENTS MADE ON JANUARY 1, 2030, AND ON22
J
ANUARY 1 EVERY TWO YEARS THEREAFTER MUST BE BASED ON THE23
CUMULATIVE ANNUAL ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE24
THE EFFECTIVE DATE OF THE DAMAGES LIMITATION SPECIFIED IN SECTION25
13-21-203 (1)(b)(V). T
HE ADJUSTMENTS MADE PURSUANT TO THIS26
SUBSECTION (4) MUST BE ROUNDED UPWARD OR DOWNWARD TO THE27
1472
-12- NEAREST TEN-DOLLAR INCREMENT.1
(b) T
HE SECRETARY OF STATE SHALL CERTIFY THE ADJUSTED2
LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER THE3
APPROPRIATE INFORMATION IS AVAILABLE AND SHALL PUBLISH THE4
ADJUSTED AMOUNT ON THE SECRETARY OF STATE 'S WEBSITE.5
(c) T
HE ADJUSTED LIMITATION ON DAMAGES AS OF JANUARY 1,6
2030,
AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER IS APPLICABLE7
TO ALL CLAIMS FOR RELIEF THAT ACCRUE ON AND AFTER THE SPECIFIED8
J
ANUARY 1 AND BEFORE THE JANUARY 1 TWO YEARS THEREAFTER.9
SECTION 6. In Colorado Revised Statutes, 13-64-302, amend10
(1)(b) and (1)(c) as follows:11
13-64-302. Limitation of liability - interest on damages -12
definition. (1) (b) The total amount recoverable for all damages for a13
course of care for all defendants in any civil action for damages in tort14
brought against a health-care professional, as defined in section15
13-64-202, or a health-care institution, as defined in section 13-64-202,16
or as a result of binding arbitration, whether past damages, future17
damages, or a combination of both, shall not exceed
THE GREATER OF one18
million dollars, present value per patient,
OR ONE HUNDRED TWENTY-FIVE19
PERCENT OF THE NONECONOMIC DAMAGES LIMITATIONS SET FORTH IN20
SECTION 13-21-203 (1)(b) IN EFFECT AT THE TIME THE ACTS OR OMISSIONS21
OCCURRED, PRESENT VALUE PER PATIENT , including any claim for22
derivative noneconomic loss or injury, of which not more than two23
hundred fifty thousand dollars, present value per patient, including any24
derivative claim, shall be attributable to direct or derivative noneconomic25
loss or injury; except that, if, upon good cause shown, the court26
determines that the present value of past and future economic damages27
1472
-13- would exceed such limitation and that the application of such limitation1
would be unfair, the court may award in excess of the limitation the2
present value of additional past and future economic damages only. The3
limitations of this section are not applicable to a health-care professional4
who is a public employee under the "Colorado Governmental Immunity5
Act" and are not applicable to a certified health-care institution which is6
a public entity under the "Colorado Governmental Immunity Act". For7
purposes of this section, "present value" has the same meaning as that set8
forth in section 13-64-202 (7). The existence of the limitations and9
exceptions thereto provided in this section shall not be disclosed to a jury.10
(c) (I) (A) Effective July 1, 2003, the damages limitation of two11
hundred fifty thousand dollars described in paragraph (b) of this12
subsection (1) SUBSECTION (1)(b) OF THIS SECTION shall be increased to13
three hundred thousand dollars, which increased amount shall apply to14
acts or omissions occurring on or after said date. It is the intent of the15
general assembly that the increase reflect an adjustment for inflation to16
the damages limitation.17
(B) E
FFECTIVE JANUARY 1, 2025,IN AN ACTION FILED ON OR AFTER18
THAT DATE THAT ACCRUED ON OR AFTER JANUARY 1, 2024, BUT BEFORE19
J
ANUARY 1, 2026, THE DAMAGES LIMITATION OF THREE HUNDRED20
THOUSAND DOLLARS DESCRIBED IN SUBSECTION (I)(c)(I)(A) OF THIS21
SECTION FOR DIRECT OR DERIVATIVE NONECONOMIC LOSS OR INJURY IS22
INCREASED TO FOUR HUNDRED FIFTEEN THOUSAND DOLLARS .23
(C) E
FFECTIVE JANUARY 1, 2026, THE DAMAGES LIMITATION OF24
FOUR HUNDRED FIFTEEN THOUSAND DOLLARS DESCRIBED IN SUBSECTION25
(1)(c)(I)(B)
OF THIS SECTION IS INCREASED TO FIVE HUNDRED THIRTY26
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR27
1472
-14- OMISSIONS OCCURRING ON OR AFTER JANUARY 1, 2026, BUT BEFORE1
J
ANUARY 1, 2027.2
(D) E
FFECTIVE JANUARY 1, 2027, THE DAMAGES LIMITATION OF3
FIVE HUNDRED THIRTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION4
(1)(c)(I)(C)
OF THIS SECTION IS INCREASED TO SIX HUNDRED FORTY -FIVE5
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR6
OMISSIONS OCCURRING ON OR AFTER JANUARY 1, 2027, BUT BEFORE7
J
ANUARY 1, 2028.8
(E) E
FFECTIVE JANUARY 1, 2028, THE DAMAGES LIMITATION OF SIX9
HUNDRED FORTY-FIVE THOUSAND DOLLARS DESCRIBED IN SUBSECTION10
(1)(c)(I)(D)
OF THIS SECTION IS INCREASED TO SEVEN HUNDRED SIXTY11
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR12
OMISSIONS OCCURRING ON OR AFTER JANUARY 1, 2028, BUT BEFORE13
J
ANUARY 1, 2029.14
(F) E
FFECTIVE JANUARY 1, 2029, THE DAMAGES LIMITATION OF15
SEVEN HUNDRED SIXTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION16
(1)(c)(I)(E)
OF THIS SECTION IS INCREASED TO EIGHT HUNDRED17
SEVENTY-FIVE THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES18
TO ACTS OR OMISSIONS OCCURRING ON OR AFTER JANUARY 1, 2029, BUT19
BEFORE JANUARY 1, 2030.20
(G) E
FFECTIVE JANUARY 1, 2030, THE DAMAGES LIMITATIONS IN21
SUBSECTION (1)(c)(I)(F) OF THIS SECTION MUST BE ADJUSTED FOR22
INFLATION AS OF JANUARY 1, 2030, AND ON JANUARY 1 EVERY TWO YEARS23
THEREAFTER. THE ADJUSTMENTS MADE ON JANUARY 1, 2030, AND ON24
J
ANUARY 1 EVERY TWO YEARS THEREAFTER MUST BE BASED ON THE25
CUMULATIVE ANNUAL ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE26
THE EFFECTIVE DATE OF THE DAMAGES LIMITATION SPECIFIED IN27
1472
-15- SUBSECTION (1)(c)(I)(F) OF THIS SECTION. THE ADJUSTMENTS MADE1
PURSUANT TO THIS SUBSECTION (1)(c)(I)(G) MUST BE ROUNDED UPWARD2
OR DOWNWARD TO THE NEAREST TEN -DOLLAR INCREMENT. AS USED IN3
THIS SUBSECTION (1)(c), "INFLATION" MEANS THE ANNUAL PERCENTAGE4
CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF5
LABOR STATISTICS CONSUMER PRICE INDEX FOR6
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL URBAN7
CONSUMERS, OR ITS SUCCESSOR INDEX.8
(II) T
HE SECRETARY OF STATE SHALL CERTIFY THE ADJUSTED9
LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER THE10
APPROPRIATE INFORMATION IS AVAILABLE AND SHALL PUBLISH THE11
ADJUSTED AMOUNT ON THE SECRETARY OF STATE 'S WEBSITE.12
(III) T
HE ADJUSTED LIMITATION ON DAMAGES AS OF JANUARY 1,13
2030,
AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER IS APPLICABLE14
TO ACTS OR OMISSIONS OCCURRING ON AND AFTER THE SPECIFIED15
J
ANUARY 1 AND BEFORE THE JANUARY 1 TWO YEARS THEREAFTER.16
SECTION 7. Effective date. This act takes effect January 1,17
2025.18
SECTION 8. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
1472
-16-