HOUSE BILL 24-1472
BY REPRESENTATIVE(S) Brown and Pugliese, Daugherty, Amabile,
Bacon, Duran, Epps, Froelich, Herod, Kipp, Lieder, Lindsay, Lindstedt,
Mabrey, McCormick, Parenti, Ricks, Rutinel, Snyder, Soper, Valdez, Vigil,
Weissman, McCluskie;
also SENATOR(S) Mullica and Gardner, Exum, Kirkmeyer, Kolker,
Lundeen, Priola.
C
ONCERNING MATTERS RELATED TO CERTAIN TORT ACTIONS , AND, IN
CONNECTION THEREWITH
, INCREASING THE CAP ON NONECONOMIC
DAMAGES
, ALLOWING SIBLINGS TO BRING A WRONGFUL DEATH
ACTION IN CERTAIN CIRCUMSTANCES
, INCREASING A WRONGFUL
DEATH DAMAGES CAP
, INCREASING THE MEDICAL MALPRACTICE
WRONGFUL DEATH DAMAGES CAP
, AND INCREASING THE MEDICAL
MALPRACTICE NONECONOMIC DAMAGES CAP
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly finds
and declares that updating the monetary limitations on damages for direct
or derivative noneconomic loss or injury serves the purpose and intent of
the "Health Care Availability Act", the "Wrongful Death Act", and the
statutory limitations on damages for noneconomic loss or injury in civil
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. actions.
SECTION 2. In Colorado Revised Statutes, 13-21-102.5, amend
(3)(a), (3)(b), (3)(c)(I), and (3)(c)(III) introductory portion; repeal
(3)(c)(II); and add (2)(a.5) and (3)(c)(III.5) as follows:
13-21-102.5. Limitations on damages for noneconomic loss or
injury - definitions. (2) As used in this section:
(a.5) "I
NFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE
UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX FOR
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS
PAID BY ALL URBAN CONSUMERS
, OR ITS SUCCESSOR INDEX.
(3) (a) (I) In any civil action
FILED BEFORE JANUARY 1, 2025, other
than medical malpractice actions,
ANY CIVIL ACTION OR BINDING
ARBITRATION FOR DAMAGES IN TORT BROUGHT AGAINST A HEALTH
-CARE
PROFESSIONAL
, AS DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE
INSTITUTION
, AS DEFINED IN SECTION 13-64-202 (3), in which damages for
noneconomic loss or injury may be awarded, the total of such damages shall
not exceed the sum of two hundred fifty thousand dollars unless the court
finds justification by clear and convincing evidence therefor. In no case
shall the amount of noneconomic loss or injury damages
IN AN ACTION
FILED BEFORE
JANUARY 1, 2025, exceed five hundred thousand dollars.
(II) I
N ANY CIVIL ACTION FILED ON OR AFTER JANUARY 1, 2025, AND
BEFORE
JANUARY 1, 2026, OR ANY CLAIM FOR RELIEF THAT ACCRUES ON OR
AFTER
JANUARY 1, 2025, OTHER THAN ANY CIVIL ACTION OR BINDING
ARBITRATION FOR DAMAGES IN TORT BROUGHT AGAINST A HEALTH
-CARE
PROFESSIONAL
, AS DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE
INSTITUTION
, AS DEFINED IN SECTION 13-64-202 (3), OR WRONGFUL DEATH
ACTION
, IN WHICH DAMAGES FOR DERIVATIVE OR DIRECT NONECONOMIC
LOSS OR INJURY MAY BE AWARDED
, THE TOTAL AMOUNT OF SUCH DAMAGES
THAT MAY BE AWARDED MUST NOT EXCEED THE SUM OF ONE MILLION FIVE
HUNDRED THOUSAND DOLLARS
.
(III) The damages for noneconomic loss or injury in a medical
malpractice action, ANY CIVIL ACTION OR BINDING ARBITRATION FOR
DAMAGES IN TORT BROUGHT AGAINST A HEALTH
-CARE PROFESSIONAL, AS
DEFINED IN SECTION
13-64-202 (4), OR A HEALTH-CARE INSTITUTION, AS
PAGE 2-HOUSE BILL 24-1472 DEFINED IN SECTION 13-64-202 (3), shall not exceed the limitations on
noneconomic loss or injury specified in BE GOVERNED BY section
13-64-302.
(IV) T
HE DAMAGES FOR NONECONOMIC LOSS OR INJURY IN A
WRONGFUL DEATH ACTION SHALL BE GOVERNED BY SECTION
13-21-203.
(b) In any civil action, no damages for derivative noneconomic loss
or injury may be awarded unless the court finds justification by clear and
convincing evidence therefor. In no case shall the amount of such damages
exceed two hundred fifty thousand dollars.
(c) (I) (A) The limitations on damages set forth in subsections (3)(a)
and (3)(b) SUBSECTION (3)(a)(I) of this section must be adjusted for
inflation as of January 1, 1998, January 1, 2008, January 1, 2020, and each
ON January 1 every two years thereafter UNTIL JANUARY 1, 2024. The
adjustments made on January 1, 1998, January 1, 2008, January 1, 2020,
and each
ON January 1 every two years thereafter UNTIL JANUARY 1, 2024,
must be based on the cumulative annual adjustment for inflation for each
year since the effective date of the damages limitations in subsections (3)(a)
and (3)(b) SUBSECTION (3)(a)(I) of this section.
(B) T
HE LIMITATIONS ON DAMAGES SET FORTH IN SUBSECTION
(3)(a)(II) OF THIS SECTION MUST BE ADJUSTED FOR INFLATION ON JANUARY
1, 2028, AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER . THE
ADJUSTMENTS MADE ON
JANUARY 1, 2028, AND ON JANUARY 1 EVERY TWO
YEARS THEREAFTER MUST BE BASED ON THE CUMULATIVE ANNUAL
ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE THE EFFECTIVE DATE OF
THE DAMAGES LIMITATIONS IN SUBSECTION
(3)(a)(II) OF THIS SECTION.
(C) The
INFLATION adjustments made pursuant to this subsection
(3)(c)(I) must be rounded upward or downward to the nearest ten-dollar
increment.
(II) As used in this paragraph (c), "inflation" means the annual
percentage change in the United States department of labor, bureau of labor
statistics, consumer price index for Denver-Boulder, all items, all urban
consumers, or its successor index.
(III) The secretary of state shall certify the adjusted limitation on
PAGE 3-HOUSE BILL 24-1472 damages within fourteen days after the appropriate information is available,
and,
FOR PURPOSES OF THE LIMITATION ON DAMAGES SPECIFIED IN
SUBSECTIONS
(3)(a)(I) AND (3)(b) OF THIS SECTION:
(III.5) F
OR PURPOSES OF THE LIMITATION ON DAMAGES SPECIFIED IN
SUBSECTION
(3)(a)(II) OF THIS SECTION, THE SECRETARY OF STATE SHALL
CERTIFY THE ADJUSTED LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS
AFTER THE APPROPRIATE INFORMATION IS AVAILABLE
. THE ADJUSTED
LIMITATION ON DAMAGES AS OF
JANUARY 1, 2028, AND AS OF EACH
JANUARY 1 EVERY TWO YEARS THEREAFTER , IS APPLICABLE TO ALL CLAIMS
FOR RELIEF THAT ACCRUE ON OR AFTER THE SPECIFIED
JANUARY 1 AND
BEFORE THE
JANUARY 1 TWO YEARS THEREAFTER.
SECTION 3. In Colorado Revised Statutes, 13-21-201, amend
(1)(a)(III), (1)(a)(IV), (1)(b)(I)(C), and (1)(b)(I)(D); and add (1)(a)(V) and
(1)(b)(I)(E) as follows:
13-21-201. Damages for death. (1) When any person dies from any
injury resulting from or occasioned by the negligence, unskillfulness, or
criminal intent of any officer, agent, servant, or employee while running,
conducting, or managing any locomotive, car, or train of cars, or of any
driver of any coach or other conveyance operated for the purpose of
carrying either freight or passengers for hire while in charge of the same as
a driver, and when any passenger dies from an injury resulting from or
occasioned by any defect or insufficiency in any railroad or any part thereof,
or in any locomotive or car, or other conveyance operated for the purpose
of carrying either freight or passengers for hire, the corporation or
individuals in whose employ any such officer, agent, servant, employee,
master, pilot, engineer, or driver is at the time such injury is committed, or
who owns any such railroad, locomotive, car, or other conveyance operated
for the purpose of carrying either freight or passengers for hire at the time
any such injury is received, and resulting from or occasioned by the defect
or insufficiency above described shall forfeit and pay for every person and
passenger so injured the sum of not exceeding ten thousand dollars and not
less than three thousand dollars, which may be sued for and recovered:
(a) In the first year after such death:
(III) Upon the written election of the spouse, by the heir or heirs of
the deceased; or
PAGE 4-HOUSE BILL 24-1472 (IV) If there is no spouse, by the heir or heirs of the deceased or the
designated beneficiary, if there is one designated pursuant to article 22 of
title 15, C.R.S.,
with the right to bring an action pursuant to this section, and
if there is no designated beneficiary, by the heir or heirs of the deceased;
OR
(V) IF, AT THE TIME OF DEATH, THERE IS NO SPOUSE, NO HEIR OR
HEIRS
, AND NO DESIGNATED BENEFICIARY , OR, IF THE DECEASED WAS AN
UNMARRIED MINOR WITHOUT DESCENDANTS OR AN UNMARRIED ADULT
WITHOUT DESCENDANTS
, AND THERE IS NO MOTHER AND NO FATHER OF THE
DECEASED
, THEN BY THE SIBLING OR SIBLINGS OF THE DECEASED OR THE
HEIR OR HEIRS OF THE SIBLING OR SIBLINGS OF THE DECEASED
.
(b) (I) In the second year after such death:
(C) By the spouse and the heir or heirs of the deceased; or
(D) By the designated beneficiary of the deceased, if there is one
designated pursuant to article 22 of title 15, C.R.S., with the right to bring
an action pursuant to this section, and the heir or heirs of the deceased;
OR
(E) BY THE SIBLING OR SIBLINGS OF THE DECEASED OR THE HEIR OR
HEIRS OF THE SIBLING OR SIBLINGS OF THE DECEASED
, BUT ONLY IF, AT THE
TIME OF DEATH
, THE DECEASED HAD NO SURVIVING SPOUSE , NO HEIR OR
HEIRS
, AND NO DESIGNATED BENEFICIARY , OR, IF THE DECEASED WAS AN
UNMARRIED MINOR WITHOUT DESCENDANTS OR AN UNMARRIED ADULT
WITHOUT DESCENDANTS
, AND HAD NO MOTHER AND NO FATHER .
SECTION 4. In Colorado Revised Statutes, 13-21-203, amend (1)
as follows:
13-21-203. Limitation on damages. (1) (a) All damages accruing
under section 13-21-202 shall be sued for and recovered by the same parties
and in the same manner as provided in section 13-21-201, and in every such
action the jury may give such damages as they may deem fair and just, with
reference to the necessary injury resulting from such death, including
damages for noneconomic loss or injury as defined in section 13-21-102.5
and subject to the limitations of this section and including within
noneconomic loss or injury damages for grief, loss of companionship, pain
and suffering, and emotional stress, to the surviving parties who may be
entitled to sue; and also having regard to the mitigating or aggravating
PAGE 5-HOUSE BILL 24-1472 circumstances attending any such wrongful act, neglect, or default; except
that, if the decedent left neither a widow, a widower, minor children, nor a
dependent father or mother, the damages recoverable in any such action
shall not exceed the limitations for noneconomic loss or injury set forth in
section 13-21-102.5 THE SUM OF TWO MILLION ONE HUNDRED TWENTY -FIVE
THOUSAND DOLLARS IN ANY WRONGFUL DEATH ACTION OR BINDING
ARBITRATION FILED ON OR AFTER
JANUARY 1, 2025, AND BEFORE JANUARY
1, 2026, OR ANY WRONGFUL DEATH CLAIM THAT ACCRUES ON OR AFTER
JANUARY 1, 2025, IN WHICH DAMAGES FOR DERIVATIVE OR DIRECT
NONECONOMIC LOSS OR INJURY MAY BE AWARDED
, unless the wrongful act,
neglect, or default causing death constitutes a felonious killing, as defined
in section 15-11-803 (1)(b), C.R.S.,
and as determined in the manner
described in section 15-11-803 (7), C.R.S., in which case there shall be no
limitation on the damages for noneconomic loss or injury recoverable in
such action. No action shall be brought and no recovery shall be had under
both section 13-21-201 and section 13-21-202, and in all cases the plaintiff
is required to elect under which section he or she will proceed. There shall
be only one civil action under this part 2 for recovery of damages for the
wrongful death of any one decedent. Notwithstanding anything in this
section or in section 13-21-102.5 to the contrary, there shall be no recovery
under this part 2 for noneconomic loss or injury in excess of two hundred
fifty thousand dollars TWO MILLION ONE HUNDRED TWENTY -FIVE THOUSAND
DOLLARS IN ANY WRONGFUL DEATH ACTION OR BINDING ARBITRATION FILED
ON OR AFTER
JANUARY 1, 2025, AND BEFORE JANUARY 1, 2026, OR ANY
WRONGFUL DEATH CLAIM THAT ACCRUES ON OR AFTER
JANUARY 1, 2025, IN
WHICH DAMAGES FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR INJURY
MAY BE AWARDED
, unless the wrongful act, neglect, or default causing
death constitutes a felonious killing, as defined in section 15-11-803 (1)(b),
C.R.S.,
and as determined in the manner described in section 15-11-803 (7).
C.R.S. DAMAGES ARISING FROM CLAIMS BROUGHT AGAINST A PUBLIC
ENTITY OR PUBLIC EMPLOYEE
, AS DEFINED IN SECTION 24-10-103, SHALL BE
CONTROLLED BY THE DAMAGE LIMITATIONS SET FORTH IN SECTION
24-10-114.
(b) The damages recoverable for noneconomic loss or injury in any
medical malpractice action shall not exceed the limitations on noneconomic
loss or injury set forth in section 13-64-302. NOTWITHSTANDING THE
LIMITATION SET FORTH IN SUBSECTION
(1)(a) OF THIS SECTION OR IN SECTION
13-64-302 (1):
PAGE 6-HOUSE BILL 24-1472 (I) EFFECTIVE JANUARY 1, 2025, THE TOTAL AMOUNT RECOVERABLE
FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR INJURY
, AS DEFINED IN
SECTION
13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY CIVIL ACTION OR
BINDING ARBITRATION
FOR DAMAGES IN TORT BROUGHT AGAINST A
HEALTH
-CARE PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR A
HEALTH
-CARE INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), BASED
ON A CLAIM OF WRONGFUL DEATH OF A PATIENT SHALL NOT EXCEED FIVE
HUNDRED FIFTY
-FIVE THOUSAND DOLLARS , WHICH AMOUNT APPLIES TO ACTS
OR OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2025, BUT BEFORE
JANUARY 1, 2026.
(II) E
FFECTIVE JANUARY 1, 2026, THE TOTAL AMOUNT RECOVERABLE
FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR INJURY
, AS DEFINED IN
SECTION
13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY CIVIL ACTION OR
BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT AGAINST A
HEALTH
-CARE PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR A
HEALTH
-CARE INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), BASED
ON A CLAIM OF WRONGFUL DEATH OF A PATIENT SHALL NOT EXCEED EIGHT
HUNDRED TEN THOUSAND DOLLARS
, WHICH AMOUNT APPLIES TO ACTS OR
OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2026, BUT BEFORE
JANUARY 1, 2027.
(III) E
FFECTIVE JANUARY 1, 2027, THE TOTAL AMOUNT
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR INJURY
,
AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY CIVIL
ACTION OR BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT AGAINST
A HEALTH
-CARE PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR
A HEALTH
-CARE INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), BASED
ON A CLAIM OF WRONGFUL DEATH OF A PATIENT SHALL NOT EXCEED ONE
MILLION SIXTY
-FIVE THOUSAND DOLLARS, WHICH AMOUNT APPLIES TO ACTS
OR OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2027, BUT BEFORE
JANUARY 1, 2028.
(IV) E
FFECTIVE JANUARY 1, 2028, THE TOTAL AMOUNT
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR INJURY
,
AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY CIVIL
ACTION OR BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT AGAINST
A HEALTH
-CARE PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR
A HEALTH
-CARE INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), BASED
ON A CLAIM OF WRONGFUL DEATH OF A PATIENT SHALL NOT EXCEED ONE
PAGE 7-HOUSE BILL 24-1472 MILLION THREE HUNDRED TWENTY THOUSAND DOLLARS , WHICH AMOUNT
APPLIES TO ACTS OR OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2028,
BUT BEFORE JANUARY 1, 2029.
(V) E
FFECTIVE JANUARY 1, 2029, THE TOTAL AMOUNT
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR INJURY
,
AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY CIVIL
ACTION OR BINDING ARBITRATION FOR DAMAGES IN TORT BROUGHT AGAINST
A HEALTH
-CARE PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR
A HEALTH
-CARE INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), BASED
ON A CLAIM OF WRONGFUL DEATH OF A PATIENT SHALL NOT EXCEED ONE
MILLION FIVE HUNDRED SEVENTY
-FIVE THOUSAND DOLLARS, WHICH AMOUNT
APPLIES TO ACTS OR OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2029,
BUT BEFORE JANUARY 1, 2030.
(VI) E
FFECTIVE JANUARY 1, 2030, THE LIMITATION ON DAMAGES
SPECIFIED IN SUBSECTION
(1)(b)(V) OF THIS SECTION SHALL BE ADJUSTED IN
ACCORDANCE WITH SECTION
13-21-203.7 (4).
(VII) T
HE LIMITATIONS OF SUBSECTION (1)(b)(I) OF THIS SECTION
ARE NOT APPLICABLE TO A HEALTH
-CARE PROFESSIONAL WHO IS A PUBLIC
EMPLOYEE UNDER THE
"COLORADO GOVERNMENTAL IMMUNITY ACT" AND
ARE NOT APPLICABLE TO A CERTIFIED HEALTH
-CARE INSTITUTION THAT IS A
PUBLIC ENTITY UNDER THE
"COLORADO GOVERNMENTAL IMMUNITY ACT".
SECTION 5. In Colorado Revised Statutes, 13-21-203.7, amend
(1) and (2); and add (1.5) and (4) as follows:
13-21-203.7. Adjustments of dollar limitations for effects of
inflation - definition. (1) The limitations on noneconomic damages set
forth in section 13-21-203 (1)(a) and the amount of the solatium set forth
in section 13-21-203.5 must be adjusted for inflation as of January 1, 1998,
January 1, 2008, January 1, 2020, and each January 1 every two years
thereafter
UNTIL JANUARY 1, 2024. The adjustments made on January 1,
1998, January 1, 2008, January 1, 2020, and each January 1 every two years
thereafter must be based on the cumulative annual adjustment for inflation
for each year since the effective date of the damages limitations in sections
13-21-203 (1)(a) and 13-21-203.5. The adjustments made pursuant to this
subsection (1) must be rounded upward or downward to the nearest
ten-dollar increment.
PAGE 8-HOUSE BILL 24-1472 (1.5) AFTER JANUARY 1, 2024, THE LIMITATIONS ON DAMAGES SET
FORTH IN SECTION
13-21-203 (1)(a) MUST BE ADJUSTED FOR INFLATION
JANUARY 1, 2028, AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER. THE
ADJUSTMENTS MADE ON
JANUARY 1, 2028, AND ON JANUARY 1 EVERY TWO
YEARS THEREAFTER MUST BE BASED ON THE CUMULATIVE ANNUAL
ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE THE EFFECTIVE DATE OF
THE DAMAGES LIMITATIONS IN SECTION
13-21-203 (1)(a). THE ADJUSTMENTS
MADE PURSUANT TO THIS SUBSECTION
(1.5) MUST BE ROUNDED UPWARD OR
DOWNWARD TO THE NEAREST TEN
-DOLLAR INCREMENT.
(2) As used in this section, "inflation" means the annual percentage
change in the United States department of labor, bureau of labor statistics,
consumer price index for Denver-Boulder, all items, all urban consumers,
or its successor index MEANS THE ANNUAL PERCENTAGE CHANGE IN THE
UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX FOR
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS
PAID BY ALL URBAN CONSUMERS
, OR ITS SUCCESSOR INDEX.
(4) (a) E
FFECTIVE JANUARY 1, 2030, THE DAMAGES LIMITATION
SPECIFIED IN SECTION
13-21-203 (1)(b)(V) MUST BE ADJUSTED FOR
INFLATION ON
JANUARY 1, 2030, AND ON JANUARY 1 EVERY TWO YEARS
THEREAFTER
. THE ADJUSTMENTS MADE ON JANUARY 1, 2030, AND ON
JANUARY 1 EVERY TWO YEARS THEREAFTER MUST BE BASED ON THE
CUMULATIVE ANNUAL ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE
THE EFFECTIVE DATE OF THE DAMAGES LIMITATION SPECIFIED IN SECTION
13-21-203 (1)(b)(V). THE ADJUSTMENTS MADE PURSUANT TO THIS
SUBSECTION
(4) MUST BE ROUNDED UPWARD OR DOWNWARD TO THE
NEAREST TEN
-DOLLAR INCREMENT.
(b) T
HE SECRETARY OF STATE SHALL CERTIFY THE ADJUSTED
LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER THE APPROPRIATE
INFORMATION IS AVAILABLE AND SHALL PUBLISH THE ADJUSTED AM OUNT ON
THE SECRETARY OF STATE
'S WEBSITE.
(c) T
HE ADJUSTED LIMITATION ON DAMAGES AS OF JANUARY 1, 2030,
AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER IS APPLICABLE TO ALL
CLAIMS FOR RELIEF THAT ACCRUE ON AND AFTER THE SPECIFIED
JANUARY 1
AND BEFORE THE JANUARY 1 TWO YEARS THEREAFTER.
SECTION 6. In Colorado Revised Statutes, 13-64-302, amend
PAGE 9-HOUSE BILL 24-1472 (1)(b) and (1)(c) as follows:
13-64-302. Limitation of liability - interest on damages -
definition. (1) (b) The total amount recoverable for all damages for a
course of care for all defendants in any civil action for damages in tort
brought against a health-care professional, as defined in section 13-64-202,
or a health-care institution, as defined in section 13-64-202, or as a result
of binding arbitration, whether past damages, future damages, or a
combination of both, shall not exceed
THE GREATER OF one million dollars,
present value per patient,
OR ONE HUNDRED TWENTY -FIVE PERCENT OF THE
NONECONOMIC DAMAGES LIMITATIONS SET FORTH IN SECTION
13-21-203
(1)(b)
IN EFFECT AT THE TIME THE ACTS OR OMISSIONS OCCURRED , PRESENT
VALUE PER PATIENT
, including any claim for derivative noneconomic loss
or injury, of which not more than two hundred fifty thousand dollars,
present value per patient, including any derivative claim, shall be
attributable to direct or derivative noneconomic loss or injury; except that,
if, upon good cause shown, the court determines that the present value of
past and future economic damages would exceed such limitation and that
the application of such limitation would be unfair, the court may award in
excess of the limitation the present value of additional past and future
economic damages only. The limitations of this section are not applicable
to a health-care professional who is a public employee under the "Colorado
Governmental Immunity Act" and are not applicable to a certified
health-care institution which is a public entity under the "Colorado
Governmental Immunity Act". For purposes of this section, "present value"
has the same meaning as that set forth in section 13-64-202 (7). The
existence of the limitations and exceptions thereto provided in this section
shall not be disclosed to a jury.
(c) (I) (A) Effective July 1, 2003, the damages limitation of two
hundred fifty thousand dollars described in paragraph (b) of this subsection
(1) SUBSECTION (1)(b) OF THIS SECTION shall be increased to three hundred
thousand dollars, which increased amount shall apply to acts or omissions
occurring on or after said date. It is the intent of the general assembly that
the increase reflect an adjustment for inflation to the damages limitation.
(B) E
FFECTIVE JANUARY 1, 2025,IN AN ACTION FILED ON OR AFTER
THAT DATE THAT ACCRUED ON OR AFTER
JANUARY 1, 2024, BUT BEFORE
JANUARY 1, 2026, THE DAMAGES LIMITATION OF THREE HUNDRED
THOUSAND DOLLARS DESCRIBED IN SUBSECTION
(I)(c)(I)(A) OF THIS SECTION
PAGE 10-HOUSE BILL 24-1472 FOR DIRECT OR DERIVATIVE NONECONOMIC LOSS OR INJURY IS INCREASED TO
FOUR HUNDRED FIFTEEN THOUSAND DOLLARS
.
(C) E
FFECTIVE JANUARY 1, 2026, THE DAMAGES LIMITATION OF
FOUR HUNDRED FIFTEEN THOUSAND DOLLARS DESCRIBED IN SUBSECTION
(1)(c)(I)(B) OF THIS SECTION IS INCREASED TO FIVE HUNDRED THIRTY
THOUSAND DOLLARS
, WHICH INCREASED AMOUNT APPLIES TO ACTS OR
OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2026, BUT BEFORE
JANUARY 1, 2027.
(D) E
FFECTIVE JANUARY 1, 2027, THE DAMAGES LIMITATION OF FIVE
HUNDRED THIRTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION
(1)(c)(I)(C) OF THIS SECTION IS INCREASED TO SIX HUNDRED FORTY -FIVE
THOUSAND DOLLARS
, WHICH INCREASED AMOUNT APPLIES TO ACTS OR
OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2027, BUT BEFORE
JANUARY 1, 2028.
(E) E
FFECTIVE JANUARY 1, 2028, THE DAMAGES LIMITATION OF SIX
HUNDRED FORTY
-FIVE THOUSAND DOLLARS DESCRIBED IN SUBSECTION
(1)(c)(I)(D) OF THIS SECTION IS INCREASED TO SEVEN HUNDRED SIXTY
THOUSAND DOLLARS
, WHICH INCREASED AMOUNT APPLIES TO ACTS OR
OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2028, BUT BEFORE
JANUARY 1, 2029.
(F) E
FFECTIVE JANUARY 1, 2029, THE DAMAGES LIMITATION OF
SEVEN HUNDRED SIXTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION
(1)(c)(I)(E) OF THIS SECTION IS INCREASED TO EIGHT HUNDRED
SEVENTY
-FIVE THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO
ACTS OR OMISSIONS OCCURRING ON OR AFTER
JANUARY 1, 2029, BUT BEFORE
JANUARY 1, 2030.
(G) E
FFECTIVE JANUARY 1, 2030, THE DAMAGES LIMITATIONS IN
SUBSECTION
(1)(c)(I)(F) OF THIS SECTION MUST BE ADJUSTED FOR INFLATION
AS OF
JANUARY 1, 2030, AND ON JANUARY 1 EVERY TWO YEARS
THEREAFTER
. THE ADJUSTMENTS MADE ON JANUARY 1, 2030, AND ON
JANUARY 1 EVERY TWO YEARS THEREAFTER MUST BE BASED ON THE
CUMULATIVE ANNUAL ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE
THE EFFECTIVE DATE OF THE DAMAGES LIMITATION SPECIFIED IN SUBSECTION
(1)(c)(I)(F) OF THIS SECTION. THE ADJUSTMENTS MADE PURSUANT TO THIS
SUBSECTION
(1)(c)(I)(G) MUST BE ROUNDED UPWARD OR DOWNWARD TO
PAGE 11-HOUSE BILL 24-1472 THE NEAREST TEN-DOLLAR INCREMENT. AS USED IN THIS SUBSECTION (1)(c),
"
INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE UNITED
STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER
PRICE INDEX FOR
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL
URBAN CONSUMERS
, OR ITS SUCCESSOR INDEX.
(II) T
HE SECRETARY OF STATE SHALL CERTIFY THE ADJUSTED
LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER THE APPROPRIATE
INFORMATION IS AVAILABLE AND SHALL PUBLISH THE ADJUSTED AM OUNT ON
THE SECRETARY OF STATE
'S WEBSITE.
(III) T
HE ADJUSTED LIMITATION ON DAMAGES AS OF JANUARY 1,
2030,
AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER IS APPLICABLE TO
ACTS OR OMISSIONS OCCURRING ON AND AFTER THE SPECIFIED
JANUARY 1
AND BEFORE THE JANUARY 1 TWO YEARS THEREAFTER.
SECTION 7. Effective date. This act takes effect January 1, 2025.
SECTION 8. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 12-HOUSE BILL 24-1472 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 24-1472