Colorado 2024 2024 Regular Session

Colorado Senate Bill SB130 Introduced / Bill

Filed 02/07/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0600.01 Anna Petrini x5497
SENATE BILL 24-130
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING RAISING THE LIMITA TION ON NONECONOMIC DAMAGES101
IN MEDICAL MALPRACTICE ACTIONS .102
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
http://leg.colorado.gov
.)
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 $500,000 over the course of 5 years.
SENATE SPONSORSHIP
Mullica and Will,
HOUSE SPONSORSHIP
Brown,
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. 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".5
SECTION 2. In Colorado Revised Statutes, 13-64-302, add6
(1)(d) as follows:7
13-64-302.  Limitation of liability - interest on damages.8
(1) (d) (I)  E
FFECTIVE JANUARY 1, 2025, THE DAMAGES LIMITATION OF9
THREE HUNDRED THOUSAND DOLLARS DESCRIBED IN SUBSECTION (1)(c)10
OF THIS SECTION IS INCREASED TO THREE HUNDRED FORTY THOUSAND11
DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR OMISSIONS12
OCCURRING ON OR AFTER SAID DATE .13
(II)  E
FFECTIVE JANUARY 1, 2026, THE DAMAGES LIMITATION OF14
THREE HUNDRED FORTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION15
(1)(d)(I) 
OF THIS SECTION IS INCREASED TO THREE HUNDRED EIGHTY16
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR17
OMISSIONS OCCURRING ON OR AFTER SAID DATE .18
(III)  E
FFECTIVE JANUARY 1, 2027, THE DAMAGES LIMITATION OF19
THREE HUNDRED EIGHTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION20
(1)(d)(II) 
OF THIS SECTION IS INCREASED TO FOUR HUNDRED TWENTY21
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR22
OMISSIONS OCCURRING ON OR AFTER SAID DATE .23
(IV)  E
FFECTIVE JANUARY 1, 2028, THE DAMAGES LIMITATION OF24
FOUR HUNDRED TWENTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION25
(1)(d)(III) 
OF THIS SECTION IS INCREASED TO FOUR HUNDRED SIXTY26
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR27
SB24-130
-2- OMISSIONS OCCURRING ON OR AFTER SAID DATE .1
(V)  E
FFECTIVE JANUARY 1, 2029, THE DAMAGES LIMITATION OF2
FOUR HUNDRED SIXTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION3
(1)(d)(IV) 
OF THIS SECTION IS INCREASED TO FIVE HUNDRED THOUSAND4
DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR OMISSIONS5
OCCURRING ON OR AFTER SAID DATE .6
SECTION 3. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
SB24-130
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