As used in this part 5, unless the context otherwise requires:
(1) Health-care facility means:
(a) A hospital licensed as a general hospital pursuant to part 1 of article 3 of title 25;
(b) A hospital established pursuant to section 23-21-503 or 25-29-103;
(c) [Editor's note: This version of subsection (1)(c) is effective until July 1, 2026.] Any freestanding emergency department licensed pursuant to section 25-1.5-114; or
(c) [Editor's note: This version of subsection (1)(c) is effective July 1, 2026.] Any freestanding emergency department licensed pursuant to section 25-1.5-114;
(d) Any outpatient health-care facility that is licensed as an on-campus department or service of a hospital or that is listed as an off-campus location under a hospital's license, except:
(I) A federally qualified health center, as defined in the federal Social Security Act, 42 U.S.C. sec. 1395x (aa)(4); or
(II) [Editor's note: This version of subsection (1)(d)(II) is effective until July 1, 2026.] A student-learning medical and dental clinic that is established for the purpose of student learning, offering discounted patient care as part of a program of student learning, and is physically situated within a health sciences school.
(II) [Editor's note: This version of subsection (1)(d)(II) is effective July 1, 2026.] A student-learning medical and dental clinic that is established for the purpose of student learning and offering discounted patient care as part of a program of student learning and is physically situated within a health sciences school; or
(e) [Editor's note: Subsection (1)(e) is effective July 1, 2026.] A critical access hospital as defined in section 25-1.5-114.5.
(2) Health-care services has the same meaning as set forth in section 10-16-102 (33).
(2.5) Inpatient hospital service has the same meaning as set forth in 42 CFR 440.10.
(3) Licensed health-care professional means any health-care professional who is registered, certified, or licensed pursuant to title 12 or who provides services under the supervision of a health-care professional who is registered, certified, or licensed pursuant to title 12, and who provides health-care services in a health-care facility.
(4) Repealed.
(4.5) Outpatient hospital service has the same meaning as set forth in 42 CFR 440.20.
(5) Qualified patient means an individual who attests to residing in Colorado whose household income is not more than two hundred fifty percent of the federal poverty level and who received an inpatient hospital service or outpatient hospital service at a health-care facility.
(6) Screen or screening means a process identified in rule by the state department whereby health-care facilities assess a patient's circumstances related to eligibility criteria and determine whether the patient is likely to qualify for public health-care coverage or discounted care, inform the patient of the health-care facility's determination, and provide information to the patient about how the patient can enroll in public health-care coverage.
(7) Uninsured means an uninsured individual, as defined in section 10-22-113 (5)(d).
Source: L. 2021: Entire part added, (HB 21-1198), ch. 435, p. 2874, � 1, effective September 7. L. 2024: (2.5) and (4.5) added, (4) repealed, and (5) amended, (SB 24-116), ch. 300, p. 2040, � 1, effective August 7; (4) repealed, (HB 24-1399), ch. 76, p. 257, � 24, effective July 1, 2025; (1)(c) and (1)(d)(II) amended and (1)(e) added, (SB 24-121), ch. 439, p. 3067, � 5, effective July 1, 2026.
Editor's note: Subsection (4) was repealed in HB 24-1399, effective July 1, 2025. Those amendments were superseded by the repeal of subsection (4) in SB 24-116, effective August 7, 2024.
25.5-3-502. Requirement to screen patients for eligibility for public health-care programs and discounted care - rules. (1) Beginning September 1, 2022, a health-care facility shall screen, unless a patient declines, each uninsured patient for eligibility for:
(a) Public health insurance programs including but not limited to medicare; the state medical assistance program, articles 4, 5, and 6 of this title 25.5; emergency medicaid; and the children's basic health plan, article 8 of this title 25.5; and
(b) Repealed.
(c) Discounted care, as described in section 25.5-3-503.
(2) Health-care facilities shall use a single uniform application developed by the state department when screening a patient pursuant to subsection (1) of this section.
(3) If a health-care facility determines that a patient is ineligible for discounted care, the facility shall provide the patient notice of the determination and an opportunity for the patient to appeal the determination in accordance with state department rules.
(4) If the patient declines the screening described in subsection (1) of this section, the health-care facility shall document the patient's decision in accordance with state department rules. A patient's decision to decline the screening that is documented and complies with state department rules is a complete defense to a claim brought by a patient under section 25.5-3-506 (2) for a violation of section 25.5-3-506 (1)(a) or (1)(b).
(5) If requested by the patient, a health-care facility shall screen an insured patient for discounted care pursuant to subsections (1)(b) and (1)(c) of this section.
Source: L. 2021: Entire part added, (HB 21-1198), ch. 435, p. 2875, �1, effective September 7. L. 2022: IP(1) amended, (HB 22-1403), ch. 203, p. 1362, � 1, effective May 20. L. 2024: (1)(a) amended, (HB 24-1399), ch. 76, p. 258, � 25, effective July 1, 2025; (1)(b)(II) added by revision, (HB 24-1399), ch. 76, pp. 258, 260, �� 25, 33.
Editor's note: Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 2025. (See L. 2024, pp. 258, 260.)
25.5-3-503. Health-care discounts on services not eligible for Colorado indigent care program reimbursement - definition. (1) Beginning September 1, 2022, if a patient is screened pursuant to section 25.5-3-502 and is determined to be a qualified patient, a health-care facility and a licensed health-care professional shall, for emergency hospital and other health-care services:
(a) Limit the amounts charged to not more than the discounted rate established in state department rule pursuant to section 25.5-3-505 (2)(j);
(b) Collect amounts charged, not including amounts owed by third-party payers, in monthly installments such that the patient is not paying more than four percent of the patient's monthly household income on a bill from a health-care facility, not paying more than two percent of the patient's monthly household income on a bill from each licensed health-care professional, and not paying more than six percent of the patient's household income on a comprehensive bill containing all health-care facility and licensed health-care professional charges; and
(c) After a cumulative thirty-six months of payments, consider the patient's bill paid in full and permanently cease any and all collection activities on any balance that remains unpaid.
(2) A health-care facility shall not:
(a) Deny discounted care on the basis that the patient has not applied for any public benefits program, unless during the initial screening the patient is determined to be presumptively eligible for the state medical assistance program; or
(b) Adopt or maintain any policies that result in the denial of admission or treatment of a patient because the patient lacks health insurance coverage, may qualify for discounted care, requires extended or long-term treatment, or has an unpaid medical bill.
(3) The licensed health-care professional who provides services to a patient pursuant to this part 5 is responsible for billing the patient for those services, unless the services are billed on a comprehensive bill issued by a health-care facility.
(4) For the purposes of this part 5, emergency hospital and other health-care services does not include primary care provided in a clinic located in a designated rural or frontier county that offers a sliding-fee scale as approved by the state department.
Source: L. 2021: Entire part added, (HB 21-1198), ch. 435, p. 2876 � 1, effective September 7. L. 2022: IP(1) amended, (HB 22-1403), ch. 203, p. 1362, � 2, effective May 20. L. 2024: IP(1), (1)(b), and (2)(a) amended and (3) and (4) added, (SB 24-116), ch. 300, p. 2041, � 2, effective August 7.