Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
Colo. Rev. Stat. § 13-64-101 Short title
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This article shall be known and may be cited as the Health Care Availability Act. Source: L. 88: Entire article added, p. 612, � 1, effective July 1.
Colo. Rev. Stat. § 13-64-102 Legislative declaration
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(1) The general assembly determines and declares that it is in the best interests of the citizens of this state to assure the continued availability of adequate health-care services to the people of this state by containing the significantly increasing costs of malpractice insura…
Colo. Rev. Stat. § 13-64-201 Legislative declaration
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(1) The general assembly declares the purposes of enacting this part 2 are to: (a) Alleviate the practical problems incident to the unpredictability of future losses; (b) Effectuate more precise awards of damages for actual losses; (c) Pay damages as the losses are found to accru…
Colo. Rev. Stat. § 13-64-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Economic loss means pecuniary harm for which damages are recoverable under the laws of this state. (2) Future damages means damages of any kind arising from personal injuries which the trier of fact finds will acc…
Colo. Rev. Stat. § 13-64-203 Periodic payments
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(1) In any civil action for damages in tort brought against a health-care professional or a health-care institution, the trial judge shall enter a judgment ordering that awards for future damages be paid by periodic payments rather than by a lump-sum payment if the award for futu…
Colo. Rev. Stat. § 13-64-204 Special damages findings required
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(1) If liability is found in a trial under this part 2, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of: (a) Any past damages for each of the following types: (I) Medical and other costs of heal…
Colo. Rev. Stat. § 13-64-205 Determination of judgment to be entered
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(1) In order to determine what judgment is to be entered on a verdict requiring findings of special damages under this part 2, the court shall proceed as follows: (a) The court shall apply to the findings of past and future damages any applicable rules of law, including setoffs, …
Colo. Rev. Stat. § 13-64-206 Periodic installment obligations
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(1) A judgment for periodic payments under this part 2 shall provide that: (a) Such periodic payments are fixed and determinable as to amount and time of payment; (b) Such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments…
Colo. Rev. Stat. § 13-64-207 Form of funding
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(1) A judgment for periodic payments entered in accordance with this part 2 shall provide for payments to be funded in one or more of the following forms approved by the court: (a) Annuity contract issued by a company licensed to do business as an insurance company under the laws…
Colo. Rev. Stat. § 13-64-208 Funding the obligation
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(1) If the court enters a judgment for periodic payments under this part 2, then each party liable for all or a portion of the judgment, unless found to be incapable of doing so, shall separately or jointly with one or more others provide the funding for the periodic payments in …
Colo. Rev. Stat. § 13-64-209 Assignment of periodic payments
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(1) An assignment by a judgment creditor or an agreement by such person to assign any right to receive periodic payments for future damages contained in a judgment entered under this part 2 is enforceable only as to amounts: (a) To secure payment of alimony, maintenance, or child…
Colo. Rev. Stat. § 13-64-210 Exemption of benefits
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Except as provided in section 13-64-209, periodic payments for future damages contained in a judgment entered under this part 2 for loss of earnings are exempt from garnishment, attachment, execution, and any other process or claim to the extent that wages or earnings are exempt.…
Colo. Rev. Stat. § 13-64-211 Settlement agreements and consent judgments
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Nothing in this part 2 is to be construed to limit or affect the settlement of actions triable under this part 2 nor shall it apply to the settlement of actions except as otherwise agreed to by the parties. Parties to an action on a claim for personal injury may, but are not requ…
Colo. Rev. Stat. § 13-64-212 Satisfaction of judgment
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Upon entry of an order by the court that the form of funding complies with section 13-64-207 and that the funding of the obligation complies with section 13-64-208, the court shall order a satisfaction of judgment and discharge of the judgment debtor. Source: L. 88: Entire articl…
Colo. Rev. Stat. § 13-64-213 Effective date - applicability of part
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This part 2 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date. Source: L. 88: Entire article added, p. 617, � 1, effective July 1.
Colo. Rev. Stat. § 13-64-301 Financial responsibility
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(1) As a condition of active licensure or authority to practice in this state, every physician, dentist, dental therapist, or dental hygienist; every physician assistant; and every health-care institution as defined in section 13-64-202, except as provided in section 13-64-303.5,…
Colo. Rev. Stat. § 13-64-302 Limitation of liability - interest on damages - definition
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(1) (a) As used in this section: (I) Derivative noneconomic loss or injury means noneconomic loss or injury to persons other than the person suffering the direct or primary loss or injury. Derivative noneconomic loss or injury does not include punitive or exemplary damages. (II) …
Colo. Rev. Stat. § 13-64-302.5 Exemplary damages - legislative declaration - limitations - distribution of damages collected
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(1) The general assembly hereby finds, determines, and declares that it is in the public interest to establish a consistent and uniformly applicable standard for the determination, amount, imposition, and distribution of exemplary monetary damages arising from civil actions and a…
Colo. Rev. Stat. § 13-64-303 Judgments and settlements - reported - penalties
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Any final judgment, settlement, or arbitration award against any health-care professional or health-care institution for medical malpractice shall be reported within fourteen days by the professional's or institution's medical malpractice insurance carrier in accordance with sect…
Colo. Rev. Stat. § 13-64-303.5 Exclusion - mental health-care facilities
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The provisions of section 13-64-301 do not apply to any outpatient mental health-care facility, including a behavioral health safety net provider, and to any extended care facility or hospice with sixteen or fewer inpatient beds, including to nursing homes or rehabilitation facil…
Colo. Rev. Stat. § 13-64-304 Effective date - applicability of part
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This part 3 shall take effect January 1, 1989, and shall apply to acts or omissions occurring on or after said date and to licenses, certification, or other authority granted on or after said date. Source: L. 88: Entire article added, p. 620, � 1, effective July 1.
Colo. Rev. Stat. § 13-64-401 Qualifications as expert witness in medical malpractice actions or proceedings
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No person shall be qualified to testify as an expert witness concerning issues of negligence in any medical malpractice action or proceeding against a physician unless he not only is a licensed physician but can demonstrate by competent evidence that, as a result of training, edu…
Colo. Rev. Stat. § 13-64-402 Collateral source evidence
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(1) In any action in a court or arbitration proceeding for personal injury against a health-care provider for professional negligence, the plaintiff shall, within sixty days after the commencement thereof, serve written notice thereof to the third party payer or provider of any a…
Colo. Rev. Stat. § 13-64-402.5 Evidence relating to legally protected health-care activity - legislative declaration
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(1) It is the general assembly’s intent to protect persons from liability in Colorado courts for taking actions specified in section 12-30-121, personally or professionally, that are not subject to discipline by a regulator pursuant to section 12-30-121. (2) In any medical malpra…
Colo. Rev. Stat. § 13-64-403 Agreement for medical services - alternative arbitration procedures - form of agreement - right to rescind
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(1) It is the intent of the general assembly that an arbitration agreement be a voluntary agreement between a patient and a health-care provider and no medical malpractice insurer shall require a health-care provider to utilize arbitration agreements as a condition of providing m…
Colo. Rev. Stat. § 13-64-404 Effective date - applicability of part
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This part 4 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date and shall apply to agreements for medical services containing a binding arbitration provision on or after said date. Source: L. 88: Entire article added, p. 623, � 1, …
Colo. Rev. Stat. § 13-64-501 Definitions
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As used in this part 5, unless the context otherwise requires: (1) Health-care institution means any licensed or certified hospital, health-care facility, dispensary, or other institution for the treatment or care of the sick or injured. (2) Health-care professional means any per…
Colo. Rev. Stat. § 13-64-502 Limitation on actions
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(1) No claimant, including an infant or his personal representative, parents, or next of kin, may recover for any damage or injury arising from genetic counseling and screening and prenatal care, or arising from or during the course of labor, delivery, or the period of postnatal …
Colo. Rev. Stat. § 13-64-503 Effective date - applicability of part
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This part 5 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date. Source: L. 88: Entire article added, p. 623, � 1, effective July 1.