Colorado § 10-16-421 - Statutory construction and relationship to other laws.

§ 10-16-421. Statutory construction and relationship to other laws.

(1) Except for sections 10-1-102, 10-1-116, 10-1-117, 10-1-118, 10-3-128, and 10-3-208, part 2 of article 1 of this title, and parts 4 to 8 of article 3 of this title, and as otherwise provided in this article, the provisions of the insurance law and provisions of nonprofit hospital, medical-surgical, and health service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this part 4.

(2) Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed as violating any provision of law relating to solicitation or advertising by health professionals; but such health professionals shall be individually subject to the laws, rules and regulations, and ethical provisions governing their individual profession.

(3) Any health maintenance organization authorized under part 1 of this article and this part 4 shall not be deemed to be practicing medicine and shall be exempt from the provisions of laws relating to the practice of medicine.

Source: L. 92: Entire article R&RE, p. 1712, § 1, effective July 1; (1) amended, p. 1600, § 127, effective July 1. L. 94: (1) amended, p. 1630, § 30, effective May 31. L. 97: (1) amended, p. 93, § 4, effective March 24. L. 99: (1) amended, p. 84, § 4, effective July 1. L. 2001: (1) amended, p. 287, § 13, effective March 30; (1) amended, p. 1050, § 34, effective July 1. L. 2003: (1) amended, p. 618, § 19, effective July 1. L. 2004: (1) amended, p. 991, § 13, effective August 4. L. 2013: (1) amended, (HB 13-1115), ch. 338, p. 1972, § 12, effective March 31, 2015. L. 2014: (1) amended, (HB 14-1315), ch. 295, p. 1218, §§ 9, 10, effective January 1, 2015. L. 2016: (1) amended, (SB 16-189), ch. 210, p. 757, § 17, effective June 6.

Editor's note: (1) This section is similar to former § 10-17-125 as it existed prior to 1992.

(2) Amendments to subsection (1) by House Bill 01-1064 and House Bill 01-1319 were harmonized.

ANNOTATION

Breach of contract or tort claim may not be brought against a health maintenance organization for negligently providing or failing to provide medical services and plaintiffs' attempt to distinguish "health care services" from "medical services" was not factually presented to the trial court in a timely manner. Evans v. Colo. Permanente Med. Grp., P.C., 902 P.2d 867 (Colo. App. 1995), aff'd in part, rev'd in part on other grounds, 926 P.2d 1218 (Colo. 1996).

"Provisions of the insurance law" construed. In subsection (1), "provisions of the insurance law", when read in the context of this article (on health maintenance organizations), refers to the provisions of title 10 concerning general statutory regulations of the insurance industry. Rederscheid v. Comprecare, Inc., 667 P.2d 766 (Colo. App. 1983).