Colorado § 25-58-105 - Requirements for covered entities - penalty for noncompliance.

§ 25-58-105. Requirements for covered entities - penalty for noncompliance.

(1) Not later than sixty days after the department issues or updates the service availability form, each covered entity shall submit a completed service availability form to the department. A covered entity shall also submit an updated service availability form within thirty days after making a change to the availability of a health-care service identified on the service availability form.

(2) Not later than October 1, 2024, each covered entity shall adopt a policy for providing patients with its current service availability form during scheduling for LGBTQ health-care services, reproductive health-care services, or end-of-life health-care services, and at the time privacy requirements specified in the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, are provided to patients prior to the initiation of health-care services, or upon request, and for recording the patient's receipt of the form. The covered entity's policy must also encourage health-care professionals who have privileges with the covered entity to provide the covered entity's service availability form to the patient or the patient's representative prior to any scheduled health-care service at the covered entity.

(3) On and after October 1, 2024, each covered entity shall:

(a) Provide the current service availability form to the patient or the patient's representative during scheduling for LGBTQ health-care services, reproductive health-care services, or end-of-life health-care services and at the time privacy requirements specified in the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, are provided to patients before any health-care service is initiated. If providing the current service availability form is impracticable because of an emergency or other circumstances, the covered entity may delay the provision of the service availability form, as appropriate.

(b) Maintain a record of the patient's or the patient's representative's receipt of the service availability form; and

(c) Provide the current service availability form to any person upon request.

(4) A covered entity that fails to comply with this section is subject to a fine not exceeding one thousand dollars for each day that the covered entity is not in compliance with this section.

Source: L. 2023: Entire article added, (HB 23-1218), ch. 155, p. 667, § 1, effective August 7.

Editor's note: Subsections (3)(a), (3)(b), and (3)(c) were numbered as subsections (3)(a)(I), (3)(a)(II), and (3)(b), respectively, in HB 23-1218 but have been renumbered on revision for ease of location.