Colorado § 38-27.5-103 - Assignment of health-care provider liens - not admissible as evidence.

§ 38-27.5-103. Assignment of health-care provider liens - not admissible as evidence.

(1) A health-care provider claiming a health-care provider lien under this article 27.5 may assign, in writing, a health-care provider lien to any other person or entity. An assignee of a health-care provider lien has all the rights and remedies of the health-care provider and is subject to the restrictions and obligations of the health-care provider under this article 27.5.

(2) Except in an action under the "Uniform Consumer Credit Code", article 1 of title 5, any amount paid by an assignee of a health-care provider lien for the assignment, the fact of the assignment, and the terms of the assignment are not discoverable or admissible as evidence in any civil action or claim that the injured person asserts against third parties or under an uninsured or underinsured motorist insurance policy for any purpose, including as evidence of the reasonable value of a health-care provider's services.

(3) An injured person treated on a health-care provider lien basis may not seek to recover, as the cost of medical services or treatment, more than the health-care provider's usual and customary billed charges.

(4) Amounts awarded for medical bills subject to a health-care provider lien shall not be subject to offset or reduction in any post-verdict proceeding under section 13-21-111.6.

(5) This section only applies to a claim or claims an injured party asserts against third parties or under an uninsured or underinsured motorist insurance policy involving a medical lien and has no other application or effect regarding compensation paid to health-care providers.

Source: L. 2021: Entire article added, (HB 21-1300), ch. 473, p. 3389, § 1, effective September 7.

ANNOTATION

A health-care provider lien agreement is excludable from discovery and at trial under subsection (2) if the agreement meets the requirements of §§ 38-27.5-104 (1) and 38-27.5-105 (4) at the time the lien agreement is created. Wolven v. Velez, 2024 COA 8, 547 P.3d 423.

Amended lien agreement that replaced original lien agreement was properly excluded under subsection (2), even though lien agreement was amended to comply with the requirements of §§ 38-27.5-104 (1) and 38-27.5-105 (4) five days before trial. Wolven v. Velez, 2024 COA 8, 547 P.3d 423.