§ 25-51-104. Payment and Financial Resolution

1. If a patient accepts an offer of compensation made pursuant to section 25-51-103 (5) and receives the compensation, the payment of compensation to the patient is not a payment resulting from:
   1. A written claim or demand for payment;
   2. A final judgment, settlement, or arbitration award against a health-care professional or health-care institution for medical malpractice for purposes of section 13-64-303;
   3. A malpractice claim settled or in which judgment is rendered against a professional for purposes of reporting by malpractice insurance companies under section 10-1-120, 10-1-120.5, 10-1-121, 10-1-124, 10-1-125, 10-1-125.3, 10-1-125.5, or 10-1-125.7;
   4. A final judgment against, settlement entered into by, or arbitration award paid on behalf of an applicant for malpractice under section 12-30-102 (4)(h); or
   5. A judgment, administrative action, settlement, or arbitration award involving malpractice under section 12-200-106 (5), 12-210-105 (5), 12-215-115 (1)(i), 12-220-201 (1)(q) or (1)(r), 12-235-111 (1)(i), 12-240-125 (4)(b)(III), 12-245-226 (7), 12-250-116, 12-255-119 (3)(b)(II), 12-255-120 (1)(dd), 12-275-120 (1)(p) or (1)(v), 12-275-129, 12-280-126 (1)(t), 12-285-120 (1)(o), 12-285-127 (1)(a), 12-285-211 (1)(k), 12-285-216 (1)(a), or 12-290-113 (2)(b)(III).
2. As a condition of an offer of compensation under section 25-51-103 (5), a health-care provider or health facility may require a patient to execute all documents and obtain any necessary court approval to resolve an adverse health-care incident. The parties shall negotiate the form of the documents or obtain court approval as necessary.

Source: L. 2019: Entire article added, (SB 19-201), ch. 144, p. 1755, § 1, effective July 1. L. 2020: (1)(e) amended, (HB 20-1402), ch. 216, p. 1056, § 60, effective June 30; (1)(c) and (1)(e) amended, (HB 20-1216), ch. 190, p. 867, § 9, effective July 1; (1)(c) amended, (HB 20-1219), ch. 300, p. 1498, § 10, effective September 1; (1)(e) amended, (HB 20-1056), ch. 64, p. 263, § 8, effective September 14. L. 2021: (1)(c) and (1)(e) amended, (SB 21-094), ch. 314, p. 1945, § 34, effective September 1.

Editor’s note: Amendments to subsection (1)(c) by HB 20-1216 and HB 20-1219 were harmonized. Amendments to subsection (1)(e) by HB 20-1056, HB 20-1216, and HB 20-1402 were harmonized.

Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.