Colorado’s New Health Care Provider Lien Law
Colorado’s new healthcare provider lien statute takes effect on September 6, 2021. It contains a number of important provisions that change the law surrounding these liens. They are as follows:
• Your lien agreement must give the patient certain mandatory disclosures and advisements about treating on a lien
• If a court finds that a healthcare provider knowingly violated certain provision of the statute, it has discretion to invalidate the lien in whole or in part
• The statute creates a system whereby healthcare providers can file a notice of lien with the Secretary of State and get priority for repayment. It is a first in, first paid system.
• If your patient does not receive a judgment, settlement or payment of his/her claim, you cannot recover for the lien absent fraud or misrepresentation by the patient
• If you patient receives less than the full amount of the healthcare provider liens, you cannot pursue amounts beyond the patient’s recovery absent fraud or misrepresentation by the patient
• You cannot charge a finance charge or otherwise increase the amount of your usual and customary billed charge when treating on a lien
• Your lien rate cannot exceed the rate equal to your usual and customary billed charges (you can only have one rate
The big takeaway is that you are going to have to spend more time at the beginning of a case evaluating whether you are comfortable working on a lien basis. This means you are going to have to think like a lawyer. The recorded webinar provides you with information regarding the changes in the law and practical how-to’s regarding how to file your liens with the Secretary of State and deciding whether you want to treat on a lien basis.
Melissa’s representation has resulted in numerous seven figure resolutions and awards for her clients. She has been recognized for her excellence in the practice of law and has been named a Super Lawyer since 2015 including recognition as one of the Top 50 Women Attorneys in Colorado. Melissa has been honored with a ranking in the 2020 and 2021 edition of US News & World Report—Best Lawyers. She has received the highest ethical and professional rating by nationally published Martindale Hubble (AV Rating). Melissa is active in the community, helping organizations that assist people who have been injured. She has served as the President of the Brain Injury Alliance of Colorado and on the Board of Directors of the Chanda Plan Foundation which provides access to integrative therapies for people living with disabilities, and she has served on the Board of Directors of the Colorado Trial Lawyers Association.
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