(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:
A written claim or demand for payment;
A final judgment, settlement, or arbitration award against a health care professionalor health care institution for medical malpractice for purposes of section 13-64-303;
A malpractice claim settled or in which judgment is rendered against a professionalfor purposes of reporting by malpractice insurance companies under section 10-1-120, 10-1120.5, 10-1-121, 10-1-124, 10-1-125, 10-1-125.5, or 10-1-125.7;
A final judgment against, settlement entered into by, or arbitration award paid onbehalf of an applicant for malpractice under section 12-30-102 (4)(h); or
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, 12-280-111 (1), 12-285120 (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 201219), ch. 300, p. 1498, § 10, effective September 1; (1)(e) amended, (HB 20-1056), ch. 64, p. 263, § 8, effective September 14.
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.