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SENATE BILL 23-252 BY SENATOR(S) Van Winkle and Gonzales, Buckner, Coleman, Cutter, Danielson, Exum, Fields, Hansen, Jaquez Lewis, Marchman, Moreno, Priola, Rodriguez;
First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
also REPRESENTATIVE(S) Daugherty and Hartsook, Amabile, Bacon, Boesenecker, Bradley, Brown, Dickson, English, Froelich, Garcia, Gonzales -Gutierrez,Hamrick,Herod,Jodeh,Joseph,Kipp,Lieder,Lindsay, Lindstedt, Lukens, Lynch, Mabrey, Marshall, Martinez, Mauro, McCormick, McLachlan, Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Snyder, Soper, Titone, Valdez, Weissman, Woodrow, McCluskie.
23-0554.04 Kristen Forrestal x4217 SENATE BILL 23-252 SENATE SPONSORSHIP Van Winkle and Gonzales, HOUSE SPONSORSHIP Daugherty and Hartsook, Senate Committees House Committees Health & Human Services A BILL FOR AN ACT C ONCERNING HOSPITAL MEDICAL PRICE TRANSPARENCY .
CONCERNINGHOSPITALMEDICALPRICETRANSPARENCY.
Bill Summary (Note:
Be it enacted by the GeneralAssembly ofthe State ofColorado:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that n applies to the reengrossed version of this bill will be available at d http://leg.colorado.gov.) E e 2 T d 2 N 3 6 The bill requires hospitals to make public a list of all standard S e a charges for all hospital items and services provided to patients.
The n M e standard charges include the gross billed charge, the payer-specific A negotiated charge, the minimum and maximum negotiated charges, and thediscountedcashprice.Thebillalsorequireseachhospitaltomaintain and make public a list of at least 300 shoppable services provided bythe i hospitalor,if thehospitaldoesnotprovide300shoppableservices,allof a 3 R 0 the hospital's shoppable services.
Each hospital is required to report its T d , N 2 1 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
S e r Capital letters or bold & italic numbers indicate new material to be added to existing law.n Ap Dashes through the words or numbers indicate deletions from existing law.
e A updated lists to the department of health care policy and financing (state department).
The bill requires the state department to monitor hospital compliance with the price transparency requirements.
If the state department determines that a hospital is not in compliance, the state departmentisrequiredtoissueawrittennoticetothehospitalandrequire the hospital to submit a corrective action plan.
The bill repeals sections of statute regarding hospital price transparency and debt collection that are currently under the administration and authority of the department of public health and environment and relocates these sections so that hospital price transparency and debt collection are under the state department.
The bill makes a violation of the hospital transparency requirements outlined in the bill a deceptive trade practice under the "Colorado Consumer Protection Act".
Be it enacted by the General Assembly of the State of Colorado:
InColoradoRevisedStatutes,6-1-105,add (1)(bbbb) as follows:
In Colorado Revised Statutes, 6-1-105, add (1)(uuu) as follows:
(bbbb) VIOLATESSECTION25.5-1-904.
(uuu) V IOLATES SECTION 25.5-1-904.
Capital letters or bold & italic numbers indicate added to existing law;
dashes through words or numbers indicate deletionsinglaw andsuch material is notpart of the act.
PART 9 HOSPITAL PRICE TRANSPARENCY 25.5-1-901.[Formerly 25-3-801] Legislative declaration.(1) The general assembly finds and declares that:
PART 9 HOSPITAL PRICE TRANSPARENCY 25.5-1-901.
(a) Section 1001 of the "Patient Protection and Affordable Care Act", of 2010", Pub.L.
[Formerly 25-3-801] Legislative declaration.
111-148, as amended by section 10101 of the "Health Care and Education Reconciliation Act of2010", Pub.L.
(1) The general assembly finds and declares that:
(a) Section 1001 of the "Patient Protection and Affordable Care Act", of 2010",Pub.L.
111-148, as amended by section 10101 of the -2- 252 "Health Care and Education Reconciliation Act of 2010", Pub.L.
78-410, in part, by adding a new section 2718 (e), requiring, in part, that each hospital operating within the United States establish, update, and make publica listofthehospital'sstandard charges forthe itemsandservicesthat the hospital provides;
78-410, in part, by adding a new section 2718 (e), requiring, in part, that each hospital operating within the United States establish, update, and make public a list of the hospital's standard charges for the items and services that the hospital provides;
(b) Effective January 1, 2021, the federal centers for medicare and medicaid servicespublished the final rule to implement the law, codified at CFR 180;
(b) EffectiveJanuary1,2021,thefederalcentersformedicareand medicaidservices published the final ruletoimplementthelaw,codified at 45 CFR 180;
(c) In its summary of the final rule, CMS states that information on hospital standard charges is necessary for the public to "make more informed decisions about their care" and that the "impact of these final policieswillhelptoincreasemarketcompetition,andultimatelydrivedown the cost of health care services, making them more affordable for all patients";
(c) In its summary of the final rule, CMS states that information on hospital standard charges is necessary for the public to "make more informed decisions about their care" and that the "impact of these final policies will help to increase market competition, and ultimately drive down the cost of health care services, making them more affordable for all patients";
(d) On July 9, 2021, President Biden, building upon efforts of past presidents, issued the "Executive Order on Promoting Competition in the American Economy", directing the secretary of the United States department of health and human services tosupport new and existingprice transparency initiatives forospitals;
(d) OnJuly9,2021,PresidentBiden,buildinguponeffortsofpast presidents,issuedthe"ExecutiveOrderonPromotingCompetitioninthe American Economy", directing the secretary of the United States department of health and human services to support new and existing price transparency initiatives for hospitals;
(e) Health-care price transparency is in the best interest of all PAGE 2 -SENATE BILL 23-252 Coloradans, including:
(e) Health-care price transparency is in the best interest of all Coloradans, including:
(I) Thestate government, which purchases health-care services for almost a qualki ONE-FOURTH of all Coloradans;
(I) Thestategovernment,whichpurchaseshealth-careservicesfor almost a quarterE FOURTH of all Coloradans;
(II) Colorado businesses, which fund employee medical expenses;
(II) Coloradobusinesses,whichfundemployeemedicalexpenses;
and (III) Colorado residents, who ultimately bear the brunt of high health-care costs in the form of higher taxes, lower wages, and residents' own out-of-pocket spending;
and (III) Colorado residents, who ultimately bear the brunt of high -3- 252 health-care costs in the form of higher taxes, lower wages, and residents' own out-of-pocket spending;
(f) Moreover, health-care prices in Coloradoareamongthe highest in the nation;
(f) Moreover, health-care prices in Colorado are among the highest in the nation;
(g) However, not all Colorado hospitals are in compliance with all of the disclosure requirements under federal law and other state laws governing health-care price transparency;
(g) However,notallColoradohospitalsareincompliancewithall of the disclosure requirements under federal law and other state laws governing health-care price transparency;
and (h) Thislackofcompliancewithhealth-carepricetransparencylaws by Colorado hospitals decreases the likelihood that Colorado consumers will be fully aware of affordable health-care options before purchasing itemsandservices fromhospitals,placinghealth-careconsumersat greater risk of collection actions and other adverse actions relating to unpaid medical bills.
and (h) This lack of compliance with health-care price transparency laws by Colorado hospitals decreases the likelihood that Colorado consumers will be fully aware of affordable health-care options before purchasing items and services from hospitals, placing health-care consumers at greater risk of collection actions and other adverse actions relating to unpaid medical bills.
(2) Therefore, the general assembly finds and declares that it is imperative to protect Colorado health-care consumers from collection actions and other adverse actions taken by Colorado hospitals during the time when the hospital was not in material compliance with hospital price transparency laws intended to protect health-care consumers.
(2) Therefore, the general assembly finds and declares that it is imperative to protect Colorado health-care consumers from collection actions and other adverse actions taken byColorado hospitals during the timewhenthehospitalwasnotinmaterialcompliancewithhospitalprice transparency laws intended to protect health-care consumers.
As used in this scc ion PART 9, unless thecontext otherwise requires:
As used in this sectionPART9, unless the context otherwise requires:
(1) "Collection action" means any of the following actions taken with respect to a debt for items and services that were purchased from or provided to a patient bya hospital on a date duringwhich the hospital was not in material compliance with hospital pricetransparency laws:
(1)"Collection action" means any of the following actions taken with respect to a debt for items and services that were purchased from or providedtoapatientbyahospitalonadateduringwhichthehospitalwas not in material compliance with hospital price transparency laws:
PAGE 3 -SENATE BILL 23-252 (a) Attempting to collect a debt from a patient or patient guarantor by referring the debt, directly or indirectly, to a debt collectorcollection agency, or other third party retained by or on behalf of the hospital;
(a) Attemptingtocollectadebtfromapatientorpatientguarantor byreferringthedebt,directlyorindirectly,toadebtcollector,acollection -4- 252 agency, or other third party retained by or on behalf of the hospital;
(b) Suingthepatient or patient guarantororenforcingan arbitration or mediation clause in any hospital documents, including contracts, agreements, statements, or bills;
(b) Suing the patient or patient guarantor or enforcing an arbitration or mediation clause in any hospital documents, including contracts, agreements, statements, or bills;
or (c) Directly or indirectlycausing a report to be made to a consumer reporting agency.
or (c) Directly or indirectly causing a report to be made to a consumer reporting agency.
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(2) (a) "Collection agency" means any:
(2)(a) "Collection agency" means any:
(I) Personwhoengagesinabusiness,the principalpurposeofwhich is the collection of debts;
(I) Person who engages in a business, the principal purpose of which is the collection of debts;
(A) Regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due to another;
(A) Regularlycollectsorattemptstocollect,directlyorindirectly, debts owed or due or asserted to be owed or due to another;
(C) Directly or indirectly solicits for collection debts owed or due or asserted to be owed or due to another;
(C) Directlyorindirectlysolicitsforcollectiondebtsowedordue or asserted to be owed or due to another;
(I) Any officer or employee of a creditor while, in the name of the creditor, collecting debts forsuch creditor;
(I) Anyofficeroremployeeof acreditorwhile,inthenameof the creditor, collecting debts for such creditor;
(II) Any person while acting as a collection agency for another person, both of whom are related by common ownership or affiliated by control, if the person actingas a collection agency does so only corporate for creditors to whom it is so related or affiliated and if the principal business of the person is not the collectionof debts;
(II) Any person while acting as a collection agency for another person, both of whom are related by common ownership or affiliated by corporatecontrol,if thepersonactingasacollectionagencydoessoonly for creditors to whom it is so related or affiliated and if the principal business of the person is not the collection of debts;
(III) Any officer or employee oftheUnited States or anystate tothe PAGE 4 -SENATE BILL 23-252 extentthat collectingorattemptingto collectany debt is intheperformance of the officer's or employee's official duties;
(III) Any officer or employee of the United States or any state to the extent that collecting or attempting to collect any debt is in the performance of the officer's or employee's official duties;
(IV) Any person while serving or attempting to serve legal process onany otherperson inconnectionwiththejudicial enforcementof anydebt;
-5- 252 (IV) Anypersonwhileservingorattemptingtoservelegalprocess on any other person in connection with the judicial enforcement of any debt;
(V) Any debt-management services provider operating in compliancewithorexempt fromthe "UniformDebt-Management Services Act", part 2 of article 19 of title 5;
(V) Any debt-management services provider operating in compliance with or exempt from the "Uniform Debt-Management Services Act", part 2 of article 19 of title 5;
(VI) Any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent that:
(VI) Anypersoncollectingorattemptingtocollectanydebtowed or due or asserted to be owed or due another to the extent that:
(A) The activity is incidental to a bona fidefiduciary obligation or a bona fide escrow arrangement;
(A) The activity is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;
(B) The activity concerns a debt that was extended by the person;
(B) The activityconcerns a debt that was extended bythe person;
(C) The activity concerns a debt that was not in default at the time it was obtained by the person;
(C) Theactivityconcernsadebtthatwasnotindefaultatthetime it was obtained by the person;
or (D) Theactivity concernsa debt obtained bytheperson as asecured party in a commercial credit transaction involving the creditor;
or (D) The activity concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor;
(VII) Any person whose principal business is the making of loans or theservicingofdebt not in default and who acts asa loan correspondent, seller and servicer for the owner, or holder of a debt that is secured by a deed of trust on real property, whether or not theebt is also secured by an interest in personalproperty;
(VII) Anypersonwhoseprincipalbusinessisthemakingofloans or the servicing of debt not in default and who acts as a loan correspondent, seller and servicer for the owner, or holder of a debt that is secured by a deed of trust on real property, whether or not the debt is also secured by an interest in personal property;
(VIII) A limited gamingor racing licenseeacting pursuant to article of title 44.
(VIII) A limited gaming or racing licensee acting pursuant to article 33 of title 44.
(c) Notwithstanding the provisions of subsection (2)(b) of this section, "collection agency" includes any person who, in the process of collecting the person's own debts, uses another name that would indicate that athird person is collectingor attempting to collectsuch debts.
(c) Notwithstanding the provisions of subsection (2)(b) of this section, "collection agency" includes anyperson who, in the process of collecting the person's own debts, uses another name that would indicate that a third person is collecting or attempting to collect such debts.
(3) (a) "Consumer reporting agency" means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly PAGE 5-SENATE BILL 23-252 engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
-6- 252 (3) (a) "Consumer reporting agency" means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
"Consumer reporting agency" includes any person defined in 15 U.S.C.
"Consumer reportingagency"includesanypersondefinedin15U.S.C.sec.1681a(f) or section 5-18-103 (4).
sec.
1681a (f) or section 5-18-103 (4).
(4) (a) "Debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction, whether or not the obligation has been reduced to judgment.
(4)(a) "Debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction, whether or not the obligation has been reduced to judgment.
(5) "Debt collector" means any person employed or engaged by a collectionagencytoperformthecollection ofdebtsowed ordueorasserted to be owed or due to another.
(5) "Debt collector" means any person employed or engaged by a collection agency to perform the collection of debts owed or due or asserted to be owed or due to another.
(6) "Federal centers for medicare and medicaidservices" or "CMS" means the centers for medicare and medicaid services in the United States department of health and human services.
(6) "Federal centers for medicare and medicaid services" or "CMS" means the centers for medicare and medicaid services in the United States department of health and human services.
(7) "Hospital" means, consistent with 45 CFR 180.20, a hospital:
(7)"Hospital" means, consistent with 45 CFR 180.20, a hospital:
(a) Licensed or certified by the departmentOF PUBLIC HEALTH AND section 25-1.5-103 (1)(a);
(a) LicensedorcertifiedbythedepartmentUBLICHEALTHAND ENVIRONMENT pursuant to section 25-1.5-103 (1)(a);
or ENVIRONMENT pursuant to (b) Approved by the department OF PUBLIC HEALTH AND ENVIRONMENT asmeetingthestandardsestablished forlicensingahospital.
or (b) Approved by the department OF PUBLIC HEALTH AND -7- 252 ENVIRONMENT as meeting the standards established for licensing a hospital.
(8) "Hospital pricetransparency laws"meanssection 2718(e)ofthe "Public Health Service(PHS) Act", Pub.L.
4 (8) "Hospital price transparencylaws" means section 2718 (e) of the "Public Health Service (PHS)t", Pub.L.
PAGE 6-SENATE BILL 23-252 25.5-1-903.[Formerly 25-3-8031Failure to comply with hospital price transparency laws - prohibiting collection of debt - penalty.
25.5-1-903.
(1)(a) Exrept-as-provided-hr sabseetiorr(-1--)(b)-ofthis-seetionTon-and-after August ,2022,A hospitalthat isnot inmaterial compliancewith hospital price transparency laws on the date that items or services are purchased from or provided to a patient by the hospital shall not initiate or pursue a collection action against thepatient or patient guarantor for a debt owed for the items or services.
[Formerly 25-3-803] Failure to comply with hospital price transparency laws - prohibiting collection of debt - penalty.
5 p ca y tnc acparttlicntpursuantto (2) If a patient believes that a hospital was not in material compliance with hospital price transparency laws ona THEdate un or aftt,L Atignst-1-0720227that items or services were purchased by or provided to the patient, and the hospital takes a collection action against the patient or patient guarantor,thepatient orpatient guarantor may filesuit to determine if:
(1) (a) Except as provided in subsection (1)(b) of this section, on and after August 10, 2022, A hospital that is not in material compliance with hospital price transparency laws on the date that items or services are purchased from or provided to a patient by the hospital shallnotinitiateorpursueacollectionactionagainstthepatientorpatient guarantor for a debt owed for the items or services.
(a) The hospital was materially out of compliance with the hospital pricetransparency laws,and rules,and ORregulationson the dateof scrvicc THEITEMSORSERVICESWERE PROVIDED;and if (b) The noncompliance is related to the items or services.
(b) This part 8 applies, on and after February15, 2023, to critical access hospitals licensed and certified by the department pursuant to 42 CFR 485 subpart F.
The hospital shall not take a collection action against the patient or patient guarantor while the lawsuit ispending.
(2) If a patient believes that a hospital was not in material compliance with hospital price transparency laws on a date on or after August 10, 2022,that items or services were purchased by or provided to the patient, and the hospital takes a collection action against the patient or patient guarantor, the patient or patient guarantor may file suit to determine if:
(3) A-hospitaEthat-has-beerrfound-byIFajudge or jury, considering compliance standards issued by the federal centers for medicare and medicaid services, FINDSAHOSPITAL to be materially out of compliance with hospital price transparency laws, and rules, and ORregulations, THE HOSPITALSHALL:
-8- 252 (a) The hospital was materially out of compliance with the hospitalpricetransparencylaws,andrules,andOR regulationsonthedate of serviceHE ITEMS OR SERVICES WERE PROVIDED ;
(a) ShallRefundthepayerany amountofthedebt thepayer haspaid and shall pay a penalty to the patient or patientguarantor in an amount equal to the total amount of the debt;
and if (b) The noncompliance is related to the items or services.
(b) Shall Dismiss or cause to be dismissed any court action with prejudice and pay any attorney fees and costs incurred by the patient or PAGE 7-SENATE BILL 23-252 patienguarantor relating to the action;and (c) Remove or cause to be removedfrom the patient's or patient guarantor's crereport any report made to a consumer reporting agency relating to the debt;
The hospital shall not take a collection action against the patient or patient guarantor while the lawsuit is pending.
AND (d) NOTIFY THE STATE DEPARTMENT OF THE MATERIAL NONCOMPLIANCEWITHHOSPITALPRICETRANSPARENCYLAWS, RULES,OR REGULATIONS.
(3) A hospital that has been found by F a judge or jury, considering compliance standards issued by the federal centers for medicareandmedicaidservices, FINDSAHOSPITAL tobemateriallyoutof compliance with hospital price transparency laws, andules, and OR regulations,HE HOSPITAL SHALL :
(4)Nothing in this part-8 PART9:
(a) ShallRefund the payer any amount of the debt the payer has paid and shall pay a penalty to the patient or patient guarantor in an amount equal to the total amount of the debt;
(a) Prohibits a hospfrom billing a patient, patient guarantor, or third-party payer, including a health insurer, for items or services provided to thpatient;
(b) ShallDismiss or cause to be dismissed any court action with prejudice and pay any attorney fees and costs incurred by the patient or patient guarantor relating to the action;
or (b) Requires a hospital to refund any payment made to the hospital for items orservices provided to the patient, so longas no collection action is taken in violation opart 8PART9.
and (c) Remove or cause to be removed from the patient's or patient guarantor's credit report anyreport madetoaconsumer reporting agency relating to the debt;
25.5-1-904.
(d) N OTIFY THE STATE DEPARTMENT OF THE MATERIAL NONCOMPLIANCEWITHHOSPITALPRICETRANSPARENCYLAWS ,RULES ,OR REGULATIONS .
(4) Nothing in this part 8RT 9:
(a) Prohibits a hospital from billing a patient, patient guarantor, or third-party payer, including a health insurer, for items or services provided to the patient;
or -9- 252 (b) Requiresahospitaltorefundanypaymentmadetothehospital for items or services provided to the patient, so long as no collection action is taken in violation of this part 8 25.5-1-904.
(1) ONORBEFOREOCTOBER1,2023, EACHHOSPITALSHALLMAKEPUBLICAND POSTTHEHOSPITAL'SMEDICARE REIMBURSEMENTRATES, IFAPPLICABLE.
(1) On or before October 1, 2023, EACH HOSPITAL SHALL MAKE PUBLIC AND POST THE HOSPITAS MEDICARE REIMBURSEMENT RATES ,IF APPLICABL.
CONDUCT PERFORMANCE (2) (a) THE STATE DEPARTMENTSHALL ASSESSMENTSFORADHERENCETOFEDERAL TRANSPARENCYRULESBY:
(2) (a) HE STATE DEPARTMENT SHALL CONDUCT PERFORMANCE ASSESSMENTS FOR ADHERENCE TO FEDERAL TRANSPARENCY RULES BY :
(I) REVIEWINGRELEVANT INFORMATIONPROVIDEDTOTHESTATE DEPARTMENT CONCERNING A HOSPITAL'S PERFORMANCE ASSESSMENT IN CONNECTIONWITHTHISSECTION;
(I) RVIEWINGRELEVANTINFORMATIONPROVIDEDTOTHESTATE DEPARTMENT CONCERNING A HOSPITAL S PERFORMANCE ASSESSMENT IN CONNECTION WITH THIS SECTION;
(II) AUDITINGHOSPITALWEBSITESFORPERFORMANCE RELATIVETO FEDERALPRICE TRANSPARENCYRULES,ANDIN EVALUATINGPERFORMANCE, THE DEPARTMENT SHALL FOLLOW RULES, STANDARDS, AND GUIDANCE MEDICAID;AND PUBLISHEDBYTHEFEDERAL CENTERSFORMEDICAREAND (III) CONFIRMING THAT EACH HOSPITAL SUBMITTED THE LISTS REQUIRED BYTHISSECTION.
(II) ADITINGHOSPITALWEBSITESFORPEFORMANCERELATIVETO FEDERAL PRICE TRANSPARENCY RULES , AND IN EVALUATING PERFORMANCE ,THE DEPARTMENT SHALL FOLLOW RULES ,STANDARDS , ANDGUIDANCEPUBLISHEDBYTHEFEDERALCENTERSFORMEDICAREAND MEDICAID ;AND (III) CONFIRMING THAT EACH HOSPITAL SUBMITTED THE LISTS REQUIRED BY THIS SECTIO.
PAGE 8 -SENATE BILL 23-252 (b) IFTHESTATE DEPARTMENTDETERMINESTHATAHOSPITALHAS PERFORMED POORLY IN ITS PERFORMANCE ASSESSMENT, THE STATE DEPARTMENTMAY:
(b) I THE STATE DEPARTMENT DETERMINES THAT A HOSPITAL HAS PERFORMED POORLY IN ITS PERFORMANCE ASSESSMENT ,THE STATE DEPARTMENT MAY :
(I) ISSUE A WRITTEN NOTICE TO THE HOSPITAL THAT CLEARLY EXPLAINS THEMANNERINWHICHTHEDEPARTMENTDETERMINEDTHATTHE HOSPITAL PERFORMED POORLY ON THE ADHERENCE TO PRICE TRANSPARENCY;AND (II) PROVIDETECHNICALASSISTANCE TO THEHOSPITALTOIMPROVE PERFORMANCE.
(I) ISUE A WRITTEN NOTICE TO THE HOSPITAL THAT CLEARLY EXPLAINS THE MANNER IN WHICH THE DEPARTMENT DETERMINED THAT THE HOSPITAL PERFORMED POORLY ON THE ADHERENCE TO PRICE TRANSPARENCY ;AND (II) PROVIDE TECHNICAL ASSISTANCE TO THE HOSPITAL TO -10- 252 IMPROVE PERFORMANCE .
(3) ON OR BEFORE FEBRUARY 1, 2024, THE STATE DEPARTMENT SHALLCREATEANDMAINTAINAPUBLICLYAVAILABLELISTONITS WEBSITE OFHOSPITALSTHATPERFORMPOORLYONTHEDEPARTMENT'SPERFORMANCE ASSESSMENT.SUCHNOTICESANDCOMMUNICATIONSARESUBJECTTOPUBLIC DISCLOSUREUNDER5 U.S.C.
(3) ON OR BEFORE FEBRUARY 1, 2024THE STATE DEPARTMENT SHALL CREATE AND MAINTAIN A PUBLICLY AVAILABLE LIST ON ITS WEBSITE OF HOSPITALS THAT PERFORM POORLY ON THE DEPARTMENT S PERFORMANCEASSESSMENT .SUCH NOTICES AND COMMUNICATIONSARE SUBJECT TO PUBLIC DISCLOSURE UNDER5U.S.C.SEC .552,AS AMENDED , NOTWITHSTANDINGANYEXEMPTIONSOREXCLUSIONSTOTHECONTRARY , IN FULL WITHOUT REDACTION .
SEC.
HE STATE DEPARTMENT SHALL UPDATE THE LIST AT LEAST ANNUALLY.
552, ASAMENDED, NOTWITHSTANDING ANY EXEMPTIONSOR EXCLUSIONSTOTHE CONTRARY, IN FULL WITHOUT REDACTION.
(4) A PERSON THAT VIOLATES SUBSECTION (1)OR (5)OF THIS SECTION COMMITS A DECEPTIVE TRADE PRACTICE UNDER SECTION 6-1-105.
THE STATE DEPARTMENTSHALL UPDATETHE LISTAT LEAST ANNUALLY.
(4) A PERSON THAT VIOLATES SUBSECTION (1) OF THIS SECTION COMMITSADECEPTIVETRADEPRACTICEUNDERSECTION6-1-105.
This act takes effect at2:01 a.m.
This act takes effect at 12:01 a.m.
on the day following the expiration of the ninety-day periodfter final adjournment of the general assembly;
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if aferendum petition is filed pursuant to section 1rticle V ofthestateconstitution againstthisactoran item,section,t ofthisact within such period, then the act, section, or part will noteffect unless approved by the people atthe general electiono be held in PAGE 9 -SENATE BILL 23-252 November2024 and, in such case,will take effect on the date ofthe official declaration of the vote thereon by the governor.
-11- 252
S byeFenberg Tulie McClus le PRESSENATEOF SPEAKER OF THE HOUSE THE OF REPRESENTATIVES C M a t b e .a -tiltin g ° Cindi L.
Markwell Robin Jones SECRETARY OF CHIEF CLERK 0 THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED cV-,(4-1 ' ,..L,..,7 03,A -TA4 )AL, (Date and Time) Jar RNOR T E STATE OF OLORADO PAGE 10-SENATE BILL23-252 State ofColorado Senate Bill No.
23-252 By Senator(s) Van Winkle and Gonzales, Buckner, et al.;
Also Representative(s) Daugherty and Hartsook, Amabile, et al.
An Act CONCERNING HOSPITALMEDICAL PRICE TRANSPARENCY.
STATE OF COLORADO, SS.
THIS ACT ORIGINATED IN THE SENATE Secretary of the Senate STATE OF COLORADO, ) GOVERNORS OFFICE ) SS.
This Act was filed in my office this day of Mc4V i A.D.
20 `),3 , at 1 1 1 1 o'cl ck L.
ove or By ..lr.,,cir,b C (b\r,1 e•-•,, STATE OF COLORADO, ) SECRETARY'S OFFICE ) SS.
This Act was filedn my office this day of , at o'clock M.
Secretaryof State By
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