Address: 5800 E. Evans Ave. Denver, CO 80222
IMPORTANT NOTICE TO PATIENT
You are receiving health-care services under a health-care provider lien. A health-care provider lien is related to charges for health-care services provided to a person injured as a result of another person's negligence or wrongful acts and is asserted against money received from a claim against a third party or under an uninsured or underinsured motorist insurance policy.
Before this lien is created, Colorado law requires that you receive the following disclosures and advisements.
1. OPTIONS FOR PAYMENT OF YOUR HEALTH-CARE CHARGES
Potential methods for payment of the health-care provider's billed charges include:
A. Creation of a health-care provider lien;
B. Use of benefits available from any payer of benefits, as defined by Colorado law, to which you are a beneficiary. You may obtain information concerning the payer's provider network from the payer of benefits or the health-care provider;
C. Any other payment method or arrangement agreed to in writing by you and the health-care provider or its assignee; or
D. A combination of the payment methods described above.
2. PROVIDER IS NOT AN INSURER
You are advised that the health-care provider, and any assignee of the health-care provider lien, is not a health insurer or payer of benefits and does not pay or reimburse health-care expenses or services.
3. IMPORTANT LIMITATIONS ON YOUR PERSONAL LIABILITY
Except in the event of fraud or misrepresentation by the injured person:
A. No Recovery. If you do not receive a judgment, settlement, or payment on your claim against a third party or under an uninsured or underinsured motorist insurance policy, you are not liable to the holder of the health-care provider lien for any portion of the lien.
B. Recovery Less Than the Lien. If your net judgment, settlement, or payment is less than the full amount of the health-care provider lien, you are not liable for any amount of the lien beyond your net judgment, settlement, or payment. For purposes of Colorado's health-care provider lien law, a "net judgment, settlement, or payment" generally means the proceeds received on the applicable claim after reasonable attorney fees and litigation expenses, if any.
C. No Direct Action for the Excess. The lienholder may not file a complaint or counterclaim directly against you to obtain reimbursement for an amount beyond your net judgment, settlement, or payment.
Nothing in this provision prevents a health-care provider or assignee from initiating a declaratory judgment action, participating in an interpleader action or claim under the Colorado Rules of Civil Procedure, or participating in another similar action or claim to determine the provider's or assignee's share of the net judgment, settlement, or payment.
D. No Collection-Agency Assignment. The health-care provider or its assignee may not assign the health-care provider lien to a collection agency or debt collector.
These limitations appear both in the mandatory disclosures under §104 and the substantive limitations under §105.
4. LIMIT ON THE AMOUNT OF THE LIEN
The amount of the health-care provider lien must not exceed the charges for services actually provided to you at the time of service at a rate equal to the provider's usual and customary billed charge. Colorado law defines a "usual and customary billed charge" as a provider's billed charge in the absence of insurance for a service that is similar to billed charges for like services provided by other health-care providers in the same geographic area. The provider or its assignee will not add a finance charge or otherwise increase the provider's usual and customary billed charge when creating or claiming this health-care provider lien. You are obligated under the lien only for the amount permitted by Colorado's health-care provider lien law.
5. COMMON OWNERSHIP DISCLOSURES
Common ownership between the holder of this lien and your legal counsel:
☐ None
☐ Yes — Description: ______________________________________________
Common ownership between an assignee of this lien and a health-care provider providing or potentially providing treatment under this lien:
☐ None / Not applicable
☐ Yes — Description: ______________________________________________
6. FUTURE HEALTH INSURANCE
If you obtain health insurance after this health-care provider lien has been created and you or your legal counsel informs the lienholder, all future care may be billed to your health insurance carrier at your discretion.
Any unpaid amount that remains subject to a valid health-care provider lien will continue to be asserted against the applicable judgment, settlement, or payment arising from the injury or incident, subject to all limitations and protections provided by C.R.S. Article 27.5 of Title 38.
7. COLORADO MEDICAL ASSISTANCE
Nothing in this agreement changes any obligation of the health-care provider or its agents under the Colorado Medical Assistance Act, Articles 4 through 6 of Title 25.5, C.R.S.
8. ITEMIZED STATEMENTS
Upon request by you or your legal counsel, the holder of the health-care provider lien will provide you in writing with an itemized statement of billed charges comprising the value of the lien as those charges accrue, to the extent practicable.
When the lien is final, the final itemized statement will include:
A summary of all treatments provided;
The total amounts billed for each treatment; and
The total amount of the health-care provider lien due and owing.
9. ACKNOWLEDGMENT AND CREATION OF HEALTH-CARE PROVIDER LIEN
I acknowledge that I received and reviewed the disclosures and advisements above before creation of this health-care provider lien. I understand the payment options described above and voluntarily elect to receive applicable health-care services on a health-care provider lien basis. To the extent permitted by Colorado law, I grant the health-care provider a lien against money I receive from my applicable claim or claims against third parties or under an uninsured or underinsured motorist insurance policy for the accident or incident identified above. I understand that this lien is subject to all limitations and protections provided by C.R.S. Article 27.5 of Title 38, including the limitations described in this agreement. I acknowledge that I have had an opportunity to ask questions regarding this agreement before signing it.
10. DIRECT PAYMENT TO PATIENT
If an insurance company, payer of benefits, third-party liability carrier, uninsured/underinsured motorist carrier, or other responsible payer issues payment directly to me that is specifically attributable to or intended as payment or reimbursement for health-care services provided by the Health-Care Provider, I agree to notify the Health-Care Provider promptly and remit to the Health-Care Provider the applicable amount received for those services.
I agree not to knowingly spend, transfer, conceal, or otherwise dispose of funds specifically identified as payment or reimbursement for the Health-Care Provider's services before satisfying the amount lawfully payable to the Health-Care Provider.
Payment is due within seven (7) calendar days after my receipt of such funds.
Nothing in this provision increases my liability beyond the amount permitted under C.R.S. Article 27.5 of Title 38 or waives any protection provided to me by Colorado law.