(1) Before a lien is created, every hospital duly licensed by the department of public health and environment, pursuant to part 1 of article 3 of title 25, C.R.S., which furnishes services to any person injured as the result of the negligence or other wrongful acts of another person and not covered by the provisions of the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., shall submit all reasonable and necessary charges for hospital care or other services for payment to the property and casualty insurer and the primary medical payer of benefits available to and identified by or on behalf of the injured person, in the same manner as used by the hospital for patients who are not injured as the result of the negligence or wrongful acts of another person, to the extent permitted by state and federal law.
(2) If no payers of benefits are identified for the injured person due to lack of insurance, a lien may be created.
(3) If a hospital is notified of a payer of benefits after it creates a lien, the hospital shall make good-faith attempts to submit reasonable and necessary charges for hospital care or other services to the identified payer in the same manner as used by the hospital for patients who are not injured as the result of the negligence or wrongful acts of another person.
(4) After a hospital satisfies the requirements of this section, and subject to this article, the hospital shall have a lien for all reasonable and necessary charges for hospital care upon the net amount payable to the injured person or to his or her heirs, assigns, or legal representatives out of the total amount of any recovery or sum had or collected, or to be collected, whether by judgment, settlement, or compromise, by the person or his or her heirs or legal representatives as damages on account of the injuries.
(5) Nothing in this section authorizes a hospital to collect or attempt to collect money from a person as prohibited by section 8-42-101 (4), 8-43-207 (1)(o), or 10-16-705 (3), C.R.S.
(6) Nothing in this section changes any obligation of the hospital or its agents under the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, C.R.S.
(7) An injured person who is subject to a lien in violation of this section may bring an action in a district court to recover two times the amount of the lien attempted to be asserted.
(8) The lien of attorneys- and counselors-at-law created by section 13-93-114 has precedence over and is senior to the lien created under this section. This article 27 does not apply to any hospital charges incurred after the date of any such judgment, settlement, or compromise.
(9) For purposes of this section, "payer of benefits" means:
(a) An insurer;
(b) A health maintenance organization;
(c) A health benefit plan;
(d) A preferred provider organization;
(e) An employee benefit plan;
(f) A program of medical assistance under the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, C.R.S.;
(g) The children's basic health plan, article 8 of title 25.5, C.R.S.;
(h) Any other insurance policy or plan; or
(i) Any other benefit available as a result of a contract entered into and paid for by or on behalf of an injured person.
Source: L. 67: p. 880, § 1. C.R.S. 1963: § 86-8-1. L. 90: Entire section amended, p. 574, § 72, effective July 1. L. 94: Entire section amended, p. 2805, § 577, effective July 1. L. 2015: Entire section amended, (SB 15-265), ch. 260, p. 981, § 1, effective August 5. L. 2017: (8) amended, (SB 17-227), ch. 192, p. 705, § 6, effective August 9.
Notes of Decisions
Trevino v. HHL Fin. Servs., Inc., 945 P.2d 1345 (Colo. 1997).
· cites it 20× “1996), the court of appeals held that neither the common fund doctrine nor a provision in section 38-27-101, 16A C.R.S. (1996 Supp.”
v. Centura Health Corp., 2020 COA 38 (Colo. Ct. App. 2020).
· cites it 25× “See § 38-27-101, C.R.S. 2019. The division concludes that (1) the statute requires a hospital to bill Medicare before filing a lien; (2) the legislative history supports this interpretation; and (3) this interpretation does not conflict with federal law.”
v. Centura, 2020 COA 18 (Colo. Ct. App. 2020).
· cites it 38× “1, § 38-27-101, 2015 Colo. Sess. Laws 981 -83.”
Smith v. Jeppsen, 277 P.3d 224 (Colo. 2012).
· cites it 6× “(b) Lien rights of hospitals pursuant to section 38-27-101, C.R.S., or of the department of health care policy and financing pursuant to section 25.”
Wainscott v. Centura Health Corp., 351 P.3d 513 (Colo. Ct. App. 2014).
· cites it 3× “§ 38-27-101, C.R.8.2018. {10 To perfect the lien, the hospital must file a lien notice with the secretary of state and send a copy to specified persons: Such lien shall take effect if, prior to any such judgment, settlement, or compromise, a written notice of lien containing the…”
Trevino v. HHL Fin. Servs., Inc., 928 P.2d 766 (Colo. Ct. App. 1996).
· cites it 7× “” In October 1993, HHL filed a hospital hen authorized under § 38-27-101, C.R.S. (1995 Cum.Supp.) on behalf of University Hospital against any amount that Trevino might recover from a third party.”
Strunk v. Goldberg, 258 P.3d 334 (Colo. Ct. App. 2011).
“See §§ 38-27-101 to - 105, C.R.S.2010 (any person who pays money to an injured person may be liable to a hospital possessing a hospital lien).”
v. Boulder Cmty. Health, 2018 COA 126 (Colo. Ct. App. 2018).
· cites it 19× “Boulder Community Health — Creditors and Debtors — Hospital Liens — Lien for Hospital Care A division of the court of appeals considers whether the hospital lien statute, section 38-27-101, C.R.S. 2017, provides an injured person the right to sue for twice the amount of an…”
— Colo. Rev. Stat. § 38-27-101(1) — 4 cases
v. Centura, 2020 COA 18 (Colo. Ct. App. 2020).
“1, § 38-27-101, 2015 Colo. Sess. Laws 981 -83.”
v. Centura Health Corp., 2020 COA 38 (Colo. Ct. App. 2020).
“See § 38-27-101, C.R.S. 2019. The division concludes that (1) the statute requires a hospital to bill Medicare before filing a lien; (2) the legislative history supports this interpretation; and (3) this interpretation does not conflict with federal law.”
v. Boulder Cmty. Health, 2018 COA 126 (Colo. Ct. App. 2018).
“Boulder Community Health — Creditors and Debtors — Hospital Liens — Lien for Hospital Care A division of the court of appeals considers whether the hospital lien statute, section 38-27-101, C.R.S. 2017, provides an injured person the right to sue for twice the amount of an…”
— Colo. Rev. Stat. § 38-27-101(2) — 1 case
v. Centura Health Corp., 2020 COA 38 (Colo. Ct. App. 2020).
“See § 38-27-101, C.R.S. 2019. The division concludes that (1) the statute requires a hospital to bill Medicare before filing a lien; (2) the legislative history supports this interpretation; and (3) this interpretation does not conflict with federal law.”
— Colo. Rev. Stat. § 38-27-101(4) — 1 case
— Colo. Rev. Stat. § 38-27-101(6) — 1 case
v. Centura Health Corp., 2020 COA 38 (Colo. Ct. App. 2020).
“See § 38-27-101, C.R.S. 2019. The division concludes that (1) the statute requires a hospital to bill Medicare before filing a lien; (2) the legislative history supports this interpretation; and (3) this interpretation does not conflict with federal law.”
— Colo. Rev. Stat. § 38-27-101(7) — 3 cases
v. Centura Health Corp., 2020 COA 38 (Colo. Ct. App. 2020).
“See § 38-27-101, C.R.S. 2019. The division concludes that (1) the statute requires a hospital to bill Medicare before filing a lien; (2) the legislative history supports this interpretation; and (3) this interpretation does not conflict with federal law.”
v. Centura, 2020 COA 18 (Colo. Ct. App. 2020).
“1, § 38-27-101, 2015 Colo. Sess. Laws 981 -83.”
v. Boulder Cmty. Health, 2018 COA 126 (Colo. Ct. App. 2018).
“Boulder Community Health — Creditors and Debtors — Hospital Liens — Lien for Hospital Care A division of the court of appeals considers whether the hospital lien statute, section 38-27-101, C.R.S. 2017, provides an injured person the right to sue for twice the amount of an…”
— Colo. Rev. Stat. § 38-27-101(9) — 2 cases
v. Centura Health Corp., 2020 COA 38 (Colo. Ct. App. 2020).
“See § 38-27-101, C.R.S. 2019. The division concludes that (1) the statute requires a hospital to bill Medicare before filing a lien; (2) the legislative history supports this interpretation; and (3) this interpretation does not conflict with federal law.”
v. Centura, 2020 COA 18 (Colo. Ct. App. 2020).
“1, § 38-27-101, 2015 Colo. Sess. Laws 981 -83.”
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