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HB23-1218

Health Facility Patient Information Denied Service

Concerning requiring that a health-care facility inform patients as part of the informed consent process of services that the health-care facility refuses to provide to patients when the refusal is for nonmedical reasons, and, in connection therewith, making an appropriation.
Session:
2023 Regular Session
Subjects:
Health Care & Health Insurance
Public Health
Bill Summary

The bill requires the department of public health and environment (department) to identify reproductive health-care services, LGBTQ health-care services, and end-of-life health-care services that are or may be subject to a denial of care in this state (identified health-care services) and to develop a simple service availability form to be filled out by a covered entity for the purpose of conveying to patients and to the public information about the identified health-care services that, for nonmedical reasons, are not generally available at the covered entity or that are subject to significant restriction at the covered entity.

The bill defines:

  • "Covered entity" as a hospital, community clinic, maternity hospital, freestanding emergency department, or rehabilitation hospital, but "covered entity" does not include a health-care professional or a hospital, community clinic, or other facility owned or operated by the state;
  • "Denial of care", in part, as refusal to provide health-care services for nonmedical reasons; and
  • "Nonmedical reasons", in part, as nonclinical criteria, rules, or policies that restrict health-care professionals and covered entities from providing health-care services that the professionals or facilities are authorized or licensed to provide.

The bill also provides definitions for the identified health-care services and various related terms.

The bill includes requirements for the content and format of the service availability form and requires the department to publish and maintain on its public-facing website a list of covered entities and the service availability form for the covered entity.

The bill authorizes the department to update the service availability form at least biennially. The executive director of the department shall adopt rules to implement the requirements in the bill and investigate complaints and assess fines against covered entities that fail to comply with the requirements in the bill.The department shall implement a public awareness program that includes how denial of care may negatively impact health-care access and quality of care, how denial of care may be avoided, and the impacts of denial of care on vulnerable people and communities.

A covered entity shall provide patients with the current service availability form as part of the informed consent process prior to initiating a health-care service and shall maintain a record of the patient's receipt of the form. The covered entity shall encourage health-care professionals with privileges at the covered entity to share the covered entity's service availability form with a patient when a health-care service is scheduled at the covered entity.

The state board of health shall adopt rules to implement the bill.For the 2023-24 state fiscal year, the bill appropriates $64,627 to the department from the general fund to implement the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text

Email addresses for the Colorado legislature have changed from the @state.co.us domain to the @coleg.gov domain on December 1, 2022. Details