023625BF48201E91872586D20070B77A Hearing Summary

The committee recessed.

The committee returned to order. Representatives Weissman and Neville, prime sponsors, presented House Bill 21-1300, concerning health-care provider liens related to charges for health care provided to a person injured as a result of the negligence or wrongful acts of another person. Representative Weissman explained the effect of the bill and discussed its need. Representative Neville provided additional information on the genesis of the legislation, and spoke to the merits of the bill. Discussion ensued regarding how "usual and customary" will be used in a litigation environment.

Caleb Meyer, representing the Colorado Civil Justice League, testified in opposition to HB 21-1300.

Kelly Campbell, representing the American Casualty and Property Insurance Association, testified in opposition to the bill.

Patrick Boyle, representing the Colorado Competitive Council, testified in opposition to the bill.

Discussion ensued regarding how "usual and customary" is used to determine the value of care in a litigation setting, and the need for a third-party to be involved in this determination. Discussion followed regarding the number of trial cases that might be affected by the bill, and treatment of medical lean providers as compared to health insurers under the bill. Mr. Meyer responded to questions regarding admissible evidence in medical leans cases. Mr. Boyle responded to further questions regarding evidence admissibility. Mr. Meyer responded to questions regarding the lien negotiation process.

Lori Jacobs, representing the Colorado Association for Health Care Access, testified in support of HB 21-1300.

Christopher Ross, representing the Colorado Association for Health Care Access, testified in support of the bill.

Glenn Mahler, representing the Colorado Association for Health Care Access, testified in support of the bill.

Nate Norman, representing Well States Health Care, testified in support of the bill.

Mr. Ross and Ms. Jacobs responded to questions regarding how they became aware of a company that helped them with medical bills, and the role of this company in facilitating medical care. Mr. Norman responded to questions regarding limitations on discovery by HB 21-1300, and cost determination during a trial. Mr. Norman responded to questions regarding the determination of "usual and customary" for the purposes of medical care charges, and how his company solicits clients. Mr. Norman responded to further questions regarding the number of cases involving a third-party lien company that go to trial, and provided an overview of his business model. Discussion returned to the establishment of "usual and customary" medical costs for court purposes.

Nancy Viruet, representing the Colorado Association for Health Care Access, testified in support HB 21-1300. Pamela Knight, representing the Colorado Association for Health Care Access, testified in support of the bill. Perry Rickel, representing the Colorado Association for Health Care Access, testified in support of the bill. Matt Holycross, representing himself, testified in support of the bill. Discussion ensued regarding the effect of a forthcoming amendment. Mr. Holycross responded to questions regarding the reimbursement process and rate structure associated with medical lien companies, and the discovery process with respect to medical rates during litigation. Discussion returned to forthcoming amendment L.003 (Attachment B).

Ibrahim Armiyadu, representing the Franklin D. Azar Law Firm, testified in support of HB 21-1300.

Representative Weissman explained the effect of amendment L.002 (Attachment C), along with an accompanying memorandum prepared by Legislative Council Staff (Attachment D). Discussion ensued regarding the merits of the amendment.

Representative Carver explained the effect of amendment L.003. Discussion ensued regarding the merits of the amendment.

Discussion continued regarding the merits of amendment L.003.

Representatives Weissman and Neville provided closing remarks in support of HB 21-1300. Various committee members provided their positions on the bill.