The bill introduces several requirements for emergency departments in Colorado to ensure the provision of emergency medical services:
Mandatory Treatment: Emergency departments, including labor and delivery units, must provide emergency medical services to any patient who presents for care.
Centralized Patient Log: For each individual seeking treatment, emergency departments are required to record in a central log whether the person:
Refused treatment.
Was denied treatment.
Was admitted and treated.
Was stabilized and transferred.
Was discharged.
Non-Discrimination Clause: Emergency departments are prohibited from denying or discriminating in the provision of emergency medical services based on specific patient characteristics.
Availability of Health-Care Providers: Protocols must be implemented to ensure that a health-care provider is available at all times to deliver emergency medical services. However, providers are not obligated to offer services that conflict with their sincerely held religious beliefs. Additionally, emergency departments cannot take adverse actions against providers who choose to provide or refuse services on these grounds.
Payment Inquiry Restrictions: Inquiries about a patient's ability to pay for services are prohibited until after the emergency medical services have been rendered.
Conditions for Transfer or Discharge: Patients with emergency medical conditions cannot be transferred or discharged unless specific conditions outlined in the bill are met.
Legal Enforcement and Penalties: The Attorney General is authorized to initiate civil actions seeking injunctive relief or civil penalties up to $50,000 against any emergency department or health-care provider that negligently violates the bill's requirements. Furthermore, individuals who suffer personal injury due to such violations have the right to pursue private legal action.
This legislation aims to ensure that all patients receive necessary emergency medical care without discrimination and establishes clear protocols and legal recourse to uphold these standards.
Summary
The bill requires an emergency department, including a labor and
delivery department, to provide emergency medical services to a patient who presents to the emergency department.
For each person who presents to an emergency department for
treatment, the bill requires the emergency department to input into a central log whether the person refused treatment or was denied treatment, or whether the person was admitted and treated, stabilized and transferred, or discharged. The bill prohibits an emergency department from denying or
discriminating in providing emergency medical services to a patient because of certain characteristics.
The bill requires an emergency department to implement a
protocol to ensure a health-care provider is available at all times who is willing and able to provide emergency medical services; except that a health-care provider is not required to provide emergency medical services if the emergency medical services conflict with the health-care provider's sincerely held religious beliefs. The bill prohibits an emergency department from taking any adverse action against a health-care provider who provides or refuses to provide emergency medical services.
The bill prohibits an emergency department from inquiring about
a patient's ability to pay for emergency medical services until after the services have been rendered.
The bill prohibits an emergency department from transferring or
discharging a patient with an emergency medical condition unless certain conditions are met.
An emergency department does not violate the bill requirements
if certain conditions are met.
The bill authorizes the attorney general to bring a civil action to
seek injunctive relief or a civil penalty not to exceed $50,000 against an emergency department or examining health-care provider who negligently violates the requirements of the bill. The bill creates a private right of action for a person who suffers personal injury by an emergency department.
