A Bill for an Act
Page 1, Line 101Concerning protections for medical malpractice insurers
Page 1, Line 102relating to gender-affirming care provided to minors.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, a medical malpractice insurer (insurer) is prohibited from increasing premiums for, refusing to issue, canceling, terminating, or refusing to renew a medical malpractice insurance policy (prohibited actions). The bill permits an insurer to take prohibited actions against an applicant or named insured, including an individual health-care professional or business, or against a health-care facility, such as a hospital or clinic, that allows the use of facilities, equipment, or supplies for, or provides, prescribes, orders, or performs, gender-affirming health-care services for an individual who is a minor under 18 years of age.
The bill also prohibits an insurer from accepting state money for the payment of premiums if the malpractice policy covers actions relating to providing gender-affirming health-care services to minors.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 10-4-109.6, add (1.5) as follows:
Page 2, Line 310-4-109.6. Medical malpractice insurers - protections relating
Page 2, Line 4to reproductive health care - permissive denial of coverage for
Page 2, Line 5gender-affirming care - prohibition on use of state money for
Page 2, Line 6premiums - definition. (1.5) (a) Notwithstanding the prohibition
Page 2, Line 7in subsection (1) of this section, an insurer that issues medical
Page 2, Line 8malpractice insurance may take a prohibited action against an
Page 2, Line 9applicant or the named insured under a medical malpractice insurance policy if:
Page 2, Line 10(I) The applicant states the applicant's intention to allow
Page 2, Line 11the applicant's facilities, equipment, or supplies to be used for, or
Page 2, Line 12to provide, prescribe, order, or perform, gender-affirming
Page 2, Line 13health-care services, as defined in section 12-30-121 (1)(c), for an individual who is a minor under eighteen years of age; or
Page 2, Line 14(II) The named insured allows the named insured's
Page 2, Line 15facilities, equipment, or supplies to be used for, or provides,
Page 2, Line 16prescribes, orders, or performs, gender-affirming health-care
Page 2, Line 17services, as defined in section 12-30-121 (1)(c), for an individual who is a minor under eighteen years of age.
Page 2, Line 18(b) An insurer shall not accept state money for the
Page 3, Line 1payment of medical malpractice insurance premiums if the
Page 3, Line 2malpractice insurance policy that the insurer sold to the named
Page 3, Line 3insured insures against actions described in subsection (1.5)(a)(II) of this section.
Page 3, Line 4SECTION 2. Applicability. This act applies to malpractice
Page 3, Line 5insurance policies offered, issued, or renewed on or after the effective date of this act.
Page 3, Line 6SECTION 3. Safety clause. The general assembly finds,
Page 3, Line 7determines, and declares that this act is necessary for the immediate
Page 3, Line 8preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 9the support and maintenance of the departments of the state and state institutions.