Turn up the heat in the liability fight: Act now 

Trial lawyers are threatening to make health care more expensive, harder to access and less safe in Colorado. It’s imperative that we solve this issue now at the State Capitol. CMS is working with COPIC, Coloradans Protecting Patient Access, and others in support of Senate Bill 130 to ward off this threat. This bill is the reasonable and responsible alternative to these ballot initiatives that will provide fair compensation to plaintiffs while still protecting patient safety, quality of care, affordability, and health care access for all Coloradans. We need your help now to turn up the political heat to be successful. 

The trial lawyers have ramped up their misguided attacks by filing four new ballot initiatives. Now, there are five total in play: #150 and #277 are direct attacks on liability caps, #274, #275 and #276 are going after confidential information, including peer review, quality improvement and medical records. If passed, these ballot initiatives would drive up the cost of health care in our state and reduce access to care for patients, with the damage starting in rural areas.  

We can’t afford to put health care at risk for millions of Coloradans just to line the pockets of a small group of attorneys. 

We need your immediate action:

• Contact your legislators to urge their support of SB24-130 -- which provides a reasonable increase in caps and is supported by CMS, COPIC and other key physician and patient advocates. Some of you answered our call to action, but we need many more to respond! Urgently send a message to your legislator today and encourage your colleagues to do the same. 

• We are just one-quarter of the way to our fundraising goal for the CMS Liability Defense Fund by the end of April. Click here to contribute to these efforts. Your contribution will make a difference. 
• Patient stories have the ability to make a profound impact. Start reaching out to those whose lives you have touched and connect them to our communications team, who will work with them to tell the story of your care and how these ballot initiatives might hurt their ability to access quality health care in the future.
• Learn about this issue and become an advocate: Reach out to access a CMS webinar: "Defend Against Threats to Peer-Review and Malpractice Liability", and distribute resources in your practice.

30 days left in session: CMS is making progress on your priority bills

• HB24-1149 Prior Authorization Requirements Alternatives passed Senate committee on April 3. It is now headed to the Senate floor. Since it has already cleared the House, this is the last major hurdle.
• CMS advocates secured crucial amendments to HB24-1153 Physician Continuing Education: Instead of a mandated 40 hours of CME required every two years, with 12 of those hours dedicated to reproductive health, the bill now includes 30 required hours of CME that can be met through national board certification. The Colorado Medical Board will conduct stakeholding to consider whether specific CME topics should be required for physicians. CMS will be actively involved in that process. The bill was referred to Appropriations.
• SB24-130 Noneconomic Damages Cap Medical Malpractice Actions, mentioned above, would increase the limit on how much individuals can collect when they win a lawsuit to a reasonable level, while still protecting health care for millions of Coloradans. CMS supports this legislation. It will be heard in committee on April 10.
• SB24-87 Topical Medication Continued Care has passed through the House and Senate and is now headed to the Governor for signature. This bill, supported by the Colorado Society of Eye Physicians and Surgeons, will make it easier for patients to get needed topical medications after seeing a provider.
• HB24-1058 Protect Privacy of Biological Data has passed and is headed to the Governor for signature. This first-in-the-world legislation protects the privacy of individuals’ personal biological data, including neural data that is collected by devices now and in the future. It has gained the attention of U.S. Senators Michael Bennet and John Hickenlooper, as well as elected officials in other state legislatures. Northern Colorado neurologist Sean Pauzauskie, MD, has championed this bill.
• HB24-1171 Naturopathic Doctors Formulary would give naturopaths the ability to prescribe level I and II drugs. CMS opposes this unsafe and unwise bill and is working very diligently to kill it.

HB1149 Prior Authorization Requirements Alternatives passed the Senate Health Committee 7-1 on Wednesday, April 3!

Public Option Contracts with Carriers 

CMS continues advocacy work related to the Colorado Option. 2025 marks the third year for the Colorado Option and current law requires that carriers reduce health insurance premiums by 15% as compared to 2021 rates. Health plans are in the process of contracting with physician practices and we need insights into those negotiations. Please take a two-minute survey to share more about your experiences contracting with health plans. Results will inform CMS advocacy efforts in the coming year and responses will be kept confidential.  

Prior authorization - a patient's story

Pueblo native and trained nurse Margaret Comstock shares her prior authorization horror story in an op-ed published March 28 by The Colorado Sun. 

After changing jobs, a new health insurance company denied Margaret's claim for one of two medications for diabetes. She had to choose between paying $900 a month for her medication or putting her health at risk. The health insurance company came up with their own solution. They told Margaret's doctor to just increase her other medication. That’s right — someone working in health care claims, someone with no medical training, told the doctor what to prescribe. She had no choice but to stop taking the medication that for years had been keeping her stable.

Stories like Margaret's reinforce the important work physician advocates are doing for their patients. CMS continues to let legislators know: Vote yes on HB24-1149 and reform prior authorization!