About Us
 Attorney Profiles
 Practice Areas
 Contact Us
 

New Colorado Law in 2009

Even though the Colorado Legislature only meets from January through May, 463 bills were signed into law in 2009. Many bills became effective on July 1, 2009, but some do not become effective until as late as 2011. We have studied all the bills that were passed in the 2009 legislative session and have provided information on the new law that is pertinent to our areas of practice. Please click on the link below in your area of interest for a summary of new laws in that area. To view the law in its entirety or to find a specific bill, visit the Colorado Legislative Website.

Probate, Trusts, & Fiduciaries
Criminal Law & Procedure
Juvenile law
Traffic & Motor Vehicle Regulation

Some laws were passed in 2008, but did not become effective until 2009. Examples include new DUI standards, and mandatory automobile insurance coverage for $5000 of medical bills in an automobile accident. Bills that were passed in 2008 and became law in 2009 are listed below.
 

H.B. 08-1194 Alcohol-related offenses - revocations - restricted licenses . Effective January 1, 2009, extends the length of time that a person’s driver’s license is revoked or suspended due to certain alcohol- or drug-related offenses to 9 months for a first offense and to 2 years for a third or subsequent offense.

Effective January 1, 2009, authorizes a person whose driver’s license has been revoked for a first-time alcohol-related offense:
• To seek a restricted license requiring the use of an ignition interlock device after the person’s license has been revoked for at least 1 month; and
• To be eligible for an unrestricted license if no possible violations are identified for 4 consecutive monthly reporting periods.

Provides that a person who obtains a restricted license prior to a hearing on the merits of any driving restraint waives the person’s right to the hearing.

S.B. 08-11 Automobile insurance - medical payments coverage required - option to reject coverage - scope of coverage- providers eligible for payment - priority of payments to trauma care providers. Requires automobile insurance policies issued, delivered, or renewed in the state on or after January 1, 2009, to contain coverage for medical payments with benefits of $5000 for bodily injury, sickness, or disease arising from the ownership, maintenance, or use of a motor vehicle. Allows the named insured under an automobile insurance policy to reject medical payments coverage, in which case the insurer is required to maintain proof of such coverage rejection for at least 3 years after the date of the rejection. Protects an insurance agent or insurer that obtains a rejection of medical payments coverage from liability to any person thereafter seeking medical payments coverage under the policy.

Establishes a presumption that $5000 in medical payments coverage is contained in an automobile insurance policy if the insurer fails to offer the coverage to the insured or fails to maintain proof of rejection of the coverage. Preserves the ability of an insured to purchase medical payments coverage in excess of $5000.

Specifies that medical payments coverage benefits are payable to persons providing medically necessary and accident-related trauma care or medical care to a person injured in an automobile accident. Include the following as “providers” to whom medical payments benefits are payable:
• Licensed ambulances;
• Licensed air ambulances;
• Trauma physicians, which include, trauma surgeons, orthopedic surgeons, neurosurgeons, intensive care unit physicians, anesthesiologists, or other physicians providing trauma care to an injured person;
• Trauma centers, which include the emergency department in a licensed or certified hospital or a health care facility that is designated by the department of public health and environment as la level I, II, III. IV, or V facility or as a regional pediatric trauma center; and
• Licensed health care providers, which include licensed or certified hospitals, health care facilities, or dispensaries, persons licensed or certified to practice medicine, osteopathy, chiropractic, nursing, physical therapy, podiatry, dentistry, pharmacy, acupuncture, or optometry , and occupational therapists.

Requires an insurer, upon receipt of notice of an accident for which medical payments coverage may be claimed, to reserve $5000 of the medical payments coverage for the payment of trauma care providers that provided trauma care to the injured person in the following priority, as applicable:
• Payment is to be made first to licensed ambulances and licensed air ambulances that provide trauma care at the scene of or immediately after the accident, including transport to or from a trauma center;
• Payment is to made next to trauma physicians who provide trauma care to stabilize or provide the first episode of care to the injured person;
• Payment is to be made next to level IV or V trauma centers that provide trauma care to stabilize or provide the first episode of care to the injured person;
• Payment is to be made next to level I, II, or III trauma centers or a regional pediatric trauma center that provide trauma care to stabilize or provide the first episode of care to the injured person.

Obligates insurers to maintain the reserve for 30 days to pay claims made by trauma care providers submitted during that 30-day period. After the 30-day period, requires the insurer to use any remaining amount of the reserve for the payment of claims made by all providers that provided trauma care or medical care to the injured person. During the 30-day period, suspends the prompt payment of claims requirements, but only to the extent the medical payments coverage benefits not held in reserve are insufficient to pay a claim submitted by a provider during that period.

Precludes the ability of an insurer to recover from the person at fault for the automobile accident any amount of medical payments coverage benefits paid under an automobile policy and the ability of the insurer to bring a direct cause of action against the alleged at-fault party for recovery of benefits paid under medical payments coverage.

Exempts self-insurers, motorcycles, motorscooters, motorbicycles, motorized bicycles, toy vehicles, snowmobiles, and any vehicle designed primarily for use off the road or on rails from the requirements of the act.