DEPARTMENT OF REGULATORY AGENCIES Colorado Medical Board Rule 220 - FINANCIAL RESPONSIBILITY STANDARDS 3 CCR 713-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] INTRODUCTION Basis: The general authority for the promulgation of rules and regulations by the Colorado Medical Board (“Board” ) is set forth in Section 12-36-104(1)(a), C.R.S., as amended. Specific authority for the promulgation of rules regarding financial liability requirements is set forth in Section 13-64-301(1)(a.5), C.R.S.

Purpose: The Colorado Board of Medical Examiners (“Board” ) finds that immediate adoption of this rule is imperatively necessary to comply with state law, specifically House Bill 10-1260 signed by the Governor on June 10, 2010. The Board further finds that compliance with the requirements of §24-4-103, C.R.S., applicable to non-emergency rules, would be contrary to the public interest. Specifically, House Bill 10- 1260 modified the minimum indemnity amount that a physician must carry to one million dollars per incident and three million dollars annual aggregate per year pursuant to §13-64-301(1)(a.5), C.R.S. The rule is being amended to comply with the new statutory requirements. Part 3 of Article 64, Title 13, sets forth financial responsibility requirements to be met by all Colorado licensed physicians. However, the Board may, by rule, exempt or establish lesser standards for certain classes of license holders. These rules have been adopted by the Board in order to exempt from the requirements certain categories of licensees for whom the financial responsibility standards do not serve to enhance the public interest.

RULES AND REGULATIONS 1. Pursuant to the requirements of Section 13-64-301(1)(a.5), C.R.S., every physician who holds or desires to obtain a Colorado medical license must maintain commercial professional liability insurance coverage with an insurance company authorized to do business in this state in a minimum indemnity amount of one million dollars per incident and three million dollars annual aggregate per year (or meet alternative responsibility standards which comply with the provisions of Section 13-64-301(1)(c), (d), or (e)); except that this requirement is not applicable to a health care professional who is a public employee under the “Colorado Governmental Immunity Act” .

2. Pursuant to these rules, a physician whose medical practice falls entirely within one or more of the following categories is exempt from the requirements set forth in paragraph 1, above:

1. a. A federal civilian or military physician whose practice is limited solely to that required by his federal/military agency.
2. b. A physician who is not engaged in the practice of medicine.
3. c. A physician who is covered by individual professional liability coverage (or an alternative which complies with Section 13-64-301(1)(c), (d) or (e), maintained by an employer/contracting agency in the amounts set forth in paragraph 1, above.
4. d. A physician who provides uncompensated health care to patients, or who does not otherwise engage in any compensated patient care in Colorado.

3. Any physician who claims exemption from the financial responsibility requirements must provide such information as may be requested by the Board in order to establish eligibility for any such exemption.

Effective 8/30/90; Revised 9/30/99; Revised 06/22/10; Effective 07/01/10 _____________________________________________________ Editor’s Notes History Entire emer. rule eff. 07/01/2010.