1. (1) Beginning September 1, 2022, a health-care facility shall screen, unless a patient declines, each uninsured patient for eligibility for:

   1. (a) Public health insurance programs including but not limited to medicare; the state medical assistance program, articles 4, 5, and 6 of this title 25.5; emergency medicaid; and the children's basic health plan, article 8 of this title 25.5; and
   2. (b) Repealed.
   3. (c) Discounted care, as described in section 25.5-3-503.
2. (2) Health-care facilities shall use a single uniform application developed by the state department when screening a patient pursuant to subsection (1) of this section.
3. (3) If a health-care facility determines that a patient is ineligible for discounted care, the facility shall provide the patient notice of the determination and an opportunity for the patient to appeal the determination in accordance with state department rules.
4. (4) If the patient declines the screening described in subsection (1) of this section, the health-care facility shall document the patient's decision in accordance with state department rules. A patient's decision to decline the screening that is documented and complies with state department rules is a complete defense to a claim brought by a patient under section 25.5-3-506 (2) for a violation of section 25.5-3-506 (1)(a) or (1)(b).
5. (5) If requested by the patient, a health-care facility shall screen an insured patient for discounted care pursuant to subsections (1)(b) and (1)(c) of this section.

Source: L. 2021: Entire part added, (HB 21-1198), ch. 435, p. 2875, §1, effective September 7. L. 2022: IP(1) amended, (HB 22-1403), ch. 203, p. 1362, § 1, effective May 20. L. 2024: (1)(a) amended, (HB 24-1399), ch. 76, p. 258, § 25, effective July 1, 2025; (1)(b)(II) added by revision, (HB 24-1399), ch. 76, pp. 258, 260, §§ 25, 33.

Editor's note: Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 2025. (See L. 2024, pp. 258, 260.)