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The Problem
The Colorado Trial Lawyers Association introduced a series of ballot initiatives earlier this year that would completely eliminate the cap on non-economic damages, essentially meaning that if a healthcare provider (including a dentist) were to get sued by a patient, there would be no limit on how much could be collected in a successful judgement for things like pain and suffering.
This would not only deter providers from doing more complicated procedures but could also bankrupt smaller solo practices, causing more of an access to care shortage in remote areas.
The Solution
The CDA worked diligently with the Coloradans Protecting Patient Access (CPPA) advocacy group to negotiate a solution that would take these dangerous ballot measures off the table by crafting a legislative solution. Negotiations have been underway for months with agreement finally reached and legislation introduced on Sunday, May 5.
The final result is House Bill 1472, a bipartisan proposal backed by legislative leadership and the governor’s office. This bill would increase the limit on how much individuals can collect if they win a lawsuit, while still protecting healthcare for millions of Coloradans. This would also position Colorado to continue attracting and retaining talented healthcare providers, which preserves access to healthcare (including specialty care) and protects patients from skyrocketing healthcare costs.
History of Noneconomic Damages Cap in Colorado
- Current law limits noneconomic damages (NED) in Colorado healthcare malpractice actions to $300,000.
- The current NED cap is the fifth lowest in the country.
- NED caps have been unchanged for 20 years.
What HB 1472 Would Do When Signed by the Governor
HB24-1472 raises the noneconomic damage caps for healthcare malpractice suits from $300,000 to $875,000 over five years. It creates a new claim specifically for wrongful death and raises the damage cap for that to $1.575 million over the next five years, with both caps rising biennially by the rate of inflation beginning in 2030.
It also raises the caps for general liability lawsuits from the current level of $250,000 to $1.5 million and boosts the $642,000 cap on noneconomic damages in wrongful-death lawsuits to $2.125 million, with both caps rising by inflation every two years beginning in 2028.
The new caps apply to lawsuits that are filed on or after Jan. 1, 2025.
Next Steps
HB 1472 is awaiting signature by Gov. Polis to become law, which will trigger both parties coming together to withdraw all ballot measures currently approved by the Title Board for circulation/placement before voters in November. While the increase in cap limits will dramatically change, this legislation prevents very costly and deceptive ballot measures. It protects patient rights, safeguards Colorado’s medical liability laws and allows providers to continue practicing in a predictable cap environment – protecting them from the devastating risk of unlimited NED caps.
The CDA will provide more information as the situation progresses. The legislative session ended Wednesday, May 8.
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