Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0191.01 Christy Chase SENATE BILL 06-019 SENATE SPONSORSHIP Tochtrop, HOUSE SPONSORSHIP Carroll M., Cerbo, and Coleman Senate Committees House Committees Health and Human Services A BILL FOR AN ACT Concerning a requirement that emergency medical care coverage be included in automobile insurance policies. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Interim Committee on Auto Insurance. Adds emergency medical care coverage as part of the required coverages to be included in all automobile insurance policies issued in Colorado. Specifies that the coverage is for all reasonable, necessary, and accident-related emergency medical care provided by a first responder at the scene of or immediately after a motor vehicle accident or provided by or at a hospital. Requires the coverage to be provided regardless of fault. If the injured person for whom emergency medical care coverage is provided is found not at fault in causing the accident, allows the carrier that paid emergency medical care coverage to recover the amount paid from the party at fault in the accident after the injured person is fully compensated for injuries resulting from the accident. Makes the emergency medical care coverage primary to any medical payments or health insurance coverage and applies to coinsurance or deductible amounts required under the insured's health coverage plan. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 10-4-620, Colorado Revised Statutes, is amended to read: 10-4-620. Required coverage. (1) Subject to the limitations and exclusions authorized by this part 6, the basic coverage required for compliance with this part 6 is: (a) Legal liability coverage for bodily injury or death arising out of the use of the motor vehicle to a limit, exclusive of interest and costs, of twenty-five thousand dollars to any one person in any one accident and fifty thousand dollars to all persons in any one accident and for property damage arising out of the use of the motor vehicle to a limit, exclusive of interest and costs, of fifteen thousand dollars in any one accident; and (b) (I) Emergency medical care coverage for bodily injury arising out of the use of the motor vehicle with benefits for all reasonable, necessary, and accident-related emergency medical care provided by a first responder at the scene of or immediately after a motor vehicle accident or provided by or at a hospital. Emergency medical care coverage shall be provided regardless of the fault of the injured person. If the injured person for whom emergency medical care coverage is paid is found not at fault in the accident, the insurer that paid the coverage shall be subrogated to the rights of the injured person against the at-fault person, to the extent of the payments made, after the injured person is fully compensated for injuries sustained in the accident. (II) Emergency medical care coverage shall be primary to any medical payments coverage or health insurance benefits of a person injured in a motor vehicle accident and shall apply to any coinsurance or deductible amount required by the injured person's health coverage plan, as defined in section 10-16-102 (22.5). (III) As used in this paragraph (b): (A) "Emergency medical care" means medical care provided when any actual or self-perceived event occurs that threatens life, limb, or the well-being of an individual in a manner that creates a need for immediate medical care. (B) "First responder" means a person or entity that responds to and provides emergency medical care to an individual injured in an automobile accident. The term includes, but is not limited to, a person or entity providing ambulance service, including air ambulance service, an emergency medical technician, as defined in section 25-3.5-103 (8), C.R.S., and any service agency, as defined in section 25-3.5-103 (11.5), C.R.S., or other person or entity that provides emergency medical care at the scene of or immediately after an automobile accident. "First responder" does not include a hospital. SECTION 2. Effective date - applicability. This act shall take effect January 1, 2007, and shall apply to automobile insurance policies issued on or after said date. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.