As you know, the Colorado Medical Society—in partnership with Coloradans Protecting Patient Access (CPPA), COPIC and the Colorado Hospital Association—has been deeply engaged in a legislative effort to avoid potentially catastrophic ballot measures from the Colorado Trial Lawyers Association (CTLA) that would eliminate all liability caps in the state and eviscerate statutory protections for confidentiality in peer review programs. 

Negotiations had been stalled until CPPA was able to convince the governor and his chief of staff, Alec Garnett, to serve as a facilitator for the negotiations. Those negotiations picked up steam this week, and this morning the parties reached a compromise. 

As we largely expected, terms of the agreement are less than ideal for either side. At the same time, the CPPA coalition has been clear that a legislative solution to maintain liability caps and preserve peer review was preferable to a costly ballot fight with no guarantee of success.

The terms agreed to by both sides are as follows:

• Medical liability: Over a five-year implementation period, increase the non-economic damages cap from the current $300,000 to $875,000 and establish a new and separate wrongful death award capped at $1.575 million. Starting in 2030, the caps will be automatically adjusted for inflation every two years.  
• General liability: Increase in the non-economic damages cap from the current $729,000 to $1.5 million and wrongful death cap from the current $642,000 to $2.125 million. Starting in 2028, the caps will be automatically adjusted for inflation every two years.  
• Upon the Governor’s signature of the legislation, the Colorado Trial Lawyers Association and CPPA agree to withdraw proposed initiatives: 150, 170, 171, 228, 274, 275 and 277. 

In lieu of Senate Bill 130, the agreement will be in the form of a new bill, HB24-1472: Modernizes Colorado’s Medical and General Liability Laws. This new bill was introduced this morning and must pass both chambers in the final four days of the legislative session.

While this change is disappointing, it does prevent an expensive and potentially detrimental fight at the ballot box this November. The approach allows for compensation of injured individuals while also protecting critically important laws that allow for the review and improvement of health care delivery and maintaining critical tort reforms that protect against unreasonable inflated jury verdicts. 

We are grateful to our coalition partners for helping to advance this critical negotiation. And we especially appreciate those of you who engaged in this effort and used your voice to advocate for safe, affordable and accessible health care in Colorado.

If you have any questions, please contact CMS CEO Dean Holzkamp at dean_holzkamp@cms.org.

Respectfully, 

Omar Mubarak, MD, MBA 
President 
Colorado Medical Society