3 Colo. Code Regs. § 707-1.12

Current through Register Vol. 47, No. 22, November 25, 2024

Section 3 CCR 707-1.12 - ADVERTISEMENT OF FREE OR DISCOUNTED SERVICES

This Rule is promulgated pursuant to sections 12-20-204, 12-215-105(1)(a), and 12-215-115, C.R.S.

A. Advertisement by licensee of free or discounted services shall be deemed false or misleading pursuant to section 12-215-115(1)(h), C.R.S., unless:

1. Such advertising claims are truthful and detailed as to specific services provided for free or at a discounted price; and

2. Prior to the performance of the free or discounted evaluation and the consultation regarding that evaluation, the licensee shall provide the patient with a legible typed or computer generated written prepaid treatment contract describing what services are being provided free or at a discounted price. This prepaid treatment contract description shall also indicate the price of other services which may be offered for a fee, in conjunction with the free service, but that are not included in the offer for free or discounted services. The licensee shall maintain a signed written prepaid treatment contract typed or computer generated copy in the patient's file.

B. No separate charge shall be made for the professional evaluation of the free or discounted diagnostic tests whether such professional evaluation is made at the time of the initial office visit or at a later date.

C. The free service or reduced fee differential shall not be billed to a third-party payer for reimbursement.

D. Pre-paid and monthly treatment plans must include the following, in writing, signed by the patient with a copy given to the patient:

1. The total costs/fees that the patient will incur and the method and timing of payment(s),

2. Description of what services and products are included. Any additional fees or costs must be explained to the patient in advance and recorded in the patient records.

3. Description of the time frame or the number of treatments that the plan covers.

4. How special circumstances such as extended absences, new injury or illness are handled.

5. Statement that there is no claim or representation of a guarantee of results, outcome, or the cure of a particular condition.

6. The pre-payment plan must include a written explanation, signed by the patient, on how the unused portion of funds are calculated, or prorated, should the patient complete care early or discontinue care due to the patient's choice, doctor's choice, moving, or new injury or condition. The written explanation must be clearly labeled "Refund Policy" and explained in plain language. The explanation must include a table of calculations that illustrates the amount of refunds or amount owed in the event of the pre-paid plan's early termination.

7. A history, physical exam, and diagnosis in accordance with generally accepted standards of practice is required prior to the sale of any prepaid plan.

3 CCR 707-1.12

42 CR 08, April 10, 2019, effective 5/25/2019

42 CR 12, June 25, 2019, effective 7/15/2019

42 CR 20, October 25, 2019, effective 11/14/2019

43 CR 18, September 25, 2020, effective 8/25/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 08, April 25, 2021, effective 5/15/2021

45 CR 22, November 25, 2022, effective 10/26/2022

45 CR 23, December 10, 2022, effective 11/11/2022

45 CR 20, October 25, 2022, effective 11/14/2022

46 CR 02, January 25, 2022, effective 1/9/2023

46 CR 20, October 25, 2023, effective 11/14/2023