Update on Efforts to Protect Stable Liability & Peer Review ConfidentialityUpdate on Medical Liability

CAFP and the Coloradans Protecting Patient Access (CPPA) coalition have been fighting on your behalf to counter an attempt by the trial lawyers to introduce ballot initiatives that would eliminate the confidentiality protections of peer review and the cap on non-economic damages in the state. Thanks in large part to your advocacy via last week’s speak out, Governor Polis and his office facilitated negotiations that resulted in a compromise over the weekend.

While the agreement is less than ideal for both sides, the CPPA coalition is confident a legislative solution to maintain caps and preserve peer review is preferable to a costly ballot fight with no guarantee of success.

The terms of the compromise will be laid out in a new bill, HB24-1472, which will need to pass both legislative chambers in the remaining three days of session. The bill will do the following:

  • 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 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 ballot initiatives.

While this agreement is not what we hoped, it does prevent an expensive, difficult ballot fight and allows injured individuals to be compensated while protecting peer review confidentiality and maintaining tort reform. CAFP is grateful to our coalition partners, supporters at the Capitol, and members like you.

For questions, contact Ryan Biehle, CEO, at ryan@coloradoafp.org.