Current through Register Vol. 47, No. 5, March 10, 2024
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.
