From COPIC:

Earlier this month we shared details around the passage of a major tort reform agreement in the form of House Bill 1472 which was passed by the General Assembly during the final days of the legislative session. This legislation is the result of a compromise that avoided potentially catastrophic ballot measures that aimed to eliminate all liability caps in the state and eviscerate statutory protections for confidentiality in peer review, quality management, and similar programs.

As a quick refresher, the legislative compromise consists of the following components:

  • 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 starting at $500,000 and increasing for five years annually to $1.575 million. Starting in 2030, the caps will be automatically adjusted for inflation every two years. Economic damage caps will be the greater of $1,000,000 or 125% of the then-current wrongful death cap.
  • General Liability: Increase in the non-economic damages cap from the current $729k to $1.5 million and wrongful death cap from the current $642k to $2.125 million. Starting in 2028, the caps will be automatically adjusted for inflation every two years.

COPIC’s approach is always to provide stability, so we want to make sure we are taking the time to thoughtfully assess the impacts of these changes to the best of our ability. It is for that reason that we fought vehemently for the 5-year ramp up period to allow for a consistent, predictable increase in damage limits. This ramp up period begins 1/1/2025, stair-stepping each year until the non-economic damage cap and new wrongful death cap on non-economic damages fully mature by 2030.

*New non-economic damage limits applicable to lawsuits filed on or after 1/1/2025 will also apply to claims arising on or after 1/1/2024, but which are filed on or after 1/1/2025.

At this time, we do not anticipate any changes to your current policies. We will continue to provide updates as we complete actuarial studies to further determine the impact of these changes. Please do not hesitate to reach out to your underwriter with any specific inquiries regarding your policy. COPIC remains focused on working closely with our partners at the Colorado Medical Society and the Colorado Hospital Association to navigate the current health care environment, monitor legislation through the rulemaking process, and keep you informed on how these policies will impact the practice of medicine and the delivery of quality care.

Visit COPIC’s Legislative Action Center for more information on bills we tracked during the legislative session, sign up for newsletter updates, or find your elected officials. If you have any questions on the legislative front or the rulemaking process, please contact COPIC’s Senior Vice President of Public Affairs, Beverly Razon, at brazon@copic.com.