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GARCIA v. CENTURA HEALTH CORP.

Court of Appeals No. 18CA1646.

490 P.3d 629 (2020)

2020 COA 38

Jina GARCIA, Plaintiff-Appellant, v. CENTURA HEALTH CORPORATION, Defendant-Appellee.

Colorado Court of Appeals, Div. VI.

Rehearing Denied April 9, 2020.

Attorney(s) appearing for the Case

Sawaya, Rose, McClure & Wilhite, P.C., Robert E. Caldwell , Denver, Colorado; The Hannon Law Firm, LLC, Kevin S. Hannon , Denver, Colorado, for Plaintiff-Appellant.

Hall, Render, Heath & Lyman, P.C., Melvin B. Sabey , Denver, Colorado, for Defendant-Appellee.

Burg Simpson Eldredge Hersh & Jardine, P.C., Nelson Boyle , Englewood, Colorado for Amicus Curiae Colorado Trial Lawyers Association.

¶ 1 Under Colorado's hospital lien statute, section 38-27-101, C.R.S. 2019, as amended in 2015, may a hospital place a lien on a person (1) who has been injured as a result of negligence or other wrongful acts and (2) whose primary health insurance is Medicare, without first billing Medicare? We answer "no" because...

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