A Bill for
An Act relating to the conduct of the hospital established by Chapter [[specify law]] of the Session laws of 1921; specifying the name and style thereof; providing for free hospital care and treatment for persons who are afflicted with a malady, deformity or ailment which can probably be remedied or improved by such care and treatment, and who are unable to pay for the same; providing for the expense thereof, and making appropriation therefor, and prescribing the jurisdiction of courts in such cases.
Be it Enacted by the General Assembly of the State of Colorado :-
Section 1. The name and style of the hospital authorized in Chapter of the Session Laws of 1921 shall be the University of Colorado General Hospital, hereinafter called the University Hospital.
Section 2. The conduct of said University Hospital shall be vested in the Board of Regents of the University of Colorado. Said Board of Regents shall have full power to manage, control and govern the said hospital under such rules and regulations as they may from time to time prescribe and shall appoint all officers, staff and employees of said hospital. The Board of Regents of the University of Colorado is hereby authorized and empowered to receive, accept, hold and apply, and bequests or donations of funds or property from individual citizens, societies and organizations, which may be tendered in good faith for the purpose of assisting in the construction, extension, equipment and maintenance of the said hospital, to the end that its benefits may accrue to the greatest possible extent to the afflicted citizens of this state.
-2-
Section 3. Said University Hospital shall be primarily and principally designed for the care of legal residents of Colorado who are afflicted with a malady, deformity or ailment of a nature which can probably be remedied or improved by hospital care and treatment, and who are unable financially, to secure such care or, in case of a minor, whose parent, guardian, trustee or other person having lawful custody of his person, as the case may be, is unable financially to secure such care. The University Hospital is hereby designated as a place of treatment for such persons.
Section 4. Said Hospital shall be utilized for such instruction and for such scientific research as will promote the welfare of the patients committed to its care and assist in the application of science to the alleviation of human suffering.
Section 5. Whenever the existence of a case described in Section 3 of this act shall come to the notice of the overseer of the poor, health officer, public health nurse, sheriff, town clerk, policeman, or any other public official, or any physician or surgeon, it shall be his duty to, and any other person may, file with the judge of provate [[probate]] of the county of the legal residence of such person, an application for the treatment of such person at the University Hospital.
Such application shall be made in duplicate on blanks to be furnished by the University Hospital and shall contain a full statement of the financial situation of the
-3-
person sought to be treated and a general statement of his physical condition, and shall be verified. Upon the filing of such application with said judge of probate it shall be the duty of said judge of probate to cause a thorough investigation to be made by the county attorney, overseer of the poor or other public official of said county, into the financial condition of said person sought to be treated, and to secure report of such investigation within such time as said judge of probate may direct, and it shall be duty of any public official of any county, city, town, village or ward of the residence of the person sought to be treated to supply to the judge of probate on request thereof, all information within his knowledge relative to the financial situation of the person sought to be treated. Except in counties where the county attorney, overseer of the poor or other public official making such investigation as hereinbefore provided shall receive a fixed salary, such county attorney, overseer of the poor or other public official making such investigation shall receive for his services therein the sum of three dollars [[$3.00]] per day for the time actually spent, together with necessary expenses paid out in making such investigation, which fee and expenses shall be paid by the county of residence of said patient, and it shall be the duty of the Board of County Commissioners to provide for such payment. It shall further be the duty of said judge of probate to appoint a physician of said county who shall make personally an examination of the person on whose
-4-
behalf application for treatment has been filed. Said physician shall thereupon make and file with the judge of probate a verified report in writing setting forth the nature and history of the case, the findings of physical examination, and such other information as will be likely to aid in the medical or surgical treatment of the malady, deformity or ailment affecting said person, and shall also state in his report whether or not, in his opinion, the condition of such person can probably be remedied by the hospital care sought. The report of said physician shall be made duplicate within such time as the court may direct, and upon blanks to be furnished by the University Hospital for that purpose. The physician appointed to make said examination, unless he is already a salaried officer of the state or some division thereof, shall receive five dollars [[$5.00]] for making said examination and in any case shall receive his actual and necessary expenses, which fee and expenses shall be paid by the county of residence of said patient; and it shall be duty of the board of county commissioners to provide for such payment. If said person on whose behalf application is made, or, in case of aminor [[a minor]] the parent or parents, guardian or trustee, in representative capacity, or the person having legal custody over him, or legally responsible for his support or maintenance shall request a hearing on said application, said judge of probate shall fix a date for such hearing upon the application and shall cause the person, or the parent or parents,
-5-
guardian or other person having legal custody of said person, as the case may be, to be served with a notice of the hearing and he shall also notify the county attorney who shall appear and conduct the proceedings and, upon such complaint, evidence may be introduced.
If after receiving such reports, or after such hearing, or both, said judge of probate shall be satisfied that the person on whole behalf application is made is not financially able to provide himself with proper treatment, or, in case of a minor, that his parent, guardian or trustee, in representative capacity, or the person having legal custody overy [[over]] him or legally responsible for his support or maintenance is not financially able to provide such treatment, and shall further be satisfied that he is afflicted with a malady, deformity or ailment which can probably be remedied by hospital care and treatment, then said judge of probate shall enter an order finding such facts and certifying his approval of said application and, with the consent of the said person, or parent, guardian or trustee or other person having legal custody of said person, as the case may be, shall enter an order directing that said person shall be taken to the University Hospital for proper hospital care and medical or surgical treatment, the expense of such hospital care and treatment to be met in the manner hereafter provided.
In case the court is not so satisfied, he may take additional testimony, or make such further investigation as to him shall seem proper. The court may reject any
-6-
application which is found to be without sufficient merit. Upon the entry of the order by the judge of probate, he shall communicate with the Superintendent of the University Hospital and ascertain whether or not the applicant can be received as a patient and shall thereupon said patient whether or not he can be received. One copy of the application and of the physicians report shall be sent to the superintendent of said hospital.
If the court should find that an applicant or the person legally responsible for his is able to pay in part but not in full for care at the University Hospital at the reate [[rate]] to be charged as determined in Section 5 of this Act, the court may approve the application of such person on such terms of division of hospital charges as the court may deem equitable, and just, and shall certify such findings upon the application of said person.
Provided, that no such person shall be receibed [[received]] into the said University Hospital for care and treatment unless in the judgment of the superintendent of said hospital said patient shall be a suitable case in which there shall be a reasonable probability of such persons being benefitted by such hospital care and medical or surgical treatment.
Section 6. The University Hospital shall treat patients admitted on certificate of the judge of probate of any county at rates based on actual cost as determined by the Board of Regents of the University, as hereinafter set forth. Any resident of the state, upon satisfying the Board of Regents of the University of Colorado that
-7-
he is unable to pay ordinary physicians fees and hospital charges, may be received upon paying the same rate as charged for county patients.
Students of the University and such other patients as the Board of Regents, to an extent that will not interfere with the primary purpose of said Hospital as set forth in Section 3, may direct, may be received in said University Hospital whenever there is room and all fees received from such patients shall be used for the purposes of said hospital.
Section 7. No compensation shall be charged or received by any officer of the University Hospital or by any physician, surgeon, nurse or other employee in its service who shall treat or care for any patient in said hospital, other than the compensation provided for such persons by the Board of Regents of the University.
Section 8. The Superintendent of the University Hospital shall determine from time to time the actual per diem cost per patient of ordinary treatment, nursing, food and necessities, including general maintenance and overhead, furnished by said hospital and shall file a certified report of such per diem cost with the Board of Regents of the University shall file a certified monthly report with the State Auditor containing an itemized statement of the expense charged against each patient received on certification of any probate court itemized so far as possible to show the per diem charges against said patient, together with any charges for unusual treatment or apparatus or other unusual expenditures or transportation expense as provided for in Sections 9 and 10 of this Act, on behalf of such patient. Such statement shall further show the name of the county from which each patient was certified and shall state any sums paid by the patient or by any person on his behalf.
The State Auditor, upon being satisfied that the same is correct and reasonable, shall approve the same and shall draw a warrant against the State Treasurer for the net amount so certified.
Section 9. The judge of probate with whom application for treatment is filed may, if it appears that the patient is unable to travel alone, appoint some person to accompany said patient from the place where he may be to the University Hospital. Such person shall receive his actual and necessary expenses, and if not a salaried officer of the state or of any subdivision thereof or of a state institution or an immediate relative of the patient, shall receive in addition three dollars [[$3.00]] per day for the time actually and necessarily consumed in transporting said patient to said hospital and returning. If it shall appear to said judge of probate that said patient is not financially able to provide himself with transportation to said hospital, or in case of a minot [[minor]] that his parents, guardian or trustee, in representative capacity, or the person having legal custody over him or legally responsible for his support or maintenance is not financially able to provide such transportation to said hospital, then said judge shall so certify on the application of said patient. All actual and necessary expenses incurred in conveying said patient to the said University Hospital shall, when approved by the judge order or approving such services, be filed with the Superintendent of said Hospital and by him charged on the regular bill for maintenance of said patient.
Section 10. Whenever, in the opinion of the superintendent of the University Hospital any patient should be discharged therefrom as cured, or as no longer needing treatment, or for the reason that treatment cannot benefit his case, or for other good and sufficient reason, said superintendent shall discharge said patient. If, upon the discharge of any patient from the University Hosital [[Hospital]] it shall appear to the Superintendent thereof that said patient is unable to travel alone he may appoint some person to accompany said patient from said hospital to his home or other place to which said patient may be discharged. Such person shall receive his actual and necessary expenses, and, if not a salaried offier [[officer]] of the state or of any subdivision thereof or of a state institution or an immediate relative of the patient, shall receive in addition three dollars [[$3.00]] per day for the time actually and necessarily consumed in transporting said patient to his home or other place to which he may be discharged and returning therefrom. In like manner, if it shall appear to the said superintendent of said hospital that said patient, upon his discharge, is not financially able to provide himself with transportation to his home of other place to which he may be discharged, said superintendent may authorize the payment of such transportation on behalf of said patient. All actual and necessary expenses incurred in conveying said patient from the University hospital to him home or other place to which he may be discharged, shall, when approved by said superintendent
of said hospital be charged on the regular bill for maintenance of said patient and paid as other bills for hospital maintenance.
Section 11. Incorporate Section 10 of Minnesota Act, altering phraseology to conform to Colorado conditions.
