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Bill for an act relating to the conduct of the hospital established by chapter 174 original draft

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A BILL FOR AN ACT

RELATING TO THE CONDUCT OF THE HOSPITAL ESTAB- . LISHED BY CHAPTER 174,(TO LEVY TAXES FOR THE CONSTRUCTION, E�UIPMENT AND FURNISHING OF BUILDINGS FOR THE DEPARTMENT OF MEDICINE OF TEE UMIVERSITY OF COLORADO, INCLUDING A

TEACHING HOSPITAL,.AND MAKING AN APPROPRIATION THEREFOR,)OF THE SESSION LAWS OF 1921;

SPECIFYING THE NAME AHD STYLE THEREOF;

PROVIDING FOR FREE HOSPITAL CARE AND TREAT­ MENT FOR PERSONS WHO ARE AFFLICTED WITH A MALADY, DEFORMITY OR AILMENT WHICH CAN PROBABLY BE REMEDIED OR IMPROVED BY SUCH CARE AND TREATMENT'{' AND F.OIU!HO'SE WHO ,ARE UNABLE TO PAY FOR TEE SAME: PROVIDING FOR TEE EXPENSE THEREOF; PROVIDING A 1lETHOD FOR TEE COUNTIES SENDING PERSONS TO SAID HOSPITAL; PRESCRIBING THE JURISDICTION OF

COURTS IN SUCH CASES, AND MAKING APPROPRIA� TION TO CARRY OUT THE PROVISIONS THEREOF.

lle It Enacted by the General Assembly:4 r/,'Y' /; { Section l. The name and style of the hospital

authorized in Chapter 174 of the Session Laws of 1921 aball be the University of Colorado General Hospital, bereinarter

�1;11e-11nl'V'er'Si t:y- H-osp-1 tal.

Section 2. The conduct of said �ty Hospi­ tal shall be vested in the Boa.rd of Regents of the University

of Colorado herein. Said Board of Regents shall bave full power t'o manase, control and govern. the said hospital, under such rules and regulations as they may from time to time pre­

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of said b.ospi tal.

The Board of Regents of the University of Colo-rado is hereby authorized and empowered to receive, aooept. hold and apply any bequests or donations of funds or property from individual citizens, societies and organizations, whieh 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 �benefits may accrue to the greatest possible extent to the afflicted citizens of this state.

SECTIOl\f 3. Said Um=' �-�•Y Hospital shall be prim­ arily and principally designed for the care of legal residents of' Colorado who are afflicted with a malady, d.eformity, or ail•

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ment of a nature whieh can probably be remedied\01' •!Lmpr -e-d 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, ae the case may be, is unable financially to secure such care.

he U:ia;LJ;!t��;f 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 hwnan sufferins.

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SECTION 5. Whenever the existence of a case des-,cribed in Section 3 of this Act shall come to the notice of any county officer, city officer, or any other public official,

or any physician or surgeon, it shall be his duty to, and

any-other person may, file with the County Judge of the county of ,Q �(/1*(111 "

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the legal residence of such person, an application for the

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treatroent of such person at the University Hospital. Sucb, ap-

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tw?f.,,. plication shall be made in triplicate on blanks to be furnished

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by the University Hospital, and shall contain a full statement

of the financial situation of the person sought to be treated and a general statement of his physical condition, and shall be verified.

Upon tne filing of such application with said County Judge, it shall be the duty of said County Judge to :oau.se,a thorough investigation to be made by the county attorney or

other public official of said county into the financial condi• tion of' said person sought to be treated, and to secure report of such investigation within sueh time as said County Judge may direct, and it shall be the duty of any public official of any

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county, city, town or village(2f' th_e res1.�-��.9�

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t.1?-1s person

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sought to be treated) to supply to the County Judge on request _,.. I '-t l�lfr�-� /.•'

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thereof, all information with.in his knowledge, relative to the. financial situation of the person sought to be treated. Except in counties where the county attorney or other public official making such investigation as hereinbefore provided, receives

a fixed salary, such county attorney, or other public official making such investigation, shall receive for his services there­ in the sum of not to exceed Three Dollars ($3.00) per day for

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the time actually spent, togetber with necessary expenses

id t in ma.kinll' such investigation, which fee and expense"'.;Js 'i' � !ir, ....

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pa OU i:> 0 t":i'fo''

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shall be paid by the county of residence of such ..p.a.tJ.-en-t, and · it shall be the duty of the Board of County Commissioners to

provide for euoh payment.

It shall further be the duty of said County Judge to appoint a physician of said county who shall make person­ ally an examination of the person on whose behalf application for treatment has been filed. Said physician shall thereupon make and file with the County Judge

a

verified report in writ­

ing setting forth the nature and history of the case, the find­ ings on 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 such 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 in triplicate 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. such examina­ tion, unless he is already a salaried officer of the county, state, or some subdivision thereof, shall receive not to exceed FiTe 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

and it shall be the duty of the Board of County Commissioners to provide for such payments.

If said person on whose behalf application is made, or, in case of a minor, the parent or guardian, guardian or

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trustee, in representative capacity, or the person having legal custody over him, or legally responsible for bis support or maintenance, shall request a hearing on said application, said

County J��ge�ixin�a date for su�h hearing upon the applica-... - ;. ·.- . ..,·· ,...,. .. ~ tion, and shall cause tbe person, or tbe parent or parents, 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, on such complaint, evidence may be introduced. If, after receiving such reports, or after such bearing, or both, said County Judge shall be satisfied that the person on whose behal:f' 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 over him, or legally responsible for his support or maintenance, is not financially able to provide sucb treatment, and shall further be satisfied that he is afflicted with a malady, defor­ mity, or ailment which can probably be remedied by hospital care

and trea�ment, .. �h�n said �udge of Proba.te)shall enter an order finding such facts and certifying bis approval of said applica­ tion and, with the consent of 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 tbe 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 hereinafter provided.

In case the Court is not so satisfied, he may take additional testimony, or make such further investigation as to

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him shall seem proper. The Court may reject any application wbieh is found to be without sufficient merit.

Upon the entry of the order by the County Judge ap­ proving such application, he shall communicate with the super­ intendent of the University Hospital.and ascertain whether or not the applicant can be received as a patient and shall

there-.

upon notify said. patient ,vhether or not he can be received. A copy of the application, the physician's report and order of the County Court approving the application shall be sent to tb.e

superintendent of said hospital and to the chairman of the Board of County Commissioners.

If the Court should find that an applicant or the person legally responsible for his or her care is able to pay in part, but not in full, for care at tbe University Hospital, at th·e rate to be charged as determined in Section 6 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 finding upon the application of such person.

PROVIDED, that no such person shall be received into· 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 person being benefited by such hospital care and medical or surgical treatment.

SECTION 6. The University Hospital shall treat pa­ tients admitted on order of the county court of any county at rates based on actual coat as determined by the Board of Regents

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of the university, aa hereinafter set forth. Any legal resi­ dent of the state, upon satisfying the Board of Regents of the University of Colorado that he is unable to pay ordinary

pb,ysieian's fees and hospital charges, may be received upon pay­ ing the same rate aa 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 Sec­ tion 3 may direct, may be received in said University Hospital

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whenever there is room, and all fees received from such patiento/

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shall be used for the purposes of said hospital. I I It

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SECTION 7. No compensation shall be charged or re­ ceived 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

a.

The County Judge with whom application for treatment is filed,may, if it appears that tbe patient is unable to travel alone, appoint some person to accompany said patient from the place where he may be to the University Hos­ pital. Sucb person shall receive hie actual and necessary ex­ penses, and if not a salaried officer of the state, county, or of any subdivision thereof, or of a state institution, or an immediate relative of the patient, shall receive in addition

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not to exceed Three Dollars ($3.00) per day for the time ac­ tually a.nd necessarily consumed in transporting said patient 'to said hospital, and returning.

If it shall appear to said County Judge that said patient is not financially able to provide himself with trans­ portation to said hospital, or in· case of a minor, that his parents, guardian or trustee, in representatiTe capacity, or the person having legal custody over him or legally responsible for :bis support and maintenance, is not financially able to provide such transportation to said hospital, then the said Judge shall so certify on the application of said patient. All actual and necessary expenses incurred in conveying said pa­ tient to said University Hospital shall be approved by the Judge ordering such services, being filed with the superintendent of said hospital and by him charged on the regular bill for main­ tenance of said patient.

SECTION 9. Whenever, in the opinion of the super­ intendent of tbe University Hospital, any patient should be discharged therefrom as cured, or as no longer needing treat­ ment, or for the reason that treatment cannot benefit his case,

or for other good and sufficient reasons, said superintendent shall discharge said patient.

If, upon tbe disaharge of a.ny patient from the Uni­ verwity Hospital, it shall appear to the superintendent thereof tbat said patient ie unable to travel alone, he may appoint some person to acaompany said patient from said hospit�l to his home or other plaae to which said patient may be discharged.

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Such person shall receive his actual and necessary expenses, and if not a salaried officer of the state, or of any subdi­ vision thereof, or of a state institution, or an immediate relative of the patient, shall receive in addition not to ex­

ceed Three Dollars ($3.00) per day for the time actually and necessarily consumed in transporting said patient to his home or to 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 or other place to which be 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 hie home or other place to which he may be discharged, shall, when approved by said superintendent of said hospital, be charged on the regu.lar bill for mainte­ nance of said patient, and paid as ot'ber bills for hospital maintenance.

SECTION 10. The Colorado Board of Corrections may make application to the Board of Regents of the University of Colorado for the admission to the University Hospital of any inmate of any state institution under the said Boa.rd of C or­ rections, or any person committed to or applying for admission thereto who is afflicted with any disease, malady, deformity or ailment which can probably be remedied or which can be advantageously treated by medical or surgical care at tbe

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University Hospital. Said application ahall be accompanied by the report of the physician of said institution, or by a physician appointed by the Board of Corrections, in the same form as reports of otber physicians for admission of patients to said hospital. The superintendent of the University Hospi­ tal shall decide whether such patient may be received by tbe hospital, and if received, wben b.e shall be discharged or returned to tbe institution from which be came. The Board of

Corrections shall pay the Regents of the University of Colo­ rado for th treatment of such patients at the same rate

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charged for county patients, and tbe expense of such treat­

ment and of transporting such patient to and from the Univer­ sitb Hospital shall be pa.id out of the appropriation for oper­ ation of the institution from which said patient is sent.

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Said Board of Corrections may) when necessary, send an attend­

ant with, or to bring back such patient, and pay for travel­ ing expenses in like manner.

SECTION 11. The superintendent of the University

Hospital shall determine from time to time tbe actual per d-1:meieut

cost per patient of ordinary treatment, nursing, food and necessities, including general maintenance and overhead :fur­ nished by said hospital, and shall file a certified report of

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such per ·dime cost witb the Board of Regents of the QJniversity at intervals to be determined by them.

The Board of Regent e of tbe university shall file a certified monthly report with tbe State Auditor, containing an

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itemized statement of the expense cha.rged against each patient received on order of any .county court, itemized so far as

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sible to sbow the per� charges against said patient,

toge-ther with any cbargee for unusual treatment or apparatus, or other unusual expenditures, or transportation expenses as pro­ vided for in Sections 8 and 9 of this Act on behalf of such patient. Such etate1nent shall further sho w the name of the

county from whicb each patient was certified, and shall state any sums paid by the patient or by any person on hie behalf. The State Auditor, upon being satisfied that the same is cor­ rect, shall approve tbe same and shall draw a warrant against

the State Treasurer for the net amount so certified,( and a

1 continual appropriat-ion from the general funds of the state is

hereby made for the purpose of carrying out the provisions of

this act.

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SECTIONr 12. The General Assembly hereby declares that this Act is necessary for the immediate preservation of the public peace, health and safety.

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SECTION 5. Whenever the County Commissioners of any county shall find in tbeir county, or have called to their attention, the existence of a case described in Section 3 of this Act,, who in tb.e opinion of said :Board is in need of treat­ ment,) they shall file in either the District Court, Count;y

Court, or Juvenile Court of their county, an application signed by one of their number, for the treatment of such person at the University Hospital, provided, such county is the legal residence of such person. Such a.pplioa.tion shall be made in triplicate on blanks to be furnished by the University Hospital and shall contain a full statement of the financial condition of the person sought to be treated, and a general statement of bis

/ physical condition, and shall be verified. Upon the filing of

. �• ·0.,, -\t,�''.1• such application with said court a.a above specified, it shall

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� c _ r t•l\ be the duty of the Judge of said court to ca.use a thorough

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· - ,. \t, vesti�ation to be made by the county attorney or other public

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,,., . 6. 1 official of said county into the financial condition of said

person sought to be treated and to secure report of such inves­ tigation within such time as said court may direct; and it

shall be the duty of any public official of any county, city, town or village of the residence of .tbe person sought to be treated, to supply to t�e court on request thereof, all information with­ in his knowledge relative to the financial situation of the person sought to be treated. Except in counties where the county attorney or other public official making such investi­ gation as h.ereinbefore provided shall receive a fixed salary, such county attorney or other public official making such inves­ ti�a.tion shall receive for bis services therein the sum or• not

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spent, together with necessary expenses paid out in making such investigation, which fee and expenses shall be pa.id by the

county of residence of said patient, and it shall be the duty of the Board of County Commissioners to provide for such pay-ment.

It shall further be the duty of said court to appoint a physician of said county who shall make personally an exami­ nation of the person on whose behalf application for treatment has been filed. Said physician shall thereupon make and file with the court a verified report in writing setting forth the nature and history of the case, the findings on physical examination, and such other information as will be likely to a.id in the med­ ical or surgical treatment of the malady, deformity, or ailment affecting said person, and shall also state in his report whether

or not in hie opinion the condition of such person can probably be remedied by the hospital care sought. The report of said physician shall be made in triplicate within such time a.a the court may direct and upon blanks to be furnished by the Univer­ sity Hospital for that purpose. Tbe physician appointed to make said examination, unless he is already a salaried officer of the county or some division thereof, shall receive not to exceed Five Dollars ($5.00) for making said examination, and in any case sball receive his actual and necessary expenses, which fee and expenses shall be paid by the county of residen'be of said patient. and it shall be the duty of the Board of County Com­ missioners to provide for such payment.

If said person on whose behalf application is made, or in case of a minor, the pa.rent or parents, guardian or trastee, in representative capacity, or the person having legal custody over him, or legal responsibility for his support or maintenance,

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fix a date for such hearing upon the application and shall cause the person or the parent or parents, 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 report, or after such hear-ing, or both, said judge shall be satisfied that the person on whose behalf application is made is not financially able to pro­ vide 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 over him or legal responsibility for his support or maintenance, is not financially able to pro­ vide such treatment, and shall further be satisfied that he is afflicted with a malady, deformity or ailment which ean prob­ ably be remedied by hospital care and treatment, then said court shall enter an order finding such facts and certifying bis approval of said application, and with the consent of the

said person or parent, guardian or trustee, or other person hav­ ing legal custody of said person, as the case may be, shall enter an order directing that ea.id person shall be taken to the University Hospital for proper hospital ca.re and medical

or surgical treatment. The expense of such hospital care and

is

treatment/to b·e met in the manner hereinafter provided.

In case the court is not so satisfied, be may take additional testimony or make such further investigation as to him shall seem proper. The court may reject any application which is found to be without sufficient merit.

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of the University Hospital and asoertain whether or not the applicant oan be received as a patient, and shall thereupon potify said patient whether or not he can be received. A copy of the application, the physician's report, and order of the court approving the application shall be sent to the super­ intendent of the hospital and to tb.e Chairman of the Board of County Commissioners. If tbe court should find that an appli­ cant or the person legally responsible for bis or her care, is able to pay in part, but not in full, for care at the Uni­ versity Hospital at the rate to be charged as determined in

Section 6 of this Act, the oourt 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 finding upon the application of said person, provided, that no such. person shall be received into the said University Hospital for care and treatment unless in the judgment of the superin­ tendent of said hospital, said patient shall be a suitable case in which there shall be a reasonable probability of such person being benefited by such hospital care and medical or

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SECTION For the purpose of carrying out the provisions of this Act, there shall be set aside biennially in tbe General Appropriation Act, a fund to be known as the University Hospital Fund. The General Assembly of the State

of Colorado at each regular session shall appropriate for said University Hospital fund a sum not less than. ________ _ _______________ Dollars.

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SECTION • The Board of Regents of the University of Colorado is hereby prohibited from creating any debt against the University Hospital, or in any manner incurring the same, or from incurring any expenses beyond its ability to pay from the appropriation made therefor.

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SECTION • There shall be levied and assessed upon all taxable property in this state, real and personal, for the support of such University Hospital as herein provided, a tax of one-fifth of a mill on each. and every dollar, to be known as the University Hospital Tax, such revenue to be

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SECTION Tbere shall be diverted from the

1nberitance tax fund a sum equal to _______ per cent

(

%)

of all moneys collected for said fund for the support

of the University Hospital as herein provided. Said amount shall be taken from tbe inheritance tax fund and placed in

tl'le· University Hospital fund, quarterly, same to commence as

of _____ day of __________ , A.D. 1924, the amount to be set aside at this time to be for the :precedin� quarter

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SECTION • That the county from which anyone is sent for treatment to the University Hospital shall be liable for one-half of the actual cost attending on the hospi­ tal care, treatment, unusual treatment and apparatus of such party until they shall have been finally discharged by the superintendent of said University Hospital, and the county sending said patient shall pay·for the above stated for each party sent until final discharge.

At its first meeting in each month, the Board of Regents of the State University shall prepare and transmit to the respective Boards of County Commissioners of tbe several counties liable for auoh hospital care, treatment, unusual treatment and apparatus, a certificate showing in detail the person on whose account such expenses were incurred, the a.mount due on each sucb person, respectively, for the month preceding, and the said Board of County Commissioners shall allow the

sum so certified against their respective counties, and shall pay the same in cash to the Univerwity Hospital, tbe same as

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