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SB 25-130

Providing Emergency Medical Services

2025 Regular Session Introduced by Judy Amabile and 59 co-sponsors

Requires emergency facilities to treat all requesting patients promptly, nondiscriminatorily, with proper transfer/discharge rules and centralized care documentation.

Governor Signed
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Bill Summary · SB 25-130

SB 25-130 — Providing Emergency Medical Services

Status: Governor signed (May 14, 2025) | Introduced: Feb 5, 2025

Purpose

SB 25-130 adds state requirements for emergency facilities so that people who present for emergency care receive timely, non‑discriminatory treatment without delay or concern about ability to pay. Many provisions mirror federal EMTALA standards and clarify transfer, discharge, reporting, enforcement, and liability rules under Colorado law.

Key provisions

  • Scope: Applies to “facilities” providing emergency medical services (hospitals, free‑standing emergency departments, community clinics with emergency services).
  • Mandatory care: A facility must provide emergency medical services when a person requests them or when a “prudent layperson” would reasonably believe the person needs emergency care.
  • Central log: For each person who presents, the facility must record in a central database whether the person refused treatment, was denied treatment, required no treatment, was transferred, admitted and treated, stabilized and transferred, or discharged.
  • Nondiscrimination: Designates emergency facilities as places of public accommodation; prohibits denying or discriminating in emergency care for unlawful or discriminatory reasons (consistent with Part 6 of Article 34, Title 24).
  • Financial inquiries: Facilities may not delay emergency care to inquire about a patient’s ability to pay; billing or payment questions must occur after services are rendered.
  • Transfers: A patient with an unstabilized emergency condition may be transferred only if specific safeguards are met, including minimizing risk before transfer, receiving facility capacity and acceptance, safe transport with qualified personnel/equipment, sharing available medical records, conformity with State Board of Health rules and EMTALA, and either a written patient/representative request or physician certification that benefits of transfer outweigh risks.
  • Discharges: Patients may only be discharged once stabilized, except when a patient (after being informed of risks and obligations) requests discharge in writing or refuses further treatment; informed refusal must be documented.
  • Liability exceptions: No violation if an appropriate medical screening exam is performed and the examining provider documents that no emergency condition exists, that transfer/discharge was appropriate, or that inpatient admission occurred in good faith for stabilization.
  • Provider protections: Facilities may not take adverse action against providers for refusing to transfer an unstabilized patient.
  • Enforcement and penalties: CDPHE may investigate negligent violations; the Medical Board may discipline physicians for certain misconduct (e.g., false certifications, misrepresentation, on‑call failures). Civil penalties under state law must be reduced by any federal EMTALA penalty for the same violation. Fiscal notes and prior drafts indicate the Attorney General may have authority to seek injunctive relief or civil penalties and that a private right of action was included in earlier versions.

Fiscal and administrative impact

  • Appropriation: The enacted bill includes an FY 2025‑26 appropriation of $82,768 cash funds (Health Facilities General Licensure Cash Fund) to the Colorado Department of Public Health & Environment (CDPHE) and staffing to implement rulemaking and enforcement (approximately 0.7 FTE initially).
  • Estimated state costs: Legislative Council Staff estimated increased CDPHE expenditures of about $98,458 in FY 2025‑26 and roughly $202,126 in FY 2026‑27 (including centrally appropriated costs). Ongoing workload effects are expected for DORA, the Department of Law, the Attorney General, and the Judicial Department.
  • Revenue: Possible increases in Judicial Department filing fees and General Fund revenue if civil penalties are collected; TABOR applies.

Who is affected

  • Patients seeking emergency care (broader protections and documentation).
  • Hospitals, free‑standing emergency departments, community clinics (new operational, reporting, and transfer/discharge requirements).
  • Health‑care providers (new documentation/discipline standards; protections against employer retaliation for refusing transfers).
  • State agencies (CDPHE, DORA, Attorney General, Judicial Branch) for enforcement, rulemaking, and potential litigation.

Effective date

The act takes effect upon the Governor’s signature (May 14, 2025).

Compiled from official sources — confirm details with the bill’s official record.

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