Advanced Injury Treatment Center, LLC, a Colorado limited liability company and its networked healthcare providers (collectively, “AITC”) and the above-named patient (“Patient”) agree as following regarding the above information and circumstances:
AITC hereby agrees to provide medical services and care to the Patient within the scope of AITC’s clinical practice for the Injuries suffered by Patient arising out of the above-described accident or incident and to delay payment for such charges under the terms of this Agreement in exchange for the Patient’s grant to AITC of the Lien, as defined below.
Patient hereby agrees to grant and grants to AITC a health-care provider lien pursuant to Colorado Revised Statutes, §§ 38-27.5-101 through-108, to secure the payment of all medical care services provided to Patient by AITC for AITC’s treatment of Patient arising out of the above-described Injuries caused by the negligence or wrongful act of another person on any money received as a result of any Claims Patient has asserted or may assert on account of such Injuries against any third party or parties or under an uninsured or underinsured motorist insurance policy (the “Lien”).
AITC agrees that the charges for the medical services and care provided to the Patient under this Agreement underlying the Lien will be at the rate of its usual and customary billed charges, that such billed charges will not be excessive, unreasonable, or inflated and that such billed charges will not be subject to surcharges, finance charges, interest, or other increases in the amount of the Lien above AITC’s usual and customary billed charges.
AITC acknowledges and agrees that the maximum amount that may be collected under this Agreement and Lien by AITC or any assignee of the Lien is the total amount of AITC’s usual and customary billed charges for the medical services and care provided by AITC to Patient and that Patient is not liable for such billed charges if Patient does not receive a judgment, settlement, or payment on his or her claims against third parties or under an uninsured or underinsured motorist insurance policy for Patient’s Injuries and that Patient is not liable under this Agreement and the Lien for any amount in excess of the amount of any net judgment, settlement, or payment, as defined by C.R.S. §38-27.5-102(3), on his or her claims against third parties or under an uninsured or underinsured motorist insurance policy for Patient’s Injuries.
Patient represents to AITC that he or she is a resident of the state of Colorado and that, to the best of his or her knowledge, the above information as provided by Patient is true and accurate, that the Injuries are the result of the negligence or wrongful acts of the third parties identified above, and that Patient has no insurance in effect or for which he or she is eligible that would pay for the medical care and services to be provided by AITC under the terms of this Agreement.
Patient hereby authorizes AITC to publish notice of the Lien in the statutory lien records of the Colorado Secretary of State which notice will disclose Patient’s name and address, the fact of treatment by AITC, and any other information permitted or required by law concerning statutory liens and which notice and the information contained in it will be accessible to the general public by, among other means, an online computer search of the Colorado Secretary of State’s records.
Patient further authorizes AITC and any assignee of the Lien to disclose and use all information, including, but not limited to, protected health information, concerning AITC’s care and treatment of and services provided to Patient concerning Patient’s Injuries arising from the foregoing accident or incident, which might include any medical history information that pre-dates the accident or incident, as convenient or necessary for AITC or any assignee of the Lien to enforce and collect on the Lien and to disclose the same information to the Patient’s legal counsel. Patient hereby authorizes his or her below described legal counsel to disclose to AITC any and all information related the Claims requested by AITC or any assignee of the Lien.