Article 6-1-1705. Consumer rights - correction - human review and

1 obligation

CO-ADMT-6-1-1705-05 Requirement

Attorney General Rulemaking Deadline (Not a Company Obligation)

The Colorado Attorney General shall adopt rules on or before January 1, 2027, to clarify and implement the requirements

Article 6-1-1706. Enforcement by the attorney general - deceptive trade

9 obligations

CO-ADMT-6-1-1706-01 Reporting

AG Enforcement via Colorado Consumer Protection Act

The Attorney General must enforce Part 17 (this Act) through the mechanisms and procedures established under the Colorad

CO-ADMT-6-1-1706-02 Prohibition

Exclusive AG Enforcement of Disclosure and Consumer Rights Provisions

Violations of the disclosure requirements and consumer rights described in Sections 6-1-1702, 6-1-1703, 6-1-1704, and 6-

CO-ADMT-6-1-1706-03 Prohibition

Violation of Part 17 Constitutes Deceptive Trade Practice

Any violation of Part 17 by a developer or deployer is deemed a deceptive trade practice and subject to the penalties an

CO-ADMT-6-1-1706-04 Requirement

AG Must Issue Notice of Violation Before Enforcement (Where Cure Possible)

Prior to bringing any enforcement action for a violation of Part 17, the Attorney General must issue a notice of violati

CO-ADMT-6-1-1706-05 Requirement

Developer/Deployer Obligation to Cure Violation Within 60 Days

Upon receipt of a notice of violation from the Attorney General, a developer or deployer must cure the identified violat

CO-ADMT-6-1-1706-06 Prohibition

No Cure Period Required for Knowing or Repeated Violations

If the Attorney General finds and can demonstrate that a developer or deployer knowingly violated Part 17, or that a dev

CO-ADMT-6-1-1706-07 Reporting

Annual AG Reporting on Enforcement Actions and Cure Periods (2028-2029)

Beginning in January 2028 and annually thereafter (through repeal in 2030), the Attorney General must include in the Dep

CO-ADMT-6-1-1706-08 Requirement

AG Rulemaking Authority to Implement and Clarify Part 17

The Attorney General may adopt rules as necessary to implement and clarify Part 17, including rules clarifying the defin

CO-ADMT-6-1-1706-09 Requirement

AG Must Use Stakeholder Engagement Process in Rulemaking

When adopting rules under Part 17, the Attorney General must utilize a process that meaningfully engages stakeholders, i

Article 6-1-1707. Liability - fault - allocation - no joint and several

5 obligations

CO-ADMT-6-1-1707-01 Prohibition

Prohibition on Indemnification/Hold-Harmless Clauses for Discriminatory ADMT Use

Developers and deployers must not include, and cannot enforce, any contract provision (in an ADMT-use contract or any ot

CO-ADMT-6-1-1707-02 Conformity

Developer Liability Contingent on Compliance with Section 6-1-1702

For a developer to be shielded from liability (and to benefit from the voiding of indemnification clauses under subsecti

CO-ADMT-6-1-1707-03 Risk Management

Alignment of Marketing, Documentation, and Contracting with Intended ADMT Use

A developer's liability exposure for a deployer's use of covered ADMT is determined by whether that use was intended, do

CO-ADMT-6-1-1707-04 Requirement

No Defense or Excuse from Other Legal Obligations via ADMT Use or Part 17 Compliance

Developers and deployers cannot use compliance with the requirements of Part 17 (this Act), or the mere use of an ADMT i

CO-ADMT-6-1-1707-05 Requirement

Fault Allocation Among Developers and Deployers (Court-Directed Rule)

In discrimination actions arising from ADMT-influenced consequential decisions, courts must allocate fault among deploye

Article 6-1-1708. Compliance with other legal obligations - insurers -

8 obligations

CO-ADMT-6-1-1708-01 Transparency

Insurer Disclosure When Not Deemed Compliant

If an insurer (as defined in section 10-1-102(13)) and affiliated entities subject to section 10-3-1104.9 are not deemed

CO-ADMT-6-1-1708-02 Transparency

General Notice of Advanced Technology Use to Patients

A covered entity (as defined under HIPAA, 42 U.S.C. Secs. 1320d to 1320d-9, and its implementing regulations, or a busin

CO-ADMT-6-1-1708-03 Transparency

Financial Assistance Eligibility - Plain Language Decision Description

A covered entity that uses a covered ADMT to determine a patient's eligibility for financial assistance, including disco

CO-ADMT-6-1-1708-04 Transparency

Financial Assistance Eligibility - Disclosure of Information Relied Upon

A covered entity using a covered ADMT to determine financial assistance eligibility must disclose to the patient the typ

CO-ADMT-6-1-1708-05 Transparency

Financial Assistance Eligibility - Correction Request Information

A covered entity using a covered ADMT to determine financial assistance eligibility must inform the patient how to reque

CO-ADMT-6-1-1708-06 Human Oversight

Financial Assistance Eligibility - Human Review Request Information

A covered entity using a covered ADMT to determine financial assistance eligibility must provide the patient information

CO-ADMT-6-1-1708-07 Transparency

Timing of Financial Assistance Disclosures

A covered entity may satisfy the financial assistance eligibility disclosure requirements (subsection (3)(d)) either thr

CO-ADMT-6-1-1708-08 Requirement

Deployer Compliance with Federal Health Privacy Law in Case of Conflict

To the extent compliance with section 6-1-1704 or 6-1-1705 would conflict with federal health privacy requirements (e.g.

Article 6-1-1709. No new private right of action - application of other

2 obligations

CO-ADMT-6-1-1709-01 Prohibition

Part 17 Violations Constitute Deceptive Trade Practices

Any violation of Part 17 (the Colorado Automated Decision-Making Technology Act provisions) by a person in the course of

CO-ADMT-6-1-1709-02 Requirement

Compliance with Part 17 Does Not Excuse Other Legal Obligations

Entities subject to Part 17 must continue to comply with all other applicable laws; compliance with the Automated Decisi