Supreme Court of Colorado
Colorow Health Care, LLC ; Qp Health Care Services, LLC, D/b/a Vivage; Travis Young ; Beverly Cole; and Michael…
June 11, 2018420 P.3d 259
Summary
The court held that the Health Care Availability Act requires substantial, rather than strict, compliance with its notice-formatting requirements for health-care arbitration agreements. The agreement substantially complied because the notice was in larger-than-required type, all capital letters, separated from other text, and entered into voluntarily despite not being bold-faced. The court reversed the court of appeals and remanded for further proceedings. Justice Hart, joined by Justice Gabriel, dissented, concluding that the statute requires strict compliance and that the agreement's formatting and typographical defects invalidated it.