Colorado’s CANDOR Act

The Colorado CANDOR Act is a voluntary program that went into effect in July of 2019 and provides patients, their families and their healthcare providers with an opportunity to engage in open and compassionate communication in a safe and confidential environment. It is designed to assist with the questions patients and their families have when there is an adverse health care incident resulting in injury or death. 

One of the many positive aspects of the CANDOR program is that it is designed to be a non-adversarial process to address questions patients and/or their families have about care and treatment. It affords a healthcare provider the opportunity to honestly and openly answer those questions, discuss the medicine and the clinical judgment and thought process the provider employed in that care.  

In certain circumstances, the CANDOR act provides a mechanism by which a healthcare provider can assist a patient or their family financially without a requirement that such payment be reportable to the Board. This is allowed because CANDOR has a requirement that it cannot be initiated once a written complaint or claim demanding payment has been made by the patient or their family. 

The CANDOR Act itself does not limit a patient’s ability to use the legal system. A patient or their family may utilize the program, without compensation and release, and still choose to file a lawsuit. The difference is that the discussions and communications that took place during the process – which includes any offers of compensation – remain privileged and confidential and cannot be used by the patient in any further legal action.  

While it is not necessary for either party to the conversation to retain legal assistance, it is highly recommended. There are several requirements that must take place for the CANDOR process to be utilized properly and an experienced attorney can not only assist with the initial notices and forms, but also the gathering of information and preparation for the next step of the process: the meeting. 

CANDOR is beneficial in that it allows for this safe communication. But, make no mistake, it can be emotionally difficult for both the patient and the healthcare provider. The conversation is taking place with a patient who was adversely affected and it can be hard for them to express what they have experienced, just as it can be difficult for a caring provider to hear their patient’s struggles. However, through that communication, understanding can occur and often lead to resolution of emotional, physical and potentially financial struggles resulting from the adverse outcome.