COLJI-Crim. 13:34

The elements of the crime of abuse of health insurance (full payment

by third-party payor) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. provided health care, and

4. knowingly,

5. accepted from any third-party payor, as payment in full for

services rendered, the amount the third-party payor covered,

and

6. the effect was to eliminate the need for payment by the patient

of any required deductible or copayment applicable in the

patient’s health benefit plan.

[7. and that the defendant’s conduct was not legally authorized by

the affirmative defense[s] in Instruction[s] ___.]

After considering all the evidence, if you decide the prosecution has

proven each of the elements beyond a reasonable doubt, you should find

the defendant guilty of abuse of health insurance (full payment by third-party payor).

After considering all the evidence, if you decide the prosecution has

failed to prove any one or more of the elements beyond a reasonable doubt,

you should find the defendant not guilty of abuse of health insurance (full

payment by third-party payor).