CO · jury_instructions
COLJI-Crim. 13:36.SP
ABUSE OF HEALTH INSURANCE—SPECIAL INSTRUCTION (REGULAR BUSINESS PRACTICE)
Evidence of the following gives rise to a permissible inference that a
person was engaged in waiving the deductible or copayment as a regular
business practice:
[A person provided health care and waived the deductible or
copayment for more than one-fourth of his [her] patients during any
calendar year [, excluding patients covered by [insert a description of
the relevant exclusion from section 18-13-119(5)]].]
[A person provided health care and advertised through newspapers,
magazines, circulars, direct mail, directories, radio, television, or
otherwise that he [she] would accept from any third-party payor, as
payment in full for services rendered, the amount the third-party
payor covers.]
A permissible inference allows, but does not require, you to find a
fact from proof of another fact or facts, if that conclusion is justified by the
evidence as a whole. It is entirely your decision to determine what weight
shall be given the evidence.
You must bear in mind that the prosecution always has the burden of
proving each element of the offense beyond a reasonable doubt, and that a
permissible inference does not shift that burden to the defendant.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
958e6966962a3646e537af360a3af843796b9ef3eaaf977d208d98f74f3d369f
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