French v. Centura Health Corp.

2022 CO 20. No. 20SC565. Contracts—Incorporation by Reference—Amount of Compensation and Value of Services.

May 16, 2022

In this case, the Supreme Court considered whether a hospital’s chargemaster, a database that lists rates for specific medical services and supplies, was incorporated by reference into hospital services agreements that a patient had signed. The Court concluded that because the patient neither had knowledge of nor assented to the chargemaster, which was not referenced in the hospital services agreements or disclosed to her, the chargemaster was not incorporated by reference into the hospital services agreements. Accordingly, the hospital services agreements left the price term open, and the jury appropriately determined that term.

The Court reversed the judgment of the division below.