Construction Litigation Reform


HB19-1004 Proposal For Affordable Health Coverage Option 
Short Title: Proposal For Affordable Health Coverage Option
Sponsors: D. Roberts | M. Catlin / K. Donovan
Summary:

Proposal for a state option for health care coverage - creation - division of insurance - appropriation. The act requires the department of health care policy and financing and the division of insurance in the department of regulatory agencies (departments) to develop and submit a proposal (proposal) to certain committees of the general assembly concerning the design, costs, benefits, and implementation of a state option for health care coverage. Additionally, the departments shall present a summary of the proposal at the annual joint hearings with the legislative committees of reference during the interim before the 2020 legislative session.

The proposal must contain a detailed description of a state option and must identify the most effective implementation of a state option based on affordability to consumers at different income levels, administrative and financial burden to the state, ease of implementation, and likelihood of success in meeting the objectives described in the act. The proposal must also identify any necessary changes to state law to implement the proposal.

In developing the proposal, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, employers, providers, and carriers. Further, the departments shall review any information relating to a pilot program operated by the state personnel director as a result of legislation that may be enacted during the 2019 legislative session.

The departments shall prepare and submit any necessary federal waivers or state plan amendments to implement the proposal, unless a bill is filed within the filing deadlines for the 2020 legislative session that substantially alters the federal authorization required for the proposal and the bill is not postponed indefinitely in the first committee.

For the 2018-19 state fiscal year, the act appropriates $75,000 from the general fund to the department of health care policy and financing for professional services, and $115,500 from the general fund to the department of regulatory agencies for the division of insurance for personal services.

For the 2019-20 state fiscal year, the act appropriates $150,000 from the general fund to the department of health care policy and financing for professional services, and $231,000 from the general fund to the department of regulatory agencies for the division of insurance for personal services.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 03/04/2019 - House Floor Vote for HB19-1004
  ArndtY   BaisleyN   BeckerY   BeckmanN
  BenavidezY   BirdY   BockenfeldN   BuckN
  BucknerY   BuentelloY   CaraveoY   CarverN
  CatlinY   ColemanY   CutterY   District 57V
  DuranY   EsgarY   ExumY   FroelichY
  GalindoY   GarnettY   GeitnerN   Gonzales-GutierrezY
  GrayY   HansenY   HerodY   HootonY
  HumphreyN   JacksonY   Jaquez LewisY   KennedyY
  KippY   Kraft-TharpY   LandgrafY   LarsonN
  LewisN   ListonY   LontineY   McCluskieY
  McKeanN   McLachlanY   MeltonY   Michaelson JenetY
  MullicaY   NevilleN   PeltonY   RansomN
  RichN   RobertsY   SaineN   SandridgeN
  SingerY   SirotaY   SnyderY   SoperY
  SullivanY   TipperY   TitoneE   Valdez A.Y
  Valdez D.Y   Van WinkleN   WeissmanY   Williams D.N
  WilsonY


04/17/2019 - Senate Floor Vote for HB19-1004
  BridgesY   CookeN   CoramN   CourtY
  CrowderN   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GardnerN   GinalY
  GonzalesY   HillN   HiseyN   HolbertN
  LeeY   LundeenN   MarbleN   MorenoY
  PettersenY   PresidentY   PriolaN   RankinN
  RodriguezY   ScottN   SmallwoodN   SonnenbergN
  StoryY   TateN   ToddY   Williams A.Y
  WinterY   WoodwardN   ZenzingerY


Status: 5/17/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News: There Are Just 2 Weeks Left In The Legislative Session. Here’s What Majority Democrats Still Want To Get Done
Audio, Floors and Committees:

HB19-1060 Repeal Colorado Department Of Public Health And Environment Facility Life Safety Statutes 
Short Title: Repeal Colorado Department Of Public Health And Environment Facility Life Safety Statutes
Sponsors: H. McKean / R. Zenzinger
Summary:

Department of public health and environment - fire safety - life safety - rule-making authority - repeal. The act repeals statutory provisions that require the department of public health and environment (department) to adopt rules relating to fire safety of health facilities and allow the department to establish a life safety code for health facilities, because these functions were transferred to the department of public safety.
(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 01/28/2019 - House Floor Vote for HB19-1060
  ArndtY   BaisleyY   BeckerY   BeckmanY
  BenavidezY   BirdY   BockenfeldY   BuckY
  BucknerY   BuentelloY   CaraveoY   CarverY
  CatlinY   ColemanY   CutterY   District 57V
  DuranY   EsgarY   ExumY   FroelichY
  GalindoY   GarnettY   GeitnerY   Gonzales-GutierrezY
  GrayY   HansenY   HerodY   HootonY
  HumphreyY   JacksonY   Jaquez LewisY   KennedyY
  KippY   Kraft-TharpY   LandgrafY   LarsonY
  LewisY   ListonY   LontineY   McCluskieY
  McKeanY   McLachlanY   MeltonY   Michaelson JenetY
  MullicaY   NevilleY   PeltonY   RansomY
  RichY   RobertsY   SaineY   SandridgeY
  SingerY   SirotaY   SnyderY   SoperY
  SullivanY   TipperY   TitoneY   Valdez A.Y
  Valdez D.Y   Van WinkleY   WeissmanY   Williams D.Y
  WilsonY


02/15/2019 - Senate Floor Vote for HB19-1060
  BridgesY   CookeY   CoramE   CourtY
  CrowderY   DanielsonE   DonovanY   FenbergY
  FieldsY   FooteY   GarciaY   GardnerY
  GinalY   GonzalesY   HillE   HiseyY
  HolbertY   LeeY   LundeenY   MarbleE
  MorenoY   PettersenY   PriolaY   RankinY
  RodriguezY   ScottE   SmallwoodY   SonnenbergY
  StoryY   TateY   ToddY   Williams A.Y
  WinterY   WoodwardY   ZenzingerE


Status: 2/28/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

HB19-1089 Exemption From Garnishment For Medical Debt 
Short Title: Exemption From Garnishment For Medical Debt
Sponsors: K. Tipper | A. Valdez / B. Pettersen | D. Moreno
Summary:

The bill exempts a person's earnings from garnishment if the person's family income does not exceed 400% of current federal poverty guidelines and the judgment is for medical debt. A writ of continuing garnishment must include notice that a person's earnings may be exempt if those criteria are met, notice of the judgment debtor's right to object and have a hearing on that objection, and a statement that, to the best of the judgment creditor's knowledge, the judgment debtor's earnings are not exempt.

The bill takes effect on January 1, 2020, and applies to judgments entered on or after that date.


(Note: This summary applies to this bill as introduced.)

Position:
Floor Votes:
Status: 2/4/2019 House Committee on Finance Postpone Indefinitely
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

HB19-1150 Recreate Consumer Insurance Council 
Short Title: Recreate Consumer Insurance Council
Sponsors: B. Titone / J. Danielson
Summary:

Consumer insurance council - recreation - membership - meetings - expense reimbursement - sunset review. The act recreates and reenacts the consumer insurance council and its duties and responsibilities, as they existed prior to the repeal of the council on July 1, 2018, with the following modifications:

  • The council's authority to issue annual consumers' choice awards to health insurers is not reenacted;
  • The council is to consist of at least 6 members and not more than 15 members, consumers not engaged in the insurance industry may serve on the council, the council is to reflect the state's demographic diversity in addition to geographic diversity but need not include representation from each congressional district in the state, and the commissioner is to timely appoint members to the council;
  • Members are to be reimbursed for actual and necessary expenses incurred in traveling to and from council meetings, including any required dependent care and dependent or attendant travel, food, and lodging expenses;
  • The council is to meet quarterly and may request to meet up to 4 more times per year; and
  • The council is authorized to submit recommendations to the commissioner, and the commissioner is required to timely respond to council recommendations.

The council is scheduled for sunset review and repeal on September 1, 2029.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 03/06/2019 - House Floor Vote for HB19-1150
  ArndtY   BaisleyN   BeckerY   BeckmanN
  BenavidezY   BirdY   BockenfeldN   BuckN
  BucknerY   BuentelloY   CaraveoY   CarverN
  CatlinN   ColemanY   CutterY   DuranY
  EsgarY   ExumY   FroelichY   GalindoY
  GarnettY   GeitnerN   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyN
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafN   LarsonN   LewisN
  ListonN   LontineY   McCluskieY   McKeanN
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleN   PeltonN   RansomN   RichN
  RobertsY   SaineN   SandridgeN   SingerY
  SirotaY   SnyderY   SoperN   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleN   WeissmanY   WillN   Williams D.N
  WilsonN


04/03/2019 - Senate Floor Vote for HB19-1150
  BridgesY   CookeY   CoramY   CourtY
  CrowderY   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GardnerY   GinalY
  GonzalesY   HillN   HiseyY   HolbertY
  LeeY   LundeenN   MarbleN   MorenoY
  PettersenY   PresidentY   PriolaY   RankinY
  RodriguezY   ScottY   SmallwoodY   SonnenbergN
  StoryY   TateY   ToddY   Williams A.Y
  WinterY   WoodwardN   ZenzingerY


Status: 4/16/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

HB19-1168 State Innovation Waiver Reinsurance Program 
Short Title: State Innovation Waiver Reinsurance Program
Sponsors: J. McCluskie | J. Rich / K. Donovan | B. Rankin
Summary:

Reinsurance program - creation - payments for high-cost insurance claims - program contingent on federal waiver or funding approval - special fees - premium tax revenues - other funding sources - cash fund created - appropriation - repeal. The act authorizes the commissioner of insurance to apply to the secretary of the United States department of health and human services for a state innovation waiver, federal funding, or both, to allow the state to implement and operate a two-year reinsurance program to assist health insurers in paying high-cost insurance claims. The state cannot implement the program absent waiver or funding approval from the secretary. The program is established as an enterprise for purposes of section 20 of article X of the state constitution so long as the program satisfies enterprise status requirements.

The commissioner is to establish payment parameters at levels to effectuate targeted insurance premium reductions. The payment parameters include:

  • The attachment point, above which claims costs are eligible for reinsurance payments;
  • The coinsurance rate at which the program will reimburse carriers for claims above the attachment point; and
  • The reinsurance cap, above which claims costs are no longer eligible for reinsurance payments from the program.

The commissioner is authorized to assess special fees against hospitals and, under specified circumstances, against health insurers to provide funding for the program. Additionally, the program is to receive money from the following sources to operate the program:

  • Federal pass-through funding or other federal funds made available for the program;
  • For the 2020-21 and 2021-22 fiscal years, an amount of premium tax revenues collected under current law that exceeds the amount collected in calendar year 2019;
  • $15 million in 2020 and $40 million in 2021 from the general fund, contingent on the passage of House Bill 19-1245; and
  • Any money the general assembly appropriates to the program fund.

The act creates the reinsurance program cash fund and continuously appropriates the money in the fund to the division of insurance to operate the program. The commissioner is also authorized to seek, accept, and expend gifts, grants, or donations from private or public sources.

The program repeals on September 1, 2023, unless the federal government denies the waiver or funding request, in which case the program repeals upon that denial.

$785,904 is appropriated to the department of regulatory agencies for use by the division of insurance to implement the act.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 04/08/2019 - House Floor Vote for HB19-1168
  ArndtY   BaisleyN   BeckerY   BeckmanN
  BenavidezY   BirdY   BockenfeldN   BuckN
  BucknerY   BuentelloE   CaraveoY   CarverN
  CatlinY   ColemanY   CutterY   DuranY
  EsgarY   ExumY   FroelichY   GalindoY
  GarnettY   GeitnerN   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyN
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafY   LarsonN   LewisE
  ListonY   LontineY   McCluskieY   McKeanY
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleN   PeltonN   RansomN   RichY
  RobertsY   SaineN   SandridgeN   SingerY
  SirotaY   SnyderY   SoperY   SullivanY
  TipperY   TitoneE   Valdez A.Y   Valdez D.Y
  Van WinkleN   WeissmanY   WillY   Williams D.N
  WilsonY


05/02/2019 - Senate Floor Vote for HB19-1168
  BridgesY   CookeN   CoramY   CourtY
  CrowderY   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GardnerN   GinalY
  GonzalesY   HillN   HiseyY   HolbertN
  LeeY   LundeenN   MarbleN   MorenoY
  PettersenY   PresidentY   PriolaN   RankinY
  RodriguezY   ScottY   SmallwoodN   SonnenbergN
  StoryY   TateN   ToddY   Williams A.Y
  WinterY   WoodwardN   ZenzingerY


Status: 5/17/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News: There Are Just 2 Weeks Left In The Legislative Session. Here’s What Majority Democrats Still Want To Get Done
Colorado’s proposed first-in-the-nation health insurance program just got a big rewrite. Here’s what changed.
8 ways Colorado lawmakers want to make health care cheaper
Audio, Floors and Committees:

HB19-1174 Out-of-network Health Care Services 
Short Title: Out-of-network Health Care Services
Sponsors: D. Esgar | M. Catlin / B. Gardner | B. Pettersen
Summary:

Health insurance - out-of-network health care services - disclosures - claims - reimbursement rates - deceptive trade practice - rules - appropriation. The act:

  • Requires health insurance carriers, health care providers, and health care facilities to provide patients covered by health benefit plans with information concerning the provision of services by out-of-network providers and in-network and out-of-network facilities;
  • Outlines the disclosure requirements and the claims and payment process for the provision of out-of-network services;
  • Requires the commissioner of insurance, the state board of health, and the director of the division of professions and occupations in the department of regulatory agencies to promulgate rules that specify the requirements for disclosures to consumers, including the timing, the format, and the contents and language in the disclosures;
  • Establishes the reimbursement amount for out-of-network providers that provide health care services to covered persons at an in-network facility and for out-of-network providers or facilities that provide emergency services to covered persons; and
  • Creates a penalty for failure to comply with the payment requirements for out-of-network health care services.

The act appropriates $33,884 from the general fund to the department of public health and environment and $63,924 from the division of insurance cash fund to the division of insurance to implement the act.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 03/22/2019 - House Floor Vote for HB19-1174
  ArndtY   BaisleyY   BeckerY   BeckmanE
  BenavidezY   BirdY   BockenfeldY   BuckN
  BucknerY   BuentelloY   CaraveoY   CarverY
  CatlinY   ColemanY   CutterY   DuranY
  EsgarY   ExumY   FroelichY   GalindoY
  GarnettY   GeitnerY   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyN
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafY   LarsonY   LewisN
  ListonY   LontineY   McCluskieY   McKeanY
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleY   PeltonY   RansomN   RichY
  RobertsY   SaineY   SandridgeY   SingerY
  SirotaY   SnyderY   SoperY   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleY   WeissmanY   WillY   Williams D.Y
  WilsonY


04/30/2019 - Senate Floor Vote for HB19-1174
  BridgesY   CookeN   CoramY   CourtY
  CrowderY   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GardnerY   GinalY
  GonzalesY   HillN   HiseyY   HolbertN
  LeeY   LundeenY   MarbleY   MorenoY
  PettersenY   PresidentY   PriolaY   RankinY
  RodriguezY   ScottY   SmallwoodY   SonnenbergN
  StoryY   TateY   ToddY   Williams A.Y
  WinterY   WoodwardY   ZenzingerY


Status: 5/15/2019 Sent to the Governor
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

HB19-1176 Health Care Cost Savings Act of 2019 
Short Title: Health Care Cost Savings Act of 2019
Sponsors: E. Sirota | S. Jaquez Lewis / M. Foote
Summary:

Health care cost analysis task force - creation - analysis of health care financing systems - report - gifts, grants, and donations - repeal - appropriation. The act creates the health care cost analysis task force (task force). The president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint one legislative member to the task force. The governor shall appoint 4 members to the task force. The executive directors of the departments of human services, public health and environment, and health care policy and financing, or their designees, also serve on the task force.

The task force is required to issue a competitive solicitation in order to select an analyst to provide a detailed analysis of fiscal costs and other impacts to 3 health care financing systems. The health care financing systems to be analyzed are:

  • The current health care financing system, in which residents receive health care coverage from private and public insurance carriers or are uninsured;
  • A multi-payer universal health care system, in which all residents of Colorado are covered under a plan with a mandated set of benefits that is publicly funded and paid for by employer and employee contributions; and
  • A publicly financed and privately delivered universal health care system that directly compensates providers.

The analyst may use the same specified criteria when conducting the analysis of each health care financing system.

The task force is required to report the findings of the analyst to the general assembly.

The task force may seek, accept, and expend gifts, grants, and donations for the analysis. The general assembly may appropriate money to the health care cost analysis cash fund for the purposes of the task force, the analysis, and reporting requirements.

The act appropriates $92,649 to the department of health care policy and financing from the general fund to implement the act.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 04/23/2019 - House Floor Vote for HB19-1176
  ArndtY   BaisleyN   BeckerY   BeckmanN
  BenavidezY   BirdY   BockenfeldN   BuckN
  BucknerY   BuentelloE   CaraveoY   CarverN
  CatlinN   ColemanY   CutterY   DuranY
  EsgarY   ExumY   FroelichY   GalindoY
  GarnettY   GeitnerN   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyN
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafN   LarsonN   LewisN
  ListonN   LontineY   McCluskieY   McKeanN
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleN   PeltonN   RansomN   RichN
  RobertsY   SaineN   SandridgeN   SingerY
  SirotaY   SnyderY   SoperN   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleN   WeissmanY   WillN   Williams D.N
  WilsonN


05/03/2019 - Senate Floor Vote for HB19-1176
  BridgesY   CookeN   CoramN   CourtY
  CrowderN   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GardnerN   GinalY
  GonzalesY   HillY   HiseyN   HolbertN
  LeeY   LundeenN   MarbleN   MorenoY
  PettersenY   PresidentY   PriolaY   RankinY
  RodriguezY   ScottN   SmallwoodY   SonnenbergN
  StoryY   TateY   ToddY   Williams A.Y
  WinterY   WoodwardN   ZenzingerY


Status: 5/31/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.
News:
Audio, Floors and Committees:

SB19-004 Address High-cost Health Insurance Pilot Program 
Short Title: Address High-cost Health Insurance Pilot Program
Sponsors: K. Donovan / D. Roberts | J. McCluskie
Summary:

Health care cooperatives - consumer protections - consumers negotiating rates.

The act modernizes laws authorizing health care cooperatives in the state to incorporate consumer protections such as coverage for preexisting conditions and to encourage consumers to help control health care costs by negotiating rates on a collective basis directly with providers. The act authorizes the commissioner of insurance to apply for a federal waiver as necessary to implement the act.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 04/03/2019 - Senate Floor Vote for SB19-004
  BridgesY   CookeY   CoramY   CourtY
  CrowderY   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GarciaY   GardnerY
  GinalY   GonzalesY   HillY   HiseyY
  HolbertY   LeeY   LundeenN   MarbleY
  MorenoY   PettersenY   PriolaY   RankinY
  RodriguezY   ScottY   SmallwoodY   SonnenbergY
  StoryY   TateY   ToddY   Williams A.Y
  WinterY   WoodwardY   ZenzingerY


04/17/2019 - House Floor Vote for SB19-004
  ArndtY   BaisleyN   BeckerY   BeckmanY
  BenavidezY   BirdY   BockenfeldY   BuckY
  BucknerY   BuentelloY   CaraveoY   CarverY
  CatlinY   ColemanY   CutterY   DuranY
  EsgarY   ExumY   FroelichY   GalindoY
  GarnettY   GeitnerY   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyN
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafY   LarsonY   LewisY
  ListonY   LontineY   McCluskieY   McKeanY
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleY   PeltonY   RansomY   RichY
  RobertsY   SaineY   SandridgeY   SingerY
  SirotaY   SnyderY   SoperE   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleE   WeissmanY   WillY   Williams D.Y
  WilsonY


Status: 5/17/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: No fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

SB19-005 Import Prescription Drugs From Canada 
Short Title: Import Prescription Drugs From Canada
Sponsors: R. Rodriguez | J. Ginal / S. Jaquez Lewis
Summary:

Prescription drugs - Canadian prescription drug importation program - federal approval - eligible importers and suppliers - eligible prescription drugs - distribution requirements - reports - rules - appropriations. The act creates the "Canadian Prescription Drug Importation Program" (program) in the department of health care policy and financing (department). On or before September 1, 2020, the department shall submit a request to the United States secretary of health and human services for approval of the program. The department shall begin operating the program not later than 6 months after receiving such approval. The department may expend money for the purpose of requesting approval of the program, but the department cannot spend any other money to implement the program until the department receives approval of the program.

Upon receiving approval of the program, the department shall contract with 1 or more vendors to provide services under the program. Each vendor, in consultation with the department and any other vendors, shall establish a wholesale prescription drug importation list (importation list) that identifies the prescription drugs that have the highest potential for cost savings to the state. Each vendor shall revise the list at least annually and at the direction of the department. The department shall review the importation list at least every 3 months to ensure that it continues to meet the requirements of the program. The department may direct a vendor to revise the list, as necessary.

Each vendor shall:

  • Identify, in consultation with the department, Canadian suppliers who are in full compliance with relevant Canadian federal and provincial laws and regulations and who have agreed to export prescription drugs identified on the importation list;
  • Verify that such Canadian suppliers meet the requirements of the program and will export prescription drugs at prices that provide cost savings to the state;
  • Contract with such eligible Canadian suppliers, or facilitate contracts between eligible importers and Canadian suppliers, to import prescription drugs under the program;
  • Assist the department in developing and administering a distribution program within the program;
  • Assist the department with the preparation of an annual report and provide any information requested by the department for the report;
  • Ensure the safety and quality of drugs imported under the program;
  • Maintain a list of all eligible importers that participate in the program;
  • Ensure compliance with the federal "Drug Quality and Security Act" by all Canadian suppliers, eligible importers, distributors, and other participants in the program;
  • Provide an annual financial audit of its operations to the department;
  • Provide to the department quarterly financial reports specific to the program, which reports must include information concerning the performance of the vendor's subcontractors and vendors;
  • Submit evidence of a surety bond in an amount of at least $25,000 with any bid or initial contract negotiation documents and maintain documentation of evidence of the surety bond with the department throughout the contract term; and
  • Maintain the information and documentation submitted to the department for at least 7 years.

The act imposes certain requirements for drugs that are imported under the program, and the act prohibits certain drugs from being imported under the program.

The act states that the following entities are eligible importers under the program:

  • A pharmacist or wholesaler employed by or under contract with a medicaid pharmacy, for dispensing to the pharmacy's medicaid recipients;
  • A pharmacist or wholesaler employed by or under contract with the department of corrections, for dispensing to inmates in the custody of the department of corrections;
  • Commercial plans, as defined by rules promulgated by the medical services board and as approved by the federal government; and
  • A licensed Colorado pharmacist or wholesaler approved by the department.

An eligible importer may import a prescription drug from a Canadian supplier if:

  • The drug meets federal food and drug administration standards and is not a controlled substance, biological product, infused or intravenously injected drug, a drug that is inhaled during surgery, or a parenteral drug deemed a threat to public health; and
  • Importing the drug is expected to generate cost savings and would not violate federal patent laws.

The act requires the department to designate an office or division that must be a licensed pharmaceutical wholesaler or that shall contract with a licensed pharmaceutical wholesaler. The designated office shall:

  • Set a maximum profit margin so that a wholesaler, distributor, pharmacy, or other licensed provider participating in the program maintains a profit margin that is no greater than the profit margin that the wholesaler, distributor, pharmacy, or other licensed provider would have earned on the equivalent nonimported drug;
  • Exclude generic products if the importation of the products would violate United States patent laws applicable to United States-branded products;
  • Comply with certain federal requirements concerning drug quality and security; and
  • Determine a method for covering the administrative costs of the program.

Each participating eligible importer and Canadian supplier shall submit to the vendor specified information about each drug to be acquired by the importer or to be supplied by the Canadian supplier under the program.

The department shall immediately suspend the importation of a specific drug or the importation of drugs by a specific eligible importer if it discovers that any drug or activity is in violation of the act or any federal or state law or regulation. The department may revoke the suspension if, after conducting an investigation, it determines that the public is adequately protected from counterfeit or unsafe drugs being imported into this state.

The executive director of the department shall promulgate rules as necessary for the administration of the program. The department shall approve a method of financing the administrative costs of the program, which method may include imposing a fee on each prescription pharmaceutical product sold through the program or any other appropriate method determined by the department to finance administrative costs. The department shall not require a fee in an amount that the department determines would significantly reduce consumer savings.

On or before December 1, 2021, and on or before December 1 each year thereafter, the department shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives concerning the operation of the program during the previous fiscal year.

For the 2019-20 fiscal year, the act appropriates $1,041,802 to the department to implement the act, $134,719 of which is reappropriated to the department of law to provide legal services to the department.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 03/25/2019 - Senate Floor Vote for SB19-005
  BridgesY   CookeN   CoramY   CourtY
  CrowderY   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GardnerN   GinalY
  GonzalesY   HillN   HiseyN   HolbertN
  LeeY   LundeenN   MarbleN   MorenoY
  PettersenY   PresidentY   PriolaN   RankinN
  RodriguezY   ScottN   SmallwoodN   SonnenbergN
  StoryY   TateN   ToddY   Williams A.E
  WinterY   WoodwardN   ZenzingerY


05/02/2019 - House Floor Vote for SB19-005
  ArndtY   BaisleyN   BeckerY   BeckmanN
  BenavidezY   BirdY   BockenfeldY   BuckN
  BucknerY   BuentelloY   CaraveoY   CarverN
  CatlinN   ColemanY   CutterY   DuranY
  EsgarY   ExumE   FroelichY   GalindoY
  GarnettY   GeitnerN   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyN
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafN   LarsonN   LewisN
  ListonN   LontineY   McCluskieY   McKeanN
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleN   PeltonN   RansomN   RichN
  RobertsY   SaineE   SandridgeN   SingerY
  SirotaY   SnyderY   SoperN   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleN   WeissmanY   WillN   Williams D.N
  WilsonN


Status: 5/15/2019 Signed by Governor
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: No fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News: 8 ways Colorado lawmakers want to make health care cheaper
Audio, Floors and Committees:

SB19-015 Create Statewide Health Care Review Committee 
Short Title: Create Statewide Health Care Review Committee
Sponsors: J. Ginal / S. Beckman | C. Kipp
Summary:

Statewide health care review committee - creation - membership - duties - appropriation. The act recreates the former health care task force, renamed as the statewide health care review committee, to study health care issues that affect Colorado residents. The committee consists of no more than 10 of the members from the house of representatives committees on health and insurance and public health care and human services and the senate committee on health and human services. The committee may hold 2 meetings during the interim between legislative sessions, each of which may be a field trip.

$16,062 is appropriated from the general fund to the legislative department to implement the act.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 04/24/2019 - Senate Floor Vote for SB19-015
  BridgesY   CookeN   CoramN   CourtY
  CrowderN   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GardnerN   GinalY
  GonzalesY   HillN   HiseyN   HolbertN
  LeeY   LundeenN   MarbleN   MorenoY
  PettersenY   PresidentY   PriolaY   RankinN
  RodriguezY   ScottY   SmallwoodN   SonnenbergN
  StoryY   TateN   ToddY   Williams A.Y
  WinterY   WoodwardN   ZenzingerY


05/02/2019 - House Floor Vote for SB19-015
  ArndtY   BaisleyN   BeckerY   BeckmanY
  BenavidezY   BirdY   BockenfeldY   BuckN
  BucknerY   BuentelloY   CaraveoY   CarverN
  CatlinN   ColemanY   CutterY   DuranY
  EsgarY   ExumE   FroelichY   GalindoY
  GarnettY   GeitnerN   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyN
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafN   LarsonY   LewisE
  ListonY   LontineY   McCluskieY   McKeanN
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleY   PeltonN   RansomN   RichY
  RobertsY   SaineN   SandridgeN   SingerY
  SirotaY   SnyderY   SoperY   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleN   WeissmanY   WillN   Williams D.N
  WilsonN


Status: 5/30/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: No fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

SB19-021 Board Of Health Approval For Legal Services 
Short Title: Board Of Health Approval For Legal Services
Sponsors: D. Moreno / H. McKean
Summary:

State board of health - repeal of approval for retention of counsel. The act removes the requirement that the state board of health (state board) approve the retention of counsel when the executive director of the department of public health and environment seeks to bring an action to enjoin, prosecute, or enforce public health laws or standards and the local district attorney fails to act.

The act also removes the requirement that an agency, through its county or district board of health or through its public health director, acquire the approval of the state board before retaining counsel to defend the agency and its officers and employees against actions brought against them.


(Note: This summary applies to this bill as enacted.)

Position:
Floor Votes: 01/23/2019 - Senate Floor Vote for SB19-021
  BridgesY   CookeY   CoramY   CourtY
  CrowderY   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GarciaY   GardnerY
  GinalY   GonzalesY   HillY   HiseyY
  HolbertY   LeeY   LundeenY   MarbleY
  MorenoY   PettersenY   PriolaY   RankinY
  RodriguezY   ScottY   SmallwoodY   SonnenbergY
  StoryY   TateY   ToddY   Williams A.Y
  WinterY   WoodwardY   ZenzingerY


02/11/2019 - House Floor Vote for SB19-021
  ArndtY   BaisleyY   BeckerY   BeckmanY
  BenavidezY   BirdY   BockenfeldY   BuckY
  BucknerY   BuentelloY   CaraveoY   CarverY
  CatlinY   ColemanY   CutterY   District 57V
  DuranY   EsgarY   ExumY   FroelichY
  GalindoY   GarnettY   GeitnerY   Gonzales-GutierrezY
  GrayY   HansenY   HerodY   HootonY
  HumphreyY   JacksonY   Jaquez LewisY   KennedyY
  KippY   Kraft-TharpY   LandgrafE   LarsonY
  LewisY   ListonY   LontineY   McCluskieY
  McKeanY   McLachlanY   MeltonY   Michaelson JenetY
  MullicaY   NevilleY   PeltonY   RansomY
  RichY   RobertsY   SaineY   SandridgeY
  SingerY   SirotaY   SnyderY   SoperY
  SullivanY   TipperY   TitoneY   Valdez A.Y
  Valdez D.Y   Van WinkleY   WeissmanY   Williams D.Y
  WilsonY


Status: 2/20/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: No fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

SB19-098 Cost-based Reimbursement For Rural Hospitals 
Short Title: Cost-based Reimbursement For Rural Hospitals
Sponsors: L. Crowder
Summary:

The bill requires Colorado's program of medical assistance to pay rural critical access hospitals and sole community hospitals for outpatient hospital services pursuant to a cost-based reimbursement methodology using 100% of actual cost.

Prior to implementing the cost-based reimbursement methodology for outpatient hospital services, the department of health care policy and financing (state department) shall convene a stakeholder group consisting of representatives of the affected hospitals and other persons or entities to consult with the state department on the elements of the cost-based reimbursement methodology and its implementation.

The bill makes a conforming amendment.


(Note: This summary applies to this bill as introduced.)

Position:
Floor Votes:
Status: 2/12/2019 Senate Committee on Finance Postpone Indefinitely
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

SB19-134 Out-of-network Health Care Disclosures And Charges 
Short Title: Out-of-network Health Care Disclosures And Charges
Sponsors: R. Fields | J. Tate / M. Soper
Summary:

The bill:

  • Sets the reimbursement rate that a health insurance carrier must pay a health care facility if a covered person is treated for emergency services;
  • Requires in-network health care facilities and health care providers to make disclosures to patients covered by a health benefit plan concerning the provision of services by an out-of-network provider;
  • Outlines the claims and payment process, including reimbursement rates for the provision of out-of-network services for health care facilities and health care providers; and
  • Authorizes arbitration for the payment of health care claims that are in dispute if certain criteria are met.

The commissioner of insurance is required to submit a report annually to the general assembly concerning unanticipated out-of-network services.


(Note: This summary applies to this bill as introduced.)

Position:
Floor Votes:
Status: 4/25/2019 Senate Committee on Health & Human Services Postpone Indefinitely
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: No fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees: