Amendments for HB19-1168
House Journal, February 27
1 HB19-1168 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, page 3, line 27, strike "SUBSIDIES." and substitute
6 "SUBSIDIES WHILE MINIMIZING ANY POTENTIAL NEGATIVE EFFECTS ON
7 ACCESS TO AFFORDABLE, HIGH-VALUE INSURANCE FOR CONSUMERS WHO
8 ARE ELIGIBLE FOR PREMIUM TAX CREDIT SUBSIDIES AND COST SHARING
9 REDUCTIONS.".
10
11 Page 6, line 6, strike "rules." and substitute "rules - study and report.".
12
13 Page 7, line 12, after "SCHEDULE." add "THE RULES SHALL BE ADOPTED IN
14 ACCORDANCE WITH THE "STATE ADMINISTRATIVE PROCEDURE ACT",
15 ARTICLE 4 OF TITLE 24, INCLUDING THE REQUIREMENT TO ESTABLISH A
16 REPRESENTATIVE GROUP OF PARTICIPANTS PURSUANT TO SECTION
17 24-4-103 (2).
18
19 (2) IF THE REINSURANCE PROGRAM IS APPROVED PURSUANT TO
20 SECTION 10-16-1108, THE COMMISSIONER, DURING IMPLEMENTATION OF
21 THE PROGRAM, SHALL EVALUATE THE EFFECT OF THE PROGRAM ON ACCESS
22 TO AFFORDABLE, HIGH-VALUE HEALTH INSURANCE FOR CONSUMERS WHO
23 ARE ELIGIBLE FOR PREMIUM TAX CREDIT SUBSIDIES AND COST SHARING
24 REDUCTIONS AND MINIMIZE ANY POTENTIAL NEGATIVE EFFECTS ON THOSE
25 CONSUMERS. WITHIN ONE HUNDRED TWENTY DAYS FOLLOWING THE END
26 OF THE SECOND FULL YEAR OF OPERATION OF THE PROGRAM, THE
27 COMMISSIONER SHALL COMPLETE A STUDY OF AND ISSUE A REPORT ON THE
28 EFFECTS OF THE PROGRAM ON ACCESS TO AFFORDABLE, HIGH-VALUE
29 HEALTH INSURANCE FOR CONSUMERS WHO ARE ELIGIBLE FOR PREMIUM
30 TAX CREDIT SUBSIDIES AND COST SHARING REDUCTIONS. THE
31 COMMISSIONER SHALL POST THE REPORT ON THE DIVISION'S WEBSITE AND
32 SUBMIT THE REPORT TO THE GOVERNOR, THE SENATE COMMITTEE ON
33 HEALTH AND HUMAN SERVICES OR ITS SUCCESSOR COMMITTEE, AND THE
34 HOUSE OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE OR ITS
35 SUCCESSOR COMMITTEE.".
36
37 Page 10, line 5, after "ENROLLMENT" insert "ACROSS ALL INCOME
38 LEVELS".
39
40
House Journal, March 15
46 HB19-1168 be amended as follows, and as so amended, be referred to
47 the Committee of the Whole with favorable
48 recommendation:
49
50 Amend printed bill, page 18, after line 21 insert:
51
52 "SECTION 3. Appropriation. For the 2019-20 state fiscal year,
53 $785,904 is appropriated to the department of regulatory agencies for use
54 by the division of insurance. This appropriation is from the division of
55 insurance cash fund created in section 10-1-103 (3), C.R.S., and is based
1 on an assumption that the division will require an additional 3.0 FTE. To
2 implement this act, the division may use this appropriation for the
3 Colorado reinsurance program.".
4
5 Renumber succeeding section accordingly.
6
7 Page 1, line 110, strike "APPROVAL." and substitute "APPROVAL, AND
8 MAKING AN APPROPRIATION.".
9
10
House Journal, April 5
13 Amendment No. 1, Health & Insurance Report, dated February 27, 2019,
14 and placed in member's bill file; Report also printed in House Journal,
15 February 28, 2019.
16
17 Amendment No. 2, Appropriations Report, dated February 15, 2019, and
18 placed in member's bill file; Report also printed in House Journal,
19 February 15, 2019.
20
21 Amendment No. 3, by Representative(s) McCluskie and Rich.
22
23 Amend the Health and Insurance Committee Report, dated February 27,
24 2019, page 1, after line 5 insert:
25
26 "Page 4 of the bill, strike lines 9 through 11.
27
28 Renumber succeeding subsections accordingly.
29
30 Page 5 of the bill, strike lines 2 and 3 and substitute:
31
32 "(6) "HOSPITAL" MEANS A HOSPITAL LICENSED OR CERTIFIED BY
33 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO
34 SECTION 25-1.5-103 (1)(a).
35 (7) "MEDICAID" MEANS FEDERAL INSURANCE OR ASSISTANCE AS
36 PROVIDED BY TITLE XIX OF THE FEDERAL "SOCIAL SECURITY ACT", AS
37 AMENDED, AND THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES
38 4, 5, AND 6 OF TITLE 25.5.".
39
40 Renumber succeeding subsections accordingly.
41
42 Page 5 of the bill, strike lines 8 through 10.
43
44 Renumber succeeding subsections accordingly.
45
46 Page 5 of the bill, line 12, strike "CAP, COINSURANCE RATE, AND FEE
47 SCHEDULE" and substitute "CAP, AND COINSURANCE RATE".
48
49 Page 5 of the bill, strike lines 14 through 18.
50
51 Renumber succeeding subsections accordingly.".
52
53 Page 1 of the committee report, after line 6 insert:
54
55 "Page 6 of the bill, strike lines 22 through 27.
1 Page 7 of the bill, strike line 1 and substitute:
2
3 "(f) ASSESS SPECIAL FEES AGAINST HOSPITALS AND, IF APPLICABLE,
4 CARRIERS FOR THE CONTINUOUS OPERATION OF THE REINSURANCE
5 PROGRAM, AS PROVIDED IN SECTION 10-16-1108;".
6
7 Page 7 of the bill, line 3, strike "10-16-1108," and substitute
8 "10-16-1109,".".
9
10 Page 1 of the committee report, strike line 7 and substitute:
11
12 "Page 7 of the bill, strike lines 10 through 12 and substitute "LAW WITH
13 ANY FEDERAL PROGRAM AND RULES. THE RULES SHALL BE ADOPTED IN".".
14
15 Page 1 of the committee report, line 13, strike "10-16-1108," and
16 substitute "10-16-1109,".
17
18 Page 2 of the committee report, after line 6 insert:
19
20 "Page 7 of the bill, line 16, strike "fee schedule - rules -".
21
22 Page 7 of the bill, line 22, strike "10-16-1108." and substitute
23 "10-16-1109.".
24
25 Page 8 of the bill, line 13, strike "10-16-1108" and substitute
26 "10-16-1109".
27
28 Page 8 of the bill, line 21, strike "YEAR, EACH" and substitute "YEAR:
29 (A) EACH".
30
31 Page 8 of the bill, strike lines 23 through 25 and substitute "YEAR;
32 (B) EACH HOSPITAL THAT IS SUBJECT TO THE SPECIAL FEES
33 ASSESSED PURSUANT TO SECTION 10-16-1108 SHALL REPORT TO THE
34 COMMISSIONER THE AMOUNT THE HOSPITAL IS RESPONSIBLE FOR FUNDING
35 IN THE BENEFIT YEAR; AND
36 (C) IF SPECIAL FEES ARE ASSESSED AGAINST CARRIERS PURSUANT
37 TO SECTION 10-16-1108 (1)(b), EACH CARRIER THAT IS SUBJECT TO THE
38 SPECIAL FEES SHALL REPORT TO THE COMMISSIONER ON ITS COLLECTED
39 ASSESSMENTS IN THAT BENEFIT YEAR.".".
40
41 Page 2 of the committee report, after line 8 insert:
42
43 "Page 10 of the bill, line 10, strike "FINANCE" and substitute "FUND".
44
45 Page 12 of the bill, strike lines 19 through 27.
46
47 Strike page 13 of the bill.
48
49 Page 14 of the bill, strike lines 1 through 7 and substitute:
50
51 "(5) IN ORDER TO PROMOTE MORE COST-EFFECTIVE HEALTH CARE
52 COVERAGE AND TO BE FAIR TO FEDERAL TAXPAYERS BY RESTRAINING
53 GROWTH IN FEDERAL SPENDING COMMITMENTS, THE COMMISSIONER SHALL
54 REQUIRE EACH ELIGIBLE CARRIER THAT PARTICIPATES IN THE PROGRAM TO
55 FILE WITH THE COMMISSIONER, BY A DATE AND IN A FORM AND MANNER
1 SPECIFIED BY THE COMMISSIONER BY RULE, THE CARE MANAGEMENT
2 PROTOCOLS THE ELIGIBLE CARRIER WILL USE TO MANAGE CLAIMS WITHIN
3 THE PAYMENT PARAMETERS.".
4
5 Page 15 of the bill, strike lines 14 through 17 and substitute "U.S.C. SEC.
6 18052 (a)(3) OR ANY OTHER FEDERAL FUNDS THAT ARE MADE AVAILABLE
7 FOR".
8
9 Page 15 of the bill, line 18, strike "PROGRAM." and substitute "PROGRAM;
10 AND
11 (II) SPECIAL FEES ASSESSED AGAINST HOSPITALS AND, IF
12 APPLICABLE, CARRIERS AS PROVIDED IN SECTION 10-16-1108.".
13
14 Page 16 of the bill, after line 11 insert:
15 "10-16-1108. Special assessments against hospitals and
16 carriers - rules - enforcement. (1) (a) (I) FOR THE 2020 BENEFIT YEAR,
17 THE COMMISSIONER SHALL ASSESS SPECIAL FEES AGAINST HOSPITALS TO
18 PROVIDE FUNDING FOR THE REINSURANCE PROGRAM. THE COMMISSIONER
19 SHALL CALCULATE THE FEES BASED ON THE AMOUNT NECESSARY TO
20 REDUCE CARRIERS' CLAIMS COSTS BY THE AMOUNTS SPECIFIED IN SECTION
21 10-16-1105 (2)(a), BUT THE COMMISSIONER SHALL SET THE FEES AT AN
22 AMOUNT TO ENSURE THAT THE TOTAL AMOUNT OF FEES COLLECTED DOES
2020 23 NOT EXCEED ONE HUNDRED FIFTY MILLION DOLLARS FOR THE
24 BENEFIT YEAR.
25 (II) FOR THE 2021 BENEFIT YEAR AND EACH BENEFIT YEAR
26 THEREAFTER, THE COMMISSIONER SHALL DETERMINE THE AMOUNT OF THE
27 SPECIAL FEES ASSESSED AGAINST HOSPITALS, WHICH SPECIAL FEES MUST
28 NOT EXCEED ONE HUNDRED FIFTY MILLION DOLLARS PER BENEFIT YEAR,
29 BASED ON THE CLAIMS SUBMITTED UNDER THE REINSURANCE PROGRAM
30 AND ADMINISTRATIVE AND OPERATING EXPENSES OF THE PROGRAM IN THE
31 IMMEDIATELY PRECEDING BENEFIT YEAR, THE EXPECTED ANNUAL GROWTH
32 IN THE PROGRAM, THE PAYMENT PARAMETERS SET BY THE COMMISSIONER
33 PURSUANT TO SECTION 10-16-1105 (2) FOR THE APPLICABLE BENEFIT
34 YEAR, AND OTHER ACTUARIAL CONSIDERATIONS.
35 (III) NOTWITHSTANDING THE LIMITS ON THE SPECIAL FEES
36 SPECIFIED IN SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION:
37 (A) THE TOTAL AMOUNT OF SPECIAL FEES ASSESSED AGAINST
38 HOSPITALS UNDER THIS SUBSECTION (1)(a) OVER FIVE YEARS MUST NOT
39 EXCEED FIVE HUNDRED MILLION DOLLARS; AND
40 (B) NO HOSPITAL SYSTEM SHALL BE RESPONSIBLE FOR FUNDING,
41 ON A YEARLY BASIS, MORE THAN TWENTY-FIVE PERCENT OF THE TOTAL
42 FUNDING REQUIRED FOR THE PROGRAM.
43 (IV) THE COMMISSIONER SHALL USE THE SPECIAL FEES ASSESSED
44 PURSUANT TO THIS SUBSECTION (1)(a) TO PAY THE ADMINISTRATIVE AND
45 OPERATING EXPENSES OF THE REINSURANCE PROGRAM, INCLUDING
46 REINSURANCE PAYMENTS AND EXPENSES OF THE PROGRAM, THE
47 COMMISSIONER, AND THE DIVISION.
48 (V) THE COMMISSIONER SHALL NOT FUND THE PROGRAM THROUGH
49 ANY TYPE OF FEE SCHEDULE, RATE SETTING, OR OTHER COST-SAVING
50 MECHANISM IMPOSED ON HOSPITALS.
51 (b) (I) FOR ANY BENEFIT YEAR STARTING ON OR AFTER JANUARY
52 1, 2020, IF, AFTER CARRIERS HAVE FILED AND THE COMMISSIONER HAS
53 APPROVED RATES FOR THE BENEFIT YEAR, THE FEDERAL GOVERNMENT
54 SUSPENDS THE FEE IMPOSED PURSUANT TO SECTION 9010 OF THE FEDERAL
55 ACT FOR THAT BENEFIT YEAR, THE COMMISSIONER SHALL ASSESS AGAINST
1 CARRIERS A SPECIAL FEE OF TWO AND TWO-TENTHS PERCENT OF PREMIUMS
2 COLLECTED BY CARRIERS, OR A SPECIAL FEE IN AN AMOUNT EQUAL TO THE
3 AMOUNT OF THE FEE IMPOSED BY THE FEDERAL GOVERNMENT PURSUANT
4 TO SECTION 9010 OF THE FEDERAL ACT IF THAT FEE AMOUNT IS DIFFERENT
5 THAN THE AMOUNT SPECIFIED IN THIS SUBSECTION (1)(b)(I), FOR THE
6 PERIOD THAT CARRIERS COLLECTED THE FEE IMPOSED PURSUANT TO
7 SECTION 9010 OF THE FEDERAL ACT. THE COMMISSIONER SHALL USE THE
8 REVENUES GENERATED FROM THE SPECIAL FEES ASSESSED PURSUANT TO
9 THIS SUBSECTION (1)(b) FOR THE PURPOSES SPECIFIED IN SECTION
10 10-16-1107 (3) IN ORDER TO DECREASE THE AMOUNT OF SPECIAL FEES
11 REQUIRED FROM HOSPITALS PURSUANT TO SUBSECTION (1)(a) OF THIS
12 SECTION BY UP TO THIRTY MILLION DOLLARS PER YEAR, WITH ANY
13 REMAINING REVENUES USED TO REDUCE PREMIUMS.
14 (II) THIS SUBSECTION (1)(b) DOES NOT APPLY TO PLANS OR
15 BENEFITS PROVIDED UNDER MEDICARE, MEDICAID, OR THE "CHILDREN'S
16 BASIC HEALTH PLAN" ESTABLISHED UNDER ARTICLE 8 OF TITLE 25.5.
17 (c) THE COMMISSIONER SHALL TRANSMIT SPECIAL FEES COLLECTED
18 PURSUANT TO THIS SUBSECTION (1) TO THE STATE TREASURER FOR DEPOSIT
19 IN THE REINSURANCE PROGRAM CASH FUND CREATED IN SECTION
20 10-16-1107.
21 (2) THE COMMISSIONER SHALL PROMULGATE RULES TO IMPLEMENT
22 THIS SECTION, INCLUDING:
23 (a) THE REASONABLE TIME PERIODS FOR THE BILLING AND
24 COLLECTION OF THE SPECIAL FEES;
25 (b) PROCEDURES FOR EXEMPTING HOSPITALS FROM SPECIAL FEES
26 IMPOSED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, IN WHOLE OR
27 IN PART, WHICH PROCEDURES MUST INCLUDE, AT A MINIMUM, THE
28 FOLLOWING PARAMETERS:
29 (I) WHETHER A HOSPITAL HAS FEWER THAN FIFTY LICENSED BEDS;
30 (II) WHETHER A HOSPITAL IS LOCATED IN GEOGRAPHIC RATING
31 AREA NUMBER FIVE, SEVEN, EIGHT, OR NINE;
32 (III) WHETHER A HOSPITAL IS AFFILIATED WITH A NETWORK OF
33 HOSPITALS;
34 (IV) WHETHER A HOSPITAL'S NET INCOME AT YEAR END IN EACH
35 OF THE PREVIOUS THREE YEARS WAS LESS THAN ZERO BASED ON AUDITED
36 FINANCIAL STATEMENTS PROVIDED BY THE HOSPITAL;
37 (V) WHETHER A HOSPITAL IS A CRITICAL ACCESS HOSPITAL;
38 (VI) WHETHER THE AMOUNT OF UNCOMPENSATED CARE PROVIDED
39 BY THE HOSPITAL IS DISPROPORTIONATELY HIGHER THAN THE STATEWIDE
40 AVERAGE; AND
41 (VII) WHETHER A HOSPITAL'S PROPORTION OF PATIENTS ENROLLED
42 IN MEDICARE AND MEDICAID IS DISPROPORTIONATELY HIGHER THAN THE
43 STATEWIDE AVERAGE PROPORTION OF MEDICARE AND MEDICAID PATIENTS
44 FOR ALL HOSPITALS; AND
45 (c) DETERMINING THE AMOUNT OF THE ASSESSMENT ON HOSPITALS
46 IN ACCORDANCE WITH SUBSECTION (1)(a) OF THIS SECTION.
47 (3) A HOSPITAL SHALL PAY THE SPECIAL FEES IMPOSED PURSUANT
48 TO SUBSECTION (1)(a) OF THIS SECTION FROM ITS GENERAL REVENUES AND
49 IS PROHIBITED FROM:
50 (a) COLLECTING AN ASSESSMENT FROM CONSUMERS AS ANY TYPE
51 OF SURCHARGE ON ITS FEES;
52 (b) PASSING THE SPECIAL FEES ON TO CONSUMERS AS ANY TYPE OF
53 INCREASE TO FEES OR CHARGES FOR SERVICES; OR
54 (c) OTHERWISE PASSING THE SPECIAL FEE ON TO CONSUMERS IN
55 ANY MANNER.
1 (4) IF A HOSPITAL OR CARRIER, IF APPLICABLE, FAILS TO PAY A
2 SPECIAL FEE TO THE COMMISSIONER IN ACCORDANCE WITH THE TIME
3 PERIODS ESTABLISHED BY RULE, THE COMMISSIONER MAY USE ALL POWERS
4 CONFERRED BY THE INSURANCE LAWS OF THIS STATE TO ENFORCE
5 PAYMENT OF THE SPECIAL FEES.".
6
7 Renumber succeeding C.R.S. sections accordingly.
8
9 Page 17 of the bill, line 8, strike "FINANCE" and substitute "FUND".
10
11 Page 17 of the bill, strike line 26 and substitute "10-16-1109.".
12
13 Page 1 of the bill, line 108, strike "PROGRAM AND" and substitute
14 "PROGRAM,".".
15
16 Amendment No. 4, by Representative(s) McCluskie.
17
18 Amend amendment no. 3 by Representative McCluskie and Rich, printed
19 in House Journal page 1020, line 42, strike "MEDICARE AND MEDICAID"
20 and substitute "MEDICARE OR MEDICAID".
21
22 Page 1020, line 43, strike "MEDICARE AND MEDICAID" and substitute
23 "MEDICARE OR MEDICAID".
24
25 As amended, ordered engrossed and placed on the Calendar for Third
26 Reading and Final Passage.
27
Senate Journal, April 26
After consideration on the merits, the Committee recommends that HB19-1168 be
amended as follows, and as so amended, be referred to the Committee on Finance with
favorable recommendation.
Amend reengrossed bill, page 7, line 2, after "FEDERAL" insert "OR
STATE".
Page 7, line 11, after "(2)" insert "(a)".
Page 7, strike line 17 and substitute "CONSUMERS.
(b) AFTER".
Page 7, line 18, strike the first "OF".
Page 7, line 19, strike "OF AND ISSUE A REPORT ON THE" and substitute
"THAT EVALUATES:
(I) THE".
Page 7, lines 22 and 23, strike"REDUCTIONS. THE COMMISSIONER SHALL"
and substitute "REDUCTIONS; AND
(II) HEALTH PLAN AFFORDABILITY, INCLUDING COST SHARING AND
PREMIUMS.
(c) THE COMMISSIONER SHALL ISSUE A REPORT ON THE STUDY
WITHIN ONE HUNDRED TWENTY DAYS AFTER THE END OF THE SECOND
FULL YEAR OF OPERATION OF THE PROGRAM,".
Page 7, line 23, strike "WEBSITE AND" and substitute "WEBSITE, AND".
Page 10, lines 17 and 18, strike "YEAR AND EACH BENEFIT YEAR
THEREAFTER," and substitute "YEAR,".
Page 10, line 19, strike "THE APPLICABLE".
Page 10, strike lines 20 and 21 and substitute "THAT BENEFIT YEAR BY
MARCH 15, 2020. IN SETTING THE PAYMENT PARAMETERS.".
Page 11, line 6, strike "APPROVED".
Page 13, line 26, strike "APPROPRIATED" and substitute "EXPENDED".
Page 14, line 18, strike "1 EACH YEAR THEREAFTER," and substitute "1,
2021,".
Page 15, line 3, strike "AND".
Page 15, line 5, strike "10-16-1108." and substitute "10-16-1108;
(III) THE FOLLOWING AMOUNTS TRANSFERRED FROM THE
GENERAL FUND TO THE REINSURANCE PROGRAM CASH FUND, BUT ONLY
IF HOUSE BILL 19-1245 IS ENACTED AT THE FIRST REGULAR SESSION OF
THE SEVENTY-SECOND GENERAL ASSEMBLY AND BECOMES LAW:
(A) FIFTEEN MILLION DOLLARS, TRANSFERRED TO THE FUND ON
JUNE 30, 2020; AND
(B) FORTY MILLION DOLLARS, TRANSFERRED TO THE FUND ON
JUNE 30, 2021;
(IV) AN AMOUNT OF PREMIUM TAX REVENUES DEPOSITED IN THE
FUND PURSUANT TO SECTION 10-3-209 (4)(a)(III); AND
(V) ANY MONEY THE GENERAL ASSEMBLY APPROPRIATES TO THE
FUND FOR THE PROGRAM.".
Page 15, line 6, after "INTO" insert "OR APPROPRIATED TO".
Page 15, line 27, strike "BENEFIT YEAR," and substitute "AND 2021
BENEFIT YEARS, AS APPLICABLE,".
Page 16, strike lines 1 through 23 and substitute "COMMISSIONER MAY
ASSESS SPECIAL FEES AGAINST HOSPITALS, SUBJECT TO THE FOLLOWING:
(A) FEES ASSESSED AGAINST HOSPITALS MUST COMPLY WITH AND
NOT VIOLATE 42 CFR 433.68 AND, IN ANY YEAR, MUST NOT EXCEED THE
LESSER OF FORTY MILLION DOLLARS OR THE MAXIMUM AMOUNT
ALLOWED UNDER 42 CFR 433.68;".
Page 16, strike line 27.
Page 17, strike lines 1 through 4.
Renumber succeeding subparagraph accordingly.
Page 17, strike lines 19 through 25 and substitute "SECTION 9010 OF THE
FEDERAL ACT.".
Page 18, after line 1 insert:
"(c) THE COMMISSIONER SHALL USE THE SPECIAL FEES ASSESSED
PURSUANT TO THIS SUBSECTION (1) TO PAY THE ADMINISTRATIVE AND
OPERATING EXPENSES OF THE REINSURANCE PROGRAM, INCLUDING
REINSURANCE PAYMENTS AND EXPENSES OF THE PROGRAM, THE
COMMISSIONER, AND THE DIVISION.".
Reletter succeeding paragraph accordingly.
Page 19, after line 13 insert:
"(4) PRIOR TO ASSESSING SPECIAL FEES AGAINST HOSPITALS
PURSUANT TO THIS SECTION, THE STATE SHALL REQUEST THE SECRETARY
OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
TO DETERMINE IF THE SPECIAL FEES ASSESSED ON HOSPITALS PURSUANT
TO TH IS SEC TIO N , IN C O M B IN A TIO N WITH A N Y O TH ER
HEALTH-CARE-RELATED FEES, TAXES, AND ASSESSMENTS IMPOSED ON
HOSPITALS BY THE STATE THAT ARE SUBJECT TO 42 CFR 433.55, COMPLY
WITH 42 CFR 433. IF THE SECRETARY DECLINES OR OTHERWISE FAILS TO
AFFIRM COMPLIANCE WITH 42 CFR 433 IN WRITING SUCH THAT FEDERAL
FINANCIAL PARTICIPATION IN THE COLORADO MEDICAID PROGRAM
PURSUANT TO 42 CFR 433 MAY BE AT RISK, THE COMMISSIONER SHALL
NOT ASSESS SPECIAL FEES AGAINST HOSPITALS PURSUANT TO THIS
SECTION.".
Renumber succeeding subsection accordingly.
Page 19, line 25, strike "FIVE-YEAR" and substitute "TWO-YEAR".
Page 21, line 18, strike "2024." and substitute "2023.".
Page 21, strike lines 19 through 27.
Page 22, strike line 1 and substitute:
"SECTION 2. In Colorado Revised Statutes, 10-3-209, amend
(4)(a) as follows:
10-3-209. Tax on premiums collected - exemptions - penalties.
(4) (a) The division of insurance shall transmit all taxes, penalties, and
fines it collects under this section to the state treasurer for deposit in the
general fund; except that the state treasurer shall deposit amounts in the
specified cash funds as follows:
(I) In the division of insurance cash fund created in section
10-1-103 (3), an amount that is equal to the general assembly's
appropriation from the fund to the division for its direct and indirect
expenditures less the total fee revenue that is deposited in the fund;
except that the amount deposited in the fund under this subparagraph (I)
may SHALL not exceed five percent of all taxes collected under this
section; and
(II) In the wildfire emergency response fund created in section
24-33.5-1226 C.R.S., and the wildfire preparedness fund created in
section 24-33.5-1227, C.R.S., the amount of the taxes, penalties, and
fines that the general assembly appropriates to each of the cash funds;
(III) FOR THE 2020-21 FISCAL YEAR, IN THE REINSURANCE
PROGRAM CASH FUND CREATED IN SECTION 10-16-1107, THE AMOUNT OF
PREMIUM TAXES COLLECTED PURSUANT TO THIS SECTION IN THE 2020
CALENDAR YEAR THAT EXCEEDS THE AMOUNT OF PREMIUM TAXES
COLLECTED PURSUANT TO THIS SECTION IN THE 2019 CALENDAR YEAR;
AND
(IV) FOR THE 2021-22 FISCAL YEAR, IN THE REINSURANCE
PROGRAM CASH FUND CREATED IN SECTION 10-16-1107, THE AMOUNT OF
PREMIUM TAXES COLLECTED PURSUANT TO THIS SECTION IN THE 2021
CALENDAR YEAR THAT EXCEEDS THE AMOUNT OF PREMIUM TAXES
COLLECTED PURSUANT TO THIS SECTION IN THE 2020 CALENDAR YEAR.".
Senate Journal, April 29
After consideration on the merits, the Committee recommends that HB19-1168 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 18, line 9, after "FEES;" insert "AND".
Page 18, strike lines 10 through 27.
Page 19, strike lines 1 and 2.
Reletter succeeding paragraph accordingly.
Finance
Senate Journal, April 30
HB19-1168 by Representative(s) McCluskie and Rich, Buckner, Esgar, Kennedy, McLachlan, Roberts,
Soper; also Senator(s) Donovan and Rankin--Concerning the creation of the Colorado
reinsurance program to provide reinsurance payments to health insurers to aid in paying
high-cost insurance claims, and, in connection therewith, authorizing the commissioner of
insurance to seek approval from the federal government to waive applicable federal
requirements, request federal funds, or both, to enable the state to implement the program,
making the program contingent upon waiver or funding approval, and making an
appropriation.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, April 26, pages 1121-1123 and placed in members' bill files.)
Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, April 29, page 1185 and placed in members' bill files.)
Amendment No. 3(L.021), by Senator Donovan.
Amend the Health and Human Services Committee Report, dated April
25, 2019, page 3, strike lines 14 through 25 and substitute:
""(4) IF THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID
SERVICES IN THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES INFORMS THE STATE THAT THE STATE WILL NOT BE IN
COMPLIANCE WITH 42 CFR 433 AS A RESULT OF THE SPECIAL FEES
ASSESSED ON HOSPITALS PURSUANT TO THIS SECTION, THE COMMISSIONER
SHALL REDUCE THE AMOUNT OF THE SPECIAL FEES AS NECESSARY TO
AVOID ANY REDUCTION IN THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE COLLECTED PURSUANT TO SECTION 25.5-4-402.4.".".
Amendment No. 4(L.020), by Senator Rankin.
Amend reengrossed bill, page 13, line 3, strike "CLAIM." and substitute
"CLAIM AND DO NOT DUPLICATE AMOUNTS RECEIVED UNDER THE
FEDERAL RISK ADJUSTMENT PROGRAM ESTABLISHED PURSUANT TO THE
FEDERAL ACT.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, April 30
HB19-1168 by Representative(s) McCluskie and Rich, Buckner, Esgar, Kennedy, McLachlan, Roberts,
Soper; also Senator(s) Donovan and Rankin--Concerning the creation of the Colorado
reinsurance program to provide reinsurance payments to health insurers to aid in paying
high-cost insurance claims, and, in connection therewith, authorizing the commissioner of
insurance to seek approval from the federal government to waive applicable federal
requirements, request federal funds, or both, to enable the state to implement the program,
making the program contingent upon waiver or funding approval, and making an
appropriation.
Senator Donovan moved to amend the Report of the Committee of the Whole to show that
the following Rankin floor amendment, (L.020) to HB 19-1168, did not pass.
Amend reengrossed bill, page 13, line 3, strike "CLAIM." and substitute
"CLAIM AND DO NOT DUPLICATE AMOUNTS RECEIVED UNDER THE
FEDERAL RISK ADJUSTMENT PROGRAM ESTABLISHED PURSUANT TO THE
FEDERAL ACT.".
Senate Journal, May 2
HB19-1168 by Representative(s) McCluskie and Rich, Buckner, Esgar, Kennedy, McLachlan, Roberts,
Soper; also Senator(s) Donovan and Rankin--Concerning the creation of the Colorado
reinsurance program to provide reinsurance payments to health insurers to aid in paying
high-cost insurance claims, and, in connection therewith, authorizing the commissioner of
insurance to seek approval from the federal government to waive applicable federal
requirements, request federal funds, or both, to enable the state to implement the program,
making the program contingent upon waiver or funding approval, and making an
appropriation.
A majority of those elected to the Senate having voted in the affirmative, Senator Rankin
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.022), by Senator Donovan.
Amend revised bill, page 21, line 4, strike "penalties." and substitute
"penalties - repeal.".
Page 21, line 19, after "funds;" add "AND".
Page 21, line 20, after "(III)" insert "(A)", and strike "FISCAL YEAR," and
substitute "AND 2021-22 FISCAL YEARS,".
Page 21, line 21, after "10-16-1107," insert "AN AMOUNT EQUAL TO".
Page 21, line 24, strike "YEAR;" and substitute "YEAR.".
Page 21, strike lines 25 through 27.
Page 22, strike lines 1 through 3 and substitute:
"(B) THIS SUBSECTION (4)(a)(III) IS REPEALED, EFFECTIVE
SEPTEMBER 1, 2023.".
The amendment was passed on the following roll call vote:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Foote Y Marble Y Story Y
Cooke Y Gardner Y Moreno Y Tate Y
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola Y Williams A. Y
Crowder Y Hill Y Rankin Y Winter Y
Danielson Y Hisey Y Rodriguez Y Woodward Y
Donovan Y Holbert Y Scott Y Zenzinger Y
Fenberg Y Lee Y Smallwood Y President Y
Fields Y Lundeen Y Sonnenberg Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 24 NO 11 EXCUSED 0 ABSENT 0
Bridges Y Foote Y Marble N Story Y
Cooke N Gardner N Moreno Y Tate N
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola N Williams A. Y
Crowder Y Hill N Rankin Y Winter Y
Danielson Y Hisey Y Rodriguez Y Woodward N
Donovan Y Holbert N Scott Y Zenzinger Y
Fenberg Y Lee Y Smallwood N President Y
Fields Y Lundeen N Sonnenberg N