Amendments for HB21-1068
House Journal, May 6
14 HB21-1068 be amended as follows, and as so amended, be referred to
15 the Committee on Appropriations with favorable
16 recommendation:
17
18 Amend printed bill, page 3, line 13, after "(b.7)" insert "(I)".
19
20 Page 3, line 13, strike "THE" and substitute "FOR LARGE EMPLOYER
21 POLICIES AND CONTRACTS ISSUED OR RENEWED ON OR AFTER JANUARY 1,
22 2022, AND FOR INDIVIDUAL AND SMALL GROUP POLICIES AND CONTRACTS
23 ISSUED OR RENEWED ON OR AFTER JANUARY 1, 2023, THE".
24
25 Page 3, after line 19 insert:
26
27 "(II) THE DIVISION SHALL CONDUCT AN ACTUARIAL STUDY TO
28 DETERMINE THE EFFECT, IF ANY, THE COVERAGE REQUIRED BY THIS
29 SUBSECTION (18)(b.7) HAS ON PREMIUMS.".
30
31 Page 5, strike lines 1 through 4 and substitute:
32
33 "SECTION 3. In Colorado Revised Statutes, 10-16-102, add
34 (40.5) as follows:
35 10-16-102. Definitions. As used in this article 16, unless the
36 context otherwise requires:
37 (40.5) (a) "LARGE EMPLOYER" MEANS ANY PERSON, FIRM,
38 CORPORATION, PARTNERSHIP, OR ASSOCIATION THAT:
39 (I) IS ACTIVELY ENGAGED IN BUSINESS;
40 (II) EMPLOYED AN AVERAGE OF MORE THAN ONE HUNDRED
41 ELIGIBLE EMPLOYEES ON BUSINESS DAYS DURING THE IMMEDIATELY
42 PRECEDING CALENDAR YEAR, EXCEPT AS PROVIDED IN SUBSECTION
43 (40.5)(c) OF THIS SECTION; AND
44 (III) WAS NOT FORMED PRIMARILY FOR THE PURPOSE OF
45 PURCHASING INSURANCE.
46 (b) FOR PURPOSES OF DETERMINING WHETHER AN EMPLOYER IS A
47 "LARGE EMPLOYER", THE NUMBER OF ELIGIBLE EMPLOYEES IS
48 CALCULATED USING THE METHOD SET FORTH IN 26 U.S.C. SEC. 4980H
49 (c)(2)(E).
50 (c) IN THE CASE OF AN EMPLOYER THAT WAS NOT IN EXISTENCE
51 THROUGHOUT THE PRECEDING CALENDAR QUARTER, THE DETERMINATION
52 OF WHETHER THE EMPLOYER IS A LARGE EMPLOYER IS BASED ON THE
53 AVERAGE NUMBER OF EMPLOYEES THAT THE EMPLOYER IS REASONABLY
54 EXPECTED TO EMPLOY ON BUSINESS DAYS IN THE CURRENT CALENDAR
55 YEAR.
1 (d) THE FOLLOWING EMPLOYERS ARE SINGLE EMPLOYERS FOR
2 PURPOSES OF DETERMINING THE NUMBER OF EMPLOYEES:
3 (I) A PERSON OR ENTITY THAT IS A SINGLE EMPLOYER PURSUANT
4 TO 26 U.S.C. SEC. 414 (b), (c), (m), OR (o); AND
5 (II) AN EMPLOYER AND ANY PREDECESSOR EMPLOYER.".
6
7
House Journal, May 14
41 HB21-1068 be amended as follows, and as so amended, be referred to
42 the Committee of the Whole with favorable
43 recommendation:
44
45 Amend printed bill, page 5, before line 5 insert:
46
47 "SECTION 4. Appropriation. For the 2021-22 state fiscal year,
48 $26,353 is appropriated to the department of regulatory agencies for use
49 by the division of insurance. This appropriation is from the division of
50 insurance cash fund created in section 10-1-103 (3), C.R.S., and is based
51 on an assumption that the division will require an additional 0.2 FTE. To
52 implement this act, the division may use this appropriation for personal
53 services.".
54
55 Renumber succeeding sections accordingly.
1 Page 1, line 103, strike "PROVIDER." and substitute "PROVIDER, AND, IN
2 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
3
4
House Journal, May 17
23 Amendment No. 1, Appropriations Report, dated May 14, 2021, and
24 placed in member's bill file; Report also printed in House Journal, May
25 14, 2021.
26
27 Amendment No. 2, Health & Insurance Report, dated May 5, 2021, and
28 placed in member's bill file; Report also printed in House Journal, May
29 6, 2021.
30
31 Amendment No. 3, by Representative Michaelson Jenet.
32
33 Amend the Health and Insurance Committee Report, dated May 5, 2021,
34 page 1, line 9, strike "PREMIUMS."." and substitute "PREMIUMS.
35 (III) WITHIN ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE
36 DATE OF THIS SUBSECTION (18)(b.7), THE DIVISION SHALL SUBMIT TO THE
37 FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES:
38 (A) ITS DETERMINATION AS TO WHETHER THE COVERAGE
39 SPECIFIED IN THIS SUBSECTION (18)(b.7) IS IN ADDITION TO ESSENTIAL
40 HEALTH BENEFITS AND WOULD BE SUBJECT TO DEFRAYAL BY THE STATE
41 PURSUANT TO 42 U.S.C. SEC. 18031 (d)(3)(B); AND
42 (B) A REQUEST THAT THE FEDERAL DEPARTMENT CONFIRM THE
43 DIVISION'S DETERMINATION WITHIN SIXTY DAYS AFTER RECEIPT OF THE
44 DIVISION'S REQUEST AND SUBMISSION OF ITS DETERMINATION.
45 (IV) THIS SUBSECTION (18)(b.7) APPLIES TO LARGE EMPLOYER
46 POLICIES OR CONTRACTS ISSUED OR RENEWED ON OR AFTER JANUARY 1,
47 2022, AND TO INDIVIDUAL AND SMALL GROUP POLICIES AND CONTRACTS
48 ISSUED ON OR AFTER JANUARY 1, 2023, AND THE DIVISION SHALL
49 IMPLEMENT THE REQUIREMENTS OF THIS SUBSECTION (18)(b.7), IF:
50 (A) THE DIVISION RECEIVES CONFIRMATION FROM THE FEDERAL
51 DEPARTMENT OF HEALTH AND HUMAN SERVICES THAT THE COVERAGE
52 SPECIFIED IN THIS SUBSECTION (18)(b.7) DOES NOT CONSTITUTE AN
53 ADDITIONAL BENEFIT THAT REQUIRES DEFRAYAL BY THE STATE PURSUANT
54 TO 42 U.S.C. SEC. 18031 (d)(3)(B);
55
1 (B) THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES
2 HAS INFORMED THE DIVISION THAT THE COVERAGE DOES NOT REQUIRE
3 STATE DEFRAYAL; OR
4 (C) MORE THAN THREE HUNDRED SIXTY-FIVE DAYS HAVE PASSED
5 SINCE THE DIVISION SUBMITTED ITS DETERMINATION AND REQUEST FOR
6 CONFIRMATION THAT THE COVERAGE SPECIFIED IN THIS SUBSECTION
7 (18)(b.7) IS NOT AN ADDITIONAL BENEFIT THAT REQUIRES STATE
8 DEFRAYAL PURSUANT TO 42 U.S.C. SEC. 18031 (d)(3)(B), AND THE
9 FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS FAILED TO
10 RESPOND TO THE REQUEST WITHIN THAT PERIOD, IN WHICH CASE THE
11 DIVISION SHALL CONSIDER THE FEDERAL DEPARTMENT'S UNREASONABLE
12 DELAY A PRECLUSION FROM REQUIRING DEFRAYAL BY THE STATE.".".
13
14 As amended, ordered engrossed and placed on the Calendar for Third
15 Reading and Final Passage.
16