Amendments for HB22-1284
House Journal, April 13
31 HB22-1284 be amended as follows, and as so amended, be referred to
32 the Committee on Appropriations with favorable
33 recommendation:
34
35 Amend printed bill, page 3, lines 12 and 13, strike "(12)(b) introductory
36 portion, (12)(b)(IV), (12)(b)(V)," and substitute (12)(b),".
37
38 Page 3, line 14, strike "(12)(b)(VI),".
39
40 Page 3, line 15, strike "(19), and (20)" and substitute "and (19)".
41
42 Page 8, strike lines 20 through 27.
43
44 Page 9, strike lines 1 through 9 and substitute "under this subsection 12.
45 which rules must specify, at a minimum, the following:
46 (I) The timing for providing the disclosures for emergency and
47 nonemergency services with consideration given to potential limitations
42 48 relating to the federal "Emergency Medical Treatment and Labor Act",
49 U.S.C. sec. 1395dd;
50 (II) Requirements regarding how the disclosures must be made,
51 including requirements to include the disclosures on billing statements,
52 billing notices, prior authorizations, or other forms or communications
53 with covered persons;
54
1 (III) The contents of the disclosures, including the covered
2 person's rights and payment obligations if the covered person's health
3 benefit plan is under the jurisdiction of the division;
4 (IV) Disclosure requirements specific to carriers, including the
5 possibility of being treated by an out-of-network provider, whether a
6 provider is out of network, the types of services an out-of-network
7 provider may provide, and the right to request an in-network provider to
8 provide services; and
9 (V) Requirements concerning the language to be used in the
10 disclosures, including use of plain language, to ensure that carriers,
11 health-care facilities, and providers use language that is consistent with
112 12 the disclosures required by this subsection (12) and sections 12-30-
13 and 25-3-121 and the rules adopted pursuant to this subsection (12)(b)
14 and sections 12-30-112 (3) and 25-3-121 (2).".
15
16 Page 9, line 19, strike "AT A MINIMUM," and substitute "TO THE EXTENT
17 PRACTICABLE, EQUAL NUMBERS OF".
18
19 Page 9, line 21, strike "PROFESSIONALS," and substitute "PROVIDERS
20 DIRECTLY AFFECTED BY THIS SECTION,".
21
22 Page 10, after line 4 insert:
23
24 "(II) THE COMMISSIONER MAY ENTER INTO A CONTRACT WITH A
25 QUALIFIED INDEPENDENT THIRD PARTY FOR ANY SERVICES NECESSARY TO
26 FACILITATE THE ACTIVITIES OF THE WORK GROUP.".
27
28 Page 10, line 5, strike "(II)" and substitute "(III)".
29
30 Page 11, strike lines 5 through 7.
31
32 Renumber succeeding subsection accordingly.
33
34 Page 13, line 3, strike "AND".
35
36 Page 13, strike line 5 and substitute "12-290-105; AND
37 (XVI) THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND
38 OCCUPATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES.".
39
40 Page 15, strike lines 26 and 27, and substitute "UP TO NINETY days from
41 AFTER the date a participating provider is terminated by the plan without
42 cause, when proper notice as specified".
43
44 Page 16, line 2 after person insert "CARRIER HAS PROVIDED NOTICE TO AN
45 INDIVIDUAL ENROLLED IN SUCH PLAN PURSUANT TO SUBSECTION
46 (4)(d)(II)(A) OF THIS SECTION THAT THE CONTRACT IS TERMINATED.".
47
48 Page 16, strike lines 5 and 6 and substitute "PERIOD BEGINNING ON THE
49 DATE ON WHICH THE NOTICE OF TERMINATION IS GIVEN PURSUANT TO
50 SUBSECTION (4)(d)(II)(A) OF THIS SECTION AND ENDING ON THE EARLIER
51 OF THE NINETY-DAY PERIOD BEGINNING ON SUCH DATE OR THE DATE ON
52 WHICH THE COVERED PERSON IS NO LONGER A CONTINUING CARE PATIENT
53 WITH THE PROVIDER OR HEALTH-CARE FACILITY.".
54
55
1 Page 16, line 21, strike "MANAGED CARE" and substitute "GROUP
2 HEALTH".
3
4 Page 16, line 22, strike "MANAGED CARE" and substitute "GROUP
5 HEALTH".
6
7 Page 16, line 26, strike "PERSON." and substitute "PERSON IN COMPLIANCE
8 WITH THE FEDERAL "NO SURPRISES ACT".".
9
10 Page 18, after line 19, insert:
11 "(C) "TERMINATED", WITH RESPECT TO A CONTRACT, MEANS THE
12 EXPIRATION OR NONRENEWAL OF THE CONTRACT; EXCEPT THAT
13 "TERMINATED" DOES NOT INCLUDE A CONTRACT TERMINATED FOR FAILURE
14 TO MEET APPLICABLE QUALITY STANDARDS OR FOR FRAUD.".
15
16 Page 18, lines 21 and 22, strike "and (3) introductory portion;" and
17 substitute "and (3);".
18
19 Page 19, strike lines 22 through 27.
20
21 Page 20, strike lines 1 through 4 and substitute:
22
23 "(a.3) "BALANCE BILL" HAS THE SAME MEANING AS SET FORTH IN
24 SECTION 10-16-704 (20)(c).".
25
26 Page 20, line 8, strike "(20)(e)." and substitute "(19)(e).".
27
28 Page 20, line 12, strike "(20)(h)." and substitute "(19)(h).".
29
30 Page 20, line 14, strike "(20)(k)." and substitute "(19)(k).".
31
32 Page 20, line 20, strike "director," and substitute "director REGULATOR,".
33
34 Page 20, line 24, strike "director" and substitute "director REGULATOR".
35
36 Page 20, strike lines 26 and 27.
37
38 Page 21, strike lines 1 through 3 and substitute "are consistent with
39 sections 10-16-704 (12) and 25-3-121 and rules adopted by the
40 commissioner pursuant to section 10-16-704 (12)(b) and by the state
41 board of health pursuant to section 25-3-121 (2). The rules must specify,
42 at a minimum, the following:
43 (a) The timing for providing the disclosures for emergency and
44 nonemergency services with consideration given to potential limitations
42 45 relating to the federal "Emergency Medical Treatment and Labor Act",
46 U.S.C. sec. 1395dd;
47 (b) Requirements regarding how the disclosures must be made,
48 including requirements to include the disclosures on billing statements,
49 billing notices, or other forms or communications with consumers;
50 (c) The contents of the disclosures, including the consumer's
51 rights and payment obligations pursuant to the consumer's health benefit
52 plan;
53
1 (d) Disclosure requirements specific to health-care providers,
2 including whether a health-care provider is out of network, the types of
3 services an out-of-network health-care provider may provide, and the
4 right to request an in-network health-care provider to provide services;
5 and
6 (e) Requirements concerning the language to be used in the
7 disclosures, including use of plain language, to ensure that carriers,
8 health-care facilities, and health-care providers use language that is
9 consistent with the disclosures required by this section and sections
10 10-16-704 (12) and 25-3-121 and the rules adopted pursuant to this
11 subsection (3) and sections 10-16-704 (12)(b) and 25-3-121 (2) THIS
12 SECTION AND THE FEDERAL "NO SURPRISES ACT".".
13
14 Page 21, line 19, strike "A" and substitute "EFFECTIVE UPON THE
15 IMPLEMENTATION DATE OF THE APPLICABLE FEDERAL RULES, A".
16
17 Page 22, line 26, strike "ON" and substitute "AND THE TIME AT".
18
19 Page 23, lines 8 and 9, strike "(2) introductory portion," and substitute
20 (2),".
21
22 Page 23, line 15, strike "director of" and substitute "director of
23 APPLICABLE REGULATORS OF HEALTH-CARE PROVIDERS IN".
24
25 Page 23, strike lines 21 through 26 and substitute "are consistent with
26 sections 10-16-704 (12) and 12-30-112 and rules adopted by the
27 commissioner pursuant to section 10-16-704 (12)(b) and by the director
28 of the division of professions and occupations pursuant to section
29 12-30-112 (3). The rules must specify, at a minimum, the following:
30 (a) The timing for providing the disclosures for emergency and
31 nonemergency services with consideration given to potential limitations
42 32 relating to the federal "Emergency Medical Treatment and Labor Act",
33 U.S.C. sec. 1395dd;
34 (b) Requirements regarding how the disclosures must be made,
35 including requirements to include the disclosures on billing statements,
36 billing notices, or other forms or communications with covered persons;
37 (c) The contents of the disclosures, including the consumer's
38 rights and payment obligations pursuant to the consumer's health benefit
39 plan;
40 (d) Disclosure requirements specific to health-care facilities,
41 including whether a health-care provider delivering services at the facility
42 is out of network, the types of services an out-of-network health-care
43 provider may provide, and the right to request an in-network health-care
44 provider to provide services; and
45 (e) Requirements concerning the language to be used in the
46 disclosures, including use of plain language, to ensure that carriers,
47 health-care facilities, and health-care providers use language that is
48 consistent with the disclosures required by this section and sections
49 10-16-704 (12) and 12-30-112 and the rules adopted pursuant to this
50 subsection (2) and sections 10-16-704 (12)(b) and 12-30-112 (3) SECTION
51 AND THE FEDERAL "NO SURPRISES ACT".".
52
53 Page 24, line 14, strike "A" and substitute "EFFECTIVE UPON THE
54 IMPLEMENTATION DATE OF THE APPLICABLE FEDERAL RULES, A".
55
1 Page 24, strike lines 18 through 24.
2
3 Reletter succeeding sub-subparagraphs accordingly.
4
5 Page 25, line 22, strike "ON" and substitute "AND THE TIME AT".
6
7 Page 26, strike line 27.
8
9 Page 27, strike lines 1 through 9 and substitute:
10
11 "(a.3) "BALANCE BILL" HAS THE SAME MEANING AS SET FORTH IN
12 SECTION 10-16-704 (20)(c)."
13
14 Page 27, line 13, strike "(20)(e)." and substitute "(19)(e).".
15
16 Page 27, line 17, strike "(20)(h)." and substitute "(19)(h).".
17
18 Page 27, line 19, strike "(20)(k)." and substitute "(19)(k).".
19
20 Page 27, after line 23 insert:
21
22 "SECTION 6. In Colorado Revised Statutes, 6-1-105, amend
23 (1)(mmm) as follows:
24 "6-1-105. Unfair or deceptive trade practices. (1) A person
25 engages in a deceptive trade practice when, in the course of the person's
26 business, vocation, or occupation, the person:
27 (mmm) Violates section 12-30-113 12-30-112;
28
29 SECTION 7. In Colorado Revised Statutes, 10-16-133, add (6)
30 as follows:
31 10-16-133. Health insurance carrier information disclosure -
32 website - insurance producer fees and disclosure requirements -
33 legislative declaration - rules. (6) (a) A CARRIER OFFERING INDIVIDUAL
34 HEALTH BENEFIT PLANS OR SHORT-TERM LIMITED DURATION HEALTH
35 INSURANCE POLICIES SHALL DISCLOSE TO THE COVERED PERSON THE
36 AMOUNT OF COMPENSATION ASSOCIATED WITH PLAN SELECTION AND
37 ENROLLMENT CONSISTENT WITH, THE FEDERAL "NO SURPRISES ACT",
38 PUB.L. 116-260, AS AMENDED.
39 (b) THE COMMISSIONER SHALL PROMULGATE RULES TO IMPLEMENT
40 THE CARRIER DISCLOSURE REQUIREMENTS UNDER THIS SUBSECTION (6).".
41
42 Renumber succeeding section accordingly.
43
44
House Journal, April 21
16 HB22-1284 be amended as follows, and as so amended, be referred to
17 the Committee of the Whole with favorable
18 recommendation:
19
20 Amend printed bill, page 27, before line 24 insert:
21
22 "SECTION 6. Appropriation. (1) For the 2022-23 state fiscal
23 year, $233,018 is appropriated to the department of regulatory agencies.
24 This appropriation is from the division of insurance cash fund created in
25 section 10-1-103 (3), C.R.S. To implement this act, the department may
26 use this appropriation as follows:
27 (a) $129,745 for use by the division of insurance for personal
28 services, which amount is based on an assumption that the division will
29 require an additional 1.6 FTE;
30 (b) $14,560 for use by the division of insurance for operating
31 expenses; and
32 (c) $88,713 for the purchase of legal services.
33 (2) For the 2022-23 state fiscal year, $88,713 is appropriated to
34 the department of law. This appropriation is from reappropriated funds
35 received from the department of regulatory agencies under subsection
36 (1)(c) of this section and is based on an assumption that the department
37 of law will require an additional 0.5 FTE. To implement this act, the
38 department of law may use this appropriation to provide legal services for
39 the department of regulatory agencies.
40 (3) For the 2022-23 state fiscal year, $7,506 is appropriated to the
41 department of public health and environment for use by administration
42 and support. This appropriation is from the health facilities general
43 licensure cash fund created in section 25-3-103.1 (1), C.R.S., and is based
44 on an assumption that the department will require an additional 0.1 FTE.
45 To implement this act, the department may use this appropriation for
46 personal services related to administration.".
47
48 Renumber succeeding section accordingly.
49
50 Page 1, line 104, strike "ACT"." and substitute "ACT", AND MAKING AN
51 APPROPRIATION.".
52
53
House Journal, April 22
7 Amendment No. 1, Appropriations Report, dated April 21, 2022, and
8 placed in member’s bill file; Report also printed in House Journal,
9 April 21, 2022.
10
11 Amendment No. 2, Health & Insurance Report, dated April 13, 2022, and
12 placed in member’s bill file; Report also printed in House Journal,
13 April 14, 2022.
14
15 Amendment No. 3, by Representative Esgar.
16
17 Amend the Health and Insurance Committee Report, dated April 13,
18 2022, page 5, strike lines 22 and 23.
19
20 Amendment No. 4, by Representative Esgar.
21
22 Amend printed bill, page 21, line 5, strike "SERVICES OTHER THAN" and
23 substitute "POST-STABILIZATION SERVICES IN ACCORDANCE WITH
24 SECTION 10-16-704 AND COVERED NONEMERGENCY SERVICES IN AN
25 IN-NETWORK FACILITY THAT ARE NOT".
26
27 Page 21, line 10, strike "FORTY-EIGHT" and substitute "THREE".
28
29 Page 21, strike lines 26 and 27.
30
31 Page 22, strike lines 1 and 2 and substitute "THE SAME SERVICES;".
32
33 Page 22, line 11, strike "AND".
34
35 Page 22, after line 24 insert:
36 "(b) IF THE NOTICE IN SUBSECTION (3.5)(a)(I) OF THIS SECTION IS
37 RECEIVED WITHIN TEN DAYS BEFORE A SCHEDULED SERVICE, THE
38 COVERED PERSON MAY ELECT TO USE THE OUT-OF-NETWORK PROVIDER
39 AT THE IN-NETWORK BENEFIT LEVEL, AND THE PROVIDER MUST BE
40 REIMBURSED FOR THE SERVICES IN ACCORDANCE WITH SECTION
41 10-16-704 (3)(d)(II).".
42
43 Reletter succeeding paragraphs accordingly.
44
45 Page 24, line 6, strike "FORTY-EIGHT" and substitute "THREE".
46
47 Page 24, strike lines 21 through 24 and substitute "THE SAME SERVICES;".
48 Strike "SEVEN DAYS" and substitute "SEVENTY-TWO HOURS"on: Page 21,
49 lines 8, 9, and 11; and Page 24, lines 4, 5, and 7.
50
51 Amendment No. 5, by Representative Esgar.
52
53 Amend printed bill, page 6, strike lines 3 and 4 and substitute:
54
55 "(a.5) (I) A CARRIER SHALL:".
1 Page 6, strikes lines 16 through 27.
2
3 Page 7, strike lines 1 through 5.
4
5 Renumber succeeding subparagraph accordingly.
6
7 Page 8, line 19, after "specify" and insert " THE LIST OF THE ANCILLARY
8 SERVICES FOR WHICH AN OUT-OF-NETWORK PROVIDER OR
9 OUT-OF-NETWORK FACILITY MUST NOT BALANCE BILL A COVERED PERSON
10 AND".
11
12 Page 13, line 27, strike "(e)" and substitute "(e) (I)".
13
14 Page 14, line 2, strike "(I)" and substitute "(A)".
15
16 Page 14, line 6, after "CONDITION;" insert "AND".
17
18 Page 14, line 7, strike "(II)" and substitute "(B)".
19
20 Page 14, strike lines 15 and 16 and substitute "FACILITY.
21 (II) FOR A COVERED PERSON WHO IS PROVIDED SERVICES
22 DESCRIBED IN SUBSECTIONS (19)(e)(I)(A) AND (19)(e)(I)(B) WITH
23 RESPECT TO AN EMERGENCY MEDICAL CONDITION, UNLESS EACH OF THE
24 CONDITIONS IN SUBSECTION (19)(e)(III) OF THIS SECTION ARE MET, THE
25 TERM "EMERGENCY SERVICES" INCLUDES SERVICES THAT ARE:
26 (A) COVERED UNDER THE HEALTH BENEFIT PLAN; AND
27 (B) PROVIDED BY A NONPARTICIPATING PROVIDERS OR
28 NONPARTICIPATING EMERGENCY FACILITY, REGARDLESS OF THE
29 DEPARTMENT OR THE FACILITY IN WHICH THE ITEMS OR SERVICES ARE
30 PROVIDED AFTER THE COVERED PERSON IS STABILIZED AND AS PART OF
31 THE OUTPATIENT OBSERVATION OR INPATIENT OR OUTPATIENT STAY,
32 WITH RESPECT TO THE EMERGENCY VISIT IN WHICH THE SERVICES
33 DESCRIBED IN SUBSECTION (19)(e)(I) OF THIS SECTION ARE PROVIDED.
34 (III) FOR THE PURPOSES OF SUBSECTION (19)(e)(II) OF THIS
35 SECTION, THE CONDITIONS DESCRIBED IN THIS SUBSECTION (19)(e)(III),
36 WITH RESPECT TO A COVERED INDIVIDUAL WHO IS STABILIZED AND
37 FURNISHED ADDITIONAL ITEMS AND SERVICES DESCRIBED IN SUBSECTION
38 (19)(e)(II) OF THIS SECTION AFTER THE STABILIZATION BY A PROVIDER OR
39 FACILITY ARE THE FOLLOWING:
40 (A) THE OUT-OF-NETWORK PROVIDER OR OUT-OF-NETWORK
41 FACILITY DETERMINES THE COVERED PERSON IS ABLE TO TRAVEL USING
42 NONMEDICAL TRANSPORTATION OR NONEMERGENCY MEDICAL
43 TRANSPORTATION;
44 (B) THE OUT-OF-NETWORK PROVIDER OR OUT-OF-NETWORK
45 FACILITY HAS PROVIDED THE COVERED PERSON WITH NOTICE AND
46 OBTAINED CONSENT AS REQUIRED BY SECTION 12-30-112 OR 25-3-121, AS
47 APPLICABLE;
48 (C) THE COVERED PERSON IS IN A CONDITION TO RECEIVE THE
49 NOTICE AND CONSENT DESCRIBED IN SECTION 12-30-112 OR 25-3-121 AND
50 TO PROVIDE INFORMED CONSENT; AND
51 (D) THE OUT-OF-NETWORK PROVIDER OR OUT-OF-NETWORK
52 FACILITY IS IN COMPLIANCE WITH, AT A MINIMUM, OTHER REQUIREMENTS
53 ESTABLISHED IN 42 U.S.C. SEC. 300gg-111 AND ANY FEDERAL
54 REGULATIONS ADOPTED PURSUANT TO 42 U.S.C. SEC. 300gg-111.".
55
1 Page 15, strike lines 7 through 12.
2
3 Reletter succeeding paragraphs accordingly.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7
Senate Journal, May 3
After consideration on the merits, the Committee recommends that HB22-1284 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.
Amend reengrossed bill, page 31, line 14, strike "administration".
Page 31, line 15, strike "and support." and substitute "health facilities and
emergency medical services division.".
Page 31, strike line 19 and substitute "administration and operations related to
operations management.".
Page 1, line 104, strike "ACT," and substitute "ACT".
Appro-
priations