Amendments for SB21-016
Senate Journal, March 25
After consideration on the merits, the Committee recommends that SB21-016 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, line 10, strike "(18)(b)(XXXIV), and (18)(f)" and
substitute "(18)(c)(III.7), (18)(f), (18)(g), and (18.1)".
Page 3, line 5, before "OF" insert "OR (18)(b)(XX)".
Page 3, lines 9 and 10, strike "accordance with ADDITION TO" and substitute
"accordance with".
Page 4, line 16, strike "GENDER;" and substitute "GENDER. TREATMENT MUST
INCLUDE ANTIBIOTICS, ANTIVIRAL AND ANTIRETROVIRAL MEDICATIONS, AND
PROCEDURES THAT REDUCE INFECTIVITY. TREATMENT FOR COMPLICATIONS
SECONDARY TO THE SEXUALLY TRANSMITTED INFECTION MAY BE SUBJECT TO
DEDUCTIBLES, COPAYMENT, OR COINSURANCE.".
Page 5, strike lines 14 and 15.
Renumber succeeding subparagraphs accordingly.
Page 5, after line 22 insert:
"(c) For purposes of this subsection (18):
(III.7) "HEALTH RESOURCES AND SERVICES ADMINISTRATION" MEANS
THE HEALTH RESOURCES AND SERVICES ADMINISTRATION IN THE FEDERAL
DEPARTMENT OF HEALTH AND HUMAN SERVICES.".
Page 5, line 23, strike "(18)(b)(XXXIV)" and substitute (18)(b)(XXXIII)".
Page 5, after line 24 insert:
"(g) THE COVERAGE REQUIRED BY THIS SUBSECTION (18) MUST, AT A
MINIMUM, INCLUDE PREVENTIVE HEALTH SERVICES IDENTIFIED BY THE TASK
FORCE OR THE HEALTH RESOURCES AND SERVICES ADMINISTRATION AS OF
MARCH 1, 2021.
(18.1) Contraception. (a) POLICIES OR CONTRACTS DESCRIBED IN
SUBSECTION (18)(a)(I) OF THIS SECTION ISSUED OR RENEWED IN THIS STATE
MUST PROVIDE COVERAGE FOR THE TOTAL COST OF ALL CONTRACEPTION, AS
DEFINED IN SECTION 2-4-401 (1.5).
(b) THE COVERAGE REQUIRED BY THIS SUBSECTION (18.1) IS NOT
SUBJECT TO POLICY DEDUCTIBLES, COPAYMENTS, OR COINSURANCE.
(c) THIS SUBSECTION (18.1) DOES NOT APPLY TO GRANDFATHERED
HEALTH BENEFIT PLANS.".
Page 8, strike lines 24 and 25 and substitute:
"SECTION 4. Applicability. Section 1 of this act applies to health
benefit plans issued or renewed on or after January 1, 2023.".
Health &
Human
Services
Senate Journal, April 30
After consideration on the merits, the Committee recommends that SB21-016 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 8, after line 23 insert:
"SECTION 4. Appropriation. (1) For the 2021-22 state fiscal year,
$90,547 is appropriated to the department of health care policy and financing.
This appropriation is from the general fund. To implement this act, the
department may use this appropriation for the Medicaid management
information system maintenance and projects.
(2) For the 2021-22 state fiscal year, the general assembly anticipates
that the department of health care policy and financing will receive $814,920
in federal funds for the Medicaid management information system maintenance
and projects to implement this act. The appropriation in subsection (1) of this
section is based on the assumption that the department will receive this amount
of federal funds, which is subject to the "(I)" notation as defined in the annual
general appropriation act for the same fiscal year.
(3) For the 2021-22 state fiscal year, $13,353 is appropriated to the
department of regulatory agencies for use by the division of insurance. This
appropriation is from the division of insurance cash fund created in section
10-1-103 (3), C.R.S., and is based on an assumption that the division will
require an additional 0.2 FTE. To implement this act, the division may use this
appropriation for personal services.".
Renumber succeeding sections accordingly.
Page 1, line 105, strike "FACILITIES." and substitute "FACILITIES AND MAKING
AN APPROPRIATION.".
Appro-
priations
Senate Journal, May 4
SB21-016 by Senator(s) Pettersen and Moreno; also Representative(s) Esgar and Mullica--Concerning
services related to preventive health care, and, in connection therewith, requiring coverage
for certain preventive measures, screenings, and treatments that are administered, dispensed,
or prescribed by health care providers and facilities and making an appropriation.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, March 25, page(s) 354-355 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 30, page(s) 706 and placed in members' bill files.)
Amendment No. 3(L.018), by Senator Pettersen.
Strike the Health & Human Services Committee, dated March 24, 2021.
Amend printed bill, page 2, strike lines 3 through 10 and substitute "(18)(a)(I)
introductory portion and (18)(a)(III)(A); and add (18)(b)(XI) and (18.1) as
follows:".
Page 3, strike lines 8 through 27 and substitute:
"(b) The coverage required by this subsection (18) must include
preventive health care services for the following, in accordance with the A or
B recommendations of the task force for the particular preventive health care
service:
(XI) COUNSELING, PREVENTION, AND SCREENING FOR A SEXUALLY
TRANSMITTED INFECTION, AS DEFINED IN SECTION 25-4-402 (10); EXCEPT THAT
THE COVERAGE UNDER THIS SUBSECTION (18)(b)(XI) MUST BE PROVIDED TO ALL
COVERED PERSONS REGARDLESS OF THE COVERED PERSON'S GENDER.
(18.1) Contraception. (a) POLICIES OR CONTRACTS DESCRIBED IN
SUBSECTION (18)(a)(I) OF THIS SECTION ISSUED OR RENEWED IN THIS STATE
MUST PROVIDE COVERAGE FOR THE TOTAL COST OF CONTRACEPTION, AS
DEFINED IN SECTION 2-4-401 (1.5).
(b) THE COVERAGE REQUIRED BY THIS SUBSECTION (18.1) IS NOT
SUBJECT TO POLICY DEDUCTIBLES, COPAYMENTS, OR COINSURANCE.
(c) THIS SUBSECTION (18.1) DOES NOT APPLY TO GRANDFATHERED
HEALTH BENEFIT PLANS.".
Strike page 4.
Page 5, strike lines 1 through 24.
Page 8, strike lines 24 and 25 and substitute:
"SECTION 4. Applicability. Section 1 of this act applies to health
benefit plans issued or renewed on or after January 1, 2023.".
Amendment No. 4(L.006), by Senator Pettersen.
Amend printed bill, page 7, strike lines 15 through 27 and substitute:
"(a) "FAMILY-PLANNING-RELATED SERVICES" MEANS SERVICES
PROVIDED IN A FAMILY PLANNING SETTING AS PART OF OR AS A FOLLOW-UP TO
A FAMILY PLANNING VISIT, INCLUDING:
(I) MEDICALLY NECESSARY EVALUATIONS OR PREVENTIVE SERVICES,
SUCH AS TOBACCO UTILIZATION SCREENING, COUNSELING, TESTING, AND
CESSATION SERVICES;
(II) CERVICAL CANCER SCREENING AND PREVENTION;
(III) DIAGNOSIS OR TREATMENT OF A SEXUALLY TRANSMITTED
INFECTION OR SEXUALLY TRANSMITTED DISEASE, AND MEDICATION AND
SUPPLIES TO PREVENT A SEXUALLY TRANSMITTED INFECTION OR SEXUALLY
TRANSMITTED DISEASE; AND
(IV) ANY OTHER MEDICAL DIAGNOSIS, TREATMENT, OR PREVENTIVE
SERVICE THAT IS ROUTINELY PROVIDED PURSUANT TO A FAMILY PLANNING
VISIT.
(b) "FAMILY PLANNING SERVICES" MEANS ALL SERVICES COVERED BY
THE FEDERAL TITLE X FAMILY PLANNING PROGRAM, REGARDLESS OF AN
INDIVIDUAL'S AGE, SEX, OR GENDER IDENTITY, OR THE AGE, SEX, OR GENDER
IDENTITY OF THE INDIVIDUAL'S PARTNER, INCLUDING BUT NOT LIMITED TO:
(I) ALL CONTRACEPTION, AS DEFINED IN SECTION 2-4-401 (1.5);
(II) HEALTH-CARE AND COUNSELING SERVICES FOCUSED ON
PREVENTING, DELAYING, OR PLANNING FOR A PREGNANCY;
(III) FOLLOW-UP VISITS TO EVALUATE OR MANAGE PROBLEMS
ASSOCIATED WITH CONTRACEPTIVE METHODS;
(IV) STERILIZATION SERVICES, REGARDLESS OF AN INDIVIDUAL'S SEX;
AND
(V) BASIC FERTILITY SERVICES.".
Amendment No. 5(L.017), by Senator Pettersen.
Amend printed bill, page 8, after line 23 insert:
"(6) THE STATE BOARD SHALL PROMULGATE RULES ESTABLISHING THE
SPECIFIC FAMILY-PLANNING-RELATED SERVICES AND FAMILY PLANNING
SERVICES IDENTIFIED IN SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION. PRIOR
TO PROMULGATING THE RULES, THE STATE DEPARTMENT SHALL ENGAGE IN A
STAKEHOLDER PROCESS THAT ATTEMPTS TO INCLUDE INDIVIDUALS WHO HAVE
RECEIVED FAMILY PLANNING SERVICES THROUGH THE STATE'S MEDICAL
ASSISTANCE PROGRAM OR THE CHILDREN'S BASIC HEALTH PLAN,
REPRESENTATIVES OF CONSUMER ADVOCACY ORGANIZATIONS, AND FAMILY
PLANNING PROVIDERS. THE STAKEHOLDERS MUST BE DIVERSE WITH REGARD TO
RACE, ETHNICITY, IMMIGRATION STATUS, AGE, ABILITY, SEXUAL ORIENTATION,
GENDER IDENTITY, OR GEOGRAPHIC REGION OF THE STATE.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, May 26
30 SB21-016 be amended as follows, and as so amended, be referred to
31 the Committee on Appropriations with favorable
32 recommendation:
33
34 Amend reengrossed bill, page 3, line 7, after "(XI)" insert "(A)".
35
36 Page 3, after line 11 insert:
37
38 "(B) THE DIVISION SHALL SUBMIT TO THE FEDERAL DEPARTMENT
39 OF HEALTH AND HUMAN SERVICES ITS DETERMINATION AS TO WHETHER
40 THE BENEFIT SPECIFIED IN THIS SUBSECTION (18)(b)(XI) IS IN ADDITION TO
41 ESSENTIAL HEALTH BENEFITS AND WOULD BE SUBJECT TO DEFRAYAL BY
42 THE STATE PURSUANT TO 42 U.S.C. SEC. 18031 (d)(3)(B) AND A REQUEST
43 THAT THE FEDERAL DEPARTMENT CONFIRM THE DIVISION 'S
44 DETERMINATION WITHIN SIXTY DAYS AFTER RECEIPT OF THE DIVISION'S
45 REQUEST AND SUBMISSION OF ITS DETERMINATION.
46 (C) THIS SUBSECTION (18)(b)(XI) APPLIES TO LARGE EMPLOYER
47 POLICIES OR CONTRACTS ISSUED OR RENEWED ON OR AFTER JANUARY 1,
48 2022, AND TO INDIVIDUAL AND SMALL GROUP POLICIES AND CONTRACTS
49 ISSUED ON OR AFTER JANUARY 1, 2023, AND THE DIVISION SHALL
50 IMPLEMENT THE REQUIREMENTS OF THIS SUBSECTION (18)(b)(XI) IF THE
51 DIVISION RECEIVES CONFIRMATION FROM THE FEDERAL DEPARTMENT OF
52 HEALTH AND HUMAN SERVICES THAT THE COVERAGE SPECIFIED IN THIS
53 SUBSECTION (18)(b)(XI) DOES NOT CONSTITUTE AN ADDITIONAL BENEFIT
54 THAT REQUIRES DEFRAYAL BY THE STATE PURSUANT TO 42 U.S.C. SEC.
55 18031 (d)(3)(B); THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
1 SERVICES HAS OTHERWISE INFORMED THE DIVISION THAT THE COVERAGE
18031 2 DOES NOT REQUIRE STATE DEFRAYAL PURSUANT TO 42 U.S.C. SEC.
3 (d)(3)(B); OR MORE THAN THREE HUNDRED SIXTY-FIVE DAYS HAVE
4 PASSED SINCE THE DIVISION SUBMITTED ITS DETERMINATION AND
5 REQUEST FOR CONFIRMATION THAT THE COVERAGE SPECIFIED IN THIS
6 SUBSECTION (18)(b)(XI) IS NOT AN ADDITIONAL BENEFIT THAT REQUIRES
7 STATE DEFRAYAL PURSUANT TO 42 U.S.C. SEC. 18031 (d)(3)(B), AND THE
8 FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS FAILED TO
9 RESPOND TO THE REQUEST WITHIN THAT PERIOD, IN WHICH CASE THE
10 DIVISION SHALL CONSIDER THE FEDERAL DEPARTMENT'S UNREASONABLE
11 DELAY A PRECLUSION FROM REQUIRING DEFRAYAL BY THE STATE.".
12
13 Page 3, after line 19 insert:
14
15 "(d) (I) THE DIVISION SHALL SUBMIT TO THE FEDERAL
16 DEPARTMENT OF HEALTH AND HUMAN SERVICES:
17 (A) ITS DETERMINATION AS TO WHETHER THE BENEFIT SPECIFIED
18 IN THIS SUBSECTION (18.1) IS IN ADDITION TO ESSENTIAL HEALTH
19 BENEFITS AND WOULD BE SUBJECT TO DEFRAYAL BY THE STATE PURSUANT
20 TO 42 U.S.C. SEC. 18031 (d)(3)(B); AND
21 (B) A REQUEST THAT THE FEDERAL DEPARTMENT CONFIRM THE
22 DIVISION'S DETERMINATION WITHIN SIXTY DAYS AFTER RECEIPT OF THE
23 DIVISION'S REQUEST AND SUBMISSION OF ITS DETERMINATION.
24 (II) THIS SUBSECTION (18.1) APPLIES TO LARGE EMPLOYER
25 POLICIES OR CONTRACTS ISSUED OR RENEWED ON OR AFTER JANUARY 1,
26 2022, AND TO INDIVIDUAL AND SMALL GROUP POLICIES AND CONTRACTS
27 ISSUED ON OR AFTER JANUARY 1, 2023, AND THE DIVISION SHALL
28 IMPLEMENT THE REQUIREMENTS OF THIS SUBSECTION (18.1), IF:
29 (A) THE DIVISION RECEIVES CONFIRMATION FROM THE FEDERAL
30 DEPARTMENT OF HEALTH AND HUMAN SERVICES THAT THE COVERAGE
31 SPECIFIED IN THIS SUBSECTION (18.1) DOES NOT CONSTITUTE AN
32 ADDITIONAL BENEFIT THAT REQUIRES DEFRAYAL BY THE STATE PURSUANT
33 TO 42 U.S.C. SEC. 18031 (d)(3)(B);
34 (B) THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES
35 HAS OTHERWISE INFORMED THE DIVISION THAT THE COVERAGE DOES NOT
36 REQUIRE STATE DEFRAYAL PURSUANT TO 42 U.S.C. SEC. 18031 (d)(3)(B);
37 OR
38 (C) MORE THAN THREE HUNDRED SIXTY-FIVE DAYS HAVE PASSED
39 SINCE THE DIVISION SUBMITTED ITS DETERMINATION AND REQUEST FOR
40 CONFIRMATION THAT THE COVERAGE SPECIFIED IN THIS SUBSECTION
41 (18.1) IS NOT AN ADDITIONAL BENEFIT THAT REQUIRES STATE DEFRAYAL
42 PURSUANT TO 42 U.S.C. SEC. 18031 (d)(3)(B), AND THE FEDERAL
43 DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS FAILED TO RESPOND
44 TO THE REQUEST WITHIN THAT PERIOD, IN WHICH CASE THE DIVISION
45 SHALL CONSIDER THE FEDERAL DEPARTMENT'S UNREASONABLE DELAY A
46 PRECLUSION FROM REQUIRING DEFRAYAL BY THE STATE.".
47
48
House Journal, June 2
25 Amendment No. 1, Health & Insurance Report, dated May 26, 2021, and
26 placed in member's bill file; Report also printed in House Journal,
27 May 26, 2021.
28
29 As amended, ordered revised and placed on the Calendar for Third
30 Reading and Final Passage.
31