Amendments for SB23-093
Senate Journal, February 24
After consideration on the merits, the Committee recommends that SB23-093 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 printed bill, page 3, lines 3 and 4, strike "(10.3) and".
Page 3, strike lines 7 through 11 and substitute:
"(10.5) "MEDICAL DEBT" MEANS DEBT ARISING FROM HEALTH-CARE
SERVICES, AS DEFINED IN SECTION 10-16-102 (33), OR HEALTH-CARE GOODS,
INCLUDING PRODUCTS, DEVICES, DURABLE MEDICAL EQUIPMENT, AND
PRESCRIPTION DRUGS.".
Page 3, line 25, strike "NOTICE OR" and substitute "NOTICE,".
Page 3, strike lines 26 and 27.
Page 4, line 3, strike "OR ORAL".
Page 4, line 3, after "BY" insert "THE CONSUMER".
Page 4, line 5, after "SHALL" insert "CEASE COLLECTION UNTIL IT CAN".
Page 4, line 6, strike "WITHIN THIRTY DAYS".
Page 4, line 10, strike "INCURRED, IF" and substitute "INCURRED;".
Page 4, strike line 11.
Page 4, strike lines 14 and 15 and substitute:
"(e) THE NAME OF THE FACILITY WHERE HEALTH-CARE SERVICES WERE
PROVIDED OR THE NAME OF THE MERCHANT WHERE THE CONSUMER PURCHASED
MEDICAL PRODUCTS, DEVICES, OR DURABLE MEDICAL GOODS;".
Page 4, line 18, strike "ANY ADJUSTMENT TO THE BILL," and substitute "AN
ITEMIZATION OF THE CURRENT AMOUNT OF THE DEBT DUE AT THE TIME THE
ITEMIZED STATEMENT IS GENERATED, REFLECTING INTEREST, FEES, PAYMENTS,
AND CREDITS SINCE THE DATES DESCRIBED IN SUBSECTIONS (5)(b) AND (5)(c) OF
THIS SECTION, AND".
Page 4, line 19, strike "RATES" and substitute "RATES, FINANCIAL ASSISTANCE
APPLIED," and strike "DISCOUNTS;" and substitute "DISCOUNTS; AND".
Page 4, strike lines 20 through 24.
Reletter succeeding paragraphs accordingly.
Page 4, line 25, strike "WHETHER" and substitute "FOR MEDICAL DEBT FROM A
HEALTH-CARE FACILITY, AS DEFINED IN SECTION 25.5-3-501 (1), WHETHER".
Page 4, line 27, strike "WHETHER" and substitute "FOR MEDICAL DEBT FROM A
HEALTH-CARE FACILITY, AS DEFINED IN SECTION 25.5-3-501 (1), WHETHER".
Page 5, line 7, strike "MEDICAL CREDITOR," and strike "COLLECTOR," and
substitute "COLLECTOR".
Page 5, line 9, after "PLAN" insert "WITH A CONSUMER" and after "DEBT" insert
"THAT IS PAYABLE IN FOUR OR MORE INSTALLMENTS".
Page 5, line 12, after "RATE" insert "OR RATES".
Page 5, line 14, strike "INTERRUPTION." and substitute "INTERRUPTION OR THAT
THE PLAN IS A TEMPORARY ARRANGEMENT THAT WILL NOT PAY OFF THE DEBT
IN FULL.".
Page 5, strike lines 15 through 21 and substitute:
"(b) BEFORE ACCELERATING OR DECLARING THE PAYMENT PLAN NO
LONGER OPERATIVE, IF THE CONSUMER HAS NOT INVOKED THE RIGHT TO CEASE
COMMUNICATION, THE DEBT COLLECTOR OR".
Page 5, line 23, strike "(A)" and substitute "(I)".
Page 5, line 24, strike "OTHER METHOD" and substitute "IN WRITING,
WHICHEVER IS".
Page 5, line 26, strike "(B)" and substitute "(II)".
Page 5, line 27, strike "INOPERATIVE AND" and substitute "INOPERATIVE.".
Page 6, strike lines 1 through 13.
Reletter succeeding paragraph accordingly.
Page 6, lines 14 and 15, strike "AND TELEPHONE CALLS".
Page 6, line 15, after "CONSUMER" insert "PURSUANT TO SUBSECTION (1)(b)(II)
OF THIS SECTION".
Page 6, lines 15 and 16, strike "AND TELEPHONE NUMBER".
Page 6, line 17, strike "MEDICAL CREDITOR, DEBT COLLECTOR," and substitute
"DEBT COLLECTOR".
Page 7, strike line 1 and substitute "CHARGES, UNLESS REQUESTED BY THE
CONSUMER;".
Page 7, line 7, after "AGENCY" insert "OR A LEGAL ACTION OR ARBITRATION
PROCEEDING HAS ALREADY BEEN INITIATED," and strike "MEDICAL CREDITOR,".
Page 7, line 8, strike "COLLECTOR," and substitute "COLLECTOR".
Page 7, line 20, strike "CREDITOR, OR A".
Page 7, line 22, strike "FORM A COPY OF" and substitute "FORM:
(I) A COPY OF".
Page 7, line 24, strike "DEBT." and substitute "DEBT;
(II) THE NAME AND ADDRESS OF THE MEDICAL CREDITOR;
(III) THE AMOUNT OF DEBT OWED; AND
(IV) A DATE OF SERVICE THE MEDICAL DEBT WAS INCURRED.".
Page 7, lines 25 and 26, strike "THE NAMED PLAINTIFF IN A LEGAL ACTION" and
substitute "NAMED IN THE PLEADINGS IN A LEGAL ACTION".
Page 7, line 27, strike "ON ITS OWN BEHALF" and substitute "IN ITS OWN NAME".
Page 8, line 1, strike "ONLY FOR COLLECTION PURPOSES".
Page 8, line 2, strike "ON BEHALF OF THE CREDITOR." and substitute "IN ITS OWN
NAME.".
Page 9, line 13, strike "practice." and substitute "practice - definition.".
Page 9, strike line 24 and substitute "ESTIMATE OR FOUR HUNDRED DOLLARS,
WHICHEVER IS LESS.".
Page 9, line 27, after "ESTIMATE" insert "OR FOUR HUNDRED DOLLARS".
Page 10, line 9, strike "ESTIMATE." and substitute "ESTIMATE OR FOUR HUNDRED
DOLLARS, WHICHEVER IS LESS.".
Page 11, line 8, strike "AND".
Page 11, line 11, strike "SKILLS." and substitute "SKILLS;
(d) BE PROVIDED IN ENGLISH OR SPANISH, IF REQUESTED BY THE
CONSUMER; AND
(e) BE PROVIDED WITHIN THE FOLLOWING TIME FRAMES:
(I) NOT LATER THAN ONE BUSINESS DAY AFTER THE DATE THE PRIMARY
ITEM OR SERVICE IS SCHEDULED IF A PRIMARY ITEM OR SERVICE IS SCHEDULED
AT LEAST THREE DAYS BEFORE THE PRIMARY ITEM OR SERVICE IS PROVIDED;
(II) NOT LATER THAN THREE BUSINESS DAYS AFTER THE DATE THE
PRIMARY ITEM OR SERVICE IS SCHEDULED IF THE PRIMARY ITEM OR SERVICE IS
SCHEDULED AT LEAST TEN BUSINESS DAYS BEFORE THE PRIMARY ITEM OR
SERVICE IS PROVIDED; OR
(III) NOT LATER THAN THREE DAYS AFTER A REQUEST FOR A SELF-PAY
ESTIMATE.
(4) A PROVIDER OR HEALTH-CARE FACILITY THAT IS IN COMPLIANCE
WITH SECTION 112 OF TITLE I OF DIVISION BB OF THE FEDERAL "NO SURPRISES
ACT", AND RULES PROMULGATED AND DETERMINED BY THE FEDERAL CENTERS
FOR MEDICARE AND MEDICAID SERVICES UNDER THAT ACT IN 45 CFR 149.610,
OR ANY SUCCESSOR LAWS AND REGULATIONS, IS IN COMPLIANCE WITH THIS
SECTION.".
Renumber succeeding subsection accordingly.
Page 11, after line 13 insert:
"(6) AS USED IN THIS SECTION, "FEDERAL 'NO SURPRISES ACT'" MEANS
THE FEDERAL "NO SURPRISES ACT", PUB.L. 116-260, AS AMENDED.".
Page 12, after line 10 insert:
"SECTION 13. Applicability. This act applies to contracts entered
into after the effective date of this act.".
Renumber succeeding section accordingly.
Senate Journal, March 9
SB23-093 by Senator(s) Cutter and Jaquez Lewis; also Representative(s) Weissman and Brown--
Concerning increasing consumer protections in various medical transactions.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, February 24, page(s) 298-300 and placed in members' bill
files.)
Amendment No. 2(L.006), by Senator Cutter.
Amend the Health and Human Services Report, dated February 23, 2023, page
1, line 6, strike "DRUGS."." and substitute "DRUGS. "MEDICAL DEBT" DOES NOT
INCLUDE DEBT CHARGED TO A CREDIT CARD.".".
Page 2 of the committee report, strike lines 10 and 11 and substitute
"ASSISTANCE APPLIED,".".
Page 3 of the committee report, strike lines 2 and 3.
Page 3 of the committee report, strike lines 20 through 27.
Page 4 of the committee report, strike lines 1 through 6.
Page 5 of the bill, line 23, strike "THREE" and substitute "TWO".
Page 5 of the bill, strike lines 24 and 25 and substitute "THE CONSUMER; AND".
Page 7 of the bill, line 19, strike "(a)".
Page 7 of the bill, strike lines 25 through 27.
Page 8 of the bill, strike lines 1 and 2.
Page 9 of the bill, line 14, after "SERVICE," insert "DESIGNATED BILLING OR
PATIENT SERVICES PERSONNEL REPRESENTING".
Page 9 of the bill, line 19, strike "SERVICE." and substitute "SERVICE, EXCEPT AS
PROHIBITED BY 42 U.S.C. SEC. 1395dd.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, April 13
9 Amend reengrossed bill, page 2, strike lines 2 through 5.
10
11 Page 3, strike lines 1 and 2.
12
13 Renumber succeeding sections accordingly.
14
15 The amendment was declared lost by the following roll call vote:
16
17 YES 21 NO 42 EXCUSED 2 ABSENT
18 Amabile N English N Lindstedt N Sirota N
19 Armagost Y Epps N Luck Y Snyder N
20 Bacon N Evans Y Lukens N Soper Y
21 Bird N Frizell Y Lynch Y Story N
22 Bockenfeld Y Froelich N Mabrey N Taggart Y
23 Boesenecker N Garcia N Marshall Y Titone N
24 Bottoms Y Gonzales-Gutierrez N Martinez N Valdez N
25 Bradfield Y Hamrick N Mauro N Velasco N
26 Bradley Y Hartsook Y McCormick N Vigil N
27 Brown N Herod N McLachlan N Weinberg Y
28 Catlin Y Holtorf Y Michaelson Jenet E Weissman N
29 Daugherty E Jodeh N Ortiz N Willford N
30 DeGraaf Y Joseph Y Parenti N Wilson Y
31 deGruy Kennedy N Kipp N Pugliese Y Winter T. Y
32 Dickson N Lieder N Ricks N Woodrow N
33 Duran N Lindsay N Sharbini N Young N
34 Speaker N
35
36 Pursuant to House Rule 16, Majority Leader Duran moved "Shall the
37 main question be now put?" The motion was declared passed by the
38 following roll call vote:
39
40 YES 44 NO 19 EXCUSED 2 ABSENT
41 Amabile Y English Y Lindstedt Y Sirota Y
42 Armagost N Epps Y Luck N Snyder Y
43 Bacon Y Evans N Lukens Y Soper N
44 Bird Y Frizell N Lynch N Story Y
45 Bockenfeld N Froelich Y Mabrey Y Taggart N
46 Boesenecker Y Garcia Y Marshall Y Titone Y
47 Bottoms N Gonzales-Gutierrez Y Martinez Y Valdez Y
48 Bradfield N Hamrick Y Mauro Y Velasco Y
49 Bradley N Hartsook N McCormick Y Vigil Y
50 Brown Y Herod Y McLachlan Y Weinberg N
51 Catlin N Holtorf N Michaelson Jenet E Weissman Y
52 Daugherty E Jodeh Y Ortiz Y Willford Y
53 DeGraaf N Joseph Y Parenti Y Wilson N
1 deGruy Kennedy Y Kipp Y Pugliese N Winter T. N
2 Dickson Y Lieder Y Ricks Y Woodrow Y
3 Duran Y Lindsay Y Sharbini Y Young Y
4 Speaker Y
5
6 The question being, "Shall the bill, pass?".
7 A roll call vote was taken. As shown by the following recorded vote, a
8 majority of those elected to the House voted in the affirmative and the bill
9 was declared passed.
10
11 YES 43 NO 20 EXCUSED 2 ABSENT
12 Amabile Y English Y Lindstedt Y Sirota Y
13 Armagost N Epps Y Luck N Snyder Y
14 Bacon Y Evans N Lukens Y Soper N
15 Bird Y Frizell N Lynch N Story Y
16 Bockenfeld N Froelich Y Mabrey Y Taggart N
17 Boesenecker Y Garcia Y Marshall N Titone Y
18 Bottoms N Gonzales-Gutierrez Y Martinez Y Valdez Y
19 Bradfield N Hamrick Y Mauro Y Velasco Y
20 Bradley N Hartsook N McCormick Y Vigil Y
21 Brown Y Herod Y McLachlan Y Weinberg N
22 Catlin N Holtorf N Michaelson Jenet E Weissman Y
23 Daugherty E Jodeh Y Ortiz Y Willford Y
24 DeGraaf N Joseph Y Parenti Y Wilson N
25 deGruy Kennedy Y Kipp Y Pugliese N Winter T. N
26 Dickson Y Lieder Y Ricks Y Woodrow Y
27 Duran Y Lindsay Y Sharbini Y Young Y
28 Speaker Y
29 Co-sponsor(s) added: Representative(s) Amabile, Bacon, Bird, Boesenecker,
30 deGruy Kennedy, Dickson, Duran, English, Epps, Froelich, Garcia,
31 Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay,
32 Lindstedt, Lukens, Mabrey, Martinez, Mauro, McCormick, McLachlan, Ortiz,
33 Ricks, Sirota, Snyder, Story, Titone, Valdez, Velasco, Vigil, Willford,
34 Woodrow, Young, Speaker
35