Amendments for SB23-189
Senate Journal, March 16
After consideration on the merits, the Committee recommends that SB23-189 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 7, strike line 22 and substitute "sharing. IF THE
TREATMENT OF".
Page 7, line 24, strike "IN A" and substitute "IS A COVERED SERVICE, THE" and
after "PROVIDE" insert "THE".
Page 8, strike line 3 and substitute "IF STERILIZATION SERVICES ARE A COVERED
SERVICE, THE".
Page 8, line 4, after "PROVIDE" insert "THE".
Page 10, line 1, strike "(1)(g), (2.5)," and substitute "(1)(g)".
Page 10, strike lines 26 and 27.
Page 11, strike lines 1 through 5 and substitute:
"(5.5) TO THE EXTENT PRACTICABLE, THE STATE DEPARTMENT SHALL".
Page 12, strike lines 4 through 27.
Page 13, strike lines 1 though 6.
Renumber succeeding sections accordingly.
Page 13, strike lines 21 through 23 and substitute:
"(2) (a) THE STATE DEPARTMENT SHALL NOT RESTRICT BY PRIOR
AUTHORIZATION OR STEP THERAPY REQUIREMENTS ANY PRESCRIPTION DRUG
USED FOR THE TREATMENT.".
Page 14, after line 4 insert:
"(b) NOTHING IN THIS SUBSECTION (2) PREVENTS DRUG UTILIZATION
REVIEW THAT MAY BE NECESSARY FOR PATIENT SAFETY, INCLUDING TO
PREVENT DRUG RESISTANCE OR DANGEROUS DRUG INTERACTION.
SECTION 11. In Colorado Revised Statutes, 25-6-101, amend (1) as
follows:
25-6-101. Legislative declaration. (1) Continuing population growth
either causes or aggravates many social, economic, and environmental
problems, both in this state and in the nation Every individual has a
fundamental right to make decisions about the individual's reproductive health
care including the fundamental right to use or refuse contraception.
SECTION 12. In Colorado Revised Statutes, add 25-6-104 as follows:
25-6-104. Reproductive privacy affordability grant program -
creation - rules - report. (1) THERE IS CREATED IN THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT THE REPRODUCTIVE PRIVACY
AFFORDABILITY GRANT PROGRAM, REFERRED TO IN THIS SECTION AS THE
"PROGRAM". SUBJECT TO AVAILABLE APPROPRIATIONS, THE PURPOSE OF THE
PROGRAM IS TO AWARD REPRODUCTIVE PRIVACY AFFORDABILITY GRANTS,
REFERRED TO IN THIS SECTION AS "GRANTS", TO LICENSED HEALTH-CARE
PROVIDERS TO COVER THE COST OF CONTRACEPTIVES DISPENSED TO A PATIENT
WHO IS UNDER NINETEEN YEARS OF AGE WHO CHOOSES TO SELF-PAY FOR
CONTRACEPTIVES DUE TO LACK OF INSURANCE COVERAGE OR BECAUSE USING
INSURANCE BENEFITS WOULD JEOPARDIZE THE PATIENT'S PRIVACY AND ABILITY
TO CONFIDENTIALLY ACCESS HEALTH-CARE.
(2) ON OR BEFORE DECEMBER 1, 2023, OR NOT MORE THAN NINETY
DAYS AFTER THE DEPARTMENT RECEIVES SUFFICIENT MONEY TO IMPLEMENT THE
PROGRAM, WHICHEVER IS LATER, THE STATE BOARD OF HEALTH SHALL
PROMULGATE RULES, AS NECESSARY, TO IMPLEMENT THE PROGRAM. THE
BOARD'S RULES MAY PRIORITIZE GRANT AWARDS BY AREA OF THE STATE OR
OTHER CRITERIA THAT ENSURES GRANTS ARE AWARDED TO PROVIDERS WHO
SERVE A HIGH NUMBER OF PATIENTS WHO ARE LESS LIKELY OR UNABLE TO
ACCESS CONTRACEPTIVES WITHOUT THE CONFIDENTIALITY PROVIDED THROUGH
SELF-PAY FOR CONTRACEPTIVES.
(3) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR BEFORE
JANUARY 31, 2025, AND BY JANUARY 31 EACH YEAR THEREAFTER FOR A YEAR
IN WHICH GRANTS HAVE BEEN AWARDED, THE DEPARTMENT SHALL SUBMIT A
REPORT TO THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH
AND HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN
SERVICES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, CONCERNING, AT A
MINIMUM, THE NUMBER OF PATIENTS WHO RECEIVED CONTRACEPTIVES
PURSUANT TO THE PROGRAM, THE NUMBER OF HEALTH-CARE PROVIDERS OR
PRACTICE GROUPS THAT RECEIVED GRANTS, THE AMOUNT OF GRANTS AWARDED
AND THE AMOUNT OF THE GRANTS, AND AN ANALYSIS BY THE DEPARTMENT OF
THE IMPACT OF THE PROGRAM.".
Renumber succeeding section accordingly.
Senate Journal, March 17
After consideration on the merits, the Committee recommends that SB23-189 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 14, before line 5 insert:
"SECTION 13. Appropriation. (1) For the 2023-24 state fiscal year,
$1,000,000 is appropriated to the department of public health and environment
for use by the prevention services division. This appropriation is from the
general fund. To implement this act, the division may use this appropriation for
the reproductive privacy affordability grant program related to women's health.
(2) For the 2023-24 state fiscal year, $67,627 is appropriated to the
department of regulatory agencies. This appropriation is from the division of
insurance cash fund created in section 10-1-103 (3), C.R.S. To implement this
act, the division may use this appropriation as follows:
(a) $37,109 for use by the division of insurance for personal services,
which amount is based on an assumption that the division will require an
additional 0.5 FTE;
(b) $7,345 for use by the division of insurance for operating expenses;
and
(c) $23,263 for the purchase of legal services.
(3) For the 2023-24 state fiscal year, $23,263 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of regulatory agencies under subsection (2)(c) of this
section and is based on an assumption that the department of law will require
an additional 0.1 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of regulatory
agencies.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "SERVICES." and substitute "SERVICES, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Senate Journal, March 22
Amend engrossed bill, page 5, line 19, strike "PROVIDING".
Page 7, line 8, strike "WITH A HEALTH SAVINGS ACCOUNT".
Page 8, line 26, strike "WITH A HEALTH SAVINGS ACCOUNT".
Page 9, line 11, strike "WITH A HEALTH SAVINGS ACCOUNT".
Page 14, strike lines 5 through 8 and substitute "environmental problems, both
in this state and in the nation EVERY INDIVIDUAL HAS A FUNDAMENTAL RIGHT
TO MAKE DECISIONS ABOUT THE INDIVIDUAL'S REPRODUCTIVE HEALTH CARE
INCLUDING THE FUNDAMENTAL RIGHT TO USE OR REFUSE CONTRACEPTION.".
Page 16, line 4, strike "(2)(c)" and substitute and "(2)(c) and (2)(c.5)".
Page 16, line 6, strike "definitions." and substitute "definitions - repeal.".
Page 17, after line 5 insert:
"(c.5) THIS SUBSECTION (2)(c.5) AND SUBSECTION (2)(c) OF THIS
SECTION ARE REPEALED, EFFECTIVE JULY 1, 2027.".
House Journal, March 29
45 Amend reengrossed bill, page 7, line 7, strike "SECTION" and substitute
46 "SUBSECTION (26)".
House Journal, March 31
45 Amendment No. 1, Health & Insurance Report, dated March 28, 2023,
46 and placed in member's bill file; Report also printed in House Journal,
47 March 29, 2023.
48
49 Amendment No. 2, by Representative Michaelson Jenet:
50
51 Amend reengrossed bill, page 4, line 5, strike "SCREENING" and substitute
52 "SCREENING,".
53
54 Page 4, line 15, strike "IF" and substitute "FOR HEALTH BENEFIT PLANS
55 ISSUED OR RENEWED ON OR AFTER JANUARY 1, 2025, IF".
1 Page 5, line 8, strike "SMALL".
2
3 Page 5, line 27, strike "2025." and substitute "2025; EXCEPT THAT
4 COPAYMENTS MAY APPLY AS REQUIRED BY A GRANDFATHERED LARGE
5 EMPLOYER HEALTH BENEFIT PLAN.".
6
7 Page 8, line 18, strike "sharing. (1) IF" and substitute "sharing - rules
8 - definition. (1) FOR HEALTH BENEFIT PLANS ISSUED OR RENEWED ON OR
9 AFTER JANUARY 1, 2025, IF".
10
11 Page 9, after line 2 insert:
12
13 "(3) THE COMMISSIONER MAY PROMULGATE RULES TO IMPLEMENT
14 THIS SECTION.
15 (4) AS USED IN THIS SECTION, "TREATMENT" MEANS MEDICALLY
16 NECESSARY CARE FOR THE MANAGEMENT OF THE EXISTING SEXUALLY
17 TRANSMITTED INFECTION.".
18
19 Page 9, line 4, strike "IF" and substitute "FOR HEALTH BENEFIT PLANS
20 ISSUED OR RENEWED ON OR AFTER JANUARY 1, 2025, IF".
21
22 Amendment No. 3, by Representative Garcia:
23
24 Amend reengrossed bill, page 3, strike line 10 and substitute "(18)(a)(I)
25 introductory portion, (18)(b) introductory portion, (18)(b)(X), (18)(c)
26 introductory portion, and (18)(e)(I); and add".
27
28 Page 3, line 11, strike "(18)(b.3)" and substitute "(18)(b.3), (18)(c)(III.6),
29 (18)(f),".
30
31 Page 3, strike lines 18 and 19 and substitute "preventive health-care
32 services for the following COVERAGE FOR THE FOLLOWING PREVENTIVE
33 HEALTH-CARE SERVICES, in accordance with the A or B recommendations
34 of the task force, for the particular preventive health-care service
35 RECOMMENDATIONS ESTABLISHED BY THE ACIP, OR PREVENTIVE CARE
36 AND SCREENING AS PROVIDED FOR IN THE COMPREHENSIVE GUIDELINES,
37 AS APPLICABLE:".
38
39 Page 4, strike line 1.
40
41 Page 4, strike lines 6 through 12 and substitute "GUIDELINES.".
42
43 Page 4, after line 23 insert:
44
45 "(c) For purposes of AS USED IN this subsection (18):
46 (III.6) "COMPREHENSIVE GUIDELINES" MEANS THE FOLLOWING
47 COMPREHENSIVE GUIDELINES SUPPORTED BY THE HEALTH RESOURCES AND
48 SERVICES ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF
49 HEALTH AND HUMAN SERVICES:
50 (A) PREVENTIVE CARE AND SCREENING FOR WOMEN; AND
51 (B) EVIDENCE-INFORMED PREVENTIVE CARE AND SCREENING FOR
52 INFANTS, CHILDREN, AND ADOLESCENTS.".
53
54 Page 5, after line 4 insert:
55
56
1 "(f) THE COMMISSIONER MAY PROMULGATE RULES AS NECESSARY
2 TO IMPLEMENT THIS SUBSECTION (18).".
3
4 Upon request of Representative Bottoms, the bill was partially read at
5 length.
6
7 As amended, ordered revised and placed on the Calendar for Third
8 Reading and Final Passage.