Amendments for SB23-298
Senate Journal, April 28
After consideration on the merits, the Committee recommends that SB23-298 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, strike lines 2 through 4 and substitute:
"SECTION 1. In Colorado Revised Statutes, add part 9 to article 1 of
title 25.5 as follows:
PART 9
HOSPITAL COLLABORATION AGREEMENTS
25.5-1-901. Hospital collaborative agreements - reviews of".
Page 3, line 12, after "COSTS;" add "AND".
Page 3, strike lines 13 through 18.
Page 3, line 19, strike "(VI) IT" and substitute "(V) IN CASES WHERE BOTH THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AND THE ATTORNEY
GENERAL APPROVE COLLABORATIVE ARRANGEMENTS, IT".
Page 3, line 20, strike "UNNECESSARY" and substitute "CERTAIN".
Page 4, line 18, strike "AS A RESULT, MANY" and substitute "MANY".
Page 4, lines 27 and 28, strike "RURAL HEALTH-CARE LEADERS'".
Page 5, line 1, strike "THEY CONFRONT," and substitute "CONFRONTING RURAL
HEALTH CARE,"
Page 5, line 12, after "SERVICES;" add "AND".
Page 5, strike lines 22 through 28 and substitute "COMMUNITIES.".
Page 6, strike lines 1 and 2.
Page 8, line 20, strike "HOSPITAL-EMPLOYED STAFF." and substitute "HOSPITAL
STAFF, WHETHER EMPLOYED BY THE HOSPITAL, A STAFFING AGENCY, OR OTHER
EMPLOYER.".
Page 8, line 26, after "SUBMISSION" insert "AND REVIEW" and strike
"PROPOSALS." and substitute "PROPOSALS BY THE DEPARTMENT OF HEALTH
CARE POLICY AND FINANCING.".
Page 9, line 2, strike "IF" and substitute "WITHIN FIFTEEN DAYS AFTER RECEIPT
OF A PROPOSED COLLABORATIVE AGREEMENT AND THE RECEIPT OF ADDITIONAL
INFORMATION REQUESTED BY THE DEPARTMENT OF HEALTH CARE POLICY AND
FINANCING, IF".
Page 9, line 12, strike "SIXTY" and substitute "FORTY-FIVE" and strike
"PROPOSED".
Page 9, strike lines 13 and 14 and substitute "REFERRAL AND REVIEW FROM THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, THE ATTORNEY
GENERAL SHALL REVIEW THE".
Page 9, line 19, strike "REVIEW." and substitute "REVIEW FOLLOWING RECEIPT
OF THE REQUESTED INFORMATION.".
Page 9, strike lines 20 through 28 and substitute:
"(8) (a) A COLLABORATIVE AGREEMENT IS APPROVED IF:
(I) THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING
CONCLUDES THAT THE PROPOSED COLLABORATIVE AGREEMENT WILL RESULT IN
IMPROVED QUALITY, INCREASED ACCESS OR COST SAVINGS, OR OTHER
EFFICIENCIES THAT WILL IMPROVE OR EXPAND THE DELIVERY OF HEALTH-CARE
SERVICES IN RURAL AND FRONTIER COMMUNITIES IN COLORADO; AND
(II) THE ATTORNEY GENERAL CONCLUDES THAT THE BENEFITS
IDENTIFIED BY THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING ARE
OUTWEIGHED BY ANY COMPETITIVE CONCERNS IDENTIFIED BY THE ATTORNEY
GENERAL OR THE ATTORNEY GENERAL DOES NOT RESPOND WITHIN THE TIME
FRAMES SPECIFIED IN SUBSECTION (7) OF THIS SECTION.".
Page 10, strike line 1.
Page 10, after line 1 insert:
"(b) (I) EXCEPT AS PROVIDED IN SUBSECTION (8)(b)(III) OF THIS
SECTION, IF A PROPOSED COLLABORATIVE AGREEMENT IS DENIED, THE
HOSPITALS OR HOSPITAL AFFILIATES MAY REQUEST RECONSIDERATION BY
RESUBMITTING THE PROPOSED AGREEMENT TO THE ATTORNEY GENERAL WITHIN
THIRTY DAYS AFTER THE DENIAL ALONG WITH ADDITIONAL MATERIALS,
INFORMATION, OR OTHER EVIDENCE THAT WAS NOT PREVIOUSLY SUBMITTED
RELATING TO THE DETERMINATION OF THE BENEFITS OR ANTICOMPETITIVE
HARM ASSOCIATED WITH THE PROPOSED COLLABORATIVE AGREEMENT.
(II) THE ATTORNEY GENERAL HAS FORTY-FIVE DAYS FROM THE DATE OF
THE REQUEST TO RECONSIDER THE DENIAL AND MAY CONSULT WITH THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING OR THE DIVISION OF
INSURANCE IN THE DEPARTMENT OF REGULATORY AGENCIES AS PART OF THE
RECONSIDERATION. THE PROPOSED COLLABORATIVE AGREEMENT IS NOT
DEEMED APPROVED IF THE ATTORNEY GENERAL FAILS TO RESPOND WITHIN THE
FORTY-FIVE DAY RECONSIDERATION PERIOD.
(III) A REQUEST FOR RECONSIDERATION OF A PROPOSED
COLLABORATIVE AGREEMENT MAY BE MADE ONLY ONCE WITHIN THE THIRTY
DAY PERIOD FOLLOWING THE DENIAL OF THE PROPOSED COLLABORATIVE
AGREEMENT. THE ATTORNEY GENERAL'S DECISION ON A PROPOSED
COLLABORATIVE AGREEMENT THAT IS NOT SUBMITTED FOR RECONSIDERATION
WITHIN THIRTY DAYS OR THAT IS DENIED UPON RECONSIDERATION IS FINAL AND
NON-APPEALABLE.".
Page 10, line 2, strike "(b)" and substitute "(c)".
Page 10, strike lines 5 through 8 and substitute "AGREEMENT ARE CONSISTENT
WITH THIS SECTION.".
Page 10, before line 9 insert:
"SECTION 2. In Colorado Revised Statutes, add 25-3-304.5 as
follows:
25-3-304.5. Hospital collaborative agreements - additional powers.
IN ADDITION TO THE POWERS SPECIFIED IN SECTION 25-3-304, THE BOARD OF
TRUSTEES OF A COUNTY PUBLIC HOSPITAL MAY ENTER INTO A COLLABORATIVE
AGREEMENT WITH ANOTHER COUNTY PUBLIC HOSPITAL, HEALTH SERVICE
DISTRICT, OR HOSPITAL AFFILIATE IN ACCORDANCE WITH SECTION 25.5-1-901.".
Renumber succeeding sections accordingly.
Page 10, line 17, strike "25-3-304.5." and substitute "25.5-1-901.".
Strike "MAY" and substitute "WILL" on: Page 9, lines 3 and 4.
Health &
Human
Services
Senate Journal, May 1
After consideration on the merits, the Committee recommends that SB23-298 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 10, after line 17 insert:
"SECTION 3. Appropriation. (1) For the 2023-24 state fiscal year,
$30,260 is appropriated to the department of health care policy and financing
for use by the executive director's office. This appropriation is from the
healthcare affordability and sustainability fee cash fund created in section 25.5-
4-402.4 (5)(a), C.R.S. To implement this act, the office may use this
appropriation as follows:
(a) $26,385 for personal services, which amount is based on an
assumption that the office will require an additional 0.8 FTE; and
(b) $3,875 for operating expenses.
(2) For the 2023-24 state fiscal year, the general assembly anticipates
that the department of health care policy and financing will receive $30,259 in
federal funds to implement this act, which amount is subject to the "(I)"
notation as defined in the annual general appropriation act for the same fiscal
year. The appropriation in subsection (1) of this section is based on the
assumption that the department will receive this amount of federal funds to be
used as follows:
(a) $26,384 for personal services; and
(b) $3,875 for operating expenses.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "COLLABORATION." and substitute "COLLABORATION,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Senate Journal, May 1
SB23-298 by Senator(s) Gardner and Roberts; also Representative(s) McCormick and Bockenfeld--
Concerning allowing certain public hospitals to improve access to health care through
collaboration.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, April 28, page(s) 1200-1201 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 1, page(s) 1222 and placed in members' bill files.)
Amendment No. 3(L.007), by Senator Gardner and Roberts.
Amend Health and Human Services Committee Report, dated April 27,
2023, page 1, line 6, strike "reviews" and substitute "review".
Page 1 of the report, strike line 10 and substitute "THE STATE
DEPARTMENT, THE DIVISION OF INSURANCE, IF APPLICABLE, AND THE".
Page 2 of the report, strike lines 6 through 8 and substitute:
"Page 8 of the bill, strike lines 25 through 28 and substitute "THE STATE
DEPARTMENT AND TO THE DIVISION OF INSURANCE, IF THE PROPOSED
COLLABORATIVE AGREEMENT INCLUDES NEGOTIATING WITH HEALTH
INSURANCE PAYERS, AS DESCRIBED IN SUBSECTION (3)(g) OF THIS
SECTION, PURSUANT TO RULES THAT MAY BE PROMULGATED FOR THE
SUBMISSION AND REVIEW OF PROPOSALS BY THE STATE DEPARTMENT AND
BY THE DIVISION OF INSURANCE, IF APPLICABLE. THE STATE DEPARTMENT
AND THE DIVISION OF INSURANCE, IF APPLICABLE, MAY REQUEST
ADDITIONAL INFORMATION NECESSARY".".
Page 2 of the report, after line 8 insert:
"Page 9 of the bill, strike line 1 and substitute "TO REVIEW THE
PROPOSAL.".".
Page 2 of the report, line 11, strike "DEPARTMENT OF" and substitute
"STATE DEPARTMENT AND BY THE DIVISION OF INSURANCE, IF
APPLICABLE, IF".".
Page 2 of the report, strike line 12.
Page 2 of the report, strike line 16 and substitute "FROM THE STATE
DEPARTMENT AND THE DIVISION OF INSURANCE, IF APPLICABLE, THE".
Page 2 of the report, lines 22, strike "DEPARTMENT OF HEALTH CARE
POLICY AND FINANCING" and substitute "STATE DEPARTMENT AND THE
DIVISION OF INSURANCE, IF APPLICABLE".
Page 2 of the report, line 23, strike "CONCLUDES" and substitute
"CONCLUDE".
Page 2 of the report, line 29, strike "DEPARTMENT OF HEALTH CARE
POLICY AND FINANCING" and substitute "STATE DEPARTMENT AND BY THE
DIVISION OF INSURANCE, IF APPLICABLE,".
Page 2 of the report, line 31, strike the first "GENERAL" and substitute
"GENERAL,".
Page 3 of the report, line 14, strike "IN THE DEPARTMENT OF
REGULATORY AGENCIES".
Page 3 of the report, line 17, strike "FORTY-FIVE DAY" and substitute
"FORTY-FIVE-DAY".
Page 3 of the report, line 20, strike "THIRTY DAY" and substitute
"THIRTY-DAY".
Amend printed bill, page 5, lines 18 and 19, strike "DEPARTMENT OF
HEALTH CARE POLICY AND FINANCING" and substitute "STATE
DEPARTMENT, THE DIVISION OF INSURANCE, IF APPLICABLE,"
Page 6 of the bill, after line 10 insert:
"(c) "DIVISION OF INSURANCE" MEANS THE DIVISION OF
INSURANCE IN THE DEPARTMENT OF REGULATORY AGENCIES.".
Renumber succeeding paragraphs accordingly.
Page 6 of the bill, line 23, strike "(5) AND (6)" and substitute "(5), (6),
AND (7)".
Page 8 of the bill, line 7, strike "AUTHORIZED UNDER" and substitute
"DESCRIBED IN".
Page 8 of the bill, line 9, strike "SUCH".
Page 10 of the bill, line 2, strike "DEPARTMENT OF HEALTH CARE POLICY
AND FINANCING" and substitute "STATE DEPARTMENT, THE DIVISION OF
INSURANCE, IF APPLICABLE,".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
Senate Journal, May 2
SB23-298 by Senator(s) Gardner and Roberts; also Representative(s) McCormick and Bockenfeld--
Concerning allowing certain public hospitals to improve access to health care through
collaboration, and, in connection therewith, making an appropriation.
A majority of those elected to the Senate having voted in the affirmative, Senator Gardner
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.008), by Senator Roberts and Gardner.
Amend engrossed bill, page 8, line 27, strike "PAYERS," and substitute
"PAYERS".
Page 9, lines 10 and 11, strike "DEPARTMENT OF HEALTH CARE POLICY AND
FINANCING CONCLUDES" and substitute "STATE DEPARTMENT AND THE DIVISION
OF INSURANCE, IF APPLICABLE, CONCLUDE".
Page 9, line 14, strike "DEPARTMENT OF HEALTH CARE POLICY AND FINANCING"
and substitute "STATE DEPARTMENT AND THE DIVISION OF INSURANCE, IF
APPLICABLE,".
Page 10, line 26, strike "DEPARTMENT OF HEALTH CARE POLICY AND FINANCING
OR" and substitute "STATE DEPARTMENT AND".
The amendment was passed on the following roll call vote:
YES 33 NO 0 EXCUSED 2 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales Y Moreno Y Smallwood Y
Buckner E Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter Y Jaquez Y Pelton R. Y Will Y
Danielson Y Kirkmeyer Y Priola Y Winter F. Y
Exum Y Kolker Y Rich Y Zenzinger Y
Fields E Liston Y Roberts Y President Y
Gardner Y Lundeen Y Rodriguez Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 33 NO 0 EXCUSED 2 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales Y Moreno Y Smallwood Y
Buckner E Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter Y Jaquez Y Pelton R. Y Will Y
Danielson Y Kirkmeyer Y Priola Y Winter F. Y
Exum Y Kolker Y Rich Y Zenzinger Y
Fields E Liston Y Roberts Y President Y
Gardner Y Lundeen Y Rodriguez Y