Amendments for SB24-073
House Journal, March 20
12 SB24-073 be amended as follows, and as so amended, be referred to
13 the Committee of the Whole with favorable
14 recommendation:
15
16 Amend reengrossed bill, page 3, after line 21 insert:
17
18 "(d) (I) IF AN EMPLOYER WAS ISSUED A SMALL GROUP HEALTH
19 BENEFIT PLAN BEFORE JANUARY 1, 2026, AND EMPLOYS BETWEEN
20 FIFTY-ONE AND ONE HUNDRED EMPLOYEES, THE EMPLOYER MAY ELECT TO
21 KEEP THE SMALL GROUP HEALTH BENEFIT PLAN OFFERED BY THE CARRIER
22 FOR FIVE YEARS AFTER THE DATE OF THE ISSUANCE OF THE EMPLOYER'S
23 HEALTH BENEFIT PLAN OR ELECT TO ENTER THE LARGE GROUP HEALTH
24 BENEFIT MARKET AT THE EXPIRATION OF THE EMPLOYER'S EXISTING
25 HEALTH BENEFIT PLAN.
26 (II) AN EMPLOYER THAT WAS ISSUED A SMALL GROUP HEALTH
27 BENEFIT PLAN BEFORE JANUARY 1, 2026, AND EMPLOYS BETWEEN
28 FIFTY-ONE AND ONE HUNDRED EMPLOYEES MAY SWITCH BETWEEN SMALL
29 GROUP HEALTH BENEFIT PLANS BEING OFFERED BY THE CARRIER FOR FIVE
30 YEARS AFTER THE DATE OF THE ISSUANCE OF THE EMPLOYER'S HEALTH
31 BENEFIT PLAN.
32 (III) IF AN EMPLOYER THAT WAS ISSUED A SMALL GROUP HEALTH
33 BENEFIT PLAN BEFORE JANUARY 1, 2026, AND EMPLOYS BETWEEN
34 FIFTY-ONE AND ONE HUNDRED EMPLOYEES ELECTS TO ENTER THE LARGE
35 GROUP HEALTH BENEFIT MARKET AND NOT TO CONTINUE RECEIVING
36 COVERAGE UNDER A SMALL GROUP HEALTH BENEFIT PLAN BEFORE THE
37 EXPIRATION OF THE FIVE-YEAR PERIOD DESCRIBED IN SUBSECTION
38 (3.5)(d)(I), THE EMPLOYER MAY NOT SWITCH BACK TO RECEIVING SMALL
39 GROUP HEALTH BENEFIT COVERAGE WITHIN THE FIVE-YEAR PERIOD AND IS
102 40 CLASSIFIED AS A LARGE EMPLOYER, AS DEFINED IN SECTION 10-16-
41 (40.5).
42
43 (e) (I) ON OR BEFORE JULY 1, 2025, CARRIERS OFFERING SMALL
44 GROUP HEALTH BENEFIT PLANS SHALL SUBMIT TWO RATE FILINGS FOR
45 PLAN YEARS 2025 AND 2026 FOR SMALL GROUP HEALTH BENEFIT PLANS.
46 THE TWO RATE FILINGS MUST DEMONSTRATE THE IMPACT OF SENATE BILL
47 24-073, ENACTED IN 2024, ON PREMIUMS FOR SMALL GROUP HEALTH
48 BENEFIT PLANS FOR EMPLOYERS WITH FEWER THAN FIFTY-ONE
49 EMPLOYEES.
50 (II) THIS SUBSECTION (3.5), SECTION 10-16-102 (40.5) AND (61),
51 AND SECTION10-16-1401 (15), AS AMENDED BY SENATE BILL 24-073,
52 ENACTED IN 2024, WILL BE REPEALED IF THE RATE FILINGS SUBMITTED BY
53 CARRIERS PURSUANT TO SUBSECTION (3.5)(d)(I) OF THIS SECTION
54 DEMONSTRATE THAT THE PREMIUMS FOR THE MAJORITY OF INDIVIDUALS
55 COVERED BY SMALL GROUP HEALTH BENEFIT PLANS WOULD INCREASE BY
1 MORE THAN THREE PERCENT AFTER ACCOUNTING FOR TYPICAL MARKET
2 FLUCTUATIONS AND NORMAL PREMIUM TRENDS FOR SMALL GROUP HEALTH
3 BENEFIT PLANS.
4 (III) THE COMMISSIONER SHALL NOTIFY THE REVISOR OF STATUTES
5 IN WRITING OF THE DATE WHEN THE CONDITIONS SPECIFIED IN SUBSECTION
6 (3.5)(d)(II) OF THIS SECTION HAVE OCCURRED BY E-MAILING THE NOTICE
7 TO REVISOROFSTATUTES.GA@COLEG.GOV. THIS SUBSECTION (3.5),
8 SECTION 10-16-102 (40.5) AND (61), AND SECTION 10-16-1401 (15), AS
9 AMENDED BY SENATE BILL 24-073, ENACTED IN 2024, ARE REPEALED
10 UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE CONDITIONS
11 SPECIFIED IN SUBSECTION (3.5)(d)(II) OF THIS SECTION HAVE OCCURRED
12 OR, IF THE NOTICE DOES NOT SPECIFY THAT DATE, UPON THE DATE OF THE
13 NOTICE TO THE REVISOR OF STATUTES.".
14
15 Page 4, strike lines 4 through 12 and substitute:
16 "SECTION 4. Act subject to petition - effective date. This act
17 takes effect January 1, 2026; except that section 10-16-105.1 (3.5)(d),
18 Colorado Revised Statutes, as enacted in section 2 of this act, takes effect
19 upon passage; except that, if a referendum petition is filed pursuant to
20 section 1 (3) of article V of the state constitution against this act or an
21 item, section, or part of this act within the ninety-day period after final
22 adjournment of the general assembly, then the act, item, section, or part
23 will not take effect unless approved by the people at the general election
24 to be held in November 2024 and, in such case, will take effect January
25 1, 2026, or on the date of the official declaration of the vote thereon by
26 the governor, whichever is later.".
27
28
House Journal, April 2
1 Amendment No. 1, Health & Human Services Report, dated March 19,
2 2024, and placed in member's bill file; Report also printed in House
3 Journal, March 20, 2024.
4
5 Amendment No. 2, by Representative Titone:
6
7 Amend the Health and Human Services Committee Report, dated
8 March 19, 2024, page 1, strike line 5 and substitute "REMAIN IN THE
9 SMALL GROUP HEALTH BENEFIT MARKET".
10
11 Page 1, line 6, after "EMPLOYER'S" insert "EXISTING".
12
13 Page 1, line 10, after "(II)" insert "(A)".
14
15 Page 1, after line 15 insert:
16
17 "(B) AN EMPLOYER THAT SWITCHES BETWEEN SMALL GROUP
18 HEALTH BENEFIT PLANS OFFERED BY THE CARRIER MUST SWITCH TO A
19 SMALL GROUP HEALTH BENEFIT PLAN THAT IS ONE METAL LEVEL ABOVE OR
20 BELOW THE EMPLOYER'S EXISTING SMALL GROUP HEALTH BENEFIT PLAN.".
21
22 Amendment No. 3, by Representative Titone:
23
24 Amend the Health and Human Services Committee Report, dated March
25 19, 2024, page 1, line 22, strike "(3.5)(d)(I)," and substitute "(3.5)(d)(I)
26 OF THIS SECTION,".
27
28 Page 2, strike lines 1 through 3 and substitute:
29
30 "(e) (I) ON OR BEFORE JULY 1, 2025, CARRIERS OFFERING SMALL
31 GROUP HEALTH BENEFIT PLANS SHALL SUBMIT TO THE COMMISSIONER TWO
32 RATE FILINGS FOR PLAN YEAR 2026.".
33
34 Page 2, strike line 7 and substitute "ELIGIBLE EMPLOYEES.".
35
36 Page 2, line 11, strike "(3.5)(d)(I)" and substitute "(3.5)(e)(I)".
37
38 Page 2, lines 14 and 15, strike "TYPICAL MARKET FLUCTUATIONS AND".
39
40 Page 2, strike line 26 and substitute, "NOTICE TO THE REVISOR OF
41 STATUTES.
42 (IV) NOTWITHSTANDING SECTION 10-16-155, THE COMMISSIONER
43 SHALL UTILIZE RESOURCES ALLOCATED FOR ACTUARIAL REVIEW
44 PURSUANT TO SECTION 10-16-155 TO ANALYZE THE RATE FILINGS
45 SUBMITTED BY CARRIERS PURSUANT TO SUBSECTION (3.5)(e)(I) OF THIS
46 SECTION.
47 SECTION 3. In Colorado Revised Statutes, 10-16-155, amend
48 (9) as follows:
49 10-16-155. Actuarial reviews of proposed health-care
50 legislation - division to contract with third parties - required
51 considerations - confidentiality - limits on expenditures - rate filings
52 - repeal. (9) (a) Notwithstanding any other provision of this section to
53 the contrary, the division shall not engage any contractor to perform an
54 actuarial review as described in this section unless the division determines
55 that there are adequate resources available within existing appropriations
56 to compensate the contractor for the actuarial review.
1 (b) AFTER JULY 1, 2025, THE DIVISION SHALL USE RESOURCES
2 ALLOCATED FOR ACTUARIAL REVIEWS OF LEGISLATIVE PROPOSALS
3 PURSUANT TO THIS SECTION FOR THE REVIEW OF RATE FILINGS FILED WITH
4 THE COMMISSIONER PURSUANT TO SECTION 10-16-105.1 (3.5)(e).
5 (c) IN THE EVENT THAT THE DIVISION DETERMINES THERE ARE NOT
6 ADEQUATE RESOURCES AVAILABLE WITHIN EXISTING APPROPRIATIONS TO
7 COMPENSATE THE CONTRACTOR FOR AN ACTUARIAL REVIEW IN
8 ACCORDANCE WITH SUBSECTION (9)(a) OF THIS SECTION, THE DIVISION
9 SHALL PRIORITIZE RESOURCES TO ENSURE THAT AN ACTUARIAL REVIEW OF
10 THE RATE FILINGS SUBMITTED TO THE COMMISSIONER PURSUANT SECTION
11 10-16-105.1 (3.5)(e) OCCURS BEFORE DECEMBER 31, 2025.".
12
13 Renumber succeeding section accordingly.".
14
15 Page 2, strike lines 28 through 38 and substitute:
16
17 ""SECTION 5. Effective date. This act takes effect January 1,
18 2026; except that section 10-16-105.1 (3.5)(e), Colorado Revised
19 Statutes, as enacted in section 2 of this act, and sections 4 and 5 of this act
20 take effect upon passage.
21 SECTION 6. Safety clause. The general assembly finds,
22 determines, and declares that this act is necessary for the immediate
23 preservation of the public peace, health, or safety or for appropriations for
24 the support and maintenance of the departments of the state and state
25 institutions.".".
26
27 Strike "(3.5)(d)(II)" and substitute "(3.5)(e)(III)" on: Page 2, lines 19 and
28 24.
29
30 Amendment No. 4, by Representative Titone:
31
32 Amend the Titone floor amendment (SB073_L.005), page 2, line 8, strike
33 "sections 4 and 5" and substitute "sections 3, 5, and 6".
34
35 Page 2, line 15, strike ""(3.5)(e)(III)"" and substitute ""(3.5)(e)(II)"".
36
37 As amended, ordered revised and placed on the Calendar for Third
38 Reading and Final Passage.
39