Amendments for HB20-1160

House Journal, February 14
5 HB20-1160 be amended as follows, and as so amended, be referred to
6 the Committee on Finance with favorable
7 recommendation:
8
9 Amend printed bill, page 5, line 18, strike "NONPROFIT ORGANIZATION
10 THAT".
11
12 Page 5, strike line 19.
13
14 Page 5, line 20, strike "SECTION 10-16-1208,".
15
16 Page 19, strike lines 18 through 27.
17
18 Page 20, strike lines 1 through 24.
19
20 Renumber succeeding C.R.S. sections accordingly.
21
22 Page 20, lines 26 and 27, strike "EXCEPT AS PROVIDED IN SUBSECTION
23 (1)(b) OF THIS SECTION, THE" and substitute "THE".
24
25 Page 21, after line 5 insert:
26
27 "(III) THE FOLLOWING INFORMATION, TO THE EXTENT THE
28 INFORMATION IS IN THE PUBLIC DOMAIN OR PUBLICLY AVAILABLE:".
29
30 Page 21, line 6, strike "(III)" and substitute "(A)".
31
32 Page 21, strike lines 7 through 9 and substitute "TO SECTION 10-16-1206;
33 AND".
34
35 Page 21, line 10, strike "(IV)" and substitute "(B)".
36
37 Page 21, strike lines 12 through 27 and substitute "10-16-1207.".
38
39 Page 22, strike lines 1 through 6 and substitute:
40
41 "(b) EXCEPT AS PROVIDED IN SUBSECTION (1)(a) OF THIS SECTION,
42 THE INFORMATION THE COMMISSIONER RECEIVES IN ACCORDANCE WITH
43 SECTIONS 10-16-1206 AND 10-16-1207 IS NOT A PUBLIC RECORD
44 PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24, AND THE COMMISSIONER
45 SHALL NOT PUBLISH THE INFORMATION REPORTED PURSUANT TO THOSE
46 SECTIONS. HOWEVER, THE COMMISSIONER MAY:
47 (I) SHARE THE INFORMATION PUBLICLY IF THE INFORMATION IS
48 DE-IDENTIFIED AND AGGREGATED IN A MANNER TO PREVENT
49 IDENTIFICATION OF THE MANUFACTURER, HEALTH INSURER, OR PHARMACY
50 BENEFIT MANAGEMENT FIRM THAT PROVIDED THE INFORMATION; AND
51 (II) SHARE THE INFORMATION RECEIVED PURSUANT TO SECTIONS
52 10-16-1206 AND 10-16-1207 WITH A DISINTERESTED THIRD PARTY WITH
53 WHOM THE COMMISSIONER CONTRACTS TO PERFORM THE ANALYSIS
54 REQUIRED PURSUANT TO SUBSECTION (2) OF THIS SECTION AND WITH
55 OTHER STATE AGENCIES THAT ARE PURCHASERS UNDER SECTION
56 10-16-1203 (13)(a); EXCEPT THAT THE DISINTERESTED THIRD PARTY OR A
1 STATE AGENCY PURCHASER THAT RECEIVES INFORMATION FROM THE
2 COMMISSIONER PURSUANT TO THIS SUBSECTION (1)(b) SHALL NOT PUBLISH
3 OR OTHERWISE MAKE THE INFORMATION AVAILABLE TO THE PUBLIC
4 EXCEPT IN ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS SECTION.
5 (c) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, IF A
6 HEALTH INSURER, MANUFACTURER, OR PHARMACY BENEFIT MANAGEMENT
7 FIRM CLAIMS THAT INFORMATION CONTAINED IN A REPORT SUBMITTED TO
8 THE COMMISSIONER IS A TRADE SECRET, PRIVILEGED INFORMATION, OR
9 CONFIDENTIAL COMMERCIAL OR FINANCIAL DATA IN ACCORDANCE WITH
10 SECTION 24-72-204 (3)(a)(IV), THE COMMISSIONER SHALL NOT POST THE
11 INFORMATION ON THE DIVISION'S WEBSITE OR OTHERWISE MAKE THE
12 INFORMATION AVAILABLE TO THE PUBLIC; EXCEPT THAT THE
13 COMMISSIONER MAY SHARE THE INFORMATION WITH A DISINTERESTED
14 THIRD PARTY WITH WHOM THE COMMISSIONER CONTRACTS TO PERFORM
15 THE ANALYSIS PURSUANT TO SUBSECTION (2) OF THIS SECTION OR WITH
16 OTHER STATE AGENCIES THAT ARE PURCHASERS, AS DEFINED IN SECTION
17 10-16-1203 (13)(a), BUT THE DISINTERESTED THIRD PARTY OR A STATE
18 AGENCY PURCHASER THAT RECEIVES THE INFORMATION SHALL NOT
19 DISCLOSE THE INFORMATION TO THE PUBLIC. A PERSON DENIED ACCESS TO
20 THE INFORMATION MAY SEEK REVIEW IN ACCORDANCE WITH SECTION
21 24-72-204 (5).".
22
23 Page 22, strike lines 12 and 13 and substitute "PURSUANT TO SECTION
24 10-16-1207, THE HEALTH INSURER".
25
26 Page 23, strike lines 7 through 25 and substitute:
27
28 "(III) THE COMMISSIONER OR A DISINTERESTED THIRD PARTY WITH
29 WHOM THE COMMISSIONER CONTRACTS TO CONDUCT THE ANALYSIS SHALL
30 NOT INCLUDE ANY INFORMATION IN THE REPORT THAT A HEALTH INSURER,
31 MANUFACTURER, OR PHARMACY BENEFIT MANAGEMENT FIRM CLAIMED,
32 PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION, TO BE A TRADE SECRET,
33 PRIVILEGED INFORMATION, OR CONFIDENTIAL COMMERCIAL OR FINANCIAL
34 DATA IN ACCORDANCE WITH SECTION 24-72-204 (3)(a)(IV).
35 (IV) FOR PURPOSES OF INFORMATION REPORTED TO THE
36 COMMISSIONER PURSUANT TO SECTIONS 10-16-1206 AND 10-16-1207, THE
37 COMMISSIONER, OR A DISINTERESTED THIRD PARTY WITH WHOM THE
38 COMMISSIONER CONTRACTS, SHALL ONLY INCLUDE IN THE REPORT
39 INFORMATION THAT HAS BEEN DE-IDENTIFIED AND AGGREGATED IN A
40 MANNER TO PREVENT IDENTIFICATION OF THE MANUFACTURER, HEALTH
41 INSURER, OR PHARMACY BENEFIT MANAGEMENT FIRM OR THAT IS IN THE
42 PUBLIC DOMAIN OR PUBLICLY AVAILABLE.".
43
44 Page 25, line 15, after "MANUFACTURERS," insert "AND".
45
46 Page 25, lines 15 and 16, and strike "FIRMS, AND NONPROFIT
47 ORGANIZATIONS" and substitute "FIRMS".
48
49 Page 25, line 17, strike "10-16-1206, 10-16-1207, AND 10-16-1208;" and
50 substitute "10-16-1206, AND 10-16-1207;".
51
52 Page 25, line 27, strike "10-16-1209" and substitute "10-16-1208".
53
54 Strike "10-16-1210" and substitute "10-16-1209" on: Page 26, line 13;
55 and Page 27, line 24.
56
1 Page 1, line 105, after "MANUFACTURERS," insert "AND".
2
3 Page 1, line 106, strike "FIRMS, AND NONPROFIT ORGANIZATIONS" and
4 substitute "FIRMS".
5
6

House Journal, March 13
20 HB20-1160 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend printed bill, page 30, after line 8 insert:
25
26 "SECTION 7. Appropriation. (1) For the 2020-21 state fiscal
27 year, $273,119 is appropriated to the department of regulatory agencies.
28 This appropriation is from the division of insurance cash fund created in
29 section 10-1-103 (3), C.R.S. To implement this act, the department may
30 use this appropriation as follows:
31 (a) $189,288 for use by the division of insurance for personal
32 services, which amount is based on an assumption that the division will
33 require an additional 2.5 FTE;
33 (b) $21,975 for use by the division of insurance for 34 operating
35 expenses;
36 (c) $17,056 for the purchase of legal services; and
37 (d) $44,800 for the purchase of information technology services.
38 (2) For the 2020-21 state fiscal year, $17,056 is appropriated to
39 the department of law. This appropriation is from reappropriated funds
40 received from the department of regulatory agencies under subsection
41 (1)(c) of this section and is based on an assumption that the department
42 of law will require an additional 0.1 FTE. To implement this act, the
43 department of law may use this appropriation to provide legal services for
44 the department of regulatory agencies.
45 (3) For the 2020-21 state fiscal year, $44,800 is appropriated to
46 the office of the governor for use by the office of information technology.
47 This appropriation is from reappropriated funds received from the
48 department of regulatory agencies under subsection (1)(d) of this section.
49 To implement this act, the office may use this appropriation to provide
50 information technology services for the department of regulatory
51 agencies.".
52
53 Renumber succeeding sections accordingly.
54
55 Page 1, line 112, strike "AND".
1 Page 2, line 101, strike "DRUGS." and substitute "DRUGS; AND MAKING
2 AN APPROPRIATION.".
3
4