Amendments for SB20-212

Senate Journal, June 2
After consideration on the merits, the Committee recommends that SB20-212 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 7, line 2, after "INCLUDES" insert "SPEECH
THERAPY,".


Finance



Senate Journal, June 6
After consideration on the merits, the Committee recommends that SB20-212 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 2, after line 1, insert:

"SECTION 1. Legislative declaration. (1) The general
assembly finds that:
(a) On March 27, 2020, the federal government enacted the
"Coronavirus Aid, Relief, and Economic Security Act" ("CARES Act"),
Pub.L. 116-136, Stat. 281 (2020), pursuant to which Colorado received
approximately $1,674,000,000 from the federal coronavirus relief fund
to use for necessary expenditures incurred due to the current COVID-19
public health emergency;
(b) On May 18, 2020, the Colorado governor issued Executive
Order 2020 D 070, transferring $70,000,000 from the state "CARES
Act" fund to the state general fund for eligible expenditures;
(c) The expenditures in this bill are considered an allowable use
under the federal "CARES Act" and are necessary to respond to the
COVID-19 public health emergency; and
(d) The expenditures in this bill were not accounted for in the
Colorado state budget most recently approved as of March 27, 2020, and
all of the expenses will be incurred on or before December 30, 2020.
(2) The general assembly further finds and declares that:
(a) The expenditures in this bill will be used to protect the health
and safety of both caregivers and patients by ensuring that access to
telehealth services are available to all Coloradans;
(b) Due to the unanticipated effects of COVID-19, many patients
have been unable or unwilling to seek out care through in-person
settings;
(c) The need to access health care services is compounded by the
challenges associated with COVID-19, as Coloradans are experiencing
the negative effects the pandemic has on physical, mental, and emotional
health that will extend into future years; and
(d) Access to telehealth is vital to ensuring the continuity of
physical, mental, and behavioral health care for Coloradans during the
COVID-19 pandemic and responding to any future outbreaks of the
virus.".

Renumber succeeding sections accordingly.

Page 5, line 14, strike "definition." and substitute "definition - repeal.".

Page 6, line 3, after "(2.1)" insert "(a)".

Page 6, after line 6 insert:
"(b) (I) THE STATE DEPARTMENT SHALL NOT SEEK FEDERAL
REIMBURSEMENT FOR THE SERVICES PROVIDED PURSUANT TO SUBSECTION
(2.1)(a) OF THIS SECTION FROM JULY 1, 2020, THROUGH DECEMBER 30,
2020.
(II) THIS SUBSECTION (2.1)(b) IS REPEALED, EFFECTIVE JANUARY
1, 2021.".

Page 6, line 7, after "(a)" insert "(I)".

Page 6, line 14, strike "(b)" and substitute "(II)".

Page 6, line 21, strike "(c)" and substitute "(III)".

Page 6, after line 27 insert:
"(b) (I) THE STATE DEPARTMENT SHALL NOT SEEK FEDERAL
REIMBURSEMENT FOR THE SERVICES PROVIDED PURSUANT TO SUBSECTION
(2.5)(a) OF THIS SECTION FROM JULY 1, 2020, THROUGH DECEMBER 30,
2020.
(II) THIS SUBSECTION (2.5)(b) IS REPEALED, EFFECTIVE JANUARY
1, 2021.".

Page 7, line 1, after "(6)" insert "(a)".

Page 7, after line 4, insert:
"(b) (I) THE STATE DEPARTMENT SHALL NOT SEEK FEDERAL
REIMBURSEMENT FOR THE EXPANSION OF SERVICES LISTED IN
SUBSECTION (6)(a) OF THIS SECTION FROM JULY 1, 2020, THROUGH
DECEMBER 30, 2020.
(II) THIS SUBSECTION (6)(b) IS REPEALED, EFFECTIVE JANUARY 1,
2021.".

Page 7, after line 4 insert:

"SECTION 6. Appropriation. For the period from July 1, 2020,
through December 30, 2020, $5,068,381 is appropriated to the
department of health care policy and financing. This appropriation is
from the care subfund in the general fund. To implement this act, the
department may use this appropriation for telemedicine expansion
services.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "TELEHEALTH." and substitute "TELEHEALTH,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Appro-
priations


Senate Journal, June 8
SB20-212 by Senator(s) Winter and Tate, Crowder; also Representative(s) Lontine and Soper,
Landgraf, Will--Concerning reimbursement for health care services provided through
telehealth.

Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, June 2, page 644 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, June 6, pages 734-735 and placed in members' bill files.)

Amendment No. 3(L.002), by Senator Winter.

Amend printed bill, page 2, line 3, strike "(4)(c) and".

Page 3, strike lines 16 through 19.

Page 3, line 25, strike "technologies AND" and substitute "technologies,".

Page 3, line 26, after "TECHNOLOGIES," insert "AND
STORE-AND-FORWARD TRANSFERS,".


Amendment No. 4(L.003), by Senator Winter.

Amend printed bill, page 4, line 21, after "TELEHEALTH." add "ANY
RULES ADOPTED BY THE STATE BOARD PURSUANT TO THIS SUBSECTION
(1.5) SHALL BE IN CONFORMITY WITH APPLICABLE FEDERAL LAW AND
MUST TAKE INTO CONSIDERATION THE APPROPRIATENESS, SUITABILITY,
AND NECESSITY OF THE METHOD OF SUPERVISION PERMITTED.".


Amendment No. 5(L.004), by Senator Winter.

Amend printed bill, page 5, line 12, strike "and (6)" and substitute "(6),
and (7)".

Page 5, line 14, strike "- definition." and substitute "- definition -
repeal.".

Page 7, before line 1 insert:
"(6) (a) THE STATE DEPARTMENT SHALL POST TELEMEDICINE
UTILIZATION DATA TO THE STATE DEPARTMENT'S WEBSITE NO LATER
THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (6)
AND SHALL UPDATE THE DATA EVERY OTHER MONTH THROUGH STATE
FISCAL YEAR 2020-21.
(b) THIS SUBSECTION (6) IS REPEALED JULY 1, 2021.".

Renumber succeeding subsection accordingly.


Amendment No. 6(L.005), by Senator Winter.

Amend printed bill, page 2, line 10, before "TECHNOLOGIES" insert
"HIPAA-COMPLIANT".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

House Journal, June 10
45 SB20-212 be amended as follows, and as so amended, be referred to
46 the Committee on Appropriations with favorable
47 recommendation:
48
49 Amend reengrossed bill, page 6, line 23, before "TELEMEDICINE" insert
50 "ANY HEALTH CARE OR MENTAL HEALTH CARE SERVICE DELIVERED
51 THROUGH TELEMEDICINE MUST MEET THE SAME STANDARD OF CARE AS AN
52 IN-PERSON VISIT.".
53
54 Page 7, line 7, "strike "(a)".
55
1 Page 7, strike lines 11 through 16.
2
3 Page 7, line 17, strike "(I)".
4
5 Page 7, line 24, strike "(II)" and substitute "(b)".
6
7 Page 8, line 4, strike "(III)" and substitute "(c)".
8
9 Page 8, strike lines 11 through 16.
10
11 Page 8, line 21, strike "2020-21." and substitute "2021-22." After the
12 period insert "FOR STATE FISCAL YEARS 2020-21 AND 2021-22, THE STATE
13 DEPARTMENT SHALL COMPILE, SUMMARIZE, AND REPORT ON THE
14 UTILIZATION DATA TO THE PUBLIC THROUGH THE ANNUAL HEARING,
15 PURSUANT TO THE "STATE MEASUREMENT FOR ACCOUNTABLE,
2 16 RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", PART
17 OF ARTICLE 7 OF TITLE 2.".
18
19 Page 8, line 22, strike "2021." and substitute "2022."
20
21 Page 8, line 23, strike "(a)".
22
23 Page 8, strike line 27.
24
25 Page 9, strike lines 1 through 5.
26
27 Page 9, line 10, after "services." insert "This appropriation must not be
28 used for the state-share of medicaid services.".