Amendments for SB20-215

Senate Journal, June 8
SB20-215 by Senator(s) Moreno and Donovan; also Representative(s) Kennedy and McCluskie--
Concerning measures to address the affordability of health insurance for Coloradans
purchasing coverage on the individual market, and, in connection therewith, establishing an
enterprise to administer a health insurance affordability fee assessed on certain health
insurers and a special assessment on hospitals to fund measures to reduce consumer costs
for individual health coverage plans.

Amendment No. 1(L.007), by Senator Moreno.

Amend printed bill, page 4, strike lines 21 and 22 and substitute
"INSURED AND UNINSURED STATUS;".

Page 4, after line 25 insert:

"(V) CREATING A HEALTHIER RISK POOL FOR ALL CARRIERS BY
ESTABLISHING A PATH FOR CONSISTENT COVERAGE FOR INDIVIDUALS;
AND".

Page 5, line 1, strike "INCREASING HOSPITAL REVENUES BY REDUCING"
and substitute "REDUCING".

Page 5, line 2, strike "AND".

Page 5, line 4, strike "PAYERS." and substitute "PAYERS; AND
(III) EXPANDING ACCESS TO HIGH-QUALITY, AFFORDABLE HEALTH
CARE FOR LOW-INCOME AND UNINSURED COLORADANS.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES
THAT, CONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2d 859 (COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT
WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION, AND THE HEALTH INSURANCE AFFORDABILITY FEES AND
SPECIAL ASSESSMENTS CHARGED AND COLLECTED BY THE HEALTH
INSURANCE AFFORDABILITY ENTERPRISE ARE FEES, NOT TAXES, BECAUSE
THE FEES AND ASSESSMENTS ARE IMPOSED FOR THE SPECIFIC PURPOSE OF
ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE
BUSINESS SERVICES SPECIFIED IN SECTION 10-16-1204 (1)(a) TO THE
CARRIERS AND HOSPITALS THAT PAY THE FEES AND ASSESSMENTS AND
ARE COLLECTED AT RATES THAT ARE REASONABLY CALCULATED BASED
ON THE BENEFITS RECEIVED BY THOSE CARRIERS AND HOSPITALS.".

Page 6, after line 14 insert:

"(a) IS A COLORADO RESIDENT;".

Reletter succeeding paragraphs accordingly.

Page 7, lines 24 and 25, strike "BETWEEN GROUP AND INDIVIDUAL
COVERAGE AND".

Page 7, line 27, strike the second "AND".

Page 7, after line 27 insert:

"(F) CREATING A HEALTHIER RISK POOL FOR ALL CARRIERS BY
ESTABLISHING A PATH FOR CONSISTENT COVERAGE FOR INDIVIDUALS;
AND".

Page 8, line 2, strike "INCREASING HOSPITAL REVENUES BY REDUCING"
and substitute "REDUCING".

Page 8, line 3, strike "AND".

Page 8, line 5, strike "PAYERS." and substitute "PAYERS; AND
(C) EXPANDING ACCESS TO HIGH-QUALITY, AFFORDABLE HEALTH
CARE FOR LOW-INCOME AND UNINSURED COLORADANS.".

Page 8, strike lines 15 through 17 and substitute:

"(II) THE".

Page 9, line 3, after "(e)" insert "(I)".

Page 9, line 4, strike "CONTRACTORS, CONSULTANTS, AND LEGAL
COUNSEL" and substitute "CONTRACTORS AND CONSULTANTS, INCLUDING
THE DIVISION,".

Page 9, line 6, strike "ENTERPRISE;" and substitute "ENTERPRISE,
WITHOUT REGARD TO THE "PROCUREMENT CODE", ARTICLES 101 TO 112
OF TITLE 24. THE ENTERPRISE SHALL ENCOURAGE DIVERSITY IN
APPLICATIONS FOR CONTRACTS AND SHALL GENERALLY AVOID USING
SINGLE-SOURCE BIDS.
(II) THE DIVISION SHALL PROVIDE OFFICE SPACE AND
ADMINISTRATIVE STAFF TO THE ENTERPRISE PURSUANT TO A CONTRACT
ENTERED INTO UNDER THIS SUBSECTION (2)(e).".

Page 9, after line 11 insert:

"(3) THE ENTERPRISE SHALL EXERCISE ITS POWERS AND PERFORM
ITS DUTIES AS IF THE SAME WERE TRANSFERRED TO THE DIVISION BY A
TYPE 2 TRANSFER, AS DEFINED IN SECTION 24-1-105.".

Page 10, line 13, strike "AND THE DIVISION".

Page 10, lines 16 and 17, strike "ENTERPRISE AND THE DIVISION," and
substitute "ENTERPRISE,".

Page 10, line 19, strike "AND DIVISION'S".

Page 12, line 1, strike "MEET THE STATE SHARE" and substitute "FUND
THE PAYMENT PARAMETERS".

Page 15, line 25, strike "AND".

Page 15, after line 25 insert:

"(d) THE REVENUE COLLECTED FROM REVENUE BONDS ISSUED
PURSUANT TO SECTION 10-16-1204 (1)(b)(II); AND".

Reletter succeeding paragraph accordingly.

Page 17, strike line 14 and substitute:

"(b) TO THE EXTENT POSSIBLE, THE GOVERNOR SHALL ATTEMPT
TO APPOINT BOARD MEMBERS WHO REFLECT THE DIVERSITY".

Page 21, line 13, strike "the" and substitute "the A".

Page 21, strike lines 14 and 15 and substitute "AN EXTENSION OF A STATE
INNOVATION WAIVER, or A federal funding request submitted by the".

Page 22, strike line 5 and substitute:

"(c) If the A state innovation waiver, AN EXTENSION OF A STATE
INNOVATION WAIVER,".

Page 22, line 6, strike "THE" and substitute "A".

Page 27, line 4, strike "(4)(a)(III)(C)" and substitute "(4)(a)(III)(B)".

Page 27, strike lines 6 and 7 and substitute "2023 THE AMOUNT OF
PREMIUM TAXES DEPOSITED IN THE HEALTH".

Page 27, line 16, strike "(4)(a)(III)(C)." and substitute "(4)(a)(III)(B).".


Amendment No. 2(L.009), by Senator Moreno.

Amend printed bill, page 17, strike lines 4 through 8 and substitute "ARE
INDIVIDUALS WHO LACK AFFORDABLE OFFERS OF COVERAGE FROM THEIR
EMPLOYERS OR OTHERWISE STRUGGLE TO AFFORD TO PURCHASE HEALTH
INSURANCE.".

Page 17, after line 16 insert:

"(c) THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE
BOARD BY OCTOBER 1, 2020.".

Page 18, strike line 6 and substitute "GOVERNOR.".


Amendment No. 3(L.012), by Senator Coram.

Amend printed bill, page 17, line 16, after "GEOGRAPHY." insert "THE
GOVERNOR SHALL APPOINT ONE MEMBER FROM EACH CONGRESSIONAL
DISTRICT IN THE STATE AND SHALL ENSURE AT LEAST ONE MEMBER
RESIDES ON THE EASTERN PLAINS AND ONE MEMBER RESIDES ON THE
WESTERN SLOPE.".


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

(For further action, see amendments to the report of the Committee of the Whole.)


Senate Journal, June 8
SB20-215 by Senator(s) Moreno and Donovan; also Representative(s) Kennedy and McCluskie--
Concerning measures to address the affordability of health insurance for Coloradans
purchasing coverage on the individual market, and, in connection therewith, establishing an
enterprise to administer a health insurance affordability fee assessed on certain health
insurers and a special assessment on hospitals to fund measures to reduce consumer costs
for individual health coverage plans.

Senator Rankin moved to amend the Report of the Committee of the Whole to show that
the following Rankin floor amendment, (L.006) to SB 20-215, did pass.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. In Colorado Revised Statutes, 10-16-1104, amend
(1)(f) and (1)(g) as follows:
10-16-1104. Commissioner powers and duties - rules - study
and report. (1) The commissioner has all powers necessary to
implement this part 11 and is specifically authorized to:
(f) Assess special fees against hospitals and if applicable, carriers
for the continuous operation of the reinsurance program, as provided in
section 10-16-1108;
(g) IN ACCORDANCE WITH SECTION 10-16-1109, apply for a state
innovation waiver OR AN EXTENSION OF A STATE INNOVATION WAIVER;
APPLY FOR federal funds; or APPLY FOR both in accordance with section
10-16-1109, A WAIVER OR EXTENSION OF A WAIVER AND FEDERAL FUNDS
for the implementation and operation of the reinsurance program;
SECTION 2. In Colorado Revised Statutes, 10-16-1105, amend
(1)(a), (1)(c), (1)(e)(I)(C), and (2)(b) introductory portion; and add
(2)(a.5) as follows:
10-16-1105. Reinsurance program - creation - enterprise
status - subject to waiver or funding approval - operation - payment
parameters - calculation of reinsurance payments - eligible carrier
requests - definition. (1) (a) There is hereby created in the division the
Colorado reinsurance program to provide reinsurance payments to
eligible carriers. Implementation and operation of the reinsurance
program is contingent upon approval of the A state innovation waiver, AN
EXTENSION OF A STATE INNOVATION WAIVER, or A federal funding request
submitted by the commissioner in accordance with section 10-16-1109.
(c) If the A state innovation waiver, AN EXTENSION OF A STATE
INNOVATION WAIVER, or A federal funding request submitted by the
commissioner pursuant to section 10-16-1109 is approved, the
commissioner shall implement and operate the reinsurance program in
accordance with this section.
(e) (I) On a quarterly basis during the applicable benefit year:
(C) If special fees are assessed against carriers pursuant to section
10-16-1108 (1)(b), Each carrier that is subject to the special fees
ASSESSED PURSUANT TO SECTION 10-16-1108 shall report to the
commissioner on its collected assessments in that benefit year.
(2) (a.5) TO THE GREATEST EXTENT POSSIBLE, THE COMMISSIONER
SHALL SET THE PAYMENT PARAMETERS FOR THE 2021 BENEFIT YEAR AT
AMOUNTS SUFFICIENT TO MAINTAIN THE TARGETED CLAIMS REDUCTIONS
ACHIEVED IN THE 2020 BENEFIT YEAR.
(b) For the 2021 2022 benefit year AND EACH BENEFIT YEAR
THEREAFTER, after a stakeholder process, the commissioner shall
establish and publish the payment parameters for that benefit year by
March 15 2020 OF THE IMMEDIATELY PRECEDING CALENDAR YEAR. In
setting the payment parameters under this subsection (2)(b), the
commissioner shall consider the following factors as they apply in each
geographic rating area in the state:
SECTION 3. In Colorado Revised Statutes, 10-16-1106, amend
(4) as follows:
10-16-1106. Accounting - reports - audits. (4) On or before
November 1, 2020, and on or before November 1 2021 OF EACH YEAR
THEREAFTER, the division shall include an update regarding the program
in its report to the members of the applicable committees of reference in
the senate and house of representatives as required by the "State
Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act", part 2 of article 7 of title 2.
SECTION 4. In Colorado Revised Statutes, 10-16-1107, amend
(1)(a)(II); and repeal (1)(a)(III) as follows:
10-16-1107. Funding for reinsurance program - sources -
permitted uses - reinsurance program cash fund - calculation of total
funding for program. (1) (a) There is hereby created in the state
treasury the reinsurance program cash fund, which consists of:
(II) Special fees assessed against hospitals and if applicable,
carriers as provided in section 10-16-1108;
(III) The following amounts transferred from the general fund to
the reinsurance program cash fund, but only if House Bill 19-1245 is
enacted at the first regular session of the seventy-second general
assembly and becomes law:
(A) Fifteen million dollars, transferred to the fund on June 30,
2020; and
(B) Forty million dollars, transferred to the fund on June 30,
2021;
SECTION 5. In Colorado Revised Statutes, 10-16-1108, amend
(1)(a)(I), (1)(b)(I), and (5); and add (1)(e) as follows:
10-16-1108. Special assessments against hospitals and carriers
- rules - enforcement. (1) (a) (I) For the 2020 and 2021 benefit years,
as applicable, The commissioner may assess special fees against hospitals
IN THE 2022 AND 2023 CALENDAR YEARS IN A TOTAL AMOUNT, FROM ALL
HOSPITALS SUBJECT TO THE FEES, OF TWENTY MILLION DOLLARS PER
YEAR, subject to the following:
(A) Fees assessed against hospitals must comply with and not
violate 42 CFR 433.68 and, in any year, must not exceed the lesser of
forty TWENTY million dollars or the maximum amount allowed under 42
CFR 433.68; and
(B) No hospital system shall be responsible for funding, on a
yearly basis, more than twenty-five percent of the total funding required
for the program; AND
(C) THE COMMISSIONER SHALL NOT COLLECT THE SPECIAL FEES
FOR THE 2022 CALENDAR YEAR BEFORE OCTOBER 1, 2022.
(b) (I) For any benefit year starting on or after January 1, 2020,
if, after carriers have filed and the commissioner has approved rates for
the benefit year, the federal government suspends the fee imposed
pursuant to section 9010 of the federal act for that benefit year STARTING
IN THE 2021 CALENDAR YEAR, the commissioner shall assess against
carriers a special fee of two and two-tenths percent ONE PERCENT of
premiums collected by carriers or a special fee in an amount equal to the
amount of the fee imposed by the federal government pursuant to section
9010 of the federal act if that fee amount is different than the amount
specified in this subsection (1)(b)(I), for the period that carriers collected
the fee imposed pursuant to section 9010 of the federal act ON HEALTH
BENEFIT PLANS ISSUED IN THE STATE.
(e) (I) NOTWITHSTANDING SUBSECTIONS (1)(a) AND (1)(b) OF THIS
SECTION, IF, AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1)(e), THE
UNITED STATES CONGRESS ENACTS AND THE PRESIDENT SIGNS FEDERAL
LEGISLATION ESTABLISHING OR THE SECRETARY OF THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES IMPLEMENTS A FEDERAL
REINSURANCE PROGRAM THAT PROVIDES FEDERAL FUNDING FOR THE
REINSURANCE PROGRAM OR OTHERWISE MAKES ADDITIONAL FEDERAL
FUNDS AVAILABLE FOR THE REINSURANCE PROGRAM IN EXCESS OF THE
AMOUNT RECEIVED AS FEDERAL PASS-THROUGH FUNDING PURSUANT TO
SECTION 10-16-1107 (1)(a)(I), THE COMMISSIONER SHALL NOT ASSESS
THE SPECIAL FEES AUTHORIZED IN SUBSECTIONS (1)(a) AND (1)(b) OF THIS
SECTION OR SHALL REDUCE THE AMOUNT OF SPECIAL FEES ASSESSED
PURSUANT TO THOSE SUBSECTIONS BASED ON THE AMOUNT OF FEDERAL
FUNDING IN EXCESS OF THE FEDERAL PASS-THROUGH FUNDING THAT WILL
BE AVAILABLE FOR THE REINSURANCE PROGRAM.
(II) IF THE REINSURANCE PROGRAM RECEIVES FEDERAL FUNDING
AS DESCRIBED IN THIS SUBSECTION (1)(e) TO MAKE REINSURANCE
PAYMENTS TO CARRIERS IN A GIVEN YEAR AFTER THE COMMISSIONER HAS
COLLECTED THE SPECIAL FEES FROM HOSPITALS AND CARRIERS PURSUANT
TO SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION FOR THAT YEAR, THE
COMMISSIONER SHALL RETURN TO THE HOSPITALS AND CARRIERS THE
SPECIAL FEES OR A PORTION OF THE SPECIAL FEES BASED ON THE AMOUNT
OF FEDERAL FUNDING RECEIVED FOR THAT YEAR.
(5) If a hospital or carrier if applicable, fails to pay a special fee
to the commissioner in accordance with the time periods established by
rule, the commissioner may use all powers conferred by the insurance
laws of this state to enforce payment of the special fees.
SECTION 6. In Colorado Revised Statutes, 10-16-1109, amend
(1)(a) as follows:
10-16-1109. State innovation waiver - federal funding -
Colorado reinsurance program. (1) (a) For purposes of implementing
and operating the reinsurance program as set forth in this part 11 for plan
years starting on or after January 1, 2020 2021, the commissioner may
apply to the secretary of the United States department of health and
human services for:
(I) A two-year state innovation waiver In accordance with section
1332 of the federal act, codified at 42 U.S.C. sec. 18052, and 45 CFR
155.1300:
(A) ONE OR MORE EXTENSIONS OF THE INITIAL TWO-YEAR STATE
INNOVATION WAIVER RECEIVED BEFORE THE EFFECTIVE DATE OF THIS
SUBSECTION (1)(a)(I), AS AMENDED, OR UP TO FIVE YEARS PER
EXTENSION; OR
(B) A NEW STATE INNOVATION WAIVER OF UP TO FIVE YEARS TO
FOLLOW THE INITIAL TWO-YEAR STATE INNOVATION WAIVER APPROVED
BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (1)(a)(I), AS AMENDED,
AND SUBSEQUENT EXTENSIONS OF ANY NEW STATE INNOVATION WAIVER
APPROVED BY THE SECRETARY;
(II) Federal funds for the reinsurance program; or
(III) A NEW OR EXTENDED state innovation waiver and federal
funds.
SECTION 7. In Colorado Revised Statutes, 10-16-1110, amend
(2) as follows:
10-16-1110. Repeal of part - notice to revisor of statutes.
(2) This part 11 is repealed, effective September 1, 2023 SEPTEMBER 1,
2025.
SECTION 8. In Colorado Revised Statutes, 10-3-209, amend
(4)(a)(III) as follows:
10-3-209. Tax on premiums collected - exemptions - penalties.
(4) (a) The division of insurance shall transmit all taxes, penalties, and
fines it collects under this section to the state treasurer for deposit in the
general fund; except that the state treasurer shall deposit amounts in the
specified cash funds as follows:
(III) (A) For the 2020-21 STATE FISCAL YEAR and 2021-22 EACH
state fiscal years YEAR THEREAFTER, in the reinsurance program cash
fund created in section 10-16-1107, an amount equal to the amount of
premium taxes collected pursuant to this section in the 2020 calendar
year OR ANY SUBSEQUENT CALENDAR YEAR that exceeds the amount of
premium taxes collected pursuant to this section in the 2019 calendar
year, SUBJECT TO SUBSECTION (4)(a)(III)(B) OF THIS SECTION.
(B) This subsection (4)(a)(III) is repealed, effective September 1,
2023 THE AMOUNT OF PREMIUM TAXES DEPOSITED IN THE REINSURANCE
PROGRAM CASH FUND PURSUANT TO THIS SUBSECTION (4)(a)(III) IN ANY
GIVEN YEAR SHALL NOT EXCEED TEN PERCENT OF THE AMOUNT OF
REVENUES RECEIVED OR COLLECTED BY THE REINSURANCE PROGRAM
PURSUANT TO SECTION 10-16-1107 (1)(a)(I) AND (1)(a)(II) IN THAT YEAR.
THE COMMISSIONER SHALL NOTIFY THE STATE TREASURER OF THE
MAXIMUM AMOUNT OF PREMIUM TAXES THAT MAY BE DEPOSITED IN THE
REINSURANCE PROGRAM CASH FUND TO COMPLY WITH THIS SUBSECTION
(4)(a)(III)(B)
SECTION 9. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".

Page 1, strike lines 104 through 108 and substitute "AUTHORIZING THE
COMMISSIONER OF INSURANCE TO IMPOSE A SPECIAL FEE ON HEALTH
INSURERS TO PROVIDE FUNDING FOR THE REINSURANCE PROGRAM
THAT OFFSETS THE COSTS HEALTH INSURERS WOULD OTHERWISE PAY
FOR COVERING CONSUMERS WITH HIGH MEDICAL COSTS AND ENABLES
HEALTH INSURERS TO REDUCE INSURANCE PREMIUMS IN THE
INDIVIDUAL MARKET.".


Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 16 NO 19 EXCUSED 0 ABSENT 0
Bridges N Gardner Y Marble Y Story N
Cooke Y Ginal N Moreno N Tate Y
Coram Y Gonzales N Pettersen N Todd N
Crowder Y Hansen N Priola Y Williams A. N
Danielson N Hill Y Rankin Y Winter N
Donovan N Hisey Y Rodriguez N Woodward Y
Fenberg N Holbert Y Scott Y Zenzinger N
Fields N Lee N Smallwood Y President N
Foote N Lundeen Y Sonnenberg Y


House Journal, June 12
27 Amendment No. 1, by Representative Kennedy.
28
29 Amend reengrossed bill, page 10, line 22, after "ONE" insert "AND
30 FIFTEEN HUNDREDTHS".
31
32 Page 10, line 24, strike "ONE-HALF" and substitute "ONE-TENTH".
33
34 Page 11, line 16, strike "THREE" and substitute "TWO AND ONE-HALF".
35
36 Page 12, line 27, strike "THREE" and substitute "TWO".
37
38 Page 13, line 10, strike "TEN" and substitute "ONE".
39
40 Page 13, line 11, strike "2021 TO CARRIERS TO" and substitute "2021, BUT
41 NOT MORE THAN ONE MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR
42 IMPLEMENTATION COSTS AND CONSUMER ENROLLMENT, OUTREACH, AND
43 EDUCATION ACTIVITIES REGARDING HEALTH CARE COVERAGE AS
44 DESCRIBED IN SUBSECTION (1)(b)(V) OF THIS SECTION; AND
45 (B) THE REMAINING BALANCE TO CARRIERS TO".
46
47 Page 13, lines 14, strike "CREDIT; AND" and substitute "CREDIT.".
48
49 Page 13, strike lines 15 through 18.
50
51 Page 13, line 22, strike "THREE" and substitute "TWO AND ONE-HALF".
52
53 Page 14, line 13, strike "THREE" and substitute "TWO AND ONE-HALF".
54
55 Page 14, line 15, strike "FIFTEEN" and substitute "TWENTY".
1 Page 17, line 19, strike "NINE" and substitute "ELEVEN".
2
3 Page 17, line 24, strike "SEVEN" and substitute "NINE".
4
5 Page 18, line 4, strike "TWO" and substitute "THREE".
6
7 Page 18, line 9, strike "OR" and substitute "AND".
8
9 Page 18, line 12, strike "AND".
10
11 Page 18, strike line 15 and substitute "EMPLOYEES; AND
12 (G) ONE MEMBER WHO REPRESENTS A RURAL, CRITICAL ACCESS,
13 OR INDEPENDENT HOSPITAL.".
14
15 Page 18, line 19, strike "THE GOVERNOR SHALL APPOINT ONE".
16
17 Page 18, strike line 20 and substitute "IN CONSIDERING GEOGRAPHIC
18 DIVERSITY, THE GOVERNOR SHALL".
19
20 Page 18, line 22, strike "SLOPE." and substitute "SLOPE AND, TO THE
21 EXTENT POSSIBLE, SHALL ATTEMPT TO APPOINT MEMBERS FROM EACH
22 CONGRESSIONAL DISTRICT IN THE STATE.".
23
24 Page 19, line 6, strike "ONE" and substitute "TWO".
25
26 Page 19, line 9, strike "(1)(a)(III)(B) AND (1)(a)(III)(E)" and substitute
27 "(1)(a)(III)(B), (1)(a)(III)(E), AND (1)(a)(III)(G)".
28
29 Page 21, after line 13 insert:
30
31 "10-16-1208. Limitation on authority - public option. NOTHING
32 IN THIS PART 12 AUTHORIZES THE ENTERPRISE, THE BOARD, OR THE
33 COMMISSIONER TO ESTABLISH, ADMINISTER, OPERATE, OR REQUIRE
34 PARTICIPATION BY CARRIERS OR HOSPITALS IN A STATE OR PUBLIC OPTION
35 HEALTH COVERAGE PLAN.".
36
37 Amendment No. 2, by Representative Kennedy.
38
39 Amend the Kennedy and McCluskie floor amendment (SB215_L.026),
40 page 1, strike lines 4 and 5.
41
42 Page 1 of the amendment, strike lines 15 through 17 and substitute:
43
44 "Page 13 of the bill, line 24, strike "NINETY" and substitute
45 "EIGHTY-EIGHT".
46
47 Page 14 of the bill, line 15, strike "FIFTEEN" and substitute "EIGHTEEN".
48
49 Page 14 of the bill, line 19, strike "SEVENTY-FIVE" and substitute
50 "SEVENTY-THREE".".
51
52 Page 1 of the amendment, strike line 20.
53
54 Page 1 of the amendment, strike line 22.
55
1 Page 1 of the amendment, line 23, strike "AND".
2
3 Page 1 of the amendment, strike line 25 and substitute "OR INDEPENDENT
4 HOSPITAL; AND
5 (H) ONE MEMBER WHO REPRESENTS A CONSUMER ADVOCACY
6 ORGANIZATION.".".
7
8 Page 2 of the amendment, strike line 7 and substitute:
9
10 "Page 19 of the bill, line 5, strike "AND (1)(a)(III)(F)" and substitute
11 "(1)(a)(III)(F), AND (1)(a)(III)(H)".".

House Journal, June 12
5 Amend reengrossed bill, page 21, before line 14 insert:
6
7 "10-16-1209. Repeal of part. THIS PART 12 IS REPEALED,
8 EFFECTIVE SEPTEMBER 1, 2023. BEFORE THE REPEAL, THIS PART 12 IS
9 SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
10 SECTION 2. In Colorado Revised Statutes, 24-34-104, add
11 (24)(a)(XIII) as follows:
12 24-34-104. General assembly review of regulatory agencies
13 and functions for repeal, continuation, or reestablishment - legislative
14 declaration - repeal. (24) (a) The following agencies, functions, or both,
15 are scheduled for repeal on September 1, 2023:
16 (XIII) THE HEALTH INSURANCE AFFORDABILITY ENTERPRISE,
17 CREATED PURSUANT TO PART 12 OF ARTICLE 16 OF TITLE 10.".
18
19 Renumber succeeding sections accordingly.
20
21 The amendment was declared lost by the following roll call vote:
22
23 YES 21 NO 39 EXCUSED 5 ABSENT
24 Arndt N Exum N Larson Y Singer N
25 Baisley Y Froelich N Liston Y Sirota N
26 Benavidez N Garnett N Lontine N Snyder N
27 Bird N Geitner Y McCluskie N Soper Y
28 Bockenfeld Y Gonzales-Gutierrez N McKean E Sullivan N
29 Buck Y Gray N McLachlan N Tipper N
30 Buckner N Herod N Melton N Titone N
31 Buentello E Holtorf Y Michaelson Jenet N Valdez A. N
32 Caraveo N Hooton N Mullica N Valdez D. N
33 Carver Y Humphrey Y Neville Y Van Winkle Y
34 Catlin Y Jackson E Pelton Y Weissman N
35 Champion Y Jaquez Lewis N Ransom Y Will Y
36 Coleman N Kennedy N Rich Y Williams D. Y
37 Cutter N Kipp N Roberts N Wilson Y
38 Duran N Kraft-Tharp N Saine Y Woodrow N
39 Esgar N Landgraf E Sandridge E Young N
40 Speaker N

House Journal, June 13
28 Amend revised bill, page 13, line 9, strike "SUBSECTION" and substitute
29 "SUBSECTIONS", and after "(2)(b)(I)" insert "AND (2)(b)(II)".
30
31 Page 14, line 25, strike "UP TO".
32
33 Page 14, line 27, after "YEAR" insert "OR THE AMOUNT REMAINING IN THE
34 FUND, WHICHEVER IS LESS,".
35
36 Page 18, line 6, strike "TWO" and substitute "THREE".
37
38 Page 18, line 14, strike "AND".
39
40 Page 18, strike line 17 and substitute "EMPLOYEES; AND".
41
42 Page 18, line 19, strike "HOSPITAL; AND" and substitute "HOSPITAL.".
43
44 Page 18, strike lines 20 and 21.
45
46 Page 19, lines 12 and 13, strike "(1)(a)(III)(F), AND (1)(a)(III)(H)" and
47 substitute "AND (1)(a)(III)(F)".
48
49 Page 19, line 13, strike "ONE" and substitute "TWO".
50
51 The amendment was declared passed by the following roll call vote:
52
53 YES 42 NO 23 EXCUSED 0 ABSENT
54 Arndt Y Exum Y Larson N Singer Y
55 Baisley N Froelich Y Liston N Sirota Y
1 Benavidez Y Garnett Y Lontine Y Snyder Y
2 Bird Y Geitner N McCluskie Y Soper N
3 Bockenfeld N Gonzales-Gutierrez Y McKean N Sullivan Y
4 Buck N Gray Y McLachlan Y Tipper Y
5 Buckner Y Herod Y Melton Y Titone Y
6 Buentello Y Holtorf N Michaelson Jenet Y Valdez A. Y
7 Caraveo Y Hooton Y Mullica Y Valdez D. Y
8 Carver N Humphrey N Neville N Van Winkle N
9 Catlin N Jackson Y Pelton N Weissman Y
10 Champion N Jaquez Lewis Y Ransom N Will N
11 Coleman Y Kennedy Y Rich N Williams D. N
12 Cutter Y Kipp Y Roberts Y Wilson Y
13 Duran Y Kraft-Tharp Y Saine N Woodrow Y
14 Esgar Y Landgraf N Sandridge N Young Y
15 Speaker Y
16
17 The question being "Shall the bill pass?".
18 A roll call vote was taken. As shown by the following recorded vote, a
19 majority of those elected to the House voted in the affirmative and the bill
20 was declared passed.
21
22 YES 40 NO 25 EXCUSED 0 ABSENT
23 Arndt Y Exum Y Larson N Singer Y
24 Baisley N Froelich Y Liston N Sirota Y
25 Benavidez Y Garnett Y Lontine Y Snyder Y
26 Bird Y Geitner N McCluskie Y Soper N
27 Bockenfeld N Gonzales-Gutierrez Y McKean N Sullivan Y
28 Buck N Gray Y McLachlan Y Tipper Y
29 Buckner Y Herod Y Melton Y Titone Y
30 Buentello Y Holtorf N Michaelson Jenet Y Valdez A. Y
31 Caraveo Y Hooton Y Mullica Y Valdez D. Y
32 Carver N Humphrey N Neville N Van Winkle N
33 Catlin N Jackson Y Pelton N Weissman Y
34 Champion N Jaquez Lewis Y Ransom N Will N
35 Coleman Y Kennedy Y Rich N Williams D. N
36 Cutter Y Kipp Y Roberts Y Wilson N
37 Duran Y Kraft-Tharp N Saine N Woodrow Y
38 Esgar Y Landgraf N Sandridge N Young Y
39 Speaker Y
40 Co-sponsor(s) added: Representative(s) Benavidez, Bird, Buckner, Buentello,
41 Caraveo, Coleman, Cutter, Duran, Esgar, Gonzales-Gutierrez, Gray, Herod,
42 Hooton, Jaquez Lewis, Kipp, Lontine, Melton, Michaelson Jenet, Mullica,
43 Roberts, Snyder, Valdez A., Valdez D., Weissman, Woodrow