2019 Legislation Tracker

Bill Number

Title

Bill Summary

Sponsors

Issues

Status

HB19-1001

Hospital Transparency

Measures to Analyze Efficacy

HCAC Position:

SUPPORT

Concerning Hospital Transparency Measures Required to Analyze the Efficacy of Hospital Delivery System Reform Incentive Payments

The bill requires the department of health care policy and financing, in consultation with the Colorado healthcare affordability and sustainability enterprise board, to develop and prepare an annual report detailing uncompensated hospital costs and the different categories of expenditures made by hospitals in the state.  In compiling the hospital expenditure report, the department shall use publicly available data sources whenever possible.  Each hospital in the state is required to make available to the department certain information, including: (1) Hospital cost reports to the federal centers for Medicare and Medicaid services; (2) Annual audited financial statements; (3) The total amount of unreimbursed care; (4) The gross patient service revenue; (5) Any property, plant, equipment, and accumulated depreciation; (6) All operating expenses; (7) Staffing information: (8)  The total number of available beds and licensed beds; (9) The total number of inpatient surgeries; (10) The total number of births and newborn patient days; (11) The total number of admissions from the emergency department; and (12) Other gross charges categorized by primary care provider.  The hospital expenditure report must include, but not limited to: (1) A description of the methods of analysis and definitions of report components by payer group; (2) Uncompensated care costs by payer group; (3) The percentage that different categories of expenses contribute to overall expenses of hospitals.  The department is required to submit the hospital expenditure report to the governor, specified committees of the general assembly, and the medical services board in the department.  The department is also directed to post the hospital expenditure report on the department’s website.

House: 

C. Kennedy (D)

Senate:

D. Moreno (D)

B. Rankin (R)

Transparency

Cost

3/28

Governor Signed

HB19-1004

Proposal for Affordable Health Coverage Option

HCAC Position:

SUPPORT

Concerning A Proposal for Implementing A Competitive State Option for More Affordable Health Care Coverage in Colorado, And, In Conjunction Therewith, Requesting Authorization to Use Existing Federal Money for The Proposed State Option and Taking Other Actions Toward the Implementation of The State Option.

This bill requires the department of healthcare policy and financing and the division of insurance in the department of regulatory agencies to develop and submit a proposal to certain committees of the general assembly concerning the design, costs, benefits, and implementation of a state option for health care coverage.  Additionally, the departments shall present a summary of the proposal at the annual joint hearings with the legislative committees of reference during the interim before the 2020 legislative session.  The proposal must contain a detailed analysis of a state option and must identify the most effective implementation of a state option based on affordability to consumers at different income levels, administrative and financial burden to the state, ease of implementation, and likelihood of success in meeting the objectives described in the bill.  The proposal must also identify any necessary changes to state law to implement the proposal.  In developing the proposal, the departments shall engage in a stakeholder process that includes public and private health insurance experts. Consumers, consumer advocates, employers, providers, and carriers.  Further, the departments shall review any information relating to a pilot program operated by the state personnel director as a result of legislation that may be enacted during the 2019 legislative session.  The departments shall prepare and submit any necessary federal waivers or state plan amendments to implement the proposal, unless a bill is filed within the 2020 filing deadlines for the 2020 legislative session that substantially alters the federal authorization for the proposal and the bill is not postponed indefinitely in the first committee.

House: 

D. Roberts (D)

M. Catlin (R)

Senate:

K. Donovan (D)

Access

Affordability

Competition

Introduced 1/04

Health & Insurance

Heard 1/23 & Referred Amended to Appropriations

Amended to add:  Evaluate the impact on consumers eligible for financial assistance for plans purchased on the exchange.

Introduced in Senate 3/7 & assigned to Health & Human Services

3/13 H & HS

Referred Unamended to Appropriations

HB19-1010

Freestanding

Emergency

Departments

Licensure

HCAC Position:

SUPPORT

Concerning the Licensing of Freestanding Emergency Departments

The bill creates a new license, referred to as a “freestanding emergency department license,” for the department of public health and environment to issue on or after July 1, 2011, to a health facility that offers emergency care, that may offer primary and urgent care services and that is either: (1) Owned or operated by, or affiliated with, a hospital or hospital system and located more than 250 yards from the main campus of the hospital; or (2) Independent from and not operated by or affiliated with a hospital or hospital system and not attached to or situated within 250 yards of, or contained within, a hospital.  A facility licensed as a community clinic before July 1, 2010, and that serves a rural community or ski area is excluded from the definition of “freestanding emergency department.”  The bill allows the department to waive the licensure requirements for a facility that is licensed as a community clinic or that is seeking community clinic licensure and serves an underserved population in the state.  The state board of health is to adopt rules regarding the new license, including rules to set licensure requirements and fees and safety and care standards.

House: 

K. Mullica (D)

L. Landgraf (R)

Senate:

B. Gardner (R)

Access

Cost

Transparency

Introduced 1/04

Passed 3^rd Reading in the House on 2/15

Introduced in the Senate 2/19 & assigned to Health & Human Services

3/21 Senate Committee on Finance Refer Unamended to Appropriations

SB19-001

Expand Medication-assisted Treatment Pilot Program

HCAC Position:

SUPPORT

Concerning the Expansion of The Medication-Assisted Treatment Pilot Program, And, In Connection Therewith, Shifting Administration of The Program from The College of Nursing to The Center for Research into Substance Use Disorder Prevention, Treatment, And Recovery Support Strategies; Expanding the Counties That May Participate in The Program; Extending the Duration of The Program

In 2017, the general assembly enacted Senate Bill 17-074, which created a 2-year medication-assisted treatment (MAT) expansion pilot program, administered by the university of Colorado college of nursing, to expand access to medication-assisted treatment to opioid-dependent patients in Pueblo and Routt counties.  The 2017 act directs the general assembly to appropriate $500,000 per year for the 2017-18 and 2018-19 fiscal years from the marijuana tax cash fund to the university of Colorado board of regents, for allocation to the college of nursing to implement the pilot program.  The pilot program repeals on June 30, 2020.  The bill: (1) Expands the pilot program to the counties in the San Luis valley and 2 additional counties in which a need is demonstrated; (2)  Shifts responsibility to administer the pilot program from the college of nursing to the center for research into substance use disorder prevention, treatment, and recovery support strategies; (3) Adds representatives from the San Luis valley and any other counties selected to participate in the pilot program to the advisory board that assists in administering the program; (4) Increases the annual appropriation for the pilot program to $5 million for the 2019-20 and 2020-21 fiscal years; and (5) Extends the program for an additional 2 years.

Senate:

L. Garcia (D)

House:

None

Access

Introduced 1/04

3/14 Passed third reading in the Senate

3/14 House assigned to Public Health Care & Human Services

3/22 Refer Unamended to Approproations

SB19-004

Address High-cost Health Insurance Pilot Program

HCAC Position:

SUPPORT

Concerning Measures to Address the High Costs of Health Insurance in The State, And, In Connection Therewith, Authorizing the State Personnel Director to Implement A Pilot Program to Allow Residents of a Specified Region to Participate in State Employee Benefit Plans and Modifying the Health Care Coverage Cooperatives Laws to Include Consumer Protections and Allow Consumers to Collectively Negotiate Rates Directly with Providers.

Sections 1 and 2 of the bill authorize the state personnel director to explore the feasibility of offering, and if feasible, to develop and implement a one-year pilot program in a limited geographic region of the state affected by high health insurance premiums to provide access to individuals in that region to participate in the group medical benefit plans offered to state employees.  The pilot program would be available: (1) In the portions of Eagle and Garfield counties that are within the service areas of the state group benefit plans; (2) To a limited number of individuals whose household income is more than 400% but not more than 500% of the federal poverty line; and (3) In the 2019-20 benefit year.  Section 2 outlines factors for the state personnel director to consider in determining the feasibility of the pilot program.  Sections 3 through 15 modernize laws authorizing health care cooperatives in the state to incorporate consumer protections such as coverage for preexisting conditions and to encourage consumers to help control health care costs by negotiating rates on a collective basis directly with providers.

Senate:

K. Donovan (D)

House:

D.  Roberts (D)

Access

Affordability

Introduced

1/04

Amended in Senate and passed third reading on 4/03

4/03 Introduced in the House and Assigned to Rural Affairs & Agriculture

SB19-005

Import

Prescription

Drugs from

Canada

HCAC Position:

SUPPORT

Concerning Wholesale Importation of Prescription Pharmaceutical Products from Canada For Resale to Colorado Residents

This bill creates the “Colorado Wholesale Importation of Prescription Drugs Act,” under which the department of health care policy and financing shall design a program to import prescription pharmaceutical products from Canada for sale to Colorado consumers.  The program design must insure both drug safety and cost savings for Colorado consumers.  The department shall submit the program design to the secretary of the United States department of health and human services and request the secretary’s approval of the program, as required by federal law, to import Canadian pharmaceutical products.  If the secretary approves the program, the department shall implement the program.  The department shall adopt a funding mechanism to cover the program’s administrative costs, and the department shall annually report on the program to the general assembly.

Senate: 

R. Rodriguez (D)

J. Ginal (D)

House:

S. Jaquez Lewis (D)

Cost

Introduced

1/04

3/25 Passed third reading in Senate

3/25 Introduced in House Assigned to Health & Insurance

Scheduled 4/17 @ 1:30pm  HCR 0107

SB19-015

“Create

 Health

Committee”

HCAC Position:

Monitor

Concerning the Creation of The Statewide Health Care Review Committee to Study Health Care Issues That Affect Colorado Residents Throughout the State

This bill recreates the former health care task force, renamed as the statewide health care review committee, to study health care issues that affect Colorado

Residents throughout the state.  The committee consists of the members of the house of representative’s committees on health and insurance and public health care and human services and the senate committee on health and human services.  The committee is permitted to meet up to 2 times during the interim between legislative sessions, including 2 field trips.

Senate: 

J. Ginal (D)

House: 

S. Beckman (R)

Study Issues

Introduced 1/04

Health & Human Services

Heard 1/17 &

Referred to Appropriations

Referred to Committee of the Whole

SB19-041

Notification of Change in

Covered Individual

HCAC Position:

Monitor

Concerning A Required Contract Provision Regarding the Payment of Premiums by A Policyholder to A Health Insurance Carrier for Each Individual Covered Under A Health Insurance Policy

Current law requires a contract between a health insurance carrier and a policyholder to pay premiums for each individual covered under the policy through the date that the policyholder notifies the carrier that an individual covered under the policy is no longer covered.  The bill requires the contract to state that, in the alternative, the policyholder is required to pay premiums to the carrier through the date that the individual covered under the policy is no longer eligible or covered if the policyholder notifies the carrier within 10 business days after the date of ineligibility or noncoverage.

Senate: 

J. Smallwood (R)

F. Winter (D)

House:

T. Kraft-Tharp (D)

Commercial Insurance

3/29  Sent to Governor

HB19-1131

Prescription Drug Cost Education

HCAC Position:

SUPPORT

Concerning A Requirement To Share The Wholesale Acquisition Cost Of a drug When Sharing Information Concerning The Drug With Another Party

This bill requires a drug manufacturer or wholesaler, or an agent or an employee of the manufacturer or wholesaler, to provide, in writing, the wholesale acquisition cost of a prescription drug to an entity or individual with whom the manufacturer, wholesaler, agent, or employee is sharing information concerning the drug.  The bill also requires the drug manufacturer or wholesaler, or an agent or employee of the manufacturer or wholesaler, to provide educational materials about the acquisition costs of other prescription drugs in the same therapeutic class.

House:

S. Jaquez Lewis (D)

Senate:

F. Winter (D)

Cost

Transparency

Introduced 1/25

3/04 Passed third reading in the House

3/29 Senate amended and passed on third reading

4/01 House did not concur on amendments & requested Conference Committee

HB19-1168

State Innovation Waiver Reinsurance Program

HCAC Position:

Monitor pending Updated Fiscal Note

Concerning The Creation Of The Colorado Reinsurance Program To Provide Reinsurance Payments To Health Insurers To Aid In Paying High-Cost Insurance Claims, And, In Connection Therewith, Authorizing The Commissioner of Insurance To Seek Approval From The Federal Government To Waive Applicable Federal Requirements, Request Federal Funds, Or Both, To Enable The State To Implement The Program And Making The Program Contingent Upon Waiver or Funding Approval.

The bill authorizes the commissioner of insurance to apply to the secretary of the United States department of health & human services for a state innovation waiver, for federal funding, or both, to allow the state to implement and operate a reinsurance program to assist health insurers in paying high-cost insurance claims.  The state cannot implement the program absent waiver or funding approval from the secretary.  The program is established as an enterprise for purposes of section 20 of article X of the state constitution.  The division of insurance is to include an update regarding the program in its annual “SMART Act” report, and the program is subject to sunset review and repeal in 5 years.

House:

J.McCluskie (D)

J. Rich (R)

Senate:

K. Donovan (D)

B. Rankin (R)

Cost

Introduced 2/1

Health & Insurance

Scheduled 2/27 @ 1:30pm

Amended and referred to appropriations

4/05 Passed second reading in house with amendments

HB19-1174

Out-of-network

Health Care Services

HCAC Position:

SUPPORT

Concerning Out-Of-Network Health Care Services Provided to Covered Persons

The bill requires health insurance carriers, health care providers, and health care facilities to provide patients covered by health benefit plans with information concerning the provision of services by out-of-network providers and in-network and out-of-network facilities; outlines the disclosure requirements and the claims and payment process for the provision of out-of-network services; requires the commissioner of insurance, the state board of health, and the director of the division of professions and occupations in the department of regulatory agencies to promulgate rules that specify the requirements for disclosures to consumers, including the timing, the format,  and the content and language in the disclosures; establishes the reimbursement amount for out-of- network providers that provide health care services to covered persons at an in-network facility and for out-of-network providers that provide emergency services to covered persons; and creates a penalty to comply with the payment requirements for out-of-network health care services.

House:

D. Esgar (D)

M. Catlin (R)

Senate:

B. Gardner (R)

B. Pettersen (D)

Cost

Charges

Transparency

Introduced 2/7

Health & Insurance

3/22 Passed third reading in the House

3/27 Introduced in Senate & Assigned to Judiciary

HB19-1176

Health Care Cost Savings Act of 2019

HCAC Position:

SUPPORT

Concerning The Enactment Of The “Health Care Cost Savings Act Of 2019” That Creates A Task Force To Analyze Health Care Financing Systems In Order To Give The General Assembly Findings Regarding The Systems’ Costs Of Providing Adequate Health Care To Residents Of The State.

The bill creates the health care cost analysis task force (task force).  The president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint 2 legislative members to the task force.  The governor shall appoint 9 members of the task force.  The executive directors of the departments of human services, public health and environment, and health care policy and financing, or their designees, also serve on the task force.  The task force is required to issue a request for proposals and select an analyst to complete a health care cost analysis of 4 health care financing systems.  The health care financing systems to be analyzed are:  (1) The current health care financing system, in which residents receive health care coverage from private and public insurance carriers or are uninsured; (2)  A public option in which health benefit plans are sold through, and revenues and premiums are received from, the Colorado health benefit exchange,  with additional funding as necessary through the general fund; (3) A multi-payer health care financing system, in which competing insurance carriers or health maintenance organizations receive payments from a public financing authority; and (4) A publicly financed and privately delivered universal health care system that directly compensates providers.  The analyst is required to use the same specified criteria when conducting the analysis of each health care financing system.  The task force is required to report the findings of the analyst to the general assembly.  The task force may seek, accept, and expend gifts, grants, and donations for the analysis.  The general assembly may appropriate money to the health care cost analysis fund for the purposes of the task force, the analysis, and reporting requirements.

House:

E. Sirota (D)

S. Jacquez Lewis (D)

Senate:

M. Foote (D)

Cost

Introduced 2/12

Health & Insurance

Scheduled March 12 on adjournment

HCR 0107

Rescheduled tentatively for March 20 @ 1:30pm

HCR 0107

3/27 House Committee on Health Refer Amended to Appropriations

HB19-1145

Primary Residence Exempt Liens

For Medical Debt

HCAC Position:

SUPPORT

Concerning An Exemption For A Judgment Debtor’s Primary Residence From A Lien Arising From A Judgment For Medical Debt.

The bill exempts a person’s primary residence from attachment or execution of a lien as the result of a judgment for medical debt.  A person recording a transcript of judgment must record an affidavit with the transcript stating that the signer is an authorized agent of the judgment creditor and whether the judgment is for medical debt.  A judgment debtor may record an affidavit with the county stating the debtor’s name, a description of the debtor’s interest in the property, and that the property is the debtor’s primary residence.  A primary residence is defined as a person’s dwelling place and includes the dwelling, the lot or lots on which the dwelling is situated, including a farm of any number of acres, and any appurtenances.  The bill takes effect on January 1, 2020 and applies to judgments entered on or after that date.

House:

K. Tipper (D)

S. Jaquez Lewis (D)

Senate:

None

Consumer

Protection

Introduced 1/29

House Finance

Scheduled 3/11

3/11 Postponed Indefinitely

SB19-134

Out-of-network

Health Care Disclosures And Charges

HCAC Position:

SUPPORT

Concerning The Provision Of Out-Of-Network Health Care Services

The bill:  (1) Sets the reimbursement rate that a health insurance carrier must pay a health care facility if a covered person is treated for emergency services; (2) Requires in-network health care facilities and health care providers to make disclosures covered by a health benefit plan concerning the provision of services by an out-of-network provider; (3) Outlines the claims and payment process, including reimbursement rates for the provision of out-of-network services for health care facilities and health care providers; and (4) Authorizes arbitration for the payment of health care claims that are in dispute if certain criteria are met.  The commissioner of insurance is required to submit a report annually to the general assembly concerning unanticipated out-of-network services.

Senate:

R. Fields (D)

J. Tate (R)

House:

M. Soper (R)

Costs

Charges

Transparency

Introduced 2/7

Health & Human Services

4/04 Heard in H & HS – laid over d/t strike below amendment