H_HI_2020A 01/29/2020 01:32:43 PM Committee Summary

Representative Jaquez Lewis and Representative Mullica, bill sponsors, presented House Bill 20-1078 to the committee.  The bill establishes certain requirements concerning the rates paid by pharmacy benefit management (PBM) firms to pharmacies.  It applies to contracts between pharmacies and PBM firms in effect beginning January 1, 2021.  Specifically, the bill states that a PBM firm:



•   cannot reimburse a clean claim from a pharmacy any less than the firm reimburses any affiliate for the same services;

•   cannot reimburse a pharmacy less than four dollars for a reasonable dispensing fee;

•   must reimburse a clean claim using a methodology described in the bill; and

•   may not retroactively reduce payment on a clean claim submitted by a pharmacy.



Insurance carriers must annually audit contracted PBM firms for compliance.  Failure to do so is designated as an unfair method of competition and an unfair or deceptive act in the business of insurance.

Amendments L.005 and L.006 were distributed to committee members (Attachments A and B).

Representative Lontine proceeded with witness testimony on the bill.

Dr. Emily Zadvorny, Colorado Pharmacists Society, testified in support of the bill.  Gina Moore, Colorado Pharmacists Society and the University of Colorado School of Pharmacy, testified in support of the bill.  Dr. Zadvorny responded to committee questions.  Representative Jaquez Lewis responded to committee questions.

Patrick Boyle, Pharmaceutical Care Management Association, testified in opposition to the bill without amendments.  Mr. Boyle responded to committee questions.

Derek Burns, Rocky Mountain Cancer Centers, testified in support of the bill.  Sam Maya, representing himself, testified in support of the bill.  Jennifer Palazzolo, Flatirons Family Pharmacy, testified in support of the bill and distributed a handout to the committee (Attachment C).  Lucas Smith, Buena Vista Drug, testified in support of the bill and distributed a handout to the committee (Attachment D).  

Ms. Palazzolo and Mr. Burns responded to committee questions.

Kristin Holmes, Capitol Heights Pharmacy, testified in support of the bill.  Joshua Jones, representing himself, testified in support of the bill. C.J. Shovlin, WB Drug, testified in support of the bill.

Mr. Jones, Ms. Holmes, and Mr. Shovlin responded to committee questions.

Ky Davis, Rocky Ford Pharmacy, testified in support of the bill and distributed a handout to the committee (Attachment E).  Selena Owen, Gem Pharmacy and Rx Plus Independent Pharmacies, testified in support of the bill.  Julia Uhknovsky, Arvada Pharmacy, testified in support of the bill.  Nicholas Shortridge, representing himself, testified in support of the bill.  

Mr. Davis and Ms. Owen responded to committee questions.

Amendment L.007 was distributed to the committee (Attachment F).  Representatives Mullica and Jaquez Lewis described the amendment and responded to committee questions.

Representative Mullica explained amendment L.006 to the committee.

Representatives Mullica and Jaquez Lewis gave closing remarks on the bill.

Committee members commented on the bill.

Representative Lontine recessed the committee.

Representative Lontine called the meeting back to order.

Representative Michaelson Jenet and Representative Larson, bill sponsors, presented House Bill 20-1086 to the committee.  The bill requires that all applicable health plans provide coverage for the total cost of a 60 minute annual mental health examination.  The examination must be performed by a qualified mental health care provider.  Amendment L.001 was distributed to the committee (Attachment G).

Representatives Michaelson Jenet and Larson responded to committee questions about the bill.

Representative Michaelson Jenet read written testimony from Christopher Gessner into the record.  Representative Larson read additional written testimony into the record.

Representative Lontine proceeded with witness testimony on the bill.

Amanda Massey, Colorado Association of Health Plans, testified in a neutral position on the bill and requested the bill be amended.  Ms. Massey responded to committee questions.

Debbie Stafford, Aurora Mental Health Center and Colorado Behavioral Healthcare Council, testified in support of the bill.  Kaitlyn Elting, representing herself, testified in support of the bill.  Karen Wolf, Clayton Early Learning and Foster Source, testified in support of the bill.  Steven Haden, Envision You, testified in support of the bill.

Moe Keller, Mental Health Colorado, testified in support of the bill.  Bill Shenkin, Fit for Life, testified in support of the bill.  Jeanette Hensley, Colorado Senior Lobby, testified in support of the bill.  Rebecca Turner, representing herself, testified in support of the bill.  Kiki Kline, representing herself, testified in support of the bill.

Representative Michaelson Jenet explained amendment L.001 to the committee.

Representative Michaelson Jenet and Representative Larson provided concluding remarks about the bill.

Committee members commented on the bill.

Representative Will and Representative Buckner, bill sponsors, presented House Bill 20-1103 to the committee.  The bill modifies mandatory insurance coverage provisions for colorectal cancer screening.  It requires state regulated health insurance carriers to provide coverage for colorectal cancer screening in accordance with the American Cancer Society guidelines rather than those issued by the U.S. Preventing Services Task Force (USPSTF), and requires coverage for a follow-up colonoscopy if needed. 

Amendment L.002 was distributed to the committee (Attachment H).

Representative Lontine proceeded with witness testimony on the bill.

Andrea Dweyer, representing herself, testified in support of the bill.  Scott Wilson, Colorado Cancer Coalition, testified in support of the bill.  Dusty Laird, representing himself, testified in support of the bill.  R.J. Ours, American Cancer Society, testified in support of the bill.    

Mr. Laird, Ms. Dweyer, and Mr. Ours responded to committee questions.

Chaer Robert, Colorado Center on Law and Policy, testified in support of the bill.  Jason Hopfer, Colorado Association of Health Plans, responded to committee questions.

Representative Buckner explained amendment L.002 to the committee.

Representatives Will and Buckner provided closing remarks on the bill.

Committee members commented on the bill.