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h_phc_2016a_2016-04-05t13:38:43z4 Hearing Summary

Date: 04/05/2016



Final

BILL SUMMARY for HB16-1361



HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment J). The motion p

Adopt amendment L.003 (Attachment K). The motion p

Refer House Bill 16-1361, as amended, to the Commi
Pass Without Objection

PASS

PASS







04:39 PM -- HB 16-1361



Representative Primavera and Representative J. Becker, co-prime bill sponsors, presented House Bill 16-1361. The bill prohibits a health benefit plan or pharmacy benefit management firm that covers pharmaceutical services from:

      • limiting or restricting a covered person's ability to select a pharmacy or pharmacist of his or her choice if the pharmacy or pharmacist is licensed and has agreed to the terms of the contract with the health plan or pharmacy benefit provider;
      • imposing cost-sharing requirements on a covered person, a pharmacy, or a pharmacist as a result of a covered person's selection of a pharmacy, unless that provider network contract imposes those same cost-sharing requirements on all persons or pharmacies in the state;
      • imposing other conditions on a covered person, pharmacist, or pharmacy that limit a covered person's ability to select a pharmacy of his or her choosing; and
      • denying a pharmacy or pharmacist the right to participate in a pharmacy network contract in the state if the pharmacy or pharmacist holds a valid license and agrees to specified conditions.



The restrictions in the bill do not apply to:

      • carriers that offer managed care plans and provide a majority of covered services using physicians employed by the carrier or through a single contracted medical group;
      • self-funded plans that are exempt from state regulation under the federal Employee Retirement Income Security Act (ERISA); or
      • plans issued for coverage of state or federal employees.



04:45 PM



Representative Primavera and Representative Becker answered questions from the committee. Amendment L.001 (Attachment J) was distributed to the committee.



160405 AttachJ.pdf160405 AttachJ.pdf



04:49 PM --
Patrick Boyle, Express Scripts, testified in opposition to the bill. Mr. Boyle responded to questions from the committee.



05:10 PM --
Dan O'Connell, Colorado Association of Commerce and Industry, testified in opposition to the bill. Mr. O'Connell responded to questions from the committee. Representative Primavera commented.



05:16 PM --
Nick Colglazier, Colorado Competitive Council, testified in opposition to the bill. Mr. Colglazier responded to questions from the committee.



05:20 PM --
Charlie Sheffield, Colorado Association of Health Plans, testified in opposition to the bill. Mr. Sheffield responded to questions from the committee. Representative Becker commented.



05:28 PM



Committee discussion with Mr. Sheffield ensued.



05:51 PM --
Miciah Davis, Harris Pharmacy, testified in favor of the bill. Mr. Davis responded to questions from the committee.



06:09 PM



Committee discussion with Mr. Davis continued.



06:13 PM



Representative Primavera commented. Mr. Davis continued to respond to questions.



06:19 PM --
Tom Davis, Kiowa Health Mart, testified in support of the bill. Mr. Davis responded to questions from the committee.



06:32 PM --
Kay Markus, representing herself, testified in support of the bill.



06:36 PM -- Tom Bratz, Star Drug, testified in support of the bill.



06:40 PM -- Terri Newland, representing herself, testified in support of the bill. Ms. Newland responded to questions from the committee.



06:47 PM -- Laura Negley, representing herself, testified in support of the bill.



06:52 PM -- Marijo Rymer, The Arc of Colorado, testified in support of the bill.



06:55 PM -- Shannon Southall, representing herself, testified in support of the bill. Ms. Southall responded to questions from the committee.



07:10 PM -- Tony Gagliardi, National Federation of Independent Businesses, testified in support of the bill. Mr. Gagliardi responded to questions from the committee.



07:20 PM -- Jacque Bratz, representing herself, testified in support of the bill.



07:24 PM



Representative Primavera explained amendment L.001.

BILL: HB16-1361
TIME: 07:25:01 PM
MOVED: Primavera
MOTION: Adopt amendment L.001 (Attachment J). The motion passed without objection.
SECONDED: Danielson
VOTE
Conti
Danielson
Everett
Ginal
Joshi
Landgraf
Leonard
Moreno
Pettersen
Tyler
Windholz
Singer
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





07:27 PM



Representative Moreno explained amendment L.003 (Attachment K) and distributed it to the committee.



160405 AttachK.pdf160405 AttachK.pdf



07:31 PM



Committee members discussed amendment L.003.



07:37 PM



Representative Primavera commented on amendment L.003.

BILL: HB16-1361
TIME: 07:37:43 PM
MOVED: Moreno
MOTION: Adopt amendment L.003 (Attachment K). The motion passed on a vote of 9-4.
SECONDED: Primavera
VOTE
Conti
No
Danielson
Yes
Everett
No
Ginal
No
Joshi
Yes
Landgraf
No
Leonard
Yes
Moreno
Yes
Pettersen
Yes
Tyler
Yes
Windholz
Yes
Singer
Yes
Primavera
Yes
YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





07:36 PM



Representatives J. Becker and Primavera gave concluding remarks on the bill.



07:41 PM



Committee members commented on the bill.

BILL: HB16-1361
TIME: 07:50:34 PM
MOVED: Primavera
MOTION: Refer House Bill 16-1361, as amended, to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Danielson
VOTE
Conti
No
Danielson
Yes
Everett
No
Ginal
No
Joshi
Yes
Landgraf
No
Leonard
No
Moreno
Yes
Pettersen
No
Tyler
Yes
Windholz
Yes
Singer
Yes
Primavera
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS





07:51 PM



The committee adjourned.








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