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HB24-1005

Health Insurers Contract with Qualified Providers

Type Bill
Session 2024 Regular Session
Subjects
Health Care & Health Insurance

Concerning contract requirements between primary care providers and other health-care organizations.

Bill Summary:

With certain exceptions, for health benefit plans that are issued or renewed on or after January 1, 2027, the bill requires a health-care insurance carrier (carrier) to include a primary care provider as a participating provider in all networks, including narrow networks and all tiers of tiered networks, of the carrier's health benefit plan if the primary care provider is:

  • Licensed to practice in Colorado;
  • Certified or accredited by a national association for the certification or accreditation of primary care providers;
  • Enrolled in an alternative payment model; and
  • Credentialed by federal law to receive reimbursement for the provision of care to patients receiving benefits from medicaid.
On or before December 31, 2025, the commissioner of insurance must promulgate rules to implement the bill, including rules:
  • Establishing criteria and a process for determining whether a primary care provider meets the criteria; and
  • Establishing a schedule for contracted reimbursements issued to primary care providers who participate in a health benefit plan.
The division of insurance must contract with an actuary to determine a minimum reimbursement schedule for alternative payment models. The schedule:
  • Must ensure that primary care providers are reimbursed at rates that are at least equal to the reimbursement rates established in law for purposes of the Colorado standardized health benefit plan;
  • Must include adjustments for regional cost of living variations; and
  • May include incentives for integration of behavioral health-care services and comprehensive care coordination services.
If a carrier and a primary care provider do not negotiate and agree to terms of reimbursement, the carrier must compensate the primary care provider in accordance with the schedule for contracted reimbursements established by rule. If a primary care provider employed by a medical group or hospital system leaves the medical group or hospital system to establish an independent practice, the primary care provider may communicate with patients about continuing to see them in the new practice. Under current law, any covenant not to compete provision of an employment, partnership, or corporate agreement between physicians that restricts the right of a physician to practice medicine upon termination of the agreement is void; except that all other provisions of the agreement, including provisions that require the payment of damages in an amount that is reasonably related to the injury suffered by reason of termination of the agreement, are enforceable. Provisions of a covenant not to compete that require the payment of damages upon termination of the agreement may include damages related to competition. The bill:
  • Establishes exceptions to the general prohibition on covenant not to compete provisions;
  • Broadens the scope of the prohibition to apply to any agreement rather than applying only to employment, partnership, and corporate agreements between physicians;
  • Narrows the existing exception to the prohibition to apply only to provisions that require the payment of damages in an amount that is reasonably related to the injury suffered due to a breach, rather than a termination, of the agreement; and
  • Prohibits including in an agreement any of several provisions that require payment of certain types of damages.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Lost

Introduced

Lost

Related Documents & Information

Date Version Documents
03/25/2024 Reengrossed PDF
03/22/2024 Engrossed PDF
01/10/2024 Introduced PDF
Date Version Documents
03/20/2024 PA1 PDF
Date Version Documents
08/14/2024 FN3 PDF
03/22/2024 FN2 PDF
03/19/2024 MEMO1 PDF
02/12/2024 FN1 PDF
Activity Vote Documents
Refer House Bill 24-1005 to the Committee of the Whole. The motion failed on a vote of 1-8. Vote summary
Postpone House Bill 24-1005 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 8-1. Vote summary
Activity Vote Documents
Adopt amendment L.006 (Attachment C) to amendment L.005 (Attachment B). The motion passed without objection. Vote summary
Adopt amendment L.005 (Attachment B). The motion passed on a vote of 9-2. Vote summary
Refer House Bill 24-1005, as amended, to the Committee of the Whole. The motion passed on a vote of 8-3. Vote summary
Activity Vote Documents
Date Calendar Motion Vote Vote Document
03/25/2024 Third Reading BILL
45
AYE
18
NO
2
OTHER
Vote record
Date Amendment Number Committee/ Floor Hearing Status Documents
03/22/2024 L.008 Second Reading Passed [**] PDF
03/19/2024 L.005 HOU Health & Human Services Passed [*] PDF
03/19/2024 L.006 HOU Health & Human Services Passed [*] PDF
Date Location Action
04/17/2024 Senate Senate Committee on Health & Human Services Postpone Indefinitely
03/27/2024 Senate Introduced In Senate - Assigned to Health & Human Services
03/25/2024 House House Third Reading Passed - No Amendments
03/22/2024 House House Second Reading Special Order - Passed with Amendments - Committee, Floor
03/19/2024 House House Committee on Health & Human Services Refer Amended to House Committee of the Whole
01/10/2024 House Introduced In House - Assigned to Health & Human Services