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S_BLT_2017A 02/15/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 02/15/2017
ATTENDANCE
Time: 02:02 PM to 05:01 PM
Jahn
X
Kerr
*
Place: SCR 352
Priola
X
Smallwood
X
This Meeting was called to order by
Williams A.
X
Senator Tate
Neville T.
X
Tate
X
This Report was prepared by
Jeanette Chapman
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-151

SB17-111

SB17-080

SB17-104
Postponed Indefinitely

Amended, Referred to Senate Finance

Postponed Indefinitely

Postponed Indefinitely





02:03 PM -- SB 17-151



Senator Crowder introduced Senate Bill 17-151, concerning changes in the requirements for the coverage of health care benefits to allow for increased consumer access to health care services. The bill requires health insurance carriers that conduct credentialing of providers, utilization management, and utilization review to do the following:



1. base health care coverage authorization and medical necessity determination on generally accepted and evidence-based standards and criteria of clinical practice;

2. disclose evidence-based standards and criteria of clinical practice and processes to policyholders and providers that the carrier uses for coverage authorization and medical necessity determinations;

3. ensure that coverage authorizations and medical necessity determinations are performed by a health care provider who is licensed in a similar health field as the requesting provider;

4. categorize a condition as a new episode of care if the same provider has not treated the policyholder for the condition within the previous 30 days; and

5. ensure that tiered prior authorization criteria are based on generally accepted evidence-based standards and criteria.



Senator Crowder provided amendment L.001 (Attachment A) to the committee and discussed the purpose of the amendment.



170215 AttachA.pdf170215 AttachA.pdf













02:08 PM --
Nicholas Colglazier, Colorado Competitive Council and Colorado Association of Commerce and Industry, spoke in opposition to the bill.



02:10 PM --
Dr. Liz Kah, Kaiser Permanente, spoke in opposition to the bill. She responded to questions from the committee.



02:15 PM --
Dr. Elizabeth Kraft, Anthem, spoke in opposition to the bill.



02:18 PM --
Sara Orrange, Colorado Association of Health Plans, spoke in opposition to the bill.



02:20 PM --
Judith Burke, Health Care for All Colorado, spoke in support of the bill. She responded to questions from the committee.



02:23 PM --
Rachel Wendt, Colorado Chiropractic Association, spoke in support of the bill. She responded to questions from the committee.



02:31 PM --
Nico Brown, American Physical Therapy Association - Colorado, spoke in support of the bill. He responded to questions from the committee.



02:35 PM --
Pamela DiPasquale, Occupational Therapy Association of Colorado, spoke in support of the bill.



02:38 PM --
Ken Summers, representing himself, spoke in support of the bill. He responded to questions from the committee.



02:49 PM --
Ed Shackelford, Colorado Senior Lobby, spoke in support of the bill.



02:51 PM --
Dr. Terry Gebhardt, Colorado In Motion, spoke in support of the bill. He responded to questions from the committee.



02:55 PM --
Ellen Caruso, American Physical Therapy Association, spoke in support of the bill. She discussed a letter from a patient that was provided to the committee (Attachment B). She responded to questions from the committee.



170215 AttachB.pdf170215 AttachB.pdf





03:02 PM



Senator Crowder made closing comments on the merits of the bill. The committee recessed.





























03:13 PM



The committee came back to order.

BILL: SB17-151
TIME: 03:13:52 PM
MOVED: Neville T.
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-151
TIME: 03:14:13 PM
MOVED: Neville T.
MOTION: Refer Senate Bill 17-151, as amended, to the Committee on Appropriations. The motion failed on a vote of 2-5.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
No
Neville T.
No
Tate
No
YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: SB17-151
TIME: 03:14:55 PM
MOVED: Neville T.
MOTION: Postpone Senate Bill 17-151 indefinitely using a reversal of the previous roll call. The motion passed 5-2.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION:



03:15 PM -- SB 17-111



Senator Neville introduced Senate Bill 17-111, concerning measures to address medical marijuana inventory shortfalls. The bill increases the amount of total on-hand inventory of medical marijuana that a medical marijuana licensee can purchase from another medical marijuana center from 30 percent to 50 percent. The percentage a medical marijuana center can sell to another medical marijuana licensee is also increased to 50 percent of its on-hand inventory. The bill allows a medical marijuana licensee to transfer medical marijuana to another licensee without limitation if the licensees share a common owner. Senator Neville provided amendment L.002 (Attachment C) to the committee.



170215 AttachC.pdf170215 AttachC.pdf





03:17 PM --
Jason Warf, Southern Colorado Cannabis Council, spoke in support of the bill.



03:18 PM --
Kevin Gallegher, Craft and Cannabis Business Alliance, spoke in support of the bill.



03:22 PM --
Shannon Fender, Native Roots Colorado, spoke in support of the bill.



03:26 PM --
Ron Kammerzell, Department of Revenue, spoke in opposition to portions of the bill. He responded to questions from the committee.



03:38 PM --
Jennifer Kealy, Mindful, spoke in support of the bill. She responded to questions from the committee.

















03:42 PM --
Dave Cuesta, Mindful/Native Roots Colorado, spoke in support of the bill. He responded to questions from the committee.

BILL: SB17-111
TIME: 03:46:13 PM
MOVED: Neville T.
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-111
TIME: 03:46:56 PM
MOVED: Neville T.
MOTION: Refer Senate Bill 17-111, as amended, to the Committee on Finance. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:49 PM -- SB 17-080



Senator Merrifield introduced Senate Bill 17-080, concerning a reduction in the amount of earnings subject to garnishment. The bill changes two of the restrictions on the amount of money subject to garnishment or levy for debts other than those resulting from fraudulently obtained public assistance to the lesser of 25 percent of the individual's weekly earnings or:



10 percent of the individual's gross earnings, if his or her gross earnings are less than 250 percent of the federal poverty level; or

0 if the individual's disposable weekly income is less than 30 times the state minimum hourly wage.



These limits on garnishments do not apply to any court order for the support of any person, any court order related to bankruptcy proceedings, or any debt due for any state or federal tax.



03:58 PM --
Jacques Machol, representing himself, spoke in opposition to the bill. He responded to questions from the committee.



04:08 PM --
Jesus Loayza, Colorado Center on Law and Policy, spoke in support of the bill.



04:14 PM --
Tom Romola, Associated Collection Agencies, spoke in opposition to the bill. He responded to questions from committee.



04:21 PM --
Scott Allely, Associated Collection Agencies, spoke in opposition to the bill. He responded to questions from the bill sponsor.



04:26 PM --
Jose Vasquez, Colorado Legal Services, discussed his experience working with individuals who are facing possible wage garnishment. He responded to questions from the committee.



04:34 PM



Senator Merrifield made closing comments on the merits of the bill.

BILL: SB17-080
TIME: 04:37:21 PM
MOVED: Kerr
MOTION: Refer Senate Bill 17-080 to the Committee of the Whole. The motion failed on a vote of 1-6.
SECONDED:
VOTE
Jahn
No
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
No
Neville T.
No
Tate
No
YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: SB17-080
TIME: 04:38:37 PM
MOVED: Neville T.
MOTION: Postpone Senate Bill 17-080 indefinitely using a reversal of the previous roll call. The motion passed 6-1.
SECONDED:
VOTE
Jahn
Yes
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:39 PM -- SB 17-104



Senator Donovan introduced Senate Bill 17-104, concerning the requirements that a health insurance carrier offer a catastrophic plan in certain geographic rating areas. If a health insurance carrier offers an individual health benefit plan in three designated geographic areas of the state, the bill requires that the carrier also offer a catastrophic plan to any eligible individual in that area. The bill applies to the east geographic rating area, the west geographic rating area, and geographic rating area five. These catastrophic plans must be offered for a minimum of three years.



Senator Donovan responded to questions from the committee.



04:50 PM --
Sara Orrange, Colorado Association of Health Plans, spoke in opposition to the bill. She responded to questions from the committee.

BILL: SB17-104
TIME: 04:57:47 PM
MOVED: Jahn
MOTION: Adopt amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection









170215 AttachD.pdf170215 AttachD.pdf

BILL: SB17-104
TIME: 04:58:17 PM
MOVED: Jahn
MOTION: Refer Senate Bill 17-104, as amended, to the Committee on Finance. The motion failed on a vote of 3-4.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
Yes
Neville T.
No
Tate
No
YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB17-104
TIME: 05:00:17 PM
MOVED: Neville T.
MOTION: Postpone Senate Bill 17-104 indefinitely using a reversal of the previous roll call. The motion passed 4-3.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
Yes
YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:00 PM



The committee adjourned.