S_HHS_2020A 02/27/2020 05:55:12 PM Committee Summary

Nancy Dolson, Department of Health Care Policy and Financing, provided an overview of the Colorado Healthcare Affordability and Sustainability Enterprise and introduced Peggy Burnette.

Peggy Burnette, appointee, told the committee about her professional background and why she wants to be reappointed to the CHASE.  Ms. Burnette responded to questions.

The Governor's Executive Order and appointment letter may be found in Attachment A.  Ms. Burnettte's resume may be viewed at the State Archives.

Senator Danielson, bill sponsor, presented Senate Bill 20-176.  This bill clarifies existing law that prohibits discretionary clauses that allow an insurer, plan administrator, or claim administrator to interpret terms of the policy, contract, or plan to determine eligibility for benefits in an insurance policy, contract, or plan issued in this state that offers health or disability benefits.  The bill clarifies that any such provision is void and authorizes the Commissioner of Insurance to adopt rules regarding the prohibition.  

The bill also clarifies that for this prohibition, "issued in this state" refers to every health and disability insurance policy, insurance contract, insurance certificate, and insurance agreement existing, offered, issued, delivered, or renewed in the State of Colorado or providing health or disability benefits to a resident or domiciliary of the State of Colorado and every employee benefit plan covering a resident or domiciliary of the state of Colorado, whether or not on behalf of an employer located or domiciled in Colorado, on or after August 5, 2008, notwithstanding any contractual or statutory choice-of-law provision to the contrary.



Finally, the bill separates a person's entitlement to de novo review in any court with jurisdiction from the person's entitlement to a trial by jury.

Michael Ellis, representing himself, testified in support of the bill.

Shawn McDermott, representing himself, testified in support of the bill.  Mr. McDermott responded to questions.

Mr. Ellis and Mr. McDermott responded to committee questions.

Becky Brooks, American Council of Life Insurers, testified in a neutral position on the bill.

Senator Danielson made closing remarks.

Senator Danielson, bill sponsor, presented Senate Bill 20-182.  The bill renames lifesaver programs to wanderer recovery programs and expands the current grant program administered by the Colorado Bureau of Investigation (CBI) to support both the creation and maintenance of wanderer recovery programs in local jurisdictions.  A wanderer recovery program is a program where participants receive an electronic device that may be used to assist in locating the participants in cases where they are missing.  Wanderer recovery programs are generally utilized for individuals with developmental disabilities or cognitive impairments.  The bill also renames the cash fund used to fund the grant program from the Lifesaver Program Cash Fund to the Wanderer Recovery Cash Fund. The current grant program provides grants to county governments for establishing a wanderer recovery program.  The bill expands eligibility criteria to allow for county, municipal, or organizations designated by county or municipal governments, to apply for grants to support the establishment or maintenance of a wanderer recovery program.  The bill also eliminates the cap of $10,000 for grant awards, and removes the cap on the amount the General Assembly may annually appropriate to the wanderer recovery program cash fund, which is used to fund the program.  The bill also directs the CBI to establish and maintain a website that:

• lists local governments or designees that offer a wanderer recovery program and their contact information;
• lists resources for caretakers of persons with medical conditions that cause wandering;
• provides procedures to follow when a wanderer recovery program participant has gone missing;
• describes how wanderer recovery program technology works; and
• provides any other information the CBI concludes is necessary to explain and publicize wanderer recovery programs.

Valerie Schlecht , Colorado Cross-Disability Coalition, testified in support of the bill.

Rachael Minore, Alzheimer's Association, testified in support of the bill.

Scott Pinkney, representing himself, testified in support of the bill.

Senator Danielson responded to questions from the committee.

Senator Danielson made closing comments.

Senators Winter and Fenberg, bill sponsors, presented House Bill 20-1158.  The bill requires that all Division of Insurance (DOI) regulated health benefit plans provide coverage for the diagnosis of and treatment for infertility and standard fertility preservation services, which are defined in the bill. The bill specifies that this includes four completed oocyte retrievals with unlimited embryo transfers in accordance with the guidelines of the American Society for Reproductive Medicine using single embryo transfer when recommended and medically appropriate. Health benefits plans may not impose restrictions or cost-sharing requirements that are different from those imposed on benefits for other medications and services covered under the plan that are not related to fertility.

Dr. Richard Vigh, representing himself, testified against the bill.  Committee questions followed.

Dr. Laxmi Kondapalli, Colorado Center for Reproductive Medicine and Colorado Fertility Advocates, testified in support of the bill.

Crystal Wilson, representing herself, testified in support of the bill.

Shannon Grey, representing herself, testified in support of the bill.

Nicole Mallery, Denver Sister Circle, testified in support of the bill.

Carey Rutledge, Colorado Fertility Advocates, testified in support of the bill.

Valeria Pernal, representing herself, testified in support of the bill.

Senator Winter discussed amendments L.003 and L.004 (Attachments B and C).

Senator Winter, bill sponsor, presented Senate Bill 20-171.  The bill authorizes the Medical Services Board in the Department of Health Care Policy and Financing to adopt rules for the Children's Habilitation Residential Program to implement changes proposed in a waiver submitted to the federal government, provided that the rules are not effective until the waiver is approved.

There was no public testimony on the bill.

Senators Winter and Priola, bill sponsors, presented Senate Bill 20-005 and distributed amendments L.001 and L.003 (Attachments D and E).  The bill prohibits health insurance carriers from inducing, incentivizing, or otherwise requiring a health care provider to collect any coinsurance, copayment, or deductible (cost-sharing payments) directly from a covered person or the covered person's responsible party.  The bill also prohibits inducing, incentivizing, or otherwise requiring a covered person to pay any cost-sharing payments  directly to their health care provider.  Additionally, health insurance carriers must collect any cost-sharing payments owed by a covered person or the covered person's responsible party in a single consolidated bill.  Violation of these requirements is an unfair method of competition, an unfair or deceptive act or practice in the business of insurance, and a deceptive trade practice.



These requirements would apply to health insurance plans issued or renewed on or after the bill's effective date.  

Senator Fields recessed the meeting.

Senator Fields reconvened the meeting.

Committee discussion about amendments L.001 and L.003 followed (Attachments D and E).

Amanda Massey, Colorado Association of Health Plans, testified in a neutral position on the bill and discussed the amendments.

Josh Ewing, Colorado Hospital Association, testified in support of the bill and discussed the amendments.  Committee questions and discussion followed.

Senator Fields, bill sponsor, presented House Bill 20-1041. Under current law, physician assistants are required to maintain professional liability insurance of at least $1.0 million per claim and $3.0 million for all claims. This bill repeals that requirement and requires that physician assistants who have been practicing for at least three years comply with the same financial responsibility requirements as physicians. This includes:

• having professional liability insurance coverage of at least $1.0 million per incident and $3.0 million annual aggregate per year;
• allowing the Medical Board to lower the financial requirements for physician assistants;
• mandating that physician assistants give the Medical Board evidence that they have met the requirements; and
• doubling the financial responsibility for any physician assistant that has committed medical malpractice twice in one year.

Peggy Walsh, Colorado Academy of Physician Assistants, testified in support of the bill. Committee questions followed.

Diana Protopapa, Colorado Academy of Physician Assistants, responded to questions from committee members.