H_HI_2021A 03/23/2021 09:52:48 AM Committee Summary

Representative Lontine, bill sponsor, introduced HB21-1135. The bill requires operators of health care cost-sharing arrangements (CSAs) to report specified information to the Commissioner of Insurance in the Department of Regulatory Agencies, provide disclosures to consumers, and respond to requests for payment within a specified time period.

CSA Operations.  The bill establishes the following requirements regarding the operation of a CSA:

• by January 1, 2022, a CSA must provide disclosures, the content of which is detailed in the bill and in rule, to current and prospective members concerning the obligations of the member and the CSA, and post this information on its website and marketing materials;  
• by January 1, 2022, a CSA must provide certain disclosures on cards issued to members, provide monthly statements to members regarding claim status, and provide quarterly financial statements for the CSA;
• upon receiving a bill from a member or provider, a CSA must respond within a period of time specified in rule—failure to pay the expense or respond within the time allowed constitutes a denial of the request; and
• a CSA must allow its members to continue participation in the arrangement after developing a medical condition. 

The commissioner may issue an emergency cease-and-desist order or assess penalties for failure to comply with the requirements of the bill, with penalties starting at $500 per offense and increasing up to $5,000 for repeat violations.

Reporting.  Operators of CSAs must submit annual filings to the commissioner by March 1 of each year.  Among other things, the filings must include the following information:

• financial statements;
• fees paid to third parties for marketing or operations;
• member benefits, limitations, and exclusions;
• providers with whom the CSA contracts;
• the number of members, households, and employer groups participating in the CSA;
• the number of applications to participate in the CSA submitted, accepted, and denied;
• the number of bills submitted, paid, denied, and appealed; and
• any other information required by the commissioner in rule.

Rulemaking.  The commissioner must adopt rules concerning disclosures, reporting, and timing of bill payment by CSAs. Additionally, rules may be adopted to establish greater penalties for noncompliance based on the frequency or severity of violations.

Representative Lontine requested the committee postpone the bill indefinitely.

 

Public testimony related to HB21-1135 can be found in Attachment A.

Representative Rich, bill co-sponsor, introduced HB21-1190. For the purpose of the “Colorado Medical Practice Act,” the bill modifies the definition of telemedicine as the delivery of services through HIPAA-compliant telecommunications systems, including information, electronic, and communication technologies, remote monitoring technologies, and store‑and-forward transfers, to facilitate the assessment, diagnosis, consultation, or treatment of a patient.

Representative Esgar, bill co-sponsor, continued introducing the bill.

Committee members asked questions to the bill sponsors.

Representative Esgar introduced amendment L.001 (Attachment B).

Dr. Dave Hnida, representing himself, testified in support of the bill.

The witness responded to questions from the committee.

Committee members made comments on the amendment.

The bill sponsors made closing comments on the bill.

Representative Titone, bill co-sponsor, introduced HB21-1171.

The bill creates the Kidney Disease Prevention and Education Task Force, comprised of state legislators, representatives of state agencies, and members of the public, including representatives for kidney patients and health care organizations.  The task force meets at least four times per year, and is tasked with:

• increasing awareness of kidney disease;
• examining kidney disease, transplantation, donation, and effects in minority populations; and
• developing a plan for an ongoing awareness campaign related to early detection of kidney disease and reducing the burden of kidney disease in Colorado.

The committee first convenes by November 1, 2021 and begins submitting annual reports to the General Assembly by December 1, 2023.  The task force is repealed on September 1, 2030, following a sunset review by the Department of Regulatory Agencies.

Public testimony for HB21-1171 can be found in Attachment C.

Represenative Bradfield, bill co-sponsor, made opening remarks on the bill. She distributed a handout to the committee (Attachment D).

The bill sponsors responded to questions from the committee.

The bill sponsors continued to respond to questions from the committee.

Ms. Lindsay Gill, representing American Kidney Fund, testified in support of the bill. Kendra Burrell, representing The National Kidney Foundation, testified in support of the bill. Dr. Lilia Cervantes, representing herself, testified in support of the bill.

The previous panel of witness responded to questions from the committee.

The bill sponsors made closing comments on the bill.

Committee members made closing comments on the bill.

Representative Van Beber, bill co-sponsor, introduced HB21-1169. The bill prohibits health care providers, facilities, and insurers from limiting access to organ transplants based solely on an individual’s disability.  The bill authorizes an aggrieved person to bring a civil action in a district court for injunctive or other equitable relief. She distributed a handout to the committee (Attachment E).

Public testimony for HB21-1169 can be found in Attachment F.

The committee took a short recess.

Representative Van Beber, bill co-sponsor, introduced HB21-1169 again for the members on Webex who were previously unable to hear due to technical difficulties.

Representative Ortiz, bill co-sponsor, continued introducing HB21-1169.

The bill sponsors responded to questions from the committee.

Karissa McCoy, representing herself, testified in support of the bill. Mrs. Arika Baal, representing herself, testified in support of the bill.

Mrs. Kayla Daggett, representing herself, testified in support of the bill. Isaac Sargent, representing himself, testified in support of the bill. Abby Heasley, representing herself, testified in support of the bill.

Wayne Pearl, representing National Down Syndrome Society, testified in support of the bill. Mrs. Valerie Trujillo, representing Triangle Cross Ranch, testified in support of the bill.

The bill sponsors provided closing comments on the bill.