This Digest provides a brief summary of all bills being followed by the CMS Council on Legislation. Bills are still being reviewed and summaries will be posted, as they become available. CMS members may receive copies of any of the bills listed herein by providing your FAX # to the Department of Government Relations at 720-859-1001, 1-800-654-5653 or E-Mail (gov_relations@cms.org).

Strong support/opposition – Play a lead role and commit significant political resources, including testimony, active lobbying and grassroots engagement; actively work on amendments.

Moderate support/opposition – Support lobby efforts of others; testify, lobby and amend as needed.

Low support/opposition – Minimal expenditure of political resources; lend name to fact sheets, etc.

Monitor – Watch for adverse or favorable amendments that could affect physicians.

Neutral – The bill does not directly affect physician interests.

NOTE: All positions rendered by the Council on Legislation are subject to review and approval by the CMS Board of Directors.

February 5, 2010

 

Bill

 

CMS Position

 

Bill Summary & Status

 

HB 1004

 

Moderate Support

 

Bill Title: Standardized Health Insurance Information

Bill Sponsors: Massey, Foster

 

Requires DOI to establish a standard format for policy descriptions/evidence of benefits; health plans must comply by 7/1/11.

 

Status: Assigned to Health and Human Services Committee, Awaiting 3rd Reading.

 

HB 1005

 

Passive Support

 

Bill Title: Home Health Care

Bill Sponsors: Massey, Foster

 

Enables Medicaid reimbursement for home health telemedicine.

 

Status: Assigned to Health and Human Services Committee, First hearing Feb. 1st.

 

HB 1008

 

Moderate Support

 

Bill Title: No Gender Individual Health Insurance Rates

Bill Sponsors: Schafer, M. Carroll

 

Prohibits carriers from using gender as a basis for rating individual health insurance policies.

 

Status: Assigned to Health and Human Services Committee, First hearing Feb. 4th.

 

HB 1012

 

 

 

Bill Title: Limit Surveillance Worker's Comp Claims

Bill Sponsors: Pace, Carroll, M.

 

Requires individual health policies to provide maternity coverage equivalent to that of small group plans.

 

Status: Assigned to House Judicial Committee, First hearing Feb. 3rd.

 

HB 1021

 

Moderate Support

 

Bill Title: Required Maternity Coverage Individual

Bill Sponsors: Frangas, Foster

 

Requires individual health policies to provide maternity coverage equivalent to that of small group plans.

 

Status: Assigned to House Business Committee, Awaiting 2nd Reading.

 

HB 1024

 

Active Support

 

Bill Title: Declaring Patients Terminally Ill

Bill Sponsors: Balmer, Williams

 

Disallows advanced practice nurses from declaring a patient terminally ill for purposes of triggering end-of-life decisions and leaves such ability to the sole discretion of a physician.

 

Status: Assigned to Health and Human Services Committee, This is the 1st of 2 bills eliminating APNs' ability to certify terminal illness. First hearing: Jan. 29

 

HB 1025

 

Active Support

 

Bill Title: CO Medical Treatment Act Updates

Bill Sponsors: Roberts, Newell

 

Updates statute regarding medical conditions for end of life care and advance directives. Removes from statute template advance directive with language allowing APNs to certify terminal illness.

 

Status: Assigned to Health and Human Services Committee, First hearing Feb. 5th.

 

HB 1027

 

Moderate Support

 

Bill Title: Medicaid Hospice Life Expectancy

Bill Sponsors: Roberts, Williams

 

Changes eligibility for Medicaid coverage of hospice care from 6-month to 9-month prognosis, pending federal authorization.

 

Status: Assigned to Health and Human Services Committee.

 

HB 1031

 

Neutral

 

Bill Title: Medicaid Dental Services Contract Admin

Bill Sponsors: McCann, Foster

 

 

Requires HCPF to contract with one dental services administrator.

 

Status: Assigned to Health and Human Services Committee.

 

HB 1032

 

Passive Support

 

Bill Title: Behavioral Health Crisis Response Servs

Bill Sponsors: Frangas, Boyd

 

Requires DHS to contract with a nonprofit provider for mental health crisis response; bill is contingent upon the passage of another repealing the tax exemption for precious metal bullion and coins, in order to fund the program.

 

Status: Assigned to Health and Human Services Committee.

 

HB 1033

 

Passive Support

 

Bill Title: Screening Brief Intervention Referral

Bill Sponsors: Massey, Boyd

 

 

Provides Medicaid coverage for screening, brief intervention, and referral to treatment for alcohol and other substance abuse services.

 

Status: Assigned to Health and Human Services Committee, First hearing Feb. 1st.

 

HB 1038

 

Passive Support

 

Bill Title: Worker's Comp Claims Process Brochure

Bill Sponsors: Miklosi, Carroll, M.

 

 

Requires employers or work comp carrier to create a claims brochure that walks injured workers through the claims process, including medical benefits.

 

Status: Passed House Business Committee, Referred to Appropriations.

 

HB 1050

 

Passive Support

 

Bill Title: On-line Registry Med Directives Form

Bill Sponsors: Tyler, Tochtrop

 

Establishes on-line registry of medical orders for scope of treatment forms.

 

Status: Assigned to Health and Human Services Committee.

 

HB 1061

 

 

Bill Title: CO Medical Donation Program

Bill Sponsors: Merrifield, Tochtrop

 

Allows health care facilities to donate, receive and dispense unused medications, medical devices and medical supplies to un/underinsured patients.

 

Status: Assigned to Health and Human Services Committee.

 

HB 1103

 

 

 

Bill Title: Catastrophic Illness Fund for Children

Bill Sponsors: Todd, Steadman

 

Creates a fund to cover costs of children with catastrophic medical conditions, funded by gifts, grants an donations.

 

Status: Assigned to Health and Human Services Committee

 

HB 1122

 

 

Bill Title: Medical Orders Scope of Treatment

Bill Sponsors: Roberts/Merrifield, Williams

 

MOST Forms.

 

Status: Assigned to Health and Human Services Committee, First hearing Feb. 8th.

 

HB 1128

 

 

Bill Title: Registrations Regulatory Efficiency

Bill Sponsors: Looper, Hudak/Bacon

 

DORA clean-up bill affecting numerous professions. Key provisions for physicians are Sections 9 and 10 (repeal statutes regarding x-ray techs from MPA that duplicate CDPHE rules regarding same); Section 11 (changes method for collecting CPHP funds so that they don't count against TABOR limits); Section 7 (allows out-of-state-licensed physicians to practice at Olympic Training Center or provide services to Colorado children who were treated at Shriners hospitals, for up to 90 days per year without having to get a Colorado license); Sections 12, 13, 14, 16 (eliminate BME Committee on Anticompetitive Conduct for peer review disputes, refer such disputes to district court).

 

Status: Assigned to Health and Human Services Committee.

 

HB 1145

 

 

Bill Title: Encourage Use of Generic Medications

Bill Sponsors: Kagan

 

Changes statute regarding substitution of generic for name-brand drugs from specifying "dispense as written" to "brand medically necessary"; does not allow either term to be used, specifies that only the latter may be used; makes it unlawful for pharmacists to accept vouchers for name-brand drugs if there is a generic equivalent if a health plan is paying for the drug and unless the physician has specified "brand medically necessary" on the prescription.

 

Status: Assigned to Health and Human Services Committee, First hearing Feb. 8th.

 

HB 1154

 

Passive Support

                                  

Bill Title: Mandates Analysis Leg Council Moratorium

Bill Sponsors: Curry/Roberts, Mitchell

 

Eliminates mandate commission and authorizes Legislative Council to analyze future mandated benefit legislation; imposes a one-year moratorium on health benefit mandates to stabilize the health insurance market and see what happens with federal health reform.

 

Status: Assigned to

 

HB 1160

 

Passive

Oppose

 

Bill Title: Wellness Incentives Rewards Outcomes

Bill Sponsors: Rice/Stevens, Mitchell

 

Allows health plans to offer discounts to members who show improvement after participating in wellness programs (e.g., lose weight, stop smoking).

 

Status: Assigned to Health and Human Services Committee, First hearing Feb. 8th.

 

HB 1163

 

Neutral

 

Bill Title: Interstate Purchase Health Insurance

Bill Sponsors: Acree, Scheffel

 

Allows DOI to enter into multistate agreements for insurance purchase across state lines; insurers are required to submit evidence of appropriate access to Colorado providers and processes for handling Colorado complaints and can only sell in Colorado if DOI determines that they have adequately met these standards; out-of-state plans remain otherwise immune from most Colorado regulation, including mandated benefits and consumer protection laws. Out-of-state policies must carry a disclaimer explaining this. No requirements regarding physician networks.

 

Status: Assigned to

 

HB 1166

 

Passive Support

 

Bill Title: Plain Language in Insurance Policies

Bill Sponsors: Kefalas, Newell

 

Requires insurers to write policies at or below 10th-grade reading level.

 

Status: Assigned to House Business Committee.

 

HB 1179

 

 

Bill Title: Primary Care Act

Bill Sponsors: Acree, Boyd

 

Allows medical malpractice carriers to offer discounts to physicians in rural areas; allows state loan repayment funds to be used for physicians in private practice; requires HCPF to develop a 5-year plan for increasing primary care reimbursements; encourages private businesses to donate to/invest in primary care physician practices.

 

Status: Passed House Judicial Committee, Referred to House Health and Human Services Committee.

 

HB 1202

 

Neutral

 

Bill Title: Insurance Coverage Chemo Treatment

Bill Sponsors: Primavera/McNulty, Tochtrop

 

Coverage for oral chemo at same level as IV.

 

Status: Passed House Business Committee, Awaiting 2nd Reading.

 

SB 11

 

 

Bill Title: WorkerÕs Comp Conflicts of Interest

Bill Sponsors: M. Carroll, Miklosi

 

Addresses conflicts of interest within work comp system- prohibits carriers from paying providers to deny claims, requires physicians to disclose business interests with insurers and prohibits provider from communicating with the employer or carrier.

 

Status: Assigned to Senate Judicial Committee.

 

SB 12

 

Moderate Support

 

Bill Title: WorkerÕs Comp Benefits Knowing Penalty

Bill Sponsors: Tochtrop, Pace

 

Increases penalties against insurers who knowingly delay claim payments; penalties go to medical services provider and work comp cash fund.

 

Status: Assigned to Senate Judicial Committee.

 

SB 13

 

Passive Support

 

Bill Title: Worker's Compensation Accountability

Bill Sponsors: Hodge, Ryden

 

Requires work comp insurers to survey a limited number of injured workers to gage their satisfaction with the insurer; prevents insurer from retaliating against workers for unsatisfactory results.

 

Status: Assigned to Senate Judicial Committee.

 

SB 20

 

Support with Amendments

 

Bill Title: CoverColorado Provider Fee Schedule

Bill Sponsors: Boyd, Massey

 

Authorizes the CoverColorado board to set a fee schedule for physician and hospital payments (does not establish the fee schedule in statute); prohibits balance billing of CoverColorado members.

 

Status: Passed Senate Health and Human Services Committee, Referred to Appropriations.

 

SB 56

 

Passive Support

 

Bill Title: Immunization Information School Children

Bill Sponsors: Boyd, Riesberg

 

Requires school to give parents a standardized list of required immunizations.

 

Status: Passed Senate Health and Human Services Committee, Awaiting 2nd Reading.

 

SB 61

 

Neutral

 

Bill Title: Medicaid Hospice Room and Board Changes

Bill Sponsors: Tochtrop, Soper

 

Allows Medicaid to contract directly with long-term care facilities for hospice care.

 

Status: Assigned to Health and Human Services Committee.

 

SB 66

 

Monitor

 

Bill Title: Reporting of Child Abuse or Neglect

Bill Sponsors: Hudak, Levy

 

Absolves physicians and others of duty to report child abuse or neglect if individual is 18 or older and the abuse/neglect took place before age 18.

 

Status: Assigned to Senate Judicial Committee.

 

SB 76

 

 

Bill Title: Unreasonable Insurance Claims Practices

Bill Sponsors: Carroll, M.

 

Makes it an unfair/deceptive practice for an insurer to offer incentives for delaying/denying claims.

 

Status: Assigned to Health and Human Services Committee.

 

SB 81

 

 

Bill Title: Farm-to-school Interagency Task Force

Bill Sponsors: Sandoval, Solano

 

Establishes "farm to school" program for healthy eating.

 

Status: Assigned to Senate Education Committee.

 

SB 109

 

Support with Amendments

 

Bill Title: Medical Marijuana Dr. Patient Relations

Bill Sponsors: Romer/Spence, Massey/McCann

 

Defines and requires bona fide physician/patient relationship for purposes of medical marijuana certification; requires that physicians certifying medical marijuana have valid, unrestricted license and have not had their DEA registration suspended or revoked; forbids physicians from accepting money from or entering into other arrangements with caregivers for medical marijuana certificates; makes physicians subject to the BME for violating the terms of the act; establishes a medical marijuana review board, including 3 physicians.

 

Status: Passed Senate, Assigned to House Judicial Committee.

 

SB 115

 

 

Bill Title: Facilities May Donate Unused Medications

Bill Sponsors: Tochtrop, Primavera

 

Allows health care facilities to donate unused medications to nonprofits providing relief services in Haiti.

 

Status: Passed Senate, Assigned to House Health and Human Services Committee.