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).

April 29, 2008

 

Bill

 

CMS Position

 

Bill Summary & Status

 

SB 3

 

Support

 

 

Concerning the Family Planning Pilot Program. (Boyd, Reisberg)

 

Directs that the percentage of the federal poverty level used to determine eligibility for the family planning pilot program is established in the request for a federal waiver.

 

Status:  Signed by the Governor 3/13/08

 

SB 6

 

Support

 

Concerning Suspension Of Medicaid Benefits For Persons Confined Pursuant To A Court Order. (Boyd, Solano)

 

Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice Systems. Suspends Medicaid benefits for persons who are:

4    In the custody of the department of corrections or confined in a jail;

4    Committed to or detained in a juvenile commitment facility; or

4    Committed to or placed in a department of human services facility pursuant to court order or certification.

 

Status: Passed Senate, Passed House Judiciary

 

SB 11

 

Support in Concept

 

 

Concerning an Emergency Responders and Trauma Care Reimbursement Program.

(Morse, Massey)

 

Establishes a reimbursement program for uncompensated care provided by licensed ambulances, licensed air ambulances, trauma physicians and trauma care centers that satisfy specified criteria. (See bill for full details) 

 

Status: Passed Senate Health Committee, Awaiting 2nd Reading

 

SB 22

 

Support

 

Concerning Over expenditures in the Children's Basic Health Plan.  (Sandoval, Ferrandino)

 

Authorizes the Department of Health Care Policy & Finance to exceed the amount appropriated if there are sufficient moneys available.

 

Status: Signed by Governor 4/14/08

 

SB 44

 

Monitor

 

Concerning Tuberculosis Screening for Higher Education Students. (Renfroe)

 

Requires students of colleges and universities to complete risk assessment questionnaires and those with an identified risk factor to have a tuberculin skin test.

 

Status: Passed Senate, Assigned to House Health

 

SB 57

 

Monitor

 

Concerning Insurance Coverage for Hearing Aids for Minors. (Kester, Marshall)

 

As is outlined, requires insurance carriers to cover hearing aids for minors when medically appropriate

 

Status: Passed Senate, Passed House Business Committee, Awaiting 3rd Reading

 

SB 58

 

Monitor

 

Concerning The Creation Of The Colorado Alzheimer's Coordinating Council To Develop A State Plan To Address The Increase In The Incidence Of Alzheimer's Disease In The State. (Boyd, Riesberg)

 

Creates the Colorado Alzheimer's coordinating council (council) to develop a Colorado state plan for Alzheimer's disease (state plan). Establishes the composition of the council and delineates the duties and responsibilities of the council, as well as the permissive activities of the council. Requires the council to submit a report that includes recommendations and the state plan to the governor, the health and human services committees of the senate and house of representatives, and the participating state departments.

Requires the president of the senate and the speaker of the house of representatives to designate a nonprofit or private organization to solicit, accept, and expend moneys for the council, to engage staff support for the council, and to prepare an operating budget for the council. Creates a cash fund to which the general assembly may appropriate moneys to help fund the council's operations. Repeals the council on July 1, 2012.

 

Status: Passed Senate, Passed House, Sent to the Governor

 

SB 68

 

Support

 

Concerning Authorization Of The Use Of Telemedicine In Providing Mental Health Care Services Under The Medicaid Program. (Brophy, Lundberg)

 

Includes the use of telemedicine for mental health care services under Medicaid.

 

Status: Signed by Governor 3/19/08

 

SB 88

 

Support

 

Concerning Reducing The Incidence Of Tobacco Use By Persons Less Than Eighteen Years Of Age, And, In Connection Therewith, Enacting The "Teen Tobacco Use Prevention Act". (Tupa, Massey)

 

Prohibits possession of tobacco products by a person under 18 years of age. Requires a peace officer to confiscate immediately any cigarettes or tobacco products possessed by a person under 18 years of age.

 

Status: Passed Senate, Passed House, Sent to Governor

 

SB 95

 

Oppose

 

Concerning A Requirement That A Woman Provide Informed Consent Before Having An Abortion, And, In Connection Therewith, Requiring A Physician To Provide Information Regarding An Ultrasound To A Woman Prior To The Woman's Decision Whether To Have An Abortion. (Schultheis, Lundberg)

 

Prior to performing an abortion, requires a physician to inform the woman about her right to have an ultrasound prior to the abortion. Requires the woman to affirm in writing that she received the information. If requested by the woman, requires the physician to perform an ultrasound or provide her with a list of places that will perform ultrasounds at no cost prior to the woman's decision whether to have an abortion. Prohibits the performance of an abortion before a specified time period after the woman receives the information and has the ultrasound. Makes a medical emergency exception.

Creates a civil right of action for noncompliance with the requirements. Makes a physician's noncompliance with the requirements unprofessional conduct. Makes a violation of the requirements a misdemeanor.

 

Status: POSTPONED INDEFINITELY

 

SB 109

 

Oppose

 

Concerning A Requirement That A Health Care Provider Inform A Patient About The Duty To Report Certain Conditions To A Health Department. (McElhany, Roberts)

 

Requires a health care provider to either:

4    Post a notice stating that Colorado law requires the reporting, without patient consent, of certain conditions and diseases to the Colorado department of public health and environment; or

4    Inform the patient that the report will be made prior to obtaining any specimen or sample from the patient in order to determine whether a patient has a reportable disease or condition.

Requires a person who makes a report regarding a diagnosis of AIDS, HIV-related illness, or HIV infection to notify the person with the diagnosis about the report.

 

Status: POSTPONED INDEFINITELY

 

SB 113

 

Support

 

Concerning The Continuation Of The "Health Care Credentials Uniform Application Act". (Cadman)

 

Continues the "Health Care Credentials Uniform Application Act" and the health care credentials application review committee.

 

Status: POSTPONED INDEFINITELY

 

SB 135

 

Support

 

Concerning A Standardized Card To Be Issued To Persons Covered Under A Health Coverage Plan. (Mitchell, S)

 

Requires health insurance carriers to develop and issue to covered persons under a health coverage plan a standardized card or device that contains information about the contents of and procedures to access benefits under the plan, which information can be electronically scanned. Requires the commissioner of insurance to convene a meeting of carriers and other stakeholders for purposes of developing the card or device by a specified date.

 

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

 

SB 138

 

Support

 

Concerning Full Disclosure Of Physician Designations Made By Health Care Entities. (Johnson, McGihon)

 

Creates the "Physician Designation Disclosure Act" to address the practice of health care entities (entities) making physician designations. Describes acceptable criteria for entities to use in making physician designations and requires a disclaimer to accompany any designation. Mandates that entities disclose all data and methodologies used in formulating designations if such information is requested by the designated physician or the commissioner of insurance. Physicians to challenge designations and describes the processes by which physicians may challenge designations. Makes violations of the act unfair and deceptive trade practices under insurance laws. Authorizes private rights of action as an enforcement mechanism.

 

Status: Passed Senate, Passed House, Sent to the Governor

 

SB 160

 

Support

 

Concerning Improvements To Health Care For Children. (Hagedorn, McGihon)

 

For the baby and kid care program under Medicaid:

4    Increases the percentage level of the federal poverty line for eligibility for persons at least 6 and under 19 years of age to 133%, effective July 1, 2009;

4    Provides for 12-month enrollment following eligibility, except for defined circumstances, and ensures continuous enrollment if eligible for the children's basic health plan.

For the children's basic health plan, increases the percentage level of the federal poverty line for eligibility from 205% to 225%, effective July 1, 2008, and, subject to available appropriations, authorizes the department of health care policy and financing ("department") to increase the level for eligibility to up to 250%. Directs the department to allow and actively seek organizations that do not provide direct medical services to presumptively determine eligibility for Medicaid and the children's basic health plan.

 

Status: Passed Senate, Passed House Health, Awaiting 3rd Reading

 

SB 161

 

Support

 

Concerning Eligibility For Public Medical Benefits, and making An Appropriation Therefore. (Boyd, Merrifield)

 

Subject to the receipt of sufficient gifts, grants, or donations to cover the costs, provides that the department of health care policy and financing ("department") shall adopt rules to:

4    Allow the department to verify income eligibility under Medicaid and the children's basic health plan through the records of the division of employment and training in the department of labor and employment ("division");

4    Allow applicants to submit income information more current than the records of the division; and

4    Reenroll recipients of Medicaid and the children's basic health plan if the records of the division establish the recipient's income eligibility.

Directs the advisory committee on covering all children in Colorado to investigate the feasibility of combining Medicaid and the children's basic health plan.

 

Status: Passed Senate, Passed House Health, Awaiting 3rd Reading

 

SB 163

 

Support

Level 3

 

Concerning The Creation Of An Autism Commission.

(Shaffer, Primavera)

 

Creates an autism commission to study autism spectrum disorders, identify existing services and gaps in services for people with autism spectrum disorders, and identify best practices in providing services. Directs the autism commission to develop a 10-year strategic plan for Colorado that:

4    Clarifies the array of services and supports needed for persons with autism spectrum disorders;

4    Provides effectively coordinated services and supports to persons with autism spectrum disorders in this state;

4    Estimates the funding and sources of funding needed to provide necessary and coordinated services to persons with autism spectrum disorders.

Specifies the duties of the commission. Specifies the membership of the autism commission. Directs the autism commission to report to the governor and the general assembly with a final report in the fall of 2009. Allows the department of human services to solicit and accept gifts, grants, and donations from private or public sources to fund the commission's work.

 

Status: Signed by the Governor 4/14/08

 

SB 164

 

Oppose

 

Concerning The Alignment Of The Limitation On Damages For Noneconomic Loss Or Injury In Actions Brought Pursuant To The "Health Care Availability Act" With The Limitation On Damages For Noneconomic Loss Or Injury In General Civil Actions. (Groff, Carroll)

 

Amends the definition of "direct noneconomic loss or injury" in actions brought under the "Health Care Availability Act" to exclude physical impairment or disfigurement. Aligns limitations on damages for noneconomic loss or injury in a medical malpractice case with the limitations for noneconomic loss or injury in other civil cases for acts or omissions occurring on or after July 1, 2008.

 

Status: Passed Senate, Laid Over in House Judiciary Committee

 

SB 173

 

Support

Level 2

 

Concerning Promoting The Physical Health Of Students In Schools, And, In Connection Therewith, Creating The Healthy Schools Grant Program And Making An Appropriation Therefore. (Williams, Todd)

 

Creates the healthy schools grant program ("program") in the department of education ("department") to promote the health of students in schools. Requires the department to administer the program. Requires the department to develop a standard application form for a school district to use in applying on behalf of a school for a grant from the program. Requires the commissioner of education ("commissioner") or his or her designee to review each application submitted by a school district and to announce which schools shall receive grants and the amount of grant moneys that each recipient school shall receive. Requires a school to satisfy minimum standards concerning nutrition, physical education, and physical activity to be eligible to receive a grant from the program.

 

Status: POSTPONED INDEFINITELY

 

SB 174

 

Support

Level 2

 

Concerning A Clarification That A Summary Disclosure Form Be Provided To A Health Care Provider At The Time A Health Care Contract Is Presented For Consideration. (Johnson, McGihon)

 

Clarifies that when a proposed health care contract is presented by a person or entity for consideration by a health care provider, the person or entity shall provide a summary disclosure form to the health care provider at the time the contract is presented.

 

Status: Signed by Governor 4/14/08

 

SB 185

 

Monitor

 

Concerning The Requirement That Pharmacists Obtain Consent Before Interchanging Drug Products For Prescribed Immunosuppressants. (Hagedorn)

 

Prohibits pharmacists from interchanging any drug product for a prescribed immunosuppressant unless the pharmacist obtains prior consent from both the prescribing practitioner and the purchaser. Defines terms.

 

Status: POSTPONED INDEFINITELY

 

SB 188

 

Monitor

 

Concerning The Establishment Of A Pilot Program For Colorado Hospitals To Collaborate With Direct-Care Nurses In Order To Model Professional Nursing Practice Involvement In Issues Of Importance To Nursing. (Boys, J.Kerr)

 

Creates the pilot program implementation committee (committee) for the purpose of developing and implementing a pilot program (program) for hospitals and their direct-care nurses to model professional nursing practice involvement in the decision-making processes for staffing issues of importance to nursing that are related to patient care and nursing work environments. Requires the committee, within 6 months after confirmation of sufficient funding, to develop the program and to complete the program within 18 months after the committee completes a study design.

 

Status: Passed Senate, Assigned to House Health

 

SB 190

 

Support

Level 2

 

Concerning The Requirement That Pharmacists Re-dispense Certain Unused Medications. (Tochtrop, Primavera)

 

Requires pharmacists to redistribute certain unused medications. Clarifies that the state board of pharmacy shall adopt rules to require pharmacists to redistribute such medications.

 

Status: Passed Senate, Assigned to House Health

 

SB 194

 

Support

Level 2

 

Concerning Public Health. (Hagedorn, McGihon)

 

Repeals statutes concerning county and district health departments, local boards of health, and regional health departments. Reenacts repealed sections concerning powers and duties of county and district health boards and agencies. Specifies duties of the state board of health ("state board") concerning public health. Subject to the receipt of gifts, grants, or donations, directs the department of public health and environment to develop a comprehensive public health plan to be approved by the state board. Creates a public health fund. Directs each county to either establish a county public health agency or join other counties in the establishment of a district public health agency. Specifies duties of county and district public health agencies, including the preparation of a local public health plan. Establishes county or district boards of health. Specifies membership and duties of the county or district boards of health, including the duty to select a public health director for the county or district public health agency. Specifies duties of a public health director. Clarifies that health care practitioners employed by county or district health agencies are considered governmental employees for purposes of governmental immunity.

 

Status: Passed Senate, Passed House Health, Awaiting 2nd Reading

 

SB 196

 

Support

Level 2

 

Concerning The Inclusion Of Nursing-Sensitive Quality Measures In The Comprehensive Hospital Information System. (Boyd, Tochtrop and Pommer)

 

Directs the association selected by the executive director of the department of public health and environment to help develop the comprehensive hospital information system and Colorado hospital report card to collect, review, and prepare to implement specified nursing-sensitive quality measures as part of the system and report card. Requires the association to study the results of field tests on the quality measures to determine if the measures can be implemented and if any of the measures should be redefined. Prioritizes the implementation of certain nursing-sensitive quality measures and requires other such measures to be implemented by November 30, 2010. Obligates the association to involve and seek input from direct-care nurses recommended by the governor in reviewing and implementing the measures.

Requires the association to develop a process for access to the collected data for research purposes, and allows the association to exempt hospitals with not more than 100 licensed beds from the requirements regarding nursing-sensitive quality measures.

 

Status: Passed Senate, Passed House, Sent to Governor

 

SB 211

 

Support with Amendments

 

Concerning Medical Payments Coverage In Connection With An Automobile Insurance Policy Issued In Colorado. (Tochtrop)

 

Requires an automobile insurance policy issued or renewed on or after January 1, 2009, to contain medical payments coverage of a specified amount and for a specified period for payment of reasonable, necessary, and accident-related medical evidence-based health care and rehabilitation services provided for bodily injury arising out of the ownership, maintenance, or use of a motor vehicle. Specifies to whom medical payments coverage benefits are to be paid and the priority of payments to be made to providers for providing health care services to an injured person. Presumes that the minimum amount and period of medical payments coverage is included in an automobile insurance policy if the insurer fails to include the coverage in the policy. Specifies the reimbursement rate to be paid to providers and establishes a minimum level for such reimbursement rates.

Preserves the right of an injured person to choose his or her health care provider. Requires an insurer to honor a proper assignment of benefits to a health care provider and to promptly pay claims for medical payments coverage. Prohibits an insurer providing benefits under medical payments coverage from recovering the cost of such benefits from an owner, user, or operator of a motor vehicle, or against any person or organization legally responsible for the acts or omissions of such person, in any action for damages. Specifies that an insurer shall not have a direct cause of action against an alleged tortfeasor for benefits paid under medical payments coverage. Preserves the rights of an insurer to recover medical payments coverage benefits when the benefits were paid by reason of fraud.

Modifies the disclosures required to be made to policyholders to clarify that, if an insured is also covered under a health insurance policy, the insured's medical payments coverage is primary to the health insurance coverage, will provide coverage before the health insurance coverage, and will apply to any coinsurance or deductible amounts required by the health insurance policy.

 

Status: POSTPONED INDEFINITELY

 

SB 217

 

Monitor- Pursue Amendments

 

Concerning The Framework For Developing The Centennial Care Choices Program To Reform The Health Care System In Colorado. (Hagedorn, McGihon and Massey)

 

Authorizes the creation of the centennial care choices program (program) to reduce the state's uninsured population and improve access to affordable health care.

 

Status: Passed Senate, Assigned to House Health

 

SB 220

 

Monitor

 

Concerning The Authority Of Certain Health Care Facilities To Employ Physicians. (Boyd, Reisberg)

 

In addition to licensed or certified hospitals and licensed hospices, allows a community mental health center currently licensed by the department of public health and environment (department), a federally qualified health center, or a rural health clinic to employ a physician as long as the center or clinic:

4    Does not limit or exercise control over the physician's independent judgment; and

4    Does not offer the physician any percentage of fees charged to patients by the center or clinic or any other financial incentive.

Requires a center licensed by the department that employs a physician to report to the department, upon initial and renewal license application, the number of physicians so employed by the center. Requires a federally qualified health center or rural health clinic that employs a physician to annually report to the department the number of physicians so employed. Requires the Center's or clinic's policies to contain a procedure for physicians to make complaints alleging a violation of the requirements pertaining to the employment of physicians by such centers or clinics.

 

Status: Passed Senate. Passed House Health, Awaiting 2nd Reading

 

HB 1009

 

Support in Concept

 

 

Concerning Emergency Trauma Care Coverage in Connection with an Automobile Insurance Policy.  (Massey, Morse)

 

Requires all Colorado issued automobile insurance policies contain at least $15,000 emergency medical care coverage to cover the costs of all medically necessary and accident-related emergency medical care.

 

Status: Assigned to House Business Affairs and Labor Committee

 

HB 1020

 

Monitor

 

Concerning Recovery Costs in Civil Suits. (Madden, Veiga)

 

Requires a defendant to cover the actual costs that accrue pre-offer of settlement when the plaintiff rejects a defendant's settlement offer and recovers less than the settlement offer in the final judgment.

 

Status: Signed by the Governor on 2/21/08

 

HB 1032

 

Support