Bill Summary for Bill Number HB10-1202

Date: 02/03/2010

Final
BILL SUMMARY for HB10-1202

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View-->	Action Taken:
Moved amendment L.003 (Attachment J). The motion Moved to refer House Bill 10-1202, as amended, to	Pass Without Objection PASS

02:53 PM -- House Bill 10-1202

The committee took a brief recess.

02:57 PM

The committee was called back to order. Representative McNulty and Representative Primavera, co-prime sponsors, presented House Bill 10-1202 concerning health benefit coverage for chemotherapy treatment. This bill requires a health benefit plan that provides coverage for cancer chemotherapy treatment to cover orally administered anticancer medication at the same copayment percentage or relative coinsurance amount as is applied to intravenously administered or injected anticancer medication. An oral medication is covered by the bill if it is approved by the federal Food and Drug Administration, determined to be medically necessary, and not prescribed primarily for the convenience of the patient, physician, or other health care provider. The carrier cannot increase patient out-of-pocket costs for intravenously administered or injected chemotherapy to comply with the bill. Carriers can specify which oral medications they cover (formulary) and substitute an oral generic medication when available.

02:59 PM

Representative Primavera talked about her experience with cancer and chemotherapy. Representative McNulty talked about the dangers of cancer and the treatment. He talked about a similar bill that was brought last year and the differences between that bill and House Bill 10-1202. Representative Stephens asked whether the bill would go to the mandate commission and whether it will increase health insurance premiums. A discussion ensued regarding the costs involved with the bill.

03:10 PM -- Marc Reece, representing the Colorado Association of Health Plans, testified against the bill as introduced. Representative Rice asked Mr. Reece to comment on Representative Middleton's earlier comments about her father having coverage for the intravenous treatment in the nursing home, but not at his home, thus making it more beneficial to stay in the nursing home.

03:13 PM -- Susan Cox, representing Kaiser Permanente, testified on the bill and distributed a handout (Attachment G). She said the bill would cause an administrative burden with no additional health benefits to members because they already cover this. She explained the code changes that would need to be changed if the bill passes and the time involved. Representative Rice asked why anything would need to change since they already cover this. Ms. Cox responded. A discussion ensued regarding why changes are necessary and how to avoid them since Kaiser Permanente is complying with the provisions of the bill. Ms. Cox responded to additional questions from the committee.

03:28 PM -- Jared Freml, representing Kaiser Permanente, testified on the bill. He said the bill has good intentions, but there will be some negative unintended consequences. Mr. Freml went over the handout that was distributed earlier and directed the committee to page two. Representative Liston asked a question about the handout and the costs related involved with certain medications and how that would affect premiums.

03:34 PM -- Travis Berry, representing the Colorado Competitive Council, testified against the bill. He said costs are going to affect the cost of health insurance. Mr. Berry talked about the fiscal note.

03:37 PM -- Dana Dzwankowski, representing the American Cancer Society and the Cancer Action Network, testified in support of the bill and distributed a handout (Attachment H). Ms. Dzwankowski talked about costs involved. She walked the committee through the handout. Ms. Dzwankowski talked about the Food and Drug Administration approval process. Representative Liston asked what percent of individuals that may be eligible for these drugs are receiving them and how many of those are in an ERISA plan. Ms. Dzwankowski responded.

03:49 PM -- Dr. Nicholas DiBella, representing Rocky Mountain Cancer Centers, testified in support of the bill. He explained that there are many cancers that are treated only with oral chemotherapy and cannot be treated with IV drugs. Dr. DiBella responded to questions from the committee. He also addressed the discussion of the danger of these drugs from earlier.

03:54 PM -- Ron Lanning, representing himself, testified in support of the bill. He said his oncology nurse brought the bill to his attention. Mr. Lanning talked about his experience with pancreatic and liver cancer. He discussed the number of treatments he received, including chemotherapy. Mr. Lanning said he was prescribed an oral anticancer medication that would cost him $600 a month. He used a patient assistance program for a different medication that ended up costing $200. Mr. Lanning then tried the original medication again, but it was still too costly and talked about the adverse effects of another medication he tried that did not work. Mr. Lanning said once he was eligible for Medicare, he started the original medication that was too costly before because it was covered under Medicare. He said once he went on that medication late last year, his cancer went into remission and he can function now. Mr. Lanning said he wonders how his life would have been if he could have had the medication from the start when it was first prescribed in January 2008. (Attachment I)

04:17 PM -- Jill Fricker, representing the Susan G. Komen Foundation, testified in support of the bill.


BILL:	HB10-1202
TIME:	04:21:10 PM
MOVED:	Gagliardi
MOTION:	Moved amendment L.003 (Attachment J). The motion passed without objection.
SECONDED:	Soper
		VOTE
	Balmer
	Bradford
	Casso
	Kerr A.
	Liston
	Middleton
	Priola
	Soper
	Stephens
	Gagliardi
	Rice

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1202
TIME:	04:22:34 PM
MOVED:	Bradford
MOTION:	Moved to refer House Bill 10-1202, as amended, to the Committee of the Whole. The motion passed 10-1.
SECONDED:	Gagliardi
		VOTE
	Balmer	Yes
	Bradford	Yes
	Casso	Yes
	Kerr A.	Yes
	Liston	No
	Middleton	Yes
	Priola	Yes
	Soper	Yes
	Stephens	Yes
	Gagliardi	Yes
	Rice	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:23 PM

The committee adjourned.