Date: 02/19/2015

Final
BILL SUMMARY for HB15-1163

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment G). The motion p
Postpone House Bill 15-1163 indefinitely. The moti
Refer House Bill 15-1163, as amended, to the Commi
Pass Without Objection
PASS
FAIL



04:24 PM -- HB 15-1163

The committee recessed.

04:32 PM

The committee came back to order. Representative Klingenschmitt presented House Bill 15-1163. Conditional upon a repeal of all or part of the federal Patient Protection and Affordable Care Act (PPACA), the bill automatically repeals the corresponding provisions in state law enacted by House Bill 13-1266 to align state health insurance laws with the requirements of the PPACA. The Commissioner of Insurance is required to notify the Revisor of Statutes if federal action is taken to repeal all or part of the PPACA in order to trigger the repeal of the various provisions in House Bill 13-1266.

The provisions of House Bill 13-1266 that are subject to repeal under the bill include:

• the mandatory issuance and renewal of health insurance policies;
• the prohibition against exclusions for pre-existing conditions;
• the requirement that health insurance plans cover children of policyholders up to age 26;
• the requirement that health insurance plans cover certain essential health benefits at various coverage levels;
• the open and special enrollment periods to purchase insurance in the individual and small group markets and required grace periods in which insured individuals may pay premiums;
• the prohibition against discrimination with respect to participation under an insurance plan by any provider acting within the scope of his or her license;
• fair market practices;
• the requirement that continuing coverage be offered to employees who are no longer employed by an employer; and
• procedures for the denial of benefits and internal reviews.

The bill maintains the existing requirements for maternity and contraception coverage and specifies that the mandated contraception coverage only applies to contraception that does not destroy an embryo. Also, the bill places a 20 percent cap on wellness coverage incentives, which can be adjusted in rule under current law.

Representative Klingenschmitt provided two handouts (Attachments C and D). He discussed the information provided in the handouts and expressed concern about unintended consequences of the PPACA. Committee members discussed insurance policy cancellations and insurance coverage for preexisting conditions with Representative Klingenschmitt.

150219 AttachC.pdf150219 AttachC.pdf150219 AttachD.pdf150219 AttachD.pdf

04:44 PM

Committee discussion with Representative Klingenschmitt continued regarding specific provisions of the bill and the bill's contingent nature. Committee dialogued about the PPACA ensued.

05:03 PM --
Tony Gagliardi, National Federation of Independent Business, testified in support of the bill. He discussed his organization's position on the PPACA and its impact on small business. Mr. Gagliardi discussed his organization's position on the establishment of Colorado's health exchange. Mr. Gagliardi answered questions about health care reform, health insurance coverage for preexisting conditions, and the contingent nature of the bill.

05:18 PM --
A.W. Schnellbacher, Jr., AARP Colorado, testified in opposition to the bill. He discussed the implementation of Medicare and polling data on the PPACA. Mr. Schnellbacher relayed information about health care reform efforts in Colorado. Mr. Schnellbacher answered questions about whether AARP sells health insurance and the federal funding for the PPACA.

05:33 PM --
Scott Rankin, representing himself, testified in support of the bill. He discussed health insurance policy cancelation notices and funding for Colorado's health exchange and Medicaid expansion. Mr. Rankin answered questions about direct-pay physicians and the health insurance market prior to the enactment of the PPACA. The committee dialogued with Mr. Rankin about rescission of health insurance plans prior to enactment of the PPACA.

05:49 PM --
Amber Burkhart, Colorado Consumer Health Initiative, testified in opposition to the bill. She read from the handout she provided to the committee (Attachment E).

150219 AttachE.pdf150219 AttachE.pdf

05:53 PM --
Allison Neswood, Colorado Center on Law and Policy, testified in opposition to the bill. She discussed health care and health insurance prior to the enactment of the PPACA. Ms. Neswood talked about the bill's contingent nature. Ms. Neswood answered questions about whether people were denied health care prior to the enactment of the PPACA.

06:00 PM --
Michael Schlierf, representing himself, testified on the bill. He discussed the cancellation of his health insurance policy and how he believes the PPACA limits consumer choice. Mr. Schlierf answered questions about his out-of-pocket costs for health care under his previous health insurance plan.

06:04 PM --
Michael Lott-Manier, Mental Health America of Colorado, testified in opposition to the bill. He conveyed information about the Blue Ribbon Commission for Health Care Reform, other health initiatives in Colorado, and House Bill 13-1266. Mr. Lott-Manier discussed mental health parity. Mr. Lott-Manier dialogued with the committee about the PPACA, as well as catastrophic insurance coverage.

06:19 PM --
Peg Brown, Division of Insurance in the Department of Regulatory Agencies, testified on the bill in a neutral capacity. She outlined the history of the provisions in the bill. Ms. Brown answered questions about House Bill 13-1266, health insurance cancellation notices, and Colorado's health insurance market. Ms. Brown dialogued with the committee about the PPACA and House Bill 13-1266. Ms. Brown distributed a handout (Attachment F).

150219 AttachF.pdf150219 AttachF.pdf

06:36 PM

Representative Landgraf discussed amendment L.001 (Attachment G).

150219 AttachG.pdf150219 AttachG.pdf
BILL:HB15-1163
TIME: 06:37:14 PM
MOVED:Landgraf
MOTION:Adopt amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:Brown
VOTE
Brown
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Mitsch Bush
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



06:37 PM

Representative Klingenschmitt made closing remarks about the bill. He referenced a letter from Don Rogers (Attachment H). Committee members commented on the bill.

150219 AttachH.pdf150219 AttachH.pdf
BILL:HB15-1163
TIME: 06:49:55 PM
MOVED:Klingenschmitt
MOTION:Refer House Bill 15-1163, as amended, to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED:Joshi
VOTE
Brown
Yes
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
No
Mitsch Bush
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1163
TIME: 06:51:15 PM
MOVED:Ginal
MOTION:Postpone House Bill 15-1163 indefinitely. The motion passed on a vote of 7-6.
SECONDED:Esgar
VOTE
Brown
No
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS




06:52 PM

The committee adjourned.