First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0126.01 Kristen Forrestal HOUSE BILL 05-1006 HOUSE SPONSORSHIP Larson, SENATE SPONSORSHIP Isgar, House Committees Senate Committees Business Affairs and Labor A BILL FOR AN ACT Concerning the requirement that a person's health coverage plan be made primary to medical payments coverage in certain circumstances. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires a health coverage plan to be primary to medical payments coverage for a person injured in a motor vehicle accident. Requires the medical payments coverage to apply to any coinsurance or deductible required by the injured person's health coverage. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 10-4-641, Colorado Revised Statutes, is amended to read: 10-4-641. Rules - medical payments coverage. (1) The commissioner shall promulgate any necessary rules for the administration of medical payments coverage and coordination of benefits. Medical payments coverage A health coverage plan, as defined in section 10-16-102 (22.5), shall be primary to any health insurance benefit medical payments coverage of a person injured in a motor vehicle accident; and except that medical payments coverage shall apply to any coinsurance or deductible amount required by the injured such person's health coverage plan. as defined in section 10-16-102 (22.5). (2) This section is repealed, effective July 1, 2005. SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 10, 2005, if adjournment sine die is on May 11, 2005); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to policies issued on or after the applicable effective date of this act.