First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0651.01 Kristen Forrestal HOUSE BILL 05-1245 HOUSE SPONSORSHIP Solano, and Madden SENATE SPONSORSHIP Tochtrop, House Committees Senate Committees Health and Human Services A BILL FOR AN ACT Concerning the reporting requirements regarding persons receiving public health care benefits. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires an applicant for health care benefits administered by the department of health care policy and financing (state department), including, but not limited to, benefits provided pursuant to the "Colorado Medical Assistance Act" and the children's basic health plan, and a person requesting uncompensated care in a hospital to identify the employer or employers of the proposed beneficiary of the health care benefits, or if the beneficiary is not employed, the adult responsible for providing the beneficiary's support. Requires the state department to report annually to the general assembly regarding employers with 25 or more employees who are public health program beneficiaries. Requires the state department to make the report available to any person who requests such report. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 2 of article 1 of title 25.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 25.5-1-203. Programs administered by the department - uncompensated care - reporting requirements. (1) An applicant for health care benefits under programs administered by the state department and a person requesting uncompensated care in a hospital shall identify the employer or employers of the proposed beneficiary of health care benefits. In the event the proposed beneficiary is not employed, the applicant shall identify the employer or employers of any adult who is responsible for providing all or some of the proposed beneficiary's support. (2) On or before February 1 of each year, the state department shall transmit a report to the general assembly identifying all employers identified pursuant to the application requirements in subsection (1) of this section who employ twenty-five or more public health program beneficiaries. In determining whether the twenty-five-employee threshold is met, the state department shall include all pubic health program beneficiaries employed by the employer and its subsidiaries at all locations within the state. The report shall include each employer's name, location or locations, the total number of employees and dependents who are enrolled in each state department administered health care program, and the total cost to the state for providing health care benefits for the employees and enrolled dependents of each named employer. The report shall not include the names of any individual persons receiving benefits and shall be subject to privacy standards pursuant to the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. sec. 1320d to 1320d-8, as amended. (3) Any member of the public has a right to request a copy of the report provided to members of the general assembly pursuant to subsection (2) of this section, and the state department shall make such report available to the person making the request. (4) For the purposes of this section, "proposed beneficiary" means an individual who files an application for benefits or hospital care for himself or herself, or for another individual on whose behalf an application is filed, including but not limited to children or other dependents of the applicant or other individual for whom the application is filed. SECTION 2. Effective date. 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.