Prayer by Rabbi Yakov Chaitovsky, BMH-BT Congregation, Denver.

The Speaker Pro Tempore called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--63.

Absent and excused--Representatives C.Berry, George--2.

Present after roll call--Representative George.

The Speaker declared a quorum present.

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On motion of Representative Arrington, the reading of the journal of January 14, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.

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REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

After consideration on the merits, the Committee recommends the following:

HB98-1039 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:

Amend printed bill, page 2, line 1, strike "EIGHT THOUSAND DOLLARS;" and substitute "TWENTY-FIVE THOUSAND DOLLARS;";

line 3, strike "FIVE THOUSAND DOLLARS;" and substitute "TWENTY-FIVE THOUSAND DOLLARS;";

line 5, strike "FIVE THOUSAND DOLLARS;" and substitute "TWENTY-FIVE THOUSAND DOLLARS;";

line 6, strike "EIGHT THOUSAND DOLLARS;" and substitute "TWENTY-FIVE THOUSAND DOLLARS;";

line 9, strike "SIX THOUSAND DOLLARS;" and substitute "TWENTY-FIVE THOUSAND DOLLARS;";

line 11, strike "TWO THOUSAND DOLLARS." and substitute "TWENTY-FIVE THOUSAND DOLLARS.".

BUSINESS AFFAIRS AND LABOR

After consideration on the merits, the Committee recommends the following:

HB98-1025 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 1, after line 1, insert the following:

"SECTION 1.  10­4­706 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

10­4­706.  Required coverages ­ complying policies ­ PIP examination program. (1)  Subject to the limitations and exclusions authorized by this part 7, the minimum coverages required for compliance with this part 7 are as follows:

(f) (I)  WITH RESPECT TO THE MEDICAL AND REHABILITATION EXPENSE PROVISIONS IN PARAGRAPHS (b) AND (c) OF THIS SUBSECTION (1), AN INSURER SHALL MAKE AVAILABLE AND PROVIDE AT THE OPTION OF THE NAMED INSURED, DEDUCTIBLES AND COINSURANCE ARRANGEMENTS. PURSUANT TO SUCH DEDUCTIBLES AND COINSURANCE ARRANGEMENTS, THE RECIPIENT OF THE CARE, TREATMENT, SERVICES, PRODUCTS, EXPENSES, OR ACCOMMODATIONS SHALL SHARE IN THE PAYMENT OBLIGATIONS FOR SUCH CARE, TREATMENT, SERVICES, PRODUCTS, EXPENSES, OR ACCOMMODATIONS.

(II)  ANY DEDUCTIBLES AND COINSURANCE ARRANGEMENTS PROVIDED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (f) SHALL APPLY ONLY TO THE NAMED INSURED, RESIDENT SPOUSE, RESIDENT RELATIVE, AND PERSONS OPERATING THE COVERED MOTOR VEHICLE WITH THE PERMISSION OF THE NAMED INSURED OR RESIDENT SPOUSE.

(III)  FOR PURPOSES OF THIS PARAGRAPH (f), "RESIDENT RELATIVE" HAS THE SAME MEANING AS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH (d) OF SUBSECTION (2) OF THIS SECTION.".

Renumber the succeeding sections accordingly.

Page 1, line 5, after "(a)" insert "(I)";

strike lines 9 and 10 and substitute the following:

"organization. INSURERS SHALL MAKE DEDUCTIBLES AND COINSURANCE OPTIONS AVAILABLE IN such policy. option may include INSURERS MAY MAKE AVAILABLE OTHER OPTIONS, conditions, and limitations to coverage. including,".

Page 2, strike lines 1 through 5 and substitute the following:

"but not limited to, deductibles and coinsurance requirements, as approved by the commissioner. The commissioner shall approve such DEDUCTIBLES, COINSURANCE OPTIONS, conditions, and limitations unless a finding is made by the commissioner that such DEDUCTIBLES, COINSURANCE OPTIONS, conditions, and limitations are unreasonable when compared with benefits provided.";

after line 5, insert the following:

"(II)  WHEN A PERSON MAKES AN INITIAL APPLICATION FOR INSURANCE COVERAGE UNDER THIS PART 7, IN ADDITION TO ANY OTHER REQUIREMENTS ESTABLISHED BY LAW, THE INSURER SHALL DISCLOSE IN THE SAME MEDIUM AS THAT IN WHICH THE APPLICATION WAS TAKEN, OR IN OTHER WRITTEN FORM, THE FOLLOWING INFORMATION REGARDING MANAGED CARE OPTIONS:

(A)  THAT MOTOR VEHICLE INSURANCE POLICIES IN COLORADO MAY INCLUDE OPTIONAL MANAGED CARE ARRANGEMENTS, INCLUDING, BUT NOT LIMITED TO, HEALTH MAINTENANCE ORGANIZATIONS AND PREFERRED PROVIDER ORGANIZATIONS;

(B)  WHAT MANAGED CARE IS AND HOW IT AFFECTS THE CONSUMER; AND

(C)  WHETHER THE INSURER OFFERS SUCH A MANAGED CARE OPTION AND, IF SO, THE DISCLOSURE SHALL INDICATE THAT POTENTIAL COST SAVINGS MAY BE OBTAINED IF AN INSURED CHOOSES TO ACCEPT A MANAGED CARE OPTION.";

line 11, strike "(I)";

strike lines 17 through 26 and substitute the following:

"(2). A DISCLOSURE FORM FOR A MANAGED CARE ARRANGEMENT SHALL INCLUDE THE FOLLOWING INFORMATION IN TYPE OF AT LEAST TWELVE­POINT SIZE:

(I)  THAT A POLICY CONTAINING A MANAGED CARE OPTION MAY BE ACCEPTED OR REJECTED BY THE NAMED INSURED AT ANY TIME UPON NOTICE TO THE INSURER OR ITS AGENT PROVIDED NO ACCIDENT GIVING RISE TO A CLAIM HAS OCCURRED AT THE TIME SUCH CHANGE IS REQUESTED;

(II)  THAT OBTAINING OR RENEWING THE INSURANCE POLICY IS NOT DEPENDENT UPON ACCEPTING A MANAGED CARE OPTION; AND

(III)  WHAT THE APPROXIMATE COST SAVINGS WOULD BE IF THE MANAGED CARE OPTION WAS ACCEPTED.".

EDUCATION

After consideration on the merits, the Committee recommends the following:

HB98-1095 be referred to the Committee of the Whole with favorable recommendation.

HB98-1108 be postponed indefinitely.

HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS

After consideration on the merits, the Committee recommends the following:

HB98-1015 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 4, line 12, after "HUMAN SERVICES" insert "PURSUANT TO ARTICLE 10.5 OF TITLE 27, C.R.S.,";

strike lines 13 and 14 and substitute the following:

"support of persons with developmental disabilities; pursuant to article 10.5 of title 27, C.R.S.; and".

HB98-1046 be postponed indefinitely.

HB98-1076, 1094 be referred to the Committee of the Whole with favorable recommendation.

HB98-1082 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 3, line 5, strike "IS AUTHORIZED" and substitute "MAY AUTHORIZE COUNTY DEPARTMENTS OF SOCIAL SERVICES";

line 6, strike "OF" and substitute "RELATED TO".

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PRINTING REPORT

The Chief Clerk reports the following bills have been correctly printed: HB98-1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, and 1226.

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LAY OVER OF CALENDAR ITEMS

On motion of Representative Anderson, Consideration of General Orders (HB98-1016, 1074, 1078, 1031, 1084, 1022, 1035, 1056) was laid over until January 16, retaining place on Calendar.

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On motion of Representative Anderson, the House adjourned until 9:00 a.m., January 16, 1998.

Approved:

CHARLES E. BERRY,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk