Bill Summary for Bill Number SB09-132

Date: 02/12/2009

Final
BILL SUMMARY for SB09-132

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Adopt prepared amendment L.001, as amended. The m Amend prepared amendment L.001 (Attachment T), pag Page 1, line 104, strike "repealing" and substitut Refer Senate Bill 09-132, as amended, to the Commi	PASS PASS Pass Without Objection PASS

06:40 PM -- Senate Bill 09-132

Senator Boyd introduced Senate Bill 09-132. The bill repeals the Colorado Cares Rx Act and requires the Department of Health Care Policy and Financing to make information about lower-cost generic or discounted prescription drugs available to the public. She explained the evolution and intent of the Colorado Cares Rx Program, and stated that the program only serves 40 people currently. She stated that the program has a lot of associated employes, and that it hasn't experienced the enrollment that was anticipated when legislation creating the program was passed in 2005. She distributed amendment L.001 (Attachment T). The amendment retains the Colorado Cares Rx Act, but amends the requirements of the act, specifying that in addition to providing public information about lower cost prescription drugs, the department must research cost-effective programs or mechanisms by which low-income, uninsured persons may purchase lower-cost prescription drugs. The department must report annually to the Health and Human Services Committee regarding the bill's provisions. Senator Boyd responded to questions from Senator Lundberg regarding a portion of the legislative declaration contained in the Colorado Cares Rx Act and Senator Carroll regarding whether the bill removes the statutory authority for the Colorado Cares Rx program from the statutes. Senator Boyd stated that the statutory authorization for the program would be kept, but the program rules would be struck.

06:48 PM -- Ginny Brown, Colorado Department of Health Care Policy and Financing, testified that the department attempted to implement the program as specified in statute, but that the department is now asking that the program be modified. She stated that the department would like to provide resources to the public regarding discount drugs, and would like the authority to explore other options related to a discount drug program. She stated that the department found that there was not a market for the program authorized by statute.

06:50 PM -- Kerri Coffey, Colorado Department of Health Care Policy and Financing, testified regarding the steps the department took to attempt to implement the program. She described the provisions of the program that currently exist in statute. She testified that the department attempted to negotiate prices for drugs, but because there was not an identified population who would participate in the program, negotiations on the drug prices were not successful. She explained that there were several existing mechanisms to allow individuals to purchase drugs at a discounted prices, and that it was determined that the most efficient way to implement the program would be to contract with an existing company. She stated that the current company who is contracted to implement the program does not wish to continue as the contractor for the program. She stated that the department has determined that the best way to go forward is to make information available to the public concerning low-cost prescription drug programs. She responded to questions from Senator Schultheis regarding how the information will be disseminated to the public.

07:02 PM -- Kelli Fritts, AARP, testified regarding concerns with Senate Bill 09-132. She stated that Colorado Cares Rx Program has never been implemented as originally envisioned. She stated that the Maine Rx Program allows consumers to purchase drugs at prices that are negotiated through the use of a preferred drug list and a multistate purchasing agreement. She stated that a good discount drug program in Colorado is needed, and she would like that program to be modeled on the Maine Rx Program. Two handouts were distributed to the committee (Attachments U and V).

(Attachment V can be viewed at State Archives)

07:05 PM -- Greg Glischinski, AARP, offered to answer committee questions. Ms. Fritz responded to questions from Senator Carroll regarding why Colorado didn't implement a program similar to Maine's. Mr. Glischinski spoke to how an internet website promoting certain discount programs may be viewed by the public.

07:08 PM -- Brad Young, Rx Plus Pharmacies, testified regarding the implementation of the Colorado Cares Rx Program, stating that his organization was upset with the implementation of the program through a mail order discount drug company. He stated that changes need to be made to the current program.

07:18 PM -- Chris Underwood, Colorado Department of Health Care Policy and Financing, discussed reasons why the Colorado Cares Rx Program could not be implemented in a manner similar to the program in Maine. He responded to questions from Senator Carroll regarding why the department was unable to identify the specific population that would benefit from the program. He stated that the prescription drug market changed during the implementation of the Colorado Cares Rx program, creating other options for consumers to access discounted drugs. He responded to questions from Senator Newell regarding the bill's provisions and whether the program should be repealed.

07:26 PM

Senator Boyd gave concluding remarks regarding the bill.


BILL:	SB09-132
TIME:	07:27:42 PM
MOVED:	Lundberg
MOTION:	Amend prepared amendment L.001 (Attachment T), page 1, strike lines 19 and 20; page 2, strike lines 1 through 3 and substitute the same language in strike-type. The amendment strikes paragraph (d) from the current statutory legislative declaration for the Colorado Cares Rx Program. The amendment passed on a 4-3 roll call vote, with one member excused.
SECONDED:
		VOTE
	Carroll M.	No
	Lundberg	Yes
	Mitchell	Excused
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	No
	Boyd	No

Not Final YES: 4 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-132
TIME:	07:31:45 PM
MOVED:	Boyd
MOTION:	Adopt prepared amendment L.001, as amended. The motion passed on a 5-2 roll call vote, with one member excused.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	No
	Mitchell	Excused
	Morse	Yes
	Newell	Yes
	Schultheis	No
	Tochtrop	Yes
	Boyd	Yes

Not Final YES: 5 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-132
TIME:	07:33:06 PM
MOVED:	Boyd
MOTION:	Page 1, line 104, strike "repealing" and substitute "modifying". The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell	Excused
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-132
TIME:	07:33:41 PM
MOVED:	Boyd
MOTION:	Refer Senate Bill 09-132, as amended, to the Committee on Appropriations. The motion passed on a 6-1 roll call vote, with one member excused.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	No
	Mitchell	Excused
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Final YES: 6 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

07:36 PM

Adjourn.