Weekly Legislative Report

Created for

Colorado Chapter, ACEP

April 5, 2012

 

Bill: HB12-1017

Title:

Extend Local Access Health Care Pilot

 

Status

Introduced In Senate - Assigned to Local Government (03/13/2012)

 

Senate Sponsors

A. Giron (D)

 

House Sponsors

S. Pace (D)
K. Swerdfeger (R)

 

Official Summary

Under current law, the authority of the board of county commissioners (board) of Pueblo county to operate, either itself or through a contractor, a local access to health care pilot program in the county expires on July 1, 2012. The bill extends the repeal date for the pilot program and the board's authority for another 5 years, through July 1, 2017.

 

Position

Monitor

 

 

Bill: HB12-1041

Title:

Electronic Death Registration System

 

Status

Senate Committee on Finance Refer Unamended to Appropriations (03/20/2012)

 

Senate Sponsors

L. Guzman (D)

 

House Sponsors

J. Labuda (D)

 

Official Summary

The bill directs the department of public health and environment to create an electronic death registration system for purposes of allowing persons responsible for reporting death information to the office of the state registrar of vital statistics to do so electronically.

 

Position

Monitor

 

 

Bill: HB12-1052

Title:

Health Care Work Force Data Collection

 

Status

Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole (03/23/2012)

 

Senate Sponsors

E. Roberts (R)
B. Boyd (D)

 

House Sponsors

K. Summers (R)

 

Official Summary

The bill requires the director of the division of registrations in the department of regulatory agencies (director) to implement a system to collect health care work force data from health care professionals who are eligible for the Colorado health service corps, from practical and professional nurses, and from pharmacists. The bill requires a voluntary advisory group designated by the director of the primary care office to recommend the structure of the data elements to be collected regarding specific information about each health care professional and his or her practice. The director is authorized to accept and expend any gifts, grants, or donations that may be available from any private or public sources for the implementation of the data collection system.

 

Position

Monitor

 

 

Bill: HB12-1054

Title:

Simplify Procurement DHCPF Health Care Providers

 

Status

Governor Action - Signed (03/16/2012)

 

Senate Sponsors

B. Boyd (D)

 

House Sponsors

R. Fields (D)

 

Official Summary

The bill simplifies the procurement process by exempting the department of health care policy and financing (department) and a health care provider from certain state fiscal rule requirements concerning standard state contracts and commitment vouchers when the department has regulatory authority over the program and when the provider has already signed a department-approved provider application to provide services under department-administered programs or to bill for services provided under those programs.

Applicable programs include medicaid, the children's basic health plan, the Colorado indigent care program, the school health services program, services funded by the primary care fund, and the health and medical care program for old age pensioners. Eligible providers include health care providers, mental health care providers, pharmacists, home health agencies, and other providers authorized under the applicable department-administered programs who provide health care, health care coordination, or outreach, enrollment, or administrative support services.

 

Position

Monitor

 

 

Bill: HB12-1058

Title:

Health Department Infant Eye Prophylaxis

 

Status

AM 04:10 Signed by the President of the Senate (03/22/2012)

 

Senate Sponsors

J. Nicholson (D)

 

House Sponsors

J. Joshi (R)

 

Official Summary

Currently, the department of public health and environment is required to name, approve, and provide, free of charge, a prophylaxis to be used in treating the eyes of newly born infants. The bill deletes these requirements and requires the health care provider in charge of the birth to treat an infant with a prophylaxis that is in accordance with the current medical standard of care. The bill also deletes the penalty provision for a health care provider who violates the statutes relating to infant eye prophylaxis.

 

Position

Monitor

 

 

Bill: HB12-1059

Title:

Military Spouse Practice Occupation Profession

 

Status

Introduced In Senate - Assigned to State, Veterans & Military Affairs (03/20/2012)

 

Senate Sponsors

K. King (R)

 

House Sponsors

M. Looper (R)

 

Official Summary

The bill authorizes military spouses to practice in a regulated profession or occupation other than real estate for one year if the spouse is licensed, registered, or certified to practice in another state; there is no other reason to deny the license; and the person consents to be governed by Colorado law. If applying for authority to continue to practice in Colorado, the applicant must notify the agency that the person is practicing in Colorado and include the contact information for the applicant's employer. If the agency denies the application, the agency notifies the employer. The director of the division of registrations may promulgate rules to implement the bill.

The bill also directs agencies to exempt regulated persons who are on active duty for more than 120 days from the requirement to pay certification fees and complete continuing education that became due during the period of active duty, with the exemption continuing for 6 months after the period of active duty. An agency may accept continuing medical education, training, or service from the armed services in satisfaction of Colorado continuing education requirements.

A service member or spouse who is an emergency medical service provider certified or licensed in another state is exempt from certification in Colorado. The term "emergency medical technician" is changed to "emergency medical service provider" to align with the trend in other states.

 

Position

Monitor

 

 

Bill: HB12-1065

Title:

Deadline Advan Prac Nurse Retain Prescriptive Auth

 

Status

AM 04:10 Signed by the President of the Senate (03/22/2012)

 

Senate Sponsors

J. Nicholson (D)

 

House Sponsors

P. Lee (D)

 

Official Summary

Pursuant to legislation in 2009, the standards for advanced practice nurses (APNs) to obtain prescriptive authority were modified to require APNs, in addition to obtaining specified levels of education and experience, to develop an articulated plan for safe prescribing that documents how the APN will collaborate with physicians and other health care professionals in his or her practice of prescribing medications. Under the 2009 legislation, APNs who were granted prescriptive authority prior to July 1, 2010, were permitted to retain that authority but were required to develop an articulated plan of safe prescribing within one year, or by July 1, 2011.

The bill allows the state board of nursing, on a case-by-case basis, to extend the deadline by which APNs with prescriptive authority granted before July 1, 2010, are required to develop an articulated plan, but in no case is the board allowed to extend the deadline beyond July 1, 2012. An APN seeking a deadline extension must submit to the board, prior to July 1, 2012, an application and fee and an attestation that he or she has developed an articulated plan. The board is to adopt rules establishing the criteria for granting a deadline extension. A decision of the board regarding a deadline extension request is not appealable.

 

Position

Monitor

 

 

Bill: HB12-1100

Title:

Pregnancy & Evidence Of Substance Use

 

Status

Governor Action - Signed (03/09/2012)

 

Senate Sponsors

I. Aguilar (D)

 

House Sponsors

K. Summers (R)

 

Official Summary

The bill makes the results of any information related to substance use obtained as part of a screening or test performed for the purpose of determining pregnancy or providing prenatal care inadmissible in any criminal proceeding.

 

Position

Monitor

 

 

Bill: HB12-1141

Title:

Health Care Professionals Acudetox

 

Status

House Committee on Appropriations Postpone Indefinitely (03/09/2012)

 

Senate Sponsors

J. Nicholson (D)

 

House Sponsors

C. Levy (D)

 

Official Summary

Five-point auricular acudetox is acupuncture done on the ear that is often used to treat substance abuse, mental health, and behavioral health disorders. The bill allows mental health professionals and psychiatric technicians to perform five-point auricular acudetox if they have successfully completed the proper training.

 

Position

Monitor

 

 

Bill: HB12-1210

Title:

Recognition Out-of-state Professionals To Practice

 

Status

Senate Committee on Health and Human Services Postpone Indefinitely (03/15/2012)

 

Senate Sponsors

C. Jahn (D)

 

House Sponsors

D. Beezley (R)

 

Official Summary

The bill allows a person with a currently valid license, certificate, or registration in good standing from another state to practice his or her profession in this state for up to one year before the person has to meet the licensing, certification, or registration requirements in Colorado. For the person to be eligible to practice in this state, he or she shall have no other basis for disqualification from practice other than the lack of a license, certificate, or registration and shall apply for a license, certificate, or registration within 30 days after engaging in practice in Colorado.

 

Position

Monitor

 

 

Bill: HB12-1219

Title:

Funding Emerging Medical Discoveries

 

Status

House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/08/2012)

 

Senate Sponsors

S. Williams (D)

 

House Sponsors

J. Miklosi (D)

 

Official Summary

The bill establishes a new fund to pay for the costs of clinical trials, governmental approval, and product sales of new medical products discovered at the health sciences center at the university of Colorado.

The bill appropriates $10 million to the fund from the general fund.

 

Position

Monitor

 

 

Bill: HB12-1221

Title:

Direct Billing For Anatomic Pathology Services

 

Status

AM 04:10 Signed by the President of the Senate (03/19/2012)

 

Senate Sponsors

L. Tochtrop (D)

 

House Sponsors

L. Liston (R)

 

Official Summary

The bill requires clinical laboratories and physicians that provide anatomic pathology services to submit claims for payment for pathology services only to the patient; the insurance carrier; the hospital or clinic that ordered the service, or the referring laboratory, unless the laboratory is from a physician's office or group practice that does not perform the professional component of the anatomic pathology service; or a governmental agency on behalf of the recipient of services.

Licensed health care practitioners are prohibited from charging for anatomic pathology services unless the services were personally delivered by the practitioner or under the direct supervision of the practitioner. Laboratories that refer to another physician or laboratory for consultation or histologic processing are exempt from the personal delivery and direct supervision requirement, unless the laboratory that makes the referral does not perform the professional component of the service.

The term "anatomic pathology services" is defined to include histopathology or surgical pathology, cytopathology, hematology, subcellular pathology or molecular pathology, and blood-banking services performed by pathologists.

 

Position

Monitor

 

 

Bill: HB12-1242

Title:

Biometric System Monitor Prescription Drugs

 

Status

House Committee on Health and Environment Postpone Indefinitely (03/15/2012)

 

Senate Sponsors

B. Boyd (D)

 

House Sponsors

T. Massey (R)

 

Official Summary

The bill requires the division of registrations (division) in the department of regulatory agencies, by January 1, 2013, to develop an electronic system to monitor and store in a secure database information pertaining to:

      The prescribing of prescription drugs;

      The dispensing or delivery of prescription drugs by aprescription drug outlet (PDO) or health care practitioner (practitioner); and

      The dispensing or delivery of restricted over-the-countersubstances, also known as methamphetamine precursor drugs, by a PDO or practitioner.

Practitioners and PDOs are required to maintain biometric scanning devices and to use those devices to obtain a biometric scan of a person's biometric identifier, such as a fingerprint or retinal scan, and to submit the scan to the database. Practitioners and PDOs are also required, prior to prescribing or dispensing a prescription drug or dispensing a restricted over-the-counter substance, to submit specified information to the database, including:

      The date of the prescription order;

      The name of the substance prescribed or dispensed, including strength, quantity, and directions for use;

      The name and address of the practitioner or PDO, as applicable; and

      The name and address of the person receiving the substance, as applicable, in an encrypted format.

Once the information is received, the database assigns a unique identifying number to the particular prescription order or restricted over-the-counter substance and immediately transmits to the practitioner or PDO, as applicable, the following:

      The identifying number for the substance;

      The names of the substances prescribed or dispensed in connection with the biometric scan that may conflict with or overlap the practitioner's prescription order or the restricted over-the-counter substance; and

      The name and address of the practitioner whose prescription order may conflict with or overlap the prescribing practitioner's prescription or restricted over-the-counter substance and the name and address of the practitioner or PDO that dispensed or delivered the conflicting or overlapping prescription or restricted over-the-counter substance.

Before dispensing or delivering a prescription drug or restricted over-the-counter substance, the practitioner or PDO is to submit the biometric scan to the database, and the database is to immediately transmit to the practitioner or PDO the following:

      The names of the substances that have been prescribed in connection with the biometric scan that may conflict with or overlap the substance to be dispensed or delivered;

      The name and address of the practitioner whose order may conflict with or overlap the prescription drug or restricted over-the-counter substance to be dispensed or delivered and the full name and address of the practitioner or PDO that dispensed or delivered the conflicting or overlapping prescription or restricted over-the-counter substance;

      A graduated alert system indicating the potential dangers related to dispensing or prescribing the substances as they relate to any conflicting or overlapping prescriptions;

      A warning or critical alert relating to the severity of the conflict or overlap, requiring the practitioner to biometrically acknowledge receipt of the conflict or overlap; and

      A warning or critical alert relating to the severity of the conflict or overlap to additional practitioners who provided or delivered the conflicting or overlapping substances.

The bill makes exceptions for practitioners who administer a substance directly to the patient and for substances dispensed in an inpatient or residential facility. A person who fails to comply with the requirements of the bill commits a class 1 misdemeanor.

 

Position

Monitor

 

 

Bill: HB12-1257

Title:

Health Care Consumer & Provider Protections

 

Status

House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/08/2012)

 

Senate Sponsors

B. Boyd (D)

 

House Sponsors

J. Kefalas (D)

 

Official Summary

The bill clarifies that an intermediary between a health insurance carrier and health care provider is a "person or entity" for purposes of complying with health care contract disclosure requirements.

Each health care provider who provides outpatient health care or treatment is required to disclose to a patient the right to request the nondiscounted charge for the care or treatment and, upon request, make that information available before the scheduling of care or treatment.

Each health insurance carrier shall:

      Provide notice to covered persons advising them of therelationship with the third-party administrator, the policyholder, and the insurance carrier;

      Disclose to the covered person all charges, fees, andcommissions paid to the third-party administrator; and

      Prohibit a third-party administrator from altering a healthcare provider's charges or adding charges to any of the insurance claims submitted by a health care provider.

Each carrier must disclose to each covered person any charges for administrative costs that are in addition to the charges for the care or services provided by the health care provider.

The bill makes technical corrections to the law concerning the contractual relationship with a third-party intermediary. Current law uses the term "intermediary" when the proper entity is "third-party administrator".

 

Position

Monitor

 

 

Bill: HB12-1281

Title:

Medicaid Payment Reform Pilot Program

 

Status

House Committee on Health and Environment Refer Unamended to Appropriations (02/21/2012)

 

Senate Sponsors

 

 

House Sponsors

C. Gerou (R)
D. Young (D)

 

Official Summary

The bill directs the department of health care policy and financing (state department) to facilitate collaboration among medicaid providers, clients, advocates, and payors that is designed to improve health outcomes and patient satisfaction and support the financial sustainability of the medicaid program. The executive director of the state department may promulgate rules relating to the collaborative process.

The bill creates the medicaid payment reform and innovation pilot program (pilot program) in the state department for the purpose of implementing payment reform projects in medicaid within the framework of the accountable care collaborative. Regional care collaborative organizations (RCCOs) may submit payment proposals to the state department for the pilot program. A RCCO shall work with providers and managed care entities in the RCCO to develop the payment project.

Payment projects may include but are not limited to global payments, risk adjustment, risk sharing, and aligned payment incentives. The state department shall select payment projects for inclusion in the pilot program based upon certain criteria and shall give preference to those payment projects that propose global payments. The state department shall respond to RCCOs concerning payment projects that are not selected for the pilot program, stating the reason why the payment projects were not selected and shall copy the response to certain committees of the general assembly. Payment projects shall be implemented for 2 to 5 years, and certain provisions apply to payments under the pilot program. The state department shall seek any federal authorization necessary to implement the pilot program. The state department shall report to certain committees of the general assembly concerning the design, implementation, and outcome of the pilot program.

The bill requires the state department to report concerning the state department's recommendations for streamlining and simplifying the administrative structure for managing contracts relating to medicaid managed care.

 

Position

Monitor

 

 

Bill: HB12-1294

Title:

CDPHE Authority Health Care Facilities

 

Status

House Committee on Health and Environment Refer Amended to House Committee of the Whole (03/22/2012)

 

Senate Sponsors

L. Tochtrop (D)

 

House Sponsors

L. Liston (R)

 

Official Summary

Under current law, the department of public health and environment (CDPHE) licenses and establishes, and enforces standards for the operation of, health facilities in the state, including rehabilitation centers, community mental health centers, acute treatment units, facilities for persons with developmental disabilities, nursing care facilities, hospice care, assisted living residences, and home care agencies. CDPHE conducts periodic, announced and unannounced inspections of licensed facilities to ensure compliance with the standards it develops. The state board of health (board) is required to establish by rule a schedule of fees to be assessed against health facilities that is sufficient to meet CDPHE's direct and indirect costs in regulating health facilities.

Additionally, under current law, both CDPHE and the department of human services (DHS) jointly regulate community residential homes for persons with developmental disabilities.

Section 1 of the bill declares that the legislative intent of the bill is to eliminate duplication and unnecessary government oversight in the regulation of health facilities in Colorado.

Sections 2, 3, 4, and 12 eliminate CDPHE's authority to license and develop standards for the operation of community residential homes, shifting oversight of these homes solely to DHS. Additionally, if home care agency personal care services, which are otherwise regulated by CDPHE, are provided by a service agency that delivers services and supports to persons with developmental disabilities, DHS is tasked with inspecting those services in conjunction and simultaneously with its inspection of the community residential home. DHS is directed to institute an abbreviated, periodic inspection system for community residential homes and a performance incentive system to reduce license renewal fees for community residential homes for which no significant deficiencies that negatively affect the life, health, and safety of their consumers have been found by DHS.

Sections 2, 3, and 4 also:

      Require CDPHE to develop an abbreviated, periodicinspection system, which it must use for health facilities that have been licensed for at least 3 years and have not been subject to any enforcement activity or substantiated complaints resulting in the discovery of significant deficiencies that negatively affect the life, health, or safety of consumers of the facilities within the prior 3 years;

      Restrict the ability of CDPHE, when considering a licenseapplication or a request to approve new construction or remodel of a health facility, to impose standards for construction that are more stringent than, or do not comply with, applicable national, state, and local building and fire codes;

      With regard to the dual responsibilities of CDPHE andDHS over community mental health centers and acute treatment units, require the departments to consider changes in health care policy and practice that incorporate integrated health care services;

      Limit CDPHE's licensure authority over community clinics to those community clinics that: Provide health care services on an ambulatory basis; are not licensed as an on-campus department or service of a hospital or listed as an off-campus location under a hospital's license; and either operate inpatient beds or provide emergency services at the facility. CDPHE retains authority to license prison clinics regulated by the department of corrections.

      Require CDPHE to determine an applicant's fitness to conduct and maintain a health facility based solely on specific fitness information or documentation submitted by the applicant or obtained by CDPHE through its own review or investigation of the applicant; and

      Eliminate the ability of CDPHE to conduct a fitness review of a new owner of a facility unless the transfer of ownership results in a transfer of at least 50% of direct or indirect ownership interest in the facility or business to one or more new owners.

Under sections 5 and 12, a licensed health facility, program of all-inclusive care for the elderly (PACE) provider, or community residential home that applies to renew its license may submit evidence of its accreditation by a nationally recognized accrediting body or regulation pursuant to a 3-way agreement between the PACE provider, the centers for medicare and medicaid services (CMS), and the department of health care policy and financing (HCPF), as applicable, in which case CDPHE or, for purposes of community residential homes, DHS is to deem that accreditation, regulation, or certification as satisfaction of the state licensing requirements. CDPHE or DHS, as applicable, is permitted to request additional information from a facility if the state's standards for licensure of that type of facility are more stringent than the applicable standards for accreditation, regulation, or certification.

Sections 6 and 7 prohibit the board from increasing provisional or full license fees above the levels set in rules as of the effective date of the sections. The board retains the ability to lower the fee amounts. Section 7 further requires CDPHE to develop a performance incentive system to provide a reduction in license renewal fees for health facilities that have no significant deficiencies that negatively affect the life, health, or safety of consumers of the facility.

Section 8 establishes the health care industry facility advisory council (advisory council) in CDPHE to advise the department and the board on matters related to state licensure of health care facilities. The purpose of the advisory council is to:

      Advise CDPHE and the board on proposed standards for the operation of licensed health care facilities;

      Review and make recommendations to CDPHE and the board on proposed new or amended rules regarding health care facility licensure;

      Review and make recommendations to CDPHE and the board regarding modifications to licensing fees;

      Review and make recommendations concerning CDPHE guidelines, policies, and procedures for licensure; and

      Seek advice and counsel from outside experts when it deems necessary.

CDPHE and the board are required to accept and take the advisory council's recommendations into consideration before taking action on any of the matters on which the advisory council submits recommendations. Under section 9, the advisory council is subject to sunset review by the department of regulatory agencies and repeal on September 1, 2022, unless continued by the general assembly.

Section 10 clarifies that home care placement agencies are not licensed or certified by CDPHE and prohibits home care placement agencies from making such a claim. Noncompliance with this prohibition subjects a home care placement agency to a civil penalty imposed by CDPHE.

For purposes of board rules pertaining to the regulation of home care agencies, section 11 requires the board to establish different requirements that are appropriate based on the type of facility or provider delivering the services to the home care consumer and prohibits the board from requiring PACE providers to submit information that is redundant or inconsistent with the federal requirements the PACE provider is subject to pursuant to its 3-way agreement with CMS and HCPF.

Section 13 prohibits an appropriation of state funds to implement the bill.

 

Position

Monitor

 

 

Bill: HB12-1297

Title:

Sunset Discontinue Cmt On Anticompetitive Conduct

 

Status

House Second Reading Passed with Amendments (03/23/2012)

 

Senate Sponsors

L. Tochtrop (D)

 

House Sponsors

B. Gardner (R)

 

Official Summary

Sunset Process - House Judiciary Committee. The bill implements the recommendations made by the department of regulatory agencies (DORA) pursuant to DORA's 2011 sunset review report of professional review committees and the committee on anticompetitive conduct by repealing the statute that creates the committee, effective July 1, 2012, and removing references to the committee from companion statutes.

 

Position

Monitor

 

 

Bill: HB12-1300

Title:

Sunset Continue Professional Review Committees

 

Status

Introduced In Senate - Assigned to Health and Human Services (03/20/2012)

 

Senate Sponsors

I. Aguilar (D)

 

House Sponsors

B. Gardner (R)

 

Official Summary

Sunset Process - House Judiciary Committee. The bill implements the recommendations made by the department of regulatory agencies (DORA) pursuant to DORA's 2011 sunset review report of professional review committees and the committee on anticompetitive conduct.

Sections 1 and 2 of the bill continue the functions of professional review committees for 7 years, until 2019.

Sections 3 to 7 of the bill authorize professional review of physician assistants and advanced practice nurses.

Section 6 of the bill also specifies that the sharing of professional review records and information with regulators and other professional review entities does not waive the professional review privilege or violate applicable confidentiality provisions.

Section 8 of the bill requires entities that conduct professional review of physicians or physician assistants to register with the Colorado medical board and report on their activities, and directs the medical board to publish summary data in aggregated form. Section 9 of the bill requires entities that conduct professional review of the practice of advanced practice nursing to register with the nursing board and report on their activities, and directs the nursing board to publish summary date in aggregated form. If an entity fails to register and report as required, the entity and its governing board lose the qualified immunity that would otherwise apply for acts and omissions occurring during the period of noncompliance.

The bill also corrects inconsistent references to peer review and professional review and makes nonsubstantive clarifications and corrections to statutory language.

 

Position

Monitor

 

 

Bill: HB12-1305

Title:

Statutory Rates Of Interest

 

Status

House Second Reading Passed with Amendments (03/23/2012)

 

Senate Sponsors

 

 

House Sponsors

B. Gardner (R)

 

Official Summary

Currently, if no interest rate is specified, creditors are entitled to receive interest at a rate of 8% per annum compounded annually. The bill changes this statutory interest rate to a rate equal to 2 percentage points above the discount rate that the federal reserve bank of Kansas City charges commercial banks as of January 2 of the year in which the moneys become due. The secretary of state will certify the interest rate each January 2.

Currently, the secretary of state certifies the interest rate for judgments that are appealed and for damages for personal injuries on December 31 for the following year. The bill changes the date of certification to January 2 for each year.

The bill clarifies language on interest recoverable for damages in a personal injury action.

 

Position

Monitor

 

 

Bill: SB12-032

Title:

Medicaid Reform Seek Federal Waiver

 

Status

Senate Committee on Health and Human Services Postpone Indefinitely (02/01/2012)

 

Senate Sponsors

G. Brophy (R)

 

House Sponsors

 

 

Official Summary

The bill requires the department of health care policy and financing (state department) to seek a federal waiver to allow for increased flexibility and efficiency in the management of the medicaid program and the children's basic health plan. The waiver will seek authorization to determine eligibility categories and income levels and to establish an asset test for eligibility, implement cost-sharing and premiums, encourage the use of private health benefits coverage, and encourage persons to maintain employer-sponsored health insurance. As part of the waiver, the state department may negotiate for capped federal reimbursements with provisions for adjustments in the federal reimbursements for population growth and inflation. The state department shall report to the general assembly concerning the waiver request and identify necessary changes to state law to implement the reforms requested in the waiver.

 

Position

Monitor

 

 

Bill: SB12-037

Title:

Electronic Prescription Controlled Substances

 

Status

Sent to the Governor (03/14/2012)

 

Senate Sponsors

S. King (R)

 

House Sponsors

D. Young (D)

 

Official Summary

Under current law, a pharmacy is prohibited from dispensing a prescribed schedule II, III, IV, or V controlled substance absent a written prescription from the practitioner prescribing the substance. The bill allows a pharmacy to dispense those controlled substances if the practitioner electronically creates and transmits the prescription drug order in conformance with federal law.

 

Position

Monitor

 

 

Bill: SB12-053

Title:

Colorado Health Benefit Exchange Repeal

 

Status

Senate Committee on Health and Human Services Postpone Indefinitely (02/06/2012)

 

Senate Sponsors

T. Neville (R)

 

House Sponsors

M. Looper (R)

 

Official Summary

The bill repeals the "Colorado Health Benefit Exchange Act" if the "Patient Protection and Affordable Care Act" as amended by the "Health Care and Education Reconciliation Act of 2010" (federal act) is repealed or the United States supreme court rules that all or any part of the federal act is unconstitutional.

 

Position

Monitor

 

 

Bill: SB12-054

Title:

No Retaliation Against Health Employees

 

Status

Senate Committee on Health and Human Services Postpone Indefinitely (02/16/2012)

 

Senate Sponsors

B. Boyd (D)

 

House Sponsors

 

 

Official Summary

A licensed health care facility or its agent is prohibited from retaliating against an employee of the licensed health care facility who performs an act or omits an act:

      That, in the best medical judgment of the employee using the best available practices, is in the best interest of the patient; or

      When following a patient's directive.

 

Position

Monitor

 

 

Bill: SB12-060

Title:

Improve Medicaid Fraud Prosecution

 

Status

Introduced In House - Assigned to Health and Environment (03/02/2012)

 

Senate Sponsors

E. Roberts (R)

 

House Sponsors

C. Gerou (R)

 

Official Summary

The bill requires the department of health care policy and financing (HCPF) to submit a written report annually to the health and environment committee and the judiciary committee of the house of representatives and to the health and human services and judiciary committees of the senate concerning client fraud in the medical assistance program. In addition, the attorney general's office is required to submit a written report annually concerning provider fraud.

The bill also changes the amount of a county's share of recoveries of fraudulently obtained medical assistance when the recovery is initiated by a county department, county board, district attorney, or HCPF on behalf of the county. Instead of sharing one-half of the state funds paid with the state, the county may retain the full amount of the recovery after payment of the federal government's share.

 

Position

Monitor

 

 

Bill: SB12-065

Title:

Prior Authorization Form Prescription Drugs

 

Status

Introduced In Senate - Assigned to Health and Human Services (01/17/2012)

 

Senate Sponsors

J. Morse (D)

 

House Sponsors

 

 

Official Summary

The bill requires the commissioner of insurance to develop by July 1, 2013, and requires prescribing providers and health benefit plans to use by January 1, 2014, a uniform prior authorization form for purposes of submitting and receiving requests for prior coverage approval of a prescription drug. If the health benefit plan fails to use or accept the prior authorization form or fails to respond to a request within 2 business days, the request is deemed granted. An approved prior authorization form is valid for 12 months after the date of approval.

 

Position

Monitor

 

 

Bill: SB12-093

Title:

Notice Of Hosp Serv Not Provided Religious Grounds

 

Status

House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/21/2012)

 

Senate Sponsors

M. Carroll (D)

 

House Sponsors

C. Duran (D)

 

Official Summary

The bill requires hospitals licensed in Colorado to provide notice in a manner specified by the department of public health and environment of all services that the hospital refuses to provide because of religious beliefs or moral convictions. The bill requires the notice to inform patients of their right to obtain any service not provided by the hospital because of religious beliefs or moral convictions from another hospital that does provide the service. Requires the notice to be made available prior to or at admission of the patient or as soon after admission as practicable.

 

Position

Monitor

 

 

Bill: SB12-098

Title:

CPR Training For High School Students

 

Status

Senate Committee on Education Postpone Indefinitely (02/16/2012)

 

Senate Sponsors

S. Williams (D)

 

House Sponsors

T. Massey (R)

 

Official Summary

On and after September 1, 2012, each public school, charter school, and institute charter school (public school) that offers instruction to students in any of grades 9 through 12 shall offer to each student training in cardiopulmonary resuscitation and the use of an automated external defibrillator (CPR/AED training). Each public school that offers instruction to students in grade 12 shall require each student to successfully complete CPR/AED training during his or her 12th-grade year or any of the preceding 5 years as a condition of his or her graduation from the 12th grade.

CPR/AED training shall be based on an instructional program that incorporates psychomotor skills development.

The school cardiopulmonary resuscitation and automated external defibrillator training cash fund (fund) is established in the state treasury.

The department of education may not use more than 5% of moneys annually expended for expenses to administer the fund.

The department may seek, accept, and expend gifts, grants, and donations from public and private sources for the fund. The department shall notify the legislative council staff when it has received adequate funding through gifts, grants, or donations for the purpose of providing CPR/AED training.

A public school may seek, accept, and expend gifts, grants, and donations from public and private sources for the purpose of providing CPR/AED training. A public school may also apply for and receive moneys from the fund for the purpose of providing CPR/AED training.

The state board of education shall promulgate rules for the implementation of CPR/AED training, including but not limited to (1) procedures for monitoring and ensuring the compliance of public schools with the new statutory provisions; and (2) a process by which a public school may apply for and receive moneys from the fund.

 

Position

Monitor

 

 

Bill: SB12-128

Title:

Alternative Care Facility Reimbursement Pilot

 

Status

House Committee on Health and Environment Refer Amended to House Committee of the Whole (03/22/2012)

 

Senate Sponsors

E. Roberts (R)

 

House Sponsors

K. Summers (R)

 

Official Summary

The bill establishes the 3-year alternative care facilities pilot program (pilot program) designed to increase the utilization of alternative care facilities in the medicaid program. Alternative care facilities participating in the pilot program will receive a reimbursement for not more than 1000 clients equal to $3000 per client, per month, after considering the client portion of the cost, to provide long-term care services to clients who have been residing in a nursing facility prior to the referral to an alternative care facility. The single entry point agency shall assess the client residing in a nursing facility to determine whether the client will achieve the same or better health outcomes and client satisfaction in the alternative care facility.

On or before September 1, 2013, September 1, 2014, and September 1, 2015, the department of health care policy and financing shall report to the joint budget committee of the general assembly and the health and human services committee of the senate and the health and environment committee of the house of representatives concerning the design, implementation, and outcomes of the pilot program on client health outcomes, costs, and client satisfaction.

The pilot program repeals on July 1, 2016.

 

Position

Monitor

 

 

Bill: SB12-134

Title:

Hospital Payment Assistance Program

 

Status

Senate Third Reading Passed (03/20/2012)

 

Senate Sponsors

I. Aguilar (D)

 

House Sponsors

C. Acree (R)

 

Official Summary

The bill requires each hospital to make available to patients, and to communicate to each patient, information about the hospital's charity program and discount program in a clear and understandable manner and in languages appropriate to its communities. The bill also requires hospitals to offer a discount to each qualified patient. A qualified patient is defined as an uninsured patient who has a family income of not more than 400% of the federal poverty income level and who does not receive a discount through the Colorado indigent care program.

A hospital is prohibited from charging a patient for more than the cost of providing care. The bill requires each hospital to offer to screen each patient for the discount program and any other financial assistance offered by the hospital.

Each hospital is required to offer a payment plan to an eligible patient and to fulfill specific obligations before sending a bill to a collection agency for payment.

 

Position

Monitor

 

Bill: HB12-1052

Title:

Health Care Work Force Data Collection

 

Official Summary

The bill requires the director of the division of registrations in the department of regulatory agencies (director) to implement a system to collect health care work force data from health care professionals who are eligible for the Colorado health service corps, from practical and professional nurses, and from pharmacists. The bill requires a voluntary advisory group designated by the director of the primary care office to recommend the structure of the data elements to be collected regarding specific information about each health care professional and his or her practice. The director is authorized to accept and expend any gifts, grants, or donations that may be available from any private or public sources for the implementation of the data collection system.

 

Position

Monitor

 

House Sponsors

K. Summers (R)

 

Senate Sponsors

E. Roberts (R)
B. Boyd (D)

 

Status

Senate Third Reading Passed (03/29/2012)

 

 

Bill: HB12-1210

Title:

Recognition Out-of-state Professionals To Practice

 

Official Summary

The bill allows a person with a currently valid license, certificate, or registration in good standing from another state to practice his or her profession in this state for up to one year before the person has to meet the licensing, certification, or registration requirements in Colorado. For the person to be eligible to practice in this state, he or she shall have no other basis for disqualification from practice other than the lack of a license, certificate, or registration and shall apply for a license, certificate, or registration within 30 days after engaging in practice in Colorado.

 

Position

Monitor

 

House Sponsors

D. Beezley (R)

 

Senate Sponsors

C. Jahn (D)

 

Status

Senate Committee on Health and Human Services Postpone Indefinitely (03/15/2012)

 

 

Bill: SB12-053

Title:

Colorado Health Benefit Exchange Repeal

 

Official Summary

The bill repeals the "Colorado Health Benefit Exchange Act" if the "Patient Protection and Affordable Care Act" as amended by the "Health Care and Education Reconciliation Act of 2010" (federal act) is repealed or the United States supreme court rules that all or any part of the federal act is unconstitutional.

 

Position

Monitor

 

House Sponsors

M. Looper (R)

 

Senate Sponsors

T. Neville (R)

 

Status

Senate Committee on Health and Human Services Postpone Indefinitely (02/06/2012)

 

 

Bill: SB12-054

Title:

No Retaliation Against Health Employees

 

Official Summary

A licensed health care facility or its agent is prohibited from retaliating against an employee of the licensed health care facility who performs an act or omits an act:

      That, in the best medical judgment of the employee using the best available practices, is in the best interest of the patient; or

      When following a patient's directive.

 

Position

Monitor

 

House Sponsors

 

 

Senate Sponsors

B. Boyd (D)

 

Status

Senate Committee on Health and Human Services Postpone Indefinitely (02/16/2012)

 

 

Bill: SB12-060

Title:

Improve Medicaid Fraud Prosecution

 

Official Summary

The bill requires the department of health care policy and financing (HCPF) to submit a written report annually to the health and environment committee and the judiciary committee of the house of representatives and to the health and human services and judiciary committees of the senate concerning client fraud in the medical assistance program. In addition, the attorney general's office is required to submit a written report annually concerning provider fraud.

The bill also changes the amount of a county's share of recoveries of fraudulently obtained medical assistance when the recovery is initiated by a county department, county board, district attorney, or HCPF on behalf of the county. Instead of sharing one-half of the state funds paid with the state, the county may retain the full amount of the recovery after payment of the federal government's share.

 

Position

Monitor

 

House Sponsors

C. Gerou (R)

 

Senate Sponsors

E. Roberts (R)

 

Status

Introduced In House - Assigned to Health and Environment (03/02/2012)

 

 

Bill: SB12-078

Title:

Protections For At-risk Adults

 

Official Summary

The bill amends statutory provisions concerning the mistreatment, self-neglect, and exploitation of at-risk adults. Each county department shall require each prospective employee who, during the course of his or her employment, will have direct contact with any actual or potential at-risk adult, to complete a fingerprint-based criminal history records check utilizing the records of the Colorado bureau of investigation.

The at-risk adults protection services task force (task force) is created to study:

      The reporting of mistreatment, self-neglect, andexploitation of an at-risk adults to law enforcement agencies and county departments; and

      The provision of protective services to at-risk adults bycounty departments. All appointments to the task force shall be made on or before June 15, 2012. The task force shall submit a written report of its findings and recommendations to the health and human services committee of the senate and to the health and environment committee of the house of representatives on or before December 1, 2012. The task force is repealed, effective December 2, 2012.

 

Position

Monitor

 

House Sponsors

S. Schafer (D)

 

Senate Sponsors

E. Hudak (D)

 

Status

Introduced In House - Assigned to Health and Environment (03/29/2012)