Colorado 2022 Regular Session

Colorado House Bill HB1269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0288.01 Christy Chase x2008
1	8		HOUSE BILL 22-1269
2		-	BY REPRESENTATIVE(S) Lontine, Amabile, Bernett, Boesenecker,
3		-	Caraveo, Hooton, Jodeh, Kipp, Lindsay, McCormick, Michaelson Jenet,
4		-	Sirota, Titone, Woodrow;
5		-	also SENATOR(S) Hansen, Ginal, Jaquez Lewis, Moreno, Fenberg
6		-	.
	9	+	House Committees Senate Committees
	10	+	Health & Insurance Business, Labor, & Technology
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING REQUIREMENTS IMPOSED ON PERSONS NOT AUTHORIZED TO
9		-	TRANSACT INSURANCE BUSINESS IN THIS STATE WHO ARE OFFERING
10		-	COVERAGE OF HEALTH
11		-	-CARE COSTS FOR COLORADO RESIDENTS, AND,
12		-	IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, add 10-16-107.4 as
16		-	follows:
17		-	10-16-107.4. Health-care sharing plan or arrangement -
18		-	required reporting and certification - noncompliance - information
19		-	posted on division website - rules. (1) A
20		-	PERSON NOT AUTHORIZED BY THE
21		-	COMMISSIONER PURSUANT TO ARTICLE
22		-	3 OF THIS TITLE 10 TO OFFER
23		-	INSURANCE IN THIS STATE THAT OFFERS OR INTENDS TO OFFER A PLAN OR
24		-	ARRANGEMENT TO FACILITATE PAYMENT OR REIMBURSEMENT OF
25		-	HEALTH
26		-	-CARE COSTS OR SERVICES FOR RESIDENTS OF THIS STATE ,
27		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
28		-	officers and the Governor. To determine whether the Governor has signed the bill
29		-	or taken other action on it, please consult the legislative status sheet, the legislative
30		-	history, or the Session Laws.
31		-	________
32		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33		-	through words or numbers indicate deletions from existing law and such material is not part of
34		-	the act. REGARDLESS OF WHETHER THE PERSON IS DOMICILED IN THIS STATE OR
35		-	ANOTHER STATE
36		-	, SHALL SUBMIT TO THE COMMISSIONER BY OCTOBER 1,
	14	+	ONCERNING REQUIREMENTS IMPOSED ON
	15	+	PERSONS NOT AUTHORIZED101
	16	+	TO TRANSACT INSURANCE BUSINESS IN THIS STATE WHO ARE102
	17	+	OFFERING COVERAGE OF HEALTH -CARE COSTS FOR COLORADO103
	18	+	RESIDENTS, AND, IN CONNECTION THEREWITH, MAKING AN104
	19	+	APPROPRIATION.105
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	Starting October 1, 2022, and by each March 1 thereafter, the bill
	28	+	requires any person that is not authorized to engage in the business of
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 5, 2022
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	May 4, 2022
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 22, 2022
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 21, 2022
	41	+	HOUSE SPONSORSHIP
	42	+	Lontine, Amabile, Bernett, Boesenecker, Caraveo, Hooton, Jodeh, Kipp, Lindsay,
	43	+	McCormick, Michaelson Jenet, Sirota, Titone, Woodrow
	44	+	SENATE SPONSORSHIP
	45	+	Hansen, Fenberg, Ginal, Jaquez Lewis, Moreno
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	48	+	Dashes through the words indicate deletions from existing statute. insurance in this state but that offers or intends to offer a plan or
	49	+	arrangement to facilitate payment of or to cover health-care costs or
	50	+	services for Colorado residents to annually submit to the commissioner
	51	+	of insurance (commissioner) specified information and a certification that
	52	+	the information is accurate and complies with the requirements of the bill.
	53	+	The submission must include information about the operation of the plan
	54	+	or arrangement in the immediately preceding calendar year, including:
	55	+	! The number of participants in the plan or arrangement;
	56	+	! The total amount of fees, dues, or other payments collected
	57	+	from participants and the percentage of fees, dues, or other
	58	+	payments that the person retained;
	59	+	! The total amount of payments made to providers or to
	60	+	reimburse participants for health-care services provided or
	61	+	received;
	62	+	! The estimated number of participants the person anticipates
	63	+	in the next calendar year;
	64	+	! The counties in which the person offers or intends to offer
	65	+	a plan or arrangement and any other states in which the
	66	+	person offers a plan or arrangement;
	67	+	! A list of third parties associated with, or offering or
	68	+	enrolling participants in a plan or arrangement on behalf of,
	69	+	the person and a detailed accounting of commissions or
	70	+	other remuneration paid to a third party for services
	71	+	provided in promoting or administering the plan or
	72	+	arrangement;
	73	+	! The person's reserve balance; and
	74	+	! Contact information for an individual serving as the
	75	+	person's contact person in this state, a list of the person's
	76	+	officers and directors, and the person's organizational chart.
	77	+	Within 45 days after receipt, the commissioner is to determine
	78	+	whether a submission by a person is complete. Each year, the
	79	+	commissioner is to compile a report summarizing the information
	80	+	submitted by persons, post the report on the division of insurance website,
	81	+	and submit the report to specified legislative committees. The
	82	+	commissioner is authorized to adopt rules to implement the bill and to
	83	+	issue an emergency cease-and-desist order against a person that fails to
	84	+	comply with the requirements of the bill.
	85	+	Be it enacted by the General Assembly of the State of Colorado:1
	86	+	SECTION 1. In Colorado Revised Statutes, add 10-16-107.4 as2
	87	+	follows:3
	88	+	10-16-107.4. Health-care sharing plan or arrangement -4
	89	+	1269-2- required reporting and certification - noncompliance - information1
	90	+	posted on division website - rules. (1) A PERSON NOT AUTHORIZED2
	91	+	BY THE COMMISSIONER PURSUANT TO ARTICLE 3 OF THIS TITLE 10 TO3
	92	+	OFFER INSURANCE IN THIS STATE THAT OFFERS OR INTENDS TO OFFER A4
	93	+	PLAN OR ARRANGEMENT TO FACILITATE PAYMENT OR REIMBURSEMENT OF5
	94	+	HEALTH-CARE COSTS OR SERVICES FOR RESIDENTS OF THIS STATE ,6
	95	+	REGARDLESS OF WHETHER THE PERSON IS DOMICILED IN THIS STATE OR7
	96	+	ANOTHER STATE, SHALL SUBMIT TO THE COMMISSIONER BY OCTOBER 1,8
37	97		2022,
38		-	AND BY MARCH 1 EACH YEAR THEREAFTER:
	98	+	AND BY MARCH 1 EACH YEAR THEREAFTER:9
39	99		(a) T
40		-	HE FOLLOWING INFORMATION :
	100	+	HE FOLLOWING INFORMATION :10
41	101		(I) T
42		-	HE TOTAL NUMBER OF INDIVIDUALS AND HOUSEHOLDS THAT
43		-	PARTICIPATED IN THE PLAN OR ARRANGEMENT IN THIS STATE IN THE
44		-	IMMEDIATELY PRECEDING CALENDAR YEAR
45		-	;
	102	+	HE TOTAL NUMBER OF INDIVIDUALS AND HOUSEHOLDS THAT11
	103	+	PARTICIPATED IN THE PLAN OR ARRANGEMENT IN THIS STATE IN THE12
	104	+	IMMEDIATELY PRECEDING CALENDAR YEAR ;13
46	105		(II) T
47		-	HE TOTAL NUMBER OF EMPLOYER GROUPS THAT PARTICIPATED
48		-	IN THE PLAN OR ARRANGEMENT IN THIS STATE IN THE IMMEDIATELY
49		-	PRECEDING CALENDAR YEAR
50		-	, SPECIFYING THE TOTAL NUMBER OF
51		-	PARTICIPATING INDIVIDUALS IN EACH PARTICIPATING EMPLOYER GROUP
52		-	;
53		-	(III) I
54		-	F THE PERSON OFFERS A PLAN OR ARRANGEMENT IN OTHER
55		-	STATES
56		-	, THE TOTAL NUMBER OF PARTICIPANTS IN THE PLAN OR
57		-	ARRANGEMENT NATIONALLY
58		-	;
59		-	(IV) A
60		-	NY CONTRACTS THE PERSON HAS ENTERED INTO WITH
61		-	PROVIDERS IN THIS STATE THAT PROVIDE HEALTH
62		-	-CARE SERVICES TO PLAN
63		-	OR ARRANGEMENT PARTICIPANTS
64		-	;
65		-	(V) T
66		-	HE TOTAL AMOUNT OF FEES , DUES, OR OTHER PAYMENTS
67		-	COLLECTED BY THE PERSON IN THE IMMEDIATELY PRECEDING CALENDAR
68		-	YEAR FROM INDIVIDUALS
69		-	, EMPLOYER GROUPS , OR OTHERS WHO
70		-	PARTICIPATED IN THE PLAN OR ARRANGEMENT IN THIS STATE
71		-	, SPECIFYING
72		-	THE PERCENTAGE OF FEES
73		-	, DUES, OR OTHER PAYMENTS RETAINED BY THE
74		-	PERSON FOR ADMINISTRATIVE EXPENSES
75		-	;
76		-	(VI) T
77		-	HE TOTAL DOLLAR AMOUNT OF REQUESTS FOR
78		-	REIMBURSEMENT OF HEALTH
79		-	-CARE COSTS OR SERVICES SUBMITTED IN THIS
80		-	STATE IN THE IMMEDIATELY PRECEDING CALENDAR YEAR BY PARTICIPANTS
81		-	IN THE PLAN OR ARRANGEMENT OR PROVIDERS THAT PROVIDED
82		-	HEALTH
83		-	-CARE SERVICES TO PLAN OR ARRANGEMENT PARTICIPANTS ;
84		-	(VII) T
85		-	HE TOTAL DOLLAR AMOUNT OF REQUESTS FOR
86		-	REIMBURSEMENT OF HEALTH
87		-	-CARE COSTS OR SERVICES THAT WERE
88		-	SUBMITTED IN THIS STATE AND WERE DETERMINED TO QUALIFY FOR
89		-	REIMBURSEMENT UNDER THE PLAN OR ARRANGEMENT IN THE IMMEDIATELY
90		-	PAGE 2-HOUSE BILL 22-1269 PRECEDING CALENDAR YEAR ;
91		-	(VIII) T
92		-	HE TOTAL AMOUNT OF PAYMENTS MADE TO PROVIDERS IN
93		-	THIS STATE IN THE IMMEDIATELY PRECEDING CALENDAR YEAR FOR
94		-	HEALTH
95		-	-CARE SERVICES PROVIDED TO OR RECEIVED BY A PLAN OR
96		-	ARRANGEMENT PARTICIPANT
97		-	;
98		-	(IX) T
99		-	HE TOTAL AMOUNT OF REIMBURSEMENTS MADE TO PLAN OR
100		-	ARRANGEMENT PARTICIPANTS IN THIS STATE IN THE IMMEDIATELY
101		-	PRECEDING CALENDAR YEAR FOR HEALTH
102		-	-CARE SERVICES PROVIDED TO OR
103		-	RECEIVED BY A PLAN OR ARRANGEMENT PARTICIPANT
104		-	;
105		-	(X) T
106		-	HE TOTAL NUMBER OF REQUESTS FOR REIMBURSEMENT OF
107		-	HEALTH
108		-	-CARE COSTS OR SERVICES SUBMITTED IN THIS STATE IN THE
109		-	IMMEDIATELY PRECEDING CALENDAR YEAR THAT WERE DENIED
110		-	, EXPRESSED
111		-	AS A PERCENTAGE OF TOTAL REIMBURSEMENT REQUESTS SUBMITTED IN THAT
112		-	CALENDAR YEAR
113		-	, AND THE TOTAL NUMBER OF REIMBURSEMENT REQUEST
114		-	DENIALS THAT WERE APPEALED
115		-	;
116		-	(XI) T
117		-	HE TOTAL AMOUNT OF HEALTH-CARE EXPENSES SUBMITTED IN
118		-	THIS STATE BY PLAN OR ARRANGEMENT PARTICIPANTS OR PROVIDERS IN THE
119		-	IMMEDIATELY PRECEDING CALENDAR YEAR THAT QUALIFY FOR
120		-	REIMBURSEMENT PURSUANT TO THE PLAN OR ARRANGEMENT CRITERIA BUT
121		-	THAT
122		-	, AS OF THE END OF THAT CALENDAR YEAR , HAVE NOT BEEN
123		-	REIMBURSED
124		-	, EXCLUDING ANY AMOUNTS THAT THE PLAN OR ARR ANGEMENT
125		-	PARTICIPANTS INCURRING THE HEALTH
126		-	-CARE COSTS MUST PAY BEFORE
127		-	RECEIVING REIMBURSEMENT UNDER THE PLAN OR ARRANGEMENT
128		-	;
129		-	(XII) T
130		-	HE ESTIMATED NUMBER OF PLAN OR ARRANGEMENT
131		-	PARTICIPANTS THE PERSON IS ANTICIPATING IN THIS STATE IN THE NEXT
132		-	CALENDAR YEAR
133		-	, SPECIFYING THE ESTIMATED NUMBER OF INDIVIDUALS ,
134		-	HOUSEHOLDS, EMPLOYER GROUPS, AND EMPLOYEES;
135		-	(XIII) T
136		-	HE SPECIFIC COUNTIES IN THIS STATE IN WHICH THE PERSON:
	106	+	HE TOTAL NUMBER OF EMPLOYER GROUPS THAT14
	107	+	PARTICIPATED IN THE PLAN OR ARRANGEMENT IN THIS STATE IN THE15
	108	+	IMMEDIATELY PRECEDING CALENDAR YEAR , SPECIFYING THE TOTAL16
	109	+	NUMBER OF PARTICIPATING INDIVIDUALS IN EACH PARTICIPATING17
	110	+	EMPLOYER GROUP;18
	111	+	(III) IF THE PERSON OFFERS A PLAN OR ARRANGEMENT IN OTHER19
	112	+	STATES, THE TOTAL NUMBER OF PARTICIPANTS IN THE PLAN OR20
	113	+	ARRANGEMENT NATIONALLY ;21
	114	+	(IV) ANY CONTRACTS THE PERSON HAS ENTERED INTO WITH22
	115	+	PROVIDERS IN THIS STATE THAT PROVIDE HEALTH-CARE SERVICES TO PLAN23
	116	+	OR ARRANGEMENT PARTICIPANTS ;24
	117	+	(V) THE TOTAL AMOUNT OF FEES , DUES, OR OTHER PAYMENTS25
	118	+	COLLECTED BY THE PERSON IN THE IMMEDIATELY PRECEDING CALENDAR26
	119	+	YEAR FROM INDIVIDUALS , EMPLOYER GROUPS , OR OTHERS WHO27
	120	+	1269
	121	+	-3- PARTICIPATED IN THE PLAN OR ARRANGEMENT IN THIS STATE , SPECIFYING1
	122	+	THE PERCENTAGE OF FEES, DUES, OR OTHER PAYMENTS RETAINED BY THE2
	123	+	PERSON FOR ADMINISTRATIVE EXPENSES ;3
	124	+	(VI) THE TOTAL DOLLAR AMOUNT OF REQUESTS FOR4
	125	+	REIMBURSEMENT OF HEALTH-CARE COSTS OR SERVICES SUBMITTED IN THIS5
	126	+	STATE IN THE IMMEDIATELY PRECEDING CALENDAR YEAR BY6
	127	+	PARTICIPANTS IN THE PLAN OR ARRANGEMENT OR PROVIDERS THAT7
	128	+	PROVIDED HEALTH-CARE SERVICES TO PLAN OR ARRANGEMENT8
	129	+	PARTICIPANTS;9
	130	+	(VII) THE TOTAL DOLLAR AMOUNT OF REQUESTS FOR10
	131	+	REIMBURSEMENT OF HEALTH-CARE COSTS OR SERVICES THAT WERE11
	132	+	SUBMITTED IN THIS STATE AND WERE DETERMINED TO QUALIFY FOR12
	133	+	REIMBURSEMENT UNDER THE PLAN OR ARRANGEMENT IN THE13
	134	+	IMMEDIATELY PRECEDING CALENDAR YEAR ;14
	135	+	(VIII) THE TOTAL AMOUNT OF PAYMENTS MADE TO PROVIDERS IN15
	136	+	THIS STATE IN THE IMMEDIATELY PRECEDING CALENDAR YEAR FOR16
	137	+	HEALTH-CARE SERVICES PROVIDED TO OR RECEIVED BY A PLAN OR17
	138	+	ARRANGEMENT PARTICIPANT ;18
	139	+	(IX) THE TOTAL AMOUNT OF REIMBURSEMENTS MADE TO PLAN OR19
	140	+	ARRANGEMENT PARTICIPANTS IN THIS STATE IN THE IMMEDIATELY20
	141	+	PRECEDING CALENDAR YEAR FOR HEALTH -CARE SERVICES PROVIDED TO OR21
	142	+	RECEIVED BY A PLAN OR ARRANGEMENT PARTICIPANT ;22
	143	+	(X) THE TOTAL NUMBER OF REQUESTS FOR REIMBURSEMENT OF23
	144	+	HEALTH-CARE COSTS OR SERVICES SUBMITTED IN THIS STATE IN THE24
	145	+	IMMEDIATELY PRECEDING CALENDAR YEAR THAT WERE DENIED ,25
	146	+	EXPRESSED AS A PERCENTAGE OF TOTAL REIMBURSEMENT REQUESTS26
	147	+	SUBMITTED IN THAT CALENDAR YEAR, AND THE TOTAL NUMBER OF27
	148	+	1269
	149	+	-4- REIMBURSEMENT REQUEST DENIALS THAT WERE APPEALED ;1
	150	+	(XI) THE TOTAL AMOUNT OF HEALTH-CARE EXPENSES SUBMITTED2
	151	+	IN THIS STATE BY PLAN OR ARRANGEMENT PARTICIPANTS OR PROVIDERS3
	152	+	IN THE IMMEDIATELY PRECEDING CALENDAR YEAR THAT QUALIFY FOR4
	153	+	REIMBURSEMENT PURSUANT TO THE PLAN OR ARRANGEMENT CRITERIA5
	154	+	BUT THAT, AS OF THE END OF THAT CALENDAR YEAR , HAVE NOT BEEN6
	155	+	REIMBURSED, EXCLUDING ANY AM OUNTS THAT THE PLAN OR7
	156	+	ARRANGEMENT PARTICIPANTS INCURRING THE HEALTH-CARE COSTS MUST8
	157	+	PAY BEFORE RECEIVING REIMBURSEMENT UNDER THE PLAN OR9
	158	+	ARRANGEMENT;10
	159	+	(XII) THE ESTIMATED NUMBER OF PLAN OR ARRANGEMENT11
	160	+	PARTICIPANTS THE PERSON IS ANTICIPATING IN THIS STATE IN THE NEXT12
	161	+	CALENDAR YEAR, SPECIFYING THE ESTIMATED NUMBER OF INDIVIDUALS ,13
	162	+	HOUSEHOLDS, EMPLOYER GROUPS, AND EMPLOYEES;14
	163	+	(XIII) THE SPECIFIC COUNTIES IN THIS STATE IN WHICH THE15
	164	+	PERSON:16
137	165		(A) O
138		-	FFERED A PLAN OR ARRANGEMENT IN THE IMMEDIATELY
139		-	PRECEDING CALENDAR YEAR
140		-	; AND
141		-	(B) INTENDS TO OFFER A PLAN OR ARRANGEMENT IN THE NEXT
142		-	CALENDAR YEAR
143		-	;
144		-	PAGE 3-HOUSE BILL 22-1269 (XIV) OTHER STATES IN WHICH THE PERSON OFFERS A PLAN OR
145		-	ARRANGEMENT
146		-	;
147		-	(XV) A
148		-	LIST OF ANY THIRD PARTIES, OTHER THAN A PRODUCER, THAT
149		-	ARE ASSOCIATED WITH OR ASSIST THE PERSON IN OFFERING OR ENROLLING
150		-	PARTICIPANTS IN THIS STATE IN THE PLAN OR ARRANGEMENT
151		-	, COPIES OF ANY
152		-	TRAINING MATERIALS PROVIDED TO A THIRD PARTY
153		-	, AND A DETAILED
154		-	ACCOUNTING OF ANY COMMISSIONS OR OTHER FEES OR REMUNERATION PAID
155		-	TO A THIRD PARTY IN THE IMMEDIATELY PRECEDING CALENDAR YEAR FOR
156		-	:
	166	+	FFERED A PLAN OR ARRANGEMENT IN THE IMMEDIATELY17
	167	+	PRECEDING CALENDAR YEAR ; AND18
	168	+	(B) I
	169	+	NTENDS TO OFFER A PLAN OR ARRANGEMENT IN THE NEXT19
	170	+	CALENDAR YEAR;20
	171	+	(XIV) OTHER STATES IN WHICH THE PERSON OFFERS A PLAN OR21
	172	+	ARRANGEMENT;22
	173	+	(XV) A LIST OF ANY THIRD PARTIES, OTHER THAN A PRODUCER,23
	174	+	THAT ARE ASSOCIATED WITH OR ASSIST THE PERSON IN OFFERING OR24
	175	+	ENROLLING PARTICIPANTS IN THIS STATE IN THE PLAN OR ARRANGEMENT ,25
	176	+	COPIES OF ANY TRAINING MATERIALS PROVIDED TO A THIRD PARTY , 26
	177	+	AND A DETAILED ACCOUNTING OF ANY COMMISSIONS OR OTHER FEES OR27
	178	+	1269
	179	+	-5- REMUNERATION PAID TO A THIRD PARTY IN THE IMMEDIATELY PRECEDING1
	180	+	CALENDAR YEAR FOR:2
157	181		(A) M
158		-	ARKETING, PROMOTING, OR ENROLLING PARTICIPANTS IN A
159		-	PLAN OR ARRANGEMENT OFFERED BY THE PERSON IN THIS STATE
160		-	; OR
161		-	(B) OPERATING, MANAGING, OR ADMINISTERING A PLAN OR
162		-	ARRANGEMENT OFFERED BY THE PERSON IN THIS STATE
163		-	;
164		-	(XVI) T
165		-	HE TOTAL NUMBER OF PRODUCERS THAT ARE ASSOCIATED
166		-	WITH OR ASSIST THE PERSON IN OFFERING OR ENROLLING PARTICIPANTS IN
167		-	THIS STATE IN THE PLAN OR ARRANGEMENT
168		-	, THE TOTAL NUMBER OF
169		-	PARTICIPANTS ENROLLED IN THE PLAN OR ARRANGEMENT THROUGH A
170		-	PRODUCER
171		-	, COPIES OF ANY TRAINING MATERIALS PROVIDED TO A PRODUCER ,
172		-	AND A DETAILED ACCOUNTING OF ANY COMMISSIONS OR OTHER FEES OR
173		-	REMUNERATION PAID TO A PRODUCER IN THE IMMEDIATELY PRECEDING
174		-	CALENDAR YEAR FOR MARKETING
175		-	, PROMOTING, OR ENROLLING
176		-	PARTICIPANTS IN A PLAN OR ARRANGEMENT OFFERED BY THE PERSON IN THIS
177		-	STATE
178		-	;
179		-	(XVII) C
180		-	OPIES OF ANY CONSUMER -FACING AND MARKETING
181		-	MATERIALS USED IN THIS STATE IN PROMOTING THE PERSON
182		-	'S PLAN OR
183		-	ARRANGEMENT
184		-	, INCLUDING PLAN OR ARRANGEMENT AND BENEFIT
185		-	DESCRIPTIONS AND OTHER MATERIALS THAT EXPLAIN THE PLAN OR
186		-	ARRANGEMENT
187		-	;
188		-	(XVIII) T
189		-	HE NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND
190		-	TELEPHONE NUMBER OF AN INDIVIDUAL SERVING AS A CONTACT PERSON FOR
191		-	THE PERSON IN THIS STATE
192		-	;
193		-	(XIX) A
194		-	LIST OF ANY PARENT COMPANIES, SUBSIDIARIES, AND OTHER
195		-	NAMES THAT THE PERSON HAS OPERATED UNDER AT ANY TIME WITHIN THE
196		-	IMMEDIATELY PRECEDING FIVE CALENDAR YEARS
197		-	; AND
198		-	PAGE 4-HOUSE BILL 22-1269 (XX) AN ORGANIZATIONAL CHART FOR THE PERSON AND A LIST OF
199		-	THE OFFICERS AND DIRECTORS OF THE PERSON
200		-	;
	182	+	ARKETING, PROMOTING, OR ENROLLING PARTICIPANTS IN A3
	183	+	PLAN OR ARRANGEMENT OFFERED BY THE PERSON IN THIS STATE ; OR4
	184	+	(B) O
	185	+	PERATING, MANAGING, OR ADMINISTERING A PLAN OR5
	186	+	ARRANGEMENT OFFERED BY THE PERSON IN THIS STATE ;6
	187	+	(XVI) THE TOTAL NUMBER OF PRODUCERS THAT ARE ASSOCIATED7
	188	+	WITH OR ASSIST THE PERSON IN OFFERING OR ENROLLING PARTICIPANTS IN8
	189	+	THIS STATE IN THE PLAN OR ARRANGEMENT , THE TOTAL NUMBER OF9
	190	+	PARTICIPANTS ENROLLED IN THE PLAN OR ARRANGEMENT THROUGH A10
	191	+	PRODUCER, COPIES OF ANY TRAINING MATERIALS PROVIDED TO A11
	192	+	PRODUCER, AND A DETAILED ACCOUNTING OF ANY COMMISSIONS OR12
	193	+	OTHER FEES OR REMUNERATION PAID TO A PRODUCER IN THE13
	194	+	IMMEDIATELY PRECEDING CALENDAR YEAR FOR MARKETING , PROMOTING,14
	195	+	OR ENROLLING PARTICIPANTS IN A PLAN OR ARRANGEMENT OFFERED BY15
	196	+	THE PERSON IN THIS STATE;16
	197	+	(XVII) COPIES OF ANY CONSUMER -FACING AND MARKETING17
	198	+	MATERIALS USED IN THIS STATE IN PROMOTING THE PERSON 'S PLAN OR18
	199	+	ARRANGEMENT, INCLUDING PLAN OR ARRANGEMENT AND BENEFIT19
	200	+	DESCRIPTIONS AND OTHER MATERIALS THAT EXPLAIN THE PLAN OR20
	201	+	ARRANGEMENT;21
	202	+	(XVIII) THE NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND22
	203	+	TELEPHONE NUMBER OF AN INDIVIDUAL SERVING AS A CONTACT PERSON23
	204	+	FOR THE PERSON IN THIS STATE;24
	205	+	(XIX) A LIST OF ANY PARENT COMPANIES , SUBSIDIARIES, AND25
	206	+	OTHER NAMES THAT THE PERSON HAS OPERATED UNDER AT ANY TIME26
	207	+	WITHIN THE IMMEDIATELY PRECEDING FIVE CALENDAR YEARS ; AND27
	208	+	1269
	209	+	-6- (XX) AN ORGANIZATIONAL CHART FOR THE PERSON AND A LIST OF1
	210	+	THE OFFICERS AND DIRECTORS OF THE PERSON ;2
	211	+	3
201	212		(b) A
202		-	CERTIFICATION BY AN OFFICER OF THE PERSON THAT , TO THE
203		-	BEST OF THE PERSON
204		-	'S GOOD-FAITH KNOWLEDGE AND BELIEF , THE
205		-	INFORMATION SUBMITTED IS ACCURATE AND SATISFIES THE REQUIREMENTS
206		-	OF THIS SUBSECTION
207		-	(1).
	213	+	CERTIFICATION BY AN OFFICER OF THE PERSON THAT, TO THE4
	214	+	BEST OF THE PERSON'S GOOD-FAITH KNOWLEDGE AND BELIEF , THE5
	215	+	INFORMATION SUBMITTED IS A CCURATE AND SATISFIES THE6
	216	+	REQUIREMENTS OF THIS SUBSECTION (1).7
208	217		(2) (a) I
209		-	F THE PERSON SUBJECT TO THE REQUIREMENTS OF
210		-	SUBSECTION
211		-	(1) OF THIS SECTION FAILS TO SUBMIT THE INFORMATION OR
212		-	CERTIFICATION REQUIRED BY SAID SUBSECTION
213		-	, THE SUBMISSION IS
214		-	INCOMPLETE
215		-	. THE COMMISSIONER SHALL MAKE A DETERMINATION OF
216		-	COMPLETENESS NO LATER THAN FORTY
217		-	-FIVE DAYS AFTER THE SUBMISSION.
	218	+	F THE PERSON SUBJECT TO THE REQUIREMENTS OF8
	219	+	SUBSECTION (1) OF THIS SECTION FAILS TO SUBMIT THE INFORMATION OR9
	220	+	CERTIFICATION REQUIRED BY SAID SUBSECTION , THE SUBMISSION IS10
	221	+	INCOMPLETE. THE COMMISSIONER SHALL MAKE A DETERMINATION OF11
	222	+	COMPLETENESS NO LATER THAN FORTY -FIVE DAYS AFTER THE SUBMISSION.12
218	223		I
219		-	F THE COMMISSIONER HAS NOT INFORMED THE PERSON OF ANY DEFICIENCIES
220		-	IN THE SUBMISSION WITHIN FORTY
221		-	-FIVE DAYS AFTER RECEIVING THE
222		-	SUBMISSION
223		-	, THE SUBMISSION IS CONSIDERED COMPLETE .
224		-	(b) (I) I
225		-	F THE COMMISSIONER DETERMINES THAT A PERSON FAILS TO
226		-	COMPLY WITH THE REQUIREMENTS OF SUBSECTION
227		-	(1) OF THIS SECTION, THE
228		-	COMMISSIONER SHALL
229		-	:
230		-	(A) N
231		-	OTIFY THE PERSON THAT THE SUBMISSION IS INCOMPLETE AND
232		-	ENUMERATE IN THE NOTIFICATION EACH DEFICIENCY FOUND IN THE PERSON
233		-	'S
234		-	SUBMISSION
235		-	; AND
236		-	(B) ALLOW THE PERSON THIRTY DAYS AFTER NOTICE OF THE
237		-	INCOMPLETE SUBMISSION TO REMEDY THE DEFICIENCY FOUND IN THE
238		-	SUBMISSION
239		-	.
240		-	(II) I
241		-	F THE PERSON DOES NOT REMEDY THE DEFICIENCY WITHIN THE
242		-	THIRTY
243		-	-DAY PERIOD, THE COMMISSIONER MAY LEVY A FINE NOT TO EXCEED
244		-	FIVE THOUSAND DOLLARS PER DAY
245		-	.
246		-	(III) I
247		-	F THE PERSON DOES NOT REMEDY THE DEFICIENCY OR
248		-	DEFICIENCIES WITHIN THIRTY DAYS AFTER THE INITIAL FINE IS LEVIED
249		-	, THE
250		-	COMMISSIONER MAY ISSUE A CEASE
251		-	-AND-DESIST ORDER IN ACCORDANCE
252		-	WITH SECTION
253		-	10-3-904.5.
	224	+	F THE COMMISSIONER HAS NOT INFORMED THE PERSON OF ANY13
	225	+	DEFICIENCIES IN THE SUBMISSION WITHIN FORTY -FIVE DAYS AFTER14
	226	+	RECEIVING THE SUBMISSION, THE SUBMISSION IS CONSIDERED COMPLETE .15
	227	+	(b) (I) IF THE COMMISSIONER DETERMINES THAT A PERSON FAILS16
	228	+	TO COMPLY WITH THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION,17
	229	+	THE COMMISSIONER SHALL:18
	230	+	(A) NOTIFY THE PERSON THAT THE SUBMISSION IS INCOMPLETE19
	231	+	AND ENUMERATE IN THE NOTIFICATION EACH DEFICIENCY FOUND IN THE20
	232	+	PERSON'S SUBMISSION; AND21
	233	+	(B) ALLOW THE PERSON THIRTY DAYS AFTER NOTICE OF THE22
	234	+	INCOMPLETE SUBMISSION TO REMEDY THE DEFICIENCY FOUND IN THE23
	235	+	SUBMISSION.24
	236	+	(II) IF THE PERSON DOES NOT REMEDY THE DEFICIENCY WITHIN THE25
	237	+	THIRTY-DAY PERIOD, THE COMMISSIONER MAY LEVY A FINE NOT TO26
	238	+	EXCEED FIVE THOUSAND DOLLARS PER DAY .27
	239	+	1269
	240	+	-7- (III) IF THE PERSON DOES NOT REMEDY THE DEFICIENCY OR1
	241	+	DEFICIENCIES WITHIN THIRTY DAYS AFTER THE INITIAL FINE IS LEVIED, THE2
	242	+	COMMISSIONER MAY ISSUE A CEASE-AND-DESIST ORDER IN ACCORDANCE3
	243	+	WITH SECTION 10-3-904.5.4
254	244		(3) O
255		-	N OR BEFORE APRIL 1, 2023, AND ON OR BEFORE EACH
256		-	PAGE 5-HOUSE BILL 22-1269 OCTOBER 1 THEREAFTER, THE COMMISSIONER SHALL:
	245	+	N OR BEFORE APRIL 1, 2023, AND ON OR BEFORE EACH5
	246	+	O
	247	+	CTOBER 1 THEREAFTER, THE COMMISSIONER SHALL:6
257	248		(a) P
258		-	REPARE A WRITTEN REPORT SUMMARIZING THE INFORMATION
259		-	SUBMITTED BY PERSONS PURSUANT TO SUBSECTION
260		-	(1) OF THIS SECTION;
261		-	AND
262		-	(b) POST ON THE DIVISION'S WEBSITE THE REPORT AND ACCURATE
263		-	AND EVIDENCE
264		-	-BASED INFORMATION ABOUT THE PERSONS WHO SUBMITTED
265		-	INFORMATION PURSUANT TO SUBSECTION
266		-	(1) OF THIS SECTION, INCLUDING
267		-	HOW CONSUMERS MAY FILE COMPLAINTS
268		-	.
	249	+	REPARE A WRITTEN REPORT SUMMARIZING THE INFORMATION7
	250	+	SUBMITTED BY PERSONS PURSUANT TO SUBSECTION (1) OF THIS SECTION;8
	251	+	AND9
	252	+	(b) P
	253	+	OST ON THE DIVISION'S WEBSITE THE REPORT AND
	254	+	ACCURATE10
	255	+	AND EVIDENCE-BASED INFORMATION ABOUT THE PERSONS WHO11
	256	+	SUBMITTED INFORMATION PURSUANT TO SUBSECTION (1) OF THIS SECTION,12
	257	+	INCLUDING HOW CONSUMERS MAY FILE COMPLAINTS .13
269	258		(4) T
270		-	HE COMMISSIONER MAY ADOPT RULES AS NECESSARY TO
271		-	IMPLEMENT THIS SECTION
272		-	.
273		-	(5) T
274		-	HIS SECTION DOES NOT APPLY TO:
275		-	(a) D
276		-	IRECT PRIMARY CARE AGREEMENTS AS DEFINED IN ARTICLE 23
277		-	OF TITLE 6; OR
278		-	(b) OTHER CONSUMER PAYMENT ARRANGEMENTS IDENTIFIED BY THE
279		-	COMMISSIONER BY RULE
280		-	, INCLUDING CONSUMER PAYMENT PLANS OFFERED
281		-	DIRECTLY BY A PROVIDER TO A PATIENT OR THE PARTY RESPONSIBLE FOR
282		-	PAYMENT ON BEHALF OF THE PATIENT
283		-	.
284		-	SECTION 2. In Colorado Revised Statutes, 10-3-904.5, amend
285		-	(1)(a) as follows:
286		-	10-3-904.5. Emergency cease-and-desist orders - issuance.
287		-	(1) The commissioner may issue an emergency cease-and-desist order ex
288		-	parte if:
289		-	(a) The commissioner believes that:
290		-	(I) An unauthorized person is engaging in the business of insurance
291		-	in violation of the provisions
292		-	of section 10-3-105 or 10-3-903 or is in
293		-	violation of a rule promulgated by the commissioner; and OR
294		-	(II) A PERSON IS FAILING TO REMEDY OR HAS NOT REMEDIED A
295		-	DEFICIENCY OR DEFICIENCIES IN THE SUBMISSION REQUIRED PURSUANT TO
296		-	SECTION
297		-	10-16-107.4 (1) WITHIN THE THIRTY DAYS AFTER THE
298		-	PAGE 6-HOUSE BILL 22-1269 COMMISSIONER LEVIES AN INITIAL FINE PURSUANT TO SECTION 10-16-107.4
299		-	(2)(b)(II);
300		-	AND
301		-	SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
302		-	$84,568 is appropriated to the department of regulatory agencies. This
303		-	appropriation is from the division of insurance cash fund created in section
304		-	10-1-103 (3), C.R.S. To implement this act, the department may use this
305		-	appropriation as follows:
306		-	(a) $39,097 for use by the division of insurance for personal
307		-	services, which amount is based on an assumption that the division will
308		-	require an additional 0.5 FTE;
309		-	(b) $6,875 for use by the division of insurance for operating
310		-	expenses;
311		-	(c) $19,714 for the purchase of legal services; and
312		-	(d) $18,882 for the purchase of information technology services.
313		-	(2) For the 2022-23 state fiscal year, $19,714 is appropriated to the
314		-	department of law. This appropriation is from reappropriated funds received
315		-	from the department of regulatory agencies under subsection (1)(c) of this
316		-	section and is based on an assumption that the department of law will
317		-	require an additional 0.1 FTE. To implement this act, the department of law
318		-	may use this appropriation to provide legal services for the department of
319		-	regulatory agencies.
320		-	(3) For the 2022-23 state fiscal year, $18,882 is appropriated to the
321		-	office of the governor for use by the office of information technology. This
322		-	appropriation is from reappropriated funds received from the department of
323		-	regulatory agencies under subsection (1)(d) of this section. To implement
324		-	this act, the office may use this appropriation to provide information
325		-	technology services for the department of regulatory agencies.
326		-	SECTION 4. Applicability. This act applies to conduct occurring
327		-	on or after the effective date of this act.
328		-	PAGE 7-HOUSE BILL 22-1269 SECTION 5. Safety clause. The general assembly hereby finds,
329		-	determines, and declares that this act is necessary for the immediate
330		-	preservation of the public peace, health, or safety.
331		-	____________________________ ____________________________
332		-	Alec Garnett Steve Fenberg
333		-	SPEAKER OF THE HOUSE PRESIDENT OF
334		-	OF REPRESENTATIVES THE SENATE
335		-	____________________________ ____________________________
336		-	Robin Jones Cindi L. Markwell
337		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
338		-	OF REPRESENTATIVES THE SENATE
339		-	APPROVED________________________________________
340		-	(Date and Time)
341		-	_________________________________________
342		-	Jared S. Polis
343		-	GOVERNOR OF THE STATE OF COLORADO
344		-	PAGE 8-HOUSE BILL 22-1269
	259	+	HE COMMISSIONER MAY ADOPT RULES AS NECESSARY TO14
	260	+	IMPLEMENT THIS SECTION.15 (5) THIS SECTION DOES NOT APPLY TO:16
	261	+	(a) DIRECT PRIMARY CARE AGREEMENTS AS DEFINED IN ARTICLE17
	262	+	23 OF TITLE 6; OR18
	263	+	(b) OTHER CONSUMER PAYMENT ARRANGEMENTS IDENTIFIED BY19
	264	+	THE COMMISSIONER BY RULE, INCLUDING CONSUMER PAYMENT PLANS20
	265	+	OFFERED DIRECTLY BY A PROVIDER TO A PATIENT OR THE PARTY21
	266	+	RESPONSIBLE FOR PAYMENT ON BEHALF OF THE PATIENT .22
	267	+	SECTION 2. In Colorado Revised Statutes, 10-3-904.5, amend23
	268	+	(1)(a) as follows:24
	269	+	10-3-904.5. Emergency cease-and-desist orders - issuance.25
	270	+	(1) The commissioner may issue an emergency cease-and-desist order ex26
	271	+	parte if:27
	272	+	1269
	273	+	-8- (a) The commissioner believes that:1
	274	+	(I) An unauthorized person is engaging in the business of2
	275	+	insurance in violation of the provisions of section 10-3-105 or 10-3-9033
	276	+	or is in violation of a rule promulgated by the commissioner; and OR4
	277	+	(II) A PERSON IS FAILING TO REMEDY OR HAS NOT REMEDIED A 5
	278	+	DEFICIENCY OR DEFICIENCIES IN THE SUBMISSION REQUIRED PURSUANT TO6
	279	+	SECTION 10-16-107.4 (1) WITHIN THE THIRTY DAYS AFTER THE7
	280	+	COMMISSIONER LEVIES AN INITIAL FINE PURSUANT TO SECTION8
	281	+	10-16-107.4 (2)(b)(II); AND9
	282	+	SECTION 3. Appropriation. (1) For the 2022-23 state fiscal10
	283	+	year, $84,568 is appropriated to the department of regulatory agencies.11
	284	+	This appropriation is from the division of insurance cash fund created in12
	285	+	section 10-1-103 (3), C.R.S. To implement this act, the department may13
	286	+	use this appropriation as follows:14
	287	+	(a) $39,097 for use by the division of insurance for personal15
	288	+	services, which amount is based on an assumption that the division will16
	289	+	require an additional 0.5 FTE;17
	290	+	(b) $6,875 for use by the division of insurance for operating18
	291	+	expenses;19
	292	+	(c) $19,714 for the purchase of legal services; and20
	293	+	(d) $18,882 for the purchase of information technology services.21
	294	+	(2) For the 2022-23 state fiscal year, $19,714 is appropriated to22
	295	+	the department of law. This appropriation is from reappropriated funds23
	296	+	received from the department of regulatory agencies under subsection24
	297	+	(1)(c) of this section and is based on an assumption that the department25
	298	+	of law will require an additional 0.1 FTE. To implement this act, the26
	299	+	department of law may use this appropriation to provide legal services for27
	300	+	1269
	301	+	-9- the department of regulatory agencies.1
	302	+	(3) For the 2022-23 state fiscal year, $18,882 is appropriated to2
	303	+	the office of the governor for use by the office of information technology.3
	304	+	This appropriation is from reappropriated funds received from the4
	305	+	department of regulatory agencies under subsection (1)(d) of this section.5
	306	+	To implement this act, the office may use this appropriation to provide6
	307	+	information technology services for the department of regulatory7
	308	+	agencies.8
	309	+	SECTION 4. Applicability. This act applies to conduct occurring9
	310	+	on or after the effective date of this act.10
	311	+	SECTION 5. Safety clause. The general assembly hereby finds,11
	312	+	determines, and declares that this act is necessary for the immediate12
	313	+	preservation of the public peace, health, or safety.13
	314	+	1269
	315	+	-10-