Digest of Bills - 2007

INSURANCE

S.B. 07-36 Mandatory health care coverage - mental disorders - exclusions - appropriation. Expands mandatory health insurance coverage to require coverage for the treatment of mental disorders that is no less extensive than the coverage provided for a physical illness. Defines "mental disorders" to include:

         Posttraumatic stress disorder;

         Drug and alcohol disorders;

         Dysthymia;

         Cyclothymia;

         Social phobia;

         Agoraphobia with panic disorder;

         General anxiety disorder; and

         Anorexia nervosa and bulimia nervosa to the extent those diagnoses are treated on an out-patient, day treatment, and in-patient basis, exclusive of residential treatment.

Exempts small group plans from the requirement to cover mental disorders. Allows a carrier that does not use utilization review mechanisms in determining whether to provide coverage of a physical illness to use utilization review mechanisms for determining whether to provide coverage for drug and alcohol disorders and eating disorders as part of the required coverage of mental disorders. Allows a health maintenance organization to cover the required benefits only if the services are rendered by a provider who is designated by and affiliated with the organization.

For the implementation of the act, appropriates $11,011 to the indigent care program of the children's basic health plan trust, decreases the general fund appropriation to the controlled maintenance trust fund by $11,011, and appropriates $31,459 to the indigent care program for children's basic health plan premium costs.

Makes the act effective January 1, 2008, and applicable to group health insurance policies, plans, or contracts offered, issued, or renewed on or after said date.

APPROVED by Governor May 30, 2007
EFFECTIVE January 1, 2008

S.B. 07-49 CoverColorado - coordination of benefits plans - premiums - eligibility - coverage. Authorizes the board of directors of the CoverColorado program to establish one or more coordination of benefits plan designs. Delineates the method for setting the premiums for a CoverColorado coordination of benefits plan using the standard risk rate. Specifies that a Colorado resident who has legally resided in the United States for at least 6 months is eligible for coverage under a coordination of benefits plan if the individual is:

         Under age 65;

         Eligible for medicare by reason of disability;

         Enrolled in parts A and B of medicare; and

         Not applying to the program during the open enrollment period for a

medicare supplement policy.

Requires CoverColorado plans to renew policies until the day the covered individual

turns 65 and becomes eligible for medicare coverage based on age. Specifies the types of expenses covered by a coordination of benefits plan and the limits of coverage. States that the general assembly anticipates that, for the fiscal year beginning July 1, 2007, the state treasurer will transfer $1,062,000 out of moneys available in the unclaimed property trust fund for the implementation of the act.

APPROVED by Governor April 19, 2007
EFFECTIVE April 19, 2007

S.B. 07-74 Health care task force - duties - electronic medical records. Directs the health care task force to examine and make recommendations concerning electronic medical records systems and the implementation of an interoperable, statewide electronic health information exchange.

APPROVED by Governor May 25, 2007
EFFECTIVE May 25, 2007

S.B. 07-78 Sickness and accident insurance - mandatory offer of home health services and hospice care coverage - small group health plans. For basic health benefit plans issued or renewed to small groups on or after January 1, 2008, restores the requirement that policyholders be offered the opportunity to purchase coverage for benefits for the costs of medically necessary home health services and hospice care.

APPROVED by Governor April 11, 2007
EFFECTIVE January 1, 2008

S.B. 07-104 Blue ribbon commission for health care reform - members - number - governor appointments. Increases the number of members of the blue ribbon commission for health care reform by allowing the governor to appoint 3 additional citizens of the state at large to serve at the pleasure of the governor.

APPROVED by Governor March 22, 2007
EFFECTIVE March 22, 2007

S.B. 07-191 Life insurance regulation - continuation. Continues the functions of the division of insurance in the department of regulatory agencies relating to the regulation of life insurance until July 1, 2016.

APPROVED by Governor April 2, 2007
EFFECTIVE July 1, 2007

S.B. 07-233 Uniform health care claim form - updated name. Updates the name of the uniform health care claim form that is required by the centers for medicare and medicaid services to be used by all health care providers and carriers in the state.

APPROVED by Governor May 17, 2007
EFFECTIVE May 17, 2007

S.B. 07-249 Title insurance - enforcement - investigations - market analysis - reports to general assembly - fees - appropriation. Directs the commissioner of insurance to assess an annual fee upon title insurers in an amount sufficient to support two additional full-time employees within the division of insurance (division) to conduct market analyses, investigations, and enforcement activities. Makes the annual fee payable on March 1 of each year. Requires the assessment of a one-time surcharge for startup costs, payable by September 1, 2007, and based upon such insurers' Colorado-derived premiums as of March 1, 2007.

Requires the division to report annually, beginning in January of 2009, to the joint budget committee and the business affairs committees of the house of representatives and the senate on the number of enforcement actions taken, market trends associated with title insurance and real estate transactions, and consumer complaints. Directs that this information also be posted on the division's web site.

Appropriates $143,448 and 1.7 FTE to the department of regulatory agencies, division of insurance, for the implementation of the act.

APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007

S.B. 07-256 Motor vehicle insurance - uninsured/underinsured motorist coverage - relation to other coverage - stacking - limitations. If a consumer opts to purchase uninsured and underinsured motor vehicle insurance, requires the insurance be provided as excess to any motor vehicle liability coverage. Requires the uninsured and underinsured coverage to pay the difference between the amount of any legal liability coverage and the amount of the damages sustained. Prohibits the reduction of the uninsured and underinsured insurance coverage from a setoff from any other insurance.

Eliminates language expressly permitting and endorsing policy terms that prohibit stacking of coverages. Allows a single policy that covers multiple vehicles to be limited to applying once per accident.

Applies to insurance policies issued or renewed on or after January 1, 2008.

APPROVED by Governor June 1, 2007
EFFECTIVE January 1, 2008

H.B. 07-1039 Long-term care insurance - conform to national model. Conforms the "Long-term Care Insurance Act" to the national association of insurance commissioners model act. Allows a carrier that issues a long-term care policy to employers or labor organizations to omit the otherwise-required outline of the coverage if the outline information is included in other enrollment materials. Requires the outline to include a statement as to whether the policy is intended to be a federally tax-qualified long-term care insurance contract.

Requires a certificate of insurance to be delivered to the applicant no later than 30 days after the contract is approved. Requires specific information to be included in the policy summary, and requires the summary to be delivered at the time the policy is delivered.

Requires a monthly report to be delivered to a policyholder any time a long-term care benefit, funded through a life insurance vehicle by the acceleration of the death benefit, is in benefit payment status. Requires specific information to be included in the monthly report. Specifies that a carrier must offer the option of purchasing a nonforfeiture benefit with each long-term care policy. Directs the commissioner of insurance to promulgate rules specifying the types of nonforfeiture benefits that shall be offered.

Requires an insurance producer to be licensed; to complete a training course prior to selling, soliciting, or negotiating long-term care insurance; and to keep records that he or she has received the proper training.

APPROVED by Governor March 26, 2007
EFFECTIVE January 1, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1101 Division of insurance - health insurance costs - Pueblo study - appropriation. Instructs the division of insurance to conduct a study of the factors that drive health insurance costs in the Pueblo area. Defines the parameters of the study and the data to be gathered and analyzed. Authorizes the division to contract with a nonprofit entity to analyze data collected by the division and prepare a report of the analysis of such data.

Requires the study results to be reported to the general assembly by January 15, 2009.

Appropriates $29,569 to the division for the implementation of the act.

APPROVED by Governor June 4, 2007
EFFECTIVE June 4, 2007

H.B. 07-1104 Property - repair business referral - appropriation. Regulates the referral by an insurance company of an insured under a policy of property insurance to a property repair business.

Appropriates $10,201 to the department of regulatory agencies for allocation to the insurance division for the implementation of this act.

APPROVED by Governor May 18, 2007
EFFECTIVE May 18, 2007

H.B. 07-1234 Rate filings - division - post public notice - appropriation. Requires the division of insurance to post a rate filing summary for most type II kinds of insurance and health insurance on its web site. Requires the summary to include the standards for insurance rates and the power that the commissioner of insurance has to review rates that are excessive, inadequate, or unfairly discriminatory. Requires rate filings to be filed electronically unless exempted by rule for an emergency situation as determined by the commissioner.

Appropriates $42,000 to the department of regulatory agencies for allocation to the division of insurance for implementation of the act.

APPROVED by Governor June 1, 2007
EFFECTIVE January 1, 2008

H.B. 07-1253 Health care coverage - mandatory coverage - uniformed services of the United States. Prohibits an insurance carrier from denying coverage to an individual solely based on that individual's membership in the uniformed services of the United States.

APPROVED by Governor April 2, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1355 Small group health insurance - determination of premium rates. Removes claims experience and health status as case characteristics that may be considered by an insurance carrier in the determination of premium rates for small employers over a phase-in period. Updates the insurance commissioner's reporting requirement to the general assembly.

APPROVED by Governor June 1, 2007
PORTIONS EFFECTIVE January 1, 2008
PORTIONS EFFECTIVE January 1, 2009

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1360 Blue ribbon commission for health care reform - legislative branch. Clarifies that the blue ribbon commission for health care reform is in the legislative branch. Establishes that the "Procurement Code" does not apply to the commission. Authorizes legislative council staff and the office of legislative legal services to assist the commission when requested by the speaker of the house of representatives and the president of the senate. Requires the project coordinator to contract with an independent consulting firm. Designates how the project coordinator may use gifts, grants, and donations. Extends the deadline for submittal of the report to the general assembly to January 31, 2008.

APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007

H.B. 07-1364 Life insurance - sales and marketing practices to military - rules. Requires the commissioner of insurance to promulgate rules, consistent with federal law, to define dishonest, unfair, and deceptive marketing and sales practices to military personnel and their families.

APPROVED by Governor June 1, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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