Cortez Journal

Who lobbies for ordinary people?

April 4, 2000

By Rep. Mark Larson

I thought it might be of interest to know how an idea becomes a bill and what happens between the bills drafting and hearing in committee. My recently killed HB 1424 - PIP Insurance Medical Billings, is a good example of how things sometimes work ... and not always to the liking of the legislator.

Last summer I spoke with a couple of constituents who had experienced a life-altering car accident and had undergone several resulting surgeries and procedures. During their trauma the insurance company and medical provider were in disagreement on the cost of the services provided and the medical provider ended up filing collection actions against the recovering constituents. Under current Colorado law, the insurance company has the right to reject portions of a medical provider billing that are considered unreasonable, unnecessary or not a result of an accident. Accordingly, and under Colorado law, the medical provider can then attempt collection of these disputed charges from the insured person, who many times may still be recovering from the accident. The crowning blow is when the medical provider files collection actions against the insured and ends up ruining their credit history over disputed insurance charges the insured thought were covered.

My bill essentially said that a medical provider could not ruin a insured persons credit as a result of a disputed claim.

After I introduced the bill I scheduled a series of meetings with the medical provider community and the insurance companies in an attempt to work out any of the potential unintended pitfalls that sometimes result. The meetings were well attended by a broad cross-section of the medical industry and insurance companies. What I immediately found was that the hospitals and especially chiropractors, felt it absolutely necessary to keep the potential credit ruining threat over the insured's head in order to, and in the providers words, keep the insurance companies from "unilaterally rejecting" bills without sufficient cause. When I asked about the protections of the Deceptive Practices Act and intervention from the Division of Insurance offered to providers, the providers maintained that these protections were not enough and that it was absolutely necessary to keep the insured in the middle.

Many other considerations about the bill surfaced that would take must more room and time to develop than we have here today. I made the decision after three very constructive meetings to proceed with the bill. Immediately, the medical providers unleashed a firestorm of telephone calling, e-mails, faxes, letters and office visits proclaiming how damaging this bill would be to the medical industry. Unfor-tunately, none of the people the bill was intended to protect — you, the consumers who get caught in the middle — were able to be heard above the roar of the providers.

After three hours of committee testimony and at one point a heated exchange between me and the chiropractic association lobbyist, it became clear that the bill was in trouble. I attempted to keep it alive by laying it over until the next committee meeting to see if I could work out any saving alterations.

I vowed a long time ago to not count votes on my bills but would let the merit of the measure carry the votes without political intervention. That philosophy has done well for me. I was honored that members of the committee came to me stating they would vote for the bill just to "get it to the floor for debate" even against the hundreds of protests they were receiving from constituents against the bill. Before the committee meeting that would determine the fate of HB 1424, I went to each member and asked that they vote their conscience and the will of their constituents and released any obligation they had offered to get the bill to the floor. HB 1424 was postponed indefinitely.

HB 1424 is a good example of a bill that is founded in good intentions and would help many people, only to be overwhelmed by well-organized and funded lobbying organizations. I will continue to wonder who lobbies for those caught in the middle.

Rep. Larson can be reached by phone in the Capitol at (303) 866-2914; fax: (303) 866-2218; mail address: State Capitol, Denver, CO 80203; e-mail address: mlarson@sni.net. Legislation can be followed online at http://www.state.co.us/gov_dir/stateleg.htm.

Copyright © 2000 the Cortez Journal. All rights reserved.
Write the Editor
Home News Sports Business Obituaries Opinion Classified Ads Subscriptions Links About Us