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Attorney Trey Rogers testified that 'the fee that this enterprise purports to impose is in actuality, a tax,' arguing there is no nexus between fee payers and the service provided and that the bill will generate well over $100 million in its first five years, requiring voter approval. Representative Marshall argued he would use hearing transcripts in future litigation because sponsors and witnesses repeatedly described the fund as going to general Medicaid purposes. Bill sponsor Lisa Feret countered that amendment L002 strengthens the nexus argument by allowing direct funds to flow back to employers via wellness and on-site clinics, and that the AG's office was consulted.
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“Let us have it. Thank you, Mr. Chair. Thank you for the opportunity to testify today. My name is Trey Rogers. I'm here on behalf of the Colorado Retail Council. I'm a lawyer in Colorado, and I've been in practice for 29 years, in private practice for 29 years, except for three years that I spent as Governor Ritter's chief legal counsel. And in that position, I wrote legislation. I participated actively in litigation to defend the state against claims that bills passed by this body were violated tabor. And so it's a little strange for me to”
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Sign in to subscribeThe committee will come to order. Please call the roll. Representative Spacon? Here. Brooks. Present. Camacho. Here. DeGraff? Yep. Garcia. Here. Gonzalez. Hi. Hartsuk? Here. Marshall? Here. Stewart. Here to tone. Yes. Mr. Chair here. Running at full steam. All right, first bill up 1327. Representative Ferre, kick us off. Thank you, Mr. Chair. This has been a bill that I've talked with all of you at length about over the past couple of months. Really great work between different departments, different organizations to try to tackle this topic. So the bill will collect a reasonable fee by the nation's largest employers to help support providers and keep them the Medicaid workers healthy and working in health Committee. We brought amendments to tackle some of the stakeholders concerns around targeting some of those Medicaid members and removed the overflow fund so they would only be able to collect with that enterprise. I'll be bringing an amendment today to talk a little bit about the additional concerns that we've discussed with the ags and AG and Governor's office around just that nexus argument for tabor. And I understand that there are some different philosophies around enterprises and tabor and I respect…
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