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House committee prepares amendment to H.80 to alter health care advocate access and rate‑review language
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Summary
Legislative counsel presented a draft amendment to the committee report on H.80 that replaces 'articulable nexus' with 'substantial relationship' for Office of the Health Care Advocate questions to the Green Mountain Care Board; the committee took a straw poll and most members agreed to cosponsor the amendment.
The committee moved from expert testimony to legislative business and heard from Jen Harvey of the Office of Legislative Council about a proposed amendment to H.80 affecting the Office of the Health Care Advocate’s role in rate review and access to confidential materials.
Harvey explained the amendment would replace the phrase “articulable nexus to the filing” with “questions with a substantial relationship to the rate filing and review criteria” for the office’s ability to submit questions the Green Mountain Care Board should ask insurers or their contracting actuaries. She also said the board had requested removal of the word “contemporaneously” from a posting requirement; the draft amendment implements that removal.
Harvey described two places in the statute affected by the change: (1) language governing the Office of the Health Care Advocate’s suggested questions to the board’s contracting actuary in a rate filing, and (2) the office’s access to confidential or proprietary information with a caveat that state or federal law and privileges still govern disclosure.
The committee’s chair opened the floor for cosponsorship of the amendment. A member asked procedural questions about how the markup would be offered on the floor; counsel said the draft was prepared so it could be sent to the calendar if the committee pursued it. After discussion, the chair reported a straw poll: the committee would recommend the amendment and members agreed to be listed as cosponsors “the entire committee minus Representative Houghton,” who was not present.
Harvey answered a question about confidentiality: some items protected by federal law (for example, HIPAA) or attorney‑client privilege would remain undisclosable; other material could be shared when not otherwise prohibited. Members discussed the role of rulemaking for clarifying operational phrases in bills (for example, whether “complete an exam” implies passing a test), and the committee agreed to coordinate with legislative counsel on late technical fixes if needed.
Ending: The committee scheduled further coordination with clerks and legislative counsel on likely floor amendments and follow‑up rulemaking, and signaled intent to proceed with the H.80 amendment as drafted.
