H_HHS_2024A 05/02/2024 06:49:06 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON HEALTH & HUMAN SERVICES Date 05/02/2024 Attendance Bradfield X Bradley X Brown X English * Hamrick X Hernandez * Lieder * McCormick * Ortiz X Weinberg * Wilson X Young X Daugherty X Time 06:49:06 PM to 10:53:06 PM Place Old State Library This Meeting was called to order by Daugherty This Report was prepared by Eliyah Chadioun Hearing Items Action Taken hSB24-054 Referred to House Appropriations hSB24-080 Referred to House Appropriations hSB24-116 Referred to House Appropriations hSB24-059 Postponed Indefinitely hSB24-124 Amended, referred to the Committee of the Whole hSB24-007 Referred to House Appropriations hSB24-040 Referred to the Committee of the Whole hSB24-209 Amended, referred to the Committee of the Whole SB24-054 - Referred to House Appropriations Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/8134DA5B33B8...$File/Attachment A - Combined.pdf?OpenElement Attachment A - Combined.pdf 06:49:47 PM The primary bill sponsors, Representative Brown and Mabrey, introduced Senate Bill 24-054 to the House Health and Human Services Committee. The bill requires state-regulated insurance plans to cover lifestyle therapy, bariatric surgery, and U.S. Food and Drug Administration (FDA)- approved anti-obesity medication for the treatment of chronic obesity and pre-diabetes. The bill states coverage restrictions cannot be more restrictive than restrictions placed on treatments for other conditions. The bill requires the Department of Regulatory Agencies to determine whether a state defrayal is necessary for the new coverage requirements. The requirements apply to plans issued or renewed after: a determination that a state defrayal is not necessary is confirmed by the federal Department of Health and Human Services or confirmation has been requested and HHS has not responded within 365 days. Likewise, the bill requires Medicaid, operated by Department of Health Care Policy and Financing (HCPF), to cover lifestyle therapy, bariatric surgery, and FDA-approved anti-obesity medication for the treatment of chronic obesity and pre-diabetes no later than January 2025. HCPF must notify members in writing about the availability of treatment and report on the conditions as part of the SMART Act. The requirements apply after federal authorization is granted. The bill requires HCPF to meet these requirements within existing appropriations. 06:55:03 PM The bill sponsors responded to questions from the committee. 06:59:57 PM Mr. Patrick Boyle, representing Pharmacy Care Management Association, testified in opposition to the bill. Ms. Erin Meschke, representing themself, testified in opposition to the bill. Ms. Saskia Young, representing Colorado Association of Health Plans, testified in opposition to the bill. Ms. Christine Fallabel, representing The American Diabetes Association, testified in support of the bill. Dr. Linda Shapiro Manning, representing Obesity Action Coalition, testified in support of the bill. 07:10:55 PM Dr. Jaime Moore, representing Children's Hospital Colorado, testified in support of the bill. Dr. Carolynn Francavilla, representing Obesity Medicine Association, testified in support of the bill. 07:15:40 PM The witness panel responded to questions from the committee. 07:21:03 PM Ms. Bethany Braunstein, representing themself, testified in support of the bill. Dr. Adam Gilden, representing Anschutz Health and Wellness Center - University of Colorado, testified in support of the bill. Dr. Rebecca Andrick, representing themself, testified in support of the bill. Dr. Abby Bleistein, representing Colorado Obesity Society, testified in support of the bill. 07:31:12 PM Michael Conway, representing Division of Insurance, was available to answer committee questions. Bettina Schneider, representing Colorado Health Care Policy and Financing Department, was available to answer committee questions. Additional written testimony was submitted to the committee (Attachment A). 07:31:26 PM The witness panel responded to questions from the committee. 07:36:10 PM The primary bill sponsors, Representative Brown and Mabrey, provided closing comments on Senate Bill 24-054. 07:42:49 PM Motion Refer Senate Bill 24-054 to the Committee on Appropriations. Moved Brown Seconded Young Bradfield No Bradley No Brown Yes English Yes Hamrick Yes Hernandez Yes Lieder Yes McCormick Yes Ortiz Yes Weinberg No Wilson No Young Yes Daugherty Yes Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS SB24-080 - Referred to House Appropriations 07:42:56 PM The primary bill sponsors, Representatives Young and Marvin, introduced Senate Bill 24-080 to the House Health and Human Services Committee. The bill requires health insurance carriers to comply with federal price transparency laws, provide consumer access to accurate health care coverage price information, and report federal pharmacy and drug cost information to the Division of Insurance in the Department of Regulatory Agencies. Beginning in July 2024, carriers must create a digital tool for enrolled people that provides real-time responses to questions related to carrier prices. Beginning in July 2025, carriers must publicly publish and update price transparency information every six months, and submit federal pharmacy benefit and drug cost information to the division on an annual basis. 07:47:43 PM The bill sponsors responded to questions from the committee. 07:48:36 PM Michael Conway, representing Division of Insurance, testified in support of the bill. Ms. Bethany Pray, representing Colorado Center on Law and Policy, testified in support of the bill. 07:52:29 PM The witness panel responded to questions from the committee. 07:58:18 PM The primary bill sponsors, Representatives Young and Marvin, provided closing comments on Senate Bill 24-080. 07:59:41 PM Members of the committee provided closing comments on the bill. 08:02:00 PM Motion Refer Senate Bill 24-080 to the Committee on Appropriations. Moved Young Seconded Lieder Bradfield No Bradley No Brown Yes English Yes Hamrick Yes Hernandez Yes Lieder Yes McCormick Yes Ortiz Excused Weinberg No Wilson No Young Yes Daugherty Yes Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS SB24-116 - Referred to House Appropriations Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/557312E09C43...$File/Attachment B.pdf?OpenElement Attachment B.pdf 08:02:11 PM The primary bill sponsor, Representative Jodeh, introduced Senate Bill 24-116 to the House Health and Human Services Committee. Under current law, people seeking to enroll in Medicaid or Child Health Plan Plus apply through the Department of Health Care Policy and Financing (HCPF). However, certain populations, including persons under 19 or who qualify for the Breast and Cervical Cancer Program, are deemed presumptively eligible while their applications are processed and eligible to receive services immediately. HCPF and Denver Health are currently the only institutions that can make a presumptive eligibility determination. The bill allows hospitals to make these determinations. Additionally, the bill makes changes to the requirements for indigent patients receiving health care discounts on services not reimbursed through the Colorado Indigent Care Program including: requiring a patient to attest to residing in Colorado; placing a price cap on comprehensive bills that aligns with the current caps on individualized bills; authorizing health-care facilities to deny discounted care to a patient if, during the initial screening, the patient is determined to be presumptively eligible for Medicaid; clarifying that the health professional who provides services is responsible for billing the patient for those services, unless the services are billed on a comprehensive bill; excluding primary care provided in clinics in rural or frontier counties that offer a sliding-fee scale from receiving discounted care; and requiring health professionals, in addition to health facilities, to report certain data to the Department of Health Care Policy and Financing. 08:06:12 PM The bill sponsor responded to questions from the committee. 08:06:33 PM Mr. Nikolas Otte, representing themself, testified in support of the bill. Adeline Ewing, representing Colorado Hospital Association, testified in support of the bill. Nancy Dolson, representing Colorado Health Care Policy and Financing Department, testified in support of the bill. A set of printed handouts were provided to members of the committee (Attachment B). 08:13:15 PM The primary bill sponsor, Representative Jodeh, provided closing comments on Senate Bill 24-116. 08:14:51 PM Motion Refer Senate Bill 24-116 to the Committee on Appropriations. Moved Young Seconded Hamrick Bradfield No Bradley No Brown Yes English Yes Hamrick Yes Hernandez Yes Lieder Excused McCormick Yes Ortiz Yes Weinberg No Wilson No Young Yes Daugherty Yes Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS SB24-059 - Postponed Indefinitely Attachment Tag File Name Attachment C http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/63F769C39207...$File/Attachment C.pdf?OpenElement Attachment C.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/6A14D2A7ED93...$File/Attachment D - Combined.pdf?OpenElement Attachment D - Combined.pdf 08:15:02 PM The committee recessed. 08:15:40 PM The committee resumed. 08:15:48 PM The primary bill sponsors, Representatives Pugliese and Duran, introduced Senate Bill 24-059 to the House Health and Human Services Committee. The bill establishes the Office of the Childrenâs Behavioral Health Statewide System of Care in the Behavioral Health Administration to develop and maintain a comprehensive childrenâs behavioral health system of care. The system should allow children and youth up to twenty-one years of age to have a single point of access to behavioral health care. The bill outlines what the system must include at minimum and sets timelines for the office in developing the system of care. The bill specifies that the system of care must initially serve children and youth receiving Medicaid or who are uninsured, but can be expanded to serve additional populations in the future. It also specifies that implementation of the system is subject to available appropriations. 08:22:43 PM The bill sponsors responded to questions from the committee. 08:30:14 PM Ms. Erin Meschke, representing themself, testified in opposition to the bill. Kelly Causey, representing Behavioral Health Adminsitration, testified to amend the bill. Robert Werthwein, representing Colorado Health Care Policy and Financing Department, testified to amend the bill. Dr. Ron-Li Liaw, representing Children's Hospital Colorado, testified in support of the bill. 08:40:50 PM Ellen Stern, representing Children's Hospital Colorado, testified in support of the bill. Heather Durosko, representing Colorado Human Services Directors Association, testified in support of the bill. Scott James, representing Weld County CO & Colorado Counties Inc., testified in support of the bill. Katie First, representing Colorado Counties Inc, testified in support of the bill. A written handout was provided to members of the committee (Attachment C). Additional written testimony was submitted to the committee (Attachment D). 08:49:31 PM The witness panel responded to questions from the committee. 09:00:07 PM The primary bill sponsors, Representatives Pugliese and Duran, provided closing comments on Senate Bill 24-059. 09:03:25 PM Members of the committee provided closing comments on the bill. 09:11:18 PM Motion Refer Senate Bill 24-059 to the Committee on Appropriations. Moved Young Seconded Bradley Bradfield Yes Bradley Yes Brown No English Yes Hamrick Yes Hernandez No Lieder No McCormick No Ortiz No Weinberg No Wilson Yes Young Yes Daugherty No YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL 09:11:41 PM Motion Postpone Senate Bill 24-059 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. Moved Young Seconded Bradley Bradfield No Bradley No Brown Yes English No Hamrick No Hernandez Yes Lieder Yes McCormick Yes Ortiz Yes Weinberg Yes Wilson No Young No Daugherty Yes Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS SB24-124 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment E http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/AB0D3CF0402D...$File/Attachment E - Combined.pdf?OpenElement Attachment E - Combined.pdf Attachment F http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/0A25037E8E8F...$File/Attachment F.pdf?OpenElement Attachment F.pdf 09:11:51 PM The primary bill sponsors, Representatives Hartsook and Duran, introduced Senate Bill 24-124 to the House Health and Human Services Committee. The bill requires state-regulated health insurance plans to cover certain biomarker tests outlined in the bill. Under the bill, all tests supported by medical and scientific evidence must be covered for the purpose of guiding treatment decisions. The coverage applies to large group plans issued or renewed after January 1, 2025 and to individual and small group plans issued or renewed after it is determined that no state defrayal is necessary. Finally, the bill codifies current practice for Medicaid coverage of biomarker tests. 09:19:01 PM Mr. Brandon Arnold, representing Colorado Association of Health Plans, testified in opposition to the bill. Mr. RJ Ours, representing American Cancer Society Cancer Action Network, testified in support of the bill. Sabrina Wright-Hobart, representing themself, testified in support of the bill. Ms. Coral Cosway, representing Alzheimer's Association of Colorado, testified in support of the bill. 09:27:55 PM Dr. Leticia Shea, representing Colorado Pharmacists Society, testified in support of the bill. Mr. Nick Torres, representing American Lung Association, testified in support of the bill. Additional written testimony was submitted to the committee (Attachment E). 09:32:50 PM The bill sponsors introduced amendment L.009 (Attachment F). 09:34:24 PM Motion Adopt amendment L.009 (Attachment F). Moved Young Seconded Wilson Bradfield Bradley Brown English Hamrick Hernandez Lieder McCormick Ortiz Weinberg Wilson Young Daugherty YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 09:34:24 PM The primary bill sponsors, Representatives Hartsook and Duran, provided closing comments on Senate Bill 24-124. 09:35:53 PM Members of the committee provided closing comments on the bill. 09:37:30 PM Motion Refer Senate Bill 24-124, as amended, to the Committee of the Whole. Moved Young Seconded Bradley Bradfield Yes Bradley Yes Brown Yes English Yes Hamrick Yes Hernandez Yes Lieder Yes McCormick Yes Ortiz Yes Weinberg No Wilson Yes Young Yes Daugherty Yes Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS SB24-007 - Referred to House Appropriations Attachment Tag File Name Attachment G http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/BC6293C99DFD...$File/Attachment G.pdf?OpenElement Attachment G.pdf 09:37:40 PM The primary bill sponsors, Representatives Titone and Weinberg, introduced Senate Bill 24-007 to the House Health and Human Services Committee. The bill creates the Behavioral Health First Aid Training Program in the Office of Suicide Prevention in the Colorado Department of Public Health and Environment. The program uses a train-the-trainer model targeted at participants from schools and other organizations. Participants will be prepared under the program to teach certification courses to teens and adults in their organizations and communities. The office must adopt rules for the program, and contract with a third party entity to administer and offer the training program to eligible organizations. The contracted administrator for the program must be a Colorado-based nonprofit with experience implementing evidence-based behavioral health first aid training programs statewide. The administering third-party entity must offer training programs at no cost to selected organizations, which may include public schools, nonprofit organizations, and first responder agencies, among others. The bill sets minimum criteria to use in selecting organizations to receive training. The office must use a pre- and post-program survey administered by the third-party entity to evaluate the training program and report evaluation data and recommendations for improvement. The bill sponsors responded to questions from members of the committee. 09:44:08 PM Ms. Betsy Molgano, representing the Colorado Behavioral Healthcare Council, testified in support of the bill. Additional written testimony was submitted to the committee (Attachment G). 09:44:09 PM The primary bill sponsors, Representatives Titone and Weinberg, provided closing comments on Senate Bill 24-007. 09:49:18 PM Motion Refer Senate Bill 24-007 to the Committee on Appropriations. Moved Weinberg Seconded Young Bradfield Yes Bradley No Brown Yes English Yes Hamrick Yes Hernandez Excused Lieder Yes McCormick Yes Ortiz Yes Weinberg Yes Wilson No Young Yes Daugherty Yes Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS SB24-040 - Referred to the Committee of the Whole 09:49:25 PM The primary bill sponsors, Representatives Willford and Young, introduced Senate Bill 24-040 to the House Health and Human Services Committee. By August 2024, and every three years after, the Department of Human Services, the Office of State Planning and Budgeting, and Area Agencies on Aging must review the adequacy of the appropriation for state funding for senior services and report the findings to the General Assembly by November. 09:55:52 PM Mr. Rich Mauro, representing Denver Regional Council of Governments, testified in support of the bill. 09:58:35 PM The primary bill sponsors, Representatives Willford and Young, provided closing comments on Senate Bill 24-040. 10:00:05 PM Motion Refer Senate Bill 24-040 to the Committee of the Whole. Moved Young Seconded Lieder Bradfield Yes Bradley Yes Brown Yes English Yes Hamrick Yes Hernandez Yes Lieder Yes McCormick Yes Ortiz Yes Weinberg No Wilson Yes Young Yes Daugherty Yes Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS SB24-209 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment H http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/377A71C04FF6...$File/Attachment H.pdf?OpenElement Attachment H.pdf Attachment I http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/281CE4C62ECC...$File/Attachment I.pdf?OpenElement Attachment I.pdf 10:00:10 PM The primary bill sponsors, Representatives Lindsay and Bird, introduced Senate Bill 24-209 to the House Health and Human Services Committee. The bill allows an automated pharmacy dispensing system to redispense drugs under certain conditions. The bill also lifts certain restrictions on pharmacists, including restrictions on who may administer vaccines and restrictions on treating patients under the age of 12. 10:04:12 PM The bill sponsors responded to questions from the committee. 10:08:08 PM Dr. Emily Zadvorny, representing Colorado Pharmacists Society, testified in opposition to the bill. Dr. Ashley Mains Espinosa, representing Colorado Pharmacists Society, testified in opposition to the bill. Dr. Leticia Shea, representing Colorado Pharmacists Society, testified in opposition to the bill. Dr. Tisha Smith, representing themself, testified in opposition to the bill. Ky Davis, representing RxPlus Pharmacies, testified in opposition to the bill. 10:19:03 PM The witness panel responded to questions from the committee. 10:27:39 PM Katie Wolf, representing Colorado Retail Council, testified in support of the bill. Dr. Kim Ward, representing Colorado Retail Council, testified in support of the bill. Jordan Romero, representing Kroger, testified in support of the bill. 10:33:48 PM The witness panel responded to questions from the committee. 10:37:46 PM The bill sponsors introduced amendment L.011 (Attachment H). 10:39:44 PM Motion Adopt amendment L.011 (Attachment H). Moved Young Seconded Bradley Bradfield Bradley Brown English Hamrick Hernandez Lieder McCormick Ortiz Weinberg Wilson Young Daugherty YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 10:39:45 PM Representative Bradfield introduced amendment L.010 (Attachment I). 10:42:59 PM The bill sponsors responded to the amendment. 10:43:16 PM Members of the committee asked questions about the amendment. 10:46:43 PM Motion Adopt amendment L.010 (Attachment I). Moved Bradfield Seconded Hamrick Bradfield Yes Bradley No Brown No English No Hamrick Yes Hernandez Yes Lieder Yes McCormick No Ortiz No Weinberg No Wilson No Young No Daugherty No YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL 10:46:45 PM The primary bill sponsors, Representatives Lindsay and Bird, provided closing comments on Senate Bill 24-209. 10:48:21 PM Members of the committee provided closing comments on the bill. 10:53:00 PM Motion Refer Senate Bill 24-209, as amended, to the Committee of the Whole. Moved Young Seconded Bradley Bradfield Yes Bradley Yes Brown Yes English Yes Hamrick No Hernandez Yes Lieder No McCormick Yes Ortiz Yes Weinberg No Wilson Yes Young Yes Daugherty Yes Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS 10:53:06 PM The committee adjourned.