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H_HIE_2017A 03/02/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date: 03/02/2017
ATTENDANCE
Time: 01:36 PM to 06:21 PM
Beckman
X
Buck
X
Place: RM 271
Buckner
X
Humphrey
X
This Meeting was called to order by
Jackson
X
Representative Ginal
Kennedy
X
Lawrence
X
This Report was prepared by
Lontine
X
Vanessa Conway
Ransom
X
Esgar
X
Ginal
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1115

HB17-1121
Amended, Referred to the Committee of the Whole

Amended, Referred to House Finance





01:36 PM -- HB 17-1115



Representatives Buck and Ginal presented House Bill 17-1115 to the committee and presented two handouts (Attachments A and B). The bill establishes definitions and legal parameters for direct primary health care agreements. In addition, it specifies that direct primary health agreements are not an insurance product and are not regulated by the Division of Insurance in the Department of Regulatory Agencies. The bill prohibits a health care provider from refusing to enter into an agreement or from discontinuing an agreement because of the health status of a patient. However, providers are allowed to refuse patients if they have reached a practice's capacity or if a practice is unable to meet the health care needs of the patient. An agreement may be discontinued if the patient fails to pay the required periodic fee, commits fraud or misrepresentation in connection with the agreement, or fails to adhere to the recommended treatment plan, or if the provider discontinues operation as a direct primary health care provider.



170302 AttachA.pdf170302 AttachA.pdf170302 AttachB.pdf170302 AttachB.pdf



Representative Ginal distributed L.001, a strike-below amendment, (Attachment C) and explained the amendment.



170302 AttachC.pdf170302 AttachC.pdf





02:00 PM --
Dr. Mark Tomasulo, representing Peak Medicine, Dr. Clint Flanagan, representing Nextera Health, and Dr. Brieanna Seefeldt, representing herself, testified in support of the bill and presented a handout (Attachment D).



02:24 PM --
Julie DeSaire, representing Miramont Family Medicine, testified in support of the bill.



02:32 PM --
Eugene Aydelott, representing himself, and Diana Protopapa, representing herself, testified in support of the bill.



02:38 PM --
Lindsey Cushman, representing Digital Globe, and Kelly Erb, representing Colorado Rural Health Center, testified in support of the bill.



02:46 PM --
Caitlin Westerson, representing Colorado Consumer Health Initiative, testified in a neutral capacity.



02:49 PM -- Dr. Robin Dickinson, representing herself, testified in support of the bill.





02:55 PM



Representative Ginal distributed and explained amendments L.002 and L.003 (Attachments E and F).

BILL: HB17-1115
TIME: 02:56:22 PM
MOVED: Ginal
MOTION: Adopt amendment L.002 (Amendment E) to amendment L.001. The motion passed without objection.
SECONDED: Buck
VOTE
Beckman
Buck
Buckner
Humphrey
Jackson
Kennedy
Lawrence
Lontine
Ransom
Esgar
Ginal
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1115
TIME: 02:57:22 PM
MOVED: Ginal
MOTION: Adopt amendment L.003 (Attachment F) to amendment L.001. The motion passed without objection.
SECONDED: Buck
VOTE
Beckman
Buck
Buckner
Humphrey
Jackson
Kennedy
Lawrence
Lontine
Ransom
Esgar
Ginal
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB17-1115
TIME: 02:58:49 PM
MOVED: Buck
MOTION: Adopt amendment L.001 (Attachment C) to House Bill 17-1115. The motion passed without objection.
SECONDED: Kennedy
VOTE
Beckman
Buck
Buckner
Humphrey
Jackson
Kennedy
Lawrence
Lontine
Ransom
Esgar
Ginal
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1115
TIME: 02:59:36 PM
MOVED: Ginal
MOTION: Refer House Bill 17-1115, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Buck
VOTE
Beckman
Yes
Buck
Yes
Buckner
Yes
Humphrey
Yes
Jackson
Yes
Kennedy
Yes
Lawrence
Yes
Lontine
Yes
Ransom
Yes
Esgar
Yes
Ginal
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:19 PM -- HB 17-1121



Representative Buckner presented House Bill 17-1121 to the committee and distributed three handouts (Attachments G, H, and I). This bill requires current licensees and certificate holders and future applicants for initial licensure or certification to submit to a criminal history record check in the following professions:



170302 AttachG.pdf170302 AttachG.pdf170302 AttachH.pdf170302 AttachH.pdf170302 AttachI.pdf170302 AttachI.pdf



• podiatrists;

• dentists and dental hygienists;

• medical doctors, physician assistants, and anesthesiologists;

• nurses;

• certified nurse aides;

• optometrists; and

• veterinarians.



After receiving the findings of the criminal history record check, a regulatory board in the Department of Regulatory Agencies (DORA) may deny licensure or certification if an applicant was convicted of, pled guilty or nolo contendere to, or received a deferred sentence, in any state, to any of the following charges:



• unlawful sexual behavior;

• the transfer of any controlled substance from a permissible to an illicit channel of distribution or use; or

• the transfer of a substance with effects similar to the effects of a controlled substance from a permissible to an illicit channel or distribution or use.











The bill repeals the current "Nurse Licensure Compact" and adopts the "Enhanced Nurse Licensure Compact". Applicants under the Enhanced Nurse Licensure Compact must comply with disclosure requirements under the "Medical Transparency Act of 2010". The new compact requires background checks and allows nurses under the compact to provide telehealth nursing services.



The bill eliminates the nurse alternative to discipline program. The bill also requires an employer to report any action that results in the termination of a certified nurse aide (CNA), including resignation in lieu of termination, to the Nursing Board within 30 days. An employer that fails to report such termination may be fined $500 to $5,000 per violation.



Representative Buckner distributed amendments L.006 and L.008. (Attachments J and K).



170302 AttachJ.pdf170302 AttachJ.pdf170302 AttachK.pdf170302 AttachK.pdf



03:23 PM --
Director Joe Neguse, representing DORA, testified in support of the bill.



03:28 PM --
Patricia Skolnik, representing Citizens for Patient Safety, testified in support of the bill.



03:31 PM --
Michelle Shelley, representing herself, testified in support of the bill.



03:38 PM --
Nicole Campuzano, representing herself, testified in support of the bill.



03:41 PM --
Ronne Hines, representing DORA, testified in support of the bill.



04:16 PM --
Dr. Aubrey Lavizzo, representing himself, testified in support of the bill and presented a handout (Attachment L).



170302 AttachL.pdf170302 AttachL.pdf



04:25 PM --
Barbara Williams, representing Fresenius Kidney Care, testified in support of the bill and presented a handout (Attachment M).



170302 AttachM.pdf170302 AttachM.pdf



04:29 PM -- Leo Boyle, representing the Colorado Veterinary Medical Association and Colorado Society of Oral Surgeons, testified in support of the bill.



04:33 PM --
Kris Geraths, representing Background Information Services, testified against the bill and presented a handout (Attachment N).



170302 AttachN.pdf170302 AttachN.pdf









04:43 PM --
Deborah Lively, representing Leading Age Colorado, testified against the bill.



04:50 PM



Mr. Neguse returned to answer committee questions.



05:00 PM



Clare Pramuk, representing Legislative Council Staff, answered questions regarding the fiscal note.



05:02 PM --
David Bolin, representing AOI Homecare, testified against the bill.



05:10 PM




Chris Andrst and Teresa Mucha, representing Colorado Bureau of Investigation, answered committee questions.



05:18 PM



Ms. Pramuk returned to answer committee questions.



05:21 PM



Mr. Neguse returned to answer committee questions.



05:26 PM --
Doug Farmer, representing Colorado Health Care Association, testified against the bill.



05:30 PM --
Amber Burkhart, representing Colorado Hospital Association, testified against the bill.



05:33 PM



Yelana Love, representing the Office of Legislative Legal Services, answered questions regarding the bill amendments.



05:34 PM --
Ryan Zeiger, representing Colorado Long-Term Assistance Service Providers, testified against the bill.



05:42 PM --
Dr. Theresa Buxton, representing the Colorado Nurses Association, testified in a neutral capacity.



05:47 PM



Ms. Hines returned to answer committee questions.



05:50 PM



Mr. Neguse returned to answer committee questions.







05:54 PM



Representative Buckner explained the amendments. Representative Ransom distributed and explained amendment L.010 (Attachment O).





170302 AttachO.pdf170302 AttachO.pdf

BILL: HB17-1121
TIME: 05:59:33 PM
MOVED: Ransom
MOTION: Adopt amendment L.010 (Attachment O) to amendment L.006. The motion failed on a vote of 4-6.
SECONDED: Beckman
VOTE
Beckman
Yes
Buck
Yes
Buckner
No
Humphrey
Yes
Jackson
No
Kennedy
No
Lawrence
Excused
Lontine
No
Ransom
Yes
Esgar
No
Ginal
No
YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL: HB17-1121
TIME: 06:04:43 PM
MOVED: Buckner
MOTION: Adopt amendment L.006 (Attachment J) to House Bill 17-1121. The motion passed without objection.
SECONDED: Esgar
VOTE
Beckman
Buck
Buckner
Humphrey
Jackson
Kennedy
Lawrence
Lontine
Ransom
Esgar
Ginal
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB17-1121
TIME: 06:05:14 PM
MOVED: Buckner
MOTION: Adopt amendment L.008 (Attachment K) to House Bill 17-1121. The motion passed without objection.
SECONDED: Esgar
VOTE
Beckman
Buck
Buckner
Humphrey
Jackson
Kennedy
Lawrence
Lontine
Ransom
Esgar
Ginal
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







06:05 PM



Ms. Love returned to answer committee questions.

BILL: HB17-1121
TIME: 06:07:58 PM
MOVED: Buckner
MOTION: Adopt amendment L.002 (Attachment P) to House Bill 17-1121. The motion passed without objection.
SECONDED: Kennedy
VOTE
Beckman
Buck
Buckner
Humphrey
Jackson
Kennedy
Lawrence
Lontine
Ransom
Esgar
Ginal
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



170302 AttachP.pdf170302 AttachP.pdf







06:09 PM



Representative Buckner wrapped up her presentation to the committee.

BILL: HB17-1121
TIME: 06:10:50 PM
MOVED: Buckner
MOTION: Refer House Bill 17-1121, as amended, to the Committee on Finance. The motion passed on a vote of 6-4, with one excused.
SECONDED: Esgar
VOTE
Beckman
No
Buck
No
Buckner
Yes
Humphrey
No
Jackson
Yes
Kennedy
Yes
Lawrence
Excused
Lontine
Yes
Ransom
No
Esgar
Yes
Ginal
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS






The House and Senate are temporarily adjourned.  The building is closed to the public.

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