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H_PHC_2016A 04/05/2016 01:38:43 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Date: 04/05/2016
ATTENDANCE
Time: 01:38 PM to 07:51 PM
Conti
X
Danielson
X
Place: HCR 0107
Everett
X
Ginal
X
This Meeting was called to order by
Joshi
X
Representative Primavera
Landgraf
X
Leonard
X
This Report was prepared by
Moreno
X
Anne Wallace
Pettersen
X
Tyler
X
Windholz
X
Singer
X
Primavera
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1357

HB16-1372

HB16-1058

HB16-1358

HB16-1361
Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Committee Vote - Final Action Failed

Witness Testimony and/or Committee Discussion Only

Amended, Referred to the Committee of the Whole



01:40 PM -- HB 16-1357



Representative Primavera, prime sponsor, presented House Bill 16-1357 to the committee. A handout was distributed to the committee (Attachment A). The bill implements several recommendations of the ST-elevation Myocardial Infraction (STEMI) Task Force, including the following:



160405 AttachA.pdf160405 AttachA.pdf

      • requires hospitals recognized as heart attack receiving centers to report certain information to the National Cardiovascular Data Registry (NCDR) ACTION Registry (heart attack database); and
      • requires hospitals that receive quarterly data reports from the heart attack database to submit the data to the Colorado Department of Public Health and Environment (CDPHE) for state-level analysis; and
      • creates the Heart Attack Advisory Committee in the CDPHE and specifies the membership criteria, terms of service, and mission of the Advisory Committee.



01:43 PM



Representative Primavera responded to questions from the committee.











01:45 PM --
Janet Stephens, Colorado Hospital Association, testified in support of the bill.



01:49 PM --
Dr. Jeb Burchenal, American Heart Association, testified in support of the bill.



01:52 PM



Ms. Stephens and Dr. Burchenal responded to questions from the committee.




01:55 PM



Representative Primavera distributed amendment L.001 (Attachment B) and explained it to the committee.



160405 AttachB.pdf160405 AttachB.pdf

BILL: HB16-1357
TIME: 01:55:41 PM
MOVED: Primavera
MOTION: Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED: Pettersen
VOTE
Conti
Danielson
Everett
Ginal
Joshi
Landgraf
Leonard
Moreno
Pettersen
Tyler
Windholz
Singer
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





01:57 PM



Representative Primavera distributed amendment L.002 (Attachment C) and explained it to the committee.



160405 AttachC.pdf160405 AttachC.pdf

BILL: HB16-1357
TIME: 01:56:11 PM
MOVED: Primavera
MOTION: Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED: Pettersen
VOTE
Conti
Danielson
Everett
Ginal
Joshi
Landgraf
Leonard
Moreno
Pettersen
Tyler
Windholz
Singer
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





01:57 PM



Representative Primavera gave concluding remarks on the bill.

BILL: HB16-1357
TIME: 01:58:44 PM
MOVED: Primavera
MOTION: Refer House Bill 16-1357, as amended, to the Committee of the Whole. The motion passed on a vote of 10-3.
SECONDED: Danielson
VOTE
Conti
Yes
Danielson
Yes
Everett
No
Ginal
Yes
Joshi
No
Landgraf
Yes
Leonard
No
Moreno
Yes
Pettersen
Yes
Tyler
Yes
Windholz
Yes
Singer
Yes
Primavera
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:01 PM -- HB 16-1372



Representative Primavera, prime sponsor, presented House Bill 16-1372 to the committee. A handout was distributed to the committee (Attachment D). The bill creates the Colorado Work Opportunity Tax Credit (WOTC). The tax credit will be available for tax years 2017, 2018, and 2019 to businesses who hire certain targeted employees who often encounter obstacles in obtaining employment and who typically claim one or more forms of government support. Employers receive a tax credit per employee hired, based on the employees' first-year wages up to certain amounts. The tax credit is nonrefundable and may be claimed up to five years.



160405 AttachD.pdf160405 AttachD.pdf



02:04 PM



Representative Primavera responded to questions from the committee regarding the bill.



















02:10 PM --
Shirley Dixon, Colorado Department of Labor and Employment, responded to questions from the committee and distributed a handout (Attachment E).



160405 AttachE.pdf160405 AttachE.pdf



02:18 PM --
Chaer Robert, Colorado Center on Law and Policy, testified in opposition to the bill and distributed a handout (Attachment F). Ms. Robert responded to questions from the committee.



160405 AttachF.pdf160405 AttachF.pdf



02:28 PM --
Evan Migdail, representing himself, testified in support of the bill. Mr. Migdail responded to questions from the committee.



02:43 PM --
Patrick Boyle, Colorado Competitive Council, testified in support of the bill. Mr. Boyle responded to questions from the committee.



02:47 PM --
Devin Bazata, representing himself, testified in support of the bill. Mr. Bazata responded to questions from the committee.



02:51 PM --
Richard Young, Employer Support of the Guard and Reserve, testified in support of the bill.



02:54 PM --
Josh Winkler, Colorado Cross-Disability Coalition, testified in support of the bill.





02:59 PM



Representative Primavera explained amendment L.001 (Attachment G) and distributed it to the committee.



160405 AttachG.pdf160405 AttachG.pdf

BILL: HB16-1372
TIME: 03:00:51 PM
MOVED: Primavera
MOTION: Adopt amendment L.001 (Attachment G). The motion passed without objection.
SECONDED: Pettersen
VOTE
Conti
Danielson
Everett
Ginal
Joshi
Landgraf
Leonard
Moreno
Pettersen
Tyler
Windholz
Singer
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:01 PM



Representative Primavera gave concluding remarks on the bill. Committee members commented on the bill.

BILL: HB16-1372
TIME: 03:10:21 PM
MOVED: Primavera
MOTION: Refer House Bill 16-1372, as amended, to the Committee on Finance. The motion passed on a vote of 7-6.
SECONDED: Moreno
VOTE
Conti
No
Danielson
Yes
Everett
No
Ginal
No
Joshi
No
Landgraf
No
Leonard
No
Moreno
Yes
Pettersen
Yes
Tyler
Yes
Windholz
Yes
Singer
Yes
Primavera
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:29 PM -- HB 16-1058



Representative Fields and Representative Willet, co-prime sponsors, presented House Bill 16-1058. The bill creates a crime of misuse of electronic images by a juvenile, a class 2 misdemeanor. The offense occurs when a juvenile knowingly distributes, displays, publishes, or possesses a sexually explicit image of himself of herself, or of another juvenile who is within four years of age of the offender. It is an affirmative defense to the crime if the juvenile did not solicit, request, make, transmit, or distribute the image. Witness testimony was heard on this bill during the March 15, 2016, House Public Health Care and Human Services Committee meeting. A handout was distributed to the committee (Attachment H).



160405 AttachH.pdf160405 AttachH.pdf





03:31 PM



Representative Willet distributed amendment L.004 (Attachment I) and explained it to the committee.



160405 AttachI.pdf160405 AttachI.pdf



03:34 PM



Representative Fields commented on the bill.



03:41 PM



Representative Willet responded to questions from the committee.

BILL: HB16-1058
TIME: 03:47:48 PM
MOVED: Landgraf
MOTION: Adopt amendment L.004 (Attachment I). The motion passed without objection.
SECONDED: Conti
VOTE
Conti
Danielson
Everett
Ginal
Joshi
Landgraf
Leonard
Moreno
Pettersen
Tyler
Windholz
Singer
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:48 PM



Representative Willet gave concluding remarks on the bill. Committee members commented on the bill.

BILL: HB16-1058
TIME: 04:07:44 PM
MOVED: Landgraf
MOTION: Refer House Bill 16-1058, as amended, to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED: Conti
VOTE
Conti
Yes
Danielson
No
Everett
Yes
Ginal
No
Joshi
Yes
Landgraf
Yes
Leonard
Yes
Moreno
No
Pettersen
No
Tyler
No
Windholz
Yes
Singer
No
Primavera
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB16-1058
TIME: 04:09:09 PM
MOVED: Singer
MOTION: Postpone House Bill 16-1058 indefinitely. The motion failed on a vote of 6-7.
SECONDED: Moreno
VOTE
Conti
No
Danielson
Yes
Everett
No
Ginal
Yes
Joshi
No
Landgraf
No
Leonard
No
Moreno
Yes
Pettersen
Yes
Tyler
No
Windholz
No
Singer
Yes
Primavera
Yes
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



04:11 PM -- HB 16-1358



Representative Conti and Representative Singer, co-prime sponsors, presented House Bill 16-1358 to the committee. The bill prohibits the Colorado Department of Human Services (DHS) from collecting patient information including name, social security number, or other personal identifying information, at the public and private treatment facilities for alcohol or drug abuse that it oversees.



04:16 PM



Representative Singer responded to questions from the committee.



04:17 PM --
Dr. Nancy VanDemark, DHS, testified in opposition to the bill.



04:23 PM -- Matt Sundeen, Colorado Providers Association, testified in support of the bill.



04:30 PM --
Dr. Aleah Horstman, Arapahoe House, testified in support of the bill.



04:32 PM --
Stacey Delbaugh, Valley Hope Association, testified in support of the bill.



04:35 PM



Dr. Horstman and Mr. Sundeen answered questions from the committee.





04:38 PM



Representative Primavera laid over House Bill 16-1358 until a future date.



04:39 PM -- HB 16-1361



Representative Primavera and Representative J. Becker, co-prime bill sponsors, presented House Bill 16-1361. The bill prohibits a health benefit plan or pharmacy benefit management firm that covers pharmaceutical services from:

      • limiting or restricting a covered person's ability to select a pharmacy or pharmacist of his or her choice if the pharmacy or pharmacist is licensed and has agreed to the terms of the contract with the health plan or pharmacy benefit provider;
      • imposing cost-sharing requirements on a covered person, a pharmacy, or a pharmacist as a result of a covered person's selection of a pharmacy, unless that provider network contract imposes those same cost-sharing requirements on all persons or pharmacies in the state;
      • imposing other conditions on a covered person, pharmacist, or pharmacy that limit a covered person's ability to select a pharmacy of his or her choosing; and
      • denying a pharmacy or pharmacist the right to participate in a pharmacy network contract in the state if the pharmacy or pharmacist holds a valid license and agrees to specified conditions.



The restrictions in the bill do not apply to:

      • carriers that offer managed care plans and provide a majority of covered services using physicians employed by the carrier or through a single contracted medical group;
      • self-funded plans that are exempt from state regulation under the federal Employee Retirement Income Security Act (ERISA); or
      • plans issued for coverage of state or federal employees.



04:45 PM



Representative Primavera and Representative Becker answered questions from the committee. Amendment L.001 (Attachment J) was distributed to the committee.



160405 AttachJ.pdf160405 AttachJ.pdf



04:49 PM --
Patrick Boyle, Express Scripts, testified in opposition to the bill. Mr. Boyle responded to questions from the committee.



05:10 PM --
Dan O'Connell, Colorado Association of Commerce and Industry, testified in opposition to the bill. Mr. O'Connell responded to questions from the committee. Representative Primavera commented.



05:16 PM --
Nick Colglazier, Colorado Competitive Council, testified in opposition to the bill. Mr. Colglazier responded to questions from the committee.



05:20 PM --
Charlie Sheffield, Colorado Association of Health Plans, testified in opposition to the bill. Mr. Sheffield responded to questions from the committee. Representative Becker commented.













05:28 PM



Committee discussion with Mr. Sheffield ensued.



05:51 PM --
Miciah Davis, Harris Pharmacy, testified in favor of the bill. Mr. Davis responded to questions from the committee.



06:09 PM



Committee discussion with Mr. Davis continued.



06:13 PM



Representative Primavera commented. Mr. Davis continued to respond to questions.



06:19 PM --
Tom Davis, Kiowa Health Mart, testified in support of the bill. Mr. Davis responded to questions from the committee.



06:32 PM --
Kay Markus, representing herself, testified in support of the bill.



06:36 PM -- Tom Bratz, Star Drug, testified in support of the bill.



06:40 PM -- Terri Newland, representing herself, testified in support of the bill. Ms. Newland responded to questions from the committee.



06:47 PM -- Laura Negley, representing herself, testified in support of the bill.



06:52 PM -- Marijo Rymer, The Arc of Colorado, testified in support of the bill.



06:55 PM -- Shannon Southall, representing herself, testified in support of the bill. Ms. Southall responded to questions from the committee.



07:10 PM -- Tony Gagliardi, National Federation of Independent Businesses, testified in support of the bill. Mr. Gagliardi responded to questions from the committee.



07:20 PM -- Jacque Bratz, representing herself, testified in support of the bill.





07:24 PM



Representative Primavera explained amendment L.001.

BILL: HB16-1361
TIME: 07:25:01 PM
MOVED: Primavera
MOTION: Adopt amendment L.001 (Attachment J). The motion passed without objection.
SECONDED: Danielson
VOTE
Conti
Danielson
Everett
Ginal
Joshi
Landgraf
Leonard
Moreno
Pettersen
Tyler
Windholz
Singer
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



07:27 PM



Representative Moreno explained amendment L.003 (Attachment K) and distributed it to the committee.



160405 AttachK.pdf160405 AttachK.pdf



07:31 PM



Committee members discussed amendment L.003.





07:37 PM



Representative Primavera commented on amendment L.003.

BILL: HB16-1361
TIME: 07:37:43 PM
MOVED: Moreno
MOTION: Adopt amendment L.003 (Attachment K). The motion passed on a vote of 9-4.
SECONDED: Primavera
VOTE
Conti
No
Danielson
Yes
Everett
No
Ginal
No
Joshi
Yes
Landgraf
No
Leonard
Yes
Moreno
Yes
Pettersen
Yes
Tyler
Yes
Windholz
Yes
Singer
Yes
Primavera
Yes
YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



07:36 PM



Representatives J. Becker and Primavera gave concluding remarks on the bill.





07:41 PM



Committee members commented on the bill.

BILL: HB16-1361
TIME: 07:50:34 PM
MOVED: Primavera
MOTION: Refer House Bill 16-1361, as amended, to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Danielson
VOTE
Conti
No
Danielson
Yes
Everett
No
Ginal
No
Joshi
Yes
Landgraf
No
Leonard
No
Moreno
Yes
Pettersen
No
Tyler
Yes
Windholz
Yes
Singer
Yes
Primavera
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



07:51 PM



The committee adjourned.




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