S_HHS_2018A 02/15/2018 01:34:42 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON HEALTH & HUMAN SERVICES Date 02/15/2018 Attendance Aguilar X Crowder X Kefalas X Martinez Humenik * Smallwood X Time 01:34:42 PM to 05:06:58 PM Place SCR 357 This Meeting was called to order by Smallwood This Report was prepared by Elizabeth Haskell Hearing Items Action Taken hSB18-074 Amended, referred to Senate Appropriations hSB18-084 Amended, referred to Senate Appropriations hSB18-132 Amended, referred to Senate Appropriations hSB18-161 Referred to the Committee of the Whole - Consent Calendar hSB18-023 Postponed Indefinitely SB18-074 - Amended, referred to Senate Appropriations Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/C27A9B2068CC...$File/18SenateHealth0215AttachA.pdf?OpenElement 18SenateHealth0215AttachA.pdf Attachment B http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/E6A5E3B9AC38...$File/18SenateHealth0215AttachB.pdf?OpenElement 18SenateHealth0215AttachB.pdf 01:35:20 PM Senator Todd, bill sponsor, presented Senate Bill 18-074. The bill adds individuals with Prader-Willi syndrome to the list of people who have mandatory eligibility for services and supports under Medicaid. 01:37:03 PM Martha Mason, representing herself, testified in support of the bill via the remote testimony location at Ft. Lewis College in Durango. Ms. Mason responded to questions from the committee 01:44:22 PM Dr. Todd Porter, Children's Hospital Colorado, testified in support of the bill. 01:49:26 PM Martin Zimmerman, Prader-Willi Syndrome Association of Colorado (PWSACO), testified in support of the bill and read a letter supporting the bill written by Crystal Redner, representing herself. Mr. Zimmerman provided a packet of information to the committee (Attachment A). 01:54:21 PM Charlotte Peterson, representing herself, testified in support of the bill. 01:56:11 PM Robin Grey, representing herself, testified in support of the bill. Ms. Grey responded to questions. 02:03:50 PM Stacie Zimmerman, PWSACO, testified in support of the bill. 02:06:53 PM Mark Greenberg, representing himself, testified in support of the bill. 02:10:38 PM Christina Johnson, representing herself, testified in support of the bill. 02:11:19 PM Dr. Laura Harmacek, representing herself, testified in support of the bill. 02:17:48 PM Zach Lynkiewicz, Colorado Department of Health Care Policy and Financing, testified in a neutral position on the bill. Mr. Lynkiewicz responded to questions. 02:25:45 PM Mr. Lynkiewicz responded to questions. 02:30:30 PM Senator Todd made closing comments. Amendment L.001 was distributed to the committee (Attachment B). 02:35:20 PM The committee discussed amendment L.001 (Attachment B). 02:38:53 PM Motion Adopt amendment L.001 (Attachment B) Moved Martinez Humenik Seconded Aguilar Crowder Kefalas Martinez Humenik Smallwood YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:39:36 PM Motion Refer Senate Bill 18-074, as amended, to the Committee on Appropriations. Moved Martinez Humenik Seconded Aguilar Yes Crowder Yes Kefalas Yes Martinez Humenik Yes Smallwood Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-084 - Amended, referred to Senate Appropriations Attachment Tag File Name Attachment E http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/AE20AF6E21AC...$File/18SenateHealth0215AttachE.pdf?OpenElement 18SenateHealth0215AttachE.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/CF9A262512EC...$File/18SenateHealth0215AttachC.pdf?OpenElement 18SenateHealth0215AttachC.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/F39B2B622677...$File/18SenateHealth0215AttachD.pdf?OpenElement 18SenateHealth0215AttachD.pdf 02:39:46 PM Senator Kefalas, bill sponsor, presented Senate Bill 18-084. The bill clarifies that a minor who commits behavior that would be considered prostitution if committed as an adult is a victim of human trafficking and requires that these minors be referred for care and services. Amendments L.002 and L.004 were distributed to the committee (Attachment C and D). 02:45:34 PM Arnold Hanuman, Colorado District Attorneys' Council, Office of the Attorney General, and Colorado Municipal League, testified against the bill. 02:50:18 PM Stephanie Fritts, 17th Judicial District, testified against the bill. 02:52:36 PM Kelley Dziedzic, 18th Judicial District, testified against the bill. 02:56:17 PM Ms. Fritts, Ms. Dziedzic, and Mr. Hanuman responded to questions. 03:01:29 PM The committee dialogued with the witnesses and Senator Kefalas. 03:08:57 PM Jennifer Anderson, Colorado Attorney General's Office, testified against the bill. 03:11:22 PM Mike Valentine, Arapahoe County, testified in a neutral position on the bill. 03:13:52 PM Kelly Dore, National Human Trafficking Survivor Coalition, testified in support of the bill. 03:24:22 PM Billie McIntire, Swan Counseling Services, testified in support of the bill. Committee discussion followed. 03:28:37 PM Cynthia Camble, Loving Our Children, testified in support of the bill. 03:33:42 PM Linda Weinerman, Office of the Child's Representative, testified in support of the bill. 03:38:43 PM Alexandra Erickson, Human Trafficking Center, testified in support of the bill. 03:43:45 PM Maureen Cain, Colorado State Public Defender's Council, testified in support of the bill. Ms. Cain responded to questions. 03:49:34 PM Senator Smallwood recessed the meeting. 03:52:04 PM Senator Smallwood reconvened the meeting. 03:52:19 PM Ms. Cain and Ms. Weinerman responded to questions from the committee. 04:01:32 PM Jeremy Fuerte, representing himself, testified in support of the bill. 04:05:19 PM Sarah Bendtsen, Shared Hope International, testified in support of the bill. Ms. Bendtsen responded to questions. 04:12:45 PM Senator Kefalas made closing comments and discussed amendment L.002 (Attachment C) and L.004 (Attachment D). 04:16:24 PM Senator Martinez Humenik distributed and discussed amendment L.005 (Attachment E). Committee discussion followed regarding the amendments. 04:23:42 PM Motion Adopt amendment L.002 (Attachment C). Moved Kefalas Seconded Aguilar Crowder Kefalas Martinez Humenik Smallwood YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:24:02 PM Motion Adopt amendment L.004 (Attachment D). Moved Kefalas Seconded Aguilar Crowder Kefalas Martinez Humenik Smallwood YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:24:45 PM Motion Adopt amendment L.005 (Attachment E). Moved Martinez Humenik Seconded Aguilar No Crowder Yes Kefalas No Martinez Humenik Yes Smallwood No YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL 04:29:27 PM Motion Refer Senate Bill 18-084, as amended, to the Committee on Appropriations. Moved Kefalas Seconded Aguilar Yes Crowder Yes Kefalas Yes Martinez Humenik Yes Smallwood Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-132 - Amended, referred to Senate Appropriations Attachment Tag File Name Attachment F http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/19C7C84647C1...$File/18SenateHealth0215AttachF.pdf?OpenElement 18SenateHealth0215AttachF.pdf 04:29:41 PM Senator Smallwood, bill sponsor, presented Senate Bill 18-132. The bill requires the Commissioner of Insurance to pursue a federal waiver to allow all Coloradans to purchase catastrophic health plans through the state health insurance exchange. Amendment L.001 was distributed to the committee (Attachement F). 04:36:11 PM R.J. Ours, American Cancer Society, testified against the bill. 04:42:42 PM Peg Brown, Colorado Division of Insurance, responded to questions from the committee. 04:45:49 PM Kate Harris, Connect for Health Colorado, responded to questions from the committee. 04:46:43 PM Senator Smallwood made closing comments and discussed amendment L.001 (Attachment F). 04:48:32 PM Motion Adopt amendment L.001 (Attachment F). Moved Smallwood Seconded Aguilar Crowder Kefalas Martinez Humenik Smallwood YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:48:59 PM Motion Refer Senate Bill 18-132, as amended, to the Committee on Appropriations. Moved Smallwood Seconded Aguilar Yes Crowder Yes Kefalas Yes Martinez Humenik Yes Smallwood Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-161 - Referred to the Committee of the Whole - Consent Calendar 04:49:08 PM Senator Smallwood, bill sponsor, presented Senate Bill 18-161. This bill repeals the Behavioral Health Transformation Council in the Department of Human Services which is set to repeal under current law on July 1, 2020. 04:50:58 PM Committee discussion followed. 04:51:10 PM Camille Harding, Colorado Department of Human Services, testified in support of the bill. 04:52:24 PM Motion Refer Senate Bill 18-161 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Smallwood Seconded Aguilar Yes Crowder Yes Kefalas Yes Martinez Humenik Yes Smallwood Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-023 - Postponed Indefinitely 04:52:59 PM Senator Martinez Humenik, bill sponsor, presented Senate Bill 18-023. Under federal law, the Food and Drug Administration (FDA) is responsible for approving pharmaceutical products that may be sold in the United States, and the FDA approval process focuses on a specific use of the drug in treating a specific condition or conditions. This bill defines "off-label use" as the use of an FDA-approved prescription drug, biological product, or device in a manner other than the use approved by the FDA. Under the bill, pharmaceutical manufacturers and their representatives are allowed to truthfully promote off-label uses of pharmaceutical products. The State Board of Pharmacy is prohibited from taking disciplinary action against a manufacturer for promoting off-label uses, including revoking or failing to renew a manufacturer's license. The bill specifies that health insurance carriers and other third-party payers are not required to provide coverage for the cost of off-label uses of a prescription drug, biological product, or device. 04:58:30 PM Diane Robinson, representing herself, testified in support of the bill. 05:01:22 PM Senator Martinez Humenik made closing comments. She requested that the bill be postponed indefinitely. 05:02:37 PM Motion Postpone Senate Bill 18-023 indefinitely. Moved Crowder Seconded Aguilar Yes Crowder Yes Kefalas Yes Martinez Humenik Yes Smallwood No Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS 05:06:58 PM Committee Adjourned