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S_HHS_2018A 03/29/2018 01:33:28 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Date 03/29/2018
Attendance
Aguilar X
Crowder X
Kefalas X
Martinez Humenik X
Smallwood X
Time 01:33:28 PM to 08:19:32 PM
Place SCR 357
This Meeting was called to order by Smallwood
This Report was prepared by Elizabeth Haskell
Hearing Items Action Taken
Conf 18-Traumatic Brain Injury Trust Fund Board — Colorado Favorably Refer to Full Senate - Consent Calendar
Conf 18-Aging — Colorado Commission On The Favorably Refer to Full Senate - Consent Calendar
HB18-1104 Referred to the Committee of the Whole
HB18-1211 Referred to the Committee of the Whole - Consent Calendar
SB18-214 Postponed Indefinitely
HB18-1282 Amended, referred to the Committee of the Whole - Consent Calendar
HB18-1155 Committee Discussion Only

Conf 18-Aging — Colorado Commission On The - Favorably Refer to Full Senate - Consent Calendar

01:38:51 PM  

Sean Wood, appointee, told the committee about his background and why he wants to be appointed to the Colorado Commission on Aging.  Mr. Wood responded to questions from the committee.  Mr. Wood's appointment letter is attached  [Attachment B].  His resume and application may be found at State Archives.



01:48:50 PM
Motion Conf 18- Refer the appointment of Sean Wood to the Colorado Commission On Aging to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
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



Conf 18-Traumatic Brain Injury Trust Fund Board — Colorado - Favorably Refer to Full Senate - Consent Calendar


01:33:51 PM  

Dr. Danny Mistry, appointee, told the committee about his background and why he wants to be reappointed to the Traumatic Brain Injury Trust Fund Board.  Dr. Mistry's appointment letter is attached  [Attachment A].  His resume and application may be found at State Archives.

01:33:52 PM  

Dr. Rae Comstock, appointee, told the committee about her background and why she wants to be appointed to the Traumatic Brain Injury Trust Fund Board.  Dr. Comstock's appointment letter is attached  [Attachment A].  Her resume and application may be found at State Archives



01:37:40 PM
Motion Conf 18 - Refer the appointment of Dilaawar "Danny" Mistry and Rae Dawn Comstock to the Colorado Traumatic Brain Injury Trust Fund Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
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



HB18-1104 - Referred to the Committee of the Whole


01:49:13 PM  

Senators Moreno and Lambert, co-prime sponsors, presented House Bill 18-1104.  The bill establishes procedural safeguards for parents with disabilities in the context of child welfare, foster care, family law, guardianship, and adoption.  Under the bill, a parent's disability cannot be a basis for denying or restricting temporary custody, foster care, guardianship, participation in adoption, or to restrict a parent's responsibility in domestic relations or dependency or neglect proceedings, unless a detrimental impact on the child can be shown.  The bill shifts the burden of proof to the party that alleges that a parent's disability will have a detrimental effect on a child.  If the burden of proof standard is met, the parent must be given the chance to alleviate concerns through the implementation of supportive parenting services.  Any treatment plan must provide reasonable accommodations, as defined by the Americans with Disability Act of 1990, for the disability to allow for the greatest opportunity for successful completion.  If a court determines that the right of a parent with disabilities to parenting time, parental responsibilities, foster care, guardianship, or adoption should be denied or limited, it must make specific written findings of fact that reasonable accommodations will not reduce the negative impacts on the child.

01:59:56 PM  
Senator Moreno responded to questions.
02:04:19 PM  

Carrie Ann Lucas, representing herself, testified in support of the bill and provided a handout to the committee [Attachment C].

02:06:49 PM  

Linda Skaflen, The Arc of Adams County, testified in support of the bill and provided a handout to the committee [Attachement D].

02:08:32 PM  

Ashley Chase, Office of the Child's Representative, testified in support of the bill.

02:10:22 PM  

Chris Parsons, National Federation of the Blind of Colorado (NFB), testified in support of the bill.

02:12:41 PM  

Ms. Chase and Ms. Lucas responded to questions from the committee.

02:16:53 PM  

Scott LaBarre, NFB, testified in support of the bill and provided a handout to the committee [Attachment E].

02:21:55 PM  

Jeffrey Black, representing himself, testified in support of the bill.

02:25:31 PM  

Ruchi Kapoor, Office of Respondent Parents' Counsel, testified in support of the bill.

02:29:41 PM  

Senator Lambert made closing comments.

02:30:49 PM  
Senator Moreno made closing comments.
02:31:07 PM  
Senators Lambert and Moreno responded to questions.
02:33:22 PM  

Ms. Lucas returned to the table to respond to questions about the bill.  Committee discussion followed.



02:40:06 PM
Motion Refer House Bill 18-1104 to the Committee of the Whole.
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



HB18-1211 - Referred to the Committee of the Whole - Consent Calendar


02:41:43 PM  

Senators Aguilar and Smallwood, co-prime sponsors, presented House Bill 18-1211.  The bill establishes the Medicaid Fraud Control Unit (MFCU) in the Department of Law (DOL) in statute, and defines Medicaid fraud as a crime.  It requires the Department of Health Care Policy and Financing (HCPF), the Department of Public Health and Environment, and managed care organizations and their contractors to report cases of suspected Medicaid fraud to the MFCU.  The bill gives HCPF the authority to add the contact information and detail on the MFCU process to the explanation of benefits provided to clients.

 

Under this bill, the MFCU has the authority to investigate and pursue civil and criminal actions and proceedings.  The bill lists the activities that constitute Medicaid fraud and waste, and outlines the penalties associated with each activity.  Additionally, the bill clarifies that it is unlawful to knowingly offer, pay, solicit, or receive any remuneration in return for referrals or the purchasing, leasing, ordering or arranging of any good, facility, service, or item for which payment can be made pursuant to the Colorado Medical Assistance Act.

 

Senator Aguilar provided a handout to the committee [Attachement F].

 

02:43:31 PM  

Anne Meier, State Long-Term Care Ombudsman, testified in support of the bill.

02:45:25 PM  

Bob Booth, Office of the Attorney General, testified in support of the bill.  Mr. Booth responded to questions.

02:49:53 PM  

Senator Aguilar responded to questions.  Committee questions and comments followed.

02:57:28 PM  

Jeanette Hensley, Colorado Senior Lobby, testified in support of the bill.

02:59:26 PM  

Josh Block, HCPF, responded to questions.



03:01:54 PM
Motion Refer House Bill 18-1211 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Aguilar
Seconded
Aguilar Yes
Crowder Yes
Kefalas Yes
Martinez Humenik Yes
Smallwood Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-214 - Postponed Indefinitely

03:02:57 PM  

Senator Crowder, bill sponsor, presented Senate Bill 18-214.  The bill requires the Department of Health Care Policy and Financing (HCPF) to prepare and submit a waiver to allow the state to institute a work requirement for able-bodied adults receiving Medicaid services, and upon receipt of the waiver, to institute the requirement.  Senator Crowder distributed two handouts to the committee [Attachments G and H].  Senator Crowder responded to questions.

03:11:53 PM  

Committee discussion followed.  Senator Aguilar distributed amendment L.001 [Attachment I].

03:21:49 PM  

A.W. Schnellbacher, AARP Colorado, testified in opposition to the bill.

03:25:17 PM  

Allison Neswood, Colorado Center on Law and Policy, testified in opposition to the bill and provided four handouts to the committee [Attachments J, K, L, and M].

03:30:17 PM  

Tom Massey, HCPF, testified in opposition to the bill.

03:33:19 PM  

Zachary Watson, representing herself, testified in opposition to the bill.

03:36:54 PM  
Ms. Neswood responded to questions from the committee.
03:40:30 PM  

Mr. Massey responded to questions.  Committee discussion followed.

03:54:41 PM  
Ms. Watson responded to questions.
03:56:33 PM  

Committee questions and comments continued.

04:03:06 PM  
Senator Smallwood recessed the meeting.
04:12:24 PM  
Senator Smallwood reconvened the meeting.
04:12:50 PM  

Alyson Williams, Health District of Northern Larimer County, testified in opposition to the bill.

04:20:02 PM  

Janeen McGee, Lake County Department of Human Services, testified in opposition to the bill.

04:22:12 PM  

Dr. Kenyon Weidle, representing himself, testified in opposition to the bill.

04:25:49 PM  

Dr. Kaitlin Whelan, American Academy of Pediatrics - Colorado, testified in opposition to the bill.

04:30:58 PM  

Bob Bongiovanni, representing himself, testified in opposition to the bill.

04:33:52 PM  

Theresa Schiavone, National Alliance on Mental Illness - Denver, testified in opposition to the bill.

04:33:53 PM  

Antonella Lyles, representing herself, testified in opposition to the bill.

04:36:51 PM  
Peter Severson, Lutheran Advocacy Ministry of Colorado, testified in opposition to the bill.
04:39:06 PM  
Ms. Lyles answered questions from the committee.
04:40:08 PM  
Erin Miller, Colorado Children's Campaign, testified in opposition to the bill.
04:42:51 PM  
Shelby Scott, representing herself, testified in opposition to the bill.
04:46:28 PM  
Aubrey Hasvold, Colorado Coalition for the Homeless, testified in opposition to the bill.
04:49:32 PM  
Larry Krause, National Alliance on Mental Illness, testified in opposition to the bill.
04:53:16 PM  

Senator Crowder commented on the bill.

04:57:57 PM  

Jeanette Hensley, Colorado Senior Lobby, testified in opposition to the bill.  She provided a handout to the committee [Attachment N].

05:00:16 PM  
Kathy White, Colorado Fiscal Institute, testified in opposition to the bill.
05:02:40 PM  

Adela Flores Brennan, Colorado Consumer Health Initiative, testified in opposition to the bill.

05:08:34 PM  

John Armstrong, Komen Colorado, testified in opposition to the bill.

05:13:53 PM  

Lydia Waligorski, Colorado Coalition Against Domestic Violence, testified in opposition to the bill.

05:16:17 PM  

Jeri Shepard, representing herself, testified in opposition to the bill.

05:21:40 PM  

Kristopher Grant, Colorado Center on Law and Policy, testified in opposition to the bill.

05:24:24 PM  

Dana Bacon, Leukemia & Lymphoma Society, testified in opposition to the bill.

05:28:49 PM  

Natalie Wood, Bell Policy Center, testified in opposition to the bill and provided a handout to the committee [Attachement O].

05:32:14 PM  

Eileen Bond, representing herself, testified in opposition to the bill.

05:35:48 PM  

Hope Hyett, Colorado Mental Wellness Network, testified in opposition of the bill.

05:39:06 PM  

Kate Fitch, Colorado Mental Wellness Network, testified in opposition to the bill and distributed a handout to the committee (Attachment P).



05:50:11 PM
Motion Refer Senate Bill 18-214 to the Committee on Appropriations.
Moved Smallwood
Seconded
Aguilar No
Crowder Yes
Kefalas No
Martinez Humenik No
Smallwood Yes
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


05:50:27 PM
Motion Postpone Senate Bill 18-214 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 Aguilar
Seconded
Aguilar Yes
Crowder No
Kefalas Yes
Martinez Humenik Yes
Smallwood No
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
05:50:28 PM  

Senator Smallwood recessed the meeting.



HB18-1282 - Amended, referred to the Committee of the Whole - Consent Calendar


06:00:27 PM  

Senator Martinez Humenik reconvened the meeting.

06:00:43 PM  

Senators Kefalas and Smallwood, co-prime sponsors, presented House Bill 18-1282.  The bill requires off-campus locations of a hospital to use a different billing code than the main campus of the hospital.

Amendments L.003 and L004 were distributed [Attachments Q and R].

06:06:50 PM  
Josh Ewing, Colorado Hospital Association, testified in opposition to the bill.
06:11:05 PM  
Melissa Greer, UC Health, testified in opposition to the bill.
06:13:57 PM  
Steve Gross, HealthOne, testified in opposition to the bill.
06:17:20 PM  
Mr. Ewing, Ms. Greer, and Mr. Gross responded to questions.
06:22:30 PM  
Jackie Zheleznyak, Denver Health Authority, testified in a neutral capacity and responded to questions.
06:27:23 PM  

Jessica Morgan, Colorado Association of Health Plans, testified in support of the bill.

06:31:10 PM  

Caitlin Westerson, Colorado Consumer Health Initiative, testified in opposition to the bill.

06:32:25 PM  

Scott Lindbolm, HCPF, testified in support of the bill.

06:36:23 PM  

Committee discussion followed regarding the amendments [Attachments Q and R].



06:42:01 PM
Motion Adopt amendment L.004 (Attachment R).
Moved Smallwood
Seconded
Aguilar
Crowder
Kefalas
Martinez Humenik
Smallwood
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


06:44:02 PM
Motion Adopt amendment L.003 (Attachment Q).
Moved Aguilar
Seconded
Aguilar
Crowder
Kefalas
Martinez Humenik
Smallwood
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


06:45:03 PM
Motion Refer House Bill 18-1282, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
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



HB18-1155 - Committee Discussion Only

06:51:13 PM  

Senator Martinez Humenik, bill sponsor, presented House Bill 18-1155.  The bill continues the regulation of physical therapists and physical therapist assistants by the Physical Therapy Board in the Department of Regulatory Agencies, which is scheduled to repeal on September 1, 2018.  State fiscal impacts under the bill include the continuation of the program's current revenue and expenditures, as well as a minimal workload impact from changes in the bill.  The program is continued through September 1, 2027.

06:52:42 PM  
Bryan Jameson, Colorado Department of Regulatory Agencies, responded to questions from the committee.
07:05:45 PM  

Senator Martinez Humenik continued to present the bill.

07:07:50 PM  

Jennifer Berry, DPT, American Physical Therapy Association - Colorado (APTA-Colorado), testified in support the bill.

07:12:10 PM  
Meg Ryan Sippel, representing herself, testified in support of the bill.
07:16:18 PM  

Dr. Berry  and Ms. Sippel responded to questions from the committee.

07:22:39 PM  

Scott Richardson, Acupuncture Association of Colorado (AAC), testified in opposition to the bill.

07:25:00 PM  

Geina Horton, AAC, testified in opposition to the bill.

07:26:37 PM  

Amanda Hilton, representing herself, testified in opposition to the bill.

07:31:34 PM  

Kristine Grayce, AAC, testified in opposition to the bill and provided a handout to the committee [Attachment S].

07:38:27 PM  

Dr. Elizabeth Spetnagel, AAC, testified in opposition to the bill and provided a handout [Attachment T].

07:44:11 PM  

Stephanie Shober, AAC, testified in opposition to the bill.

07:48:46 PM  

Shelia Liewald, AAC, testified in opposition to the bill and provided a handout to the committee [Attachment U].

07:50:44 PM  
Lindsay Long, ACC, testified in opposition to the bill.
07:52:51 PM  

Erika Fayina Marie, ACC, testified in opposition to the bill and provided three handouts to the committeel [Attachment V, W, and X].

08:04:13 PM  

Mark VanOtterloo, AAC, testified in opposition to the bill.

08:14:16 PM  

Cameron MacDonald, DPT, APTP-Colorado, testified in support of the bill and responded to questions from the committee.

08:18:45 PM  

Senator Smallwood laid the bill over for action at the next committee meeting.


08:19:32 PM   Committee Adjourned