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S_HHS_2024A 04/11/2024 01:37:47 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Date 04/11/2024
Attendance
Gonzales *
Jaquez Lewis X
Michaelson Jenet X
Mullica X
Rich X
Smallwood X
Will *
Ginal X
Fields X
Time 01:37:47 PM to 09:41:34 PM
Place SCR 357
This Meeting was called to order by Fields
This Report was prepared by Jerard Brown
Hearing Items Action Taken
HB24-1229 Referred to the Committee of the Whole - Consent Calendar
SB24-054 Amended, referred to Senate Appropriations
HB24-1170 Referred to the Committee of the Whole
HB24-1252 Amended, referred to Senate Appropriations
SB24-124 Amended, referred to Senate Appropriations
HB24-1171 Postponed Indefinitely

HB24-1229 - Referred to the Committee of the Whole - Consent Calendar


01:40:28 PM  
Senators Mullica
and Will, primary bill sponsors, presented House Bill 24-1229, which changes
the requirements for people in need of long-term care to become presumptively
eligible for Medicaid by removing the requirement for a level of care assessment
and allowing the Department of Health Care Policy and Financing to collect
any information required for federal authorization.




Senator Mullica
provided a handout to the committee (Attachment A).
01:41:45 PM  
Deborah Lively, representing
LeadingAge Colorado, testified in support of the bill.



Jill Schnathorst, representing Colorado Health Care Policy and Financing
Department, testified in support of the bill.



Kenneth Maestas, representing The Colorado Cross Disability Coalition (CCDC),
testified in support of the bill.



Committee members asked the panel questions.




Additional written
testimony was submitted to the committee (Attachment B).
01:49:53 PM  
The bill sponsors provided closing remarks.


01:51:25 PM
Motion Refer House Bill 24-1229 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Mullica
Seconded
Gonzales Yes
Jaquez Lewis Yes
Michaelson Jenet Yes
Mullica Yes
Rich Yes
Smallwood Excused
Will Yes
Ginal Yes
Fields Yes
Final YES: 8   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB24-054 - Amended, referred to Senate Appropriations

01:51:49 PM  
The committee recessed.
01:52:02 PM  
The committee resumed.
02:04:00 PM  
Senators Michaelson Jenet and Ginal, primary bill sponsors, presented Senate Bill 24-054, which 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 andFinancing (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.

Senator Ginal provided a handout to the committee (Attachment C).

02:21:45 PM  
Dr. Adam Gilden, representing Anschutz Health and Wellness Center, University of Colorado, testified in support of the bill.

Christine Fallabel, representing The American Diabetes Association, testified in support of the bill.

Dr. Rebecca Andrick, representing themself, testified in support of the bill.

Dr. Jaime Moore, representing Children's Hospital Colorado, testified in support of the bill.

Committee members asked the panel questions.

02:49:46 PM  
Mr. Brandon Arnold,
representing Colorado Association of Health Plans, testified in opposition
to the bill.



Mr. Patrick Boyle, representing Pharmacy Care Management Association, testified
in opposition to the bill.



Debra Judy, representing Division of Insurance, testified to amend the
bill.



Jim Leonard, representing Colorado Health Care Policy and Financing Department,
testified to amend the bill.



Ms. Erin Meschke, representing themself, testified in opposition to the
bill.



Committee members asked the panel questions.
03:27:53 PM  
Dr. Carolynn Francavilla Brown, representing Obesity Medicine Association, testified in support of the bill.

Mr. Todd Nielsen, representing themself, testified in support of the bill.

Dr. Rachel Moore, representing American Society for Metabolic and Bariatric Surgery, testified in support of the bill.

Mr. Teddy McCullough, representing themself, testified in support of the bill.

Committee members asked the panel questions.

03:41:35 PM  
Dr. Erin Harrop, representing Mental Health Colorado, testified to amend the bill.

Ms. Tigress Osborn, representing Campaign for Size Freedom/NAAFA, testified to amend the bill.

Ms. Lauren Pickens, representing Colorado Academy of Nutrition and Dietetics, testified to amend the bill.

McKenna Ganz, representing The Eating Disorder Foundation and the Colorado Alliance for Size Equity, testified to amend the bill.

Ms. Ragen Chastain, representing Fat Legal Advocacy, Rights, and Education (FLARE!) Project, testified to amend the bill.

Committee members asked the panel questions.

04:03:52 PM  
Dr. Linda Shapiro Manning, representing Obesity Action Coalition, testified in support of the bill.

Ms. Judith Smith, representing themself, testified in support of the bill.

Ms. Aleia Mastroianni, representing themself, testified in support of the bill.

Ms. Leah Weihe, representing themself, testified in support of the bill.

Committee members asked the panel questions.

04:19:34 PM  
Mr. Michael Ruddock,
representing Adams County Health Department, testified in support of the
bill.



Tyler Garrett, representing themself, testified in support of the bill.



Ms. Danielle Marston, representing themself, testified in support of the
bill.



Dr. Abby Bleistein, representing Colorado Obesity Society, testified in
support of the bill.



Dr. Stefanie Huff, representing themself, testified in support of the bill.



Ms. Jessica Quintana, representing Weigh Colorado Wellness, testified in
support of the bill.



Ms. Tiffany Gordon, representing themself, testified in support of the
bill.



Committee members asked the panel questions.
04:43:04 PM  
Francesca Maes, representing
themself, testified in support of the bill.



Additional written testimony was submitted to the committee (Attachment
D).
04:56:13 PM  
Senator Michaelson Jenet introduced amendment L.001 (Attachment E).

The committee discussed the amendment.



05:02:45 PM
Motion Adopt amendment L.001 (Attachment E).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:02:47 PM  
Senator Michaelson Jenet introduced amendment L.002 (Attachment F).

The committee discussed the amendment.



05:04:18 PM
Motion Adopt amendment L.002 (Attachment F).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:04:21 PM  
Senator Michaelson Jenet introduced amendment L.003 (Attachment G).

The committee discussed the amendment.



05:13:53 PM
Motion Adopt amendment L.003 (Attachment G).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn
05:14:28 PM  
Senator Michaelson
Jenet introduced amendment L.009 (Attachment H).




The committee
discussed the amendment.


05:18:33 PM
Motion Adopt amendment L.009 (Attachment H).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn
05:18:54 PM  
The committee discussed the bill.
05:20:41 PM  
The bill sponsors provided closing remarks.
05:27:33 PM  
The committee provided closing remarks.


05:37:06 PM
Motion Refer Senate Bill 24-054, as amended, to the Committee on Appropriations.
Moved Michaelson Jenet
Seconded
Gonzales Yes
Jaquez Lewis Excused
Michaelson Jenet Yes
Mullica Yes
Rich No
Smallwood No
Will No
Ginal Yes
Fields Yes
Final YES: 5   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB24-1170 - Referred to the Committee of the Whole


05:37:33 PM  
Senators Gonzales and Michaelson Jenet, primary bill sponsors, presented House Bill 24-1170, establishes a bill of rights for juveniles in a Division of Youth Services facility (DYS), and requires the DYS to update its handbook to include these rights. This includes having access to certain information, legal resources, medical care, education, and persons; being protected from certain punishment and discrimination; and having protections to participate in legal processes.

Senator Gonzales provided a handout to the committee (Attachment I).

The committee asked the bill sponsors questions.

05:47:54 PM  
Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

Anaya Robinson, representing ACLU of Colorado, testified in support of the bill.

Ms. Tiffany Pelham Webb, representing themself, testified in support of the bill.

Mr. Anders Jacobson, representing Colorado Department of Human Services, testified in support of the bill.

Committee members asked the panel questions.

05:58:25 PM  
Ms. Erin Meschke,
representing themself, testified to amend the bill.



Meighen Lovelace, representing Colorado Cross Disability Coalition, testified
in support of the bill.



Jack Johnson, representing themself, testified to amend the bill.
06:04:25 PM  
The bill sponsors provided closing remarks.


06:05:15 PM
Motion Refer House Bill 24-1170 to the Committee of the Whole.
Moved Gonzales
Seconded
Gonzales Yes
Jaquez Lewis Yes
Michaelson Jenet Yes
Mullica Excused
Rich No
Smallwood No
Will No
Ginal Yes
Fields Yes
Final YES: 5   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB24-1252 - Amended, referred to Senate Appropriations


06:05:42 PM  
Senator Michaelson Jenet, primary bill sponsor, presented House Bill 24-1252, which continues the Suicide Prevention Commission until September 1, 2029. Under current law, the commission repeals on September 1, 2024. The bill also decreases the size of the commission from 26 to 22 people.
06:09:34 PM  
Mr. Steve Sanchez, representing Colorado State Suicide Commission, testified in support of the bill.

Dr. Lena Heilmann, representing Colorado Department of Public Health and Environment, testified in support of the bill.

Ms. Susan Marine, representing Suicide Prevention Coalition of Colorado, testified in support of the bill.

Linda Newell, representing themself, testified in support of the bill.

Committee members provided comments to the panel.

06:21:36 PM  
Ms. Erin Meschke,
representing themself, testified in opposition to the bill.



Mr. Kennedy Pugh, representing themself, testified in support of the bill.



Aimee Resnick, representing themself, testified in support of the bill.




Additional written
tesitmony was submitted to the committee (Attachment J).



Committee members asked the panel questions.

06:37:26 PM  
Senator Michaelson
Jenet introduced amendment L.009 (Attachment K).


06:38:08 PM
Motion Adopt amendment L.009 (Attachment K).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:38:53 PM  
Senator Michaelson Jenet provided closing remarks.


06:40:14 PM
Motion Refer House Bill 24-1252, as amended, to the Committee on Appropriations.
Moved Michaelson Jenet
Seconded
Gonzales Yes
Jaquez Lewis Yes
Michaelson Jenet Yes
Mullica Excused
Rich Yes
Smallwood Yes
Will Yes
Ginal Yes
Fields Yes
Final YES: 8   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB24-124 - Amended, referred to Senate Appropriations

06:40:55 PM  
Senators Michaelson Jenet and Rich, primary bill sponsors, presented Senate Bill 24-124, which requires Medicaid and 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 new requirement applies to Medicaid starting July 1, 2025 and to private insurance plans starting January 1, 2026. Department of Health Care Policy and Financing (HCPF) is allowed to conduct prior authorizations for these tests. The bill requires HCPF to provide notice of the authorization review results and to provide a readily accessible online appeals process for denied claims.

06:46:18 PM  
Mr. RJ Ours, representing American Cancer Society Cancer Action Network, testified in support of the bill.

Ms. Coral Cosway, representing Alzheimer's Association of Colorado, testified in support of the bill.

Ms. Sabrina Wright-Hobart, representing themself, testified in support of the bill.

Rebecca Givens, representing themself, testified in support of the bill.

Peggy Dennis, representing American Cancer Society, testified in support of the bill.

Committee members asked the panel questions.

06:59:46 PM  
Cori Chandler, representing American Cancer Society Cancer Action Network, testified in support of the bill.

Charlotte Crist, representing Colorado Health Care Policy and Financing Department, was available to answer committee questions.

Dr. Leticia Shea, representing Colorado Pharmacists Society, testified in support of the bill.

Ms. Melissa Horn, representing Arthritis Foundation, testified in support of the bill.

Committee members asked the panel questions.

Kristine McLaughlin, representing Legislative Council Staff - fiscal analyst, joined to panel to answer committee questions.

07:24:18 PM  
Mr. Nick Torres,
representing American Lung Association, testified in support of the bill.



Mr. Brandon Arnold, representing Colorado Association of Health Plans,
testified in opposition to the bill.



Tara Smith, representing Department of Regulatory Agencies - Division of
Insurance, was available to answer committee questions.



Committee members asked the panel questions.





Additional
written testimony was submitted to the committee (Attachment L).
07:48:07 PM  
Senator Michaelson
Jenet introduced amendment L.002 (Attachment M).



The committee discussed the amendment.



07:50:05 PM
Motion Adopt amendment L.002 (Attachment M).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
07:50:31 PM  
Senator Michaelson
Jenet introduced amendment L.005 (Attachment N).



The committee discussed the amendment.


07:51:58 PM
Motion Adopt amendment L.005 (Attachment N).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica Excused
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
07:52:01 PM  
Senator Michaelson
Jenet introduced amendment L.006 (Attachment O).


07:52:33 PM
Motion Adopt amendment L.006 (Attachment O).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica Excused
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
07:52:54 PM  
Senator Michaelson
Jenet introduced amendment L.004 (Attachment P).


07:53:18 PM
Motion Adopt amendment L.004 (Attachment P).
Moved Michaelson Jenet
Seconded
Gonzales
Jaquez Lewis
Michaelson Jenet
Mullica Excused
Rich
Smallwood
Will
Ginal
Fields
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
07:53:21 PM  
The bill sponsors provided closing remarks.


07:56:43 PM
Motion Refer Senate Bill 24-124, as amended, to the Committee on Appropriations.
Moved Rich
Seconded
Gonzales Yes
Jaquez Lewis Yes
Michaelson Jenet Yes
Mullica Yes
Rich Yes
Smallwood No
Will Yes
Ginal Yes
Fields Yes
Final YES: 8   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1171 - Postponed Indefinitely


07:56:58 PM  
Senators Pelton R.
and Marchman, primary bill sponsors, presented House Bill 24-1171, which
makes updates and clarifications around the prescription and nonprescription
drugs that a naturopathic doctor can administer or prescribe. Under the
bill, the naturopathic formulary includes certain legend drugs, minerals,
trace minerals, enzymes, food, biological substances, homeopathic preparations,
and topical preparations, among others. Naturopathic doctors with a registration
from the Federal Drug Enforcement Administration may practice with all
drugs listed on schedules III through V under the Colorado Uniform Controlled
Substance Act, except benzodiazepines, opioids, or opioid derivatives.
Additionally, naturopathic doctors must pass an approved pharmacological
exam to be registered, and complete pharmacological continuing education
for both initial registration and renewal. The bill requires the Division
of Professions and Occupations in the Department of Regulatory Agencies
to consult with the Naturopathic Medicine Advisory Committee at least once
per year regarding revisions to the formulary. Naturopathic doctors are
prohibited from prescribing any medication or device to a person under
the age of 18 unless approved by the division or committee.



Committee members asked the bill sponsors questions.
08:08:41 PM  
Dr. James Gilchrist, representing Colorado Association of Naturopathic Doctors, testified in support of the bill.

Dr. Shayna Powell, representing Colorado Association of Naturopathic Doctors, testified in support of the bill.

Dr. Hilary Back, representing themself, testified in support of the bill.

Linda Taylor, representing Colorado Association of Naturopathic Doctors, testified in support of the bill.

Dr. Landrey Fagan, representing themself, testified in support of the bill.

Committee members asked the panel questions.

08:33:40 PM  
Mr. Bob Trigg, representing themself, testified in support of the bill.

Dr. Ryan Phillips, representing themself, testified in support of the bill.

Dr. Natalie Gustafson, representing themself, testified in support of the bill.

Committee members asked the panel questions.

08:42:17 PM  
Kathleen Curry, representing themself, testified in support of the bill.

Dr. Emily Zadvorny, representing Colorado Pharmacists Society, testified in opposition to the bill.

Dr. Mark Johnson, representing Colorado Medical Society, testified in opposition to the bill.

Dr. Kurt Papenfus, representing themself, testified in opposition to the bill.

Committee members asked the panel questions.

08:59:10 PM  
Dr. Tara Vlasimsky, representing Intermountain Health, testified in opposition to the bill.

Dr. Jennifer Hagman, representing Children's Hospital Colorado, testified in opposition to the bill.

John Conklin, representing Colorado Medical Society, testified in opposition to the bill.

Dr. Lance Ray, representing themself, testified in opposition to the bill.

Committee members asked the panel questions.

09:14:10 PM  
Laura Farr, representing
American Association of Naturopathic Physicians, testified in support of
the bill.



Ms. Jan Burton, representing themself, testified in support of the bill.



Dr. Roanne Houck, representing Colorado Association of Naturopathic Doctors,
testified in support of the bill.



Dr. William Blanchet, representing themself, testified in support of the
bill.




Dr. Eric Dorninger, representing themself, testified in support of the
bill.



Additional written testimony was submitted to the committee (Attachment
Q).



Committee members asked the panel questions.

09:33:58 PM  
The bill sponsors provided closing remarks.
09:36:48 PM  
Committee members provided closing remarks.


09:41:03 PM
Motion Refer House Bill 24-1171 to the Committee of the Whole.
Moved Ginal
Seconded
Gonzales No
Jaquez Lewis No
Michaelson Jenet No
Mullica No
Rich No
Smallwood No
Will Yes
Ginal No
Fields No
YES: 1   NO: 8   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


09:41:25 PM
Motion Postpone House Bill 24-1171 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 Ginal
Seconded
Gonzales Yes
Jaquez Lewis Yes
Michaelson Jenet Yes
Mullica Yes
Rich Yes
Smallwood Yes
Will No
Ginal Yes
Fields Yes
YES: 8   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


09:41:34 PM   The committee adjourned.