322C3B74AE057352872585210068080E Hearing Summary

Representative Lontine, bill sponsor, presented the House Bill 20-1302.

This bill makes changes to reporting requirements for the mistreatment of at-risk adults, requires employers to provide access to documents to counties conducting investigations of allegations of mistreatment, and updates who must receive a background check through Colorado's Adult Protection Services data system (CAPS).

Reporting requirements.  Under current law, when a county adult protection service unit or a local law enforcement agency receives a report of known or suspected mistreatment of an at-risk adult, that agency must prepare a written report within 48 hours.  This bill requires that agency to prepare the written report within 24 hours of receiving the allegation.  The bill also allows the report of mistreatment to be disclosed without a court order when the disclosure is made to an employer or oversight agency that requested a background check of an employee.  Disclosure may also occur when there is a criminal investigation into an allegation of mistreatment or when there is a review of a death by a coroner when the death is suspected to be related to mistreatment.

Investigations.  The bill requires employers to allow access to persons, documents, and other evidence to a county adult protection service unit when there is an investigation into an allegation of mistreatment.  This requirement does not apply to attorneys who are providing legal assistance to individuals who have a contract with an Area Agency on Aging.  Failure to allow access to counties is a class 1 misdemeanor.

Background checks.  The bill also requires that background checks of data in CAPS be conducted for an employer who is also an employee.  If an employee is determined to have a substantiated finding of mistreatment, the employer and the employer's parent company or oversight agency will receive the results.  Employers may also request CAPS checks on any volunteer who will provide direct care to an at-risk adult and requires the Office of the Public Guardianship to conduct CAPS checks on anyone hired as a guardian.  Finally, the bill creates two class 1 misdemeanors for anyone who requests a CAPS check on someone who is not an employee or not being considered for employment, and when an individual knowingly provides inaccurate information for a CAPS background check.      

Yolanda Webb, Department of Human Services, testified in support of the bill.

Ms. Webb responded to questions from the committee.

Doug Farmer, Colorado Health Care Association, testified in opposition to the bill.

Ken Kerver, representing himself, testified in opposition to the bill.

Dana Runager, Genesis Health Care, testified in opposition to the bill.

Cole Papish, representing himself, testified in opposition to the bill.

Maureen Welch, representing herself, testified in opposition to the bill and distributed a handout to the committee (Attachment A).

The previous panel of witnesses responded to questions from the committee.

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

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

Rob Hernandez, representing himself, testified in opposition to the bill.

David Bolin, representing himself, testified about the bill.

Amber Burkhart, Colorado Hospital Association, testified in a neutral position about the bill.

Sophia San Miguel, representing herself, testified about the bill.

The previous panel of witnesses responded to questions from the committee.

Mindy Gates, Department of Human Services, testified in favor of the bill.

Peg Rogers, Department of Human Services, testified in favor of the bill.

The previous panel responded to questions from the committee.

Representative Lontine, described amendment L.001 and distributed it to the committee (Attachment B).

The bill sponsor made final comments on the bill.

The committee members made final comments on the bill.