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H_PBH_2021A 03/09/2021 01:31:04 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON PUBLIC & BEHAVIORAL HEALTH & HUMAN SERVICES
Date 03/09/2021
Attendance
Bradfield X
Cutter X
Gonzales-Gutierrez X
Holtorf X
Jodeh X
Larson X
Ortiz X
Pelton X
Ricks X
Woog X
Young X
Sirota X
Michaelson Jenet X
Time 01:31:04 PM to 05:17:43 PM
Place HCR 0112
This Meeting was called to order by Michaelson Jenet
This Report was prepared by Alexa Kelly
Hearing Items Action Taken
HB21-1021 Amended, referred to House Finance
HB21-1097 Amended, referred to the Committee of the Whole
HB21-1072 Amended, referred to the Committee of the Whole
HB21-1130 Referred to the Committee of the Whole
HB21-1123 Amended, referred to the Committee of the Whole

HB21-1021 - Amended, referred to House Finance


01:32:03 PM  
Representative Caraveo,
bill sponsor, introduced HB21-1021. The bill requires the Department of
Human Services to develop a procedure to approve recovery support services
organizations that meet certain qualifications, including those established
by rule by DHS in collaboration with the Department of Health Care Policy
and Financing.  The bill specifies that peer support professional
services provided through an approved recovery support services organization
can to be covered under Medicaid.



The bill creates the Peer Support Workforce Cash Fund that contains revenue
from fees paid by recovery support services organizations that apply for
approval, as well as from gifts, grants, and donations.



Under the bill, contracts entered into between DHS’ Office of Behavioral
Health and designated managed service organizations must include terms
and conditions outlining the expectations for organizations to invest in
the state’s recovery services infrastructure.
01:35:07 PM  
Representative Pelton, bill sponsor, gave opening comments about the bill.
01:37:19 PM  
Representative Caraveo answered questions about the differences between the bill last year and this bill.
01:39:39 PM  
Hope Hyatt, representing Colorado Mental Wellness Network, testified in support of the bill.
01:41:16 PM  
Ms. Lauren Snyder, State Policy Director, representing Mental Health Colorado, testified in support of the bill.
01:44:42 PM  
Committee members asked questions to the previous witnesses.
01:47:22 PM  

Robert Werthwein, representing Colorado Department of Human Services, testified in support of the bill.

01:49:59 PM  
Ms. Deb Mahan, Executive Director, representing Gazette Charities Foundation, testified in support of the bill.
01:52:32 PM  
Valerie Schlecht, representing Colorado Cross-Disability Coalition, testified in support of the bill.
01:54:54 PM  
Dr. Sona Dimidjian, representing University of Colorado at Boulder, testified in support of the bill.
01:57:18 PM  
Emeline Smith, representing Colorado Youth Congress, testified in support of the bill.
02:00:45 PM  
Sidney Stadelmann, representing Colorado Youth Congress, testified in support of the bill.
02:03:43 PM  
Mr. Eric Gronemeyer,
Peer Support Professional, representing himself, testified in support of
the bill. He responded to questions from committee.
02:05:14 PM  
Mr. Butch Lewis, representing Spero Recovery, testified in support of the bill.
02:10:57 PM  
Mrs. Amanda Cain, representing herself, testified in support of the bill.
02:12:45 PM  
Meghan Baker, representing Disability Law Colorado, testified in support of the bill.
02:12:46 PM  
All submitted written
testimony can be found in Attachment A.
02:18:37 PM  
Representative Caraveo introduced and spoke about the amendments.


02:19:26 PM
Motion Adopt amendment L.001 (Attachment B)
Moved Pelton
Seconded Cutter
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:20:29 PM
Motion Adopt amendment L.002 (Attachment C)
Moved Pelton
Seconded Sirota
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:20:50 PM  
Representatives Caraveo and Pelton gave final comments on the bill.
02:22:18 PM  
Committee members made comments on the bill.


02:24:48 PM
Motion Refer House Bill 21-1021, as amended, to the Committee on Finance.
Moved Pelton
Seconded Cutter
Bradfield Excused
Cutter Yes
Gonzales-Gutierrez Yes
Holtorf Excused
Jodeh Yes
Larson Yes
Ortiz Yes
Pelton Yes
Ricks Yes
Woog Yes
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 11   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



HB21-1097 - Amended, referred to the Committee of the Whole

02:25:05 PM  
Representative Young, bill sponsor, introduced HB21-1097. This bill requires the Department of Human Services (DHS) to develop a plan for the creation of the Behavioral Health Administration (BHA), and to establish the BHA with specified duties by July 1, 2022.

Plan to establish the BHA. By November 1, 2021, the DHS must develop a plan for the creation of the BHA, as recommended by the Colorado Behavioral Health Task Force. The plan must include:

· recommendations for funding and legislation to implement the plan and the BHA;
· a list of state programs that should be managed by the BHA;
· the governance structure of the BHA;
· potential opportunities for collaboration with local governments;
· recommendations on how to deal with grievances, appeals, and ombudsman services for the BHA;
· a data integration plan; and
· a description of how to ensure the availability of programs and to establish a standard of care.

In addition, several state agencies are tasked with coordinating with the DHS to develop recommendations that align and integrate the BHA with medical assistance programs, private insurance, and prevention and preventive services.

Duties of the BHA. The bill requires that the DHS establish the BHA no later than July 1, 2022, and specifies the duties of the agency, which include:

· being the single state agency responsible for state behavioral health programs;
· receiving coordinating and distributing behavioral health funding;
· monitoring, evaluating, and reporting data on behavioral health outcomes;
· promoting a system that supports a whole-person approach; and
· promoting culturally responsive and equitable behavioral health care.

In establishing the BHA, the bill requires the DHS to promulgate rules to provide oversight of the agency. Until the BHA is fully operational, the agency is housed in the DHS. The DHS is required to provide recommendations to the General Assembly on the location of the BHA by November 1, 2024. If no decision is made by June 30, 2025, the BHA will remain in the DHS.

02:26:33 PM  
Representative Pelton, bill sponsor, made opening remarks about the bill.
02:34:23 PM  
Lieutenant Governor Dianne Primavera, representing State of Colorado, testified in support of the bill.
02:36:13 PM  
Michelle Barnes, Executive Director, representing CDHS, testified in support of the bill.
02:39:51 PM  
Director Kim Bimestefer, representing Colorado Department of Health Care Policy and Finance (HCPF), testified in support of the bill.
02:47:24 PM  
Mr. Vincent Atchity, President and CEO, representing Mental Health Colorado, testified in support of the bill.
02:48:46 PM  
Ms. Barbara Drake, Deputy County Manager for Douglas County, representing Behavioral Health Task Force, testified in support of the bill.
02:52:15 PM  
Daniel Darting, Executive Director, representing Signal Behavioral Health Network, testified in support of the bill.
02:55:26 PM  
Steve Haden, representing Envision: You, testified in support of the bill.
03:02:48 PM  
Ms. Laura Teachout, representing herself, testified in support of the bill.
03:03:29 PM  
Leslie Patterson, representing herself, testified in support of the bill.
03:06:34 PM  
Ms. Carol Meredith, Executive Director, representing The Arc in Arapahoe and Douglas Counties, testified in support of the bill.
03:11:38 PM  

Dr. Cordelia Robinson-Rosenberg, representing herself, testified in support of the bill.

 

03:12:00 PM  
Committee members thanked the previous witnesses.
03:15:43 PM  
Valerie Schlecht, representing Colorado Cross-Disability Coalition, testified in support of the bill.
03:17:49 PM  
Mr. Frank Cornelia, representing Colorado Behavioral Healthcare Council, testified in support of the bill.
03:20:48 PM  
Alli Daley, representing Children's Hospital Colorado, testified in support of the bill.
03:24:38 PM  
Commissioner Hilary Cooper, representing Colorado Counties Incorporated (CCI), testified in support of the bill.
03:29:05 PM  
Brian Turner, representing
Solvista Health, testified in support of the bill.


Submitted written
testimony can be found in Attachment D.
03:33:29 PM  
Representative Pelton
introduced and spoke about L.005 (Attachment E).


03:34:38 PM
Motion Adopt amendment L.005 (Attachment E)
Moved Pelton
Seconded Ricks
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:34:53 PM  
Representative Young
introduced and spoke about L.009 (Attachment F).


03:35:29 PM
Motion Adopt amendment L.009 (Attachment F)
Moved Young
Seconded Sirota
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:35:51 PM  
Representative Young
introduced and spoke about L.006 (Attachment G).


03:36:18 PM
Motion Adopt amendment L.006 (Attachment G)
Moved Young
Seconded Ricks
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:36:32 PM  
Representative Young
introduced and spoke about L.007 (Attachment H).


03:37:02 PM
Motion Adopt amendment L.007 (Attachment H)
Moved Young
Seconded Ricks
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:37:14 PM  
Representative Young
introduced and spoke about L.004 (Attachment I).


03:37:44 PM
Motion Adopt amendment L.004 (Attachment I)
Moved Young
Seconded Sirota
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:38:05 PM
Motion Adopt amendment L.008 (Attachment J)
Moved Pelton
Seconded Ricks
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:38:26 PM  
Representative Pelton and Representative Young gave final remarks on the bill.
03:40:34 PM  
Committee members made final remarks on the bill.


03:42:37 PM
Motion Refer House Bill 21-1097, as amended, to the Committee of the Whole.
Moved Young
Seconded Pelton
Bradfield Yes
Cutter Yes
Gonzales-Gutierrez Yes
Holtorf Yes
Jodeh Yes
Larson Yes
Ortiz Yes
Pelton Yes
Ricks Yes
Woog Yes
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 13   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB21-1072 - Amended, referred to the Committee of the Whole


03:42:51 PM  
Representative Froelich, bill sponsor, introduced HB21-1072. This bill requires the Department of Human Services (DHS) and other child and youth out-of-home placement service providers to provide equal access to all available programs, services, and benefits offered by the provider. Additionally, services provided are to be culturally sensitive to those receiving services. The DHS is required to determine whether or not these requirements are being followed. The bill also makes changes to training requirements for foster care parents, both prior to placement of a child and annually thereafter.
03:44:27 PM  
Heather Crate, representing themselves, testified in support of the bill.
03:48:12 PM  
Ms. Betsy Fordyce, Executive Director, representing Rocky Mountain Children's Law Center, testified in support of the bill.
03:50:40 PM  
Samantha Carwyn, representing Interfaith Alliance of Colorado, testified in support of the bill.
03:53:42 PM  
Ms. Milagro Lebron, representing herself, testified in support of the bill.
03:58:15 PM  
Committee members thanked the witnesses for testifying.
03:58:44 PM  
Ms. Korey Elger, representing CDHS, testified in support of the bill.
04:00:08 PM  
Mrs. Gini Pingenot, representing Colorado Counties, Incorporated, testified in support of the bill.
04:03:57 PM  
Chris Henderson, representing Colorado Office of the Child's Representative, testified in support of the bill.
04:06:07 PM  
Deanna Blair, representing herself, testified in support of the bill.
04:07:49 PM  
Ms. Alison Butler, representing Colorado Office of Respondent Parents' Counsel, testified in support of the bill.
04:09:12 PM  
Karla GonzalesGarcia, representing Colorado Organization for Latina Opportunity and Reproductive Rights, testified in support of the bill.
04:14:46 PM  
Reverend Wayne Laws, representing himself, testified in support of the bill.
04:18:02 PM  

Mr. Andrew Archer, representing himself, testified in support of the bill.

Submitted written testimony can be found in Attachment K.

04:18:30 PM  
Committee members made comments on the bill.


04:25:45 PM
Motion Adopt amendment L.001 (Attachment L)
Moved Sirota
Seconded Gonzales-Gutierrez
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:26:14 PM  
Representative Froelich
introduced and spoke about L.001 (Attachment L) and L.004 (Attachment M).
Committee members asked questions about the amendments.


04:30:18 PM
Motion Adopt amendment L.004 (Attachment M)
Moved Sirota
Seconded Cutter
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:30:19 PM  
Representative Froelich made final remarks on the bill.
04:32:03 PM  
Committee members made final comments on the bill.


04:35:04 PM
Motion Refer House Bill 21-1072, as amended, to the Committee of the Whole.
Moved Sirota
Seconded Cutter
Bradfield No
Cutter Yes
Gonzales-Gutierrez Excused
Holtorf No
Jodeh Yes
Larson Excused
Ortiz Yes
Pelton No
Ricks Yes
Woog No
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 7   NO: 4   EXC: 2   ABS:  0   FINAL ACTION:  PASS



HB21-1130 - Referred to the Committee of the Whole


04:35:14 PM  
Representative Bradfield, bill sponsor, introduced HB21-1130. The bill expands the community transition specialist program in the Department of Human Services (DHS) to individuals who are receiving voluntary behavioral health or substance abuse services. In addition, the DHS must coordinate referrals from acute treatment services and facilities providing crisis stabilization services.
04:41:02 PM  
Alli Daley, representing Children's Hospital Colorado, testified in support of the bill.
04:43:09 PM  
Moe Keller, representing Mental health colorado, testified in support of the bill.
04:47:57 PM  
Dr. Robert Werthwein,
representing CDHS, testified in support of the bill. He answered committee
questions.
04:49:26 PM  
Ms. Valerie Schlecht, representing Colorado Cross-Disability Coalition, testified in support of the bill.
04:51:18 PM  

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

Submitted written testimony can be found in Attachment N.

04:52:33 PM  
Representative Michaelson Jenet and Representative Bradfield made final comments on the bill.


05:00:09 PM
Motion Refer House Bill 21-1130 to the Committee of the Whole.
Moved Michaelson Jenet
Seconded Bradfield
Bradfield Yes
Cutter Yes
Gonzales-Gutierrez Yes
Holtorf Yes
Jodeh Yes
Larson Excused
Ortiz Yes
Pelton Yes
Ricks Yes
Woog Yes
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 12   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB21-1123 - Amended, referred to the Committee of the Whole


05:00:28 PM  
Representative Michaelson Jenet, bill sponsor, introduced HB21-1123. This bill requires information sharing between the Department of Human Services (DHS), county departments of human services, and the Department of Regulatory Agencies (DORA) if a regulated professional was found to have a substantiated case of mistreatment of an at-risk adult in the course of their professional duties. As part of this information sharing, DORA must provide the professional license number of the person under investigation to county departments of human services. In addition, the DHS must share certain appeal information with DORA, upon request. Starting January 1, 2022, the DHS must notify DORA within ten days if a professional has been found to have a substantiated case of mistreatment.

The bill also requires courts to request Colorado Adult Protective Services (CAPS) data system checks from the DHS before a court appoints a conservator or guardian to an at-risk adult. The courts may require the applicant to pay for the CAPS check. The DHS must provide notification of a substantiated finding within seven calendar days.

05:02:15 PM  
Kris Zumalt, representing Colorado Bar Association, testified to amend the bill.
05:09:29 PM  
Ms. Jeanette Hensley,
representing Colorado Senior Lobby, testified in support of the bill. She
responded to questions from the committee.
05:14:18 PM  
Representative Michaelson
Jenet introduced and spoke about L.001 (Attachment O).


05:15:14 PM
Motion Adopt amendment L.001 (Attachment O)
Moved Michaelson Jenet
Seconded Ricks
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson Excused
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
05:15:31 PM  
Committee members asked questions about the amendment.
05:15:43 PM  
Representative Michaelson Jenet made final remarks on the bill.


05:17:28 PM
Motion Refer House Bill 21-1123, as amended, to the Committee of the Whole.
Moved Michaelson Jenet
Seconded Cutter
Bradfield Yes
Cutter Yes
Gonzales-Gutierrez Excused
Holtorf Yes
Jodeh Yes
Larson Excused
Ortiz Yes
Pelton Yes
Ricks Yes
Woog Yes
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 11   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS


05:17:43 PM   The committee adjourned.