H_PHC_2020A 01/29/2020 10:01:33 AM Committee Summary

Representative Michaelson Jenet introduced the sunset review hearing for Occupational Therapists and Occupational Therapy Assistants.

Jennifer Lockwood, Department of Regulatory Agencies (DORA), introduced the sunset review. The report can be found here: https://drive.google.com/file/d/1L6AAcnxxwDKM9DPI5pO5gefvuqtXnSKj/view (Attachment A).  The committee received a copy of the draft bill concerning the continuation of the Occupational Therapy Practice Act (Attachment B).

Ms. Lockwood responded to questions from the committee.

Pamela DiPasquale-Lehnerz, Occupational Therapy Association of Colorado (OTAC), spoke about the sunset review.

Bailey Johnson, OTAC, spoke about the sunset review.

The committee discussed a conceptual amendment. Richard Sweetman, Office of Legislative Legal Services, responded to questions from the committee.

Representative Singer explained Amendment #1 (Attachment C).

Representatives Singer and Larson were assigned as sponsors. Co-sponsors include Representatives Young, Holtorf, Pelton, Landgraf, Liston, Gonzales-Gutierrez, Jaquez Lewis, Cutter, Caraveo, and Michaelson Jenet.

Representatives Arndt and Van Winkle, sponsors, introduced House Bill 20-1038 to the committee.  House Bill 13-1117 transferred certain youth service functions from the Department of Public Health and Environment to the Department of Human Services.  House Bill 20-1038 repeals statutory language that requires the Colorado Department of Public Health and Environment to provide those previously transferred youth services.

The sponsors responded to questions from the committee.

Representatives Young and Landgraf, sponsors, introduced House Bill 20-1012. The bill expands eligibility for children and youth with intellectual and developmental disabilities who require out-of-home residential care through a program administered by the Department of Human Services (DHS). Specifically, the bill expands the program to include children with co-occurring disorders, and to children who are at-risk of out-of-home placement. Currently, DHS only places children and who are in the custody of a county department of human services. The bill allows a parent or legal guardian of an eligible child to apply to DHS for placement. Under current law, DHS reimburses county departments that place children in the program. This bill requires DHS to reimburse the licensed facility for any placement initiated by a parent or legal guardian. Before a parent can apply to the program, a parent must first attempt to qualify the child for licensed out-of-home treatment services through Medicaid. Children covered only by private insurance are not eligible for the program. The bill also removes the priority of placements to county departments and requires DHS to place a child on the wait list if no beds are available. DHS is also required to maintain up to three emergency placement beds. Finally, the bill requires DHS to promulgate additional rules and to publish a report online by September 1, 2020. Additional rules required by the bill include rules for:

• planning for services for youth who turn 18 while in the program; 
• access to behavioral health services;
• a process for selection criteria and wait list management;
• program evaluation; and
• an application process for children who are at risk of out-of-home placement but not in the custody of a county department.

Lauren Snyder, Mental Health Colorado, testified in favor of the bill.

Dr. Patrick Romani, Children's Hospital Colorado, testified in favor of the bill.

Christiano Sosa, The Arc of Colorado, testified in favor of the bill.

Ellen Stern, Children's Hospital Colorado, testified in favor of the bill.

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

Gina Heumann, representing herself, testified in favor of the bill.

Amy VanTine, RAD Advocates, testified in favor of the bill.

The committee made comments regarding the testimony.

Representative Young introduced amendment L.001 (Attachment D). Committee members made comments on the amendment.

Aaron Carpenter, Legislative Council Staff, responded to questions from the committee regarding the fiscal note.

The sponsors responded to questions from the committee.

The bill sponsors made closing comments on the bill.

Committee members made closing comments about the bill.

Representatives Cutter and McKean, bill sponsors, introduced House Bill 20-1041 to the committee.  Under current law, physician assistants are required to maintain professional liability insurance of at least $1.0 million per claim and $3.0 million for all claims.  This bill repeals that requirement and requires that physician assistants who have been practicing for at least three years comply with the same financial responsibility requirements as physicians.  This includes:

•    having professional liability insurance coverage of at least $1.0 million per incident and $3.0 million annual aggregate per year;

•    allowing the Medical Board to lower the financial requirements for physician assistants;

•    mandating that physician assistants give the Medical Board evidence that they have met the requirements; and

•    doubling the financial responsibility for any physician assistant that has committed medical malpractice twice in one year.

The sponsors responded to questions from the committee.

Jean Martin, COPIC Insurance, testified regarding the bill.

Alyn Welchel, Colorado Academy of Physician Assistants (CAPA), testified in favor of the bill.

Tiffany Knudsen, CAPA, made herself available for questions.

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

The sponsors made closing comments on the bill.