H_PHC_2020A 02/05/2020 10:25:55 AM Committee Summary

Representative Titone, bill sponsor, introduced amendments L.002, L.003, and L.004 for House Bill 20-1113 (Attachments A, B, and C).

Representative Titone discussed amendment L.002 (Attachment A).

Committee discussion about the amendment ensued.

Aaron Carpenter, Legislative Council Staff, discussed a revised fiscal impact and the timing of a revised fiscal note.

Representative Landgraf discussed amendment L.003 (Attachment B).

Committee members made comments on the amendments.

Representative Landgraf introduced amendment L.004 (Attachment E).

Representatives Titone and Landgraf made closing remarks on the bill.

Committee members made closing remarks on the bill.

Representative Will and Representative Caraveo,  bill sponsors, introduced House Bill 20-1092. The bill requires the Department of Health Care Policy and Financing (HCPF) to reimburse federally qualified health centers (FQHCs) for providing telemedicine and clinical pharmacy services to Medicaid clients.  HCPF is required to promulgate rules to implement the bill.

Under current law, telemedicine is a service that some providers can bill to Medicaid.  However, for FQHCs, HCPF defines a payable encounter as requiring an in-person face-to-face visit.  The bill establishes that telemedicine service meets the definition of a face-to-face encounter for FQHCs, and that the reimbursement rate for a telemedicine service must be at least the same rate as for a comparable in-person visit.

Colorado's Medicaid program does not currently cover services provided by clinical pharmacists at FQHCs.  While some FQHCs do offer clinical pharmacist services, these are typically grant funded.  The bill requires costs for services provided by clinical pharmacists through an FQHC to be reimbursed by Medicaid.

The bill sponsors responded to questions from the committee.

Polly Anderson, Colorado Community Health Network, testified in support of the bill. Dr. Brian Hill, Colorado Coalition for the Homeless, testified in support of the bill. Stephanie Einfield, Northwest Colorado Health, testified in support of the bill.

The witnesses responded to questions from the committee.

Dr. Gina Moore, Colorado Pharmacists Society and University of Colorado, testified about the bill. Dr. Joel Marrs, Denver Health, testified about the bill and distributed a handout to committee members (Attachment D). Dr. Emily Kosirog, Salud Family Health, testified about the bill and distributed a handout to committee members (Attachment E). Dr. Charlotte Ricchetti, Colorado Coalition for the Homeless, testified in support of the bill.

The witnesses responded to questions from the committee.

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

Nina Schwartz, Colorado Department of Health Care Policy and Financing, responded to questions from the committee.

Max Nardo, Legislative Council Staff, discussed potential cost savings in the fiscal note.

James Farmer, High Plains Community Health Center, testified in support of the bill.

Eric Neimeyer, High Plain Community Health Center, testified about the bill.

Mr. Neimeyer responded to questions from the committee.

Representative Caraveo responded to questions from the committee.

Representatives Will and Caraveo made closing remarks on the bill.

Committee members made closing remarks on the bill.

The committee went into recess.

Representative Singer called the committee back to order.

Representatives Caraveo and Pelton, bill sponsors, presented House Bill 20-1139. The bill creates and allows recovery support services organizations to bill Medicaid for eligible services.  The bill also establishes a tax credit for eligible peer-support professionals.  

Recovery support services organizations.  This bill creates a new type of organization, called a recovery support services organization, for which the Office of Behavioral Health (OBH) in the Department of Human Services (DHS) may approve for reimbursement under Medicaid.  Recovery support services organizations are governed by representatives of communities of recovery that provide recovery-focused services.  

On or before January 1, 2022, recovery support services organizations approved by the OBH may bill for services including:

•    peer-delivered support services;

•    peer-run drop-in centers, recovery and wellness centers, and employment services;

•    prevention and early intervention activities;

•    peer mentoring for children and adolescents;

•    patient and family support groups;

•    warm lines; and

•    advocacy services.

State income tax credit for peer support professionals.  The bill also creates a state income tax credit for eligible peer support professionals.  The amount of the tax credit is $1,000 per taxpayer and is refundable, meaning if the amount exceeds the taxpayer's state income tax liability, the balance is refunded to the taxpayer.  The credit is available for tax years 2021 through 2030.  The bill caps the total amount of credits that can be issued to $100,000 per tax year.  The credit certificates will be issued by OBH and in the order in which they are requested.  The DHS must adjust the tax credit amount for inflation beginning in tax year 2022.

To be eligible for the credit, a peer support professional must:

• have been employed in Colorado as a peer support professional at least part-time in the behavioral health sector for at least three years and be enrolled in a undergraduate or graduate degree from an accredited Colorado institution of higher education with at least 12 credit hours per academic year; or
•  have been previously employed in Colorado as a peer support professional at least part-time in the behavioral health sector for at least three years, graduated from an accredited Colorado institution of higher education, and have been subsequently employed in Colorado as a behavioral health care provider.  

The OBH must promulgate rules concerning what documentation is required to receive the credit; review all necessary information provided by eligible peer support professionals; ensure that the total amount of tax credits issued does not exceed the $100,000 annual cap; and provide an annual report to the DHS of the number of eligible peer support professionals.  On or before July 1, 2030, the OBH must submit a report to the General Assembly on the number and types of peer support professionals who took a tax credit.

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

Jenny Loth-Hill, representing herself, testified in support of the bill. She distributed a handout to the committee (Attachment F).

Gabrielle Rodriguez, representing herself, testified in support of the bill.

Mandy Chapman, representing herself, testified in support of the bill.

The previous four witnesses responded to questions from the committee.

Hope Hyatt, Colorado Mental Wellness Network, testified in support of the bill. She distributed a handout to the committee (Attachment G).

Amanda Cain, representing herself, testified in support of the bill.

Jess Stohlmann-Rainey, Rocky Mountain Crisis Partners, testified in support of the bill.

Committee members made comments on the testimony.

Valerie Schlecht, Colorado Cross-Disability Coalition, testified in support of the bill. Thomas Hernandez, Tribe Recovery Homes, testified in support of the bill. Joseph Bowers, National Alliance on Mental Illness Colorado, testified in support of the bill. The witnesses responded to committee questions.

Rachel Sedell, representing herself, testified in support of the bill. Mark Leveling, Rocky Mountain Crisis Partners, testified in support of the bill.

Margaret Elmer, National Alliance on Mental Illness Colorado, testified in support of the bill.

Representative Caraveo explained amendment L.002 to the committeee (Attachment H).

Representatives Caraveo and Pelton made closing remarks on the bill.

Committee members commented on the bill.

Representative Wilson, bill sponsor, presented House Bill 20-1101 to the committee. The bill requires an agreement between an assisted living residence referral agency and a prospective resident to be in writing and include:

• the right of the prospective resident or their representative to terminate the referral agency's services for any reason and at any time; and
• a requirement that, if the prospective resident terminates the services of the referral agency, that the referral agency must communicate this termination to any assisted living residences to which the prospective resident was referred.

The bill prohibits an assisted living residence from paying a fee to a referral agency if the agreement between the referral agency and prospective resident or their representative was terminated.  Additionally, assisted living residences may not sell a prospective resident's contact information without written consent.

This bill also expands the definition of assisted living residence to include facilities for individuals with intellectual and developmental disabilities, nursing care facilities, and any other similar facility.

Cindy Koch, Greater Denver Placement and Referral Alliance, testified in support of the bill. Marnie Biln, Greater Denver Placement and Referral Alliance, testified in support of the bill. Lyle Campbell, Colorado Assisted Living Association, testified in support of the bill. Jeanette Hensley, Colorado Senior Lobby, testified in support of the bill.

Representative Wilson discussed amendment L.001 (Attachment I).

Committee members made closing comments on the bill.

Representative Froelich, sponsor, presented House Bill 20-1100. The bill grants additional rulemaking authority to the Department of Human Services regarding the pass-through of child support payments collected by the state to recipients of Temporary Assistance for Needy Families (TANF) under the Colorado Works Program.  Under current law, in any year where appropriations from the General Assembly for the pass-through program do not meet or exceed the full reimbursement amount to counties and the federal government, the pass-through of child support collections to TANF recipients must cease for that year.  Instead, this bill gives the State Board of Human Services authority to determine if the General Assembly has appropriated sufficient funds to maintain the pass-through of child support funds each fiscal year.

The bill also creates the Child Support Collection Fund (fund).  Any unexpended and unencumbered money that was appropriated to DHS for the implementation of the child support pass-through program will be credited to the fund at the end of the fiscal year.

Ki'i Powell, Colorado Department of Human Services, testified in support of the bill. Larry Desbien, Colorado Department of Human Services, testified in support of the bill. Sara Lipowitz, Colorado Center on Law and Policy, testified in support of the bill. Bob Prevost, Arapahoe County, testified in support of the amended bill.

The witnesses responded to questions from the committee.

Gini Pingenot, Colorado Counties Incorporated, testified about the bill.

Representative Froelich introduced amendment L.001 (Attachment J).

Representative Froelich made closing comments on the bill.

Committee members made closing comments on the bill.