s_hhs_2016a_2016-03-30t11:29:01z0 Hearing Summary

Date: 03/30/2016

11:29 AM -- HB 16-1063



Senator Scheffel, co-prime bill sponsor, presented House Bill 16-1063, and provided two handouts to the committee (Attachments A and B). The reengrossed bill provides an exception for certain mental health professionals related to the prohibition against disclosing confidential client communications. Under the bill, a specified mental health professional may make a disclosure if his or her client makes an articulable and significant threat to a school or its occupants or exhibits behavior that the professional deems to jeopardize the safety of students, teachers, administrators, or other school personnel. Disclosures may only be made to appropriate school and school district personnel or law enforcement agencies. Information provided to school and school district personnel must remain confidential, regardless of whether the information constitutes an educational record subject to the federal Family Educational Rights and Privacy Act (FERPA). The bill provides immunity from civil actions concerning such disclosures and clarifies that the bill does not impact any statutory duties to warn and protect others. Within 30 days of the bill's passage, the Department of Human Services is directed to apply for an exception to the federal Health Insurance Portability and Accountability Act (HIPAA) in order to implement the bill, and to notify the Revisor of Statutes of its decision.



160330 AttachA.pdf160330 AttachB.pdf



11:34 AM



Senator Cadman, co-prime bill sponsor, came to the table and commented on the intent of the bill.



11:36 AM -- Matthew Holmeister, St. Vrain Valley School District, testified in support of the bill. He discussed the provisions of the HIPAA and FERPA that are impacted by the bill. Mr. Holmeister responded to committee questions.





11:44 AM -- Nick Thompson, St. Vrain School District, testified in support of the bill. Mr. Thompson responded to questions.



11:50 AM -- Debbie Lammers, St. Vrain Valley School District, testified in support of the bill.



11:55 AM -- Jennifer Anderson, Office of the Attorney General, testified in support of the bill. Ms. Anderson responded to questions from the committee.



11:57 AM -- Chris Johnson, County Sheriffs of Colorado, spoke in support of the bill.



11:58 AM -- Jeff Zayach, Boulder County Public Health and the Colorado Association of Local Public Health Officials, spoke in support of the bill.



12:01 PM -- Jason Germain, Douglas County School District, spoke in support of the bill.



12:04 PM



Senator Cadman made closing comments. Senator Scheffel made closing comments.



12:09 PM



Committee members commented on the bill.