Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:04/15/2009
ATTENDANCE
Time:10:47 AM to 01:06 PM
Carroll M.
X
Lundberg
X
Place:SCR 356
Mitchell
X
Morse
X
This Meeting was called to order by
Newell
X
Senator Boyd
Schultheis
X
Tochtrop
X
This Report was prepared by
Boyd
X
Elizabeth Burger
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1196
HB09-1314
HB09-1119
HB09-1282
Amended, Referred to Appropriations
Postponed Indefinitely
Amended, Referred to Appropriations
Amended, Referred to Appropriations


10:48 AM -- House Bill 09-1196

Senator Boyd introduced House Bill 09-1196. The bill allows the moneys in the Nursing Home Penalty Cash Fund to be used for measures that improve the quality of life for residents in nursing facilities. The amount that can be used from the fund is capped at $200,000 in FY 2009-10, and at 25 percent of the moneys deposited in the fund in future years. Three handouts concerning the bill (Attachments A through C) and an amendment, L.004 (Attachment D), were distributed to the committee. Senator Boyd responded to questions from Senator Lundberg regarding the use of the funds in the Nursing Home Penalty Cash Fund.

09SenateHHS0415AttachA.pdf 09SenateHHS0415AttachB.pdf

09SenateHHS0415AttachC.pdf 09SenateHHS0415AttachD.pdf

10:57 AM --
Penny Cook, representing the Ombudsman Program, Denver Regional Council of Governments, testified that consumers need information about culture change in nursing homes. Ms. Cook responded to questions from Senator Schultheis regarding choices of nursing home residents.










11:00 AM --
Beth Irtz, representing Colorado Culture Change Coalition, testified that resident-centered care is about allowing elders the opportunity to make their own choices. She stated that the bill will provide funding for training about culture change. She described how the money in the Nursing Home Penalty Cash Fund will be used for culture change activities. She responded to questions from Senator Lundberg regarding whether the funds will be directed to the Colorado Culture Change Coalition. Senator Boyd further responded to questions from Senator Lundberg regarding whether the bill will eventually result in a need for additional state funding and employees.


11:13 AM

Senator Boyd gave concluding remarks regarding the bill. An additional handout concerning the bill was distributed to the committee (Attachment E).

09SenateHHS0415AttachE.pdf
BILL:HB09-1196
TIME: 11:13:28 AM
MOVED:Boyd
MOTION:Adopt prepared amendment L.004 (Attachment D). The motion passed on a 5-3 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
No
Mitchell
No
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Not Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

















BILL:HB09-1196
TIME: 11:14:57 AM
MOVED:Boyd
MOTION:Refer House Bill 09-1196, as amended, to the Committee on Appropriations. The motion passed on a 6-2 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
No
Mitchell
Yes
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Final YES: 6 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


11:15 AM -- House Bill 09-1314

Senator Sandoval introduced House Bill 09-1314. The bill allows day treatment centers to use locked doors in specific, defined situations. She described the services provided by day treatment centers. She responded to questions from Senator Schultheis.

11:18 AM --
Annie Green, Deputy Director, Laradon Hall, explained the services provided by Laradon Hall. She explained that the facility was previously permitted to use locked quiet rooms as part of its day treatment program. In 2008, the Department of Human Services informed Laradon Hall that they wouldn't be permitted to use locked quiet rooms. She stated that since the use of locked rooms was ended, behavioral incidents involving children have increased. She responded to questions from Senator Carroll regarding Laradon Hall's need for locked quiet rooms. She responded to additional questions from Senator Tochtrop regarding how long children remain in locked quiet rooms.

11:35 AM --
Dr. Johanna Wohl, Assistant Director of Children's Services, Laradon Hall, testified that once locked quiet rooms were removed as an option, physical interventions with children increased. She stated that the facility is concerned that children's safety is being compromised through the increased use of physical interventions. She relayed data regarding the use of various interventions at Laradon Hall and described the population served by Laradon Hall. She responded to questions from Senator Carroll regarding other interventions that are used prior to physical or isolation interventions.













11:59 AM

Senator Sandoval gave concluding remarks regarding the bill.
BILL:HB09-1314
TIME: 12:02:29 PM
MOVED:Boyd
MOTION:Refer House Bill 09-1314 to the Committee of the Whole. The motion failed on a 4-4 roll call vote.
SECONDED:
VOTE
Carroll M.
No
Lundberg
Yes
Mitchell
No
Morse
No
Newell
No
Schultheis
Yes
Tochtrop
Yes
Boyd
Yes
Not Final YES: 4 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HB09-1314
TIME: 12:07:50 PM
MOVED:Morse
MOTION:Postpone indefinitely House Bill 09-1314. The motion passed on a 5-3 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
No
Mitchell
Yes
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
No
Boyd
Yes
Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS












12:08 PM -- House Bill 09-1282

Senator Schwartz introduced House Bill 09-1282. The bill creates the Electronic Device Recycling Task Force to discuss ways to increase diversion rates for electronic devices, promote nontoxic electronic design, create jobs in connection with recycling electronic waste, and build on the existing infrastructure that diverts electronic waste. She distributed amendment L.004 (Attachment F) and a fact sheet concerning the bill (Attachment G) to the committee .

12:17 PM --
Mike Wright, representing Guaranteed Recycling Experts, testified that several states have passed legislation relating to electronics device recycling, but that there have been some unintended consequences with that legislation. He responded to questions from Senator Boyd regarding the size of the task force. Mr. Wright responded to additional questions from Senator Tochtrop regarding whether the bill will create additional jobs. He responded to additional questions from Senator Lundberg regarding whether there are currently bans on the disposal of electronic devices in landfills.

12:32 PM --
Dan Matsch, representing Eco-Cycle, testified that vetting issues through a task force will allow for the creation of legislation on electronics device recycling. He stated that in a year, more information will be available about what works and what doesn't. He responded to committee comments regarding the size of the task force.

12:36 PM --
Marjorie Griek, representing the Colorado Association for Recycling, distributed a letter of support for the bill (Attachment H). She responded to previous committee questions regarding the task force's charge to study a ban on electronic waste in landfills. She responded to questions from Senator Newell.


12:40 PM

Senator Schwartz gave concluding remarks regarding the bill. The bill was laid over.


12:42 PM -- House Bill 09-1119

Senator Schwartz introduced House Bill 09-1119. The bill creates the Rural Youth Alcohol and Substance Abuse Prevention and Treatment Program in the Department of Human Services. The program will provide prevention and treatment services to children ages 8 to 17 who live in rural areas. She distributed an amendment L.010 to the committee (Attachment I).

09SenateHHS0415AttachI.pdf

12:45 PM --
Frank Mestas, County Commissioner of Alamosa County, and representing himself, testified that substance abuse treatment saves lives and creates an alternative to jails.












12:48 PM --
Camille Mestas, representing Crossroads, testified regarding her experiences with substance abuse.

12:53 PM --
Michelle Lopez, representing Crossroads, testified regarding her experiences with substance abuse.

12:55 PM --
Chris Habgood, representing the Colorado Department of Human Services, Division of Behavioral Health, testified regarding changes to the bill that were made in the House of Representatives. He stated that the bill will utilize existing contracting mechanisms.

12:57 PM --
Mark Randall, representing the Colorado District Attorneys Council, testified in support of the bill. He testified that treatment programs help reduce recidivism.


12:58 PM

Senator Schwartz gave concluding remarks regarding the bill. She distributed a handout showing the population of counties in Colorado and a letter of support for the bill (Attachments J and K).

09SenateHHS0415AttachJ.pdf 09SenateHHS0415AttachK.pdf
BILL:HB09-1119
TIME: 01:00:14 PM
MOVED:Tochtrop
MOTION:Adopt prepared amendment L.010 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Carroll M.
Lundberg
Mitchell
Morse
Newell
Schultheis
Tochtrop
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection











BILL:HB09-1119
TIME: 01:00:30 PM
MOVED:Tochtrop
MOTION:Refer House Bill 09-1119, as amended, to the Committee on Appropriations. The motion passed on a 5-3 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
No
Mitchell
No
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:01 PM -- House Bill 09-1282

House Bill 09-1282 was put on the table for action.
BILL:HB09-1282
TIME: 01:01:19 PM
MOVED:Boyd
MOTION:Adopt prepared amendment L.004 (Attachment F). The motion passed without objection.

09SenateHHS0415AttachF.pdf
SECONDED:
VOTE
Carroll M.
Lundberg
Mitchell
Morse
Newell
Schultheis
Tochtrop
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





BILL:HB09-1282
TIME: 01:03:29 PM
MOVED:Boyd
MOTION:Refer House Bill 09-1282, as amended, to the Committee on Appropriations. The motion passed on a 5-3 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
No
Mitchell
No
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:05 PM

The committee recessed.