Senate Committee on Health and Human Services (01/21/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	01/21/2009	ATTENDANCE

Time:	09:32 AM to 11:26 AM	Carroll M.	X
		Lundberg	X
Place:	SCR 356	Mitchell	*
		Morse	*
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:
SB09-005 SB09-010 SB09-053		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

09:34 AM -- Senate Bill 09-005

Senator Boyd announced that, upon the request of Senator Spence, the committee would hear Senate Bill 09-005 prior to Senate Bill 09-010. Senator Spence introduced Senate Bill 09-005. Senate Bill 09-005 makes changes to the Colorado Traumatic Brain Injury (TBI) Program. The TBI program provides services to adults and children with TBI in Colorado. The program is funded by surcharges assessed on speeding and driving while intoxicated or under the influence violations. Specifically, the bill expands the definition of TBI to include blast injuries, like those experienced by active military service members, makes changes to the appointment of members to the TBI Trust Fund Board, and removes the repeal date for the program. She distributed three amendments to the committee L.001, L.002, and L.003 (Attachments A through C). A fact sheet concerning the program was distributed to the committee (Attachment D). She responded to questions from Senator Schultheis regarding the composition of the TBI Trust Fund Board and the causes of traumatic brain injuries. Senator Mitchell commented on the bill's changes to the membership requirements of the board.

09:44 AM -- Nancy Smith, Colorado Department of Human Services, stated that the bill is important for the program, and that it is the desire of the Department of Human Services to make the Traumatic Brain Injury Program more efficient. She stated that the changes to the board's membership will make it possible for more people to participate. She described common causes of traumatic brain injuries, noting that the number of such injuries caused by blasts are increasing as military personnel are returning to Colorado from their service overseas. Senator Lundberg commented on the increase in TBIs caused during military activity. Ms. Smith responded to questions from Senator Lundberg regarding the increase in TBIs from military activity, stating that the data showing the increase is recent data from the federal government. She clarified that the program does not serve all veterans, but that some veterans may need services as they age. Senator Lundberg commented on possible amendments to the bill.

09:56 AM -- Kenneth Hosack, Chairman of the Colorado Trust Fund Board, described the Colorado Trust Fund Board. Senator Mitchell asked for information about services for returning military personnel with TBIs, and whether this care should be the responsibility of the federal government. Mr. Hosack responded, noting that the trust fund current serves about 500 persons, 23 of whom are former military members. He stated that those individuals are eligible for services because they are residents of Colorado who have suffered a TBI. He described the waiting list for services. He stated that about 50 to 60 percent of brain injuries are caused by auto accidents. Senator Lundberg re-emphasized his believe that care for military personnel with brain injuries should be the responsibility of the federal government. He discussed a possible amendment to the program that would narrow the scope of the program. Senator Carroll commented on the complexity of the care system for military personnel and veterans, stating that referral services can be important to navigate the system. Senator Morse commented on the bill and services for veterans and military personnel.

10:15 AM -- Bill Levis, President of the Brain Injury Association of Colorado, testified in support of the bill. He responded to comments from Senator Lundberg regarding data on brain injuries among military personnel, stating about 20 percent of the soldiers returning to Fort Carson have suffered at least a minor traumatic brain injury. He noted that national guard troupes are also used in the wars in Afghanistan and Iraq, and that the state has a responsibility to care for members of the military and their families. He emphasized that the program is supplemental to other forms of insurance coverage, noting that the program offers each enrolled person a $2,000 stipend for care. He noted that the program also supports research, which will assist all persons with brain injuries. He responded to comments from Senator Lundberg regarding a possible amendment to ensure that the federal government is responsible for care for returning military personnel. Senator Spence commented on a potential amendment to the bill regarding the scope of the program and services for military personnel.

10:23 AM

Senator Spence gave concluding remarks regarding the bill.


BILL:	SB09-005
TIME:	10:23:48 AM
MOVED:	Boyd
MOTION:	Adopt prepared amendment L.001 (Attachment A). 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:	SB09-005
TIME:	10:25:11 AM
MOVED:	Boyd
MOTION:	Adopt prepared amendment L.002 (Attachment B). 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:	SB09-005
TIME:	10:26:05 AM
MOVED:	Boyd
MOTION:	Adopt prepared amendment L.003 (Attachment C). 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:	SB09-005
TIME:	10:27:44 AM
MOVED:	Schultheis
MOTION:	Strike the safety clause and insert an effective date clause. The motion failed on a 3-5 roll call vote.
SECONDED:
		VOTE
	Carroll M.	No
	Lundberg	Yes
	Mitchell	Yes
	Morse	No
	Newell	No
	Schultheis	Yes
	Tochtrop	No
	Boyd	No

Not Final YES: 3 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-005
TIME:	10:30:36 AM
MOVED:	Morse
MOTION:	Amend page 4, line 22, strike "PERSONS" and substitute "CIVILIAN OR MILITARY PERSONS"; line 23, strike "A PERSON" and substitute "SUCH PERSONS". 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:	SB09-005
TIME:	10:37:03 AM
MOVED:	Boyd
MOTION:	Refer Senate Bill 09-005, as amended, to the Committee of the Whole. The motion passed on an 8-0 roll call vote.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	Yes
	Mitchell	Yes
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:41 AM -- Senate Bill 09-010

Senator Spence introduced Senate Bill 09-010, which concerns the use of automated external defibrillators (AEDs). She distributed amendment L.001 (Attachment E) to the committee. She stated that the bill deletes certain staffing and reporting requirements of a person or entity that acquires an AED. She noted that amendment L.001 addresses concerns related to the removal of that language.

10:45 AM -- Jennifer Nelson, American Heart Association, demonstrated the use of an AED. She described how AEDs work.

10:50 AM -- Erin Bertoli, American Heart Association, described statistics associated with sudden cardiac arrest. She stated that although all states have passed legislation related to immunity for the use AEDs, use of AEDs does not appear to be increasing. She stated that AEDs are life saving devices that should be widely available.

10:52 AM -- Natalie Brown, Colorado Trial Lawyers Association, testified in support of the bill as amendment by L.001 (Attachment E). Amendment L.001 specifies that the person or entity for the site where the AED is located shall receive immunity from liability only if they have complied with certain provisions regarding the testing and maintenance of the AED. She that AEDs should be widely available, but that the machines should be held to certain testing and maintenance requirements. She responded to questions from Senator Mitchell regarding the immunity protections provided by the statute. Senator Mitchell further questioned whether the amendment's provisions would discourage use of AEDs. Ms. Brown responded that when AEDs are more widely used, standards need to be in place regarding the maintenance of the devices.

11:01 AM -- Ms. Nelson returned to the table to respond to questions regarding the number of manufacturers of AEDs.

11:02 AM -- Senator Spence responded to questions from Senator Newell on lawsuits regarding the use of AEDs. Ms. Nelson further responded to questions from Senator Tochtrop regarding the use of AEDs. Senator Spence commented on the use of AEDs in schools. Senator Newell asked if the liability was greater for facilities that do not have AEDs than those who do.

11:08 AM

Senator Carroll moved amendment L.001 (Attachment E). Ms. Brown explained the provisions of amendment L.001, explaining that the amendment creates an exception to the immunity protections provided for the use of AEDs, stating that the immunity provisions granted to facilities and individuals will depend on their compliance with certain testing and maintenance activities. Senator Carroll responded to comments from Senator Mitchell regarding the language affected by the bill. Ms. Brown further clarified the language of the amendment. Senator Mitchell commented on the amendment stating his belief that immunity from liability should also be extended to the business or school that owns the AED in addition to the individual who uses the AED. Senator Schultheis commented on the amendment. He asked Senator Boyd to rule on whether the amendment fits under the title of the bill. Senator Boyd ruled that the amendment could be offered. Senator Mitchell asked that Senator Boyd reconsider her ruling, and Senator Boyd stated that her ruling would stand. Ms. Brown responded to questions from Senator Newell regarding the amendment.


BILL:	SB09-010
TIME:	11:14:21 AM
MOVED:	Carroll M.
MOTION:	Adopt prepared amendment L.001. The motion failed on a 4-4 roll call vote.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	No
	Mitchell	No
	Morse	Yes
	Newell	No
	Schultheis	No
	Tochtrop	Yes
	Boyd	Yes

Not Final YES: 4 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-010
TIME:	11:20:52 AM
MOVED:	Boyd
MOTION:	Refer Senate Bill 09-010 to the Committee of the Whole. The motion passed on a 7-1 roll call vote.
SECONDED:
		VOTE
	Carroll M.	No
	Lundberg	Yes
	Mitchell	Yes
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:23 AM -- Senate Bill 09-053

Senator Tochtrop introduced Senate Bill 09-053. The bill allows an applicant for public assistance to retain his or her right to support arrearages that accrued prior to the applicant's date of eligibility for public assistance. She explained the bill was necessary to comply with federal law. An amendment L.001 (Attachment F) and a fact sheet concerning the bill (Attachment G) were distributed to the committee.

11:24 AM -- Emily Kreutz Maxfield, Department of Human Services, offered to respond to committee questions.


BILL:	SB09-053
TIME:	11:25:03 AM
MOVED:	Tochtrop
MOTION:	Adopt prepared amendment L.001 (Attachment F). 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:	SB09-053
TIME:	11:25:47 AM
MOVED:	Tochtrop
MOTION:	Refer Senate Bill 09-053, as amended, to the Committee of the Whole. The motion passed on an 8-0 roll call vote.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	Yes
	Mitchell	Yes
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:26 AM

The committee recessed.