Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:02/16/2009
ATTENDANCE
Time:01:34 PM to 05:56 PM
Acree
X
Gerou
X
Place:LSB A
Green
X
Kefalas
X
This Meeting was called to order by
Kerr J.
X
Representative Riesberg
McGihon
*
Nikkel
X
This Report was prepared by
Primavera
X
Kelly Stapleton
Swalm
X
Gagliardi
X
Riesberg
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
JBC Briefing
HB09-1211
HB09-1209
HB09-1237		-
Postponed Indefinitely
Committee Vote - Tie Vote
Amended, Referred to Appropriations


01:34 PM -- Joint Budget Committee Briefing

Representative Ferrandino presented information to the committee regarding supplementals request for the FY 2008-09 budget. He stated that he will provide an overview on the Department of Health Care Policy and Financing, the Department of Human Services, and the Department of Public Health and Environment.

Department of Health Care Policy and Financing. Representative Ferrandino detailed the proposed budget cuts for the Department of Health Care Policy Financing. Representative Ferrandino spoke to the potential increase in the Federal Medicaid Assistance Payment (FMAP) which describes the percentage of funding between the state and the federal government. There was some discussion regarding the potential FMAP increase and its effect on the Medicaid program in Colorado. There was discussion regarding the timing of the federal stimulus package and when the state may receive federal funds.


01:51 PM

Representative Ferrandino stated that Senate Bill 08-160 expanded the eligibility level for participants in the Children's Basic Health Plan (CHP+) up to 225 percent of the federal poverty level. He stated that the expansion was contingent upon funding. Due to the economic situation in the state, he state that the eligibility level will be decreased back to the original percentage of 205 percent of the federal poverty level. He also noted that more people will qualify for Medicaid given the state financial situation. There was some discussion regarding the reduction in payments to Medicaid providers. Representative McGihon expressed that the Joint Budget Committee needs to find a different solution than cutting reimbursement rates. Representative Ferrandino stated that the committee will have the opportunity to weigh in on the topic and should speak up when the supplemental requests come through.




02:10 PM

Department of Human Services. Representative Ferrandino explained the proposed budget cuts to the Department of Human Services. There was some discussion regarding the cuts to various divisions within the department.


02:26 PM

Department of Public Health and Environment. Representative Ferrandino explained the proposed budget cuts to the Department of Public Health and Environment.


02:32 PM

Representative Ferrandino spoke to bills that will be introduced by the Joint Budget Committee with regard to supplemental request for the budget for FY 2008-09. These include the following:

Department of Health Care Policy and Financing:

SB 132 - This bill repeals the Colorado Cares Rx program.
SB 209 - This bill allows for inmates to stay on Medicaid, but temporarily halts benefits received by inmates.
SB 210 - This bill moves some of the tobacco settlement dollars ($1.5 million) to the General Fund to fund medical programs.
SB 211 - This bill repeals the bill that increased the eligibility for the CHP+ program.

Department of Human Services
SB 207 - This bill delays the implementation of the Child Welfare Pilot Program.
SB 206 - This bill repeals the Wait List Navigator Program.

Representative Ferrandino spoke to the bill that will encompass all the supplemental changes and transfers. There was some discussion regarding whether the state is legally required to pay back any funds that are pulled from cash funds accounts.


02:42 PM

The committee took a brief recess.


02:48 PM -- House Bill 09-1211

Representative B. Gardner presented House Bill 09-1211 which allows Community Centered Boards (CCBs) that serve persons with developmental disabilities to be exempted from certain state laws governing their operations with approval from the state Board of Human Services. Committee members expressed concern that the bill gives oversight solely to the Executive Director within the Division of Developmental Disabilities and removes any authority that the General Assembly may have over the Division for Developmental Disabilities (DDD).








03:01 PM -- John Meeker, CCB Partners, testified in support of the bill. Mr. Meeker provided an example of the type of exemption that the bill allows.

03:07 PM -- Sharon Jacksi, representing Colorado Department of Human Services, Division for Developmental Disabilities, testified on the bill. She spoke to a task force which has been meeting and is very close to issuing several recommendations for the division. She stated that the recommendations will not be ready prior to this legislative session's closure. She stated that the department has concerns about the bill. She stated that the department looks forward to further discussions with the bill sponsor.

03:11 PM -- Randy Chapman, Legal Services Director, The Legal Center for People with Developmental Disabilities, spoke in opposition to the bill.

03:14 PM -- Aileen McGinley, Arc of Denver, spoke in opposition to the bill. Ms. McGinley concurred with Mr. Chapman's testimony. She pointed out that board membership make-up changes over time and that the General Assembly is a more appropriate oversight body.

03:16 PM -- Sheryle Hutter, Colorado Cross Disability Coalition, Parent of Disabled Children, and the Developmental Disability Council, testified in opposition to the bill. She stated that the organizations she represents have serious concerns with the bill.

03:18 PM -- Carrie Bartlett, Human Rights Committee and mental health provider for the developmentally disabled, testified in opposition to the bill. She presented an example that could be removed from the statute if the bill were to pass that could be very detrimental to the people receiving services.

03:23 PM -- Teddi Roberts, The Arc of Colorado Springs, testified in opposition to the bill. She expressed her concern regarding the consequences of the bill. She stated that she concurred vehemently with Ms. Bartlett's testimony.

03:25 PM -- Linda Skaflin, The Arc of Adams County and the Arc Plan, spoke in opposition to the bill. She stated that there was nothing that could be exempted at this time that would be a benefit to the community.

03:30 PM -- Stephanie Garcia, The Arc of Pueblo, spoke in opposition to the bill. She stated that one way to be more efficient would be to reduce the salaries of the executive directors in various community centered boards.


03:34 PM

Representative B. Gardner spoke to the intent of the bill. Jane Ritter, Office of Legal Services, explained amendments L.001 and L.002 (Attachments A and B respectively). Representative B. Gardner explained that both of the amendments were brought forth by the department and aim at reducing any unintended negative effects on the rights of the developmentally disabled.

09HouseHHS0216AttachA.pdf 09HouseHHS0216AttachB.pdf








BILL:HB09-1211
TIME: 03:52:32 PM
MOVED:Gerou
MOTION:Moved to adopt prepared amendment L.001 (Attachment A). The motion passed on a 8-2 roll call vote.
SECONDED:Kerr J.
VOTE
Acree
Yes
Gerou
Yes
Green
No
Kefalas
Excused
Kerr J.
Yes
McGihon
Yes
Nikkel
Yes
Primavera
Yes
Swalm
Yes
Gagliardi
No
Riesberg
Yes
Not Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:HB09-1211
TIME: 03:54:03 PM
MOVED:Gerou
MOTION:Moved to adopt prepared amendment L.002 (Attachment B). The motion passed without objection
SECONDED:Swalm
VOTE
Acree
Gerou
Green
Kefalas
Kerr J.
McGihon
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection






03:54 PM

Representative B. Gardner suggested that the bill move forward to appropriations and have some more time for discussion. He stated that each group asks for change and improvement, but that most of the groups cannot come to an agreement. Several members commented on the bill and suggested that he should wait for the recommendations from the task force.
BILL:HB09-1211
TIME: 03:56:11 PM
MOVED:Gerou
MOTION:Moved to refer House Bill 09-1211 to the Committee on Appropriations. The motion failed on a 5-5 roll call vote.
SECONDED:Swalm
VOTE
Acree
No
Gerou
Yes
Green
No
Kefalas
Excused
Kerr J.
Yes
McGihon
No
Nikkel
Yes
Primavera
No
Swalm
Yes
Gagliardi
No
Riesberg
Yes
Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE
BILL:HB09-1211
TIME: 03:59:54 PM
MOVED:McGihon
MOTION:Moved to postpone House Bill 09-1211 indefinitely. The motion passed on a 6-4 roll call vote.
SECONDED:Primavera
VOTE
Acree
Yes
Gerou
No
Green
Yes
Kefalas
Excused
Kerr J.
No
McGihon
Yes
Nikkel
No
Primavera
Yes
Swalm
No
Gagliardi
Yes
Riesberg
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:01 PM

The committee took a brief recess.
BILL:HB09-1211
TIME: 03:59:54 PM
MOVED:McGihon
MOTION:Moved to postpone House Bill 09-1211 indefinitely. The motion passed on a 6-4 roll call vote.
SECONDED:Primavera
VOTE
Acree
Yes
Gerou
No
Green
Yes
Kefalas
Excused
Kerr J.
No
McGihon
Yes
Nikkel
No
Primavera
Yes
Swalm
No
Gagliardi
Yes
Riesberg
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:08 PM -- House Bill 09-1209

Representative Green presented House Bill 09-1209 which modifies statutory provisions governing health care coverage cooperatives. Representative Green spoke to the modifications in the bill which would effect cooperatives. She also spoke to amendment L.001 and L.004 and their effects on the bill (Attachments C and D respectively). Representative Green spoke to the intent of the bill. There was some discussion regarding the need for the bill.

09HouseHHS0216AttachC.pdf 09HouseHHS0216AttachD.pdf

04:29 PM -- Ben Price, Executive Director, Colorado Association of Health Plans, testified in opposition to the bill. He stated he is concerned that the bill will hurt the small group health insurance market. Several questions were asked of the witness.

04:35 PM -- Patrick Boyle, Colorado Group Insurance Association (CGIA), testified in opposition to the bill. He asked the question whether these cooperatives will be subject to the small group market mandates. He commented that no cooperative has ever been formed. He stated that the bill add an additional administrative cost to the state without reaping any of the benefits. Mr. Boyle commented on the health insurance market at the time legislation authorizing health care coverage cooperatives passed.




04:49 PM

Representative Green provided concluding remarks regarding the bill. She stated that she believes there is a place for cooperatives in the small group market. She stated that the bill will require health insurers to give health care cooperatives quotes for coverage.
BILL:HB09-1209
TIME: 04:51:58 PM
MOVED:Green
MOTION:Moved to adopt prepared amendment L.001 (Attachment C). The motion passed without objections.
SECONDED:McGihon
VOTE
Acree
Gerou
Green
Kefalas
Kerr J.
McGihon
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1209
TIME: 04:52:33 PM
MOVED:Green
MOTION:Moved to adopt prepared amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:McGihon
VOTE
Acree
Gerou
Green
Kefalas
Kerr J.
McGihon
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



04:54 PM

Committee members commented on the bill.
BILL:HB09-1209
TIME: 04:55:02 PM
MOVED:Green
MOTION:Moved to refer House Bill 09-1209 to the Committee of the Whole. The motion failed on a 5-5 roll call vote.
SECONDED:McGihon
VOTE
Acree
No
Gerou
No
Green
Yes
Kefalas
Excused
Kerr J.
No
McGihon
Yes
Nikkel
No
Primavera
Yes
Swalm
No
Gagliardi
Yes
Riesberg
Yes
Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE
BILL:HB09-1209
TIME: 04:56:10 PM
MOVED:Gerou
MOTION:Moved to postpone amended House Bill 09-1209 indefinitely. The motion fails on a 4-6 roll call vote.
SECONDED:Swalm
VOTE
Acree
Yes
Gerou
Yes
Green
No
Kefalas
Excused
Kerr J.
Yes
McGihon
No
Nikkel
No
Primavera
No
Swalm
Yes
Gagliardi
No
Riesberg
No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


04:57 PM -- House Bill 09-1237

Representative Primavera presented House Bill 09-1237 which modifies the statutes that coordinate coordinates payments between state and federal funds and private health insurance plans for early intervention services for children from birth to three years of age with developmental delays. Representative Primavera provided an example of how the payment between the state and federal funds currently exist. She then explained how these payments would be different under the bill stating that the bill, while complicated, makes the payment system easier on all parties involved.

05:04 PM -- Betty Lehman, Chair, Colorado Autism Commission, spoke in support of the bill. She spoke about the Colorado Autism Commission which was established to create a 10 year plan for those with autism. She stated that the coordinated system of payment is one of the recommendations that the Autism Commission supports. Ms. Lehman provided a handout to the committee (Attachment E).

09HouseHHS0216AttachE.pdf

05:06 PM -- John Miles, Division of Developmental Disabilities, Department of Human Services, spoke in support of the bill. Mr. Miles spoke to the handout which is a comparison between the bill and current law. There was some discussion with the witness regarding the mechanics of the bill.

05:34 PM -- Jan Rasmussen, Director of Family Services, Imagine, testified in support of the bill. Ms. Rasmussen stated that the community centered boards have been working diligently to make sure that this legislation would be implemented properly. Ms. Rasmussen noted that it is much easier to process invoices that go through the trust fund.

05:37 PM -- Christy Blakely, Family Voices, testified in support of the bill.

05:42 PM -- Ben Price, Colorado Association of Health Plans, testified in support of the bill with amendments.























BILL:HB09-1237
TIME: 05:45:11 PM
MOVED:Primavera
MOTION:Moved to adopt prepared amendment L.001 (Attachment F). John Miles, Division of Developmental Disabilities, explained the amendment. The motion passed without objection.

09HouseHHS0216AttachF.pdf
SECONDED:Gagliardi
VOTE
Acree
Gerou
Green
Kefalas
Kerr J.
McGihon
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


























BILL:HB09-1237
TIME: 05:51:10 PM
MOVED:Primavera
MOTION:Moved to adopt prepared amendment L.002 (Attachment G). The motion passed without objection.

09HouseHHS0216AttachG.pdf
SECONDED:Gagliardi
VOTE
Acree
Gerou
Green
Kefalas
Kerr J.
McGihon
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



























BILL:HB09-1237
TIME: 05:52:12 PM
MOVED:Primavera
MOTION:Moved to refer amended House Bill 09-1237 to the Committee on Appropriations. The motion passed on a 11-0 roll call vote.
SECONDED:Green
VOTE
Acree
Yes
Gerou
Yes
Green
Yes
Kefalas
Yes
Kerr J.
Yes
McGihon
Yes
Nikkel
Yes
Primavera
Yes
Swalm
Yes
Gagliardi
Yes
Riesberg
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:56 PM

The committee adjourned.