House Committee on Health and Human Services (03/02/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	03/02/2009	ATTENDANCE

Time:	02:38 PM to 05:00 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	*
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:
HB09-1275 SB09-010 SB09-044 HB09-1209		Amended, Referred to Appropriations Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

02:39 PM -- House Bill 09-1275

Representative Apuan presented House Bill 09-1275 which allows the Department of Public Health and Environment to issue provisional certifications for emergency medical technicians (EMTs). He explained to the committee that several EMT positions remain open due to the length of time it takes to process an application. He stated that the bill allows the department to issue a 90-day provisional certification for EMTs from other states. He stated that the EMTs who would qualify for the 90-day provisional certification are typically certified in other states, but must go through Colorado's certification in order to practice in the state. Representative Apuan stated that the certification process can take up to three to four months. He explained that after an EMT is certified, there is additional training period all EMTs must complete before he or she may begin employment. He stated that the bill allows EMTs to begin the additional training while under the provisional certification, and that when the EMTs application for certification is processed, he or she may be able to begin employment as soon as possible. He stated that with the healthcare provider shortage, this bill helps increase healthcare providers in a timely manner.

02:47 PM -- James Mason, Denver Health, testified in support of the bill. He stated that he is an EMT at Denver Health. He stated that the bill aids in the competitiveness of the state to bring in health care providers, specifically EMTs who are in dire need in the state.

02:49 PM -- Jennifer Jones, Clinical Manager, America Medical Response, spoke in support of the bill. She stated that the bill allows individuals to start their training sooner so that when their application is processed, they can begin working immediately. She stated this will put more people to work quicker. She explained that potential hirees cannot be reviewed for hire, nor can they start their training, if they do not meet state certification. She explained that typically, those seeking a 90-day provisional certification, are licensed in another state and are seeking to practice in Colorado.

02:57 PM -- Rosemary Singer, Rural/Metro Ambulance, spoke in support of the bill. She provided a timeline on how long it takes to get a application processed. She stated that the bill would allow an applicant to start working approximately one month earlier.

03:04 PM -- Randy Kuykendall, Chief Emergency and Medical Trauma Services Section, Department of Public Health and Environment, testified in support of the bill. Mr. Kuykendall spoke to the need for the bill.

03:17 PM -- Ralph Vickrey, Colorado State Fire Chiefs Association, spoke in support of the bill.

03:18 PM -- Christy Chase, Office of Legislative Legal Services, responded to questions from the committee.


BILL:	HB09-1275
TIME:	03:20:07 PM
MOVED:	Kefalas
MOTION:	Moved to adopt prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Primavera
		VOTE
	Acree
	Gerou
	Green
	Kefalas
	Kerr J.
	McGihon
	Nikkel	Excused
	Primavera
	Swalm
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

03:23 PM

Representative Acree proposed a conceptual amendment to change the word may to shall on page 2, line 22. There was some discussion regarding whether the change would drive a fiscal note. Representative Riesberg explained that the committee does not accept conceptual amendments. The sponsor agreed to work with Representative Green regarding her concerns over the bill.


BILL:	HB09-1275
TIME:	03:25:36 PM
MOVED:	Kefalas
MOTION:	Moved to refer amended House Bill 09-1275 to the Committee on Appropriations. The motion passed on a 9-0 roll call vote.
SECONDED:	Acree
		VOTE
	Acree	Yes
	Gerou	Yes
	Green	Yes
	Kefalas	Yes
	Kerr J.	Yes
	McGihon	Yes
	Nikkel	Excused
	Primavera	Yes
	Swalm	Yes
	Gagliardi	Yes
	Riesberg	Excused

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:32 PM -- Senate Bill 09-010

Representative Primavera presented Senate Bill 09-010 which changes current law to encourage, rather than require, that a person or entity that acquires an automatic external defibrillator (AED) receive training approved by the Department of Public Health and Environment an that the AED is maintained according to the manufacture's guidance.

Representative Primavera provided a letter from the Colorado Trial Lawyers in support of the bill (Attachment B).

03:35 PM -- Erin Bertolis, American Heart Association, testified in support of the bill.

03:43 PM -- Jennifer Nelson, American Heart Association, and Linda Krikorian, American Red Cross, demonstrated how an AED device is used. Ms. Krikorian stated that the device is very easy to use and self-explanatory.

03:52 PM -- Barb Kloberdanz, American Red Cross, testified in support of the bill. Ms. Kloberdanz concurred with Ms. Krikorian testimony that the device is easy to use.

03:53 PM -- Ralph Vickrey, Colorado State Fire Chiefs Association, spoke in support of the bill.


BILL:	SB09-010
TIME:	03:55:01 PM
MOVED:	Swalm
MOTION:	Moved to adopt prepared amendment L.003 (Attachment C). Motion withdrawn
SECONDED:
		VOTE
	Acree
	Gerou
	Green
	Kefalas
	Kerr J.
	McGihon
	Nikkel	Excused
	Primavera
	Swalm
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-010
TIME:	03:56:06 PM
MOVED:	Primavera
MOTION:	Moved to refer Senate Bill 090-010 to the Committee of the Whole. The motion passed on a 9-0 roll call vote.
SECONDED:	Swalm
		VOTE
	Acree	Yes
	Gerou	Yes
	Green	Yes
	Kefalas	Yes
	Kerr J.	Yes
	McGihon	Yes
	Nikkel	Excused
	Primavera	Yes
	Swalm	Yes
	Gagliardi	Yes
	Riesberg	Excused

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:58 PM -- Senate Bill 09-044

Representative Hullinghorst presented Senate Bill 09-044 which makes changes to the administrative procedures in the Department of Human Services. She stated the bill makes the following changes:

The bill allows a party to file an audio recording in lieu of a written transcript for department reviews of an administrative law judge's decision;
The bill provides the department final action authority for provider appeals;
The bill clarifies and standardizes the rule-making authority of the State Board of Human Services and the executive director of the department throughout the statutes; and
The bill provides that existing rules are valid and enforceable until revised by the board or the executive director as appropriate.

A fact sheet from the Department of Human Services was provided to the committee, as well as a chart of the administrative procedures appeals process (Attachments D and E respectively).

04:08 PM -- Deborah Nelson, Office of Appeals, Department of Human Services, testified in support of the bill. Ms. Nelson stated that the department processes about 2,000 appeals. She stated that the bill creates more consistency in the process. In response to Representative Gerou's question concerning whether the bill is written too narrowly, Ms. Nelson stated that the bill allows the department of have flexibility.

04:13 PM -- Wade Livingston, former Assistant Attorney General assigned to the Department of Human of Services, spoke in support of the bill.


BILL:	SB09-044
TIME:	04:15:11 PM
MOVED:	McGihon
MOTION:	Moved to refer Senate Bill 09-044 to the Committee of the Whole. The motion passed on a 10-0 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	Excused

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:18 PM -- House Bill 09-1209

House Bill 09-1209 was put back on the table. For witness testimony, see committee summary from February 16, 2009. For further action on the bill, see the committee summary from February 19, 2009.


BILL:	HB09-1209
TIME:	04:21:55 PM
MOVED:	Green
MOTION:	Moved to adopt prepared amendment L.008 (Attachment F). Representative Green explained the amendment. The motion passed on a 6-5 roll call vote.
SECONDED:	McGihon
		VOTE
	Acree	No
	Gerou	No
	Green	Yes
	Kefalas	Yes
	Kerr J.	No
	McGihon	Yes
	Nikkel	No
	Primavera	Yes
	Swalm	No
	Gagliardi	Yes
	Riesberg	Yes

Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1209
TIME:	04:24:06 PM
MOVED:	Green
MOTION:	Moved to adopt prepared amendment L.009 (Attachment G). Representative Green explained the amendment. The committee asked the drafter, Christy Chase, Office of Legal Services, to explain the bill. Christy Chase spoke to previously adopted amendments L.001 and L.004. These amendments were adopted February 16, 2009 (Attachments H and I). Ms. Chase explained amendments L.008 and L.009 (Attachments G and F respectively). There was discussion regarding the effects of the amendment on the bill. Some committee members expressed concern with the bill as amended. 04:48 PM - The committee took a brief recess. 04:54 PM - The motion passed on a 6-5 roll call vote.
SECONDED:	McGihon
		VOTE
	Acree	No
	Gerou	No
	Green	Yes
	Kefalas	Yes
	Kerr J.	No
	McGihon	Yes
	Nikkel	No
	Primavera	Yes
	Swalm	No
	Gagliardi	Yes
	Riesberg	Yes

Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1209
TIME:	04:54:00 PM
MOVED:	Green
MOTION:	Moved to refer amended House Bill 09-1209 the Committee of the Whole. The motion passed on a 6-5 roll call vote.
SECONDED:	McGihon
		VOTE
	Acree	No
	Gerou	No
	Green	Yes
	Kefalas	Yes
	Kerr J.	No
	McGihon	Yes
	Nikkel	No
	Primavera	Yes
	Swalm	No
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:00 PM

The committee adjourned.