Date: 02/11/2009

Final
BILL SUMMARY for SB09-169

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt prepared amendment L.001 (Attachment F). Th
Refer Senate Bill 09-169, as amended, to the Commi		PASS
PASS



12:34 PM -- Senate Bill 09-169

Sen Tochtrop introduced Senate Bill 09-169. The bill implements the recommendations of DORA's sunset review on the licensing program for nursing home administrators. Specifically, the bill continues the Board of Examiners of Nursing Home Administrators through July 1, 2018. In addition, the bill allows the board to impose fines when a licensee or temporary license holder commits an act constituting grounds for discipline. Senator Tochtrop distributed amendment L.001 (Attachment F).

09SenateHHS0211AttachF.pdf

12:35 PM -- Arlene Miles, Colorado Health Care Association, testified that it is a federal requirement that nursing home administrators be licensed. She spoke in opposition to the portion of the bill that allows fines to be assessed against nursing home administrators. She stated that if there is action taken by the board against the administrator, the administrator does not have much of an opportunity to defend himself or herself. She testified that there are significant safeguards in place for the public, and that there already are a number of "hammers" to address issues of compliance. She asked that the fining authority be stricken from the bill. She responded to questions from Senator Lundberg regarding whether a gap exists in the range of penalties that can be assessed against a nursing home administrators. Ms. Miles noted that the facility can already be fined by the State Board of Health. Senator Carroll commented on the due process provided to nursing home administrators before a fine is assessed. Ms. Miles responded to Senator Carroll's comments, stating that the state should do more to positively support nursing home administrators.

12:51 PM -- Susan Miller, Department of Regulatory Agencies, testified in support of the bill. She responded to Ms. Miles' comments, stating that when complaints are filed, the individuals receive notice of the complaint and have a right to a hearing before an administrative law judge. She stated that nursing home administrators are not treated differently than any other professions regulated by DORA, and that other professions are subject to fines for violations. She described the rule making process that would be used to create the rules relating to the use of fines. She stated that the issue is one of personal responsibility for the nursing home administrator, and that assessment of fines is appropriate if the nursing home administrators don't live up to the standards of the profession.


12:56 PM

Senator Tochtrop gave concluding remarks regarding the bill. She explained that amendment L.001 (Attachment F) removes authority of the board to assess fines.
BILL:SB09-169
TIME: 12:56:59 PM
MOVED:Tochtrop
MOTION:Adopt prepared amendment L.001 (Attachment F). The motion passed on a 5-3 roll call vote.
SECONDED:
VOTE
Carroll M.
No
Lundberg
Yes
Mitchell
Yes
Morse
No
Newell
No
Schultheis
Yes
Tochtrop
Yes
Boyd
Yes
Not Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB09-169
TIME: 12:58:02 PM
MOVED:Tochtrop
MOTION:Refer Senate Bill 09-169, 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



12:58 PM

The committee recessed.