House Committee on Health and Human Services (05/06/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	05/06/2010	ATTENDANCE

Time:	01:35 PM to 05:20 PM	Acree	*
		Apuan	X
Place:	LSB A	Gerou	*
		Kefalas	X
This Meeting was called to order by		Kerr J.	X
	Representative Riesberg	Primavera	X
		Roberts	X
This Report was prepared by		Swalm	X
	Kelly Stapleton	Tyler	X
		Gagliardi	X
		Riesberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB10-195 SB10-197 SB10-167		Amended, Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to Appropriations

01:36 PM -- Senate Bill 10-195

Representative Solano presented Senate Bill 10-195 which creates the Early Childhood Leadership Commission in the Governor's Office. The bill specifies the commission's composition, and membership, duties, and purpose. The purpose of the commission is to advance a comprehensive service delivery system for children from birth to eight years old. She stated that the Governor issued an Executive Order in 2009 which created the Early Childhood Leadership Commission and the bill codifies the commission into law.

01:40 PM -- Elizabeth Groginsky, Head Start Colorado, testified in support of the bill. Two handouts, a fact sheet in support of the bill and a brochure describing the early childhood framework, were provided to the committee (Attachments A and B respectively). She stated that bill will help to continue to devise a comprehensive early childhood delivery system in the state. Ms. Groginsky commented that the commission will evaluate both state and federal laws and where they conflict, and how to serve children most effectively. In responding to Representative Gerou's question, Ms. Groginsky stated that the commission will be funded with federal funds that are currently earmarked for Colorado. She continued to state that only 6 percent of 2 years old access Headstart programs and that approximately 60 percent of 3 to 4 year olds access similar services. The committee discussed the interaction between Headstart and the proposed advisory commission. Ms. Groginsky stated that there are several boards, commissions, and councils that provide input regarding childhood education. She stated that the state has not evaluated the total picture. She highlighted that the commission is a mix of business, government organizations, and public support.

02:02 PM -- Janice Sinden, Executive Director, Colorado Concern, spoke in support of the bill. Ms. Sinden described the membership of Colorado Concern. In response to Representative Kefalas' question, she stated that businesses have a stake in ensuring that children have adequate health care and a decent education. She indicated there are five businesses already heavily invested in the public/private partnership of Colorado Concern. Ms. Sinden responded to Representative Gerou's question by stating that the individuals who sit on the commission are not interested in wasting time, but are truly interested in finding solutions. Representative Roberts asked why this commission needs to be codified into state law. She responded that the commission is necessary to be codified into statute to authorize the coordination of government agencies and to show the commitment of the General Assembly to early childhood development. She described an organization that is comprised of private businesses, non-profits, and foundations called Executives Partnering to Invest in Children (EPIC).

02:21 PM -- Bruce Atchison, Lietenant Governor's Office, spoke in support of the bill. Mr. Atchison responded to comments that committee members made during the previous testimony.

02:33 PM -- Scott Groginsky, Colorado Children's Campaign, testified in support of the bill. He spoke to the level of poverty among children in Colorado.

02:35 PM

Representative Solano responded to committee concerns regarding the length of time the commission will be active by stating that the bill has a provision which repeals the commission in three years. She responded to committee members' concern regarding the necessity of the commission being codified into state law. She stated that there are 23 different federal and state agencies that address early childhood education. She stressed the need for the General Assembly to demonstrate its commitment to early childhood education.


BILL:	SB10-195
TIME:	02:38:58 PM
MOVED:	Gagliardi
MOTION:	Moved to adopt prepared amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:	Kefalas
		VOTE
	Acree
	Apuan
	Gerou
	Kefalas
	Kerr J.
	Primavera
	Roberts
	Swalm
	Tyler
	Gagliardi
	Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-195
TIME:	02:41:34 PM
MOVED:	Gagliardi
MOTION:	Moved to adopt prepared amendment L.005 (Attachment D). The motion passed without objection.
SECONDED:	Primavera
		VOTE
	Acree
	Apuan
	Gerou
	Kefalas
	Kerr J.
	Primavera
	Roberts
	Swalm
	Tyler
	Gagliardi
	Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-195
TIME:	02:43:49 PM
MOVED:	Apuan
MOTION:	Moved to refer Senate Bill 10-195, as amended, to the Committee on Appropriations. The motion passed on a 6-5 roll call vote.
SECONDED:	Primavera
		VOTE
	Acree	No
	Apuan	Yes
	Gerou	No
	Kefalas	Yes
	Kerr J.	No
	Primavera	Yes
	Roberts	No
	Swalm	No
	Tyler	Yes
	Gagliardi	Yes
	Riesberg	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:51 PM -- Senate Bill 10-197

Representative Riesberg presented Senate Bill 10-197 which authorizes the Department of Public Health and Environment and a district or county public health agency to transfer prescription drugs purchased with public funds to one another.


BILL:	SB10-197
TIME:	02:53:14 PM
MOVED:	Riesberg
MOTION:	Moved to refer Senate Bill 10-197 to the Committee of the Whole. The motion passed on a 11-0 roll call vote.
SECONDED:	Kefalas
		VOTE
	Acree	Yes
	Apuan	Yes
	Gerou	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Primavera	Yes
	Roberts	Yes
	Swalm	Yes
	Tyler	Yes
	Gagliardi	Yes
	Riesberg	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:54 PM

The committee took a brief recess.

03:01 PM -- Senate Bill 10-167

Representative Riesberg presented Senate Bill 10-167, which creates the Colorado Medicaid False Claims Act. He spoke to the large amount of fraud in the Medicaid program. He described the history of the federal Medicaid False Claims Act. Representative Riesberg described the impetus for the bill. He spoke to the bill's revised fiscal note dated May 6, 2010. He spoke to a chart depicting the Medicaid Efficiencies Act (Attachment E).

03:23 PM -- Fred Miles, Colorado Health Care Association, spoke in opposition to the bill. He expressed his concern that the enactment of the bill would adversely affect nursing home providers.

03:40 PM -- Arlene Miles, Colorado Health Care Association, testified in opposition to the bill. She stated that the providers feel this bill is unfair. She spoke to a companion bill, House Bill 10-1357, which add five full time employees, in addition to the three full time employees that this bill includes, to the Attorney Generals Office. She commented that eight additional full time employees was a significant increase. She stated that the cost of hiring these new employees would not be recovered for at least three years because it takes that long to recover the funds from any Medicaid fraud. She spoke to a Senate amendment regarding the theft of medical records and stated that it reduces privacy.

03:57 PM -- Susan Cox, Kaiser Permanente, relayed her concerns about the bill. She relayed her concerns regarding the Senate amendment regarding the theft of medical records.

04:04 PM -- Shannon Butler, Colorado Hospital Association, spoke to her concerns about the bill.

04:07 PM -- Joan Henneberry, Executive Director, Department of Health Care Policy and Financing, testified in support of the bill.

04:24 PM -- Bob Douglas, Legal Director, Department of Health Care Policy and Financing, responded to committee questions.

04:27 PM -- John Bartholomew, Department of Health Care Policy of Financing, responded to committee questions. Mr. Douglas joined Mr. Bartholomew at the table. The committee discussed several issues.

04:45 PM -- Michael Mihm, Colorado Trial Lawyers Association, spoke in support of the bill.

05:01 PM

Representative Riesberg responded to comments made during witness testimony and provided concluding remarks to the bill.


BILL:	SB10-167
TIME:	05:12:35 PM
MOVED:	Riesberg
MOTION:	Moved to adopt prepared amendment L.017 (Attachment F). The motion passed on a 6-4 roll call vote.
SECONDED:	Kefalas
		VOTE
	Acree	No
	Apuan	Yes
	Gerou	No
	Kefalas	Yes
	Kerr J.	No
	Primavera	Yes
	Roberts	Excused
	Swalm	No
	Tyler	Yes
	Gagliardi	Yes
	Riesberg	Yes
Not Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB10-167
TIME:	05:18:10 PM
MOVED:	Riesberg
MOTION:	Moved to refer Senate Bill 10-167, as amended, to the Committee on Appropriations. The motion passed on a 6-4 roll call vote.
SECONDED:	Primavera
		VOTE
	Acree	No
	Apuan	Yes
	Gerou	No
	Kefalas	Yes
	Kerr J.	No
	Primavera	Yes
	Roberts	Excused
	Swalm	No
	Tyler	Yes
	Gagliardi	Yes
	Riesberg	Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:20 PM

The committee adjourned.