Bill Summary for Bill Number HB12-1297

Date: 04/04/2012

Final
BILL SUMMARY for HB12-1297

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Refer House Bill 12-1297 to the Committee of the W	PASS

01:30 PM -- House Bill 12-1297

Senator Carroll, chair, called the meeting to order.

Senator Tochtrop, sponsor, presented House Bill 12-1297. The reengrossed bill continues the activities of the Committee on Anticompetitive Conduct (CAC), a subcommittee of the Colorado Medical Board in the Department of Regulatory Agencies (DORA), until September 13, 2013. The bill takes effect upon signature of the Governor, or upon becoming law without his signature.

Background. Professional peer reviews of physicians to evaluate competency and safe practices are typically conducted by the medical staff of hospitals and ambulatory surgical centers. The process is typically dictated by staff bylaws, which are specific to each facility, and which all members of the medical staff agree to follow when they join the staff. Following a professional peer review, if a physician alleges that the actions of the review process were based on unreasonable anticompetitive conduct, the physician may file a complaint with the CAC.

Current law limits the jurisdiction and the types of remedies the CAC can award. It may accept cases that allege anticompetitive conduct, but is limited to upholding, setting aside, or modifying the actions of the medical facility's governing board. The CAC cannot award monetary damages. The CAC has met 11 times in 22 years.

Committee members received a copy of the 2011 Sunset Review for Professional Review Committees and the CAC, prepared by the DORA (Attachment A).

01:31 PM

Senator Tochtrop explained the differences between the reengrossed bill and the introduced bill. She responded to questions from Senator S. King.

The following individuals testified regarding the bill:

01:32 PM -- Mr. Brian Tobias, representing the DORA, testified regarding the bill. He said that the sunset review on the CAC indicates that the committee is both unnecessary and unused. He spoke about the effect of the reengrossed bill compared to the effect of the bill as introduced. Mr. Tobias responded to questions from Senator Guzman. He noted that Colorado is the only state with something like the CAC. Senator S. King asked about the fiscal impact of the bill. Mr. Tobias explained how the CAC is funded.

01:38 PM -- Ms. Susan Koontz, representing the Colorado Medical Society, came to the table to answer questions. She responded to questions from Senator Carroll and Senator S. King. Discussion ensued between Ms. Koontz and Senator S. King concerning the purpose of the CAC.

01:45 PM

Senator Tochtrop provided closing comments on the bill and responded to questions from Senator S. King.


BILL:	HB12-1297
TIME:	01:45:55 PM
MOVED:	Carroll
MOTION:	Refer House Bill 12-1297 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Giron	Yes
	King S.	Yes
	Lundberg	Yes
	Nicholson	Yes
	Roberts	Yes
	Guzman	Yes
	Carroll	Yes

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

01:46 PM

The committee adjourned.