Bill Summary for Bill Number HB12-1294

Date: 03/01/2012

Final
BILL SUMMARY for HB12-1294

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Votes: View-->

Action Taken:

Moved to adopt amendment L.001 (Attachment A). The
Moved to adopt amendment L.002 (Attachment B). The
Moved to adopt amendment L.003 (Attachment C). The
Moved to adopt amendment L.004 (Attachment D). The
Moved to adopt amendment L.005 (Attachment E). The
Moved to adopt amendment L.006 (Attachment F). The
Moved to adopt amendment L.007 (Attachment G). The
Moved to refer House Bill 12-1294, as amended, to
Moved to refer House Bill 12-1294, as amended, to

Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS

01:41 PM -- House Bill 12-1294

Representative Liston, prime sponsor, presented House Bill 12-1294. Under current law, the Department of Public Health and Environment (DPHE) licenses and establishes and enforces standards for the operation of health facilities in the state. Facilities that must be licensed include rehabilitation centers, community mental health centers, acute treatment units, facilities for persons with developmental disabilities, nursing care facilities, hospice care, assisted living residences, and home care agencies. Both DPHE and the Department of Human Services (DHS) jointly regulate community residential homes for persons with developmental disabilities.

The bill eliminates DPHE's authority to license and develop standards for the operation of community residential homes and establishes that authority in the DHS. Further, if home care agency personal care services otherwise regulated by DPHE are provided in a community residential home, DHS is required to include the inspection of those services as part of its overall inspection of the home. DHS is required to develop and institute an abbreviated, periodic inspection system for community residential homes and a performance incentive systm to reduce renewal license fees for community residential homes that have no specific deficiencies.

The bill also:

requires DPHE to develop an abbreviated, periodic inspection system for health facilities that have been licensed for at least three years and that have not been subject of any enforcement activity or complaints within the past three years;
restricts DPHE from imposing construction standards that are more strict than, or that do not comply with, applicable national, state, and local building and fire codes when considering a license application or renewal;
places limits on DPHE's authority in determining an applicant's fitness to conduct and maintain a health facility;
allows Program of All-inclusive Care for the Elderly (PACE) organizations to submit evidence of accreditation or regulation found in three-way agreements between the PACE provider, the Centers for Medicare and Medicaid Services (CMS), and the Department of Health Care Policy and Financing (HCPF) to satisfy state licensing requirements;
prohibits the State Board of Health (board) from increasing provisional or full license fees above the levels set in rule as of the effective date of the applicable section of the bill;
establishes the Health Care Industry Facility Advisory Council (council) in DPHE to advise the board on matters related to state licensure of health care facilities; and
clarifies that home care placement agencies are not licensed or certified by DPHE and subjects facilities who make such a claim to a civil penalty.

02:02 PM

Representative Williams asked Representative Liston to give her an example of barriers to businesses in the current DPHE system and asked him to define a placement agency.

02:08 PM -- Joscelyn Gay, Deputy Director Behavioral Health and Housing, and Barb Ramsay, Assistant Deputy Director Veterans and Disability Services, Department of Human Services, testified against the bill. While they agree there are good provisions in the bill, they believe the bill does not address the real issues facing people with developmental disabilities. Ms. Gay talked about those issues. They responded to questions from the committee regarding surveys and facility construction standards.

02:27 PM -- Joni Reynolds, Director of Public Health Programs, CDPHE, testified on the bill. She stated the department did not take a position on the bill because they agree with some provisions and do not agree with others. Ms. Reynolds responded to questions from the committee regarding the number of complaints driving surveys and department funding under the bill.

02:50 PM -- Shannon Gimbel, representing the Denver Regional Council of Governments (DRCOG) Ombudsman, testified against the bill. She walked through the provisions of the bill and expressed her concerns.

02:59 PM -- Shelly Hitt, representing the State Long Term Care Ombudsman, testified against the bill. She walked through the provisions of the bill and expressed her concerns. Ms. Hitt responded to questions from the committee regarding surveys and costs for long term care.

03:12 PM -- Arlene Miles, CEO of the Colorado Health Care Association, testified on behalf of all those in favor of the bill. Ms. Miles responded to questions from the committee.


BILL:	HB12-1294
TIME:	03:35:17 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Swalm
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1294
TIME:	03:36:34 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Holbert
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1294
TIME:	03:38:07 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Swalm
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1294
TIME:	03:39:19 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:	Swalm
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1294
TIME:	03:39:47 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.005 (Attachment E). The motion passed without objection.
SECONDED:	Holbert
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1294
TIME:	03:41:27 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.006 (Attachment F). The motion passed without objection.
SECONDED:	Swalm
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1294
TIME:	03:42:07 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.007 (Attachment G). The motion passed without objection.
SECONDED:	Swalm
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

03:45 PM

Representative Liston gave some closing remarks on the bill.


BILL:	HB12-1294
TIME:	03:47:32 PM
MOVED:	Liston
MOTION:	Moved to refer House Bill 12-1294, as amended, to the Committee of the Whole (see substitute motion).. The motion passed without objection.
SECONDED:	Szabo
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:


BILL:	HB12-1294
TIME:	03:48:39 PM
MOVED:	Wilson
MOTION:	Moved to refer House Bill 12-1294, as amended, to the Committee on Health and Environment. The motion passed on a vote of 12-0.
SECONDED:	Priola
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Excused
	Priola	Yes
	Singer	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	Yes
	Williams A.	Yes
	Wilson	Yes
	Swalm	Yes
	Liston	Yes

YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:51 PM

The committee adjourned.