Date: 04/15/2014

Final
BILL SUMMARY for HB14-1360

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment A). The motion p
Adopt amendment L.002 (Attachment B). The motion p
Adopt amendment L.003 (Attachment C). The motion p
Refer House Bill 14-1360, as amended, to the Commi
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS



01:54 PM -- HB14-1360

Representative Young introduced House Bill 14-1360. The bill implements the recommendations of the Sunset Review of the Licensing of Home Care Agencies, which the committee considered on April 1, 2014. Representative Young described the provisions of the bill and distributed amendments L.001, L.002, and L.003 (Attachments A through C). The bill continues the regulation of home care agencies and home care placement agencies until September 1, 2019, and:
  • 14HsePHS0415AttachA.pdf14HsePHS0415AttachA.pdf14HsePHS0415AttachB.pdf14HsePHS0415AttachB.pdf14HsePHS0415AttachC.pdf14HsePHS0415AttachC.pdf

    02:06 PM --
    Randy Kirkendall, CDPHE, testified in support of the bill, but noted that the department wants to continue to refine some portions of the bill.

    02:08 PM --
    Suzanne Brennen, HCPF, explained the process of licensing Medicaid providers and how the HCPF works with CDPHE regarding licensing of home care providers. She noted that HCPF relies on CDPHE's licensure process and described the different roles of the departments in the licensing process. Representative Stephens commented on the FTE increase required by the bill. Mr. Kirkendall responded to questions from the committee regarding the composition of the work group created by L.001.

    02:18 PM

    Representative Young commented on the bill and noted that the Community Living Advisory Group is also looking at issues of duplication in the licensing of home care providers by the DPHE and HCPF. Mr. Kirkendall walked the committee through the provisions of L.001. He explained that amendment requires the State Board of Health to develop a methodology for establishing differentiating fees for licensure of community centered boards and service agencies, suspends temporarily from July 1, 2014 to July 1, 2016 the relicensure surveys for CCBs and service agencies that have been certified or recertified by HCPF within the last 12 months, and ensures that new agencies seeking licensure will continued to be surveyed.

    Mr. Kirkendall explained the provisions of amendment L.003, which provides that the DPHE shall not assess fees between July 1, 2014, and July 1, 2016, for a new or renewal home care agency license issued to a community centered board or service agency, and provides that the department's costs for the licensing process will instead be paid from the Intellectual and Developmental Disabilities Services Cash Fund. Mr. Kirkendall noted that the CDPHE will continue to investigate occurrences and complaints, even during the period of time when the survey process is suspended.

    Amendment L.001 also establishes a work group to review the developmental disability (DD) services rules and to identify gaps or conflicts between the license requirements of CDPHE and those required of providers within the HCBS Medicaid waiver system. The work group must submit its recommendations by September 1, 2015, and the departments must adopt rules to resolve the conflicts and gaps identified by July 1, 2016. Finally, amendment L.001 requires the HCPF and CDPHE to report to the committees as part of the SMART Government Act their progress in analyzing and developing a plan to resolve conflicts and gaps in the requirements that apply to home care agencies.

    02:32 PM --
    Dave DeNovellis, Legislative Council Staff, responded to questions from the committee regarding the bill's fiscal note.

    02:36 PM --
    Marijo Rymer, Arc of Colorado, discussed the issues that were raised by DD service providers regarding the home care licensure process. She asked that the work group created by amendment L.001 be small, and that the proposed rule changes that emerge from the work group have the support of stakeholders before going before the State Board of Human Services and the State Board of Health. She stated that it is important to ensure that there are providers who can serve the DD population. She responded to questions from the committee.

    02:46 PM --
    Edie Busam, Home Care Association of America, addressed amendment L.002, which relates to home care placement agencies. Specifically, the amendment requires registration of home care placement agencies and requires agencies to obtain and maintain general liability insurance coverage for the agency and the providers the agency employs. Ms. Busam discussed issues related to fingerprint checks of various managers and employees of home care agencies. She responded to questions from the committee regarding home care placement agencies.

    02:56 PM --
    David Ervin, The Resource Exchange and Alliance, testified in support of amendment L.001 and discussed the regulation of service providers in the DD community. He discussed the need to reduce duplication in the licensing of service providers in order to create more capacity in the DD service provider pool. He responded to questions from the committee regarding his organization's support for amendments L.001 and L.003.

    03:07 PM --
    Ellen Caruso, Home Care Association of Colorado, testified regarding the services provided by the members of her organization. She testified in support of amendments L.001 and L.002. She discussed the licensing fees and the history of how the licensing fees were determined.

    03:12 PM --
    Sonya Newmann, Centura Health, testified regarding the process of developing amendments to the bill to address the unique situations of the DD community and providers of PACE services, and stated that there needs to be consistent regulation of all home care providers. Ms. Caruso addressed statutory language that allows for different licensing requirements for various types of skilled home health and personal care services, including differentiating requirements for providers that are substantially funded through Medicare and Medicaid reimbursement.

    BILL:HB14-1360
    TIME: 03:19:36 PM
    MOVED:Young
    MOTION:Adopt amendment L.002 (Attachment B). The motion passed without objection.
    SECONDED:Ginal
    VOTE
    Conti
    Everett
    Ginal
    Joshi
    Landgraf
    Excused
    McCann
    Schafer
    Singer
    Stephens
    Tyler
    Wilson
    Young
    Primavera
    YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


    BILL:HB14-1360
    TIME: 03:20:18 PM
    MOVED:Young
    MOTION:Adopt amendment L.003 (Attachment C). The motion passed without objection.
    SECONDED:Stephens
    VOTE
    Conti
    Everett
    Ginal
    Joshi
    Landgraf
    Excused
    McCann
    Schafer
    Singer
    Stephens
    Tyler
    Wilson
    Young
    Primavera
    YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


    BILL:HB14-1360
    TIME: 03:22:07 PM
    MOVED:Young
    MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
    SECONDED:Tyler
    VOTE
    Conti
    Everett
    Ginal
    Joshi
    Landgraf
    Excused
    McCann
    Schafer
    Singer
    Stephens
    Tyler
    Wilson
    Young
    Primavera
    YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


    BILL:HB14-1360
    TIME: 03:22:25 PM
    MOVED:Young
    MOTION:Refer House Bill 14-1360, as amended, to the Committee on Finance. The motion passed on a vote of 11-1, with one member excused.
    SECONDED:McCann
    VOTE
    Conti
    Yes
    Everett
    No
    Ginal
    Yes
    Joshi
    Yes
    Landgraf
    Excused
    McCann
    Yes
    Schafer
    Yes
    Singer
    Yes
    Stephens
    Yes
    Tyler
    Yes
    Wilson
    Yes
    Young
    Yes
    Primavera
    Yes
    Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS