Date: 04/02/2014

Final
BILL SUMMARY for HB14-1343

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment A). The motion f
Adopt amendment L.003 withdrawn The motion passed
Adopt amendment L.003 (Attachment D). The motion f
Adopt amendment L.006 (Attachment C). The motion p		FAIL
FAIL
Pass Without Objection



01:34 PM -- HB14-1343

Representative Singer and Representative Wright presented and summarized House Bill 14-1343 concerning workers' compensation coverage for post-traumatic stress disorder for peace officers. Under current law, post-traumatic stress disorder (PTSD) is not covered under workers' compensation claims for peace officers unless the PTSD was caused by an event outside of the employee's typical job responsibilities. The bill removes this restriction and includes PTSD as a covered workers' compensation disability.

Eligible peace officers must seek treatment for PTSD within 36 months of the qualified traumatic event that occurred in the line of duty and file a claim within 24 months of the event. For the claim to be considered, the healthcare provider must submit specific information to the employer or insurer. The health care provider must use the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders to substantiate the claim. If the claim is approved, the employer or insurer of the peace officer must cover all costs related to PTSD treatment, even if it is later determined the peace officer was not diagnosed with PTSD. The bill provides related definitions.

Under the bill, a dependent of a peace officer entitled to workers' compensation benefits may file a claim if a peace officer commits suicide as a result of PTSD. In this situation, the Chief Administrative Law Judge employed by the Department of Personnel (DPA) must randomly select a panel of volunteer licensed mental health professionals, as specified in the bill. Within 120 days of the claim's filing, the panel will issue a written decision determining whether the suicide was a result of PTSD. The panel may subpoena records, witnesses, and testimony as deemed necessary. The decision is final and not subject to appeal.

The bill permits an employer, insurer, or the majority of mental health panel members to petition a district court for an in camera hearing in order to receive additional information beyond the scope of what is required to consider a claim. The hearing must occur within 30 days of the petition filing. The court may also require and review medical records prior to and during the in camera hearing. The court must rule on the petition within 10 calendar days after the closing of evidence. Counsel of record may share released information with the judge and the licensed health care providers. The decision of the court must reference the released information.

Representative Singer provided background information on PTSD and the affect on peace officers. Representative Wright discussed his experience with working with officers with PTSD and the importance of providing mental health resources to emergency responders.

Representative Singer answered questions from the committee members regarding mental health disorders and emergency incidents. Representative Rankin asked a question regarding the resources that are currently available to emergency responders. Representative Wright discussed traumatic incidents that emergency responders are faced with as part of their job and the cultural issues regarding treatment. Representative Singer discussed state assistance programs available to emergency responders and the need of proper treatment programs.

Representative Fields said that the bill puts PTSD into workers' compensation. She asked a question regarding the oath of duty of peace officers. Representative Wright discussed the use of "on-duty officers" in the bill. Representative Singer answered questions from the committee regarding the current language for workers' compensation laws.


01:55 PM

The committee discussed the needs related to PTSD and the financial impact on both the employee and the employer.

Representative Rosenthal discussed whether this bill makes it easier for people with PTSD issues to come forward to seek help. Representative Singer discussed the need for better coverage of emergency responders regarding PTSD.

The sponsors distributed and summarized amendment L.002 (Attachment A).

14HseLocal0402AttachA.pdf14HseLocal0402AttachA.pdf

02:11 PM

Representative Singer and Representative Wright answered questions from the committee regarding the current diagnosis and coverage process for individuals with PTSD. The committee members discussed the individuals that would be covered under the provisions of the bill.

02:14 PM -- Chief Dan Oates, representing the Colorado Association of Chiefs of Police (CACP), spoke against the bill. He discussed the current coverage for individuals with PTSD and the current standards and practices for employees that are injured on the job. He said that the bill might lead to a rise in fabricated incidents.

Chief Oates responded to questions from the committee about how the bill would effect his department. He stated that because the bill is so broadly written, it would trigger a PTSD claim for standard police work. He responded to a question from the committee about how the extraordinary incident was handled in Aurora. Representative Wright clarified the purpose of the bill, stating that a diagnosis by a licensed medical professional is the guard rail of the bill. Chief Oates stated that bill will alter the landscape and increase claims.


02:27 PM

Chief Oates continued to answer questions from the committee regarding coverage of PTSD claims.

02:30 PM -- Lauren Schreier, Legislative Council Staff, was called to the table to answer questions regarding the fiscal impact of the bill. She discussed the amount of claims processed each year, but clarified that they do necessarily indicate claims for PTSD.

02:35 PM -- Kevin Bommer, representing the Colorado Municipal League, spoke against the bill. He said that the bill is bad public policy and discussed the current procedures for providing treatment for peace officers with PTSD. He discussed the issue of presumptive eligibility and said that it places an unfair burden on the employer. He discussed the current resources available to peace officers and the role of the Firefighter and Police Office Pension Association in providing employee benefits.

02:42 PM -- Chief Kevin Paletta, representing CACP, spoke against the bill. He discussed the current services provided to peace officers involved in traumatic incidents. Chief Paletta requested that a study be conducted to properly address the issue. He answered questions from the committee and discussed the resources available at the Lakewood Police Department to address traumatic issues. Chief Paletta discussed the mental health training for staff providing services to peace officers. He answered questions from the committee regarding the abuse of workers' compensation claims.

02:50 PM -- Chief John Jackson, representing CACP, spoke against the bill. He discussed the current process for providing mental health services to peace officers. He said that the burden of proof for PTSD unnecessarily shifts to the insurance companies and away from the employers. He said the bill is too broad and that under the proposed guidelines he has three of the four requirements for diagnoses for PTSD coverage. He said that there are six issues regarding the bill: presumptive eligibility; qualifying factors for any common job duty; concerns for responsibility of expenses; concerns of the broad definition of injury or disease; broadening the definition of PTSD for presumption; and the officers can use PTSD as an excuse during disciplinary action.

Chief Jackson answered questions from the committee regarding the needs of providing proper coverage for peace officers. Representative Singer discussed the concerns of the police chiefs and other stake holders. Chief Jackson said that the bill puts the employers in an unfair position to determine whether the claim is actual or not. Representative Wright said that a medical diagnosis is needed before the coverage is processed. Chief Jackson answered a question from the committee regarding the responsibilities of an off-duty officer.

03:06 PM -- Pat Ratliff, representing Colorado Counties Inc., spoke against the bill.

03:07 PM -- Stephen Clapham, representing the Colorado Professional Fire Fighters, spoke in favor of the bill. He discussed the issues of PTSD and the importance of the bill.

03:09 PM -- Victoria McColm, Risk Manager for the City of Colorado Springs, spoke against the bill. She said that the cultural perceptions of PTSD need to change instead of the law. She said that the bill takes the employee out of the resources currently available under workers' compensation, which protects the employee and their records.

03:11 PM -- Dave Hall, representing the Colorado State Patrol, spoke against the bill and discussed concerns regarding the hiring of employees that have endured traumatic events for fear of having to cover the burden of treatment. He said that the bill creates unattended consequences by creating an environment for workers' compensation manipulation. He said that individuals with PTSD need coverage and that a study is needed to properly understand their needs.

03:17 PM -- Dianna Orf, representing the Associated Governments of Northwest Colorado, spoke against the bill. She said that PTSD is a serious issue and that more information is needed on the cause of PTSD before a presumptive eligibility should be used. Mr. Orf said that the provisions of the bill are to broad regarding the individuals that can be treated for PTSD. She discussed a concern regarding hiring practices related to the stigma of PTSD and answered questions from the committee on resources available to a rural police department. She said that there is an increasing awareness on PTSD and that a statewide organized effort will help aid rural departments.

03:25 PM -- Randi Wood, representing the Department of Personnel and Administration (DPA), was neutral on the bill snd distributed a informational document to the committee members (Attachment B). Ms. Wood discussed the Colorado State Employee Assistance Program, or C-SEAP, to provide counseling resources to state employees. She said that the state already provides mental health resources for peace officers. Ms. Wood said that in extreme cases, they will refer individuals to outside resources for additional help. She said that the current state program is confidential and that there is no diagnosis, which helps prevent stigmas against PTSD.

14HseLocal0402AttachB.pdf14HseLocal0402AttachB.pdf

03:30 PM -- Jack Wylie, representing DPA, spoke against the bill. He said that the provisions of the bill are too broad and will complicate the workers' compensation process He said that there is no way to determine the potential costs for PTSD coverage under workers' compensation. Mr. Wylie answered questions from the committee regarding a potential rise in workers' compensation rates and fraudulent claims. He also answered questions regarding the current process for filing a claim.

03:36 PM -- Rick Thompkins, Colorado Department of Corrections, spoke against the bill. He said that a study should be developed to fully understand the issues regarding coverage for PTSD. He answered questions from the committee regarding the impact of continual traumatic events. Mr. Thompkins said that correctional officers are not covered under the provisions of the bill and discussed the current process for dealing with PTSD and workers' compensation. He discussed the assistance programs and the resources offered to employers and employees to provide care for individuals impacted by traumatic events.

03:41 PM -- Mark Ruzzin, representing Boulder County, spoke against the bill. He said that a study should be developed regarding workers' compensation coverage for individuals with PTSD. He also discussed the definition of "line of duty" in the provisions of the bill.

03:45 PM -- Evan Goulding, representing the Special Districts Association of Colorado, spoke against the bill. He said that it is bad public policy to create presumptions in workers' compensation coverage. Mr. Goulding said that previous bills that had a presumption provision increased workers' compensation rates. He also said that the bill provides coverage of peace officers, but excludes other emergency responders.


03:51 PM

The committee recessed.


04:05 PM

The committee came back to order.

04:05 PM -- Jack Digliani, representing himself, spoke in favor of the bill. Mr. Digliani discussed PTSD and the varying degrees of diagnoses. He said that there is a stigma against PTSD in the police force and that officers do not want to be diagnosed or receive treatment. He said that the bill would remove the stigma against treatment and provide a resource for peace officers. He discussed suicide the rate and health affects of an individual with PTSD. He said that it is critically important to provide preemptive care for PTSD.

04:11 PM -- Marshall Fogel, representing himself, spoke in favor of the bill. He discussed his background in law enforcement. He discussed the provisions of the bill regarding presumptive eligibility in workers' compensation and former legislation that uses presumptions. He said that it is important that individuals with PTSD go directly to the mental health resources and not the police departments. He said that PTSD has been studied and that the assumption that workers' compensation claims for PTSD will be manipulated is unfair to employees.

Mr. Fogel answered questions from the committee regarding the claim review process.


04:23 PM

The committee discussed the provisions of the bill that moves the claims process from administrative judges to district courts. Mr. Fogel discussed the need to treat PTSD quickly to lessen the impact on mental health.

Mr. Fogel answered questions from the committee regarding presumptive eligibility in workers' compensation. He discussed Colorado law regarding Hepatitis C as precedent for this bill.

Mr. Digliani answered questions from the committee regarding circumstances that can result in PTSD. He said that there isn't necessarily a single event that causes PTSD and that extreme exposure or repeated exposure to trauma can cause PTSD. He said that if the symptoms can be traced back to an incident in the line of duty than it would be covered under the provisions of the bill.


04:30 PM

Representative Landgraf discussed the potential treatment processes for PTSD and compared to the current treatment of Hepatitis C. Representative Wright discussed the provisions in the bill to prevent high costs related to extended treatments.

Representative Dore discussed the provisions in the bill related to the medical costs for extended treatment. Mr. Fogel answered questions from the committee regarding presumptions for having PTSD. He spoke about the process of determining whether a person has PTSD and said that situations where individuals seek treatment for PTSD without actually having the disorder are rare, but they do occur. Representative Singer clarified that no medical expenses will be paid unless a diagnoses is made.


04:42 PM

The committee continued to discuss the provisions of the bill regarding the cost of treatment.

Representative Fields asked for clarification on a timeline for receiving coverage under workers' compensation. Mr. Fogel said that treatment can remain open as long as it is deemed reasonable and medically necessary.

Mr. Digliani answered questions from the committee regarding the definition of a health care provider.


04:55 PM

Representative Landgraf asked for clarification regarding the cause of PTSD and whether preexisting trauma will be covered under workers' compensation. Mr. Fogel discussed the screening process for police officers and the use of medical experts to properly evaluate the cause of the condition. Mr. Digliani said that coverage for an individual's treatment needs depends on the mental health evaluation process.

Representative Singer asked what the risk of PTSD is without expedited treatment. Mr. Digliani said that it is common for officers in the line of duty have PTSD and said that it is important to continue to offer services and reach out to individuals who have otherwise not sought treatment.

Mr. Fogel said that there are current resources available, but it does not offer the proper treatment and protection for the individual. He said that studies have already been done regarding PTSD and the areas that need to be addressed through workers' compensation.

05:07 PM -- Mike Violette, representing the Colorado Fraternal Order of Police, spoke in favor of the bill. He discussed his experience in the military and law enforcement. He discussed the rate of PTSD and said that it is impossible to know who will be affected. Mr. Violette said that workers' compensation is a safety net and not a benefit and that there is a screening and training process that monitors an officer's behavior. He said that there is not an incentive for an officer with PTSD to seek treatment and discussed the diagnoses process required under the provisions of the bill.

05:14 PM -- Craig Eley, representing the Division of Workers' Compensation, spoke for questions only. Mr. Eley answered questions from the committee regarding the language regarding PTSD under workers' compensation, and said that PTSD would be classified under the definition of mental stress. He said that PTSD is not specifically mentioned under current statute. He answered questions regarding the cost as a result of the provisions of the bill. Mr. Eley said that there would be more claims and that there would be a rise in associated costs.

Representative Exum asked a question regarding the treatment of other mental disorders under workers' compensation. Mr. Eley said that coverage for PTSD would be a separate category with a separate treatment and burden of proof process.


05:18 PM

Representative Singer answered a question from the committee regarding whether the Office of the Governor supports the bill.

Representative Singer discussed and summarized amendment L.002. Representative Rankin asked about privately employed peace officers that would be covered under the provisions of the bill.
BILL:HB14-1343
TIME: 05:20:23 PM
MOVED:Singer
MOTION:Adopt amendment L.002 (Attachment A). The motion failed on a vote of 6-7.
SECONDED:Exum
VOTE
Dore
No
Exum
Yes
Garcia
Yes
Gardner
No
Landgraf
No
Lebsock
Yes
Navarro
No
Rankin
No
Rosenthal
Yes
Vigil
No
Wright
Yes
Singer
Yes
Fields
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


Representative Singer presented and summarized amendment L.006 (Attachment C).

14HseLocal0402AttachC.pdf14HseLocal0402AttachC.pdf

Representative Dore asked a question regarding the costs associated with a review that determined an individual did not have PTSD.
BILL:HB14-1343
TIME: 05:30:09 PM
MOVED:Singer
MOTION:Adopt amendment L.006 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Dore
Exum
Garcia
Gardner
Landgraf
Lebsock
Navarro
Rankin
Rosenthal
Vigil
Wright
Singer
Fields
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


Representative Fields distributed and summarized amendment L.003 (Attachment D).

14HseLocal0402AttachD.pdf14HseLocal0402AttachD.pdf

05:32 PM -- Kris Forrestal, Office of Legislative Legal Services, spoke for information purposes only on amendment L.003.

Representative Lebsock discussed the differences between amendment L.003 and amendment L.002.
BILL:HB14-1343
TIME: 05:34:44 PM
MOVED:Fields
MOTION:Adopt amendment L.003 (Attachment D). The motion failed on a vote of 4-9.
SECONDED:Landgraf
VOTE
Dore
No
Exum
No
Garcia
No
Gardner
No
Landgraf
Yes
Lebsock
No
Navarro
Yes
Rankin
Yes
Rosenthal
No
Vigil
No
Wright
No
Singer
No
Fields
Yes
YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL



05:36 PM

The committee recessed.


05:42 PM

The committee came back from recess.

Representative Singer provided a closing statement on the bill. He discussed the impact of mental health on peace officers and requested that the bill be laid over to continued work with stake holders.

Representative Fields provided comments on the bill. She said that the bill will be laid over until the Wednesday April 9, 2014, House Local Government committee meeting.


05:45 PM

The committee adjourned.