House Committee on Public Health Care & Human Services (04/08/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Date:	04/08/2014	ATTENDANCE

Time:	01:39 PM to 03:40 PM	Conti	X
		Everett	X
Place:	HCR 0107	Ginal	X
		Joshi	X
This Meeting was called to order by		Landgraf	X
	Representative Primavera	McCann	X
		Schafer	*
This Report was prepared by		Singer	X
	Elizabeth Burger	Stephens	X
		Tyler	X
		Wilson	X
		Young	X
		Primavera	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB14-143 SB14-160 HB14-1323		Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:40 PM -- SB14-143

Representatives Gerou and May introduced Senate Bill 14-143. The bill allows payments resulting from nursing facility provider reimbursement appeals to be made from the Medicaid Nursing Facility Cash Fund. Currently, General Fund moneys are used to pay the state's share of appeal payments or provider reates are adjusted to accommodate the required payment. There were no witnesses present to testify.


BILL:	SB14-143
TIME:	01:41:03 PM
MOVED:	Young
MOTION:	Refer Senate Bill 14-143 to the Committee on Appropriations. The motion passed on a vote of 12-0, with one member absent.
SECONDED:	Wilson
		VOTE
	Conti	Yes
	Everett	Yes
	Ginal	Yes
	Joshi	Yes
	Landgraf	Yes
	McCann	Yes
	Schafer	Absent
	Singer	Yes
	Stephens	Yes
	Tyler	Yes
	Wilson	Yes
	Young	Yes
	Primavera	Yes

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

01:42 PM -- SB14-160

Representative Primavera introduced Senate Bill 14-160. Currently, persons eligible for Medicaid waiver services for person with traumatic brain injury may receive transitional living services for a period between 6 and 12 months. This bill removes the time period from the definition of transitional living services. She said that the bill will make the services less restrictive and more appropriate, and the current length-of-stay cap limits the ability of people to recover from brain injuries in the most appropriate settings.

01:45 PM -- Gavin Attwood, Brain Injury Alliance of Colorado, testified in support of the bill. He stated that the bill will have a large impact on individuals living with brain injury in Colorado. He stated that treatment of brain injuries require access to a wide variety of services, and discussed the costs of treating brain injuries.

01:48 PM -- Colin Laughlin, Department of Health Care Policy and Financing, testified in support of the bill and stated that the bill allows individuals who need services to receive them at the most appropriate times. He explained that individuals with brain injuries can continue to recover from such injuries for years. Mr. Laughlin responded to questions from the committee regarding the bill's fiscal note and transitional living services and discussed the timing of implementation for the services.

02:00 PM -- Melissa Abate, Craig Hospital, testified in support of the bill. She discussed the importance of transitional living services for certain individuals with brain injuries. She responded to questions from the committee.

02:03 PM -- Bill Levis, representing the Brain Injury Alliance of Colorado and himself, testified in support of the bill and responded to questions from the committee. Mr. Laughlin returned to the table to respond to questions from the committee regarding the Medicaid brain injury waiver.

02:12 PM

Representative Primavera gave concluding remarks regarding the bill. Committee members commented on the bill.


BILL:	SB14-160
TIME:	02:13:21 PM
MOVED:	Primavera
MOTION:	Refer Senate Bill 14-160 to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:	Singer
		VOTE
	Conti	Yes
	Everett	No
	Ginal	Yes
	Joshi	Yes
	Landgraf	Yes
	McCann	Yes
	Schafer	Yes
	Singer	Yes
	Stephens	Yes
	Tyler	Yes
	Wilson	Yes
	Young	Yes
	Primavera	Yes

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

02:14 PM -- HB14-1323

Representative Primavera introduced House Bill 14-1323. As introduced, the bill prohibits the state or a local government from accessing an individual's personal medical information or medical record without the individual's consent. She distributed and discussed amendment L.003 (Attachment A), which is a strike-below amendment. The amendment places restrictions on the Department of Revenue's use of personal medical information, and creates a task force to review the ability of state and local governments to access personal medical information. She discussed the federal Health Insurance Portability and Accountability Act (HIPAA) and distributed a chart showing the entities that have access to personal medical information (Attachment B). Representative Primavera discussed the Department of Revenue and its role in reviewing medical records when conducting audits of medical facilities. Representative Primavera responded to questions from the committee regarding the Department of Revenue's access to records under amendment L.003, compensation for members of the task force, and representation of various entities on the task force. Representative Primavera discussed how patients' fears about the release of private medical information can impact the quality of care. Amendment L.004 (Attachment C) was distributed to the committee.

14HsePHS0408AttachA.pdf

14HsePHS0408AttachB.pdf

14HsePHS0408AttachC.pdf

02:32 PM -- MaryKathryn Hurd, Department of Health Care Policy and Financing, testified in a neutral position on the bill and regarding the department's concerns with amendment L.003. She stated that as the state Medicaid agency, the department needs access to individual health information and discussed the privacy measures the department employs to ensure the protection of personal medical information. She responded to questions from the committee regarding whether the state sends transcription orders outside of the state.

02:37 PM -- Anne McGihon, Allergan, described how the Department of Revenue previously accessed personal health information in audits of medical facilities. She stated that the goal of the bill is to ensure that personal medical information is protected regardless of the policies of the administration overseeing the department. Representative Primavera and Ms. McGihon responded to questions from the committee regarding access of state departments to personal medical information and HIPAA.

02:55 PM -- Kim Ross, Patient Privacy Rights, responded to questions from the committee and discussed issues related to personal medical information.

03:02 PM -- John Vecchiarelli, Department of Revenue, responded to questions from the committee regarding the department's role in determining the taxability of medical procedures and the department's regulations relating to the disclosure of personal medical information. He further addressed questions regarding instances in which the department views personal medical information. Ms. McGihon commented on the department's authority to review personal medical information as part of its work auditing medical offices.

03:11 PM

Mr. Ross commented on PMI and how the information may be used for abusive purposes. Mr. Ross responded to questions from the committee regarding the purchase of medical information by various entities.


BILL:	HB14-1323
TIME:	03:19:39 PM
MOVED:	Stephens
MOTION:	Adopt amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:	Tyler
		VOTE
	Conti
	Everett
	Ginal
	Joshi
	Landgraf
	McCann
	Schafer
	Singer
	Stephens
	Tyler
	Wilson
	Young
	Primavera

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


BILL:	HB14-1323
TIME:	03:23:10 PM
MOVED:	Primavera
MOTION:	Adopt amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:	Ginal
		VOTE
	Conti
	Everett
	Ginal
	Joshi
	Landgraf
	McCann
	Schafer
	Singer
	Stephens
	Tyler
	Wilson
	Young
	Primavera

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

03:33 PM - Christy Chase, Office of Legislative Legal Services, responded to questions regarding the membership of the task force and whether the bill specifically addresses the Department of Revenue. Representative Primavera responded to questions from the committee regarding the staffing of the task force.


BILL:	HB14-1323
TIME:	03:38:50 PM
MOVED:	Primavera
MOTION:	Refer House Bill 14-1323, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:	Schafer
		VOTE
	Conti	Yes
	Everett	Yes
	Ginal	Yes
	Joshi	Yes
	Landgraf	Yes
	McCann	No
	Schafer	Yes
	Singer	Yes
	Stephens	Yes
	Tyler	Yes
	Wilson	Yes
	Young	Yes
	Primavera	Yes

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

03:40 PM

The committee adjourned.