Senate Committee on Health & Human Services (04/09/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH & HUMAN SERVICES

Date:	04/09/2015	ATTENDANCE

Time:	01:32 PM to 04:32 PM	Aguilar	X
		Martinez Humenik	X
Place:	SCR 352	Newell	X
		Crowder	X
This Meeting was called to order by		Lundberg	X
	Senator Lundberg

This Report was prepared by
	Elizabeth Haskell
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 15-Aging - Colorado Commission On The Conf 15-Human Services - State Board Of HB15-1269 HB15-1186 HB15-1097		Referred to the Committee of the Whole - Consent Calendar Referred to the Committee of the Whole - Consent Calendar Referred to the Committee of the Whole - Consent Calendar Referred to Appropriations Referred to State, Veterans, & Military Affairs

01:32 PM -- Confirmation - Colorado Commission On The Aging

Paulette St. James, Jody Barker, and Benjamin Moultrie, appointees to the Colorado Commission on the Aging, came to the table. The appointment letters may be found in Attachment A. Applications and resumes for the appointees are available at the State Archives.

150409 AttachA.pdf

Ms. St. James introduced herself and spoke about why she would make a good appointee. Mr. Barker introduced himself and spoke about his experience at the Colorado Springs Senior Center. Mr. Moultrie introduced himself and spoke about why he would make a good appointee. The appointees responded to questions from the committee about financial planning for seniors and the commission's role in House Bill 15-1033, concerning long-term strategies to address Colorado's aging population and creating a strategic action planning group to develop a comprehensive, long-term action plan for Colorado's aging population.

01:40 PM

Christina Johnson, Ruth Long, and Celestino Santistevan, appointees to the Colorado Commission on Aging, came to the table. The appointment letters may be found in Attachment A. Applications and resumes for the appointees are available at the State Archives.

Ms. Johnson introduced herself and spoke about her qualifications that make her an asset to the commission. Ms. Long introduce herself and spoke about why she would like to serve on the commission. Mr. Santisteven introduced himself and spoke about his qualifications that make him an ideal appointee to the commission. Committee questions and discussion followed about safe affordable housing, home modification programs, and transportation issues affecting the aging population. Bobbie Sampson, appointee, was not able to attend the meeting.


BILL:	Conf 15- Colorado Commission On The Aging
TIME:	01:52:11 PM
MOVED:	Martinez Humenik
MOTION:	Refer the appointment of Paulette St. James, Jody Barker, Benjamin Moultrie, Christina Johnson, Ruth Long, and Celestino Santistevan to the Colorado Commission on the Aging to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:54 PM -- Confirmation -- State Board Of Human Services

David Ervin, Connie Rule, and Steve Johnson, appointees to the State Board of Human Services, came to the table. The appointment letter may be found in Attachment B. Applications and resumes for the appointees are available at the State Archives.

Mr. Ervin introduced himself and stated why he is qualified to be a member of the State Board of Human Services. Ms. Rule introduced herself and stated why she is qualified to be a member of the State Board of Human Services. Senator Johnson introduced himself and stated why he is qualified to be a member of the State Board of Human Services. Committee discussion and questions followed about the changes to the Temporary Assistance to Needy Families program in Larimer County, and about the process the Colorado Department of Human Services follows when promulgating rules and regulations.

02:08 PM

Continued committee discussion and questions focused on recent audits of the child welfare system, public access to board meetings, and rule-making procedures.

02:21 PM

Committee discussion continued.

02:23 PM

David Foy and Thomas Davidson, appointees to the State Board of Human Services, came to the table. The appointment letter may be found in Attachment B. Applications and resumes for the appointees are available at the State Archives.

150409 AttachB.pdf

Mr. Foy spoke about his current position on the board and why he would like to be reappointed. Mr. Davidson spoke about why he would like to be appointed to the board, and responded to questions from the committee.


BILL:	Conf 15-State Board Of Human Services
TIME:	02:30:48 PM
MOVED:	Crowder
MOTION:	Allow public testimony on the appointments to the State Board of Human Services. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	No
	Lundberg	Yes


Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:32 PM -- Gregg Leverett, representing himself, spoke in opposition to the appointments to the State Board of Human Services. Mr. Leverett referred to his unsatisfactory experience with county departments of human services and the Colorado Department of Human Services.


BILL:	Conf 15- State Board Of Human Services
TIME:	02:35:55 PM
MOVED:	Crowder
MOTION:	Refer the appointment of Thomas Davidson, David Ervin, David Foy, Steve Johnson, and Connie Rule to the State Board of Human Services to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:37 PM -- HB 15-1269

Senator Grantham presented House Bill 15-1269, concerning the transfer of persons to and from correctional facilities. The bill clarifies procedures concerning the transfer of inmates between the Department of Corrections (DOC) and the Department of Human Services (DHS). Specifically, it clarifies that inmates may only be transferred from DOC to DHS when such a transfer is done in accordance with a policy that provides for due process and in situations where the inmate cannot be safely confined in a DOC facility. This policy is required to be in place by August 1, 2015. The bill repeals the authority of the DHS to transfer non-offenders to the DOC. DHS may only transfer a person receiving care at the Colorado Mental Health Institute at Pueblo or Fort Logan to a DOC facility if that person is serving a sentence to the DOC. DHS is also authorized to return a person to the DOC if the inmate cannot be safely confined in the DHS facility.

02:39 PM -- Reggie Bicha, Executive Director, DHS, spoke in support of the bill. Director Bicha discussed the current law that allows DHS to transfer non-offender patients who are too dangerous to be confined at one of the state hospitals to a DOC facility. He told the committee that DHS has moved the five patients that were previously moved from DHS to DOC back from DOC to the Colorado Mental Health Institute at Pueblo. These patients are being cared for on a special wing of the Colorado Mental Health Institute at Pueblo and four of the patients have seen measurable improvement. He stated that although the current law allows for the transfer of DHS patients to DOC, he does not believe that it is good public policy for Colorado.

02:44 PM -- Christina Everist, DOC, spoke in support of the bill. She explained that DHS patients and DOC inmates have difference needs while being confined. She explained that in some case it is difficult for DOC employees to identify the different needs of these two populations.

02:46 PM

Senator Grantham made closing comments.


BILL:	HB15-1269
TIME:	02:47:42 PM
MOVED:	Crowder
MOTION:	Refer House Bill 15-1269 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:48 PM -- HB 15-1186

Senator Steadman presented House Bill 15-1186, concerning home- and community-based services for children with autism. House Bill 15-1186 was recommended by the Joint Budget Committee, this bill expands eligibility for the Autism Waiver Program by increasing the age limit from six years of age to eight years of age. If a child enrolls prior to his or her eighth birthday, he or she is eligible to receive services for a total of three full years. The bill removes the existing per child spending cap of $25,000 per year and instead directs the Medical Services Board (board) in the Department of Health Care Policy and Financing (HCPF) to set the per child spending cap each year based on available appropriations. Other provisions of the bill remove language about prioritizing enrollment in the program so as to reduce the waiting list and require ongoing program evaluations be completed each June 1. The bill appropriates a total of $5,207,767 to the HCPF from the General Fund and the Colorado Autism Treatment Fund and assumes that a total of $5,408,801 in matching federal funds will be received.

02:55 PM -- Marijo Rymer, The Arc of Colorado, spoke in support of the bill. She read the testimony of a parent who has a child with autism. Ms. Rymer also read the testimony of Carol Meredith of the Arc of Arapahoe and Douglas Counties whose adult son has autism.

03:03 PM -- Dr. Corry Robinson Rosenberg, JFK Partners, spoke in support of the bill. She spoke about the need to increase the age that children can access the waiver and the length of time the child can remain on the waiver. She provided a copy of her testimony (Attachment C). Dr. Robinson Rosenberg responded to questions from the committee about diagnosing children with autism.

150409 AttachC.pdf

03:12 PM -- Jesse Ogas, Firefly Autism, spoke in support of the bill. Mr. Ogas read the testimony of Ken Winn (Attachment D), and spoke about his own experience as an employee of Firefly Autism.

150409 AttachD.pdf

03:17 PM -- Josh Rael, Alliance Colorado, spoke in support of the bill. He stated that Colorado's community centered boards support the bill and look forward to servicing this population. Mr. Rael provided a handout to the committee (Attachment E).

150409 AttachE.pdf

03:19 PM -- Kristen Kaiser, representing herself, spoke in support of the bill. She discussed her clinical experience and her experience as the mother of three children with autism. She told the committee about her family's experience receiving services through the autism waiver. Ms. Kaiser provided a copy of her testimony (Attachment F).

150409 AttachF.pdf

03:23 PM

Senator Steadman made closing comments. Senator Steadman responded to questions from the committee about the funding of the waiver, and the number of children who would be eligible for the program. Committee discussion followed concerning the fiscal note and the ultimate cost to the state of the waiver expansion.


BILL:	HB15-1186
TIME:	03:36:14 PM
MOVED:	Crowder
MOTION:	Refer House Bill 15-1186 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:36 PM -- HB 15-1097

Senator Newell presented House Bill 15-1097, concerning fetal alcohol spectrum disorders and recreating the Fetal Alcohol Spectrum Disorders Commission as a commission under DHS and provided a handout to the committee (Attachment G). This bill dissolves an existing temporary commission called the Fetal Alcohol Spectrum Disorders Commission and recreates it as a Type 2 agency within DHS beginning July 1, 2015. The commission will be composed of 12 members and must be appointed by the executive director of the DHS by July 30, 2015. The bill permits the executive director to appoint members to the commission who have previously served on the temporary commission. The bill requires the commission to meet at least once a year and the first meeting must be held by August 30, 2015. The commission is repealed on June 30, 2020. The commission must distribute and promote the use of health warning signs and other informational materials in community locations and for use by persons licensed to sell alcoholic beverages. The bill describes the minimum requirements of the health warning signs. The bill also requires that the presentence investigation of a juvenile in the juvenile justice system include a preliminary screening of whether the mother drank alcoholic beverages during the pregnancy and if the juvenile should be evaluated for fetal alcohol spectrum disorders (FASD). Under the bill, counties must also include the consideration of whether the child was prenatally exposed to alcohol in the screening, assessments, and individual case plans in dependency and neglect cases.

150409 AttachG.pdf

03:39 PM -- Heidi Heissenbuttel, Sewall Child Development Center, spoke in support of the bill. She spoke about the problems that occur when children are incorrectly diagnosed and how the behavior of children can be changed when they receive a proper diagnosis.

03:46 PM -- Dr. Sharon Langendoerfer, representing herself, spoke in support of the bill. She spoke about her experience caring for children and babies affected by substance abuse. She stated that children who suffer from FASD do not understand cause and effect nor do they have the ability to plan ahead. She spoke about the history of the current commission which was founded in 2007. Dr. Langendoerfer responded to questions from committee about children with FASD who are in the foster care system.

03:56 PM -- Gianfranco Zizza, representing himself, spoke about his experience as a child with fetal alcohol syndrome.

03:58 PM -- Julene Zizza , NOFAS Colorado, spoke about her experience as the mother of a child who has fetal alcohol syndrome. She discussed her involvement with NOFAS Colorado and her experience with the Colorado Springs support group for families who have children with FASD.

04:08 PM -- Matt Cloven, Arc of Larimer County, spoke in support of the bill. He spoke about being an advocate for individuals who have disabilities relate to FASD, the lack of a support system for these individuals, and his experience working with public entities in Larimer County that have trained personnel to identify and assist individuals who have FASD.

04:16 PM -- Ms. Montgomery, March of Dimes, spoke in support of the bill and provided a handout to the committee (Attachment H). She spoke about the prevention of fetal alcohol syndrome, and told the committee about the activities of the commission.

150409 AttachH.pdf

04:19 PM -- Marijo Rymer, Arc of Colorado, spoke in support of the bill and the efforts of the commission in regard to prevention of FASD.

04:21 PM

Senator Newell made closing comments. Committee discussion followed about requiring liquor stores to display FASD warning signs, and the ability of the commission to receive grant funding.

04:24 PM -- April Montgomery returned to the table to respond to questions about health care providers.

04:26 PM

Committee discussion followed about nonprofit agencies becoming part of the government and the effectiveness of the current structure of the commission. Committee members commented on the bill.


BILL:	HB15-1097
TIME:	04:30:49 PM
MOVED:	Newell
MOTION:	Refer House Bill 15-1097 to the Committee on State, Veterans, and Military Affairs. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	No


Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

4:30 PM

The committee adjourned.