House Committee on Public Health Care & Human Services (03/20/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Date:	03/20/2015	ATTENDANCE

Time:	11:09 AM to 02:50 PM	Conti	X
		Danielson	X
Place:	HCR 0107	Everett	X
		Ginal	X
This Meeting was called to order by		Joshi	X
	Representative Primavera	Landgraf	X
		Melton	*
This Report was prepared by		Moreno	*
	Elizabeth Burger	Sias	X
		Tyler	X
		Windholz	*
		Singer	X
		Primavera	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Presentation of Report on Peace Officer Post-Traumatic Stress Disorder SB15-087 HB15-1242 HB15-1248		Witness Testimony and/or Committee Discussion Only Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to Appropriations

11:11 AM -- Presentation of Report on Peace Officer Post-Traumatic Stress Disorder

Representative Primavera introduced the presentation regarding peace officer post-traumatic stress disorder (PTSD). Dr. John Nicoletti discussed PTSD and how the symptoms of the disease may manifest. He responded to questions from the committee.

11:20 AM

Mr. Stephen Deal shared his personal experience with PTSD and his participation on the Peace Officer Post-traumatic Stress Disorder Task Force (task force), which was created by House Bill 14-1343. He discussed his background as a police officer and discussed the symptoms of anxiety and PTSD that he experienced. He discussed his experience filing for workers' compensation after his diagnosis with PTSD. He responded to questions from the committee.

11:29 AM

Lieutenant Colonel Brenda Leffler, co-chair of the task force, described the activities and composition of the task force. She described the subcommittees formed by the task force and the report of the task force.

11:31 AM

Sergeant Sean Harper, co-chair of the task force, discussed the recommendations of the task force (Attachment A). The first recommendation relates to training at the basic or academy level. Sergeant Harper explained that it is becoming more acceptable for peace officers to discuss stress disorders, and implementing basic awareness training before candidates get into the field would be helpful to new peace officers. The second recommendation concerns making pre-employment psychological evaluations uniform across agencies. The third recommendation relates to peer support, and ensuring training for members of peer support teams. The fourth recommendation concerns the psychological services available to employees of law enforcement agencies and the fifth recommendation relates to response to critical incidents. The sixth recommendation concerns recommendations for the media, and recommendation seven concerns resource development and utilization recommendations, ensuring that resources are readily available to all employees. Finally, Sergent Harper discussed recommendation eight, concerning worker's compensation. He stated that any legislative solutions regarding workers' compensation for PTSD should include all law enforcement personnel. He discussed current statutory language regarding workers' compensation and stated that the language is problematic and should be reviewed and considered for modification to ensure consistency in application. He noted that while some members abstained from supporting the recommendation, no members of the task force voted against recommendation eight. Lieutenant Colonel Leffler responded to questions from the committee regarding recommendation eight. Members of the committee commented on the presentation, and Sergeant Harper discussed peace officers' experiences with traumatic events.

150320 AttachA.pdf

11:53 AM -- SB 15-087

Representative Singer introduced Senate Bill 15-087. The bill reorganizes existing statutes concerning foster care homes, adds new definitions regarding kinship foster care, and adds several new requirements and clarifications concerning background checks for certain types of kinship care homes. Representative Singer discussed a recent audit of the child welfare system, and noted that the audit found that some kinship foster care homes were not subject to background checks. Representative Singer explained that the bill makes potential foster parents subject to a uniform set of background checks in a timely manner.

12:00 PM -- Carla Bennett, Colorado League of Women Voters, testified in support of the bill. She stated that when children are removed from their homes, the state has an obligation to place them in a safe home. She spoke regarding the importance of stable placements for children.

12:06 PM -- Megan Davis, Boulder County Commissioners' Office, testified in support of the bill. She stated that the bill codifies some background check requirements that were previously only in rule. She described other clarifying changes made by the bill.

12:08 PM -- Judy Rodriguez, Larimer County Department of Human Services, testified in support of the bill.

12:08 PM -- Dorothy Macias, Office of the Child's Representative, testified in support of the bill. She responded to questions from the committee regarding the length of time it takes to complete a background check and information that is available about allegations of child abuse or neglect.

12:22 PM -- Dennis Goodwin, Child Protection Ombudsman, testified in support of the bill. He stated that background checks are tools to allow caseworkers to make more informed decisions about placements. He explained that the bill allows a conviction for unlawful sexual behavior to be a disqualifying offense for a kinship care placement.

12:24 PM

Representative Singer discussed and distributed amendments L.023, L.026, L.028, and L.027. (Attachments B through E). Debbie Haskins, Office of Legislative Legal Services, came to the table to explain amendment L.023.


BILL:	SB15-087
TIME:	12:26:02 PM
MOVED:	Singer
MOTION:	Adopt amendment L.023 (Attachment B). The motion passed without objection.
SECONDED:	Ginal
		VOTE
	Conti
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Windholz
	Singer
	Primavera

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

12:27 PM

Representative Singer explained amendment L.026. The committee took a brief recess. The committee reconvened and discussed amendment L.026. Debbie Haskins responded to questions from the committee regarding the amendment's language.


BILL:	SB15-087
TIME:	12:28:35 PM
MOVED:	Moreno
MOTION:	Amend L.026 (Attachment C), page 1, line 27 strike "may" and substitute "shall." The motion passed without objection.
SECONDED:	Singer
		VOTE
	Conti
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Windholz
	Singer
	Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

12:29 PM

Representative Sias asked a question regarding permanent flags on fingerprint records for foster parents.

12:28 PM -- Chris Schaefer, Colorado Bureau of Investigation, came to the table to respond to questions from the committee regarding fingerprint records flags and amendment L.026.


BILL:	SB15-087
TIME:	12:32:38 PM
MOVED:	Singer
MOTION:	Adopt amendment L.026 (Attachment C), as amended. The motion passed on a vote of 7-6.
SECONDED:	Ginal
		VOTE
	Conti	No
	Danielson	Yes
	Everett	No
	Ginal	Yes
	Joshi	No
	Landgraf	No
	Melton	Yes
	Moreno	Yes
	Sias	No
	Tyler	Yes
	Windholz	No
	Singer	Yes
	Primavera	Yes

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:35 PM

Representative Singer explained amendment L.028 (Attachment D). The committee discussed the amendment's terminology regarding the Judicial Department's background check system. Ms. Haskins responded to committee questions regarding this issue.

12:37 PM -- Terry Scanlon, Judicial Department, came to the table to respond to committee questions regarding amendment L.028.


BILL:	SB15-087
TIME:	12:42:19 PM
MOVED:	Singer
MOTION:	Adopt amendment L.028 (Attachment D). The motion passed without objection.
SECONDED:	Moreno
		VOTE
	Conti
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Windholz
	Singer
	Primavera

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

12:43 PM

Representative Singer explained amendment L.027 (Attachment E). Ms. Haskins responded to committee questions regarding the amendment.

12:46 PM

Jodi Walters, Fostering Colorado, came to the table to explain amendment L.027. She responded to questions from the committee.


BILL:	SB15-087
TIME:	12:51:57 PM
MOVED:	Singer
MOTION:	Adopt amendment L.027 (Attachment E). The motion passed without objection.
SECONDED:	Moreno
		VOTE
	Conti
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Windholz
	Singer
	Primavera

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

12:53 PM

Representative Singer gave concluding remarks regarding the bill. Members of the committee commented on the bill.


BILL:	SB15-087
TIME:	12:55:53 PM
MOVED:	Singer
MOTION:	Refer Senate Bill 15-087, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:	Moreno
		VOTE
	Conti	Yes
	Danielson	Yes
	Everett	No
	Ginal	Yes
	Joshi	Yes
	Landgraf	Yes
	Melton	Yes
	Moreno	Yes
	Sias	Yes
	Tyler	Yes
	Windholz	Yes
	Singer	Yes
	Primavera	Yes

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

01:00 PM -- HB 15-1242

Representative Danielson introduced House Bill 15-1242. She distributed amendment L.002, an unofficial preamended version of the bill, and a fact sheet regarding the bill (Attachments F, G, and H). The bill requires that general hospitals in Colorado give each patient or the patient's legal guardian the option to designate at least one caregiver within 24 hours of the patient's admission to the hospital and prior to the patient's release from the hospital or transfer to another facility. Specifically hospitals must record designation of a caregiver and the caregiver's relationship to the patient and contact information in the patient's medical record; consult with the patient regarding the capabilities and limitations of the caregiver; provide a discharge plan to the patient describing the patient's aftercare needs; and provide the caregiver with instructions and training concerning the aftercare of the patient.

150320 AttachF.pdf

150320 AttachG.pdf

150320 AttachH.pdf

01:10 PM -- Greg Glischinski, AARP, testified in support of the bill. He discussed the expanding role of family caregivers in caring for patients. He noted that some hospitals already voluntarily comply with the provisions of the bill.

01:16 PM -- Lynn Smith, AARP, testified in support of the bill. She shared her personal experience being a caregiver to family members and friends. She discussed the lack of continuity and clarity in discharge instructions. She responded to questions from the committee.

01:21 PM -- Dr. Kimberley Jackson, Colorado Cross Disability Coalition, testified in support of the bill, stating the bill is important to promote continuity of care. She responded to previous committee questions regarding medical power of attorney forms. Representative Danielson responded to questions from the committee and discussed the changes made by amendment L.002. Dr. Jackson responded to questions from the committee regarding the role of a caregiver during a hospital stay.

01:36 PM -- Francesca Maes, Colorado Cross Disability Coalition, testified in support of the bill.

01:37 PM -- MK Sullivan, 9 to 5 Colorado, testified in support of the bill.

01:40 PM -- Janet Stephens, Colorado Hospital Association, distributed a copy of her testimony (Attachment I) and testified regarding the bill. She stated that Colorado hospitals have a longstanding commitment to allowing patients access to care and ensuring that patient choices meet high quality standards. She spoke in support of amendment L.002 and responded to questions from the committee.

150320 AttachI.pdf


BILL:	HB15-1242
TIME:	01:50:35 PM
MOVED:	Danielson
MOTION:	Adopt amendment L.002 (Attachment F). The motion passed without objection.
SECONDED:	Ginal
		VOTE
	Conti
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Windholz
	Singer
	Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1242
TIME:	01:52:49 PM
MOVED:	Danielson
MOTION:	Refer House Bill 15-1242, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:	Melton
		VOTE
	Conti	Yes
	Danielson	Yes
	Everett	Yes
	Ginal	Yes
	Joshi	No
	Landgraf	Yes
	Melton	Yes
	Moreno	Yes
	Sias	Yes
	Tyler	Yes
	Windholz	Yes
	Singer	Yes
	Primavera	Yes

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

01:58 PM -- HB 15-1248

Representative Singer introduced HB 15-1248. The bill permits one representative at each child placement agency (CPA) in the state to access information maintained by a county department of social services concerning a current or prospective foster parent, an adult residing in the home of a current or prospective foster parent, or a specialized group facility. The information that a representative of a CPA may access is limited to information concerning whether a report of child abuse or neglect has been made regarding the person, the general nature of the alleged incident of child abuse or neglect, whether the report was screened for assessment, the outcome of any investigation, and the child care and child welfare licensing history of the individual.

02:01 PM -- Robert Werthwein, Colorado Department of Human Services, testified regarding the department's concerns with the bill. He stated the department's concerns relate to claims that are screened out or dismissed and whether CPAs should have access to those types of claims. He discussed access by CPAs to child welfare records in other states and stated that the department does not support the use of unsubstantiated information to make child placement decisions. Representative Singer responded to questions from the committee. Committee discussion ensued regarding access to unsubstantiated or dismissed reports of child abuse or neglect. Mr. Werthwein continued to respond to committee questions regarding alleged cases of child abuse and neglect.

02:22 PM -- Jodi Walters, Fostering Colorado, testified in support of the bill, stating that it is about child safety. She described the types of information the bill would allow CPAs to access and how access to these records would promote child safety. She stated that counties already have access to this information, and the CPAs should have the same access. She noted that some counties already choose to share the information.

02:27 PM -- Amy Harder, Fostering Colorado, testified in support of the bill. She discussed the ways in which caseworkers can benefit from access to the information permitted by the bill.

02:30 PM -- Becky Miller Updike, Fostering Colorado, testified in support of the bill. She stated that CPAs are held to the same confidentiality standards as county and state child welfare workers. She responded to questions from the committee. Ms. Harder further responded to questions from the committee.

02:36 PM

Representative Landgraf distributed and explained amendment L.001 (Attachment J).

150320 AttachJ.pdf


BILL:	HB15-1248
TIME:	02:37:20 PM
MOVED:	Landgraf
MOTION:	Adopt amendment L.001 (Attachment J). The motion failed on a vote of 6-7.
SECONDED:	Conti
		VOTE
	Conti	Yes
	Danielson	No
	Everett	Yes
	Ginal	No
	Joshi	Yes
	Landgraf	Yes
	Melton	No
	Moreno	No
	Sias	Yes
	Tyler	No
	Windholz	Yes
	Singer	No
	Primavera	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1248
TIME:	02:46:32 PM
MOVED:	Singer
MOTION:	Refer House Bill 15-1248 to the Committee on Appropriations. The motion passed on a vote of 11-2.
SECONDED:	Ginal
		VOTE
	Conti	Yes
	Danielson	Yes
	Everett	No
	Ginal	Yes
	Joshi	No
	Landgraf	Yes
	Melton	Yes
	Moreno	Yes
	Sias	Yes
	Tyler	Yes
	Windholz	Yes
	Singer	Yes
	Primavera	Yes

Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:50 PM

The committee adjourned.