House Committee on Health, Insurance, & Environment (04/23/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date:	04/23/2015	ATTENDANCE

Time:	01:32 PM to 04:03 PM	Brown	X
		Esgar	X
Place:	HCR 0107	Humphrey	X
		Joshi	X
This Meeting was called to order by		Klingenschmitt	X
	Representative McCann	Landgraf	X
		Lontine	X
This Report was prepared by		Mitsch Bush	X
	Amanda King	Primavera	X
		Ransom	X
		Ryden	X
		Ginal	X
		McCann	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1360 SB15-109 HB15-1351		Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

01:34 PM -- HB 15-1360

Representative Ginal presented House Bill 15-1360. The bill allows licensed acupuncturists to practice injection therapy, which is the injection of sterile herbs, vitamins, minerals, homeopathic substances, or other similar substances into acupuncture points using a hypodermic needle. To practice injection therapy, an acupuncturist must complete the required training as specified by the director of the Division of Professions and Occupations in the Department of Regulatory Agencies. In addition, the bill permits acupuncturists to obtain substances for injection therapy from a registered prescription drug outlet, registered manufacturer, or registered wholesaler.

01:37 PM

Representative Ginal answered questions about the bill and homeopathic substances.

01:41 PM -- Scott Richardson, Acupuncture Association of Colorado, testified in support of the bill. He discussed why the bill is necessary. Mr. Richardson answered questions about injection therapies and sterile herbs used by acupuncturists. Discussion about acupuncture between the committee members and Mr. Richardson ensued.

01:54 PM -- Kristen Forrestal, Office of Legislative Legal Services, answered questions about whether homeopathic substances are defined in statute.

01:56 PM -- Larry Sarner, Colorado Citizens for Science in Medicine, testified in opposition to the bill. He referenced the Harkin Amendment to the federal Patient Protection and Affordable Care Act and provided a copy of the Harkin Amendment to the committee members (Attachment A). Mr. Sarner answered questions about health insurance coverage for acupuncture.

150423 AttachA.pdf

02:03 PM -- Linda Rosa, Advocates for Children in Therapy, testified in opposition to the bill. She discussed research related to acupuncture. She provided a handout to the committee (Attachment B).

150423 AttachB.pdf

02:06 PM -- Valerie Hobbs, Acupuncture Association of Colorado, testified in support of the bill. She discussed acupuncturists use of injection therapies. Ms. Hobbs answered questions about homeopathic substances and possible adverse affects of injection therapies.

02:11 PM

Representative Ginal made concluding remarks about the bill.


BILL:	HB15-1360
TIME:	02:11:53 PM
MOVED:	Ginal
MOTION:	Refer House Bill 15-1360 to the Committee of the Whole. The motion passed on a vote of 10-3.
SECONDED:	Landgraf
		VOTE
	Brown	Yes
	Esgar	Yes
	Humphrey	No
	Joshi	No
	Klingenschmitt	No
	Landgraf	Yes
	Lontine	Yes
	Mitsch Bush	Yes
	Primavera	Yes
	Ransom	Yes
	Ryden	Yes
	Ginal	Yes
	McCann	Yes

Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:12 PM -- SB 15-109

Representative Young presented Senate Bill 15-109. Colorado's Adult Protective Services system, enacted in 1991, is designed to protect vulnerable or at-risk adults who, because of age or mental or physical ability, are unable to obtain services or otherwise protect their own health, safety, and welfare. Under current law, an "at-risk adult" is any person over the age of 18 who meets this criteria and mandatory reporting of abuse is currently required for at-risk elders over the age of 70.

The reengrossed bill expands the mandatory reporting requirement to cover known or suspected abuse of at-risk adults with an intellectual or developmental disability. Mandatory reporters to whom the bill applies includes professions such as:

• doctors, nurses, chiropractors, dentists, pharmacists, and emergency medical service providers;
• medical examiners and coroners;
• hospital and long-term care facility personnel engaged in admission, care, or treatment of patients;
• mental health professionals and social workers;
• clergy members;
• law enforcement and fire protection personnel;
• staff at community-centered boards;
• personnel at banks and financial institutions; and
• home health providers and home care placement agency staff.

In addition, the bill narrows the mandatory reporting requirement for personnel at banks and other financial institutions. Specifically, the requirement to report only applies to personnel who directly observe abuse or exploitation or who have a reasonable cause to believe that abuse or exploitation has occurred or will occur.

Representative Young referenced Senate Bill 13-111, concerning abuse of at-risk adults. He discussed draft amendment L.011 (Attachment C).

150423 AttachC.pdf

02:19 PM

Representative Young answered questions about the draft amendment L.011 and the fiscal note.

02:28 PM -- Scott Storey, Colorado District Attorneys' Council, testified in opposition to the bill. He discussed his concerns about the bill, including the need for additional time for implementation and the intermingling of statutes concerning reporting elder abuse and abuse of adults with intellectual or developmental disabilities. Mr. Story discussed his opposition to language in the bill concerning the requirement that personnel of financial institutions directly observe in person the abuse or exploitation of an at-risk elder or an at-risk adult with an intellectual and developmental disability. He provided a handout (Attachment D) to the committee members. Mr. Story answered questions about his position on the task force created by draft amendment L.011.

150423 AttachD.pdf

02:36 PM -- Rose Mary Zapor, representing herself, testified in opposition to the bill. She stated that she supports creating a task force and expressed her concerns about how the bill addresses financial institutions. Ms. Zapor answered questions about her position on draft amendment L.011 and financial abuse.

02:42 PM -- Mary Catherine Rabbitt, Disability Law Colorado, testified on the bill. She discussed financial abuse.

02:43 PM -- Melissa Schwartz, Denver Public Administrator, testified on the bill. She discussed the role of her office when financial abuse is suspected.

02:46 PM -- Jennifer Waller, Colorado Bankers Association, testified in a neutral capacity. She explained the challenges to financial institutions related to identifying abuse of adults with intellectual and developmental disabilities, disability laws, and electronic banking. She discussed her organization's position on the bill and draft amendment L.011. Ms. Waller answered questions from committee members about the bill and suspected financial abuse reporting by financial institutions.

03:00 PM -- Pat Ratliff, Colorado Counties, Inc., testified on the bill. She discussed draft amendment L.011. She expressed her support for the bill with the amendment.

03:03 PM -- Marijo Rymer, The Arc of Colorado, testified in support of the bill. She discussed the potential abuse of adults with intellectual and developmental disabilities. She stated her support for creating a task force. Ms. Rymer answered questions about how the bill could impact the existing laws for reporting elder abuse. Representative Young answered questions about separating the reporting requirements for abuse of elders and at-risk adults with intellectual and developmental disabilities.

03:07 PM -- Darla Stuart, The Arc of Aurora and the Colorado Cross-Disability Coalition, testified in support of the bill. She relayed stories of abuse of adults with intellectual and developmental disabilities. She provided the committee members with an informational packet (Attachment E).

03:10 PM

The committee members discussed draft amendment L.011 and other potential amendments to the bill. Representative McCann laid the bill over until Tuesday, April 28, 2015.

03:15 PM -- HB 15-1351

Due to the fact that Representative Melton was presenting another bill in another committee, Representative McCann started witness testimony on House Bill 15-1351. The bill requires that any complaint filed with the Division of Professions and Occupations in the Department of Regulatory Agencies against a mental health professional be filed within seven years of an alleged act or failure to act. This bill applies only to complaints concerning violations relating to the maintenance of records for adult patients by regulated mental health professionals. This limitation does not apply to other prohibited professional practices. Covered mental health professionals include psychologists, social workers, marriage and family therapists, professional counselors, addiction counselors, and psychotherapists.

03:16 PM -- Dr. Reo Leslie, Jr., Colorado Mental Health Professionals Association, testified in support of the bill. He provided a written statement (Attachment F). Dr. Leslie answered questions about the bill and record retention by certain health care professionals.

150423 AttachF.pdf

03:21 PM -- Marilyn Cook, Colorado Mental Health Professionals Association, testified in support of the bill. She discussed record keeping by mental health professionals. Ms. Cook answered questions about her position on the bill.

03:24 PM -- Pam Mills, Colorado Mental Health Professionals Association, testified in support of the bill. She discussed the expense of record retention. Ms. Mills answered questions about record retention.

03:28 PM -- Ronne Hines, Department of Regulatory Agencies, answered questions about the bill, the statutes of limitations to file complaints with the Department of Regulatory Agencies for other professions, and whether other states have enacted similar legislation.

03:32 PM

Ms. Mills discussed what could happen if a complaint arose after records are destroyed.

03:33 PM -- Jennifer Delaine Taylor, representing herself, testified in support of the bill. She discussed the storage of electronic health records and false allegations against mental health professionals.

03:36 PM -- Michael Holtby, Denver Therapists Network, testified in support of the bill. He discussed record retention by mental health professionals.

03:38 PM -- James Hoysick, Colorado Mental Health Professionals Association, testified in support of the bill. He discussed his colleagues leaving the mental health profession or moving to other states that have more protections for mental health providers.

03:40 PM -- Michael Lott-Manier, Mental Health America of Colorado, testified in opposition to the bill. He discussed protecting consumers. In response to a question, Mr. Lott-Manier discussed why a complaint may not be filed for longer than seven years. He discussed aligning laws for all health care professionals, rather than establishing a statute of limitations for certain providers. Mr. Lott-Manier answered questions about the involvement of stakeholders concerning the drafting of the bill.

03:53 PM -- Nita Bradford, Coalition Advocates for Rights in Treatment, testified in opposition to the bill. She discussed how the bill would be discriminatory to persons with mental health needs.

03:55 PM

Representative Melton provided closing comments on the bill. Representative Melton answered questions about the bill. Representative McCann laid the bill over until Tuesday, April 28, 2015.

04:03 PM

The committee adjourned.