Date: 04/23/2015
Final
BILL SUMMARY for SB15-109
HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT
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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.