House Committee on Judiciary (04/28/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/28/2015	ATTENDANCE

Time:	01:33 PM to 05:18 PM	Becker K.	*
		Carver	X
Place:	HCR 0112	Court	*
		Dore	X
This Meeting was called to order by		Foote	X
	Representative Kagan	Lawrence	*
		Lundeen	X
This Report was prepared by		Pettersen	X
	Bo Pogue	Salazar	X
		Van Winkle	X
		Willett	X
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB15-265 SB15-067		Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

01:34 PM -- SB15-265

The committee was called to order. A quorum was present. Speaker Hullinghorst, prime sponsor, presented Senate Bill 15-265, concerning conditions that must be met before a hospital care lien is created. Speaker Hullinghorst explained the effect of the bill and discussed its need. Speaker Hullinghorst discussed some amendments made to the bill in the Senate.

01:37 PM

The following persons testified regarding SB 15-265:

01:37 PM -- Mr. Scott Hoye and Ms. Beth Vandagriff, representing Denver Health, testified in opposition to the bill. Mr. Hoye explained that the bill will have an adverse financial impact on Denver Health, and discussed the scope of lien activity undertaken by the hospital. Mr. Hoye posed a fact pattern involving a patient with no health insurance for whom Denver Health filed a lien, which resulted in a settlement with an insurance carrier for the party at fault. He explained that Denver Health may have to forego such recoveries if the bill were to pass. Mr. Hoye and Ms. Vandagriff responded to questions regarding current practice concerning reimbursement of payors when a lien subsequently recovers moneys from an insurance carrier or other covering entity. Discussion ensued regarding this hypothetical situation. Mr. Hoye and Ms. Vandagriff responded to further questions regarding the order of recovery for health care bills. Mr. Hoye responded to questions regarding the Medicaid billing process.

01:49 PM

Mr. Hoye responded to questions regarding the options available to a hospital when recovering expenses in a multi-party arrangement, and the impact of a lien on a person's credit rating. Discussion ensued regarding the order of expense reimbursement associated with other hypothetical medical situations. Discussion followed regarding how section one of the bill would operate. Ms. Vandagriff explained Denver Health's expense recovery process under current law.

02:04 PM

Discussion returned to the operability of section 1 of the bill, and the potential for correcting a perceived lack of clarity in this section.

02:11 PM -- Ms. Lorraine Parker, representing the Colorado Trial Lawyers Association, testified in support of the bill. Ms. Parker explained that most hospitals are not currently billing insurance companies before they place liens against patients, and discussed the impact of this policy. Ms. Parker responded to questions regarding efforts on the part of hospitals to maximize their expense recoveries, and how attorneys work in the best interests of their patient-clients in these cases. Ms. Parker responded to further questions regarding the use of "reasonable and necessary" in SB 15-265, and efforts to bill insurance companies.

02:25 PM

Discussion ensued regarding the potential creation of a right of action by the bill on the part of patients to require hospitals to recover insurance proceeds. Discussion returned to potentially confusing language in section 1 of the bill. Ms. Parker responded to questions regarding the effect of the bill in the area of insurance billing by hospitals.

02:34 PM -- Ms. Mary Galloway and Mr. Dan Galloway, representing themselves, testified in support of the bill. Ms. Galloway discussed an automobile accident that resulted in the need for cognitive therapy, and explained how a lien was placed upon her for the costs, which should have been covered by an insurance company. Mr. Galloway provided input regarding his efforts to resolve the billing issue. Discussion ensued regarding the Galloways' predicament.

02:46 PM -- Mr. Robert Shurtleff, representing himself, testified in support of SB 15-265. Mr. Shurtleff recounted an incident during which he was struck by a car, and explained how a lien was filed by the hospital to recover associated expenses despite his provision of insurance information and efforts to obtain a bill for the expenses. Mr. Shurtleff discussed his efforts to resolve the lien. Mr. Shurtleff responded to questions regarding efforts on the part of the hospital to recover costs from an insurance carrier.

02:55 PM

Representative Salazar explained the effect of prepared amendment L.007 (Attachment A).

15HouseJud0428(PM)AttachA.pdf


BILL:	SB15-265
TIME:	02:55:51 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.007 (Attachment A). The motion passed without objection.
SECONDED:	Pettersen
		VOTE
	Becker K.
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

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

02:56 PM

Speaker Hullinghorst provided closing remarks in support of SB 15-265.


BILL:	SB15-265
TIME:	02:57:32 PM
MOVED:	Pettersen
MOTION:	Refer Senate Bill 15-265, as amended, to the Committee of the Whole. The motion passed on a vote of 9-4.
SECONDED:	Salazar
		VOTE
	Becker K.	Yes
	Carver	No
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	No
	Lundeen	No
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	No
	Lee	Yes
	Kagan	Yes

Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:24 PM

The committee recessed.

03:38 PM -- SB15-067

Representative Joshi, prime sponsor, presented Senate bill 15-067, concerning an increase in the class of offense for certain acts of assault against persons engaged in performing their duties as emergency responders. Representative Joshi explained the effect of the bill, and discussed its need. Representative Joshi explained the effect of raising the assault classification under the bill, and the potential deterrent effect of the bill. Discussion ensued regarding the relationship between SB 15-067 and HB 15-1303, and the effect of prepared amendment L.002 (Attachment B). Ms. Jennifer Berman, Office of Legislative Legal Services, provided clarification regarding amendment L.002. Discussion followed regarding the fiscal impact of the bill, particularly with regard to penalty increases. Representative Joshi responded to questions regarding trends in assaults on medical personnel.

15HouseJud0428(PM)AttachB.pdf

03:55 PM

The following persons testified regarding SB 15-067:

03:55 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman explained that the sheriffs are always concerned about the safety of first responders, including medical personnel. Ms. Ackerman responded to questions regarding the penalties that may be assessed under the bill, and the relationship between SB 15-067 and other pending legislation concerning assault on first responders. Discussion returned to the number of assault cases that would be affected by the bill.

04:02 PM -- Mr. Charlie Sheffield, representing the EMS Association of Colorado, testified in support of the bill. Mr. Sheffield discussed the frequency with which emergency medical services providers are assaulted while performing their duties, and supported the inclusion of bodily fluids within the scope of assault under the bill. Mr. Sheffield responded to questions regarding the penalty increases under the bill, and the potential deterrent effect of the bill.

04:08 PM

Ms. Kerry White, Legislative Council Staff, provided input on the fiscal note for SB 15-067, addressing questions raised during earlier discussion. Ms. White responded to questions regarding the fiscal impact of the bill, and assumptions made when calculating prison sentencing and terms for fiscal impact purposes. Discussion ensued regarding the assumptions for convictions reflected in the fiscal note, and the potential for time-in-prison figures to be reduced compared to the fiscal note.

04:23 PM

Discussion ensued regarding the appropriate punishment for the crime affected by the bill, and the penalties levied under SB 15-067. Ms. Berman provided input regarding the penalties prescribed by the bill, and other crimes that carry the same penalties as the bill.

04:34 PM

Discussion continued regarding the types of crimes that carry the same penalties as those that may be levied under SB 15-067.

04:39 PM -- Ms. Jackie Zheleznyak, representing Denver Health, testified in support of the bill. Ms. Zheleznyak read the comments of an emergency room nurse about violence in the emergency room setting. Ms. Zheleznyak discussed the number of assaults that Denver Health employees experience, and noted the merits of the bill. She responded to questions regarding the nature of these assaults.

04:46 PM

Representative Lee explained the effect of amendment L.003 (Attachment C). Discussion ensued regarding the merits of the amendment. Ms. Berman clarified the effect of the amendment. Representative Joshi provided his position on the amendment. Various committee members provided their positions on amendment L.003. Discussion followed regarding a conceptual amendment to the bill.

15HouseJud0428(PM)AttachC.pdf


BILL:	SB15-067
TIME:	04:47:11 PM
MOVED:	Lee
MOTION:	Adopt amendment L.003 (Attachment C). The motion was withdrawn.
SECONDED:	Kagan
		VOTE
	Becker K.
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

05:04 PM

Representative Joshi explained the effect of prepared amendment L.002. Ms. Berman clarified the effect of the amendment.


BILL:	SB15-067
TIME:	05:06:01 PM
MOVED:	Lundeen
MOTION:	Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Lawrence
		VOTE
	Becker K.
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

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

05:09 PM

Representative Joshi provided closing remarks in support of SB 15-067. Various committee members provided their positions on the bill. Discussion ensued regarding the potential for amending the bill on second reading to address certain concerns.


BILL:	SB15-067
TIME:	05:10:27 PM
MOVED:	Lundeen
MOTION:	Refer Senate Bill 15-067, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-3.
SECONDED:	Lawrence
		VOTE
	Becker K.	No
	Carver	Yes
	Court	No
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	No
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

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

05:18 PM

The committee adjourned.