Date: 04/28/2015

Final
BILL SUMMARY for SB15-275

SENATE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Adopt amendment L.001. The motion passed without o
Refer Senate Bill 15-275, as amended, to the Commi
This is a conceptual amendment. Page 3, line 9, st		Pass Without Objection
PASS



02:04 PM -- SB 15-275

Senator Lambert and Senator Carroll, co-prime sponsors, described the provisions of Senate Bill 15-275 that creates a framework for the use by members of the General Assembly of confidential information in the custody of state agencies. They also distributed Amendment L.001 (Attachment A). Members of the General Assembly are encouraged to use confidential information when it is beneficial and necessary. Members of the General Assembly are required to use any confidential information without compromising confidentiality, and may only use confidential information in their consideration of official legislative actions. To effectuate access to health-related information, the bill declares that the General Assembly is a health oversight agency, entitled to handle personal information under the federal HIPAA (health care information) statutes. The bill also modifies the whistleblower statutes applicable to state employees. Under the bill, an appointing authority or supervisor of the state employee may no longer assert that disclosed information is false or confidential as justification for retaliatory action against the employee. The bill specifically prohibits retaliation against employees of a state agency who provide confidential information to a member of the General Assembly.

150428 AttachA.pdf150428 AttachA.pdf

The following persons testified on the bill:

02:15 PM

Bart Miller, Office of Legislative Legal Services, described the provisions of Amendment L.001 and responded to questions from the committee about the amendment. He also discussed the penalties for violations of the Colorado Open Records Act (CORA).

02:26 PM -- Ann Hause, Colorado Department of Public Health and Environment, spoke in opposition to the bill and discussed confidential and proprietary information maintained by the department. She also commented on Amendment L.001.

02:27 PM -- Lyn Snow, Colorado Department of Human Services, spoke in opposition to the bill and discussed confidential and proprietary information maintained by the department. She also explained that she has not had an opportunity to review Amendment L.001.

02:36 PM -- Katherine Mulready, Colorado Hospital Association, spoke in opposition to the bill and discussed confidential information maintained by hospitals. She also discussed the provisions of HIPAA and how it would apply to the General Assembly under the bill.

02:42 PM -- Kate Horle, Colorado Regional Health Information Office, spoke in opposition to the bill and discussed confidential information maintained by her organization. She also discussed the provisions of HIPAA and how it would apply to the General Assembly under the bill.

02:49 PM

Ms. Horle and Ms. Mulready responded to questions from the committee about measures to protect confidential information and their concerns with the bill.

02:52 PM -- John Vecchiarelli, Colorado Department of Revenue, spoke in opposition to the bill and discussed confidential and proprietary information maintained by the department. He also expressed concern about the effect of the bill on the department's ability to access confidential federal tax information.

02:56 PM -- Ron Kammerzell, Colorado Department of Revenue, spoke in opposition to the bill and discussed confidential and proprietary information maintained by the department. He also responded to questions from the committee about his concerns with the bill

03:05 PM -- Caleb Meyer, Colorado Defense Lawyers Association, spoke in opposition to the bill and responded to questions from the committee about his concerns with the bill.

03:19 PM -- Ben Price, Colorado Association of Health Plans, explained his association has not taken a position on the bill. He also expressed concern about the bill and Amendment L.001.

03:27 PM -- Adela Flores-Brennan, Executive Director, Colorado Consumer Health Initiative, explained her organization has not taken a position on the bill. She also expressed concern about the bill and Amendment L.001.

03:29 PM -- Bob Douglas, Department of Health Care Policy and Financing, spoke in opposition to the bill and discussed confidential information maintained by his agency.

03:34 PM -- Denise Maes, American Civil Liberties Union of Colorado, spoke in opposition to the bill and responded to questions from the committee about her concerns with the bill.

03:44 PM

The chair closed testimony on the bill and the committee recessed.

03:54 PM

 Senator Lambert and Senator Carroll closed their remarks on the bill. They also responded to questions from the committee about the bill.


BILL:SB15-275
TIME: 04:15:28 PM
MOVED:Kefalas
MOTION:Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Crowder
Donovan
Kefalas
Martinez Humenik
Ulibarri
Balmer
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB15-275
TIME: 04:16:13 PM
MOVED:Kefalas
MOTION:Refer Senate Bill 15-275, as amended, to the Committee of the Whole. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Crowder
Yes
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Yes
Ulibarri
Yes
Balmer
Excused
Marble
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:SB15-275
TIME: 04:17:21 PM
MOVED:Ulibarri
MOTION:This is a conceptual amendment. Page 3, line 9, strike "INDIVIDUALY, line 10, strike "IDENTIFIABLE" and substitute "REDACTED" The motion passed without objection.
SECONDED:
VOTE
Crowder
Donovan
Kefalas
Martinez Humenik
Ulibarri
Balmer
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:




04:20 PM

The committee recessed.