Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES
Date:05/02/2005
ATTENDANCE
Time:02:38 PM to 07:50 PM
Berens
X
Clapp
X
Place:LSB A
Cloer
X
Green
X
This Meeting was called to order by
Lundberg
X
Representative Boyd
McGihon
E*
Riesberg
X
This Report was prepared by
Soper
X
Whitney Gustin
Stafford
X
Sullivan
X
Weissmann
X
Frangas
X
Boyd
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1343
SB05-207
SB05-221
SB05-202
HR05-1017		Amended, Referred to Committee on Appropriations
Amended, Referred to the Committee of the Whole
Referred to Committee on Appropriations
Referred to Committee on Appropriations
Amended, Referred to the Committee of the Whole


02:40 PM -- House Bill 05-1343

Representative Cloer, sponsor, presented the bill creating a pharmaceutical access program and a pharmaceutical assistance program. He answered questions about the bill's impact on Medicaid reimbursement rates for pharmacies. Representative Green commented on factors contributing to the rising costs of pharmaceuticals. Representative Cloer answered questions about the bill's impact on preferred drug lists and dual eligibles and cost-savings associated with the bill.

The following persons testified.

02:52 PM -- Jeannine Dickerhofe, Kaiser Permanente, spoke against the bill. She discussed concerns regarding cuts to pharmacy reimbursement rates.











02:55 PM -- Chris Howes, Colorado Retail Council, spoke against the bill. He stated the bill may create incentives for pharmacists to dispense brand name drugs instead of generic drugs. He also stated the bill would not achieve projected cost-savings. He answered questions about ways to save money on pharmaceuticals, other states' policies, pharmacy profit margins, and the bill's impact on the proportion of generic drugs sold by pharmacies.

03:06 PM -- Val Kalnins, Colorado Pharmacists Society, spoke against the bill. He discussed a State Auditor's report on the Medicaid prescription drug program.

03:10 PM -- Elsie Lacey, Long-term Care Pharmacy Alliance, spoke against the bill. She discussed pharmacy reimbursement rates. She answered questions about the bill's potential impact on her client and amendments she might favor.

03:15 PM -- Fofi Mendez, Rx Plus Pharmacies, spoke against the bill. She discussed reimbursement rates to pharmacies and cuts to those reimbursement rates in prior years. She answered questions about the impact of the new Medicare prescription drug program on the bill's provisions.

03:23 PM -- Chris Habgood, Mental Health Association of Colorado, spoke in support of the bill. He stated the bill will lead to cost-savings without limiting the availability of prescription drugs.

03:24 PM -- Linda Pryor, Pfizer, discussed research and development done by pharmaceutical manufacturers. She answered questions about cost differences between brand name and generic drugs and the bill's applicability to brand name drugs.

03:39 PM -- Eileen Doherty, Colorado Gerontological Society, spoke in support of the bill. She discussed out-of-pocket costs for consumer prescription drugs, the new Medicare prescription drug program, and the membership of the Gerontological Society.

03:44 PM -- Sue Hall, Colorado Family Physicians, spoke in support of the bill.


03:46 PM

Representative Cloer answered questions from committee members.

03:49 PM -- Barbara Prehmus, Department of Health Care Policy and Financing, answered questions about the bill's fiscal note.

03:53 PM -- Becky Richardson, Office of the State Auditor, discussed findings of the 2004 audit of the Medicaid prescription drug program.













04:00 PM

Representative Cloer distributed and discussed L.001 (Attachment A).
BILL:HB05-1343
TIME: 04:01:19 PM
MOVED:Cloer
MOTION:Adopt L.001. The motion passed without objection.
SECONDED:Frangas
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



























04:02 PM

Representative Cloer and committee members made concluding remarks.
BILL:HB05-1343
TIME: 04:08:08 PM
MOVED:Cloer
MOTION:Refer the bill, as amended, to the Committee on Appropriations. The motion passed 7-6.
SECONDED:McGihon
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
No
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:09 PM -- Senate Bill 05-207

Representative Larson, sponsor, discussed the bill prohibiting smoking in food service establishments (e.g., restaurants). Representative Lindstrom also presented the bill. Representative Larson discussed L.018, a strike below amendment. Representative Lindstrom discussed smoke-free laws in Colorado and other states. A fiscal note memo, amendments L.018, L.022, L.023, and a list of bill supporters were distributed to members (Attachments B through F). Representatives Larson and Lindstrom answered questions about the bill's provisions, public health issues, and personal liberties. Amendments L.024 and L.025 were distributed to members (Attachments G and H).

The following persons testified.

04:42 PM -- Dick Soash, Wembly USA, spoke in support of an amendment to the bill.

04:49 PM -- Wayne Jakino, Colorado Tavern Guild, discussed the impact of smoke-free laws on taverns.








04:54 PM

Representative Larson answered questions about the bill's applicability to taverns.

04:56 PM -- Michael Carlon, MC Marketing and Environmental, LTD, discussed the clean-up work done by his business and studies regarding health implications of smoking. He answered questions about the effectiveness of air filters and the bill's impact on employees.

05:08 PM -- Doug Matlock, Airpro, suggested changes to the bill.

05:13 PM -- Pete Meersman, Colorado Restaurant Association, spoke against local smoking bans and how different establishments will be effected by the bill. He spoke in favor of L.018 and answered questions about licenses for food establishments.

05:25 PM -- Tom Barton, Metro Bar Owners Association, spoke in favor of the reengrossed bill. He answered questions about air purification systems.

05:29 PM -- Chuck Ford, Colorado Licensed Beverage Association, discussed the bill's impact on businesses he represents.


05:36 PM

Members discussed L.025 and other possible amendments to the bill.

05:40 PM -- Erin Bertoli, American Heart Association, spoke in support of the bill and amendment L.018. She discussed the health implications of smoking, the effects of second-hand smoking, and the effectiveness of air ventilation systems.

05:46 PM -- Amy Houtchens, citizen, spoke in support of the bill and discussed her experience as a hospitality worker.

05:50 PM -- Charles Oriez, Sierra Club, spoke in support of the bill and discussed the effects of second-hand smoke.

05:53 PM -- Dr. Don Parsons, Colorado Medical Society, Colorado Public Health Association, and Colorado GASP, spoke in support of the bill. He discussed the effects of smoking bans and the health implications of smoking.















06:01 PM

Committee members and the bill sponsors discussed L.018. Amendment L.026 was distributed to members (Attachment I).
BILL:SB05-207
TIME: 06:12:37 PM
MOVED:Boyd
MOTION:Adopt L.018. The motion passed 8-5.
SECONDED:McGihon
VOTE
Berens
Yes
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
Yes
Not Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


























06:15 PM

Representative Cloer moved L.024. Representative McGihon moved a substitute motion to adopt L.022.
BILL:SB05-207
TIME: 06:18:13 PM
MOVED:McGihon
MOTION:Substitute motion to adopt L.022. The motion passed 7-6.
SECONDED:Boyd
VOTE
Berens
No
Clapp
Yes
Cloer
No
Green
No
Lundberg
Yes
McGihon
Yes
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
No
Boyd
Yes
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


























06:21 PM

Representative Clapp discussed L.026.
BILL:SB05-207
TIME: 06:22:01 PM
MOVED:Clapp
MOTION:Adopt L.026. The motion failed 6-7.
SECONDED:Stafford
VOTE
Berens
No
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
No
Boyd
No
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



























06:23 PM

Representative Clapp moved to amend L.018, page 5, strike line 19.
BILL:SB05-207
TIME: 06:25:55 PM
MOVED:Clapp
MOTION:Amend L.018, page 5, strike line 19. The motion failed 5-7.
SECONDED:Stafford
VOTE
Berens
No
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
Excused
Frangas
No
Boyd
No
Not Final YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL



























06:27 PM

Representative Stafford discussed L.023. Representative Frangas moved to amend L.023, line 3, strike "taxpayer supported". The Frangas motion was withdrawn.
BILL:SB05-207
TIME: 06:36:23 PM
MOVED:Stafford
MOTION:Adopt L.023. The motion failed 3-10.
SECONDED:Lundberg
VOTE
Berens
No
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
No
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
No
Weissmann
No
Frangas
No
Boyd
No
Not Final YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL























06:37 PM

Representative Lindstrom and committee members made concluding remarks.
BILL:SB05-207
TIME: 06:40:06 PM
MOVED:McGihon
MOTION:Refer the bill, as amended, to the Committee of the Whole. The motion passed 8-5.
SECONDED:Riesberg
VOTE
Berens
Yes
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


06:41 PM

The committee recessed.


06:51 PM -- Senate Bill 05-221

Representative Buescher, sponsor, presented the bill regarding a federal Health Insurance Flexibility and Accountability (HIFA) waiver for the state's Medicaid and Child Health Plan Plus (CHP+) programs. A document from the Department of Health Care Policy and Financing was distributed to members (Attachment J). He stated the House and Senate Committees will have the opportunity to review and vote upon the waiver before it is submitted to the federal government. He discussed Colorado Medicaid and CHP+. He answered questions about differences between Medicaid and CHP+ enrollees and durable medical equipment.

The following persons testified.

07:01 PM -- Barbara Prehmus, Department of Health Care Policy and Financing, spoke in support of the bill.






07:06 PM

Representative Buescher answered questions about potential unintended consequences of the bill.

07:09 PM -- Carrie Curtiss, Colorado Consumer Health Initiative, listed organizations that support the bill.


07:11 PM

Representative Buescher answered questions about cost-savings associated with the bill. Members commented on the bill.
BILL:SB05-221
TIME: 07:16:26 PM
MOVED:Frangas
MOTION:Refer the bill to the Committee on Appropriations. The motion passed 13-0.
SECONDED:Clapp
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
Yes
Lundberg
Yes
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


















07:17 PM -- Senate Bill 05-202

Representative Cloer, sponsor, presented the bill repealing the authority of the Department of Human Services to charge a monthly fee to public assistance recipients who receive benefits via the Electronic Benefits Transfer (EBT) System.

The following persons testified.

07:18 PM -- Terri McMaster, Lutheran Advocacy Ministry, spoke in support of the bill.

07:20 PM -- Chaer Robert, All Families Deserve a Chance Coalition, discussed the coalition's work and spoke in support of the bill.


07:23 PM

Members commented on the bill.
BILL:SB05-202
TIME: 07:25:56 PM
MOVED:Clapp
MOTION:Refer the bill to the Committee on Appropriations. The motion passed 13-0.
SECONDED:Green
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
Yes
Lundberg
Yes
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS













07:27 PM -- HR05-1017

Representative McGihon, sponsor, presented the bill creating an interim task force to study alternative health programs. Amendments L.001, L.002, and L.003 were distributed to members (Attachments K, L, M).
BILL:HR05-1017
TIME: 07:40:54 PM
MOVED:McGihon
MOTION:Adopt L.001. The motion passed without objection.
SECONDED:Cloer
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection























BILL:HR05-1017
TIME: 07:41:21 PM
MOVED:McGihon
MOTION:Adopt L.002. The motion passed without objection.
SECONDED:Cloer
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection































07:42 PM

Representative Lundberg discussed L.003.
BILL:HR05-1017
TIME: 07:47:02 PM
MOVED:Lundberg
MOTION:Adopt L.003. The motion failed 6-7.
SECONDED:Stafford
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
No
Boyd
No
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

























BILL:HR05-1017
TIME: 07:48:27 PM
MOVED:McGihon
MOTION:Refer the resolution, as amended, to the Committee of the Whole. The motion passed 8-5.
SECONDED:Green
VOTE
Berens
Yes
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


07:49 PM

The committee adjourned.