Date: 02/20/2006

Final
BILL SUMMARY for HB06-1193

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt L.001 (Attachment Q). The motion passed with
Refer the bill, as amended, to the Committee of th		Pass Without Objection
PASS


07:50 PM -- House Bill 06-1193

Representative M. Carroll, sponsor, presented the bill creating protection for health care workers alleging health care practice violations. She distributed a document and amendment L.001 to committee members (Attachments P and Q). She stated the bill prohibits employers from firing workers for making such reports.

The following persons testified.

07:55 PM -- Mike Feeley and Janet Fox Stephens, Colorado Health and Hospital Association, came to the table to oppose the bill together. Mr. Feeley described current state whistleblower protection laws. He stated federal whistleblower protection will go into effect in the near future. Ms. Fox Stephens discussed hospitals' attention to quality of care. She stated mechanisms are already in place to facilitate reporting violations. She listed entities and laws that currently regulate private and public hospitals. Mr. Feeley discussed current civil actions available to whistleblowers.

08:05 PM -- Don Mielke, Colorado Chiropractic Association, stated his concerns with the scope of the bill and its affect on all types of health care employers. He raised questions about the bill's impact on small employers in particular and reports made by employees in bad faith.

08:11 PM -- Arlene Miles, Colorado Healthcare Association, spoke against the bill for a number of reasons, including her opinion that it is duplicative of current law. She also stated the bill addresses a nonexistent problem.


08:16 PM

Representative M. Carroll stated the bill provides an "opportunity to cure." She described the limited nature of hotlines and current whistleblower protection.

08:22 PM -- Sara Gagliardi, Rebecca Mathys, Linda Hayes, and Maria Fenwick, SEIU Nurse Alliance, came to the table to testify together. Ms. Mathys described retribution against nurses who have spoken out against health care practice violations. She stated 20 other states have laws similar to HB 1193. Ms. Hayes answered questions about problems whistleblowers have experienced in Colorado. Ms. Gagliardi stated the lack of Colorado whistleblower anecdotes is due to a lack of protection for whistleblowers. Ms. Fenwick discussed her family's experience with health care practice violations.
BILL:HB06-1193
TIME: 08:36:14 PM
MOVED:Boyd
MOTION:Adopt L.001 (Attachment Q). The motion passed without objection.
SECONDED:Green
VOTE
Berens
Cloer
Green
Kerr
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Excused
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


08:36 PM

Representative M. Carroll made concluding remarks. She answered questions about how many whistleblowers will benefit under the bill and how the bill will impact current provider processes for dealing with whistleblowers. She distributed copies of witness testimony (Attachments R and S).
BILL:HB06-1193
TIME: 08:41:12 PM
MOVED:Green
MOTION:Refer the bill, as amended, to the Committee of the Whole. The bill passed 7-5-1.
SECONDED:Weissmann
VOTE
Berens
No
Cloer
No
Green
Yes
Kerr
No
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Excused
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS