Date: 02/06/2006

Final
HB 1079 and HB 1211

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
<none><none>




03:21 PM -- House Bill 06-1211 and House Bill 06-1079

Representative Frangas, sponsor, presented House Bills 1079 and 1211 regarding sanctions and penalties against providers under the Medicaid program. House Bill 1079 amendments L.005 through L.008 were distributed to members (Attachments G through J).

The following persons testified on HB 1211 and/or 1079.

03:24 PM -- Barry Rosenberg, PASCO, stated his opposition to HB 1211.

03:29 PM -- Ellen Caruso, Homecare Association of Colorado, stated her opposition to HB 1211. She stated the bill will increase the cost of doing business in the state through such means as increased insurance costs. She answered questions about how problems are resolved by homecare providers, how the bill would financially impact providers, and current consumer protections against retaliation by providers. She stated the Colorado Department of Public Health and Environment (CDPHE) has a consumer complaint phone line.

03:41 PM -- Arlene Miles, Colorado Healthcare Association, addressed HB 1211 and 1079. She requested that nursing facilities be removed from 1079 to avoid duplication of other statutes. She discussed current civil money penalties in statute. She described current provider appeals processes that include administrative law judges and CDPHE. She answered questions about possible conflicts between 1211 and current law.

03:48 PM -- Julie Reiskin, Colorado Cross Disabilities Coalition, spoke in support of HB 1211 and HB 1079. She distributed three documents to members (Attachments K, L, and M).

03:54 PM -- Joe Beaver, citizen, testified in favor of HB 1211 and 1017. He discussed work he has done on behalf of the disabled community.

03:57 PM -- Sheila Hicks, Colorado Cross Disabilities Coalition, testified in favor of HB 1211. She stated retaliation by providers against patients does occur. She related her own experiences with such situations. She answered questions about the bill's impact on providers.

04:06 PM -- Michael McCarty, citizen, discussed issues related to provider retaliation.

04:07 PM -- Patrick Zimmerman, Colorado Cross Disabilities Coalition, testified regarding HB 1211. He stated there is no protection against retaliation. He discussed his experience in foster care and a mental health institute.

04:11 PM -- Alana Zimmerman, citizen, testified in favor of HB 1211. She discussed her family's experience with long-term care providers, retaliation, and fraudulent Medicaid billing. She answered questions about what happens to persons after services are terminated by a provider.

04:18 PM -- Sheryl Dorsett, citizen, testified in favor of HB 1211. She discussed her son's experience with long-term care. He receives services from a home care provider. She stated the provider has billed Medicaid incorrectly in the past.

04:23 PM -- Shannon Polewcheck, citizen,testified on behalf of HB 1211 and 1017. She discussed retaliation by home health agencies. Such actions included discontinuation of services and the firing of a provider who advocated on behalf of her son.

04:28 PM -- Donna Sablan, citizen, testified regarding HB 1211. She described her family's experience with a mental health care provider, social services, foster care, and provider retaliation.

04:32 PM -- Diane Inscoe, citizen, testified in favor of HB 1211. She discussed her experience in trying to obtain services. She suggested having persons who act as "floating advocates" that investigate provider actions.

04:37 PM -- Christina Johnson, citizen, testified in favor of 1211. She discussed her experience with mental health care.

04:42 PM -- James Tucker, citizen, testified in favor of HB 1211 and 1017. He discussed his family's experience with long-term care providers. He stated services have sometimes been billed to Medicaid when they have not been provided. He stated most agencies are lacking both socially and culturally. He stated reform is necessary to address retaliation.

04:48 PM -- Mark Simon, citizen, testified in favor of HB 1211 and 1017. He distributed a copy of his testimony to members (Attachment N).

04:56 PM -- Rhonda Bentz, Department of Health Care Policy and Financing, spoke in support of HB 1079. She stated the department hopes the bill will reduce any illegal activities by providers.


04:58 PM

Representative Boyd pulled HB 1211 off the table for action at a later date. The committee began action on HB 1079. Representative Frangas discussed L.007. Committee members commented on the bill and testimony provided on the bill. Representative Cloer discussed L.008. He stated the amendment would exempt long-term care facilities from the bill.
BILL:HB06-1079
TIME: 05:09:39 PM
MOVED:Cloer
MOTION:Adopt L.008 (Attachment J). The motion passed without objection.
SECONDED:Clapp
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:HB06-1079
TIME: 05:11:31 PM
MOVED:Frangas
MOTION:Adopt L.006 (Attachment H). The motion passed without objection.
SECONDED:Sullivan
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


05:11 PM

Representative Frangas discussed L.005.
BILL:HB06-1079
TIME: 05:13:43 PM
MOVED:Frangas
MOTION:Adopt L.005 (Attachment G). The motion passed without objection.
SECONDED:Green
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


05:14 PM

Representative Frangas made concluding remarks. He stated the bill will offer protection to both Medicaid clients and providers. Committee members commented on the bill.
BILL:HB06-1079
TIME: 05:16:26 PM
MOVED:Frangas
MOTION:Refer the bill, as amended, to the Committee of the Whole. The bill 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


05:18 PM

The committee recessed.