Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:02/06/2006
ATTENDANCE
Time:01:37 PM to 08:02 PM
Berens
X
Clapp
X
Place:SupCt
Cloer
X
Green
X
This Meeting was called to order by
Lundberg
X
Representative Boyd
McGihon
X
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:
HB06-1126
HB06-1211
HB06-1154
HB06-1170
HB06-1309
HB06-1079		Amended, Referred to the Committee of the Whole
Laid Over
Amended, Referred to Finance
Laid Over
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole

01:38 PM -- House Bill 06-1126

Representative Green, sponsor, presented the bill regarding the safety of children's products. Amendments L.001 through L.005 and L.008 were distributed to members (Attachments A through F). She answered questions about child care providers using unsafe children's products, the bill's provisions regarding retrofitting unsafe products, and the bill's applicability to consignment and used product dealers. She stated the bill targets manufacturers. It is very difficult to apply the bill's provisions to used products retailers and garage sales. Representative Green discussed the use of the term "knowingly" in the bill. She stated that without a paper trail to indicate someone knowingly offers unsafe products to children, violation of the proposed law would be difficult to prove. Representative Green answered questions about reports to district attorneys general and legal damages allowed by the bill.

The following persons testified.

02:10 PM -- Linda Ginzel, Kids in Danger, discussed her young son's death due to a defective crib. She distributed a folder of information to members (a copy was not made available to staff). She stated seven states have adopted legislation similar to HB 1126. She discussed the number of children's products that have been recalled because they are unsafe. She stated the problem of unsafe children's products must be addressed in many different ways.

02:21 PM -- Chris Howes, Colorado Retail Council, discussed amendments to the bill. He stated he will have no objections to the bill if certain amendments are adopted. He answered questions about the bill's provisions regarding retrofitting unsafe products and retailers' civil liability.

02:29 PM -- Jeff Weist, Colorado Civil Justice League, discussed problems associated with "overlabeling" of consumer products. He stated the bill, as introduced, would have resulted in overlabeling. Proposed amendments will fix that problem. He answered questions about the bill's impact on manufacturers' liability and possible legal damages allowed under the bill.

02:35 PM -- Richard Randall, Intertech Labtest, discussed certification of consumer products and unsafe children's products. He stated he would prefer the bill to be more voluntary in nature. He answered questions about how the safety of children's products is determined.

02:46 PM -- Glenn Aaron, Kids in Danger, discussed problems with children's products that are certified to be safe. He talked about failure rates of such products. He stated cribs are particularly likely to be unsafe.

02:52 PM -- Zach Ford, Colorado Child Care Association, stated his support for an amended version of the bill. He stated there is not currently a uniform means for communicating with child care providers regarding such things as unsafe products.

02:55 PM -- Debbie Streeter, citizen, discussed recalls of children's products. She stated a recent recall of a children's bed required only one of two manufacturers to take action. She discussed auctions of used children's products and the safety of old car seats.


03:01 PM
BILL:HB06-1126
TIME: 03:03:26 PM
MOVED:Green
MOTION:Adopt L.003 (Attachment C). The motion passed 9-4.
SECONDED:Cloer
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:06 PM

Representative Green discussed L.004.
BILL:HB06-1126
TIME: 03:06:36 PM
MOVED:Green
MOTION:Adopt L.004 (Attachment D). 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


03:07 PM

Representative Green discussed L.005. She stated the bill adds clarity to the bill.
BILL:HB06-1126
TIME: 03:07:45 PM
MOVED:Green
MOTION:Adopt L.005 (Attachment E). 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


03:08 PM

Representative Cloer discussed L.008. He stated the amendment will allow retrofitting of unsafe products.
BILL:HB06-1126
TIME: 03:10:55 PM
MOVED:Cloer
MOTION:Adopt L.008 (Attachment F). The motion passed 7-6.
SECONDED:Green
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
Yes
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
No
Boyd
No
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:13 PM

Committee members commented on the bill. Representative Green stated the bill does not apply to toys or families' use of unsafe children's products.
BILL:HB06-1126
TIME: 03:19:06 PM
MOVED:Green
MOTION:Refer the bill, as amended, to the Committee of the Whole. The motion passed 10-3.
SECONDED:Sullivan
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



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. Amendments L.005 through L.008 (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, the bill would financially impact providers, 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 on behalf 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 on behalf 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 on behalf 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 on behalf 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.

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 on behalf of HB 1211. She discussed her experience in trying to obtain services. She suggested persons who act as "floating advocates" that investigate provider actions.

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

04:42 PM -- James Tucker, citizen, testified on behalf of HB 1211 and 1017. He discussed his family's experience with long-term care providers. He stated services have sometimes been billed 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 on behalf 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:HB06-1211
TIME: 05:09:39 PM
MOVED:Cloer
MOTION:Adopt L.008. 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:HB06-1211
TIME: 05:11:31 PM
MOVED:Frangas
MOTION:Adopt L.006.
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:HB06-1211
TIME: 05:13:43 PM
MOVED:Frangas
MOTION:Adopt L.005. 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.
BILL:HB06-1211
TIME: 05:16:26 PM
MOVED:Frangas
MOTION:Refer the bill, as amended, to the Committee of the Whole.
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.
BILL:HB 1079 and HB 1211
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



05:26 PM -- House Bill 06-1154

Representative Berens, sponsor, presented the bill creating heirloom birth and marriage certificates. He distributed amendment L.002 and another document to members (Attachments O and P). He discussed how the bill originated and other states that currently offer heirloom certificates.

The following persons testified.

05:35 PM -- Richard Randall, Health Advocacy in the Public Interest, state concerns regarding the bill's provisions regarding transferring money to the Infant
Immunization Program. He suggested transferring that money to the General Fund.

05:42 PM -- Ron Hyman, Department of Public Health and Environment, came to the table to state he could not answer the question regarding funding for the infant immunization program.

05:43 PM -- Rosmary Bakes-Martin, El Paso County Department of Health/Bighorn, distributed copies of other states' heirloom certificates (Attachments Q, R, S). Similar to HB 1154, other states have all established funds to benefit child- or marriage-related programs.

05:47 PM -- Linda Ferry, Colorado Coalition Against Domestic Violence, spoke in support of the bill because the bill may generate funding for private non-profits to fight domestic violence.


05:50 PM

Representative Clapp distributed and discussed amendment L.003 (Attachment T). She stated her desire to transfer unencumbered money to the General Fund. Members commented on the amendment.
BILL:HB06-1154
TIME: 05:56:45 PM
MOVED:Clapp
MOTION:Adopt L.003 (Attachment T). The motion was lost due to the passage of L.002.
SECONDED:Stafford
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: TIE
BILL:HB06-1154
TIME: 05:57:57 PM
MOVED:Weissmann
MOTION:Substitute motion to adopt L.002 (Attachment O). The motion passed 9-3.
SECONDED:Boyd
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Excused
Stafford
No
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


05:59 PM

Representative Weissmann offered a conceptual amendment to strike "at least" where it appears in the bill. Representative Reisberg seconded the motion. Representative Lundberg made a substitute motion for a conceptual amendment to strike "plus at least an additional $10" where it appears in the bill. Representative Stafford seconded the amendment.
BILL:HB06-1154
TIME: 06:02:53 PM
MOVED:Lundberg
MOTION:Substitute motion to adopt conceptual amendment to strike "plus at least an additional $10" wherever it appears in the bill. The motion failed.
SECONDED:Stafford
VOTE
Berens
No
Clapp
Yes
Cloer
No
Green
No
Lundberg
Yes
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
BILL:HB06-1154
TIME: 06:04:16 PM
MOVED:Weissmann
MOTION:Conceptual amendment to strike "at least" wherever it appears in the bill. The motion passed without objection.
SECONDED:Riesberg
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:HB06-1154
TIME: 06:05:08 PM
MOVED:Clapp
MOTION:Conceptual amendment to remove the safety clause and replace it with the standard enacting clause. The motion passed 10-3.
SECONDED:Stafford
VOTE
Berens
No
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


06:07 PM

Committee members commented on the bill. Concerns included the bill's funding provisions.
BILL:HB06-1154
TIME: 06:08:34 PM
MOVED:Berens
MOTION:Refer the bill, as amended, to the Committee on Finance. 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



06:10 PM -- House Bill 06-1170

Representative Weissmann, sponsor, presented the bill defining "alternative health care provider" and establishing a scope of practice. He answered questions about the bill's applicability to accupuncturists, the bill's statute of limitations, the board referred to in the bill, and provider recommendations to discontinue medications.

The following persons testified.

06:19 PM -- Dr. Mark Johnson, citizen, spoke in opposition to the bill. He stated many suggestions made by physicians can be considered alternative and complimentary (e.g., vitamins and exercise). Representative Weissmann discussed a recent sunrise review of alternative care providers.

06:28 PM -- Susan Grubb, American Massage Therapy Association, stated her opposition to the bill and distributed a document to members (Attachment U). She stated her opposition to the bill's definition of massage therapy. She described the association's ethics code regarding sexual misconduct. Representative Weissmann answered questions about amendments he has requested to be drafted.

06:35 PM -- Larry Sarner, National Council Against Health Fraud, stated his opposition to the bill. He stated the bill will gut all health care professional regulation. He described the Health Freedom Act and stated it will allow unlicensed providers to practice medicine. He answered questions about the council and stated it is a non-profit organization of medical professionals and laypersons. He discussed his definition of what it means to practice medicine.

06:46 PM -- Charlie Hebeler, Colorado Dental Association, stated her support for amendments to the bill.

06:51 PM -- Les Sweeney, Associated Bodywork and Massage Professionals, stated massage therapy is not regulated by the state of Colorado. Certification typically comes with graduation from a program. He stated the bill's current definition of massage therapy may create confusion for the public.

06:56 PM -- Joanie Sevcik-Weichbrodt, Colorado Coalition for Natural Health, spoke in support of the bill. Persons she represents stood up in the audience and stated their names.

06:57 PM -- Kim Green, Colorado Citizens for Health Freedom, spoke in support of the bill.

07:00 PM -- Greg McHugh, Colorado Association of Psychotherapists, discussed the practice of psychotherapy. He stated concerns regarding unlicensed providers practicing psychotherapy.

07:03 PM -- Boyd Landry, Coalition for Natural Health, described his work in other states to draft legislation similar to HB 1170. He stated the bill recognizes the need for consumers to have choice as well as safety in their health care.


07:09 PM

Representative Boyd pulled the bill off the table for action at a later date.
07:09 PM -- House Bill 06-1309

Representative McGihon, sponsor, presented the bill increasing the authority of the Air Quality Control Commission to make changes to the State Implementation Plan (SIP). She described differences between HB 1309 and HB 1113

The following persons testified.

07:11 PM -- Heidi Wagner, Tristate Generation and Transmission, spoke in opposition to the bill. She stated it creates duplicative regulations. She answered questions about how Tristate will respond to changes in clean air regulations. Representative Reisberg discussed his position on maintaining clean air in Colorado. Ms. Wagner discussed Colorado's SIP and state-only clean air laws. She described a current court case regarding the New Source Review (NSR) program.

07:28 PM -- Ray Clifton, Colorado Rural Electric Association, stated his opposition to the bill. He stated the country's air quality is continuing to improve regardless of regulation. Air quality is a regional issue, and western states have some of the country's cleanest air. Mr. Clifton stated stringent regulations will cause the loss of economic benefits to Colorado.

07:34 PM -- Diane Orf, Colorado Mining Association, CEED, and Colorado Springs Utilities, spoke in opposition to the bill. She discussed issues related to increase mercury emissions.

07:37 PM -- Stan Dempsey, Colorado Petroleum Association, spoke in opposition to the bill. He discussed 1992 legislation that prohibited the adoption of SIP language that is more stringent than federal standards. He discussed the bill's agricultural exemption, the oxygenated fuels program, and NSR revisions.

07:47 PM -- Donna Moody, Colorado Association of Commerce and Industry, spoke in opposition to the bill. She answered questions about regulations that are more or less stringent than federal laws.

07:50 PM -- Kristen Thomson, Rocky Mountain Farmers Union, spoke in support of the bill. She stated the use of biofuels will bring benefits to rural communities.

07:51 PM -- Greg Thomas, City and County of Denver, spoke in support of the bill. He discussed industry's opposition to NSR requirements. He listed the membership of the Local Government Coalition.

07:54 PM -- Vicki Patton, Rocky Mountain Environmental Defense, discussed recent Montana actions on NSR. She distributed two documents to members (One was made available to staff (Attachment W).


07:57 PM

Representative McGihon made concluding remarks.
BILL:HB06-1309
TIME: 07:58:51 PM
MOVED:Cloer
MOTION:Substitute motion to postpone indefinitely. The motion failed 4-7.
SECONDED:Lundberg
VOTE
Berens
Yes
Clapp
Excused
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Excused
Weissmann
No
Frangas
No
Boyd
No
Not Final YES: 4 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1309
TIME: 07:59:43 PM
MOVED:McGihon
MOTION:Refer the bill to the Committee of the Whole. The motion passed 7-4.
SECONDED:Riesberg
VOTE
Berens
No
Clapp
Excused
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Excused
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 7 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS


08:02 PM

The committee adjourned.
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.