Senate Committee on Health and Human Services (03/30/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	03/30/2006	ATTENDANCE

Time:	01:41 PM to 02:37 PM	Johnson	X
		Mitchell	*
Place:	SCR 356	Sandoval	X
		Shaffer	*
This Meeting was called to order by		Traylor	*
	Senator Hagedorn	Boyd	X
		Hagedorn	X
This Report was prepared by
	Elizabeth Burger
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-210 SB06-198 HB06-1193 HB06-1351		Postponed Indefinitely Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole

01:41 PM -- Senate Bill 06-210

Senator Tapia introduced SB 06-210 and asked that it be postponed indefinitely.


BILL:	SB06-210
TIME:	01:42:24 PM
MOVED:	Boyd
MOTION:	Postponed indefinitely Senate Bill 06-210. The motion passed 5-0-2.
SECONDED:
		VOTE
	Johnson	Yes
	Mitchell	Excused
	Sandoval	Yes
	Shaffer	Excused
	Traylor	Yes
	Boyd	Yes
	Hagedorn	Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

01:43 PM -- Senate Bill 06-198

Senator Johnson introduced Senate Bill 06-198 and distributed a strike-below amendment, L.002, to the committee (Attachment A). The committee previously heard witness testimony on the bill on Wednesday, March 22. At that time, the bill was laid over unamended. Senator Johnson discussed the provisions of L.002 and stated that the goal of the bill is to simplify the contracting process between health plans and doctors. He explained that instead of a model contract developed by the Commissioner of Insurance, the bill, as amended, will prescribe the headnotes that must be included in the contract. Such headnotes include: termination procedures, which specify that the contract may be terminated by either party after 90 days' written notice; consideration of payment terms, including the methods used for the calculation of any compensation and the fee schedule; dispute resolution procedures; a process for amendments, including a requirement that a health plan give a provider notice prior to enacting any amendments to the contract. He discussed the fiscal note of the bill, stating that the committee that was to develop the standard contract drove the costs of the original fiscal note, and that it is likely that the bill, as amended by L.002, will not have a fiscal impact.

01:57 PM -- Michael Houtari, Executive Director of the Colorado Association of Health Plans, testified that there is no agreement among the health plans that he represents regarding L.002. He stated some reasons for his organization's opposition to the bill, explaining that the provisions of L.002 put the state back in the business of writing contracts, which is contrary to sound business practices. In addition, the amendment does nothing to address the burden and expense of the recontracting process that health insurers will have to undertake if the bill passes. He stated that the health plans support administrative simplification, but that his organization cannot endorse L.002.

02:01 PM -- Alfred Gilcrest and Susan Hamilton, Colorado Medical Society, testified that there has been much negotiation between the health plans and providers regarding Senate Bill 06-198 and that negotiations will continue as the bill moves through the process.

02:03 PM

Senator Johnson stated that the relationship between the health plans and doctors is currently so uneven, it may be unrealistic to expect that any amendment may appease the health plans. He stated that amendment L.002 is a good approach and brings clarity to the contracting process. He responded to questions from Senator Mitchell regarding the portion of the bill that specifies the termination provisions to be included in a contract.

02:07 PM -- Ms. Hamilton returned to the table to respond to questions from Senator Mitchell.

02:08 PM

Senator Mitchell asked if amendments to the Colorado Consumer Protection Act were included in amendment L.002.

02:09 PM -- Mr. Houtari returned to the table to explain that L.002 does not amend the Colorado Consumer Protection Act.


BILL:	SB06-198
TIME:	02:09:42 PM
MOVED:	Johnson
MOTION:	Adopt prepared amendment L.002 (Attachment A). The motion passed 7-0.
SECONDED:
		VOTE
	Johnson	Yes
	Mitchell	Yes
	Sandoval	Yes
	Shaffer	Yes
	Traylor	Yes
	Boyd	Yes
	Hagedorn	Yes
Not Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB06-198
TIME:	02:10:21 PM
MOVED:	Johnson
MOTION:	Refer Senate Bill 06-198, as amended, to the Committee of the Whole. The motion passed 6-1.
SECONDED:
		VOTE
	Johnson	Yes
	Mitchell	No
	Sandoval	Yes
	Shaffer	Yes
	Traylor	Yes
	Boyd	Yes
	Hagedorn	Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:13 PM -- House Bill 06-1193

Senator Hagedorn introduced House Bill 06-1193, and distributed a handout to the committee (Attachment B). He explained that the bill specifies that if a hospital worker makes a good faith report that there has been a violation of the standard practice of care, the individual must use the internal reporting procedures of the health care provider. The bill prohibits a health care provider from taking retaliatory action against a worker for making a report, but does not protect the individual from disciplinary action for other reasons if the disciplinary action complies with existing law.

02:16 PM -- Rebecca Metthys and Linda Hayes, Service Employees International Union Nurse Alliance, testified in support of the bill. Ms. Metthys testified that patients need the reassurance that a nurse can act to correct a violation of a health care standard practice without fear of retaliation from the nurse's employer. Ms. Metthys testified regarding instances of retaliation against nurses who have reported occurrences of substandard care. Ms. Hayes stated that health care is an industry and that health care professionals are often held to a "business guideline."

02:20 PM -- Paula Stearns, Colorado Nurses Association, testified in support of the bill and stated that over half of the states have enacted whistleblower protections for health care workers. She stated that whistleblower protection will help decrease medical errors.

02:22 PM -- Carrie Curtiss, Colorado Consumer Health Initiative, testified in support of the bill.

02:23 PM -- Janet Stephens, Colorado Health and Hospital Association, testified that her organization opposed the original bill, but supports the bill in its current form.


BILL:	HB06-1193
TIME:	02:24:54 PM
MOVED:	Hagedorn
MOTION:	Refer House Bill 06-1193 to the Committee of the Whole. The motion passed 7-0.
SECONDED:
		VOTE
	Johnson	Yes
	Mitchell	Yes
	Sandoval	Yes
	Shaffer	Yes
	Traylor	Yes
	Boyd	Yes
	Hagedorn	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:26 PM -- House Bill 06-1351

Senator Isgar introduced House Bill 06-1351, explaining that the bill continues the Teen Pregnancy and Dropout Prevention Program until September 1, 2010. He distributed a handout to the committee (Attachment C).

02:31 PM -- Robin Baker, Bell Policy Center, testified in support of the bill and distributed two handouts to the committee (Attachments D and E). She stated that the bill helps address the needs of youth in rural communities. Ms. Baker responded to questions from the committee regarding how the program operates and whether or not the program could be expanded statewide.


BILL:	HB06-1351
TIME:	02:37:01 PM
MOVED:	Hagedorn
MOTION:	Refer House Bill 06-1351 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed 7-0.
SECONDED:
		VOTE
	Johnson	Yes
	Mitchell	Yes
	Sandoval	Yes
	Shaffer	Yes
	Traylor	Yes
	Boyd	Yes
	Hagedorn	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:37 PM

The committee recessed.