Bill Summary for Bill Number HB06-1211

Date: 02/06/2006

Final
BILL SUMMARY for HB06-1211

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Adopt L.005. The motion passed without objection. Adopt L.006. Adopt L.008 (Attachment J). The motion passed wit Refer the bill, as amended, to the Committee of th	Pass Without Objection Pass Without Objection Pass Without Objection PASS


BILL:	HB 1079 and HB 1211
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


BILL:	HB 1079 and HB 1211
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


BILL:	HB 1079 and HB 1211
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

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