Date: 03/06/2006

Final
BILL SUMMARY for SB06-121

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt a conceptual amendment to require two physic
Refer the bill to the Committee of the Whole. The		FAIL
PASS


03:50 PM -- Senate Bill 06-121

Representative Riesberg, sponsor, presented the bill allowing surrogate decision-makers to help persons choose health care benefits. He stated the implementation of Medicare Part D created a need for the bill's provisions. He described an example of someone who is going without his medications because he has not been able to choose a Medicare Part D insurance plan. He answered questions about provisions for appealing surrogate decision makers and/or the decisions they make on behalf of someone else. He distributed two documents to committee members (Attachments F and G).

The following persons testified:

03:58 PM -- Valerie Corzine, Legal Center for People for Disabilities and Older People, described how she became aware of the need to have surrogate decision makers for some people who are eligible for Medicare Part D. She stated current guardianship proceedings would protect persons who wish to remove a surrogate decision maker. She answered questions about the characteristics and number of persons who may benefit from the bill. She discussed the immunity of surrogate decision makers, training for decision makers, current assistance available to persons who are trying to decide upon a Medicare plan, the population targeted by the bill, and medical treatment decisions.

04:18 PM -- Carl Glatstein, Elder Law Section, Colorado Bar Association, spoke in support of the bill. He stated the bill addresses the needs of truly isolated individuals who do not otherwise have proxy decision makers. He answered questions about protections against incompetence of decision makers.

04:22 PM -- Cameron Graham, AARP, described AARP's initial concerns with the bill and protections for persons who lack cognitive capacity. He stated choosing a Medicare Part D plan is one of the most difficult health-related decisions to make. He answered questions about AARP's role in helping seniors choose Part D plans.

04:26 PM -- Frank Lay, Colorado Alliance for Retired Americans, described his study and knowledge of Medicare Part D insurance plans. He described how persons can become enrolled in a Part D plan that does not serve their needs. Representative Riesberg answered questions about the bill's provisions.

04:33 PM -- Sheila Hicks, Colorado Cross Disability Coalition, discussed difficulties in choosing an appropriate Part D plan. She expressed concerns regarding the scope of the bill and the qualifications of surrogate decision makers. She answered questions about the implications of being determined incapable of make health benefit decisions.


04:43 PM

Representative Riesberg made concluding remarks. He stated the bill fills a void in Colorado law. Representative Cloer moved a conceptual amendment to require two physicians instead of one to make determinations regarding a patient's decisional capacity. Representative Riesberg stated only one physician is required to determine a proxy decision maker for a patient's other health-related decisions.
BILL:SB06-121
TIME: 04:53:39 PM
MOVED:Cloer
MOTION:Adopt a conceptual amendment to require two physicians instead of one to make determinations regarding a patient's decisional capacity.
SECONDED:Berens
VOTE
Berens
Yes
Cloer
Yes
Green
No
Kerr
Yes
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Excused
Weissmann
No
Frangas
No
Boyd
No
Not Final YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


04:57 PM

Committee members commented on the bill. Representatives Frangas, Green, and Cloer stated their concerns with the bill. Representative Green described an amendment she may offer on the bill at a later time.
BILL:SB06-121
TIME: 05:02:56 PM
MOVED:Riesberg
MOTION:Refer the bill to the Committee of the Whole. The bill passed 7-5-1.
SECONDED:Boyd
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



05:13 PM

The committee adjourned.