Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:02/13/2006
ATTENDANCE
Time:01:40 PM to 04:55 PM
Berens
X
Cloer
*
Place:HCR 0112
Green
X
Kerr
*
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:
HB06-1186
HB06-1177
HB06-1255
HB06-1265
HB06-1252
HB06-1170		Referred to Appropriations
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to Appropriations
Amended, Referred to Appropriations


01:42 PM -- House Bill 06-1186

Representative White, sponsor, presented the bill regarding the timely determination of eligibility for Medicaid. He stated some counties are not processing Medicaid applications in a timely manner. He stated some Medicaid providers have not been reimbursed for up to one year for services they have provided to Medicaid clients. He answered questions about how the bill might improve the timeliness of payments to providers.

The following persons testified.

01:49 PM -- Pat Ratliff, Colorado Counties, Inc., stated her opposition to the bill. She stated "substantially complete" application is the crux of the issue for counties. Counties continue to struggle with incomplete applications, especially for long-term care clients. She answered questions about types of problems encountered on applications. Representative Berens described the bill as creating a process where there currently is none. Ms. Ratliff discussed the counties' desire for a broader approach to Medicaid application and eligibility determination problems. Representative White stated $12 to $13 million is currently owed to Medicaid providers for services already provided.






02:05 PM -- Ed Kahn, Colorado Center on Law and Policy, stated his groups includes attorneys for the plaintiffs in the CBMS (Colorado Benefits Management System) lawsuit against the state. He stated his opposition to the bill and listed specific objections to the bill. These include the lack of a "hold harmless" clause for applicants. He answered questions about his idea for a better solution to the problem of late processing of Medicaid applications. He stated CBMS continues to have significant problems.

02:12 PM -- Dana Olson, Laurel Manor Care Center, described her work on a task force to resolve provider reimbursement problems in Colorado Springs. Approximately $2 million is owned by Medicaid to these providers. She described a situation faced by a long-term care provider who had to write off $35,000 due to a patient ultimately being determined ineligible for Medicaid.

02:17 PM -- Chris Cosgrove, The Spearly Center, stated 80 percent of the clients in her long-term care center are Medicaid enrollees. She described problems encountered by patients when their Medicaid eligibility is delayed. She answered questions about incomplete Medicaid applications. She stated the center has had to wait up to three years for an application to be processed by the county.

02:22 PM -- John Brammeier, Pinon Management, stated Pinon manages 17 long-term care facilities in Colorado. He described cash flow problems encountered by facilities when Medicaid reimbursement is delayed. Because of low margins, delayed reimbursements can affect a facility's ability to meet payroll. He stated the bill will create incentives and accountability among the counties and state. He answered questions about the current availability of grievance processes.

02:34 PM -- Janet Fox Stephens, Colorado Health and Hospital Association, stated the association's highest legislative priority is the uninsured. HB 1186 goes a long way to make sure Medicaid eligibles are covered by the program.

02:37 PM -- Deborah Isner, Parkmoor Village Health Care Center, stated Medicaid applications processing has been an ongoing problem for her facility. She stated her facility is currently awaiting almost $600,000 in Medicaid reimbursements. At this time, she will not admit any other Medicaid-pending clients to her facility due to the uncertainty of application processing. Problems with Medicaid reimbursements have negatively affected her staff.

02:41 PM -- Bob Jones, Life Care Centers of America, stated half of his clients are Medicaid clients. He stated his company has approximately $1 million in outstanding Medicaid reimbursements. Counties that are slow to process Medicaid applications have indicated problems are due to insufficient staffing.

02:45 PM -- Janet Snipes, Holly Heights Nursing Home, stated she stopped accepting Medicaid-pending clients a few years ago. She described timely filing requirements providers must adhere to when requesting reimbursement. Representative White answered questions about possible penalties against counties that do not process applications in a timely manner.















02:52 PM -- Arlene Miles, Colorado Healthcare Association, described her work with the Department of Health Care Policy and Financing to resolve approximately $14 million in outstanding reimbursements to long-term care facilities. She stated current law already allows the state to process delayed Medicaid applications. House bill 1186 changes the law so that the state will be required to process an application at a provider's request. Ms. Miles answered questions about current remedies for addressing outstanding Medicaid reimbursements and reasons for delayed application processing.

03:07 PM -- Jennifer Miles, Colorado Community Health Network, stated the community health centers face many of the same reimbursement experienced by long-term care providers. Representative White answered questions about seeking payments from individual recipients.


03:12 PM

Representative White made concluding remarks. He stated delayed applications have caused problems for individuals and providers alike. Committee members discussed reasons for their votes.
BILL:HB06-1186
TIME: 03:16:51 PM
MOVED:Cloer
MOTION:Refer the bill to the Committee on Appropriations. The bill passed 9-4.
SECONDED:Stafford
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
Yes
Lundberg
Yes
McGihon
No
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
No
Weissmann
Yes
Frangas
No
Boyd
No
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS















03:18 PM -- House Bill 06-1177

Representative McGihon, sponsor, presented the bill continuing the Asbestos Control Program. She answered questions about treating different types of asbestos differently in regulation and statute. Representative Lundberg distributed and discussed amendment L.001 to members (Attachment A).

The following persons testified.

03:23 PM -- Howard Roitman, Colorado Department of Public Health and Environment, stated his support for the bill. He and Representative McGihon answered questions about treating different types of asbestos differently. Representative Lundberg described asbestos as a term to describe a variety of minerals that possess a common trait.

03:31 PM -- Peter Cappel, Colorado Wyoming Insulators and Contractors Association, spoke in support of the bill. He discussed the federal definition for and the regulation of asbestos.


03:33 PM

Representative McGihon made concluding remarks. She discouraged passage of L.001. Representative Lundberg described the requirements included in L.001.
BILL:HB06-1177
TIME: 03:36:59 PM
MOVED:Lundberg
MOTION:Adopt L.001 (Attachment A). The motion failed 6-7.
SECONDED:Stafford
VOTE
Berens
Yes
Cloer
Yes
Green
No
Kerr
Yes
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
No
Boyd
No
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1177
TIME: 03:38:21 PM
MOVED:McGihon
MOTION:Refer the bill to the Committee of the Whole. The bill passed 11-2.
SECONDED:Green
VOTE
Berens
Yes
Cloer
No
Green
Yes
Kerr
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:39 PM -- House Bill 06-1255

Representative Judd, sponsor, presented the bill adopting federal requirements regarding 12-month permanency hearings for juveniles. Amendment L.001 was distributed to members (Attachment B).

The following person testified.

03:47 PM -- David Bennet, Division of Youth Corrections, Department of Human Services, answered questions about youth affected by the bill, including those placed out of the home by the Division and those placed through probation. He discussed current requirements regarding permanency hearings for children placed out of the home.



















BILL:HB06-1255
TIME: 03:54:49 PM
MOVED:Riesberg
MOTION:Adopt L.001 (Attachment B). The motion passed without objection.
SECONDED:Weissmann
VOTE
Berens
Cloer
Green
Kerr
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:HB06-1255
TIME: 03:56:18 PM
MOVED:McGihon
MOTION:Refer the bill, as amended, to the Committee of the Whole. The bill passed 10-3.
SECONDED:Riesberg
VOTE
Berens
Yes
Cloer
No
Green
Yes
Kerr
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





03:57 PM -- House Bill 06-1265

Representative Frangas, sponsor, presented the bill requiring the distribution of lead paint pamphlets by building renovators.

The following person testified.

03:59 PM -- Howard Roitman, Colorado Department of Public Health and Environment, stated the bill gives the department the authority to enforce a current department policy.


04:00 PM

Representative Frangas made concluding remarks.
BILL:HB06-1265
TIME: 04:02:50 PM
MOVED:Frangas
MOTION:Refer the bill to the Committee of the Whole. The bill passed 12-1.
SECONDED:Cloer
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:04 PM -- House Bill 06-1252

Representative Frangas, sponsor, presented the bill creating provisions to maximize prescription drug discounts to Coloradans. These provisions include the creation of the Colorado Cares Rx and the Colorado Rx Clearinghouse and the utilization of the federal 340 B drug pricing program. Representative Frangas stated the bill includes provisions he hopes will be viewed favorably by the Governor. The following amendments were distributed to members: L.001 through L.007 (Attachments C through I).









04:09 PM -- Julie Reiskin, Colorado Cross Disability Coalition, spoke in favor of the bill.

04:11 PM -- Michael McGuire and AW Schnelbacker, AARP, stated their neutral position on the bill.

04:16 PM -- John Stoffel, Alliance for Retired Americans, stated his support of the bill

04:18 PM -- Chris Hapgood, Mental Health Association of Colorado, stated his support for the bill.


04:20 PM

Representative Frangas discussed L.007. He stated it includes provisions that he hopes will save the bill from a Governor's veto.
BILL:HB06-1252
TIME: 04:23:42 PM
MOVED:Frangas
MOTION:Adopt L.007 (Attachment I). The motion passed without objection.
SECONDED:Green
VOTE
Berens
Cloer
Green
Kerr
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

















04:24 PM

Representative Frangas discussed L.006.
BILL:HB06-1252
TIME: 04:24:56 PM
MOVED:Frangas
MOTION:Adopt L.006 (Attachment H). The motion passed without objection.
SECONDED:Boyd
VOTE
Berens
Cloer
Green
Kerr
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



























04:25 PM

Representative Frangas made concluding remarks. Representative Cloer stated his support for the bill.
BILL:HB06-1252
TIME: 04:26:53 PM
MOVED:Frangas
MOTION:Refer the bill, as amended, to the Committee on Appropriations. The bill passed 12-1.
SECONDED:Cloer
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS




























04:28 PM -- House Bill 06-1170

Representative Weissmann, sponsor, distributed and discussed amendment L.004, a strike below amendment (Attachment J). Representative Cloer distributed and discussed amendment L.005 (Attachment K). Amendment L.006 was also distributed to members (Attachment L).
BILL:HB06-1170
TIME: 04:35:41 PM
MOVED:Cloer
MOTION:Adopt L.005 (Attachment K). The motion passed 9-4.
SECONDED:Stafford
VOTE
Berens
Yes
Cloer
Yes
Green
No
Kerr
Yes
Lundberg
Yes
McGihon
No
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
No
Not Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1170
TIME: 04:36:47 PM
MOVED:Cloer
MOTION:Adopt L.006 (Attachment L). The motion passed 12-1.
SECONDED:Stafford
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
Yes
Lundberg
Yes
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
Yes
Not Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1170
TIME: 04:46:42 PM
MOVED:Weissmann
MOTION:Adopt L.004 (Attachment J). The motion passed 11-2.
SECONDED:McGihon
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
No
Lundberg
Yes
McGihon
Yes
Riesberg
No
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1170
TIME: 04:49:54 PM
MOVED:Weissmann
MOTION:Refer the bill, as amended, to the Committee on Appropriations. The bill passed 11-2.
SECONDED:Green
VOTE
Berens
Yes
Cloer
Yes
Green
No
Kerr
No
Lundberg
Yes
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:54 PM

The committee adjourned.