Date: 03/13/2006

Final
BILL SUMMARY for SB06-087

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt L.008 (Attachment H). The motion passed 9-3
Postpone the bill indefinitely. The motion passed
Refer the bill, as amended, to the Committee of th		PASS
PASS
FAIL


02:47 PM -- Senate Bill 06-087

Representative Frangas, sponsor, presented the bill requiring that a patient be informed of the requirement that a positive test result on certain diseases be reported to the Department of Public Health and Environment (DPHE). Amendments L.007 and L.008 were distributed to committee members (Attachment G and H).

The following persons testified.

02:53 PM -- Dr. Richard Vogt, Public Health Directors and Tri-County Health Department, spoke in opposition to the bill. He distributed two documents, including a copy of his testimony, to committee members (Attachments F and G). He stated the bill's provisions are impracticable and will increase health care costs. He suggested changing the bill to conform with HIPAA (federal Health Insurance Portability and Accountability Act) confidentiality disclosure requirements. He also suggested requiring displaying a poster notifying patients of reporting requirements. He describing current law on "notifiable diseases" (those illnesses that must be reported to DPHE). Representative Frangas posed questions to the witness regarding patients' right to know about disclosure of diagnoses to DPHE and health record confidentiality. Dr. Vogt described processes currently followed if someone were to be diagnosed with avian influenza or another notifiable illness. He discussed patient confidentiality issues. He discussed the Colorado Electronic Disease Reporting System and periodic changes to the list of notifiable diseases.

03:20 PM -- Dr. Debra Hall, citizen, spoke against the bill. She stated the bill effectively allows voluntary reporting of transmissible diseases. She described her work with pregnant women. She stated the bill may negatively affect partner notification and the health of a fetus. She answered questions about disclosure of information to patients.

03:28 PM -- Dr. Don Parsons, Colorado Public Health Association, spoke in opposition to the bill. He stated there are approximately 65 notifiable diseases. He stated he thinks the bill will, de facto, make testing and notification of certain diseases voluntary. Such a situation will prevent health care providers from carrying out their responsibilities. He stated health care literacy can only be addressed through conversations between patients and providers and not through forms or posters. He answered questions about the time frame for responding to notifiable diseases.

03:46 PM -- Becky Fuller, citizen, spoke in support of the bill. She described her and her family's experience with a reportable condition. She described patients' expectation of confidentiality of medical records. She answered questions about public disclosure of health care information. Representative Frangas answered questions about the bill's affect on the reporting of communicable diseases.

04:06 PM -- Sheila Hicks, Colorado Cross Disability Coalition, spoke in support of the bill. She described her experience with disease notifications from the state department of health. She stated the bill would not prevent people from going to the doctor and being tested.

04:12 PM -- Dr. Ned Calonge, Chief Medical Officer, Department of Public Health and Environment, answered questions about anonymous testing for certain diseases and current law regarding disease reporting. He stated the question posed by the bill is whether the balance between personal rights and public health needs to be changed. He answered questions about patient notification of positive test results.


04:28 PM

Representative Frangas and other committee members discussed L.008. Comments included concerns with the likelihood that patients will refuse testing and treatment of communicable diseases.
BILL:SB06-087
TIME: 04:33:55 PM
MOVED:Frangas
MOTION:Adopt L.008 (Attachment H). The motion passed 9-3-1.
SECONDED:Lundberg
VOTE
Berens
Yes
Cloer
Yes
Green
No
Kerr
Yes
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
Yes
Stafford
Yes
Sullivan
Excused
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:35 PM

Representative Frangas made concluding remarks. He stated the bill strikes a balance between patients' right to know and public health interests. Representative Stafford discussed her appreciation for the hard work on the bill. Representative McGihon stated her agreement with Representative Stafford.
BILL:SB06-087
TIME: 04:38:40 PM
MOVED:Frangas
MOTION:Refer the bill, as amended, to the Committee of the Whole. The motion failed 5-7-1.
SECONDED:Weissmann
VOTE
Berens
No
Cloer
No
Green
No
Kerr
No
Lundberg
Yes
McGihon
No
Riesberg
Yes
Soper
No
Stafford
No
Sullivan
Excused
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:SB06-087
TIME: 04:41:03 PM
MOVED:Stafford
MOTION:Postpone the bill indefinitely. The motion passed 9-3-1.
SECONDED:McGihon
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Excused
Weissmann
No
Frangas
No
Boyd
Yes
Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS



04:43 PM

The committee adjourned.