Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:02/15/2006
ATTENDANCE
Time:10:53 AM to 01:20 PM
Berens
X
Cloer
X
Place:HCR 0112
Green
X
Kerr
X
This Meeting was called to order by
Lundberg
X
Representative Boyd
McGihon
X
Riesberg
*
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:
HB06-1266
HB06-1271
HB06-1318
HB06-1207		Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Laid Over


10:53 AM -- House Bill 06-1266

Representative Larson, sponsor, presented the bill regarding the recovery of fraudulently obtained public assistance. The bill specifically targets payments for which a judgment has been issued. Representative Larson distributed and discussed amendment L.001 (Attachment A). He stated portions of the bill will bring state law into compliance with federal requirements. He answered questions about payments mistakenly made due to problems with CBMS (Colorado Benefits Management System). He discussed the bill's fiscal note and stated CBMS will be affected by the bill.

The following persons testified.

11:02 AM -- Charissa Hammer, Colorado Welfare Fraud Council, discussed the work of the council. She answered questions about recovery of tax returns and felony welfare fraud.

11:06 AM -- Gerald Garcia, Colorado Welfare Fraud Council, stated the bill will facilitate the recovery of wrongly-paid public assistance. He answered questions about the population targeted by the bill, penalties against persons who receive overpayments of cash benefits, how much public assistance is fraudulently obtained, and recourse available against persons who have moved out of state. He described how overpayment cases are handled when the payment is due to a technician mistake or CBMS problem.





11:16 AM -- Jennifer Stanley, Colorado Welfare Fraud Council, described a particular welfare fraud case.

11:17 AM -- Patricia Ayon, Colorado Welfare Fraud Council, described a particular welfare fraud case. She answered questions about the use of workers' compensation by persons who have fraudulently received public assistance. She stated federal tax return intercepts are available for food assistance fraud only. State tax return intercepts are available for other public benefit programs. Ms. Ayon stated persons who have fraudulently received cash benefits typically move around frequently from county to county.

11:26 AM -- Ms. Hammer returned to the table to answer members' questions. She stated counties have a number of methods for determining if a client is no longer eligible for public benefits. She discussed potential recoveries under the bill and answered questions about worker's compensation. Representative Green discussed concerns with how cases are handled when overpaid cash benefits are due to human error or computer problems.

11:35 AM -- Michele Hanigsberg, Office of Legislative Legal Services, answered questions about current law regarding client self-reporting of income or asset changes. She stated the law reflects a federal requirement and is not meant to limit the tools counties may use to determine eligibility for cash assistance. Committee members discussed judgments in cases of overpayments.

11:44 AM -- Mr. Garcia returned to the table to answer members' questions. He stated when a judgment is made, fraud has been committed. He described factors considered before the council seeks recovery of overpayments.


11:50 AM

Representative Larson described the provisions of L.001.
BILL:HB06-1266
TIME: 11:51:30 AM
MOVED:Boyd
MOTION:Adopt L.001 (Attachment A). 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




11:53 AM

Committee members commented on the bill.
BILL:HB06-1266
TIME: 11:57:42 AM
MOVED:Cloer
MOTION:Refer the bill, as amended, to the Committee on Appropriations. The motion passed 13-0.
SECONDED:Frangas
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
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


11:59 AM -- House Bill 06-1271

Representative Jahn, sponsor, presented the bill regarding specialized foster care and the number of children such facilities care for. In the interest of time, Representative Boyd asked that persons in favor of the bill please stand and state their names and who they represent. There were no persons opposing the bill. Amendments L.001 and L.002 were distributed to members (Attachments B and C).

The following person testified.

12:04 PM -- Judy Rodriguez, Department of Human Services, discussed L.002. She answered questions about the bill might affect the number of available specialized foster care facilities. She stated the bill will allow high need foster children to be cared for at lower costs.














BILL:HB06-1271
TIME: 12:09:49 PM
MOVED:Cloer
MOTION:Adopt L.002 (Attachment C). The motion passed without objection.
SECONDED:Stafford
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:HB06-1271
TIME: 12:10:22 PM
MOVED:Stafford
MOTION:Adopt L.001 (Attachment B). The motion passed without objection.
SECONDED:Cloer
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:HB06-1271
TIME: 12:10:51 PM
MOVED:Stafford
MOTION:Refer the bill, as amended, to the Committee of the Whole. The motion passed 12-0.
SECONDED:Cloer
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
Yes
Lundberg
Excused
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


12:12 PM -- House Bill 06-1318

Representative Cloer, sponsor, presented the bill increasing the required clinical practice hours for marriage and family therapists (MFTs).

The following persons testified.

12:14 PM -- Gayle Fidler, Department of Regulatory Agencies, spoke in opposition to the bill. She stated the MFT oversight board should be the entity that decides if clinical practice hours should be changed. She stated the board believes a 1500 clinical practice hour requirement will pose a significant barrier to persons who wish to practice. She answered questions about the current statutory requirement of at least 1000 clinical practice hours.

12:25 PM -- Jim Thomas, marriage and family therapist, spoke in support of the bill. He stated marriage and family therapy has many complexities. He answered questions about qualifications of MFTs and other states' clinical practice hours requirements.

12:37 PM -- Matthew Powell, MFT student, spoke in support of the bill.











12:40 PM

Representative Cloer made concluding remarks. He distributed and discussed amendment L.001 (Attachment D).
BILL:HB06-1318
TIME: 12:41:32 PM
MOVED:Cloer
MOTION:Adopt L.001 (Attachment D). The motion passed without objection.
SECONDED:Sullivan
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


























12:42 PM

Committee members discussed the bill.
BILL:HB06-1318
TIME: 12:43:10 PM
MOVED:Cloer
MOTION:Refer the bill, as amended, to the Committee of the Whole. The bill passed 10-2.
SECONDED:Sullivan
VOTE
Berens
Yes
Cloer
Yes
Green
Yes
Kerr
Yes
Lundberg
Excused
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
Yes
Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


12:50 PM -- House Bill 06-1207

Representative Stafford, co-sponsor, presented the bill on behalf of Representative Coleman. Representative Coleman was delayed in another committee and gave Representative Stafford permission to present HB 1207.

The following persons testified.

12:53 PM -- Peg Long, Colorado Association of Family and Children's Agencies (CAFCA), discussed a study of foster care alternatives by the Department of Human Services. The study was required by Senate Bill 01-211. Salaried foster parents are one alternative to traditional foster care. The bill's provisions target sibling groups and high need children. Child Placement Agencies would not be required to have salaried foster parents but under the bill would have the option to have such caregivers. Ms. Long stated interested persons are working on second reading amendments to address concerns with the bill. She answered questions about other states' experiences with salaried foster parents.










01:08 PM -- Pat Ratliff, Colorado Counties, Inc. (CCI), stated CCI does not yet have a position on the bill. She did express concerns, however, with possible unintended consequences, including a loss of foster parents by counties and the extension of governmental immunity to salaried foster parents. Representative Coleman responded and stated she is considering amendments to the bill. She stated the idea for the bill originated with a 2002 State Auditor's report.


01:16 PM

Representative Boyd stated the bill would be scheduled for action only on February 20. The committee adjourned.