Bill Summary for Bill Number SB12-093

Date: 03/21/2012

Final
BILL SUMMARY for SB12-093

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Moved prepared amendment L.006 (Attachment D). The Moved prepared amendment L.007 (Attachment E). The Moved to postpone indefinitely Senate Bill 12-093. Moved to refer Senate Bill 12-093, as amended, to	FAIL FAIL PASS FAIL

03:31 PM -- Senate Bill 12-093

The committee returned to order. Representative Duran, prime sponsor, presented Senate Bill 12-093, concerning a requirement that a licensed hospital provide notice to patients of any service not provided by the hospital because of moral convictions based on religious beliefs. Representative Duran explained the effect of the bill, and the effect of prepared amendment L.006 (Attachment D). Representative Duran responded to questions regarding the need for the legislation.

03:36 PM

The following persons testified regarding Senate Bill 12-093:

03:36 PM -- Ms. Janet Stephens, representing the Colorado Hospital Association, testified in opposition to the bill. Ms. Stephens discussed the costs that the bill will impose upon hospitals, and the circumstances under which a hospital is required to provide emergency services. Ms. Stephens discussed the patient admission process, and the reporting requirements that hospitals must follow in the area of services provided by the hospitals. Ms. Stephens responded to questions regarding the list of services provided by a given hospital, as maintained by the Department of Public Health and Environment (DPHE). Ms. Stephens responded to questions about inter-hospital agreements that allow for patient transfers in cases where a service is not provided by a hospital. Discussion ensued regarding the need for patient services notifications in cases of medical emergency. Discussion followed regarding the provision of emergency services in rural areas. Representative Duran discussed the types of medical services that are not listed in the DPHE's list of services provided by a given hospital, and explained the effect of amendment L.006.

03:48 PM -- Mr. Ed Kahn, representing the Colorado Center on Law and Policy, testified in support of Senate Bill 12-093. Mr. Kahn explained that the bill would provide needed information to consumers at a small cost to hospitals, and discussed the bill's constitutionality. Mr. Kahn responded to questions about the effect of hospital consolidations on patient notifications.

03:54 PM -- Ms. Lois Schafer, representing the League of Women Voters, testified in support of the bill.

03:55 PM -- Ms. Betty Proctor, representing the Senior Lobby, testified in support of the bill. Ms. Proctor provided examples of seniors who have received end-of-life treatments they did not want. Ms. Proctor responded to questions regarding the inability to transfer certain patients to a different hospital offering a desired range of treatments due to the patients' critical conditions. Discussion ensued regarding living wills.

04:01 PM -- Mr. Bob Semro, representing the Bell Policy Center, testified in support of Senate Bill 12-093. He discussed the benefits of the bill in the area of transparency for patients.

04:04 PM -- Mr. Tim Schultz, representing the Ethics in Public Policy Center, testified in support of the bill. Mr. Schultz discussed the federal Religious Freedom Restoration Act, and a court ruling that preserves the right to practice religion as the practitioners see fit. He compared the circumstances in the court ruling to the bill's requirements, raising first amendment issues. Mr. Schultz responded to questions regarding how prepared amendment L.006 may address his concerns.

04:11 PM -- Ms. Peggy Gonder, representing herself, testified in support of Senate Bill 12-093. Ms. Gonder discussed the circumstances surrounding making end-of-life decisions for her mother. She discussed a situation where a patient was provided a feeding tube by a hospital in opposition to the family's wishes, and explained how the bill would require notification of such practices. Ms. Gonder discussed the minimal costs associated with the bill. Ms. Gonder responded to questions regarding the anecdotes she discussed.

04:19 PM -- Ms. Melinda Reed, representing the American Association of University Women, testified in support of the bill. Ms. Reed provided an anecdote about a child delivery service not provided by a particular hospital.

04:21 PM -- Ms. Jaren Ducker, representing Compassion and Choice, testified in support of the bill. Ms. Ducker discussed the importance of allowing consumers and their families to make informed end-of-life health care choices, and explained how Senate Bill 12-093 would assist in making informed choices. Ms. Ducker listed certain consumer disclosures that should be required of hospitals.

04:26 PM -- Ms. Toni Panetta, representing NARAL Pro Choice Colorado, testified in support of Senate Bill 12-093. Ms. Panetta explained that the bill is a transparency bill, and provided examples of situations in which women would be denied certain reproductive services. Ms. Panetta explained that the bill preserves religious liberty, and that hospitals have an ethical responsibility to inform consumers of the services they provide. She expressed support for a forthcoming amendment.

04:30 PM -- Mr. Mel Sabey, representing Centura Health, testified in opposition to the bill. Mr. Sabey discussed the title of the bill, and commented on changes to the bill and its title that would be made by amendment L.006. He suggested that the bill unconstitutionally targets religious organizations, and explained how broadening the bill's scope would be unworkable due to the burdens that would be placed upon hospitals. Mr. Sabey discussed the potential broadening of the bill's title by amendment L.006, and provided background on the hospital notification requirements pertaining to end-of-life decisions. Mr. Sabey discussed the availability of hospital services throughout the state. Ms. Panetta provided information about the services provided, and not provided, by hospitals throughout the state, as discussed by Mr. Sabey.

04:41 PM

Mr. Sabey discussed the number of hospital beds under ownership by religious organizations in Colorado.

04:42 PM

Representative Duran addressed the issue of the broadening of the title of Senate Bill 12-093 by amendment L.006, and discussed the importance of informing patients about services not provided at hospitals. Representative Duran addressed concerns raised during testimony, and discussed the receipt of public funds by hospitals that do not provide certain services. Discussion ensued as to whether amendment L.006 broadens the title of the bill.


BILL:	SB12-093
TIME:	04:49:25 PM
MOVED:	Duran
MOTION:	Moved prepared amendment L.006 (Attachment D). The motion failed on a vote of 4-5.
SECONDED:	Court
		VOTE
	Baumgardner	No
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	No
	Liston	No
	Todd	Yes
	Coram	No
	Kerr J.	No

YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

04:51 PM

Discussion ensued as to whether prepared amendment L.007 (Attachment E) fits under the title of the bill.


BILL:	SB12-093
TIME:	04:51:54 PM
MOVED:	Duran
MOTION:	Moved prepared amendment L.007 (Attachment E). The motion failed on a vote of 4-5.
SECONDED:	Todd
		VOTE
	Baumgardner	No
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	No
	Liston	No
	Todd	Yes
	Coram	No
	Kerr J.	No

YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

04:52 PM

Representative Duran provided closing remarks in support of Senate Bill 12-093. Members of the committee expressed support for, or opposition to, the bill. Discussion ensued regarding who provides consumers information about the services provided, and not provided, by a given hospital.

05:02 PM

Committee members continued to express support for, or opposition to, Senate Bill 12-093. Representative Duran provided additional closing remarks in support of the bill.


BILL:	SB12-093
TIME:	05:04:57 PM
MOVED:	Duran
MOTION:	Moved to refer Senate Bill 12-093, as amended, to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 4-5.
SECONDED:	Court
		VOTE
	Baumgardner	No
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	No
	Liston	No
	Todd	Yes
	Coram	No
	Kerr J.	No

YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-093
TIME:	05:05:28 PM
MOVED:	Baumgardner
MOTION:	Moved to postpone indefinitely Senate Bill 12-093. The motion passed on a vote of 5-4.
SECONDED:	Coram
		VOTE
	Baumgardner	Yes
	Casso	No
	Court	No
	Duran	No
	Joshi	Yes
	Liston	Yes
	Todd	No
	Coram	Yes
	Kerr J.	Yes

Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:06 PM

The committee adjourned.