Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES
Date:02/23/2005
ATTENDANCE
Time:10:08 AM to 01:36 PM
Berens
X
Clapp
X
Place:HCR 0112
Cloer
X
Green
X
This Meeting was called to order by
Lundberg
X
Representative Boyd
McGihon
E
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:
HB05-1280
HB05-1152
HB05-1300
Amended, Referred to Committee on Appropriations
Amended, Referred to Committee on Appropriations
Laid Over


10:09 AM -- House Bill 05-1280

Representative Stafford, sponsor, presented the bill addressing reviews of child fatalities. Amendments L.002, L.003, and L.004 were distributed to members (Attachments A, B, and C). Representative Stafford discussed statistics related to child fatalities in Colorado and other states. She described the bill as codifying current state-level reviews. It also creates review committees in each of the state's judicial districts. She discussed how the bill would help formulate public education campaigns to reduce common causes of chid fatalities. She addressed confidentiality issues and how they can inhibit reviews. She described the benefits of locating the state-level review team within the Department of Public Health and Environment. Representative Stafford answered questions about information sharing between the state and counties, the bill's effect on the current child review committee, county reviews of child fatalities, membership of child fatality review committees, committee meetings that are not open to the public, and involvement of legislators in review committee activities.












The following persons testified.

10:51 AM --
Peg Long, Colorado Association of Families and Children's Agencies (CAFCA), discussed out-of-home placement of children in Colorado and the review committees' memberships.

10:57 AM --
Lynnae Flora, Jefferson County Human Services, discussed the bill's cost to counties.

11:04 AM --
Wesley Riber, Colorado Coroners Association, discussed concerns regarding the size of the review committees and the interaction between the state and local level review teams.

11:07 AM --
Jill-Ellyn Straus, member of the Child Fatality Review Team, described the work and funding of the team. The team began its work 15 years ago and reviews all child deaths (i.e., accidental and non-accidental) in the state. Ms. Straus discussed public and non-public review team meetings, legislator involvement in the team's work, the size of the team, county reviews of child fatalities, and reasons to codify current practices.


11:23 AM

Representative Stafford answered questions about review team memberships.

11:26 AM --
Carla Bennett, Colorado League of Women Voters, spoke in support of the bill and discussed review team memberships.

11:29 AM --
Matt Flora, Department of Human Services, spoke in support of the bill and discussed its provisions.

























11:31 AM

Representative Stafford discussed L.003.
BILL:HB05-1280
TIME: 11:34:01 AM
MOVED:Stafford
MOTION:Adopt L.003. The motion passed without objection.
SECONDED:Clapp
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Excused
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

























BILL:HB05-1280
TIME: 11:34:35 AM
MOVED:Stafford
MOTION:Adopt L.004. The motion passed without objection.
SECONDED:Weissmann
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Excused
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE































11:35 AM

Representative Lundberg distributed, discussed, and moved for the adoption of L.005 (Attachment D). Representative Weissmann offered a substitute motion and members discussed it.
BILL:HB05-1280
TIME: 11:48:24 AM
MOVED:Weissmann
MOTION:Substitute motion to amend bill, page 17, strike paragraph (2)(a). The motion failed 5-7-1.
SECONDED:Boyd
VOTE
Berens
Yes
Clapp
No
Cloer
No
Green
No
Lundberg
No
McGihon
Excused
Riesberg
Yes
Soper
No
Stafford
No
Sullivan
Yes
Weissmann
Yes
Frangas
No
Boyd
Yes
Not Final YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL























BILL:HB05-1280
TIME: 11:49:33 AM
MOVED:Lundberg
MOTION:Adopt L.005. The motion failed 6-6-1.
SECONDED:Berens
VOTE
Berens
No
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
Excused
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
No
Not Final YES: 6 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: TIE































11:52 AM

Representative Soper discussed L.002.
BILL:HB05-1280
TIME: 11:52:39 AM
MOVED:Soper
MOTION:Adopt L.002. The motion passed without objection.
SECONDED:Riesberg
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Excused
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



























11:53 AM

Members commented on the bill.
BILL:HB05-1280
TIME: 11:54:12 AM
MOVED:Stafford
MOTION:Refer the bill, as amended, to the Committee on Appropriations. The motion passed 11-1-1.
SECONDED:Boyd
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
Yes
Lundberg
Yes
McGihon
Excused
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
Yes
Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


























11:55 AM -- House Bill 05-1152

Representative Cloer distributed amendments L.001, L.004, and L.006 (Attachments E, F, and G). He discussed L.006.
BILL:HB05-1152
TIME: 12:00:47 PM
MOVED:Cloer
MOTION:Adopt L.006. The motion passed without objection.
SECONDED:Clapp
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Excused
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


























12:02 PM

Representative Frangas distributed amendments L.005, L.007, and L.008 (Attachments H, I, and J). He discussed L.008.
BILL:HB05-1152
TIME: 12:03:16 PM
MOVED:Frangas
MOTION:Adopt L.008. The motion passed without objection.
SECONDED:Cloer
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Excused
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
























BILL:HB05-1152
TIME: 12:05:29 PM
MOVED:Frangas
MOTION:Adopt L.007. The motion passed without objection.
SECONDED:Boyd
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Excused
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection































12:06 PM

Representative Frangas discussed L.005.
BILL:HB05-1152
TIME: 12:06:54 PM
MOVED:Frangas
MOTION:Adopt L.005. The motion passed without objection.
SECONDED:Stafford
VOTE
Berens
No
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Excused
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Excused
Weissmann
No
Frangas
Yes
Boyd
Yes
Not Final YES: 6 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: PASS



























12:08 PM

Members commented on the bill.
BILL:HB05-1152
TIME: 12:10:38 PM
MOVED:Frangas
MOTION:Refer the bill, as amended, to the Committee on Appropriations. The motion passed 7-4-2.
SECONDED:Weissmann
VOTE
Berens
No
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Excused
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Excused
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 7 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS


12:12 PM -- House Bill 05-1300

Representative Pommer, sponsor, presented the bill regarding fiduciary duties of pharmacy benefits managers (PBMs). He answered questions about problems addressed by the bill.

The following persons testified.

12:21 PM --
Michael Petryna, Anthem Blue Cross and Blue Shield, discussed the work of PBMs, the use of drug formularies, competition among PBMs, and generic drug substitution. He answered questions about drug price negotiations and transparency of actions by private businesses.














12:34 PM

Representative Pommer and committee members discussed transparency of actions by private businesses.

12:39 PM --
Susan Cox, Kaiser Permanente, discussed concerns with how the bill will effect Kaiser and its role as both a PBM and an insurer.

12:43 PM --
Allen Horn, Caremark Rx, discussed drug discounts, lawsuits against Caremark, the work and oversight of PBMs, and contracts between clients and PBMs.

12:54 PM --
Peter Harty, MedCo Health Solutions, Inc., discussed competition among PBMs.

01:03 PM --
Travis Berry, Business Council on Health Care Competition, spoke in opposition to the bill.

01:04 PM --
Mark Kinney, Rx Plus Pharmacy, spoke in favor of the bill. He distributed two documents to members (Attachments K and L). He answered questions about transparency for PBMs' business practices.

01:16 PM --
Mike Feeley, Rx Plus Pharmacy, discussed lawsuits regarding pharmacy benefits managers and a 2004 Department of Regulator Agencies' sunrise review of pharmacy benefits managers.


01:32 PM

Representative Boyd listed witnesses who did not have the opportunity to testify and their positions.

01:33 PM --
Bruce Harrelson, Department of Regulatory Agencies, discussed the department's sunrise review of pharmacy benefits managers.


01:35 PM

Representative Boyd took the bill off the table for action only at a later date.