Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
HEALTH AND HUMAN SERVICES
Date:
02/07/2005
ATTENDANCE
Time:
01:40 PM
to
09:17 PM
Berens
X
Clapp
X
Place:
HCR 0112
Cloer
X
Green
X
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:
HB05-1106
HB05-1066
HB05-1152
HB05-1131
HB05-1130
HB05-1132
HB05-1084
HB05-1080
HB05-1127
Amended and Referred to the Committee on Judiciary
Amended and Referred to the Committee on Approp.
Laid Over
Amended and Referred to the Committee on Approp.
Amended and Referred to the Committee on Approp.
Amended and Laid Over
Amended and Referred to the Committee of the Whole
Postponed Indefinitely
Referred to the Committee on Appropriations
01:42 PM -- House Bill 05-1106
The committee resumed action on the bill. It was first presented on January 31, amendment L.001 was adopted, and a motion to the Committee on Appropriations was moved and seconded before the bill was laid over.
BILL:
HB05-1106
TIME:
01:43:27 PM
MOVED:
McGihon
MOTION:
Substitute motion to refer the bill, as amended, to the Committee on Judiciary. The motion passed 9-4.
SECONDED:
Riesberg
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES:
9
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
01:45 PM -- House Bill 05-1066
Representative Madden, sponsor, presented the bill regarding a Medicaid pilot program addressing obesity. Amendment L.001 and a fiscal note memorandum were distributed to members (Attachments A and B).
The following persons testified.
01:51 PM --
Colista Lich, citizen, discussed her experience with obesity.
01:55 PM --
Dr. David Herr, Rocky Mountain Health Plans, discussed health problems associated with obesity.
01:59 PM --
Dr. Nelson Trujillo, Colorado Medical Society, spoke in support of the bill.
02:01 PM --
Dr. Karen Leamer, Colorado Chapter of the American Academy of Pediatrics, stated the bill will effect few children but it is a good first step toward addressing their obesity issues.
02:03 PM --
Barbara Prehmus, Department of Health Care Policy and Financing, spoke in support of the bill. She answered questions about the state's involvement in the proposed pilot and patients targeted by the bill.
02:13 PM
Representative Madden made concluding remarks.
BILL:
HB05-1066
TIME:
02:14:24 PM
MOVED:
Stafford
MOTION:
Adopt L.001. The motion passed without objection.
SECONDED:
McGihon
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
02:16 PM
Members commented on the bill.
BILL:
HB05-1066
TIME:
02:17:27 PM
MOVED:
Berens
MOTION:
Refer the bill, as amended, to the Committee on Appropriations. The motion passed. 13-0.
SECONDED:
Cloer
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
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
02:19 PM -- House Bill 05-1152
Representative Frangas, sponsor, presented the bill about joining a multi-state prescription drug buying consortium, creating of a state prescription clearinghouse, and participating in the federal 340B pricing program. He answered questions about the bill's impact on current retail pricing of prescription drugs, the safety of imported drugs, limits on prescriptions filled with help from the clearinghouse, cost-savings associated with importation of prescription drugs, counterfeit drugs, and the state's liability regarding drug importation.
The following persons testified.
02:50 PM --
Tim Martin, Amgen, described the bio-tech company. He spoke in support of the proposed clearinghouse and against the importation of prescription drugs. He answered questions about reimportation of drugs.
02:58 PM --
Mark Kinney, Rx Plus Pharmacies, spoke in support of the bill's clearinghouse and stated concerns with the effect of prescription drug importation on local pharmacies. He answered questions about prescription drug distribution routes, federal law regarding drug importation, counterfeit drugs, and federal prescription drug legislation.
03:18 PM
Representative Frangas answered questions about federal prescription drug legislation.
03:20 PM --
Mr. Kinney answered questions about the safety of prescription drugs.
03:21 PM --
Linda Pryor, Pfizer Pharmaceuticals and Pharmaceutical Research Manufacturers Association (PhRMA), discussed problems with the importation of prescription drugs. She distributed two documents to members (Attachments C and D). She spoke in support of the 340B pricing program and the proposed clearinghouse. She answered questions about compulsory licensing in Canada, private prescription drug programs for low-income persons, and retail costs of prescription drugs.
03:38 PM --
Val Kalnins, Colorado Pharmacists Society, spoke in support of the proposed clearinghouse and the 340B pricing program. He discussed problems with importation of prescription drugs.
03:43 PM --
Chris Howes, Colorado Retail Council, spoke in support of the proposed clearinghouse and the 340B pricing program.
03:45 PM --
John Stoffol, Senior Lobby and Alliance of Retired Americans, discussed the multi-state consortium and federal law.
03:53 PM --
Chris Habgood, Colorado Mental Health Association, spoke in support of the proposed clearinghouse and the 340B pricing program.
03:55 PM
Representative Frangas asked that the bill be laid over for action on February 9. Representative Boyd did so.
03:58 PM -- House Bill 05-1131
Representative Cloer, sponsor, presented the bill regarding the authority of pharmacists to redispense unused medications. He distributed and discussed amendment L.001. (Attachment E). He answered questions about partially dispensed prescriptions.
The following persons testified.
04:03 PM --
Geoffrey Hier, Department of Regulatory Agencies, spoke in support of the bill.
04:03 PM --
Val Kalnins, Colorado Pharmacists Society, spoke in support of amendment L.001.
04:04 PM
Representative Cloer answered questions about reimbursements to the Department of Health Care Policy and Financing and donations of unused medications.
04:10 PM --
Dr. Paul Przystup, Colorado Pediatric Association, distributed and discussed a tally of unused medications at one particular facility (Attachment F).
04:12 PM --
Mark Kinney, Rx Plus Pharmacies and Colorado Retail Council, spoke in support of amendment L.001 and discussed cost-savings associated with redistributing unused medications.
BILL:
HB05-1131
TIME:
04:13:53 PM
MOVED:
Cloer
MOTION:
Adopt L.001. The motion passed without objection
SECONDED:
Riesberg
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
04:15 PM
Members commented on the bill.
BILL:
HB05-1131
TIME:
04:16:19 PM
MOVED:
Cloer
MOTION:
Refer the bill, as amended, to the Committee on Appropriations. The motion passed 13-0.
SECONDED:
Lundberg
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
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
04:19 PM -- House Bill 05-1130
Representative Cloer, sponsor, presented the bill regarding electronic monitoring of controlled prescription drugs. He distributed amendments L.001 and L.002 and a document from the National Association of Attorneys General to members (Attachments G, H, and I).
The following persons testified.
04:26 PM --
Geoffrey Hier, Department of Regulatory Agencies, spoke against the bill.
04:30 PM --
Charlie Hebeler, Colorado Dental Association, spoke in support of the bill.
04:31 PM --
Val Kalnins, Colorado Pharmacists Society, spoke in support of the bill. He expressed concerns with the bill's data entry requirements and its applicability to inpatient and outpatient facilities.
04:35 PM
Representative Cloer answered questions about the federal Health Insurance Portability and Accountability Act (HIPAA).
04:36 PM --
Mr. Kalnins answered questions about the bill's effect on pharmacy costs and drug abusers' activities.
04:43 PM --
Diane Protopapa, Colorado Medical Society, spoke in support of the bill.
04:43 PM --
Mark Kinney, Rx Plus Pharmacies, suggested the bill be amended to apply to all health care providers.
04:45 PM --
Dr. Joe Ramos, Colorado Prescription Drug Abuse Task Force, discussed illegal use of prescription drugs and a Nevada law similar to HB 1130. He answered questions about health insurers' oversight of enrollees' prescription drug use. A US Department of Justice letter and packet of information was distributed to members (Attachments J and K).
05:01 PM --
Robert Valuck, Colorado Prescription Drug Abuse Tax Force, distributed a letter and packet of information to members (Attachments J and K).
05:09 PM --
Chris Howes, Colorado Retail Council, stated the bill is less onerous than similar bills introduced in prior years.
05:12 PM --
Janet Fox Stephens, Colorado Health and Hospital Association, discussed L.002 and inpatient drug prescriptions.
05:14 PM --
Sue Hall, Colorado Family Physicians, spoke in support of the bill. She answered questions about problems faced by rural providers.
05:16 PM
Representative Cloer discussed L.001.
05:26 PM
The committee recessed.
BILL:
HB05-1130
TIME:
05:36:55 PM
MOVED:
Cloer
MOTION:
Adopt severed section A (lines 1 - 15) of L.001. The motion passed 8-5.
SECONDED:
Stafford
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
No
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
Yes
Not Final YES:
8
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS
A motion to adopt severed section B (lines 16 to 18) of L.001 died for lack of a second.
BILL:
HB05-1130
TIME:
05:39:20 PM
MOVED:
Cloer
MOTION:
Adopt L.002. The motion passed without objection.
SECONDED:
Weissmann
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
05:40 PM
Representative McGihon distributed and discussed L.003 (Attachment L).
BILL:
HB05-1130
TIME:
05:40:22 PM
MOVED:
Cloer
MOTION:
Adopt L.003. The motion passed 10-3.
SECONDED:
Weissmann
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES:
10
NO:
3
EXC:
0
ABS:
0
FINAL ACTION:
PASS
05:41 PM
Representative Clapp offered a conceptual amendment to exempt the following sites from the bill's provisions: nursing homes, assisted living residences, and facilities with in-house pharmacies.
BILL:
HB05-1130
TIME:
05:45:11 PM
MOVED:
Clapp
MOTION:
Amend the bill to exempt the following sites from the bill's provisions: nursing homes, assisted living residences, and facilities with in-house pharmacies. The motion failed 4-9.
SECONDED:
Weissmann
VOTE
Berens
No
Clapp
Yes
Cloer
No
Green
No
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
No
Weissmann
Yes
Frangas
No
Boyd
No
Not Final YES:
4
NO:
9
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
05:46 PM
Representative Cloer made concluding remarks. Members commented on the bill.
BILL:
HB05-1130
TIME:
05:49:48 PM
MOVED:
Cloer
MOTION:
Refer the bill, as amended, to the Committee on Appropriations. The motion passed 9-4.
SECONDED:
McGihon
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
Yes
Final YES:
9
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
05:51 PM -- House Bill 05-1132
Representative Lundberg, sponsor, presented the bill regarding Medicaid reforms and distributed and discussed amendments L.001 and L.002 (Attachments M and N).
The following persons testified.
06:07 PM --
Charles Carter, Senior Lobby, discussed issues related to persons spending down income and assets in order to become eligible for Medicaid.
06:12 PM --
Arlene Miles, Colorado Healthcare Association, discussed concerns with the bill. She described how assisted living center residences and nursing home patients differs.
06:18 PM
Representative Lundberg discussed L.001.
BILL:
HB05-1132
TIME:
06:19:55 PM
MOVED:
Weissmann
MOTION:
Amend L.001 to include a statement that the Department of Health Care Policy and Financing must cover the costs of the waiver with existing funds. The motion failed 6-7.
SECONDED:
Stafford
VOTE
Berens
No
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
No
Boyd
Yes
Not Final YES:
6
NO:
7
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1132
TIME:
06:23:34 PM
MOVED:
Lundberg
MOTION:
Adopt L.001. The motion passed without objection.
SECONDED:
Weissmann
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
06:24 PM
Representative Lundberg discussed L.002.
BILL:
HB05-1132
TIME:
06:24:47 PM
MOVED:
Lundberg
MOTION:
Adopt L.002. The motion passed without objection.
SECONDED:
Weissmann
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
06:25 PM
Representative Lundberg made concluding remarks and requested that the bill be pulled from the table for action on February 9. Representative Boyd did so.
06:27 PM -- House Bill 05-1084
Representative King, sponsor, presented the bill regarding reimbursements to residential treatment services (RTCs) providers. He answered questions about out-of-state placements of children in need of residential treatment and rate-setting determinations. Amendment L.001 was distributed to members (Attachment O).
The following persons testified.
06:35 PM --
Pat Ratliff, Colorado Counties, Inc., answered questions about room and board at residential treatment centers.
06:38 PM --
Margie Grimsley, citizen, spoke in support of the bill and discussed the need for RTCs and her son's experience with such centers.
06:40 PM --
Dr. Jerry Yager, Denver Children's Home, discussed recent funding and service cuts for RTCs. He answered questions about room and board rates.
06:46 PM --
Peg Long, Colorado Association of Family and Children's Agencies, described the history of RTCs, children in need of residential treatment, and a 2002 State Auditor's report on RTCs.
06:52 PM --
Matthew Flora, Department of Human Services, spoke in support of the bill.
06:53 PM
Representative King made concluding remarks.
BILL:
HB05-1084
TIME:
06:54:08 PM
MOVED:
McGihon
MOTION:
Adopt L.001. The motion passed without objection.
SECONDED:
Clapp
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Passed without objection.
06:55 PM
Members discussed the bill's fiscal note.
BILL:
HB05-1084
TIME:
06:56:54 PM
MOVED:
Green
MOTION:
Refer the bill, as amended, to the Committee of the Whole. The motion passed 13-0.
SECONDED:
McGihon
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
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
06:59 PM -- House Bill 05-1080
Representative Green, sponsor, presented the bill regarding certain mandated health insurance benefits. She distributed amendments L.001 and L.004 and a report on the impact of the bill to members (Attachments P, Q, and R). A copy of the report from the Mandated Benefits Commission was also distributed (Attachment S).
The following persons testified.
07:01 PM --
RJ Ours, American Cancer Society, spoke in support of the bill.
07:06 PM
Representative Green answered questions about the bill's impact on health insurance premiums and the proposed tax credit.
07:15 PM --
Cheryl Blankemeier, Colorado Association of Nurse Anesthetists, discussed the importance of anesthesia for some patients.
07:20 PM --
Dr. David Schreiber, citizen, discussed the incidence of prostate cancer in Colorado.
07:29 PM --
Chris Habgood, Colorado Mental Health Association, spoke in support of the bill's mental health provisions. He discussed health insurance coverage for employees of small employers and the cost of mental illness. He distributed a booklet to members (Attachment T).
07:35 PM
Representative Green discussed the bill's provisions regarding mental illness.
07:37 PM --
Becky Brooks, Colorado Radiological Society, spoke in support of the bill.
07:38 PM --
Bruce Atchison, Colorado Children's Campaign, distributed and discussed a booklet to members (Attachment U).
07:42 PM --
Carrie Curtiss, Colorado Consumer Health Initiative, spoke in support of the bill. She stated the bill would promote preventive health care services and save money.
07:45 PM --
Vicki Tosher, citizen, spoke in support of the bill and discussed her experience with breast cancer. She noted statistics related to breast cancer incidence and related deaths.
07:48 PM --
Travis Berry, Business Council on Health Care Competition, discussed state health insurance laws, the bill's impact on small employers, costs of insurance mandates, and health plans currently offered by employers.
07:54 PM --
Vickie Agler, National Federation of Independent Businesses (NFIB), spoke in support of the bill. She state that health insurance is the highest priority issue for small businesses. She answered questions about the number of employers that are offering the "mandate lite" plan. She also responded to questions about the numbers of small businesses offering coverage under current law.
08:06 PM --
Holly Hansen, Colorado Association of Health Underwriters, spoke in opposition to the bill. She expressed concerns that the mandated coverage will increase premiums for small employers.
08:11 PM --
Julie Horner, Department of Regulatory Agencies, clarified the differences between the basic plan, the standard plan, and the "mandate lite" plan. She spoke to the coverages and options for the two plans. She indicated concern with the cost of insurance for small employers if this coverage is mandated and distributed a document to members (Attachment V).
BILL:
HB05-1080
TIME:
08:18:23 PM
MOVED:
Green
MOTION:
Adopt amendment L.001. The motion failed 3-10.
SECONDED:
Frangas
VOTE
Berens
No
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
No
Soper
No
Stafford
No
Sullivan
No
Weissmann
No
Frangas
Yes
Boyd
No
Not Final YES:
3
NO:
10
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1080
TIME:
08:19:36 PM
MOVED:
Green
MOTION:
Adopt amendment L.004. The motion failed 5-8.
SECONDED:
Frangas
VOTE
Berens
No
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
No
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
No
Frangas
Yes
Boyd
No
Not Final YES:
5
NO:
8
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1080
TIME:
08:28:32 PM
MOVED:
Frangas
MOTION:
Refer the bill to the Committee of the Whole. The motion failed 4-9.
SECONDED:
Weissmann
VOTE
Berens
No
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
No
Soper
No
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
No
Not Final YES:
4
NO:
9
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1080
TIME:
08:36:53 PM
MOVED:
Stafford
MOTION:
Postpone the bill indefinitely. The motion passed 7-6.
SECONDED:
Clapp
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
No
Boyd
Yes
Final YES:
7
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
PASS
08:38 PM -- House Bill 05-1127
Representative Stafford, bill sponsor, explained the provisions of HB 05-1127 increasing the amount that can be charged for funeral expenses of an individual who received public assistance. She spoke about similar legislation she carried last legislative session and the opposition to that bill.
The following persons testified.
08:43 PM --
Chuck Bowman, Colorado Funeral Directors Association, spoke in support of the bill. He spoke to the average cost to funeral directors of a funeral involving a client who received public assistance. He indicated that under the bill's provisions, funeral homes and cemeteries would break even and not lose money. At the request of the bill sponsor, Mr. Bowman spoke to the burden on funeral homes who work with public assistance clients. He discussed the degree to which funeral homes are now rejecting these cases.
Representative Stafford responded to committee questions regarding how the limit on the total amount contributed by the funeral homes, cemeteries, other service providers, and families towards funeral costs for individuals receiving public assistance works under the law.
Mr. Bowman responded to a committee question asking if funeral directors do pro bono work similar to that done by attorneys and other professionals. He indicated that funeral directors provide free services for individuals who are indigent but not on public assistance and for children, in particular. Mr. Bowman responded to another question regarding the degree to which social security benefits contribute to the cost of a funeral.
09:13 PM
Representative Stafford provided closing comments on the bill.
BILL:
HB05-1127
TIME:
09:14:18 PM
MOVED:
Stafford
MOTION:
Refer the bill to the Committee on Appropriations. The motion passed 8-5.
SECONDED:
Clapp
VOTE
Berens
No
Clapp
Yes
Cloer
No
Green
Yes
Lundberg
Yes
McGihon
No
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
No
Boyd
Yes
Final YES:
8
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS
09:16 PM
The committee adjourned.