Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
HEALTH AND HUMAN SERVICES
Date:
01/24/2005
ATTENDANCE
Time:
01:33 PM
to
06:43 PM
Berens
E*
Clapp
X
Place:
HCR 0112
Cloer
X
Green
X
This Meeting was called to order by
Lundberg
X
Representative
Boyd
McGihon
X
Riesberg
E*
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:
HB05-1021
HB05-1017
HB05-1042
HB05-1016
HB05-1052
HB05-1037
Amended and Referred to the Committee on Approp.
Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Amended and Referred to the Committee on Finance
Referred to the Committee of the Whole
01:35 PM -- House Bill 05-1021
Representative Plant, sponsor, presented the bill requiring analyses of the public health impacts of proposed rules. He distributed and discussed a fiscal note memo and amendment L.001 (Attachment A). He answered questions about the groups he has worked with in developing the bill.
The following persons testified.
01:42 PM --
Diana Orf, Colorado Mining Association, spoke in opposition to the bill. She stated the bill's provisions may be unworkable.
01:46 PM --
Heidi Heltzel, Colorado Association of Commerce and Industry, discussed federal oversight of pollutant discharges. She stated the bill would duplicate federal processes for evaluating the impact of such discharges.
01:52 PM --
Stan Dempsey, Colorado Petroleum Industry, spoke in opposition to the bill. He stated the bill's provisions may lead to the Department of Public Health and Environment duplicating work currently done by other state departments.
01:58 PM
Representative Plant addressed comments made by Ms. Orf, Ms. Heltzel, and Mr. Dempsey. He answered questions regarding federal standards, delays in rule-making, the bill's safety clause, and possible requests for a public health review by members of the General Assembly
.
02:11 PM --
Susan LeFever, Colorado Sierra Club, spoke in support of the bill. She discussed prior legislation addressing the economic impacts of new rules.
02:14 PM --
Vicki Patton, Environmental Defense, spoke in support of the bill. She stated the bill creates a more balanced view of the impacts of policy decisions. She described federal and state partnerships regarding policy implementation. She answered questions about the bill's potential impact on litigation, the cost of public health reviews, delays in the approval of new rules, and federal environmental standards.
02:34 PM
Representative Plant made concluding remarks.
BILL:
HB05-1021
TIME:
02:35:24 PM
MOVED:
Weissmann
MOTION:
Adopt L.001.
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:
Pass Without Objection
02:36 PM
Committee members discussed the bill.
BILL:
HB05-1021
TIME:
02:38:46 PM
MOVED:
McGihon
MOTION:
Refer the bill, as amended, to the Committee on Appropriations.
SECONDED:
Green
VOTE
Berens
No
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES:
7
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:40 PM -- House Bill 05-1017
Representative McGihon, sponsor, presented the bill conforming state law to federal law regarding referrals among Medicaid providers.
The following person testified.
02:42 PM --
Jennifer Sullivan, Health Law Council, Colorado Bar Association, spoke in support of the bill. She stated the bill would clarify state law and create consistency between state and federal law. She answered questions about scenarios addressed by the bill.
02:48 PM
Representative McGihon made concluding remarks.
BILL:
HB05-1017
TIME:
02:48:38 PM
MOVED:
McGihon
MOTION:
Refer the bill to the Committee of the Whole.
SECONDED:
Clapp
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
Yes
Lundberg
Yes
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
Yes
Boyd
Yes
Final YES:
12
NO:
1
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:49 PM -- House Bill 05-1042
Representative Boyd, sponsor, presented the bill requiring that health care providers inform female sexual assault victims of the availability of emergency contraception. Amendments L.001, L.003, L.004, L.005, L.006 were distributed to members (Attachments B through F). She answered questions about devices that may be used as emergency contraception, current information provided to sexual assault victims, the bill's specific applicability to females and hospitals, and emergency contraception's relation to abortifacients.
The following persons testified.
03:14 PM --
Dr. Carol Stamm, Colorado Ob/Gyn Society, described the ways in which emergency contraception works. She answered questions about devices used as emergency contraception and RU-486, the abortion pill.
03:28 PM --
Barbara Shaw, Colorado Coalition Against Sexual Assault, spoke in support of the bill. She described the use and standardization of rape kits and referrals to the coalition.
03:38 PM --
Gena Hardin, American Civil Liberties Union, addressed questions regarding the need for the bill. She stated the majority of rape victims who have gone to a hospital do not leave the facility with emergency contraception. She stated concerns with the bill including the lack of a requirement for providing a prescription for emergency contraception.
03:49 PM
Representative Boyd described reasons for the bill and its provisions.
03:54 PM
-- Dr. Cynthia Egon, citizen, distributed a document to committee members (Attachment G). She spoke in opposition to the bill and answered questions about how emergency contraception works.
04:05 PM
Representative Boyd discussed drugs used as emergency contraception and young female rape victims.
04:06 PM --
Dr. Egon answered questions about young female rape victims.
04:09 PM --
Tim Dore, Colorado Catholic Conference, discussed Catholic facilities and their objections to emergency contraception.
04:26 PM
Representative Boyd stated the bill's purpose of ensuring all rape victims are treated uniformly by all hospitals.
04:31 PM --
Mr. Dore discussed a California law regarding insurance coverage of contraception.
04:31 PM
Representative Boyd responded to members' questions and discussed amendment L.001.
BILL:
HB05-1042
TIME:
04:36:34 PM
MOVED:
Boyd
MOTION:
Adopt L.001.
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
04:37 PM
Representative Boyd discussed L.006.
BILL:
HB05-1042
TIME:
04:37:29 PM
MOVED:
Boyd
MOTION:
Adopt L.006.
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
04:38 PM
Representative Cloer discussed the following amendment to the bill: change "shall" to "may" on page 3, line 22 and on page 4, line 1.
BILL:
HB05-1042
TIME:
04:42:13 PM
MOVED:
Cloer
MOTION:
Change "shall" to "may" on page 3, line 22 and on page 4, line 1.
SECONDED:
Stafford
VOTE
Berens
No
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
No
Boyd
No
Not Final YES:
5
NO:
8
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
04:43 PM
Representative Stafford discussed L.005. The chairman ruled the amendment did not fit under the bill title.
04:46 PM
Representative Stafford discussed L.004.
BILL:
HB05-1042
TIME:
04:46:38 PM
MOVED:
Stafford
MOTION:
Adopt L.004.
SECONDED:
Boyd
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
04:47 PM
Representative Lundberg discussed L.003.
BILL:
HB05-1042
TIME:
04:49:49 PM
MOVED:
Lundberg
MOTION:
Adopt L.003.
SECONDED:
Cloer
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
No
Not Final YES:
6
NO:
7
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
04:51 PM
Committee members commented on the bill.
BILL:
HB05-1042
TIME:
04:58:46 PM
MOVED:
Boyd
MOTION:
Refer the bill, as amended, to the Committee of the Whole.
SECONDED:
McGihon
VOTE
Berens
Yes
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES:
9
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
04:59 PM
The committee recessed.
05:11 PM -- House Bill 05-1016
Representative White, sponsor, presented the bill regarding corporate practice of physical therapy. He stated the bill addresses unintended consequences of prior legislation. Amendments L.002, L.003, L.005, and L.006 were distributed to members (Attachments H to K).
The following persons testified.
05:13 PM --
Kevin Heupel, Department of Regulatory Agencies (DORA), stated the bill was requested by the department to better reflect the practice of physical therapy.
05:17 PM --
Ellen Caruso and Audrey Waldron, American Physical Therapy Association, spoke in favor of the bill. Ms. Caruso discussed the amendments.
05:31 PM --
Janet Foltz, Exempla Health Care, spoke in support of the bill.
05:32 PM --
Victoria Koury, Colorado Trial Lawyers Association, raised concerns regarding who might be liable for actions by physician therapists.
05:38 PM --
Cristina Rathke Bishop, physical therapist and DORA board member, spoke in support of the bill.
05:39 PM --
Kathy Oatis, Colorado Chiropractors Association, spoke in support of amendment L.005.
05:40 PM --
Janet Fox Stephens, Colorado Health and Hospital Association, spoke in support of L.006.
05:42 PM
Representative White made concluding remarks.
BILL:
HB05-1016
TIME:
05:43:21 PM
MOVED:
Cloer
MOTION:
Adopt L.006.
SECONDED:
Stafford
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
BILL:
HB05-1016
TIME:
05:43:37 PM
MOVED:
Cloer
MOTION:
Adopt L.005.
SECONDED:
Stafford
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
BILL:
HB05-1016
TIME:
05:44:01 PM
MOVED:
Cloer
MOTION:
Adopt L.003.
SECONDED:
Stafford
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
BILL:
HB05-1016
TIME:
05:44:43 PM
MOVED:
Cloer
MOTION:
Refer the bill, as amended, to the Committee of the Whole.
SECONDED:
Berens
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
05:47 PM -- House Bill 05-1052
Representative Gallegos, sponsor, presented the bill increasing the eligibility standards for the Property Tax/Rent and Heat/Fuel Grant Program. He distributed a copy of the program's application (Attachment L). Amendment L.003 was distributed to members (Attachment M).
The following persons testified.
05:57 PM --
Eileen Doherty, Colorado Gerontological Society, spoke in support of the bill.
05:59 PM --
Ray Abeyta, citizen, spoke in support of the bill. He discussed the poverty level of the grant recipients.
06:06 PM
Representative Gallegos discussed his constituents' needs and made concluding remarks.
06:10 PM
Representative Frangas discussed and amended L.003. Members discussed the amendment.
06:17 PM
Representative Cloer offered a substitute motion to add a safety clause to the bill. No second was offered to the motion.
BILL:
HB05-1052
TIME:
06:21:14 PM
MOVED:
Frangas
MOTION:
Adopt L.003, as amended.
SECONDED:
Stafford
VOTE
Berens
No
Clapp
No
Cloer
No
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES:
8
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS
06:22 PM
Members commented on the bill.
BILL:
HB05-1052
TIME:
06:26:40 PM
MOVED:
Berens
MOTION:
Refer the bill, as amended, to the Committee on Finance.
SECONDED:
Weissmann
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
Yes
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES:
11
NO:
2
EXC:
0
ABS:
0
FINAL ACTION:
PASS
06:29 PM -- House Bill 05-1037
Representative Harvey, sponsor, presented the bill codifying Medicaid coverage for certain adopted children. He distributed a report by the Lieutenant Governor's Committee to Promote Adoption (Attachment N).
The following persons testified.
06:33 PM --
Brian Boatright, member, Lieutenant Governor's Committee to Promote Adoption, discussed the juvenile cases he sees as a judge.
06:37 PM --
Barbara Prehmus, Department of Health Care Policy and Financing, spoke in support of the bill.
06:41 PM
Representative Harvey made concluding remarks.
BILL:
HB05-1037
TIME:
06:42:26 PM
MOVED:
Stafford
MOTION:
Refer the bill to the Committee of the Whole.
SECONDED:
Clapp
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
06:43 PM
The committee adjourned.