Bill Summary for Bill Number HB06-1076

Date: 02/07/2006

Final
BILL SUMMARY for HB06-1076

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Conceptual amendment to L.008 (WITHDRAWN) Conceptual amendment to L.009 Move House Bill 06-1076 to the Committee of the Wh Moved amended prepared amendment L.009 (Attachment Moved prepared amendment L.008 (Attachment B). Th	TIE Pass Without Objection PASS Pass Without Objection Pass Without Objection

10:44 AM -- House Bill 06-1076

Representative Penry, prime sponsor, came to the table. The bill concerns the immunity from civil liability under the "Volunteer Service Act." Representative Penry stated that HB 06-1076 attempts to correct the Volunteer Services Act in order to facilitate volunteerism by medical service providers. Representative Penry responded to questions from the committee regarding how this bill differs from current Colorado law and the litigation history of cases against volunteer medical providers. The committee also asked questions regarding insurance coverage for volunteer medical services, both for the provider and for the recipient.

10:55 AM -- Janet Rowland, Mesa County Commissioner, spoke in support of the bill. She discussed medical professionals who want to provide free medical services to individuals who cannot afford to pay, but are concerned about the possible civil liability repercussions. Ms. Rowland stated that the medical professionals she has spoken with are most concerned with frivolous lawsuits.

10:59 AM -- Dan Cox and Jackie Nishya, Canyon View Vineyard Church in Grand Junction, spoke in support of the bill. Pastor Cox discussed the liability issues facing churches that want to provide free health care services. Ms. Nishya spoke about the questions she gets from medical care providers who are interested in volunteering at her church. Most are concerned about liability. She gave the example of health screenings, which increase access to medical care. Ms. Nishya responded to questions from the committee regarding immunity from license revocation. Ms. Nishya provided anecdotal evidence about patients who are in need of free medical services.

11:11 AM -- Steve Hurd, Executive Director of Marillac Clinic in Grand Junction, spoke in support of the bill. Mr. Hurd discussed the medical needs of citizens in Mesa County. He stated that there is a gap into which individuals who do not qualify for Marillac may fall and discussed a plan to partner with volunteer organizations in order to close the gap. Mr. Hurd responded to questions from the committee about whether his clinic would be able to expand services to the people in this gap even if the liability barrier is not removed. The committee also asked if this bill would remove the litigation recourse for legitimate lawsuits, in addition to frivolous lawsuits. Representative Penry responded with...

11:21 AM -- Don Mielke, Colorado Chiropractic Association, spoke in support of the bill. He stated that this bill expands the Good Samaritan Act and protects medical providers who wish to offer their services on a volunteer basis. He brought up the case of Hurricane Katrina and the need for as many medical providers as possible to respond in the case of an emergency. Mr. Mielke responded to questions from the committee regarding a history of litigation in instances of volunteerism. The committee had an extensive discussion regarding protections in Colorado against frivolous lawsuits.

11:33 AM -- Sean Caffrey, President of the Emergency Medical Services Association of Colorado, spoke in support of the bill. He also spoke in support of an amendment that would include certain emergency services entities in Colorado within the scope of the bill. Mr. Caffrey responded to questions from the committee regarding difficulties in recruiting volunteer members.

11:38 AM -- Darren Shanker, Colorado Trial Lawyers Association, spoke in opposition to the bill. He discussed the Federal Volunteer Protection Act and stated that the federal legislation already protects volunteers. He mentioned two important differences between this bill and the federal act. First, this bill provides liability protection for a volunteer outside the scope of his or her stated volunteer... Second, under this bill hospitals can be held blameless in a case where a volunteer is not properly supervised. He also discussed some ways to address the problem of medical providers who are unwilling to provide volunteer services because of the risk of liability. Mr. Shanker stated that the scope of immunity in this bill is too broad. The committee discussed extensively the concerns raised by Mr. Shanker with input from Representative Penry.

12:00 PM -- Larry Putz, Medical Reserve Corps, spoke in support of the bill. Dr. Putz reiterated the testimony of previous witnesses with regard to the reluctance of medical professionals to volunteer their services for fear of liability issues. Dr. Putz responded to questions from the committee regarding the transfer of liability protection for volunteer medical providers.


BILL:	HB06-1076
TIME:	12:05:37 PM
MOVED:	Clapp
MOTION:	Moved a conceptual amendment to L.009. On line 11 of L.009, after "FORMED FOR THE", add "SOLE". The motion passed without objection.
SECONDED:	Witwer
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1076
TIME:	12:08:46 PM
MOVED:	Clapp
MOTION:	Moved amended prepared amendment L.009 (Attachment A). The motion passed without objection.
SECONDED:	Witwer
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1076
TIME:	12:10:46 PM
MOVED:	Clapp
MOTION:	Moved prepared amendment L.008 (Attachment B). The motion passed without objection.
SECONDED:	Witwer
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

12:14 PM

Representative Penry wrapped up his presentation.


BILL:	HB06-1076
TIME:	12:16:59 PM
MOVED:	Hefley
MOTION:	Move House Bill 06-1076 to the Committee of the Whole, as amended, with a favorable recommendation. The motion passed on a vote of 7-4.
SECONDED:	Gardner
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	No
	McGihon	No
	Witwer	Yes
	Carroll M.	No
	Carroll T.	No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS