Date: 03/19/2009

Final
BILL SUMMARY for HB09-1028

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Moved to adopt prepared amendment L.005, which is
Moved to adopt severed amendment L.006, Section A
Moved to adopted severed amendment L.006, Section
Moved to refer House Bill 09-1028, as amended, to
Pass Without Objection
Pass Without Objection
FAIL
PASS


01:33 PM -- House Bill 09-1028

Representative Frangas spoke to House Bill 09-1028 which, as amended, would require the Department of Health Care Policy and Financing to establish procedures to resolve grievances from medically indigent persons who are enrolled in the Colorado Indigent Care Program (CICP). House Bill 09-1028 was heard in the House Health and Human Services Committee February 2, 2009, and was referred to the Committee of the Whole. The Committee of the Whole referred the bill to the House Finance committee which heard the bill on March 10, 2009, and then re-referred the bill back to the House Health and Human Services Committee.


01:43 PM

Committee members asked several questions of the sponsor. There were questions regarding the fiscal note and if it reflected the amended bill. Representative Frangas spoke to amendments L.005, which is a strike below amendment, and L.006, which amends the strike below amendment (Attachments A and B). Representative Riesberg asked the committee whether it wanted to hear testimony on the bill. There was discussion regarding procedures concerning re-referred bills.


01:58 PM

Julie Reiskin, Colorado Cross Disability Coalition, spoke in support of the strike below amendment, amendment L.005 (Attachment A). She explained to the committee why the bill was referred to the House Committee on Finance from the Committee of the Whole, and then why it was re-referred back to the House Health and Human Services Committee. She spoke to a memorandum regarding the fiscal note dated March 19, 2009 (Attachment C). She stated that she would prefer that the bill establish a citizen oversight board, but she stated that it is unrealistic given the cost of the fiscal note. She provided a letter from a constituent of Representative Kefalas regarding the impacts of a lack of grievance process (Attachment D).

02:06 PM --
Janet Stephens, Colorado Hospital Association, spoke in support of the strike below amendment. She spoke to the grievance process hospitals must follow when a patient is unsatisfied with their care. Committee members asked if Ms. Stephens was familiar with how the grievance process occurs through the department. She stated she was not familiar with the process.

02:19 PM --
Jennifer Miles, Colorado Community Health Network (CCHN), stated that the health network supports some kind of grievance process for CICP clients. She reiterated that CCHN does not support the bill without the adoption of the strike below amendment. She stated that the Joint Budget Committee cut the Comprehensive Primary and Preventative Care Grant Program from $3 million down to $300,000, so the proposed funding for the bill has all but been removed. She stated that CCHN has some concerns with exempting out one type of provider as amendment L.006 does. She stated that all patients who have a complaint go through a similar process, regardless of their status, or if the client is enrolled in the CICP.

02:29 PM --
Chris Underwood, Director, Division of State Programs and Federal Funding, Department of Health Care Policy and Financing, provided a handout to the committee regarding the grievance process for CICP clients which is currently in place (Attachment E). Mr. Underwood explained the process and stated that CICP clients are encouraged to call the department's customer services number. He stated that on the backside of the handout, the department, in collaboration with the CICP Stakeholders Forum, provides further suggestions on how to address the grievance process for CICP clients. He acknowledged that the process needs to be reviewed and marketed better, but he stated the department does not support putting something into law.


02:45 PM

Representative Frangas stated that there is a need to put this process in state law to provide legislative intent. He questioned what might happen if the current executive director leaves the department. He stated that the new executive director may not have the same intention as the current executive director has.
BILL:HB09-1028
TIME: 02:50:58 PM
MOVED:Riesberg
MOTION:Moved to adopt prepared amendment L.005, which is a strike below amendment (Attachment A). The motion passed without objection.
SECONDED:Green
VOTE
Acree
Fischer
Gerou
Green
Kefalas
Kerr J.
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:50 PM -- Representative Primavera stated that she would like to consider amendment L.006 without the hospital exemption. Committee members discussed severing amendment L.006. Section A of amendment L.006 consists of lines 1 though 5. Section B of amendment L.006 consists of lines 6 though 10.
BILL:HB09-1028
TIME: 02:51:46 PM
MOVED:Riesberg
MOTION:Moved to adopt severed amendment L.006, Section A (Attachment B). The motion passed without objection.
SECONDED:Green
VOTE
Acree
Fischer
Gerou
Green
Kefalas
Kerr J.
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1028
TIME: 02:52:35 PM
MOVED:Riesberg
MOTION:Moved to adopted severed amendment L.006, Section B. The motion failed on a 5-6 roll call vote.
SECONDED:Green
VOTE
Acree
Yes
Fischer
No
Gerou
Yes
Green
No
Kefalas
No
Kerr J.
Yes
Nikkel
Yes
Primavera
No
Swalm
Yes
Gagliardi
No
Riesberg
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1028
TIME: 02:54:49 PM
MOVED:Green
MOTION:Moved to refer House Bill 09-1028, as amended, to the Committee on Appropriations. The motion passed on a 6-5 roll call vote.
SECONDED:Gagliardi
VOTE
Acree
No
Fischer
Yes
Gerou
No
Green
Yes
Kefalas
Yes
Kerr J.
No
Nikkel
No
Primavera
Yes
Swalm
No
Gagliardi
Yes
Riesberg
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS