House Committee on Health and Human Services (03/23/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	03/23/2009	ATTENDANCE

Time:	01:31 PM to 04:41 PM	Acree	X
		Fischer	X
Place:	LSB A	Gerou	*
		Green	X
This Meeting was called to order by		Kefalas	X
	Representative Riesberg	Kerr J.	X
		Nikkel	X
This Report was prepared by		Primavera	X
	Kelly Stapleton	Swalm	X
		Gagliardi	X
		Riesberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1314 SB09-144 SB09-128 SB09-056		Referred to the Committee of the Whole Referred to Appropriations Referred to Appropriations Amended, Referred to the Committee of the Whole

01:31 PM -- House Bill 09-1314

Representative Judd presented House Bill 09-1314 which allows the State Board of Human Services to promulgate rules related to standards for security in youth day treatment centers.

01:35 PM -- Roger Esquibel, Division of Child Care, Colorado Department of Human Services, testified in support of the bill. Mr. Esquibel described situations in which a day treatment center would have the need to use locked quiet rooms. He also explained the criteria a facility would have to meet in order to use locked quiet rooms, such as certain lighting requirements in the room, the presence of a window in the room, and the amount of time a child may be left in a locked room. He stated there are several oversight requirements a facility must meet in order to use locked quiet rooms.

01:42 PM -- Annie Green, Deputy Director, and Johanna Wohl, resident psychologist, Laradon Hall , spoke in support of the bill. Ms. Green described the population that Laradon Hall serves and stated that the facility is licensed by the Department of Human Services as a day treatment center. She stated that the facility closed the residential treatment center last year, but kept the day treatment center active. She stated that the facility received a waiver from the department to continue to use locked quiet rooms. Ms. Green stated that last spring, the department informed her that the facility would no longer be able to use the locked quiet rooms at the facility.

01:45 PM -- Ms. Wohl, resident psychologist, Laradon Hall, provided information to the committee regarding the population at Laradon Hall. She stated that most of the individuals attending the facility have very low cognitive abilities. She stated that with this particular population, locked quiet rooms are a better way to calm a child due to their sensitivity to too much stimulus. She stated that a physical hold or restraint does not help the child to self-soothe, and can actually elevate and worsen the situation. She also commented on the increase level of injuries to staff since discontinuing the use of locked quiet rooms.

01:49 PM -- Ms. Green stated that Laradon Hall has developed an action plan with regard to implementing locked quiet rooms and looks forward to continuing its relationship with the department.


BILL:	HB09-1314
TIME:	01:52:13 PM
MOVED:	Kefalas
MOTION:	Moved to refer House Bill 09-1314 to the Committee of the Whole. The motion passed on a 11-0 roll call vote.
SECONDED:	Green
		VOTE
	Acree	Yes
	Fischer	Yes
	Gerou	Yes
	Green	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Nikkel	Yes
	Primavera	Yes
	Swalm	Yes
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:53 PM -- Senate Bill 09-144

Representative Gagliardi presented Senate Bill 09-144 which expands the mission of the Colorado Commission for the Deaf and Hard of Hearing by:

creating the position of system navigator specialist to promote public awareness and provide

technical assistance;

clarifying the commission's role in arranging services and accommodation for the deaf and

hard of hearing in the state court system; and

establishing a grant program to address the needs of the deaf and hard of hearing community.

Representative Gagliardi explained that in addition, the commission is to establish rules for the grant program and form a subcommittee to review and approve grant applications. The bill also specifies that the state court system does not include municipal courts. She stated that the bill allows the board to revise the qualifications for commission members and the procedures for filling vacancies. Representative Gagliardi stated that the commission is funded by revenue from the Colorado Disabled Telephone Users Fund. A fact sheet in support of the bill was provided to the committee (Attachment A). Representative Riesberg explained that there were several interpreters at the hearing.

01:57 PM -- Cliff Moers, Colorado Commission for the Deaf and Hard of Hearing, Department of Human Services, spoke in support of the bill. Mr. Moers stated, via an interpreter, that he is deaf. He stated that the commission is concerned with educating the community and benefiting the deaf and hard of hearing citizens of Colorado. He described what auxiliary services would be provided under the bill, such as a cart service at legal hearings. A cart service includes an individual who provides real-time interpretation and projects the information being discussed onto a projection screen. Committee members discussed the proposed increase to the Disabled Telephone Users Fund.

02:16 PM -- Mary McGhee, Department of Human Services, spoke in support of the bill. Ms. McGhee provided information regarding the Deaf and Hard of Hearing Commission. She stated that the Public Utilities Commission (PUC) places a cap on the amount of fee increase that may be imposed on the Disabled Telephone Users Fund. She stated that the most the fee could be increased to is 15 cents without the approval of the PUC. In response to Representative Primavera's question regarding whether cell phone users are accessed a fee, Ms. McGhee stated that there are approximately 12 other states with a fee on cell phone users. She stated that the commission responds to several hundred calls from people seeking assistance. Representative Swalm asked about the statewide hiring freeze with regard to the 1.6 FTEs requested in the bill. Ms. McGhee stated they would have to make a request to the Governor in order to hire additional individuals. Committee members asked several questions of the witness.

02:34 PM -- Cheri Davis, Manager, Legal Auxiliary Program for the Deaf and Hard of Hearing Commission, spoke in support of the bill. She spoke to the need for auxiliary services for deaf and hard of hearing individuals in court settings.

02:39 PM -- Kim Parra, Advocacy Services for Abused Deaf Women and Children (DOVE), spoke in support of the bill. She reiterated the need for legal auxiliary services for deaf and hard of hearing individuals. She stated that the state may save money by providing for such services. She stated that when a deaf or hard of hearing individual appears for court, be it a victim or defendant, many times the court date must be rescheduled because services and interpretation are not provided. She stated that the Deaf and Hard of Hearing Commission would coordinate these types of services for the court, ultimately saving time and money.

02:43 PM -- Karen Keil, spoke in support of the bill. Ms. Keil stated that she is hard of hearing. She stated that technical assistance is essential for hard of hearing people, as many do not understand sigh language.

02:47 PM

Representative Gagliardi provided a wrap up to the bill.


BILL:	SB09-144
TIME:	02:49:02 PM
MOVED:	Gagliardi
MOTION:	Moved to refer Senate Bill 09-144 to the Committee on Appropriations. The motion passed on a 10-1 roll call vote.
SECONDED:	Green
		VOTE
	Acree	Yes
	Fischer	Yes
	Gerou	Yes
	Green	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Nikkel	Yes
	Primavera	Yes
	Swalm	No
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:51 PM -- The committee took a brief recess.

02:55 PM -- The committee reconvened.

Senate Bill 09-128

Representative Green presented Senate Bill 09-128 which implements the recommendations from the Department of Regulatory Agencies' sunset review for the Qualified Administration of Medication by unlicensed persons (QMAP) program. Representative Green stated that QMAP are individuals who help people take medications, but do not have a medical license. She stated that the bill continues the QMAP program, requires that QMAPs pass a competency evaluation every five years, and removes the program from the sunset review process.

03:04 PM -- Brian Tobias, Department of Regulatory Agencies, responded to questions from the committee. Mr. Tobias explained the circumstances in which an unlicensed person would administer medication, such as an individual in an assisted living facility would dispense medication at a particular time in accordance with a physician's order to a person living at the assisted living facility. He clarified that the Department of Public Health and Environment does not regulate QMAPs, that the department's role is in education and testing.


BILL:	SB09-128
TIME:	03:15:34 PM
MOVED:	Green
MOTION:	Moved to refer Senate Bill 09-128 to the Committee on Appropriations. The motion passed on a 11-0 roll call vote.
SECONDED:	Swalm
		VOTE
	Acree	Yes
	Fischer	Yes
	Gerou	Yes
	Green	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Nikkel	Yes
	Primavera	Yes
	Swalm	Yes
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:16 PM -- The committee took a brief recess.

03:19 PM -- Senate Bill 09-056

The committee reconvened. Representative Riesberg presented Senate Bill 09-056 which requires an outside, independent group to conduct a feasibility study concerning operations of the Trinidad State Nursing Home by August 1, 2009. Representative Riesberg explained that the Trinidad State Nursing Home has been operating at a $4 million loss since 1999. He stated there are several concerns regarding the deficit. Representative Riesberg explained to the committee that because the Trinidad State Nursing Home and the four other state-operated veteran homes are a cash-funded "enterprise", the Trinidad State Nursing Home deficit is draining resources from the other state-owned veteran homes. Representative Riesberg stated that the facility is need of about $8.5 million worth of repair. He stated that Senate Bill 09-056 will enable the state to transfer the facility to a private or public nursing home operator. A fact sheet in support of the bill, a financial sheet on the Trinidad State Nursing Home since 1996, and an outline of the legislative history of the nursing home was provided to the committee (Attachment B). There was discussion regarding the funding of the Trinidad State Nursing Home.

03:40 PM -- Bill Hanna, Director, Office of Policy and Legislative Initiatives, Department of Human Services, spoke in support of the bill. He concurred with what the sponsor of the bill relayed to the committee. Mr. Hanna stated that the department is concerned with the employees who are employed at the nursing home. He spoke to the feasibility study and what the department hopes to accomplish. He stated that the department would like to see a public/private collaboration regarding the operations of the state nursing home.

03:49 PM -- James Vigil, Las Animas County Commissioner, spoke in support of the bill. Mr. Vigil stated that the nursing home is not a "toxic asset", and that there is some viability to it. Representative Green mentioned that most of the clients living in the state nursing home are not private paying clients, indicating that a majority of the clients are Medicaid clients. Mr. Vigil stated that approximately 15 percent of the clients at the Trinidad State Nursing Home are private paying clients. Mr. Vigil spoke to the significant impact on the loss of employment for the town of Trinidad if the state nursing home were to close. He stated that it would be the equivalent of Denver losing United Airlines as an employer.

04:00 PM -- Thomas Murphy, Las Animas Health Care District, testified in support of the bill. He stated that several stakeholders in the community have been meeting in order to solve the problem in the long run. He stated that the feasibility study will help address the issue immediately.

04:04 PM -- Vicki Manely, Office Director, State and Veteran Nursing Homes, Department of Human Services, spoke in support of the bill. She provided information regarding the population of the state nursing home. She stated that one suggestion she heard from committee members to transfer the nursing home, and make it a veterans hospital would most likely not work. She stated that the nursing home would have to qualify as a veterans home. One of the requirements for a hospital to be designated as a veterans home is to show a need for it in a particular area. She stated there are three other veterans homes in the area, which would most likely disqualify Trinidad from getting this designation. Ms. Manely spoke to what might happen if the bill were to pass. Ms. Manley responded to committee questions.

04:23 PM -- Jeff Jerebker, President, Pinon Management, spoke in support of the bill. Mr. Jerebker concurred with previous testimony.

04:24 PM -- Virginia Bedford, Chair, State Board for State and Veteran Nursing Homes, spoke in support of the bill.

04:27 PM -- George Thomas, United Veterans Committee of Colorado, spoke in support of the bill.

04:31 PM

Representative Riesberg provided concluding remarks to the bill.


BILL:	SB09-056
TIME:	04:37:31 PM
MOVED:	Riesberg
MOTION:	Moved to adopt prepared amendment L.005 (Attachment C). The motion passed without objection.
SECONDED:	Kerr J.
		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:	SB09-056
TIME:	04:38:23 PM
MOVED:	Riesberg
MOTION:	Moved to refer amended Senate Bill 09-056 to the Committee of the Whole. The motion passed on a 11-0 roll call vote.
SECONDED:	Nikkel
		VOTE
	Acree	Yes
	Fischer	Yes
	Gerou	Yes
	Green	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Nikkel	Yes
	Primavera	Yes
	Swalm	Yes
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:40 PM

The committee adjourned.