H_PBH_2021A 04/20/2021 01:31:00 PM Committee Summary

Representative Snyder, bill sponsor, introduced SB21-195. Under current law, two witnesses are required when an individual signs a declaration to withhold or withdraw life sustaining procedures and when an individual fills out a record to make an anatomical gift at the request of a person who is physically unable to sign the record.   The bill allows a notary public to stand in for the two witnesses, unless a court determines otherwise in the interest of justice.

Representative Soper, bill sponsor, gave opening comments on the bill.

Mr. Carl Stevens, representing Colorado Bar Association, testified in support of the bill.

Representative Snyder and Representative Soper gave final comments on the bill.

Representative Lontine,
bill sponsor, introduced SB21-128. The bill transfers final authority over
the Nursing Home Penalty Cash Fund from the Department of Health Care Policy
and Financing (HCPF) to the Department of Public Health and Environment
(CDPHE).  It likewise transfers rulemaking authority, the authority
to set a minimum reserve for the cash fund, and board oversight.  In
addition, the bill:

• requires both
  departments to annually assess and review emergency funding needs and response
  plans for potential nursing facility closures, directs HCPF to administer
  emergency funding, and makes such funding continuously appropriated to
  the department;

broadens the goals
for projects that can be awarded grants from the fund;

removes the prohibition
on non-state, governmental entities from applying for grants;

removes the $10,000
limit on annual administrative costs and directs both departments to jointly
develop an annual administrative budget; and

extends the period
during which CDPHE must notify a nursing home facility after identifying
a violation.

Committee members asked questions of the bill sponsor.

Mr. Randy Kuykendall, representing Colorado Department of Public Health, testified in support of the bill. The witness responded to questions from committee members.

Mr. Colin Laughlin, representing Department of Health Care Policy and Financing, answered questions from committee members.

The previous witnesses continued to respond to questions from committee members.

Representative Larson, bill sponsor, introduced SB21-167. The bill updates regulations on child care centers, as described below.

Child care centers in schools. The bill updates regulations for child care centers on the property of a public school, charter school, or institute charter school. Specifically, the bill clarifies that child care centers in a school do not need a separate fire code or sanitary standards inspection if the school has already received one in the last 12 months. In addition, the Department of Human Services (DHS) must accept proof of a valid certification from a National Playground Safety Certification Expert as it relates to playground facility inspections and requires inspectors to provide a copy of the inspection report to the school or district. Finally, the bill allows children enrolled in a child care center in a school to possess and self-administer certain medication if certain standards are met.

General child care center regulations. The bill also changes regulations for all child care centers. First, the DHS must accept a signed affidavit affirming compliance with record keeping requirements. The bill also allows child care centers in an emergency situation to have an employee who does not meet caregiver qualifications supervise children for a limited time.

Representative Larson distributed and spoke on amendment L.012 (Attachment A) to the committee.

Kim Schulz, representing YMCA of Metropolitan Denver, testified in support of the bill. Dr. Chris Coker, representing Colorado Alliance of YMCAs, testified in support of the bill. Ms. Susan Zimmerman, representing St. Vrain Valley Schools, testified in support of the bill. The panel responded to questions from committee members.

Representative Larson spoke on amendment L.012 (Attachment A).

Representative Larson gave final comments on the bill.

Representative Michaelson Jenet, bill sponsor, introduced HB21-1258. The bill establishes the Temporary Youth Mental Health Services Program within the Office of Behavioral Health (OBH) in the Department of Human Services (DHS). The program reimburses providers for providing up to three mental health sessions to youth screened into the program. The OBH must develop a process to select providers; determine a reasonable reimbursement rate; and implement a statewide public awareness outreach campaign. The OBH must enter into an agreement with a vendor to create or use an existing web based portal made available to youth. The portal must have an age-appropriate mental health screening; allow providers to register and share appoint availability; connect youth to providers who will accept the youth’s insurance; and allow a youth to schedule an appointment regardless of insurance status. The program is repealed June 30, 2022. The bill appropriations $9.0 million General Fund to the DHS for the program, which may be spent through the end of FY 2021-22.

Representative Van Winkle, bill sponsor, gave opening comments on the bill.

The bill sponsors responded to questions from committee members.

Bill sponsors continued to answer questions from committee members.

Robert Werthwein, representing Colorado Department of Human Services, Office of Behavioral Health, testified in support of the bill. Mr. Steve Tool, representing himself, testified in support of the bill. Elsa Cavender, representing herself, testified in support of the bill. Mr. Levon Hupfer, representing 17th District Attorney's Office, the office of Brian S. Mason, testified in support of the bill. The panel responded to questions and comments from committee members.

Aku Unvu, representing herself, testified in support of the bill. Ms. Tessa Boettcher, representing herself, testified in support of the bill. Ms. Jennifer Iversen, representing Douglas County School District Parents of Students with Disabilities, testified in support of the bill. Ms. Katia Morquecho, representing Office of Behavioral Health, testified in support of the bill.

Mr. Vincent Atchity, Mental Health Colorado, testified in support of the bill. Ms. Leanne Rupp, National Association of Social Workers - Colorado Chapter, testified in support of the bill. Steven Haden, Envision: You, testified in support of the bill. Director Angelina Sierra-Sandoval, representing Colorado League of Charter Schools, testified in support of the bill.

Frank Cornelia, representing Colorado Behavioral Healthcare Council, testified in support of the bill. Samantha Nuechterlein, representing Education Reform Now and Democrats for Education Reform, testified in support of the bill. Debbie Stafford, representing Aurora Mental Health Center, testified in support of the bill. The panel of witnesses responded to questions from committee members.

Deb Haviland, representing Community Reach Center, testified in opposition to the bill. Ms. Mary Ann Wisehart, representing herself, testified in opposition to the bill. Ms. Deb Mahan, representing Gazette Charities and Anschutz Foundation, testified in support of the bill. Camille Wolfe, representing Colorado School Social Work Association, testified in support of the bill.

Submitted written testimony can be found in Attachment B.

Representative Michaelson Jenet introduced and spoke on amendment L.002 (Attachment D).

Representative Van Winkle and Representative Michaelson Jenet gave final comments on the bill.

Committee members gave final comments on the bill.

Representative Kennedy,
bill sponsor, introduced SB21-038. The Department of Health Care Policy
and Financing (HCPF) administers the Complimentary or Alternative Medicine
Pilot Program, which allows Medicaid clients with spinal cord injuries
(SCIs) to receive additional medical services not otherwise available to
Medicaid clients. These services include acupuncture, chiropractic care,
and massage therapy. The bill modifies eligibility for the program in two
ways:

• geography-based
  eligibility is expanded from the counties of Adams, Arapahoe, Denver, Douglas,
  and Jefferson, as currently listed in department rule, to include eligible
  individuals residing anywhere in the state.

diagnosis-based
eligibility is expanded from individuals with a SCI, which is further defined
in department rule, to also include individuals with a primary condition
of multiple sclerosis, a brain injury, spina bifida, muscular dystrophy,
or cerebral palsy, with the total inability for independent ambulation
directly resulting from one of these diagnoses.

Representative Van Winkle, bill sponsor, gave opening comments on the bill.

John Morris, representing himself, testified in support of the bill. Ms. Chanda Hinton, representing Chanda Center for Health, testified in support of the bill. Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill. Jennifer Maxwell, representing herself, testified in support of the bill. Benjamin Waters, representing Craig Hospital, testified in support of the bill.

Representative Kennedy and Representative Van Winkle gave final comments on the bill.

Committee members gave final remarks on the bill.