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

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON PUBLIC & BEHAVIORAL HEALTH & HUMAN SERVICES
Date 04/20/2021
Attendance
Bradfield X
Cutter X
Gonzales-Gutierrez X
Holtorf X
Jodeh X
Larson *
Ortiz X
Pelton X
Ricks X
Woog X
Young X
Sirota X
Michaelson Jenet X
Time 01:31:00 PM to 04:49:36 PM
Place HCR 0112
This Meeting was called to order by Michaelson Jenet
This Report was prepared by Alexa Kelly
Hearing Items Action Taken
SB21-195 Referred to the Committee of the Whole
SB21-128 Referred to House Appropriations
SB21-167 Amended, referred to the Committee of the Whole
HB21-1258 Amended, referred to House Appropriations
SB21-038 Referred to House Appropriations

SB21-195 - Referred to the Committee of the Whole


01:31:12 PM  

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.

01:34:25 PM  
Representative Soper, bill sponsor, gave opening comments on the bill.
01:34:47 PM  
Mr. Carl Stevens, representing Colorado Bar Association, testified in support of the bill.
01:38:01 PM  

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



01:40:38 PM
Motion Refer Senate Bill 21-195 to the Committee of the Whole.
Moved Sirota
Seconded Cutter
Bradfield Yes
Cutter Yes
Gonzales-Gutierrez Excused
Holtorf Yes
Jodeh Yes
Larson Yes
Ortiz Yes
Pelton Yes
Ricks Yes
Woog Yes
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 12   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB21-128 - Referred to House Appropriations


01:40:51 PM  
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.
  • 01:42:29 PM  
    Committee members asked questions of the bill sponsor.
    01:42:39 PM  
    Mr. Randy Kuykendall, representing Colorado Department of Public Health, testified in support of the bill. The witness responded to questions from committee members.
    01:51:18 PM  
    Mr. Colin Laughlin, representing Department of Health Care Policy and Financing, answered questions from committee members.
    02:05:22 PM  
    The previous witnesses continued to respond to questions from committee members.


    02:09:59 PM
    Motion Refer Senate Bill 21-128 to the Committee on Appropriations.
    Moved Sirota
    Seconded Ortiz
    Bradfield No
    Cutter Yes
    Gonzales-Gutierrez Yes
    Holtorf No
    Jodeh Yes
    Larson No
    Ortiz Yes
    Pelton No
    Ricks Yes
    Woog No
    Young Yes
    Sirota Yes
    Michaelson Jenet Yes
    Final YES: 8   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



    SB21-167 - Amended, referred to the Committee of the Whole


    02:13:11 PM  

    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.

    02:23:16 PM  
    Representative Larson distributed and spoke on amendment L.012 (Attachment A) to the committee.
    02:25:58 PM  
    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.
    02:31:55 PM  
    Representative Larson spoke on amendment L.012 (Attachment A).


    02:32:38 PM
    Motion Adopt amendment L.012 (Attachment A)
    Moved Larson
    Seconded Pelton
    Bradfield
    Cutter
    Gonzales-Gutierrez
    Holtorf
    Jodeh
    Larson
    Ortiz
    Pelton
    Ricks
    Woog
    Young
    Sirota
    Michaelson Jenet
    YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
    02:32:39 PM  
    Representative Larson gave final comments on the bill.


    02:33:57 PM
    Motion Refer Senate Bill 21-167, as amended, to the Committee of the Whole.
    Moved Larson
    Seconded Pelton
    Bradfield Yes
    Cutter Yes
    Gonzales-Gutierrez Yes
    Holtorf Yes
    Jodeh Yes
    Larson Yes
    Ortiz Yes
    Pelton Yes
    Ricks Yes
    Woog Yes
    Young Yes
    Sirota Yes
    Michaelson Jenet Yes
    Final YES: 13   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



    HB21-1258 - Amended, referred to House Appropriations


    02:35:38 PM  

    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.

    02:36:39 PM  
    Representative Van Winkle, bill sponsor, gave opening comments on the bill.
    02:38:18 PM  
    The bill sponsors responded to questions from committee members.
    02:47:30 PM  
    Bill sponsors continued to answer questions from committee members.
    02:47:45 PM  

    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.

    03:14:25 PM  
    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.
    03:27:36 PM  
    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.
    03:43:02 PM  
    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.
    03:52:28 PM  

    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.

    04:10:29 PM  
    Representative Michaelson
    Jenet introduced and spoke about amendment L.001 (Attachment C).



    04:11:28 PM
    Motion Adopt amendment L.001 (Attachment C)
    Moved Michaelson Jenet
    Seconded Pelton
    Bradfield
    Cutter
    Gonzales-Gutierrez
    Holtorf
    Jodeh
    Larson
    Ortiz
    Pelton
    Ricks
    Woog
    Young
    Sirota
    Michaelson Jenet
    YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
    04:11:47 PM  

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



    04:12:24 PM
    Motion Adopt amendment L.002 (Attachment D)
    Moved Michaelson Jenet
    Seconded Pelton
    Bradfield
    Cutter
    Gonzales-Gutierrez
    Holtorf
    Jodeh
    Larson
    Ortiz
    Pelton
    Ricks
    Woog
    Young
    Sirota
    Michaelson Jenet
    YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
    04:12:24 PM  

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

    04:12:53 PM  
    Committee members gave final comments on the bill.


    04:20:15 PM
    Motion Refer House Bill 21-1258, as amended, to the Committee on Appropriations.
    Moved Michaelson Jenet
    Seconded Cutter
    Bradfield Yes
    Cutter Yes
    Gonzales-Gutierrez Yes
    Holtorf Yes
    Jodeh Excused
    Larson Yes
    Ortiz Yes
    Pelton Yes
    Ricks Yes
    Woog No
    Young Yes
    Sirota Yes
    Michaelson Jenet Yes
    Final YES: 11   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS



    SB21-038 - Referred to House Appropriations


    04:20:47 PM  
    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.
  • 04:22:05 PM  
    Representative Van Winkle, bill sponsor, gave opening comments on the bill.
    04:22:59 PM  
    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.
    04:42:30 PM  

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

    04:43:41 PM  
    Committee members gave final remarks on the bill.


    04:49:20 PM
    Motion Refer Senate Bill 21-038 to the Committee on Appropriations.
    Moved Ortiz
    Seconded Pelton
    Bradfield Yes
    Cutter Yes
    Gonzales-Gutierrez Yes
    Holtorf Yes
    Jodeh Excused
    Larson Yes
    Ortiz Yes
    Pelton Yes
    Ricks Yes
    Woog Yes
    Young Yes
    Sirota Yes
    Michaelson Jenet Yes
    Final YES: 12   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS


    04:49:36 PM   The committee adjourned.






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