H_PHC_2020A 03/04/2020 11:56:08 AM Committee Summary

Representative Lontine, bill sponsor, presented the House Bill 20-1302.

This bill makes changes to reporting requirements for the mistreatment of at-risk adults, requires employers to provide access to documents to counties conducting investigations of allegations of mistreatment, and updates who must receive a background check through Colorado's Adult Protection Services data system (CAPS).

Reporting requirements.  Under current law, when a county adult protection service unit or a local law enforcement agency receives a report of known or suspected mistreatment of an at-risk adult, that agency must prepare a written report within 48 hours.  This bill requires that agency to prepare the written report within 24 hours of receiving the allegation.  The bill also allows the report of mistreatment to be disclosed without a court order when the disclosure is made to an employer or oversight agency that requested a background check of an employee.  Disclosure may also occur when there is a criminal investigation into an allegation of mistreatment or when there is a review of a death by a coroner when the death is suspected to be related to mistreatment.

Investigations.  The bill requires employers to allow access to persons, documents, and other evidence to a county adult protection service unit when there is an investigation into an allegation of mistreatment.  This requirement does not apply to attorneys who are providing legal assistance to individuals who have a contract with an Area Agency on Aging.  Failure to allow access to counties is a class 1 misdemeanor.

Background checks.  The bill also requires that background checks of data in CAPS be conducted for an employer who is also an employee.  If an employee is determined to have a substantiated finding of mistreatment, the employer and the employer's parent company or oversight agency will receive the results.  Employers may also request CAPS checks on any volunteer who will provide direct care to an at-risk adult and requires the Office of the Public Guardianship to conduct CAPS checks on anyone hired as a guardian.  Finally, the bill creates two class 1 misdemeanors for anyone who requests a CAPS check on someone who is not an employee or not being considered for employment, and when an individual knowingly provides inaccurate information for a CAPS background check.      

Yolanda Webb, Department of Human Services, testified in support of the bill.

Ms. Webb responded to questions from the committee.

Doug Farmer, Colorado Health Care Association, testified in opposition to the bill.

Ken Kerver, representing himself, testified in opposition to the bill.

Dana Runager, Genesis Health Care, testified in opposition to the bill.

Cole Papish, representing himself, testified in opposition to the bill.

Maureen Welch, representing herself, testified in opposition to the bill and distributed a handout to the committee (Attachment A).

The previous panel of witnesses responded to questions from the committee.

Coral Cosway, Alzheimer's Association, testified in support of the bill.

Jeanette Hensley, Colorado Senior Lobby, testified in support of the bill.

Rob Hernandez, representing himself, testified in opposition to the bill.

David Bolin, representing himself, testified about the bill.

Amber Burkhart, Colorado Hospital Association, testified in a neutral position about the bill.

Sophia San Miguel, representing herself, testified about the bill.

The previous panel of witnesses responded to questions from the committee.

Mindy Gates, Department of Human Services, testified in favor of the bill.

Peg Rogers, Department of Human Services, testified in favor of the bill.

The previous panel responded to questions from the committee.

Representative Lontine, described amendment L.001 and distributed it to the committee (Attachment B).

The bill sponsor made final comments on the bill.

The committee members made final comments on the bill.

Representative Landgraf and Representative Kraft Tharp, bill sponsors, presented House Bill 20-1317.

The bill makes several changes to the operations of the Colorado Children's Trust Fund (CCTF) and the membership of its board.  

CCTF board membership and powers.  The bill increases the membership of the CCTF board from 9 to 17 members.  The 8 new members include the director of the Department of Health Care Policy and Financing (HCPF); the director of the Department of Local Affairs (DOLA); the Child Protection Ombudsman; two members who represent county leadership in public health, human, or social services; one member who is a parent or representative of a parent organization; and two members appointed by the leader of each house of the General Assembly.  The bill imposes a two term limit on board members.  

The bill also renames the fund as the "Colorado Child Abuse Prevention Trust Fund" and expands the duties and powers of the board accordingly.  Namely, it authorizes the board to advise various entities on child maltreatment prevention, develop strategies to decrease its incidence, and to monitor local child maltreatment prevention plans.

CCTF revenue and spending.  Under current law, the CCTF board is only allowed to spend 75 percent of money credited to the CCTF until the total amount of assets in the fund exceeds $5 million, and once this threshold is reached, court docket fees are no longer deposited into the fund.  This bill repeals these statutory restrictions on both fee collection to and spending from the fund.  

Reporting and repeal deadlines.  The bill extends the reporting and repeal deadlines by four years.  It extends the deadline for the Department of Human Services (DHS) to provide a report to the General Assembly evaluating CCTF expenditures and impacts of grants to November 1, 2025.  The bill also extends the repeal date of the CCTF and board to July 1, 2026.

 

 

 

 

Sophia San Miguel, representing herself, testified about the bill.

Kendra Dunn, Department of Human Services, testified in favor of the bill.

Jillian Adams, Illuminate Colorado, testified in favor of the bill.

Tiffany Perrin, representing herself, testified in favor of the bill.

Riley Kitts, Colorado Children's Campaign, testified in favor of the bill.

Representative Landgraf introduced amendment L.001 (Attachment C).

Representative Mullica, bill sponsor, described Senate Bill 20-087.

Starting on January 1, 2021, this bill requires an individual to pass a nationally accredited central service exam, and hold either a certified registered central service technician credential or a sterile processing and distribution technician credential in order to work as a central service technician, with certain exceptions.  Anyone who does not meet these requirements may continue to work as a central technician for up to 18 months as long as they are making a good-faith effort to satisfy the requirements.  These requirements do not apply to a person who:

• was employed as a central service technician in a hospital or ambulatory surgical center for at least one year between December 31, 2015, and December 31, 2020;
• was employed by a hospital or ambulatory surgical center on December 31, 2020; and
• remains continuously employed after December 31, 2020.

Finally, the bill does not prohibit a hospital or ambulatory center from employing a health care professional; a person who holds and maintains a registration, certification, or license to perform health care services; or a student to perform the duties of a central service technician.

Michael Nicoletti, Department of Regulatory Agencies, testified in opposition to the bill.

Josephine Colacci, International Association of Healthcare Central Service Material Management, testified in favor of the bill and distributed a handout to the committee members (Attachment D).

Damien Berg, International Association of Healthcare Central Service Material Management, testified in favor of the bill.

The bill sponsor and the previous panel of witnesses responded to questions from the committee.

The bill sponsor made closing remarks on the bill.

The committee members made closing remarks on the bill.