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H_HIE_2016A 04/28/2016 02:32:52 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date: 04/28/2016
ATTENDANCE
Time: 02:32 PM to 05:54 PM
Brown
X
Buckner
X
Place: HCR 0107
Esgar
X
Humphrey
X
This Meeting was called to order by
Joshi
X
Representative McCann
Klingenschmitt
X
Landgraf
*
This Report was prepared by
Lontine
X
Amanda King
Primavera
X
Ransom
*
Ryden
*
Ginal
X
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1435

SB16-147
Amended, Referred to Appropriations

Referred to the Committee of the Whole



02:33 PM -- HB 16-1435



Representative McCann announced that she was laying over Senate Bill 16-135, concerning a pharmacist's provision of health care services that have been delegated by another health care provider, until Tuesday, May 3, 2016.



Representative K. Becker and Representative Duran, co-prime bill sponsor, presented House Bill 16-1435. The bill creates an employment-related public benefits enterprise (enterprise) as a government-owned business and type 1 agency within the Department of Health Care Policy and Financing (HCPF). The enterprise's stated purpose is to improve the health of low-wage workers and their families and thereby benefit low-wage employers by giving them access to a healthier pool of workers. The board of directors of the enterprise consists of seven members appointed by the Governor, representing employers, organized labor, workers receiving assistance under a state-subsidized health care assistance program, and advocates that provide or support health care services for low-income individuals. The bill specifies the various powers of the enterprise.



On and after January 1, 2017, the enterprise must impose a fee on all low-wage employers. For purposes of the fee, a low-wage employer is defined as any entity that employs 250 or more employees in Colorado and pays some of those employees $12 per hour or less (low-wage employees). The enterprise must set the fee as an amount reasonably calculated to reflect the benefit low-wage employers receive from the provision of state-subsidized health care assistance to low-wage employees, but the fee must be between 25 cents and one dollar per hour worked by each low-wage employee. A low-wage employer may credit health care expenditures to or on behalf of a low-wage employee against the fee for each low-wage employee's hours. As long as the enterprise meets the constitutional requirements for enterprise status under the taxpayer's bill of rights, fee revenue does not count against the state fiscal year spending limit.







The employment-related public benefits fee fund (fund) is created in the state treasury, and all fee revenue and interest and income derived from the deposit and investment of the fund is credited to the fund. The enterprise may expend money from the fund to support and improve health care services provided to individuals who are eligible to receive services under the Colorado Medical Assistance Act and to defray its administrative expenses in implementing and administering provisions of the bill. No money in the fund may be transferred to any other state fund or department or agency of state government.



The bill prohibits employers from firing low-wage employees to avoid paying the fee or from deducting the amount of the fee from employees' wages. The bill prohibits employers from retaliating against employees for whistleblowing or taking various other specified actions relating to implementation or enforcement of the bill. Such retaliation is defined as an unfair employment practice, and an employee retaliated against may file a complaint with the Colorado Civil Rights Division within the Department of Regulatory Agencies. The attorney general and district attorneys are concurrently responsible for the enforcement of the bill.



02:39 PM



Representative Becker and Representative Duran answered questions from the committee.



03:10 PM



Committee discussion with the bill sponsors ensued.



03:14 PM --
Ali Mickelson, Colorado Fiscal Institute, testified in support of the bill.



03:17 PM --
Chris Stiffler, Colorado Fiscal Institute, testified in support of the bill. Mr. Stiffler answered questions from the committee.



03:19 PM



Ms. Mickelson, Representative Becker, and Representative Duran answered questions from the committee.



03:30 PM --
Mizraim Cordero, Denver Metro Chamber of Commerce, testified in opposition to the bill.



03:36 PM



Representative Duran referenced amendments L.002 and L.003 (Attachment A and B). Committee discussion with Mr. Cordero ensued.



160428 AttachA.pdf160428 AttachA.pdf160428 AttachB.pdf160428 AttachB.pdf



03:40 PM --
Melissa Benjamin, representing herself, testified in support of the bill.



03:45 PM --
Dianna Orf, Associated Governments of Northwest Colorado, testified in opposition to the bill. Ms. Orf answered question from the committee.



03:48 PM --
Edward Augden, Colorado Alliance of Retired Americans, testified in support of the bill. Mr. Augden answered questions from the committee.



03:55 PM --
Rachelle Bainter, representing herself, testified in support of the bill.









03:57 PM --
Caroline Casteel, Colorado Jobs with Justice, testified in support of the bill. Ms. Casteel answered questions from the committee.



04:02 PM --
Dan Shannon, Gary's Auto Service, testified in support of the bill. Mr. Shannon answered questions from the committee.



04:07 PM



Representative Duran made comments to the committee. Committee discussion with Mr. Shannon continued.





04:10 PM



Representative Duran explained amendments L.002 and L.003. Committee discussion about amendments L.002 and L.003 occurred.

BILL: HB16-1435
TIME: 04:13:05 PM
MOVED: Ginal
MOTION: Adopt amendment L.003 (Attachment B). The motion passed on a vote of 7-6.
SECONDED: Esgar
VOTE
Brown
No
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS




BILL: HB16-1435
TIME: 04:14:32 PM
MOVED: Ginal
MOTION: Adopt amendment L.002 (Attachment A). The motion passed on a vote of 7-6.
SECONDED: Esgar
VOTE
Brown
No
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:15 PM



Representative Becker and Representative Duran made concluding remarks about the bill. Committee members made comments about the bill.

BILL: HB16-1435
TIME: 04:33:48 PM
MOVED: Esgar
MOTION: Refer House Bill 16-1435, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-6.
SECONDED: Ginal
VOTE
Brown
No
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:36 PM -- SB 16-147



Representative Pettersen, bill sponsor, presented Senate Bill 16-147. The bill establishes the Colorado suicide prevention plan within the Office of Suicide Prevention (office) in the Colorado Department of Public Health and Environment (CDPHE). Through system-level implementation in the criminal justice and health care systems, the plan is intended to reduce suicide rates in Colorado. The bill encourages the office, the CDPHE, the Office of Behavioral Health in the Department of Human Services, and the Department of Health Care Policy and Financing to work with various stakeholders to develop and implement a plan to improve training on:



• identification of indicators of suicidal thoughts and behavior;

• emergency procedures for 72-hour mental health holds;

• federal health care privacy laws; and

• risk assessment and management.





The bill encourages the following groups and organizations to contribute to and implement the plan on or before July 1, 2019:



• community mental health centers;

• hospitals;

• the state crisis services system;

• emergency medical services professionals and responders;

• regional health and behavioral health systems;

• substance abuse treatment systems;

• physical and mental health clinics in educational institutions;

• criminal justice systems; and

• advocacy groups, hospital chaplains, and faith-based organizations.



The bill requires the office to include a summary of its activities under the plan in a report submitted to the Office of Behavioral Health and annually to the General Assembly. CDPHE may accept gifts, grants, and donations for the direct and indirect costs of implementing the plan, all of which must be transmitted to the Suicide Prevention Coordination Cash Fund.



Representative Pettersen distributed a handout (Attachment C) to the committee and answered questions from the committee.



160428 AttachC.pdf160428 AttachC.pdf



04:47 PM -- Jarrod Hindman, CDPHE, testified in support of the bill. Mr. Hindman and Representative Pettersen answered questions from the committee.



05:02 PM --
Loye Troxler, representing himself, testified in support of the bill.



05:08 PM --
Susan Marine, Suicide Prevention Coalition of Colorado, testified in support of the bill. Ms. Marine answered questions from the committee.



05:15 PM --
Yasmine Mohamed, Colorado Youth Advisory Council, testified in support of the bill. Ms. Mohamed answered questions from the committee.



05:22 PM --
LeAnne Wheeler, United Veterans Committee of Colorado, testified in support of the bill. She read a statement from Wes Carter.



05:25 PM --
Frank Kollar, representing himself, testified in support of the bill.



05:27 PM --
Francesa Kollar, representing herself, testified in support of the bill.



05:30 PM



Committee discussion with Mr. and Mrs. Kollar continued.



05:32 PM --
Doyle Forestal, Colorado Behavioral Healthcare Council, testified in support of the bill.



05:35 PM --
Molly Jacobson, Mental Health Colorado, testified in support of the bill.







05:37 PM --
Liza Tupa, Department Human Services, testified on the bill.



05:39 PM --
Ann Clement, Emergency Medical Services Association of Colorado, testified in support of the bill. Ms. Clement answered questions from the committee.



05:42 PM



Representative Pettersen made concluding remarks about the bill. Committee members made comments about the bill.

BILL: SB16-147
TIME: 05:51:49 PM
MOVED: Esgar
MOTION: Refer Senate Bill 16-147 to the Committee of the Whole. The motion passed on a vote of 8-4.
SECONDED: Landgraf
VOTE
Brown
Yes
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Excused
Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS



05:53 PM



The committee adjourned.




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