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h_hie_2016a_2016-03-03t13:31:06z0 Hearing Summary

Date: 03/03/2016



Final

BILL SUMMARY for HB16-1101



HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment B). The motion p

Adopt amendment L.003 (Attachment C). The motion p

Adopt amendment L.004 (Attachment D). The motion f

Adopt amendment L.005 (Attachment F). The motion p

Adopt amendment L.008 (Attachment G), as a substit

Adopt amendment L.010 (Attachment E), as amended.

Amend amendment L.010, page 1, line 5, strike "REM

Moved to lay the bill over to March 15, 2016. The

Refer House Bill 16-1101, as amended, to the Commi
Pass Without Objection

PASS

FAIL

PASS

FAIL

FAIL

Pass Without Objection



PASS







01:31 PM -- HB 16-1101



Representative Young, prime sponsor, presented House Bill 16-1101. The bill allows an attending physician or his or her designee to act as a patient's proxy decision-maker for health care treatment if:

      • after reasonable effort, the physician cannot locate any interested person, including the patient's spouse, a parent, an adult child, a sibling, a grandchild, or any close friend of the patient, who is willing and able to act as proxy decision-maker;
      • the physician has obtained an independent assessment of the patient's decision-making capacity from another health care provider; and
      • the physician has consulted with, and obtained the agreement of, the medical ethics committee of the facility where the patient is receiving care.



The physician's authority to act as proxy decision-maker terminates if an interested person is appointed to act as the proxy decision-maker or a guardian is appointed for the patient. A physician or his or her designee who is acting in good faith as a proxy decision-maker is not subject to civil or criminal liability or regulatory sanction.



01:36 PM



Representative Young provided a handout (Attachment A) to the committee. He distributed amendments L.001 and L.003 (Attachments B and C).



160303 AttachA.pdf160303 AttachA.pdf160303 AttachB.pdf160303 AttachB.pdf160303 AttachC.pdf160303 AttachC.pdf



01:37 PM



Representative Young answered questions from the committee.



01:43 PM --
Dr. Deb Bennett-Woods, Colorado Collaborative for Unrepresented Patients, testified in support of the bill.



01:47 PM --
Dr. Jean Abbott, Colorado Collaborative for Unrepresented Patients, testified in support of the bill.



01:53 PM --
Carl Glatstein, representing himself, testified in support of the bill.



02:03 PM



Dr. Bennett-Woods, Dr. Abbott, and Mr. Glatstein answered questions from the committee.



02:21 PM



Representative Young responded to questions from the committee.



02:30 PM



Committee discussion with Dr. Abbott, Dr. Bennett-Woods, and Mr. Glatstein ensued.



02:40 PM --
Katherine Mulready, Colorado Hospital Association, testified in a neutral capacity. Ms. Mulready answered questions from the committee.



02:47 PM



Representative Young answered questions about amendment L.003.



02:50 PM



Ms. Mulready made additional comments about the bill and existing state law.



02:51 PM



Mr. Glatstein returned to the table to respond to questions from the committee.



02:54 PM



Representative Young answered questions about amendment L.003. Committee discussion ensued.




02:55 PM



Ms. Mulready responded to additional questions from the committee. Representative Young responded to questions from the committee.



03:00 PM --
Patrick Boyle, COPIC, testified in opposition to the bill. Mr. Boyle answered questions from the committee.



03:09 PM



Representative Young responded to questions from the committee.



03:12 PM



Mr. Glatstein answered additional questions from the committee.




03:14 PM



Committee discussion with Mr. Boyle ensued.



03:19 PM



Dr. Bennett-Woods responded to questions from the committee. Representative Young made additional comments to the committee.



03:28 PM



Dr. Abbott answered questions from the committee.



03:29 PM --
Adam Eickberg, Colorado Trial Lawyers Association, testified on the bill. Mr. Eickberg answered questions from the committee.



03:36 PM



Committee discussion with Mr. Eickberg and Mr. Boyle ensued.



03:46 PM



Representative Young and Mr. Eickberg made additional comments to the committee about the bill.



03:48 PM --
Dr. Lynn Parry, representing herself, testified in support of the bill. Dr. Parry answered questions from the committee.



03:57 PM



Dr. Abbott answered questions from the committee.



03:59 PM



Dr. Parry answered questions from the committee.



04:01 PM -- Marijo Rymer, The Arc of Colorado, testified on the bill.



04:03 PM --
Susan Fox, representing herself, testified in support of the bill.



04:10 PM



Committee discussion with Representative Young about laying the bill over occurred.

BILL: HB16-1101
TIME: 04:11:46 PM
MOVED: Brown
MOTION: Moved to lay the bill over to March 15, 2016. The chair ruled that it was not a proper motion.
SECONDED: Landgraf
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



04:12 PM



Representative Young explained amendments L.001 and L.003.

BILL: HB16-1101
TIME: 04:15:13 PM
MOVED: Ginal
MOTION: Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED: Primavera
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



04:16 PM



Committee discussion about amendment L.003 occurred.

BILL: HB16-1101
TIME: 04:16:35 PM
MOVED: Primavera
MOTION: Adopt amendment L.003 (Attachment C). The motion passed on a vote of 7-6.
SECONDED: Ryden
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





04:18 PM



Representative Klingenschmitt explained amendment L.004 (Attachment D). Committee discussion about amendment L.004 ensued. Representative Young responded to questions about amendment L.004. Further committee discussion about amendment L.004 occurred.



160303 AttachD.pdf160303 AttachD.pdf

BILL: HB16-1101
TIME: 04:25:39 PM
MOVED: Klingenschmitt
MOTION: Adopt amendment L.004 (Attachment D). The motion failed on a vote of 3-10.
SECONDED: Joshi
VOTE
Brown
No
Buckner
No
Esgar
No
Humphrey
No
Joshi
Yes
Klingenschmitt
Yes
Landgraf
No
Lontine
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL





04:28 PM



Representative Ransom explained amendment L.010 (Attachment E). Representative Young addressed amendment L.010. Committee discussion about amendment L.010 occurred.



160303 AttachE.pdf160303 AttachE.pdf

BILL: HB16-1101
TIME: 04:32:18 PM
MOVED: Humphrey
MOTION: Amend amendment L.010, page 1, line 5, strike "REMOVAL" and substitute "HARVESTING". The motion passed without objection.
SECONDED: Brown
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1101
TIME: 04:33:49 PM
MOVED: Ransom
MOTION: Adopt amendment L.010 (Attachment E), as amended. The motion failed on a vote of 6-7.
SECONDED: Humphrey
VOTE
Brown
Yes
Buckner
No
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL







04:35 PM



Representative Klingenschmitt discussed amendment L.005 (Attachment F). Representative Young made comments about amendment L.005. Representative Humphrey discussed amendment L.008 (Attachment G). Committee discussion about amendment L.008 ensued. Dr. Abbott made comments about amendment L.008. Committee discussion about amendment L.008 continued.



160303 AttachF.pdf160303 AttachF.pdf160303 AttachG.pdf160303 AttachG.pdf

BILL: HB16-1101
TIME: 04:41:53 PM
MOVED: Humphrey
MOTION: Adopt amendment L.008 (Attachment G), as a substitute to amendment L.005. The motion failed on a vote of 6-7.
SECONDED: Joshi
VOTE
Brown
Yes
Buckner
No
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB16-1101
TIME: 04:42:33 PM
MOVED: Klingenschmitt
MOTION: Adopt amendment L.005 (Attachment F). The motion passed on a vote of 11-2.
SECONDED: Brown
VOTE
Brown
Yes
Buckner
Yes
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
Yes
Primavera
Yes
Ransom
Yes
Ryden
No
Ginal
Yes
McCann
Yes
YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:45 PM



Committee members made comments about the bill.



04:47 PM



Representative Young made concluding remarks about the bill.


BILL: HB16-1101
TIME: 04:48:19 PM
MOVED: Primavera
MOTION: Refer House Bill 16-1101, as amended, to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Buckner
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














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