S_HHS_2016A 04/28/2016 01:34:39 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
| Date: | 04/28/2016 |
ATTENDANCE
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| Time: | 01:34 PM to 04:43 PM |
Aguilar
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X
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Martinez Humenik
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X
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| Place: | SCR 352 |
Newell
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*
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Crowder
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*
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| This Meeting was called to order by |
Lundberg
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X
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| Senator Lundberg | |||
| This Report was prepared by | |||
| Elizabeth Haskell | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| Conf 16-Colorado Traumatic Brain Injury Board Conf 16-Hospital Provider Fee Oversight And Advisory Board SB16-199 HB16-1387 HB16-1425 HB16-1277 |
Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Amended, Referred to Appropriations Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to Appropriations |
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01:35 PM -- Confirmation of Colorado Traumatic Brain Injury Board
Wendy Deats Turman, appointee, came to the table and told the committee about her professional experience that makes her a valuable member of the board. Patrick Schniederjan, appointee, came to the table and told the committee about why he wants to serve on the board. Ms. Deats Turman and Mr. Schniederjan responded to questions from the committee.
The Governor's executive order and appointment letter may be found in Attachment A. Ms. Deats Turman's and Mr. Schniederjan's resumes and applications maybe found at the State Archives.
160428 AttachA.pdf
| BILL: | Conf 16- Colorado Traumatic Brain Injury Board | |
| TIME: | 01:41:58 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer the appointment of Wendy Deats Turman and Patrick Schniederjan to the Colorado Traumatic Brain Injury Board to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 4-0, with one excused. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Martinez Humenik
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Yes
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Newell
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Yes
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Crowder
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Excused
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Lundberg
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Yes
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Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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01:43 PM -- Confirmation of Hospital Provider Fee Oversight and Advisory Board
Ann Marie King White, William Heller, and Christopher Rieber, appointees, came to the table. Ms. King White told the committee about her professional experience and why she wants to be a member of the board. Mr. Heller told the committee about his experience and why he would like to be reappointed to the board. Mr. Rieber told the committee about his professional experience and why he would be a good member of the board.
The Governor's executive order and appointment letter may be found in Attachment B. The appointees' applications and resumes may be found at the State Archives.
160428 AttachB.pdf
| BILL: | Conf 16- Hospital Provider Fee Oversight And Advisory Board | |
| TIME: | 01:47:14 PM | |
| MOVED: | Crowder | |
| MOTION: | Refer the appointment of Ann Marie King White, William Heller, and Christopher Rieber to the Hospital Provider Fee Oversight and Advisory Board to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 4-0, with one excused. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Martinez Humenik
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Yes
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Newell
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Yes
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Crowder
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Excused
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Lundberg
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Yes
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Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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01:48 PM -- SB 16-199
Senators Steadman and Scott, co-prime bill sponsors, presented Senate Bill 16-199. The bill requires that contracts between the Department of Health Care Policy and Financing (HCPF) and organizations providing a program of all-inclusive care for the elderly (PACE organizations) include the negotiated monthly capitated rate for services. The rate must be less than the amount that would have been paid for services to the PACE participant than would have been paid under the regular Medicaid state plan if the person were not enrolled in PACE. In addition, the bill requires HCPF, with the participation of PACE organizations, to develop an actuarially sound upper payment limit methodology that meets federal requirements and other standards. Until the upper payment limit methodology is developed, the bill requires that the percentage of the upper payment limit used to determine the monthly capitated rate not be less than the percentage negotiated with providers for FY 2016-17.
The bill also creates the state PACE ombudsman in the Long-term Care Ombudsman Program in the Department of Human Services (DHS). PACE organizations are required to post information about contacting the PACE ombudsman in their facilities. The bill sets forth procedures for the PACE ombudsman, including duties, access to PACE organization records, and penalties for retaliating against PACE participants or employees who communicate or share information with the PACE ombudsman.
01:54 PM
Senator Aguilar distributed amendment L.002 (Attachment C). The committee discussed the amendment.
160428 AttachC.pdf
01:57 PM -- Jennifer Anderson, Colorado Attorney General's Office, testified in support of the bill. Ms. Anderson responded to questions from the committee.
02:03 PM -- Mike Feeley, InnovAge, spoke in support of the bill and responded to questions.
02:12 PM
Senator Steadman distributed and reviewed amendments L.001, L.003, L.005, L.006, and L.007 (Attachments D, E, F,G, and H). Committee discussion about the amendments followed.
160428 AttachD.pdf160428 AttachE.pdf160428 AttachF.pdf160428 AttachG.pdf160428 AttachH.pdf
02:16 PM -- Mindy Kemp, DHS, spoke in support of the bill. Ms. Kemp responded to questions.
02:21 PM -- Anne Meier, State Long-Term Care Ombudsman, spoke in support of the bill and distributed two handouts to the committee (Attachments I and J).
160428 AttachI.pdf160428 AttachJ.pdf
02:25 PM -- Jayla Sanchez Warren, Denver Regional Council of Governments Area Agency on Aging, spoke in support of the bill. Ms. Sanchez Warren responded to questions from the committee.
02:35 PM
Committee discussion and comments continued.
02:38 PM -- Elisabeth Arenales, Colorado Center on Law and Policy, spoke in support of the bill.
02:45 PM -- Zach Lynkiewicz, HCPF, testified in a neutral position on the bill.
02:50 PM -- Shane Mofford, HCPF, spoke about the provisions of the bill regarding rate methodology. Committee discussion and questions followed.
02:59 PM
Committee discussion and questions continued.
03:12 PM
The committee continued to discuss the need to establish a rate methodology in statute.
03:20 PM
The committee continued to discuss the provisions of the bill and the amendments.
03:24 PM
Senator Steadman made closing comments.
| BILL: | SB16-199 | |
| TIME: | 03:26:23 PM | |
| MOVED: | Crowder | |
| MOTION: | Adopt amendment L.001 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Martinez Humenik
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Newell
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Crowder
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Lundberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-199 | |
| TIME: | 03:27:16 PM | |
| MOVED: | Crowder | |
| MOTION: | Adopt amendment L.003 with the following changes: Page 1, line 18 of the amendment, strike "(f)", and substitute "(e)"; Page 1, line 21 of the amendment, strike "(II)" and substitute "(I)" (Attachment E). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Martinez Humenik
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Newell
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Crowder
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Lundberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-199 | |
| TIME: | 03:29:09 PM | |
| MOVED: | Crowder | |
| MOTION: | Adopt amendment L.005 (Attachment F). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Martinez Humenik
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Newell
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Crowder
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Lundberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-199 | |
| TIME: | 03:29:26 PM | |
| MOVED: | Crowder | |
| MOTION: | Adopt amendment L.006 (Attachment G). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Martinez Humenik
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Newell
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Crowder
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Lundberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-199 | |
| TIME: | 03:29:47 PM | |
| MOVED: | Crowder | |
| MOTION: | Adopt amendment L.007 (Attachment H). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Martinez Humenik
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Newell
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Crowder
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Lundberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-199 | |
| TIME: | 03:29:59 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.002 (Attachment C). The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Martinez Humenik
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No
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Newell
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Yes
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Crowder
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No
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Lundberg
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB16-199 | |
| TIME: | 03:30:23 PM | |
| MOVED: | Crowder | |
| MOTION: | Refer Senate Bill 16-199, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Aguilar
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No
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Martinez Humenik
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Yes
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Newell
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Yes
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Crowder
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Yes
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Lundberg
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Yes
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Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:35 PM -- HB 16-1387
Senator Woods, bill sponsor, presented House Bill 16-1387. Current law requires that health insurance plans provide coverage for medical foods for newborn children with inherited enzymatic disorders caused by single gene defects involved in the metabolism of amino, organic, and fatty acids. This bill adds coverage for severe protein allergic conditions and amino acid-based elemental formulas.
03:34 PM -- Dr. Glen Furuta, Children's Hospital Colorado, spoke in support of the bill. Dr. Furuta responded to questions from committee.
03:39 PM -- Laurie Meeberg, representing herself, spoke in support of the bill and told the committee about her family's experience with a child with severe allergies.
03:44 PM -- Monica Jensen, representing herself, testified in support of the bill and told the committee about her family's experience with a child with severe allergies.
03:46 PM -- Leah Jensen, representing herself, testified in support of the bill and told her experience as an individual with a severe protein allergic condition.
03:48 PM -- Janie Dullard, representing herself, testified in support of the bill and told the committee about her family's experience with a child severe allergies.
03:55 PM
Senator Woods made closing comments.
| BILL: | HB16-1387 | |
| TIME: | 03:55:26 PM | |
| MOVED: | Crowder | |
| MOTION: | Refer House Bill 16-1387 to the Committee of the Whole. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Martinez Humenik
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Yes
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Newell
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Yes
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Crowder
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Yes
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Lundberg
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No
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Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:57 PM -- HB 16-1277
Senators Kefalas and Roberts, co-prime bill sponsors, presented House Bill 16-1277. The bill requires HCPF to give Medicaid clients at least ten days advanced notice prior to suspending, terminating, or modifying a client's medical assistance benefits (intended action). The bill also extends the deadline to appeal for a client to appeal the intended action to 60 days after the date of notice, up from 30 days under current law. For clients filing an appeal prior to the date of the intended action, medical benefits must be provided until the appeal is complete. For clients filing an appeal after the date of intended action, HCPF may make an exception and continue to provide medical benefits. HCPF must promulgate rules for these continuing benefits that are consistent with federal law, which permits continuing medical coverage following late appeals in limited circumstances. Under current law, dispute resolution through a county department of human services or a Medicaid service agency is only available to clients prior to filing an appeal with HCPF. The bill allows clients to request county dispute or service agency resolution both before and after an appeal has been filed with HCPF at the state level. The bill outlines deadlines and procedures concerning the expansion of access to the dispute resolution process.
04:00 PM -- Julie Reiskin, Colorado Cross-Disability Coalition, testified on the bill.
04:07 PM -- Peter Komlos-Hrobsky, Colorado Legal Services, testified on the bill.
04:12 PM -- Elisabeth Arenales, Colorado Center on Law and Policy, spoke in support of the bill.
04:17 PM -- Emma Hudson, Alliance, spoke in support of the bill.
04:18 PM -- Marivel Klueckman and Zach Lynkiewicz, HCPF, came to the table. Mr. Lynkiewicz testified in a neutral position on the bill.
04:21 PM
Ms. Klueckman responded to questions from the committee. Committee discussion to followed.
04:27 PM
Senators Kefalas and Roberts made closing comments.
| BILL: | HB16-1277 | |
| TIME: | 04:28:08 PM | |
| MOVED: | Newell | |
| MOTION: | Refer House Bill 16-1277 to the Committee on Appropriations. The motion was withdrawn. |
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| SECONDED: | ||
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VOTE
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Aguilar
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Martinez Humenik
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Newell
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Crowder
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Lundberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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04:28 PM
Senator Newell withdrew her motion and Senator Martinez Humenik laid the bill over.
04:30 PM -- HB 16-1425
Senator Roberts, bill sponsor, presented House Bill 16-1425. This bill specifies that a licensed child care center is not required to obtain immunization records for any enrolled child that attends the center on a short-term basis which is defined as up to fifteen days and no more than twice per year with at least 60 days between 15-consecutive-day periods. A child care center that chooses to accept children on a short-term basis must notify all of the parents that have children in the center that the center allows children to attend on a short term basis without providing proof of immunization.
04:31 PM -- Melanie Mills, Colorado Ski Country USA, spoke in support of the bill.
04:37 PM -- Kay Mikus, DHS, responded to questions from the committee.
04:39 PM
Senator Roberts made closing comments.
| BILL: | HB16-1425 | |
| TIME: | 04:39:43 PM | |
| MOVED: | Crowder | |
| MOTION: | Refer House Bill 16-1425 to the Committee of the Whole. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Martinez Humenik
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Yes
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Newell
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Yes
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Crowder
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Yes
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Lundberg
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:40 PM -- HB 16-1277
| BILL: | HB16-1277 | |
| TIME: | 04:42:13 PM | |
| MOVED: | Crowder | |
| MOTION: | Refer House Bill 16-1277 to the Committee on Appropriations. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Martinez Humenik
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Yes
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Newell
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Yes
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Crowder
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Yes
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Lundberg
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:43 PM
The committee adjourned.