Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

S_HHS_2019A 04/25/2019 01:41:28 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Date 04/25/2019
Attendance
Crowder X
Smallwood X
Winter X
Pettersen *
Fields X
X = Present, E = Excused, A = Absent, * = Present after roll call
Time 01:41:28 PM to 06:19:32 PM
Place LSB B
This Meeting was called to order by Senator Fields
This Report was prepared by Elizabeth Haskell
Hearing Items Action Taken
Conf 19-Health — State Board Of Favorably Refer to Full Senate - Consent Calendar
Conf 19-Medical Services Board Favorably Refer to Full Senate - Consent Calendar
HB19-1168 Amended, referred to Senate Finance
HB19-1076 Amended, referred to the Committee of the Whole
HB19-1301 Referred to the Committee of the Whole - Consent Calendar
HB19-1279 Amended, referred to Senate Appropriations
HB19-1203 Referred to Senate Appropriations
SB19-134 Postponed Indefinitely

Conf 19-Health — State Board Of - Favorably Refer to Full Senate - Consent Calendar


01:41:53 PM  
Deborah Nelson, Colorado Department of Public Health and
Environment, provided an overview of the duties of the State Board of Health
(board).
01:43:46 PM  

Kendall Alexander, appointee, told the committee about his professional background and why he wants to serve as a member of the board.

 

The Governor's executive order and appointment letter may be found in Attachment A.  Mr. Alexander's resume and application may be found at the State Archives.

01:43:46 PM  
Ron Engels, appointee, told the committee
about his professional background and why he wants to serve as a member
of the board.



The Governor's executive order and appointment letter may be found in Attachment
B.  Mr. Engels' resume and application may be found at the State Archives.
01:45:45 PM  
Thomas Butts, appointee, told the committee
about his professional background and why he wants to serve as a member
of the board.



The Governor's executive order and appointment letter may be found in Attachment
B.  Mr. Butts' resume and application may be found at the State Archives.
01:47:21 PM  
Raymond Estacio, appointee, told the committee
about his professional background and why he wants to serve as a member
of the board.



The Governor's executive order and appointment letter may be found in Attachment
B.  Mr. Estacio's resume and application may be found at the State
Archives.


01:54:40 PM
Motion Refer the appointment of Raymond Estacio, Ronald Engels, Thomas Butts, and Kendall Alexander to the State Board Of Health to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Crowder
Seconded
Crowder Yes
Smallwood Yes
Winter Yes
Pettersen Excused
Fields Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



Conf 19-Medical Services Board - Favorably Refer to Full Senate - Consent Calendar


01:54:49 PM  

Chris Sikes, Colorado Department of Health Care Policy and Financing, presented on the charge of the Medical Services Board.

01:54:50 PM  

Amanda Moorer, appointee, told the committee about her professional background and why she wants to serve as a member of the Medical Services Board.

 

The Governor's executive order and appointment letter may be found in Attachment C.  Ms. Moorer's resume and application may be found at the State Archives.  

01:55:56 PM  

Patricia Givens, appointee told the committee about her professional background and why she wants to serve as a member of the Medical Services Board.

 

The Governor's executive order and appointment letter may be found in Attachment C.  Ms. Givens' resume and application may be found at the State Archives.



02:06:55 PM
Motion Refer the appointment of Amanda Moorer and Patricia Givens to the Medical Services Board and with a recommendation that it be placed on the consent calendar.
Moved Winter
Seconded
Crowder Yes
Smallwood Yes
Winter Yes
Pettersen Excused
Fields Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB19-1076 - Committee Discussion Only


02:07:10 PM  
Senator Priola, bill sponsor, presented
House Bill 19-1076.  This bill makes changes to the Colorado Clean
Indoor Act. These changes include:
  • making electronic smoking devices subject
    to the act;
  • clarifying the definition of smoking
    to include plant products and synthetic marijuana;

  • increasing the smoke-free radius from
    a building entryway from 15 feet to 25 feet;
  • repealing the ability of a local jurisdiction
    from specifying a smoke-free radius less than 15 feet

    from an entryway;
  • reducing the number of exceptions to
    the act; and
  • repealing the option of property owners
    and managers to designate smoking and non-smoking
    areas.

Amendment L.015 was distributed (Attachment D).

02:07:39 PM  
Francesca Gettler, Vapor Source, testified
in support of the bill.
02:07:53 PM  

R.J. Ours, American Cancer Society Cancer Action Network, testfied in support of the bill and distributed two handouts (Attachments E and F).

02:10:57 PM  

Senator Priola made closing comments and discussed amendment L.015 (Attachment D).

02:13:50 PM  
Senator Fields recessed the meeting.
02:17:23 PM  
Senator Fields reconvened the meeting.
02:17:40 PM  
Senator Priola responded to committee questions.
02:22:06 PM  

Jennifer Miles, Colorado Association of Local Public Health Officials, responded to questions about amendment L.015 (Attachment D).

02:30:13 PM  
Don Daniels, representing himself, testified
in support of the bill.
02:35:29 PM  

The committee discussed amendment L.015 (Attachment D).

02:37:35 PM  
Senator Fields laid the bill over until
later in the meeting.



HB19-1168 - Amended, referred to Senate Finance


02:39:10 PM  
Senator Fields recessed the meeting.
02:39:40 PM  
Senator Fields reconvened the meeting.
02:39:50 PM  

Senator Rankin and Senator Donovan, bill sponsors, presented House Bill 19-1168.  The bill requires the Commissioner of Insurance in the Department of Regulatory Agencies (DORA) to seek a State Innovation Waiver under the federal Affordable Care Act to create a jointly funded reinsurance program in Colorado.  If federal approval is granted, the reinsurance program will apply to 2020 health plans sold on the individual health insurance market.  The Commissioner will set the payment parameters of the reinsurance program.  These include the attachment point, above which claims are eligible for reinsurance payments; the coinsurance rate; and the reinsurance cap, above which claims are no longer eligible for reinsurance payments.  The bill directs the Commissioner to set the parameters of the program so that claims costs are reduced as follows:

  • between 30 and 35 percent in geographic rating areas five and nine (Mesa County and western Colorado);
  • between 20 and 25 percent in geographic rating areas four, six, seven, and eight (Larimer, Weld, and Pueblo counties, the eastern plains, and southern Colorado); and
  • between 15 and 20 percent in geographic rating areas one, two, and three (Boulder, El Paso, and Teller counties, and the Denver metro area).

The reinsurance program is created as a state enterprise that, subject to approval by the legislature and governor, may issue revenue bonds.  Revenue to the reinsurance program is exempt from the state's TABOR limit.  The Commissioner is authorized to assess special fees against hospitals to finance the state's share of the program. Fees may not exceed $150 million per benefit year and may not exceed a total of $500 million over five years.  Hospitals are prohibited from passing the special fee on to consumers in any manner.  Procedures will be created to exempt certain hospitals from the special fees based on parameters included in the bill.  If the federal government suspends the Health Insurance Provider Fee, created under the Affordable Care Act, the Commissioner must assess a fee of 2.2 percent of premiums collected by carriers or at a rate imposed by the federal government. Hospitals are required to provide quarterly reports to the Commissioner, as outlined in the bill.  The Division of Insurance is required to report on the reinsurance program each year as part of the DORA SMART Act hearing.  The program is scheduled to repeal on September 1, 2024, following a sunset review.  

02:45:22 PM  
Committee questions and discussion followed.
02:56:17 PM  
Senator Rankin discussed L.012 (Attachment
G).  Committee questions followed.
03:11:13 PM  

Senator Rankin discussed amendment L.013 (Attachment H).  Committee questions and discussion followed.

03:16:27 PM  

Senator Rankin discussed amendment L.016 (Attachment I).  Committee discussion followed.

03:16:41 PM  

Senator Donovan discussed amendment L.017 (Attachment J).  Committee discussion followed.

03:28:51 PM  
Commissioner Mike Conway, Division of Insurance, testified in support of the bill and responded to questions.
03:32:54 PM  
Committee discussion and questions continued.
03:43:54 PM  
Kevin Patterson, Connect for Health Colorado, testified in support of the bill.
03:47:03 PM  
Caitlin Westerson, Colorado Consumer Health Initiative, testified in support of the bill.
03:49:43 PM  

Andrea Stojsavljevic, Healthier Colorado, testified in support of the bill and distributed a packet of letters (Attachment K).

03:52:12 PM  
Hunter Railey, Small Business Majority, testified in support of the bill.
03:54:29 PM  
Commissioner Rich Cimino, Counties and Commissioners Acting Together, testified in support of the bill.
03:58:55 PM  

The witness panel responded to question. 

04:01:06 PM  

Chris Howes, Colorado Retail Council, testified against amendment L.012 (Attachment G).

04:04:42 PM  
Grier Bailey, Colorado Wyoming Petroleum Marketers Association, testified in support of the bill.
04:07:58 PM  
Katherine Mulready, Colorado Hospital Association, testified in a neutral position on the bill.
04:10:26 PM  
The witness panel responded to questions.
04:22:11 PM  
Senator Rankin responded to committee concerns.
04:23:26 PM  
Mr. Howes responded to questions.


04:33:27 PM
Motion Adopt amendment L.012 (Attachment G).
Moved Pettersen
Seconded
Crowder Yes
Smallwood No
Winter Yes
Pettersen Yes
Fields Yes
YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:33:44 PM
Motion Adopt amendment L.013 (Attachment H).
Moved Pettersen
Seconded
Crowder
Smallwood
Winter
Pettersen
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:34:04 PM
Motion Adopt amendment L.016 (Attachment I).
Moved Pettersen
Seconded
Crowder
Smallwood
Winter
Pettersen
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:34:20 PM
Motion Adopt amendment L.017 (Attachment J).
Moved Pettersen
Seconded
Crowder
Smallwood
Winter
Pettersen
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:34:21 PM  
Senators Donovan and Rankin made closing comments.
04:35:22 PM  
Senator Fields recessed the meeting.
04:35:37 PM  
Senator Fields reconvened the meeting.
04:36:44 PM  

Senator Smallwood distributed amendment L.014 (Attachment L).  Committee discussion followed.



04:38:34 PM
Motion Adopt amendment L.014 (Attachment L).
Moved Smallwood
Seconded
Crowder No
Smallwood Yes
Winter No
Pettersen No
Fields No
YES: 1   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


04:42:43 PM
Motion Refer House Bill 19-1168, as amended, to the Committee on Finance.
Moved Pettersen
Seconded
Crowder Yes
Smallwood No
Winter Yes
Pettersen Yes
Fields Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1076 - Amended, referred to the Committee of the Whole


04:43:38 PM  

Public testimony for HB 19-1076 was taken earlier in the meeting.  Senator Priola discussed amendment L.016 (Amendment M). 



04:44:37 PM
Motion Adopt amendment L.016 (Attachment M).
Moved Pettersen
Seconded
Crowder
Smallwood
Winter
Pettersen
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:45:20 PM
Motion Refer House Bill 19-1076, as amended, to the Committee of the Whole.
Moved Pettersen
Seconded
Crowder Yes
Smallwood Yes
Winter Yes
Pettersen Yes
Fields Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1301 - Referred to the Committee of the Whole - Consent Calendar


04:45:36 PM  

Senator Williams, bill sponsor presented House Bil 19-1301.  Current law requires that state regulated insurance carriers provide coverage for the total cost of certain preventive health care services. One such required service is an annual breast cancer screening with mammography for all individuals possessing at least one risk factor, as listed in statute. The bill expands required coverage to include any preventive breast cancer screening study and subsequent breast imaging that is deemed appropriate by the patient's health care provider and within appropriate use guidelines as determined by the American College of Radiology.

04:49:01 PM  
Anna Primavera, representing herself, testified in support of the bill.
04:51:13 PM  

Peg Ellefson, Susan G. Komen for the Cure, testified in support of the bill.

04:56:11 PM  
Dr. Taj Kattapuram, Colorado Medical Society,
testified in support of the bill.
04:58:50 PM  
The witness panel responded to questions.
05:03:32 PM  
Senator Williams made closing remarks.


05:04:56 PM
Motion Refer House Bill 19-1301 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Pettersen
Seconded
Crowder Yes
Smallwood Yes
Winter Yes
Pettersen Yes
Fields Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
05:04:57 PM  

Senator Smallwood told the committee that he wanted to withdraw his objection to the recommendation that House Bill 19-1076 be placed on the consent calendar.  There was no further objection to HB 19-1076 being placed on the consent calendar.  Senator Fields announced that the bill will be referred to the Committee of the Whole with a recommendation that it be placed on the consent calendar.



HB19-1279 - Amended, referred to Senate Appropriations


05:06:12 PM  

Senator Hisey, bill sponsor, presented House Bill 19-1279.  The bill creates the Firefighting Foams Control Act which prohibits the use of class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS foam) for training purposes.  A person or fire department that administers a training program that violates this prohibition is subject to a civil penalty of up to $5,000, for a first offense and up to $10,000 for each repeal offense.  Penalties are deposited into the Local Firefighter Safety and Disease Prevention Fund.  The Department of Public Health and Environment (CDPHE) is required to survey fire departments every three years about issues related to PFAS foam and to compile and present the survey results to the General Assembly by January 1, 2020.  Beginning August 2, 2019, purchasers of firefighting personal protective equipment that contains intentionally added PFAS chemicals, must be notified in writing by the manufacturer or distributor about the chemical additive and the reason for the addition.  Beginning August 2, 2021, a manufacturer of Class B firefighting foam, may not sell or distribute Class B firefighting foam to which PFAS has been added, and must notify its distributors in writing about the prohibition no later than August 2, 2020.  The CDPHE may request a certificate of compliance from a manufacturer of Class B firefighting foam or protective equipment attesting that the manufacturer's products meet the requirements under the bill.  The same civil penalties noted above also apply to manufacturers.

05:10:58 PM  
Senator Hisey responded to questions.
05:13:02 PM  

Molly Miller, representing herself, testified in support of the bill.

05:16:13 PM  
Sharon Thompson, Fountain City Council, testified in support of the bill.
05:20:15 PM  
Curtis Mitchell, City of Fountain and Pikes Peak Region Water
Authority, testified in support of the bill.
05:23:46 PM  
Jimmy Allen, Colorado Firefighters Association, testified in support of the bill.
05:25:48 PM  
The witness panel responded to questions.
05:26:05 PM  
Senator Hisey responded to questions.
05:28:04 PM  
Fran Sylva-Blayney, Sierra Club, testified
in support of the bill.
05:30:26 PM  
Liz Rosenbaum, representing herself, testified in support of the bill.
05:37:01 PM  
Senator Lee made closing remarks.


05:41:12 PM
Motion Adopt amendment L.014 (Attachment N).
Moved Pettersen
Seconded
Crowder
Smallwood
Winter
Pettersen
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


05:42:08 PM
Motion Move conceptual amendment to Page 8 of the reengrossed bill, strike lines 12 and 13, and substitute "IDENTIFICATION NUMBER, AND ADDRESS;"
Moved Smallwood
Seconded
Crowder
Smallwood
Winter
Pettersen
Fields
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


05:43:30 PM
Motion Refer House Bill 19-1279, as amended, to the Committee on Appropriations.
Moved Pettersen
Seconded
Crowder Yes
Smallwood Yes
Winter Excused
Pettersen Yes
Fields Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB19-1203 - Referred to Senate Appropriations


05:45:04 PM  

Senator Todd, bill sponsor, presented House Bill 19-1203.  The bill creates the School Nurse Grant Program in the Primary Care Office of the Colorado Department of Public Health and Environment (CDPHE) to award grants on a five-year cycle to local education providers (LEPs) to increase the number of school nurses. LEPs may use grant awards to hire school nurses; however, the grant may not supplant existing expenditures on school nurse positions or other student health care services.  LEPs must include specified information in grant applications and CDPHE must review grant applications and make recommendations to the State Board of Health (state board).  The state board may establish selection criteria in rule, in addition to those specified in the bill.  Subject to available appropriations, the state board must award up to $3.0 million annually in grants.  Each grant is awarded for an initial term of one year and must be renewed annually for four additional years, so long as the nurse remains employed in the grant-funded position.  Participating LEPs are required to provide specified information and CDPHE must submit a report to the General Assembly that, at a minimum, includes the information reported by the LEPs.

05:48:05 PM  

Kelly Grenham, Colorado Association of School Nurses, testified in support of the bill.

05:50:37 PM  

Haley Houtchens, Children's Hospital Colorado, testified in support of the bill.

05:54:53 PM  
Julie Wilken, representing herself, testified in support
of the bill.
05:58:23 PM  
Scott Bedell, representing himself, testified in support
of the bill.
06:00:55 PM  
The witness panel responded to questions.


06:13:46 PM
Motion Refer House Bill 19-1203 to the Committee on Appropriations.
Moved Crowder
Seconded
Crowder Yes
Smallwood Yes
Winter Excused
Pettersen Yes
Fields Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB19-134 - Postponed Indefinitely


06:14:09 PM  

Public Testimony for Senator Bill 19-134 was heard on April 4, 2019.  Senator Fields, bill sponsor, commented on Senate Bill 19-134.  Senator Fields requested that SB 19-134 be postponed indefinitely.



06:16:58 PM
Motion Postpone Senate Bill 19-134 indefinitely.
Moved Crowder
Seconded
Crowder Yes
Smallwood Yes
Winter Excused
Pettersen Yes
Fields Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS


06:19:32 PM   The committee adjourned.






COVID-19 Resources
2021 Ballot Information Booklet (Blue Book)
NORTH ENTRANCE IS CURRENTLY CLOSED.  TO ENTER THE CAPITOL, USE THE SOUTH ENTRANCE, UNDER THE STAIRS, AT 14th AVENUE AND SHERMAN STREET.