S_HHS_2023A 03/02/2023 01:35:11 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON HEALTH & HUMAN SERVICES Date 03/02/2023 Attendance Buckner X Cutter X Jaquez Lewis * Mullica X Simpson X Smallwood X Will X Ginal X Fields X Time 01:35:11 PM to 08:47:31 PM Place SCR 357 This Meeting was called to order by Fields This Report was prepared by Jerard Brown Hearing Items Action Taken hSB23-155 Referred to Senate Appropriations hConf 23-Medical Services Board Favorably Refer to Full Senate - Consent Calendar hSB23-144 Amended, referred to the Committee of the Whole hHB23-1058 Referred to the Committee of the Whole - Consent Calendar hSB23-083 Amended, referred to the Committee of the Whole hSB23-002 Amended, referred to Senate Appropriations hSB23-063 Postponed Indefinitely SB23-155 - Referred to Senate Appropriations 01:35:38 PM Senator Zenzinger, prime bill sponsor, presented Senate Bill 23-155, concerning continuing the regulation of nursing home administrators by the State Board of Examiners of Nursing Home Administrators in the Department of Regulatory Agencies until September 1, 2028. In addition, the bill implements the recommendations in the 2022 Sunset Report, including authorizing the board to discipline a licensee for failing to respond to a complaint and removing the requirement that letters of admonition be sent through certified mail. 01:37:07 PM Motion Refer Senate Bill 23-155 to the Committee on Appropriations. Moved Ginal Seconded Buckner Yes Cutter Yes Jaquez Lewis Excused Mullica Yes Simpson Yes Smallwood Yes Will Yes Ginal Yes Fields Yes Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS Conf 23-Medical Services Board - Favorably Refer to Full Senate - Consent Calendar Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/FFC74E870160...$File/Attachment A.pdf?OpenElement Attachment A.pdf 01:38:28 PM Laura Carroll, appointee to the Medical Services Board, came to the table. The appointment letter may be found in Attachment A. Laura Carroll introduced herself and explained her reasons for wanting to return to the board. Committee members made comments to the appointee. 01:41:59 PM Motion Refer the appointment of Laura Carroll to the Conf 23-Medical Services Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Ginal Seconded Buckner Yes Cutter Yes Jaquez Lewis Excused Mullica Yes Simpson Yes Smallwood Yes Will Yes Ginal Yes Fields Yes Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS SB23-144 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/AD6B94449364...$File/Attachment B.pdf?OpenElement Attachment B.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/82E1FD2BCDAF...$File/Attachment C.pdf?OpenElement Attachment C.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/D9EDABFEF857...$File/Attachment D.pdf?OpenElement Attachment D.pdf Attachment E http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/57EEAF2271D2...$File/Attachment E.pdf?OpenElement Attachment E.pdf 01:42:11 PM Senator Ginal and Senator Marchman, co-prime bill sponsors, presented Senate Bill 23-144 concerning allowing a health care provider to prescribe, dispense, or administer certain controlled substances to patients with chronic pain caused by a diagnosed condition, with a few exceptions. A prescribing provider is not subject to disciplinary action by their regulator for prescribing medication, including in doses that exceed the recommended morphine milligram equivalent dosage or state or federal opioid prescribing guidelines. Committee members asked the sponsors questions. 01:58:04 PM Ms. Kate Nicholson, representing National Pain Advocacy Center, testified in support of the bill. Kenneth Maestas, representing The Colorado Cross Disability Coalition (CCDC), testified in support of the bill. Committee members asked the panel questions. 02:07:45 PM Francesca Maes, representing themself, testified in support of the bill. Ms. Christina Johnson, representing Colorado Center for Aging, testified in support of the bill. Committee members asked the panel questions. 02:20:30 PM Dr. Patrick Pevoto, representing Colorado Medical Society, testified in support of the bill. Catherine Mabrey, representing themself, testified in support of the bill. Committee members asked the panel questions. 02:33:44 PM Dr. Robert Valuck, representing Colorado Consortium for Prescription Drug Abuse Prevention, testified in support of the bill. Committee members asked the panel questions. 02:39:47 PM Co-prime bill sponsors provided closing remarks. 02:46:10 PM Senator Ginal introduced amendment L.002 (Attachment B). 02:46:56 PM Motion Adopt amendment L.002 (Attachment B). Moved Ginal Seconded Buckner Cutter Jaquez Lewis Mullica Simpson Smallwood Will Ginal Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:46:57 PM Senator Ginal introduced amendment L.003 (Attachment C). 02:47:48 PM Motion Adopt amendment L.003 (Attachment C). Moved Ginal Seconded Buckner Cutter Jaquez Lewis Mullica Simpson Smallwood Will Ginal Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:47:49 PM Senator Ginal introduced amendment L.005 (Attachment D). 02:48:11 PM Motion Adopt amendment L.005 (Attachment D). Moved Ginal Seconded Buckner Cutter Jaquez Lewis Mullica Simpson Smallwood Will Ginal Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:48:12 PM Senator Jaquez Lewis introduced amendment L.009 (Attachment E). 02:48:41 PM Committee members asked questions regarding L.009 (Attachment E). 02:55:31 PM Emily Zadvorny, representing CO Pharmacists Society, appeared for questions only. Committee members asked questions of Ms. Zadvorny. 03:15:49 PM The committee recesed. 03:20:55 PM The committee resumed. 03:22:18 PM Motion Adopt amendment L.009 (Attachment E). Moved Jaquez Lewis Seconded Buckner Yes Cutter No Jaquez Lewis Yes Mullica Yes Simpson No Smallwood No Will No Ginal Yes Fields Yes YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS 03:25:15 PM Motion Refer Senate Bill 23-144, as amended, to the Committee of the Whole. Moved Ginal Seconded Buckner Yes Cutter Yes Jaquez Lewis Yes Mullica Yes Simpson Yes Smallwood Yes Will Yes Ginal Yes Fields Yes Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB23-1058 - Referred to the Committee of the Whole - Consent Calendar Attachment Tag File Name Attachment F http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/8A17A17423F9...$File/Attachment F - Combined.pdf?OpenElement Attachment F - Combined.pdf 03:25:50 PM Senator Buckner, prime bill sponsor, presented House Bill 23-1058 concerning aligning Colorado and federal law definitions of âchild-occupied facilityâ for the purposes of lead-based paint abatement applicability. 03:32:14 PM Ms. Sarah Robirds, representing Colorado Parent Teacher Association, testified in support of the bill. Mr. Michael Ogletree, representing Colorado Department of Public Health & Environment, testified in support of the bill. Additional written testimony can be found in Attachment F. 03:38:31 PM Motion Refer House Bill 23-1058 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Buckner Seconded Buckner Yes Cutter Yes Jaquez Lewis Yes Mullica Yes Simpson Yes Smallwood Excused Will Yes Ginal Yes Fields Yes Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS SB23-083 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment G http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/59CFC6466886...$File/Attachment G - Combined.pdf?OpenElement Attachment G - Combined.pdf Attachment H http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/82208FC35095...$File/Attachment H.pdf?OpenElement Attachment H.pdf Attachment I http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/041474079E81...$File/Attachment I.pdf?OpenElement Attachment I.pdf 03:39:21 PM Senator Winter and Senator Simpson, co-prime bill sponsors, presented Senate Bill 23-083 concerning removing the requirement that a physician assistant be supervised by a physician or podiatrist, replacing it with a requirement that the physician assistant enter into a collaborative agreement with an employer, physician, or podiatrist. The agreement must include a description of the collaboration and performance evaluation process and any additional requirements made by the employer that is specific to the physician assistantâs practice. With a collaborative agreement in place, a physician assistant can practice medicine, including prescribing and dispensing medication, including controlled substances. Committee members asked the panel questions. 04:07:13 PM Alyn Whelchel, representing themself, testified in support of the bill. Kellie Lyons, representing Colorado Academy of Physician Assistants, testified in support of the bill. Jennifer Orozco, representing American Academy of Physician Associates, President, testified in support of the bill. Mr. Jeff McElwain, representing themself, testified in support of the bill. Committee members asked the panel questions. 04:53:44 PM Dr. Ken Patrick, representing ACEP, testified in opposition to the bill. Dr. Geoff Lim, representing Colorado Dermatologic Society, American Academy of Dermatology, and American Society for Dermatologic Surgery, testified in opposition to the bill. John Conklin, representing Colorado Medical Society, testified in opposition to the bill. Committee members asked the panel questions. 05:13:47 PM Dr. Phil Mitchell, representing DispatchHealth, testified in support of the bill. Dr. Susanna Storeng, representing themself, testified in support of the bill. Dr Lisa Fosnot, representing themself, testified in support of the bill. Mr. Christopher Newman, representing themself, testified in support of the bill. Committee members asked the panel questions. 05:40:27 PM Dr. Gary Morsch, representing themself, testified in support of the bill. Dr. Mark Johnson, representing Colorado Medical Society, testified in opposition to the bill. Dr. Patrick Pevoto, representing Colorado Medical Society , testified in opposition to the bill. Dr. Anna Engeln, representing Colorado Chapter of American College of Emergency Physicians, testified in opposition to the bill. Dr. Travis Morrell, representing themself, testified in opposition to the bill. Committee members asked the panel questions. 06:03:01 PM Dr. Mark Wallace, representing Sunrise Community Health, testified in support of the bill. Mr. Miles Henson, representing themself, testified in support of the bill. Shoshi Preuss, representing Colorado Community Health Network, testified in support of the bill. 06:12:26 PM Dakota Hitchcock, representing Colorado Medical Society, testified in opposition to the bill. Dr. Rebecca Kornas, representing Colorado ACEP, testified in opposition to the bill. Dr William Hilty, representing Colo American College of Emergency Physicians, testified in opposition to the bill. 06:21:55 PM Mr. Donald Moore, representing Pueblo Community Health Center, testified in support of the bill. Ms. Katie Dickerman, representing themself, testified in support of the bill. Dr. Pradeep Dhar, representing Salud Family Health, testified in support of the bill. Kelly Erb, representing Colorado Rural Health Center, testified in support of the bill. Committee members asked the panel questions. 06:38:29 PM Dr. Daniel Moon, representing themself, testified in opposition to the bill. Committee members asked Dr. Moon Questions. 06:49:54 PM Mrs. Kimberly Picchietti, representing themself, testified in support of the bill. Mrs. Heidi Warner, representing themself, testified in support of the bill. Mr. Bryan Wogen, representing Lykos Medical Primary Care, testified in support of the bill. Mr. Ron Rasis, representing themself, testified in support of the bill. Mitzi Moran, representing Sunrise Community Health, testified in support of the bill. Harlan David, representing themself, testified in support of the bill. Additional written testimony can be found in Attachment G. Committee members asked the panel questions. 07:24:28 PM Senator Winter introduced amendment L.001 (Attachment H). Committee members asked questions of the co-prime bill sponsors. 07:29:38 PM Motion Adopt amendment L.001 (Attachment H). Moved Simpson Seconded Buckner Cutter Jaquez Lewis Mullica Simpson Smallwood Excused Will Ginal Fields YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 07:29:40 PM Senator Simpson introduced amendment L.003 (Attachment I). 07:30:18 PM Committee members asked questions of the co-prime bill sponsors. 07:35:15 PM Motion Adopt amendment L.003 (Attachment I). Moved Simpson Seconded Buckner Cutter Jaquez Lewis Mullica Simpson Smallwood Excused Will Ginal Fields YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 07:35:44 PM Committee members provided closing remarks. 07:55:59 PM Motion Refer Senate Bill 23-083, as amended, to the Committee of the Whole. Moved Simpson Seconded Buckner Yes Cutter Yes Jaquez Lewis Yes Mullica No Simpson Yes Smallwood No Will Yes Ginal No Fields Yes Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-002 - Amended, referred to Senate Appropriations Attachment Tag File Name Attachment J http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/EEB2F2386BDC...$File/Attachment J - Combined.pdf?OpenElement Attachment J - Combined.pdf Attachment K http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/A97B422DF5B0...$File/Attachment K.pdf?OpenElement Attachment K.pdf Attachment L http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/E4178383137A...$File/Attachment L.pdf?OpenElement Attachment L.pdf 07:56:16 PM Senator Mullica and Senator Simpson, co-prime bill sponsors, presented Senate Bill 23-002 concerning requires the Department of Health Care Policy and Financing (HCPF) to seek federal approval to pay for services provided by community health workers under Medicaid by July 1, 2024, and to begin implementing this coverage once approval is received. Prior to implementing the new benefit, HCPF must hold four public stakeholder meetings on community health work. Stakeholders include the community health workers, Colorado Department of Public Health and Environment (CDPHE), health care providers, and schools and school-based health clinics. 08:04:13 PM Ms. Andrea Dwyer, representing themself, testified in support of the bill. Mr. Orlando Poole, representing themself, testified in support of the bill. Dr. Patricia Valverde, representing University of Colorado Anschutz Medical Campus, testified in support of the bill. Dr. Linda Burhansstipanov, representing Alliance of CO CHWs, PN, PdS, testified in support of the bill. Committee members made comments to the panel. 08:16:23 PM Dr. Jennifer Edwards, representing Trailhead Institute, testified in support of the bill. Mrs. Sandimar Timberman, representing Children's Hospital Colorado, testified in support of the bill. Manisha Dubey, representing Colorado Academy of Family Physicians, testified in support of the bill. 08:25:49 PM Michael Crews, representing Colorado Association of Local Public Health Officials (CALPHO), testified in support of the bill. Kelly Erb, representing Colorado Rural Health Center, testified in support of the bill. Ms. Jill Dean, representing Chronic Care Collaborative, testified in support of the bill. Ms. Carol Pace, representing AARP, testified in support of the bill. Additional written testimony can be found in Attachment J. 08:36:44 PM Senator Mullica introduced amendment L.002 (Attachment K). Kristine McLaughlin with legislative council staff provided background on the impact of the amendment to the fiscal note. Senator Mullica explained amendment L.003 (Attachment L). Committee members asked questions of Ms. McLaughlin. 08:42:00 PM Motion Adopt amendment L.002 (Attachment K). Moved Mullica Seconded Buckner Cutter Jaquez Lewis Mullica Simpson Smallwood Will Ginal Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 08:42:22 PM Motion Adopt amendment L.003 (Attachment L). Moved Mullica Seconded Buckner Cutter Jaquez Lewis Mullica Simpson Smallwood Will Ginal Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 08:42:24 PM Committee members provided closing remarks. 08:44:22 PM Motion Refer Senate Bill 23-002, as amended, to the Committee on Appropriations. Moved Mullica Seconded Buckner Yes Cutter Yes Jaquez Lewis Yes Mullica Yes Simpson Yes Smallwood Yes Will Yes Ginal Yes Fields Yes Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-063 - Postponed Indefinitely 08:44:36 PM Senator Mullica reintroduced Senate Bill 23-063. Public testimony and committee discussion was held on February 16. 08:47:10 PM Motion Postpone Senate Bill 23-063 indefinitely. Moved Mullica Seconded Buckner Yes Cutter Yes Jaquez Lewis Yes Mullica Yes Simpson Yes Smallwood Yes Will Yes Ginal Yes Fields Yes Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 08:47:31 PM The committee adjourned.