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7D8A25487FE4FD8B87258BC6006D5647 Hearing Summary




PUBLIC
BILL SUMMARY For HEALTH-CARE DECISIONS ACT (2023)

JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Oct 30, 2024      
Location HCR 0112



Health-Care Decisions Act (2023) - Will not proceed forward this year


01:54:16 PM  

Leia Ursery, representing Colorado Bar Association Trusts and Estates Section, testified that a subcommittee has been meeting and discussing the act since last year. There is not yet a formal position on the act, but the subcommittee does see an opportunity, through the act, to consolidatee portions of the statutes and asked for additional time for analysis and stakeholding.

02:02:06 PM  

Matthew Fowls, representing Colorado Bar Association Health Law Section, concurred that the act provides a potential avenue for some strategic frameworks to be implemented for the betterment of Colorado, but currently lacks stakeholder feedback from the health care community.

02:04:22 PM  

Jonathan Caldwell, representing Colorado Bar Association Elder Law Section, would like to ensure that the act works well for people and this requres additional stakeholder input for discussions on the act and regarding policy and medical ethics.

02:09:44 PM  

Saskia Young, representing Colorado Hospital Association, testified that the association respectfully requests that the act not move forward this year. She added that Colorado has a unique landscape of laws in this area which calls for medical community consideration before changes are contemplated.

02:12:00 PM  

John Conklin, representing Colorado Medical Society, echoed the request to defer consideration and the need for additional discussion on the act. Initial physician perspective on the act is that some of it is confusing and there are concerns regarding its interaction with current Colorado law.

02:12:01 PM  

Commissioner McGihon noted that, earlier this year, the commission reached out to members of the medical community to join in discussions regarding the act.

02:15:33 PM  

Commissioner Gardner noted that, in Colorado, it can be frustrating for people to arrange for advanced directives when all the information is not in one place. He asked for commitments from the witnesses to be involved in the stakeholding process to make the bill better.

02:15:34 PM  

Libby Snyder, Uniform Law Commission staff, informed the commission that the act was enacted in Delaware this past year, Nebraska introduced the act, and seven other states are actively working towards introduction in 2025.

02:21:24 PM  

Commissioner Gardner noted that the act may need some amendments to address mental health care issues and wondered if that would make the act nonuniform. Libby Snyder, Uniform Law Commission staff, responded that she would loop in the appropriate individuals to help the working group unwind these issues.

02:26:31 PM  

Commissioner Snyder asked for clarification regarding the need for this legislation in Colorado and Ms. Ursery replied there is not an immediate need for legislation as Colorado law is not broken, it just needs some updating, improvement, and consolidation to make the statutes more user friendly.

02:33:55 PM  
The commission thanked
the witnesses for their testimony, the subcommittee for its hard work,
acknowledged that it is a big project, and tasked them with reaching out
to colleagues regarding the act.


02:35:32 PM
Motion Moved that the commission defer introduction of the Uniform Health-Care Decisions Act for a year and request that stakeholders engage vigorously to resolve issues in view of introduction next year.
Moved Gardner
Seconded
Gardner
Yelana Love
Donald Mielke
Charley Pike
Snyder
Kerry Tipper Excused
Joseph Whitfield
Claire Levy
Anne McGihon
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection