s_hhs_2016a_2016-04-28t13:34:39z2 Hearing Summary

Date: 04/28/2016

Votes: View-->	Action Taken:
The motion passed without objection. Adopt amendment L.001 (Attachment D). The motion p Adopt amendment L.002 (Attachment C). The motion f Adopt amendment L.003 with the following changes: Adopt amendment L.005 (Attachment F). The motion p Adopt amendment L.006 (Attachment G). The motion p Adopt amendment L.007 (Attachment H). The motion p Refer Senate Bill 16-199, as amended, to the Commi	Pass Without Objection Pass Without Objection FAIL Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection PASS

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:
		VOTE
	Aguilar
	Martinez Humenik
	Newell
	Crowder
	Lundberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

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:
		VOTE
	Aguilar
	Martinez Humenik
	Newell
	Crowder
	Lundberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	SB16-199
TIME:	03:29:09 PM
MOVED:	Crowder
MOTION:	Adopt amendment L.005 (Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Martinez Humenik
	Newell
	Crowder
	Lundberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	SB16-199
TIME:	03:29:26 PM
MOVED:	Crowder
MOTION:	Adopt amendment L.006 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Martinez Humenik
	Newell
	Crowder
	Lundberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	SB16-199
TIME:	03:29:47 PM
MOVED:	Crowder
MOTION:	Adopt amendment L.007 (Attachment H). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Martinez Humenik
	Newell
	Crowder
	Lundberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

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:
		VOTE
	Aguilar	Yes
	Martinez Humenik	No
	Newell	Yes
	Crowder	No
	Lundberg	No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

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:
		VOTE
	Aguilar	No
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS