March 11, 2026 · Health & Human Services · 26,487 words · 24 speakers · 504 segments
Okay, the Health and Human Services Committee will come to order. Mr. Shudum, please call the roll.
Representative Zabaron.
Excuse.
Radfield.
You should have just not said it.
Here.
Representative Bradfield. Bradfield.
Bradfield is here.
Bradley. Bradley is here.
English.
English is here, too.
Frey.
Also here.
Hamrick.
Also here.
Johnson.
Dusty's here.
Luck.
Yet to be determined.
McCormick.
Here.
Raiden.
Excuse.
Stewart.
Here.
Leader.
Present.
Madam Chair.
Here.
Okay. Welcome, everyone. We're off to a fun start this late afternoon. We are going to hear the following bills in this order, 1019 with the representatives that are here now, and then 1116, 1260, 1092, 1235, and 1214. witnesses will have two minutes and ten minute panels and with that we'll turn it over to
vice chair leader tell us about your bill thank you madam chair hello colleagues i'm here to present house bill 26 10 19 concerning mandatory health care coverage for preventative kidney function screening services representative bacon and i are the co-primes of house bill 26 10 19 I introduced this bill because early detection of chronic kidney disease saves lives and saves money. But too many Coloradans don't get screened. Among the 800,000 Coloradans with hypertension, diabetes, or both, an estimated 144,000 likely have advanced chronic kidney disease. But remain undiagnosed. One out of every seven Americans has chronic kidney disease and up to 90% don't know they have it. Without early detection, kidney disease progresses to stages that require dialysis or transplantation. Patients out-of-pocket costs escalate from $208 annually for stage one and chronic kidney disease to over $10,000 for end-stage renal disease. The cost of early screening is minimal. Each comprehensive kidney function screened test costs a little over $5. The modest investment prevents the significant cost increases that occurs when chronic kidney disease is diagnosed late. The Kidney Disease Prevention and Education Task Force established 21, House Bill 211171, which I'm still on until it sunsets, identified early detection through accessible screening, is critical to reducing health complications and financial strain on Colorado residents and our health care system. This bill implements those recommendations by requiring health insurance coverage for annual preventative kidney function screening services without cost sharing And with that I will pass it to my co Rick Bacon AML Bacon Thank you so much And first I like to thank my co for allowing me to join you on this bill
Just for you all, over the last couple of years, Representative Leder has talked to me about this task force and asked me for continued support of it. And I'm not sure if many of you know why or know my story with this issue. My mom moved to Boulder, Colorado around 2005 and 2006. But it wasn't until 2009 that she got some very important information. Until then, she had visited her doctors regularly in Mississippi. And upon finally having a physician in Colorado, they did one screening and determined that she needed a new kidney. And so when I think about what this bill means as a matter of actual life or death, I think about a very real reality in that if she didn't have doctors who cared enough to look into things a little bit more or to do particular blood work, she may not still be with me now. I was not able to give her one of my kidneys, and one of my first cousins is her donor. But the conversation we had as a family was about why is it that her physicians in Mississippi didn't care to screen for kidney illness and kidney disease. And because of this state, which even though we hadn't passed this bill yet, the caliber of doctor that she had decided to do that, and they saw that her creatinine levels were exceptionally impacted and that she moved into the transplant list. I, unfortunately, was taking a law school final during that surgery. But, again, that surgery was in 2009, and my mother is still here with us today. And so I want to turn to you all to a few phrases or sentences in the legislative deck and a few sentences from the task force report. In the legislative deck, it does say starting on lines 14, and we're looking at a strike below as well, so I do want to acknowledge that. But there is language there that talks about the number of individuals who have chronic kidney disease is disproportionately higher in minority communities. Unfortunately, the African American community has a higher representation of those who have diabetes along with hypertension. Those are the diseases that deeply impact the kidney. I would also say in reading from the task force's final recommendations, it says in light of the data presented, it is evident that the state of Colorado has the opportunity to make strategic investments in early screening and interventions for chronic kidney disease, potentially yielding significant savings in the long run. And some of those savings go from spending a fraction of a dollar on a pill. I don't know if I'm allowed to say things, but a lot of us are familiar with a certain diabetes pill, right? To having to spend, you know what I mean?
She knows what I mean.
I'm allowed to say it.
I don't know.
This is a majority.
I don't even know the rules.
okay but and we think about how much that costs compared to the cost of dialysis or the cost of a transplant and the medication that you need after a transplant that is anti-rejection medication for the rest of your life and so when we think about the communities that are impacting and the low cost of prevention versus dealing with the high cost later as you heard from our co we do believe that it is a strategic advancement and therefore want to label this as preventative care And so with that, members, thank you for listening to us, listening to our stories. It's an honor to be here, and we will yield for questions.
Thank you, sponsors. Questions from the committee. Representative Bradley.
Thank you, Madam Chair, and thank you to the bill sponsors. I guess my question would be, why not allow the insurance carriers to tailor the specific population in different regions versus just, I'm not a big mandator. I don't like that word. So why not maybe permissive or allow them to tailor it towards the populations that maybe need it more than other populations?
Hey, Mel Bacon. Well, I think that I don't want to make presumptions on what you're saying, but I do want to say that a statement generally, what this bill also does is make a statement that this is preventative medicine. And even though there's a disproportionately high representation in particular communities, it doesn't mean they are the only communities that face it. And so the statement that we're also making with this coverage is that it is preventative care just in case, too, it impacts those who are not in those disproportionately high communities.
Additional questions from the committee? Okay. Seeing none, we'll move on to our witness testimony. Thank you, sponsors. Okay. Let's bring up Kelly Strother, Lance Thorne, Christy Kibler. Kibler, sorry. and then we have two remote Seth Levy and Amber Wall and then we have two folks from DOI for questions only if we could have Deb Judy and Tara Smith come forward as well we can maybe pull a chair up if we needed an additional one do we need to move Perfect. Well, thank you so much. Wonderful. Why don't we start from my left to right? If you could introduce yourself, the organization that you represent. I know you both are here for questions only, so that's all you need to do. And then if the rest of the witnesses have two minutes, please proceed.
My name is Sarah Smith. I'm with Colorado Division.
If we could just have it on the mic, sorry. The tiny little, perfect.
It's on?
Okay.
Sorry.
It looked like it was on.
Takes me a second. Good afternoon now.
I'm Tara Smith. I'm with the Colorado Division of Insurance.
Good afternoon, everyone. I'm Deborah Judy. I'm one of the Deputy Commissioners at the Division of Insurance.
Thank you. Please proceed. A tiny little button by the plug. Nice. We're on. Okay.
Good afternoon, Madam Chair and members of the committee. Thank you so much for allowing me to testify today. My name is Kelly Strother, and I serve as the chair of the National Kidney Foundation of Colorado's Board of Advisors. NKF is a nonprofit dedicated to supporting patients living with kidney disease, advancing early detection, and advocating for policies that improve kidney health outcomes across our state. I am also someone that has experienced the impact of kidney disease. my dad had in renal disease and in 2019 I was honored and privileged to become his living donor I am also a member of the kidney disease task Force So on behalf of NKF I here to offer our strong support for House Bill 26 Chronic kidney disease is one of the most underdiagnosed conditions in America. Nearly 38 million people are living with it, and roughly 90% of them don't know it. In Colorado, we estimate that hundreds of thousands of residents have some degree of kidney dysfunction right now going undetected. This isn't because people aren't seeking care, it's because the disease has no symptoms, is asymptomatic in its early stages, and because too many patients face financial barriers that stand between them and a simple life-saving screening. That screening, a basic blood or urine test, can identify kidney disease years, even decades, before a patient would otherwise receive a diagnosis. That window of time is everything. With early detection, we can slow progression, prevent kidney failure, reduce cardiovascular complications and in many cases help patients avoid dialysis altogether. Dialysis is not just a medical burden. It is a life-altering, multi-day-a-week commitment with significant cost. That costs the healthcare system over $90,000 per patient per year. Total cost per person for dialysis in 2023 was almost $85,000 for people with traditional Medicare and more than $114,000 for people for dual eligibles. Private insurance per person costs are higher given the higher reimbursement for dialysis treatment compared to public insurance payments. And yet when cost sharing stands between a patient and preventative screening, people will skip it. We see this in our community every day. The patients at most risk for kidney disease, those living with diabetes, hypertension, or a family history, and those in communities of color who face disproportionately higher rates of kidney failure, then must absorb an unexpected medical bill.
Thank you so much for your testimony. Please proceed.
Thank you, Madam Chair, members of the committee. It's good to see you all again. My name is Christy Kibler, and I serve as CEO of Lupus Colorado. Our organization supports the nearly 30,000 Coloradans living with lupus and the families that care for them. I'm here today in strong support of Rep Leaders Bill. I also want to recognize the brave lupus warriors who you're going to hear from in just a few minutes. Their voices remind us why early detection matters so much. Lupus is a complex autoimmune disease that can affect almost every organ in the body. One of the most serious complications is lupus nephritis, a form of kidney inflammation caused by the immune system attacking the kidneys. Up to 60% of people living with lupus will develop lupus nephritis. Often, within the first few years of diagnosis, kidney damage can begin long before symptoms appear. This often goes missed by the primary care providers that serve our patients. For children, the risk is even higher. Nearly 80% of children with lupus will develop lupus nephritis. And the pediatric lupus population is affected by a more aggressive disease, with kidney involvement happening earlier in the course of the disease. This is why screening is so important. Kidney damage can develop silently. Patients may feel fine while inflammation is already affecting kidney function. Simple blood and urine tests can detect changes early, allowing doctors to intervene before permanent damage occurs. Without early detection, the consequences can be severe. Up to 3 out of 10 people with lupus nephritis will develop kidney failure within 15 years, requiring dialysis or a kidney transplant. This bill helps ensure that preventative kidney screening is covered as preventative health service, removing cost barriers that might delay testing. For people living with lupus and other conditions that increase kidney risk, the screening is not just routine care. It is a chance to protect long-term health and avoid life-altering complications. Thank you for your time and consideration.
Thank you so much. Please proceed.
Good afternoon, committee members. Thank you for hearing us today. My name is Lance Forn, and I am here in association with Lupus Colorado and the NKF National Kidney Foundation. And I was diagnosed with lupus when I was 17 years old. I had issues with kidneys right away. I gained a lot of weight in fluids. I was afraid and I didn't know what was going on. But they were able to get it under control and I was very lucky. In 2012, I started seeing a nephrologist and I was diagnosed with lupus nephritis. In 2013, my doctor told me sometime in the future I would probably need a kidney transplant. And that fear came back. There was a flyer on the desk that year, and I participated in the first kidney walk in 2013, and it was nothing short of amazing and inspiring to hear the stories of the donors and recipients and how many people were in need of a kidney. And now I'm a committee member of the NKF, Diveren Kidney Walk. In 2017, my kidneys started failing, and I spent many months in the hospital, and it was very scary. It was a very scary, confusing, and isolating time. I spent several years on dialysis, both hemo and peritoneal. In my occupation, I serve the general public, and I see many people in here, many stories of people who need a kidney or know someone who has loved or knows somebody who does need a kidney. Yesterday I spoke with a former neighbor and her kidneys were declining and she was in tears, terrified that she was going to go to dialysis and die. I saw a 19-year-old when I was on dialysis and I just thought how unfair it was that he had just started living his adult life and had to go through dialysis, which is very difficult. I told the neighbor about the kidney donations and how it's possible to live a long life on dialysis. And the maintenance man in my apartment told me his dad also had to start dialysis and was having a hard time. My story is not unique. I am in a support group named the Lupus Dream Team.
Thank you so much for your testimony. Really appreciate it. We'll move online to Dr. Levy.
Okay, hello. Can you hear and see me?
We can.
Okay, great. Thank you, Madam Chair and members of the committee. My name is Seth Levy. I'm a local nephrologist, a kidney doctor in Westminster, Colorado, and also honored to be a member of the CKD Task Force, where I've gotten to work alongside Kelly and Representative Leader, where for several years we've been forming this bill to try to move our healthcare system in a more proactive state. I think probably all familiar with the old adage, an ounce of prevention is worth a pound of cure. And that could not be more true in any other example than as it regards to kidney disease. As you've heard a little bit already, kidney disease is often asymptomatic until it's very advanced. And that means that it's like a silent killer, as we say. The symptoms are often not present until the disease is very far along, and at that point is very difficult to treat and is also fairly expensive to treat. And that continues As an early stage kidney disease stage one there are five stages one two and three It costs approximately a year of research to treat for a dialysis patient which is stage five It about a year So the costs escalate dramatically. So there are cost benefits and life benefits to passing this bill. The benefits to the patients, earlier testing, opportunities to intervene when the cost is far, far less, and also the outcomes are far greater. Benefits to the healthcare provider are that by recommending this as a preventative service, there's an incentive to check for it. And also that financial barrier is removed, which is not only good for the patient, but also the provider. Sometimes that can inhibit a practice recommendation. So now we're just focused on good care and not necessarily being constrained by cost. The benefits to the system, to the state, to the insurers and the entire healthcare system are that those savings will be realized by the payers. It costs only a few dollars to screen, where it is many hundreds of thousands of dollars to treat the disease in the advanced stage. So by moving this upstream and treating it early, we will save millions of dollars by the modeling that we've done. And then most importantly, we will improve the outcomes of
thousands of lives throughout our state. Thank you so much for your testimony. We'll move on to our final witness, Amber Wall.
Hello, can you hear me?
We can.
All right, thank you. Good afternoon. My name is Amber Wall, and I'm here today as both a board member of Lupus Colorado, the nonprofit dedicated to improving the lives of people living with lupus, and as someone who has lived with lupus for more than 35 years. I respectfully ask for your support of House Bill 26-1019. Lupus is an autoimmune disease in which the immune system mistakenly attacks healthy tissue, causing inflammation. The kidneys are especially vulnerable, and early detection is critical. Kidney function screening involves simple blood and urine tests that allow physicians to detect problems before permanent damage occurs. Once kidney damage develops, it cannot be reversed, which makes early testing the most important step in preventing serious outcomes. I was diagnosed with lupus as a teenager. In 2004, 14 years after my diagnosis, my kidney function tests began to show abnormalities. Adjusting my medication was not helping enough, and so my doctor ordered a kidney biopsy. Very fortunately, the biopsy showed that the disease had been caught early before any permanent damage had occurred. Because of early screening and early kidney testing and timely medical care, my kidneys were saved. I know how different my life could look today if that testing had not been available when I needed it. I was very fortunate. Many people with lupus are not diagnosed early enough to prevent irreversible kidney damage. House Bill 26-1019 helps ensure that early screening is available to every patient that needs it before permanent damage occurs. no patient should have to worry about whether they can afford a test that could prevent organ failure or save their life your support of this bill will help ensure that more patients have the same chance that i did thank you so much Thank you so much for your testimony I forgot to mention earlier that representatives Barone and Ryden have joined us
And questions from the committee. Representative Hamrick.
Thank you, Madam Chair. Thank you so much, those who have testified so far. And I would like to give Kelly and Lance a little more time to finish their statements. Ms. Truthers.
Okay, so picking up. And yet when cost sharing stands between a patient and preventive screening, people skip it. We see this in our community every day. The patients most at risk for kidney disease, those living with diabetes, hypertension, or family history, or communities of color who face disproportionately higher rates of kidney failure, then must absorb an unexpected medical bill. This bill would eliminate that barrier entirely. This bill aligns Colorado with evidence-based preventive care guidelines that ensures that doing the right thing for your health doesn't come at a financial penalty. It is a targeted, meaningful intervention that will save lives and reduce downstream costs across our health system. On behalf of patients, families, and communities we serve, the National Kennedy Foundation of Colorado urges a yes vote on House Bill 26-10-19. We are grateful to the bill's sponsor for their leadership, and we are happy to serve as a resource to this community and to the committee. Thank you.
Mr. Forn. My story is not unique. I am at a support group called the Lupus Dream Team, where two of us have received kidney transplants. Three of us are still in need of kidney transplants, and one passed away last year waiting for kidney transplants. I'm here on behalf of the patients at Davida East and the patients that have gone home waiting on a kidney, and on behalf of here on all the members of the Lupus Dream Team and members of the community of Aurora who still need a kidney or know somebody that needs a kidney. CKD is very common, and we have the power to save lives here, and it would also benefit financially the constituents of Colorado and the state of Colorado if CKD is caught early. I urge you to support Bill 2610-19.
Thank you. Thank you for your testimony. Any additional questions from the committee?
Representative Bradley. Thank you, Madam Chair. I have two questions for, is it Dr. Levy? Okay, thank you. I'm curious to ask you, several states, I looked it up, if anyone has mandated this, and no state has mandated it. Several states have encouraged screening through task forces or public health initiatives by promoting screening for high-risk populations like diabetics and hypertension, or they run community screening clinics. I'm wondering why you think that a mandate needs to happen, and if the nephrology community, the doctors in the nephrology committee have gone out into the community to run screening clinics or awareness campaigns.
Dr. Levy. Yeah, thank you for the opportunity to speak on this. So we have done some of these outreach campaigns. I'm also a member of the board of the National Kidney Foundation, and we've done some public health screenings. The problem with that is the scale is small, although the targeted audience is very worthy because these are often, I mean everybody worthy but these are often under or uninsured patients who are minority status who are both less likely to get the care and also have a higher genetic risk So it absolutely a valid effort The challenge is that the scale is small And the reason that we are advocates of this bill is because even in the healthcare provider's office, where they may probably be aware of the situation, they have a lot of other requirements. You know, there's a lot to consider when you have to evaluate a patient in 15, 20 minutes who has multiple chronic diseases. Part of the benefit of this bill is it makes it easier for them to offer it, both by not having the financial barrier and then also as a recommendative service. We know from other health conditions that these do improve quantity and quality of lives. For example, colonoscopies, mammograms. These are fairly advanced tests that we do recommend to screen for cancers. and they do save lives, far fewer lives than those that are lost to kidney disease, however. Doctors are also encouraged to ask about smoking, vaccinations. You know, there's a number of things that they're encouraged to do. So these just get done more. Even though we have very diligent, very intelligent people in our health care force, they're quite busy. And so if this goes under the radar because the patients won't ask about it, they often won't have symptoms. they won't get diagnosed until later. And so the whole effort to move this upstream is to make it easier on patients, easier on healthcare providers, which by the way, will save millions of dollars for the healthcare system and everyone benefits. We're making it easier. We're removing barriers, which will lead to more action taken, which means more patients screened at an earlier stage where they're treating themselves or they're being treated with partnership from the healthcare provider, which is far more effective. Sorry, continue. I just wanted the benefit I wanted to mention as we've discussed that the cost of the screening is just a few dollars versus the many tens or hundreds of thousands of dollars of treating the advanced disease. So the tests will more than pay for themselves. But there's one additional benefit to our society, which is that, you know, as a kidney doctor, I've been treating these patients for almost 20 years. And what I see with someone who has mild kidney disease is they come in the office every few months, maybe once a year, and then they go. They're well. They're going to take their kids to school. They're going to work. They're contributing to society in a way that the advanced disease patients do not. These patients that I see in the dialysis unit, they need a lot of help. They have typically very little energy. Some of them are doing pretty well. Many of them are just kind of getting by. They drain a lot of resource. They end up in a hospital. They get various procedures. They often have to have transportation from their other family members or from a hired service. It's a lot of resource and there's not being much put back in. So the other benefit of keeping patients healthy by screening and treating earlier is that these are patients who do go to work. They pay taxes. They're contributing to society. You know, there are untold benefits to everyone, whether you have kidney disease or not, by addressing this underrecognized disease and helping to treat it earlier.
Representative Bradley.
Thank you, Madam Chair.
And I agree. It's an ounce of prevention, that old saying. My question is, is we've heard testimony that this is underserved and uninsured populations. So for me, without mandating and getting into the community, it seems like we could present these facts and get people screened better through community outreach versus trying to say that these people have to come into the hospital. So I guess that was my question. I'm not against preventative measures. I'm wondering how we get... people that truly need the screening into the doctor's offices and places when I'm hearing that a lot of these people aren't going to the doctor to get the screening in the first place.
Dr. Alibi? Yes, thank you for that clarification. So that's why we want the screening to be covered at no cost to the patient, because the barrier is the financial barrier. Even though the test only costs a few dollars, sometimes the bill that the patient will receive could be several hundred dollars. And although under the Affordable Care Act, all people are granted access to certain preventative services, including annual screening visits with their doctor, that doesn't necessarily cover labs. And so the doctor may ask screening questions, and if it's not a colonoscopy, they may not recommend it. If it's not a mammogram, they may not recommend it. The patient may not want it if they have cost sensitivity. And then what happens is eventually it gets picked up far later when they land in the ER and they've got some advanced disease. What we're promoting is an office visit outpatient and auditory well patients getting screened where their doctor, their healthcare provider can say, hey, by the way, this won't cost you anything. Most people would probably consent to that. And not all of them will be positive, but the ones who will wouldn't have known it in most other cases. And now they have the opportunity to intervene when they're still otherwise a fairly stable well patient.
Representative Johnson. Thank you, Madam Chair. To anyone on, because we're looking at a mandate onto insurance to offer this to patients, can the patient opt out if they don't want this, and does that show up on their insurance? Some insurance groups actually show a health wellness plan, and if you don't get a vaccine or you don't do this, sometimes it can account for some things that they're trying to do for their benefit match. Is this going to put any kind of stigma on someone who decides to opt out of this? Is that a choice they have if a patient says, no, I don't want the urine or the blood test? Maybe for DOI?
Ms. Judy, Ms. Smith? Ms. Judy. Thank you, Madam Chair. I think somebody could opt out of a test if they didn't want to take a test and it should not show up on their coverage. They shouldn't be paying for it.
Representative McCormick. That's the question. If I was tracking. Okay, sorry, maybe I didn't understand the question, but okay. Thank you. My question is also for Deb Judy. I don't know if through the discussion, I can't find it in here, what age does the screening start if this is going to be an annual requirement? Do we have an age where it starts that I missed?
Ms. Judy? Thank you, Madam Chair. Thank you, Representative. I don't think the legislation includes a specific age that it starts, is my recollection of the bill as it's written.
Okay. We have one last question from Representative Bradfield. For the insurance people, is there a reason this isn't part of what you are asking insurance carriers to include in their wellness?
My name is Judy. Coverage? Madam Chair, thank you, Representative. So, carriers are required to cover, I'm going to talk about major medical plans, essential what we call qualified health benefit plans. They are required to cover 10 essential health benefits. That includes lab tests, ambulatory, you know, hospital services, mental and behavioral health visits there 10 of them I can think of them all off the top of my head Then we are also required to cover certain preventative services This is not considered a preventative service at the moment Those are dictated by three national organizations. My understanding is the U.S. Preventative Services Task Force, which helps set our preventative services guidelines, is currently reviewing whether to cover kidney screening, but it is not. So what we require of carriers is that they cover those essential health benefits, they cover all those preventative services that are required by the Affordable Care Act. We did conduct a study, the representative asked for an analysis. We do believe that in many cases carriers are already covering these services, but not necessarily for screening of an asymptomatic person.
Thank you. Okay, wonderful. Thank you so much, panelists, for participating today and also for sharing your stories. Really appreciate it. Okay. Are there any other folks in the audience or online that would like to testify today? Oh, please come forward. If you could state your name and the organization you represent. And you have two minutes. And it's the tiny little button by the plug. It's a little gray button. Perfect.
Good afternoon, Chair and members of the committee. My name is Dr. Jessie Shea. I use she, her pronouns, and I'm the Executive Director of Chronically Informed, a nonprofit that supports patients with chronic health conditions as they navigate the medical system. I am a doctor of social work with an expertise on the experience patients have who live with chronic illness. And most importantly, I am a patient who lives with a number of chronic medical conditions myself. One of the chronic conditions I live with is kidney disease. I'm here today to testify in support of House Bill 26-1019. For years, I was lucky enough to receive kidney screenings because I was on medication that indicated the tests were necessary. After being on that medication for more than 25 years, my creatinine went up dramatically, suggesting I had developed issues with my kidney function. My doctor then referred me to a nephrologist who confirmed that I do, in fact, have kidney disease. If I had not been receiving regular kidney screenings, I would not have been diagnosed in time to actively treat the condition and improve my health. I am now being treated for my kidney disease with one pill a day, not dialysis. The kidney screenings I received prevented more invasive treatment and made it so I can take less medication than if I had been diagnosed after the kidney disease had progressed. By passing this law, you will be making life-changing and sometimes life-saving screenings available to patients who might not be able to access it otherwise. This inexpensive, simple test will help patients get the care they need sooner and prevent what could be a death sentence for some. Living with chronic kidney disease can be difficult, but what makes it more difficult is not catching it in time to prevent serious kidney damage. With routine screenings, patients can end up like me, someone who takes a tiny pill once a day and has a future that will likely never include dialysis or kidney surgery. Everyone deserves the access to quality health care that I have been so lucky to have. Please support this bill. You can save lives. Thank you for your time.
Thank you so much for your testimony. Any questions for this witness? Seeing none, thank you for participating today. Okay, with that, the witness phase is closed. Sponsors, if you'd like to come forward.
Vice Chair Leader would you like to move your amendment Yes It a strike below You all should have got it the other day And it L I move to House Bill 1019.
Second. Representative Furry seconds.
Please explain the amendment. Thank you.
So after several stakeholders, we've come to the strike below. We've just figured it would be easier and cleaner to do it this way. So what you have, it will address several concerns and technical cleanups. It's in response to amendment requests from the insurance industry. So we moved the legislative declaration out of the statute and added language relating to coverage under the HSA pursuit to federal law. We struck the basic metabolic panel from one of the three required screening tests, because most of them, they already do it. And we added the defrao language on behalf of DOI. And lastly, and unfortunately, we exempted Colorado WINS, the state workers, the state workers and employees. I negotiated, I talked with them and they understood that, and that got rid of the $1.2 million fiscal note, and it is now at a zero. In addition, this, they can't really, they negotiate their contract every five years.
Okay. Any questions on the amendment? Seeing none, any objections?
Representative Bradley objects.
Mr. Shadun, can you please call the roll? Representative Verón?
No.
Bradfield?
No.
Bradley?
No.
English?
Yes.
Frey?
Yes. Hamrick? Yes. Johnson? No. Luck?
No.
McCormick? Yes.
Wrighton? Yes.
Stewart? Excuse.
Leader. Yes. Madam Chair. Yes.
Passes 7-5 with one excuse. Okay. Do you have any additional amendments? No. Does the committee have any additional amendments? Okay. With that, the amendment phase is closed. Sponsors, wrap up. Vice Chair Leader.
AML Bacon sorry members thank you so much for hearing the stories today and thank you to the witnesses who came to share their experiences as well I do want to thank you also for voting for the strike below had the strike below not been passed you would be voting on a bill that includes a little bit more by way of the screening and the tests along with some things that we have heard in regards to coverage for, you know, the high deductible plans and the HSAs, those would not have been included in the bill. So the vote for the strike below, we bring to you a leaner bill that has been stake held in regards to an understanding, a better understanding of what could be included in the screening, including the two types of tests that you heard and where this coverage could extend to. Just for a little bit of history, you know, five years ago, we also had conversations about preventative care. And there we included things like osteoporosis and breast cancer screening. And what we do know is as we move things along with our understanding of our health conditions, we do understand that preventative care is exactly what the name suggests. It does not only save people their lives it saves businesses costs it saves the state costs with our coverage And again when we talk about right now what the medication can be as you even heard from our witnesses, to treat things like diabetes and hypertension, given how low that cost is due to medical advances, we believe, and along with the task force, believes that this is a sound investment. The task force even goes so much as to say that, you know, we implore you to not think of this as a cost. We implore you to think of this as a strategic investment and that we do know that this illness can be cut early. And also in regards to what we heard from the physicians, you know, thank you for the questions. If it is not considered preventative care, then it doesn't have the coverage as it is. And so even though community outreach may occur, people will still have to pay for the screening. And that's, again, why we're having it declared as preventative, so that it could be covered by insurance policies, so that down the line, it will not only save dollars, but it will save lives. And so for many people who have talked to us about ROI and return on investment, we believe that this coverage is a sound one. And so while I can appreciate the concerns around a mandate, I will say that over time, when all of us have come to a conclusion in regards to not only how many lives or money it will save us, that's what should be matched by a mandate, because it is a statement to say that we find this to be preventative when we find it to be life-saving. And so again, this is not the only time we have talked about illnesses in our coverage. Again, five years ago, we included postnatal depression because we find the same types of benefits by way of cost-benefit analysis. And so with that, members, we have an opportunity to do something here to bring more people into the fold of something that is treatable, something that can occur even though it hits communities, certain communities at a disproportionately high rate, it doesn't mean it doesn't hit all communities. And if we have an opportunity as a state to say that we care and we now know this is studied for the outcomes, then we should do that. And so with that, members, I do encourage an aye vote. And again, I look forward to any continued conversations and discussions. but let's make a decision that can help a lot of good people today. Thank you.
Nice, Chair Leader. Thank you, Madam Chair.
And thanks to everybody who came up here and testified. This has been a long time working on this bill, and I appreciate their time and the wait. I mean, this is 130, but, you know, things happen. That's the way we bake the stuff here. So early screening prevents late diagnosis, particularly for high-risk populations. You've heard it. With hypertension, diabetes, it enables timely medical intervention before kidney disease progresses to costly advanced stages. The bill will also reduce the overall financial burden on patients, insurance plans, and state health care plans through cost-effective preventative care, as is in the actuary study. This is personal for me. My brother was a transplant receiver. unfortunately he's since passed but it wasn't because of the kidney he had a great kidney and it was still working strong so just like your Annual exam, this is straightforward, preventative care. The Affordable Care Act requires coverage for cancer screenings, heart disease screenings, and diabetes screenings. He was a diabetic since he was 17. I didn't want to age limit on it. I have friends that have kids that are seven. Kidney disease is the ninth leading cause of death globally. Early detection works, and it saves money and lives. With that, I ask for an aye vote.
Thank you, Vice Chair Leader. Would you like to move the bill?
I move House Bill 1019 as amended to the Committee of the Whole.
Second. Representative Ferre, seconds. Okay, closing comments from the committee. Representative Hamrick.
Thank you so much, Rep. Leader and Rep. Bacon, for bringing this really important bill and the people that testified, especially the young man. And Sheila, you're talking about people as young as seven if they're diagnosed early. So thank you for bringing this and the awareness of kidney issues, and I'll be an enthusiastic guest.
Wonderful. Okay, Mr. Shudin, could you please call the roll?
Representative Zabaron.
No.
Bradfield.
No.
Bradley.
No.
English.
Yes.
Ray.
Yes.
Hamrick.
Yes.
Johnson.
No.
Luck.
No.
Formick.
Yes.
Wrighton.
Yes.
Stewart.
Yes.
Leader.
Yes.
Madam Chair.
Yes. Passes 8 to 5. You're on your way to the Committee of the Whole. Thank you, sponsors. Okay. We're going to move on to 1116. We can bring up our sponsors. Yeah. Leadership. Okay. Who would like to talk first?
Thanks, Representative Ryden. Tell us about your bill.
Thank you, Madam Chair.
Hi, everybody. So many of you know I have been really working to try to understand our crisis response system, especially when it comes to psychiatric crisis. We've been trying to unpack this. I thought we were going to address one lever with 11-16 that we proposed. Those were in the first couple sections of the bill. I am learning some new things as a newish legislature, legislator, and the surprise of costs that sometimes happen when we have these ideas. And so you're seeing the amendment that we have, which really is going to strike most of this bill. I spoke with some of you already about this. I emailed you essentially the amendment to strike the bulk of it. and then you also have a revised fiscal note as well that is kind of why we're striking most of it but really what is left is still good things the two components left is really going to make life easier for healthcare providers and it's going to allow for a little bit faster access to mental health treatment in the outpatient space so the section 5 of the bill It going to provide some clarity to our hospitals and you hear from them a little bit on why they need that clarity But when a 72-hour hold is issued, that is, again, someone is in psychiatric crisis, they're brought to a walk-in center or they're brought to a hospital, and then they're further evaluated, those three days, those 72 hours expire. In current statute, after that expires, the hospital is required per current law to follow up with them within at least 48 hours. That has provided a little bit of confusion to some of the folks in that community. And again, you'll hear the specifics of that. So what we're looking to do with this part of the bell is just expand that to 72 hours for the follow-up call to happen. And within that timeframe, I'm going to be very specific about what that is to help with with some of the lack of clarity that some of the folks in the hospitals are experiencing. The last part, Section 6, this is just permission to the Behavioral Health Administration to accept local inspection of outpatient providers. And it kind of clarifies that if you're doing telehealth, you don't need to have an inspection. So again, just trying to, I think we've been looking for ways to figure out what are the barriers to people accessing care and for brick and mortar clinics, you know, to get up and running again, especially post-COVID. We've had a lot of people wanting to return to in-person. And this is one of those hurdles is having to wait for a state inspection. So it doesn't make it seems like that's a bit of a redundancy. So can we cut some of that redundancy by just making a clearance statute that that can be accepted by the Behavioral Health Administration? So with that, again, the goal really of this bill originally was to look at improving the crisis response system. We can't do all that right now. I'm going to keep working on it. But for now, we at least can do these two things that you see in that amendment. And with that, I can turn it over to my colleague.
Representative Gonzalez.
Thank you, Madam Chair.
And I want to thank Maya Coprine for a lot of the work she did asking me to get on this bill as well. I really care about my health care provider community and my community health centers, and so I appreciate the work that my co-prime has done to help me get here. And so I ran it through people in my district who have concerns about some of the things that we need to get to and address, especially in the health care industry and especially in the behavioral health industry. And I think it's important to highlight, I think, the expedited process to make sure we have a more streamlined process in the treatment intervention and to provide clarity that a lot of these people have been asking for. I also want to appreciate my co-prime for working on the amendment to get it to a zero fiscal note. I know we're in a tough budget year, and so I think the parity is the biggest thing that we all talk about. When it comes to health care, I think parity is not enforced, and I think that's something that we should look at. But again, this costs money and time and resources that we just don't have at this present time. But I just want to highlight that this is needed to provide clarity for some of our providers and people in my district who have been asking for this. So I encourage an aye vote.
Thank you, sponsors.
questions from the committee. Representative Johnson. Thank you, Madam Chair, and thank you, sponsors. Looking at your amendment, I appreciate that it goes from at least 48 to 72. I'm still curious, especially in rural areas where they're understaffed. We're still looking for folks. I'm just concerned about the unfunded mandate or the aspect of the still follow-up when they're still struggling just to do what we have out there. So I'm just curious if you've heard that side of things from anyone.
Representative Fryden. thank you for the question yes I think that was part of the impetus for this as we were hearing that it is a little challenging to follow through on these things and I have concerns about this part of the bill as written which was put in a statute several years ago And as I investigating more of what happens to our folks in psychiatric crisis and the follow care I do wonder about some of the stuff that's actually happening. I'm going to continue to look into that. I wouldn't say it's an unfunded mandate. I think they have been doing it, and they've been doing it the best they can, because we know that's what health care providers do. They do the best they can often with what they have to work with. but the reason was is we've got to give a little bit more space and capacity in order to do that I've worked in psych hospitals on the weekends as like as needed and it's chaos and you know you are just trying to do everything you can following the law as best you can that's also why you'll notice there's that exclusion excluding weekends and holidays to also give a little bit of additional space and breath and flexibility to the health care providers who truly and that's mostly the nurses and social workers who are doing, and maybe some of the case managers if they have case management on the weekends, which often they don't. So it does sometimes fall in the nurses to do some of these follow-ups. I hope that answers your question. Additional questions from the committee.
And you'll hear from them as well. Representative Bradley. Thank you,
Madam Chair. So in talking, I think when we spoke, and tell me if I was wrong, first of all, I'm sorry you had to amend this like this. It's heartbreaking when you worked so hard on something. So thank you for being open to listening to people bringing this forward. I know that that's frustrating. You were just clarifying because the at least 48 hours was very confusing for a lot of people. So putting into statute the 72 hours after discharge is clearing up that kind of ambiguous statute, correct?
Representative Braden. Correct, Representative Bradley, and being even more specific from at least to within. That was also clarity they were asking for as well, and that is how the Behavioral Health Administration had kind of been writing it in rule, but there still was that
confusion. Additional questions from the committee? Okay, seeing none, we'll move on to the witness testimony. Thank you, sponsors. We're going to go ahead and call up Aubrey Shomo, Ryan Templeton, Kristen Hartman, Alicia Bunch, and Frank Cornelia. While we're bringing up folks online, if you want to go ahead and get started, Mr. Templeton, introduce yourself, the organization that you represent, and you have two minutes.
Thank you, Madam Chair. Good afternoon, members of the committee. My name is Ryan Templeton. and I serve as the Governmental Affairs Officer at the Behavioral Health Administration. I wish to begin by expressing my gratitude to Representative Ryden for a willingness to engage in complex statutory updates that have a direct impact on individuals experiencing complex behavioral health concerns. I look forward to our continued collaboration on systemic solutions to streamline Colorado's behavioral health system extending well beyond the outcome of House Bill 26-11-16. I understand that amendments are presented today impacting multiple sections of this bill. BHA maintains a support position on the additions currently located in introduced Bill Section 6. These changes address how providers obtain a certificate of compliance when that provider is seeking licensure from BHA as a behavioral health entity. A certificate of compliance is an official document from the Colorado Department of Public Safety Division of Fire Prevention and Control, stating that a health facility's construction, products, and work comply with specific or specified fire and life safety code standards. all entities seeking behavioral health entity licensure from BHA are statutorily required to obtain that certificate of compliance regardless of their service type For outpatient and telehealth providers this blanket requirement is costly time and of limited value The changes established in Bill Section 6 do three main things that support Colorado's behavioral health system and its network of providers. It increases access as new, smaller, and specialty-focused outpatient and telehealth providers can more easily enroll as BHE's, expanding behavioral health care access across Colorado. It supports public safety by creating a risk-tiered approach to fire safety compliance. High-risk providers, services such as facility-based crisis or withdrawal management, retain the rigorous DFPC certificate of compliance standards. And lastly, it reduces burden by eliminating unnecessary administrative and financial barriers for lowest provider types, making it easier for providers to join and remain part of the behavioral health care system. Thanks again, Representative Ryden. Representative Gonzalez for your dedication to address behavioral health system barriers.
Thank you so much for your testimony.
Thank you.
Perfect. I will move to online. Kristen Hartman, please.
I had to find the button. Thank you. My name is Kristen Hartman. I represent myself as an independent health equity researcher and as a parent of a service-related disabled veteran daughter with SMI. I put in the amend position only because there wasn't a box for asking questions. I just wanted to definitely thank the sponsors for bringing this. I think anything that, you know, as a parent who's navigated, it's just been a real nightmare. I think anything that we can do to move the move closer to health equity for everyone. When I learned a few weeks ago that women with mental illness in Colorado are being incarcerated at more than twice the rate of men with mental illness. As an affected family member, boy, that is really hard to keep trying to manage in terms of keeping hope and faith. And so I'm here today in support of any effort that will move this needle forward towards more health equity and to really thank the bill sponsors for their courage. Somebody has got to start standing up for us. We're, you know, you know, in a state, you know, about equity and to have twice or twice. You know, what are we doing with with our girls? You know, why are we incarcerating women at twice the rate? And we can't I'm in Western Colorado. We don't have a mental health hospital, you know, and we have the highest suicide rate in the state. So I'm using my time to express the need, to express gratitude, to express, you know, again, just please, please support this bill and cheers to the sponsors. And please keep fighting for us. We're drowning out here and every little bit helps. So thank you so much for your time and for allowing me to speak. And I look forward to going forward. Thank you.
Thank you so much for your testimony. We'll move on to Alicia Bunch.
Good afternoon, Chair and members of the committee. My name is Alicia Bunch, and I serve as the Vice President of Behavioral Health for UCHealth. I'm also a member of the Colorado Hospital Association's Behavioral Health Council. CHA members have worked with Representative Bryden over the past six months to identify opportunities to strengthen our state's behavioral health processes, and I'm here to explain one of the changes that we have identified. Hospitals across Colorado are on the front lines of responding to behavioral health crises, especially for patients presenting with suicide risk and self-harm, or those placed on mental health holds. These moments really represent some of the highest risk transitions in health care, and follow-up after discharge is so important. Last year, we shared with Representative Bryden operational challenges that hospitals face in order to protect patients during a high-risk transition of care. Several oversight and funding entities implemented discharge follow-up requirements with varying definitions. While these efforts share the same goal of patient safety, they currently operate with conflicting timelines. One of the most challenging areas is the timing of follow-up after a mental health hold-related discharge. Under current law, hospitals are expected to complete a follow-up within 48 hours while other programs use a three-day window. This lack of alignment creates operational confusion for care teams and can make it harder to ensure that follow-up is meaningful and successful. The bill offers a practical improvement. By extending the follow-up window to 72 hours, the bill better aligns with other state initiatives and gives hospitals the ability to reach patients at a time when they're actually more likely to engage. We commend the bill sponsors for their efforts to begin alignment of these follow-up definitions, ensuring that the legal framework that supports these practices is clear and precise is essential to prevent ambiguity as we move forward and ensure patients receive the care that they need. Thank you for the opportunity to testify.
Thank you for your testimony. We'll move on to Frank Cornelia.
Thank you, Madam Chair, members of the committee. My name is Frank Cornelia with the Colorado Behavioral Health Care Council, representing Colorado's community behavioral health safety net providers. First, I want to thank Representatives Raiden and Gonzalez for bringing this bill forward. CBHC appreciates the sponsor's work with stakeholders on the amendment that will be offered today, and we would support the bill if amended in that way. The remaining provisions address two practical issues providers have encountered in the field. First, the clarification of the 72-hour follow-up requirement, excluding weekends and holidays, helps ensure the standard is both meaningful and operational. Follow-up after crisis is important, but it also has to reflect the realities of staffing and care coordination across weekends and holidays. Second, the clarification regarding the fire safety certificate requirement resolves a technical issue that providers have encountered and helps ensure facilities can operate safely while avoiding unnecessary administrative barriers. I also want to acknowledge the original intent of this bill to explore the greater alignment between emergency commitment process for substance use disorders and the process for mental health. From the provider perspective, that conversation is both important and inevitable. Behavioral health care in Colorado is increasingly integrated. Regulations, administrative systems, and financing are aligning. Yet the legal frameworks governing crisis response remain separated by conditions, which can create confusion for responders, clinicians, and families. While today's amendment narrows the scope of the bill, the broader conversation about aligning those systems will remain an important one to continue As Colorado continues moving behavioral health crises out of jails and into treatment settings it will be important that policy financing and provider capacity evolve together. Ultimately, when someone's in crisis, the system responding to them should be clear, consistent, and focused on getting them the right care as quickly as possible. CBHC respectfully supports the bill if amended as described. Thank you.
Thank you so much for your testimony. We'll move on to Aubrey Shomo.
Ladies and gentlemen of the committee, I must oppose this legislation. I have not seen the proposed amendments. I'm reacting to the bill as introduced. I speak only for myself. The opposition comes from the incompetency to proceed measure, as well as the expansion of definitions for emergency holds. In the incompetency to proceed measure, I had a coerced place September 10th, 2001 that was coerced by a contractor for CODHS, which would now be the Behavioral Health Administration. They had been, quote, keeping the family together and the home intact, in quote, for three years while I was subjected to incest. I don't know exactly when they worked that out, but it was at least before April of 2001. They coerced a plea in order to make it go away. Fast forward to 2018. I had a rape in progress. You have been provided documentary evidence of that. In fact, you've been provided documents which prove everything I will be saying to this committee. The decision was made to make the appearance of the previous rape go away and in the process use the new rape to make it go away. I indicated that there had been a federal empirical which could be pulled on the matter. I indicated that there was evidence that the phenomenon was real. And while you were busy trying to pretend the last one didn't happen, there's an audio tape confession and the documentary evidence is before this committee. you blocked me from having access to discovery sending a single subpoena cross-examining witnesses in my own defense at the incompetency proceeding and ultimately disappeared a habeas on its way to a higher court and then denied that habeas after transport to another facility sending the denial to the original facility i was able to obtain a copy of that obtain a copy of that and appeal it and you didn't mail the appeal nor would you log the mail slot time so the appeal was considered abandoned due to administrative interference with the same after the judiciary which i believe was co-opted but it did not have been spoke politics from the bench on this very issue you cockblocked me from having a day in court and ultimately dr graham excuse me i also have supreme fossey perjury my apologies for the language um basically um threatened me in order to get a guilty plea just like last time the measure for competency to proceed as you currently run it without access
to a day in court. Thank you for your testimony. Thank you for your testimony. That currently have no other option. Thank you for your testimony. We need to move on. Questions from the committee? No questions from the committee. Okay, thank you so much for participating. We appreciate you being here today. Is there anyone else in the audience or online that would like to testify? With that, the witness phase is closed. Sponsors,
Would you like to move your amendment?
Representative Wright.
Thank you, Madam Chair. I move L-004 to House Bill 1116. Seconded by Representative Hamrick.
Please describe the amendment.
Representative Wright. So this makes the adjustments that we spoke about, just, again, providing more of that clarity and some of the more technical amendments for the inspection piece and strikes out the bulk of the bill, which did deal a little bit with competency as well as looking for some parity between how we handle emergency commitments which is what happens when someone is intoxicated versus someone when they in psychiatric distress which we weren't able to accomplish in this bill yet. Any questions on the amendment? Any objections to the amendment? Okay, with that, L-004 passes. Any additional amendments from the sponsors? Any additional amendments from the committee? Seeing that, the amendment phase is closed. Sponsors, please wrap up. Representative Wright.
Thank you, Madam Chair. I'll just say I'm going to keep working on it. There's so much to do, and as I look more and more at the statute and try to reach out to the different folks who are impacted by it, I'm seeing more and more in the confusion in the way our statute is written. I don't think that's okay. You heard a little bit about that. It's complicated. It's hard for – I'm an educated individual. I have a lot of different license in this space, and I still have to read some of these statues five, six times to understand what they are. How are we expecting consumers to be able to understand this well, let alone other providers and things like that. So I'm committed to working on this so you will see more from me and perhaps Representative Gonzalez on this in the future. Representative Gonzalez. Thank you, Madam Chair, and I'll keep it short, but again, I just need this to add clarity for some of the providers of what they need, a step in the right direction, and as my co-prime said, there is much work to be done, and I look forward to the discussions and state calling that will ensue afterwards to make sure we get this in place. And in the budget, hopefully next year we will have it in a better condition where we can have more leverage and more services and options and resources provided to us to help get us there, especially with parity. That's so important to our providers in the health care industry. Overall, go to Bill. Vote yes.
Representative Biden, would you like to move the bill?
Thank you, Madam Chair. I move House Bill 1116 to the Committee of the Whole as amended with a favorable recommendation.
Representative Bradley seconds.
Additional comments from the committee?
Representative Bradley. Thank you, Madam Chair, and thank you to the bill sponsors. Again, what I said before, I'm sorry that it had to be so heavily amended. I think it still has two really good parts in here to clarify and make sure we're following up after crises. My dentist follows up after a cavity fill. This should definitely be followed up on. I mean, these people deserve that. And to hear that women are two times more likely to be inmates with mental illness than men, we definitely need some work in this arena. So thank you, and I'm assured that you will come back next year with something different. So thanks.
Representative Bradfield. Thank you, Madam Chair. This bill has, my goodness, it has certainly changed from the first one you and I had talked about. I know that you'll come back with more next time, and I look forward to seeing that. I am a yes for today. I feel like you have taken the step in the right direction for this, and to have statute be so confusing that people don't know what to do is something that we need to take care of. Thank you.
Representative Hamrick. Thank you, Madam Chair. I concur with Rep. Bradley and Rep. Bradfield about the importance of this bill. I just want to thank you for all your hard work, and it's a step forward for a very important problem.
Okay. Representative Luck. Thank you Madam Chair I too want to add in that I think what you are trying to accomplish is noble and made nobler still by the challenge of it all As someone who walked with a family member throughout different crises like this and realizing how confused the situation is and how seemingly unaccessible, I appreciate your desire long-term to try and create something that is more holistic and sensible and not made piecemeal, but actually made with design from the beginning. And so I just want to encourage you in that, because I know that operating in any of these kind of spaces is especially difficult with all of the different voices, and so I don't want you to be discouraged in this process. I want you to know that we think that it is important work you're doing, and we thank you for it.
Wonderful. Thank you. Well, Mr. Shadun, could you please call the roll?
Representatives, we're on. Yes.
Bradfield. Yes.
Bradley. Yes.
English. Yes.
Frey. Yes.
Hamrick. Yes.
Johnson. Pass.
Luck. Yes.
McCormick. Yes.
Wrighton. Yes.
Stewart. Excuse.
Representative Johnson. Yes.
Leader. Yes.
Madam Chair. Yes.
Passes. 12 to 0 with one excuse.
You're on your way to the Committee of the Whole. Thank you. Okay, we're going to move on to 1260. Representatives Garcia and Wilford, welcome to HHS Committee. Don't be too excited. Come on, it's fun here. It's fun here. I know you too. You in English. It's been like an English leader will part day. Who would like to go first? Representative Garcia, tell us about your bill.
Thank you, Madam Chair. Good afternoon, committee. I want to just give a special shout out. It's great to see Representative Luck on this committee. and Representative Bradley. It's always great to see Rep Bradley. And Rep Barone. And Rep Johnson, although she's not here, and especially Rep Bradfield. Okay.
Back to the bill.
To the bill. And I'd love to see my colleagues on this side of the aisle, too.
Okay. It is. What is happening? We still have three more bills. Please. Let's get to it. Okay, yay.
Members of committee, Madam Chair, Representative Wilford and I are pleased to be with you this afternoon and to tell you more about House Bill 1260, why it's needed to ensure Colorado families and their kids continue to have access to quality, affordable child care through the Colorado Child Care Assistance Program, also known as CCAP. Easy access to affordable childcare is a foundational block of building Colorado's future. I hear this regularly from my constituents and I'm sure the same is for each of you. No matter which part of the state you represent, parents are running small businesses, they're working 9 to 5, 9 to 8, 10 to 4, managing overnight shifts and running between multiple part-time positions and they all need childcare. Affordable child care strengthens Colorado's economy by supporting families of all kinds to remind the workforce and providing children with the experiences they need for healthy development. But the rising cost of child care remains one of the biggest challenges that Colorado families are facing. According to a poll commissioned by Healthier Colorado last year, 72% of Coloradans think the cost of child care is unaffordable. Moreover, 65% said they do not have access to quality, affordable child care in their communities. Those numbers reflect what we all know is true. This is an issue that transcends politics. Regardless of where you live or how you vote, we need to get more parents connected to affordable, reliable, quality child care. House Bill 1260 helps bring us closer to that goal. House Bill 1260 allows Colorado Department of Early Childhood to remain flexible to the state's current budget reality and build towards a long-term funding solution for CCAP. The bill extends the implementation date of four provisions that we passed in House Bill 1223 that support child care providers and improve access to affordable quality care from August 1, 2026 to August 1, 2028. These provisions are, one, paying rates based on enrollment instead of attendance, compensating providers prospectively instead of through retroactive reimbursements, using grants or contracts to better serve certain populations, and ensuring that families spend no more than 7% of their income on child care. The bill in its current form also clarifies that no more than 5% of the funding allocated to counties for child care may be used for administrative costs. However, we have received feedback from the department and many county representatives that this may cause unintended consequences, so we'll be bringing an amendment forward later in the hearing changing this to a reporting requirement. CCAP is a proven economic tool to ensure child care isn't yet another hardship for parents. Historic underinvestments in the program, coupled with rising child care costs driven by overdue provider pay increases, quality improvements, inflation, workforce challenges, and the goal of providing CCAP families with equitable access to child care comparable to the private pay market are placing the program under significant budget pressure. That is why we need you to support House Bill 1260 today. Data from Ready Nation, an initiative by the Institute for Child Success, shows that failing to adequately support our already fragile child care infrastructure has caused growing economic harm to employers, workers, and taxpayers. And without action, we do ongoing harm to Colorado's economy. Without a strong and stable system of child care, our families cannot support themselves and our workforce cannot meet the needs of our business. And finally, research has shown time and time again that connecting kids to high-quality child care has lasting benefits that follow them into adulthood. Numerous studies show that children who enter care programs earlier and for longer demonstrate stronger academic performance, language skills, social-emotional intelligence, and health outcomes when compared to kids who do not attend child care programs. Before handing things over to Ruck Wilford, I want to share my own experiences with the child care field. Some of you may know that my job outside the Capitol is leading the Colorado Statewide Parent Coalition, a nonprofit organization that supports informal child care providers. The family members, friends, and neighbors who take care of our kids while their parents are at work. And I seen firsthand how the lives of both children and parents are transformed when they are connected to quality dependable child care and how integral our society child care providers truly are Thank you for your time, and I'll hand it over to my co-prime.
Representative Watford.
Thank you very much, Madam Chair. And thank you, Representative Garcia. It's an honor to sponsor this bill with you. As legislators and for many of us as parents, we experience this reality daily. Child care affords us the opportunity to come to the Capitol and do work that we believe in on behalf of our communities. Members, this bill is so important. For all of the reasons that Representative Garcia talked about and for all the reasons I want to share with you now, for me, this bill is about economic stability for families, healthy development for young children, supporting our child care providers across the state, and ultimately building stronger supportive communities. Working Colorado families are the backbone of our economy and this would not be possible without a stable affordable system of child care providers that parents can count on. Unfortunately for too many families in all of our districts the high costs of child care are forcing families to live under constant financial strain. This means families are forgoing medical care, cutting back on groceries, not enrolling their kids in enrichment opportunities like sports or summer camp, or not making utility payments on time. When parents cannot access dependable, affordable child care, it impacts their work. Many parents have stated that they've had to cut back hours on work, use sick time, left a job, or even put off getting a new job due to the lack of child care. Let's be clear, though. CCAP is not a handout program. It's a lifeline for thousands of parents who are trying to go to work, continue their education, and further their skills to improve the lives and futures of their kids. CCAP helps families achieve more economic stability, all while giving kids who come from low-income households a chance to access quality care so their futures are as bright as their peers who come from higher-income families. When families do well, our communities thrive and our state prospers. This goes to show why House Bill 1260 is needed now. We can't afford any more disruptions to the program that have had a ripple effect on our economy and our community's well-being. Parents deserve every chance to succeed in the workforce, go to school to advance their career, or look for a job while also having the peace of mind of having access to affordable child care. We cannot afford continued disruptions to CCAP, which is why I urge you to support House Bill 1260. All kids deserve the best shot they can get in life, and that starts with early access to child care. The better foundation our kids get when they're young, the better off we will all be in the future. Thank you for your consideration.
Thank you. Sponsors, questions for the sponsors.
Representative Luck. Thank you, Madam Chair. And ladies, forgive me because I am new to this committee and didn't get a chance to thoroughly review this before, but your effective date, you have a safety clause, but your effective date is August 1st, 2026 and all of these other changes. And I just want to make sure that there's nothing that people would have to prepare in advance such that the changes in here would not actually be handling that.
Representative Garcia.
Thank you very much for the question, Representative. The reason why we have a safety clause is because particularly the section that requires the co the 7 co we delaying that because it actually does go into effect If we don delay it it goes into effect this August and it will cost the state money that we don have And so that is why we do need to have the safety clause in there so it goes into effect right away and gets pushed out. And really quick, the other parts of this bill, there hasn't actually been movement towards the implementation of these other provisions. There's nothing that the providers have to take back, if that makes sense.
Representative Locke. Thank you, Madam Chair. I'm still confused. So the safety clause, I'm not having an issue with. I think that that is a relevant thing in this particular instance. What I'm having an impact, like what I'm trying to reconcile is why the effective date, as opposed to just allowing. because on page four, section three is the effective date and says this act takes effect August 1st, 2026. And then you have a safety clause, which says that this whole thing comes into effect right now. Well, assuming right when the pen drops on the governor's desk. And so I'm just trying to understand why the effective date is as it is and why, since the date you are changing is August 1, 2026, if that puts anything into a flux position because it won't actually come into effect until the date at which these things are already supposed to be happening.
Representative Garcia. So this original effective date that we're striking, August 1, 2026, is what was written into House Bill 24, 1223 that set the implementation of these provisions that they have to start on August 1 of 2026. So, the Department of Early Childhood submitted a waiver to our federal administration and received the waiver was granted that allows them two additional years before they have to actually start implementing these. And so the reason essentially that we are moving this implementation date to August 1, 2028 is to match that waiver on the first three provisions. And then also the copay provision is also just for the sake of the funds and to match this new model of best practices for early childhood. I don't believe that we would have any sort of influx by having this implementation of shifting the dates, challenging the actual implementation of when these policies should take effect.
Representative Bradfield. Thank you, Madam Chair. Okay, there's one of the things is that it says in the bill that child care assistance to income eligible family through county administered block grants. Where's the money coming from?
Representative Wilford.
Thank you very much, Madam Chair, and thank you for the question, Representative Bradfield. Those community development block grants come from the federal government.
Additional questions from the committee?
Representative Bradley. Thank you, Madam Chair. Two questions. More about the fraud aspect, because in Smart Act hearings, there was some questions from Senator Bright about the fraud in CCAP. My question, I guess, 7% of family income, a lot of people have a cash-based income, so I'm wondering how we attain for that. And then my second question would be I get very sensitive because Medicaid the disenrollment after the COVID ARPA funds ran out meant that a lot of people lost their assistance And so for this, how is CCAP, how are we making sure that it's a swing, not a hammock? How are we making sure that it's not a dependency tool versus something that people need right away and making sure that there is a lack of fraud in the system? Because it's a very important system for people that need this. so how are we getting rid of fraud and then what are we doing about people that maybe have a cash-based income?
Representative Garcia. What I will first say about the fraud and I know that we'll have representation from CDET who can also talk about that but what I will say is that Colorado's monitoring of how the funds are spent actually goes above and beyond the requirements of the federal government. We collect more information than we are required to do so as a state And so I think that that's intentional to make sure that we are good stewards of the money that taxpayers trust us with. As far as how can CCAP serve as a support system, when families have CCAP, they also have either a work or a study requirement. And so they have to be working or they have to be studying or they have to be undergoing treatment of some sort so that they can get back into society. And that is essentially this is a step for families to be able to get that job, to be able to show that they can get that promotion, to be able to continue to climb out of poverty. if we what we have seen with the freezes across the across the state with ccap is families are having to make really difficult decisions when they're not benefiting from ccap on or is one of the one of the parents if they're in a two-parent household having to quit their job are they having to pull their kids out of the center that they've had their kid in for the last two or three years and so there's a lot of um a lot of heartache and challenges that families have to overcome when ccap is not available.
Any additional questions from the committee? Seeing none, we can't.
Oh, sorry, Representative Frey. Thank you. In your fiscal or in your fact sheet, you said that you're removing a provision with your amendment around the 5% administrative. Do you know what the average administrative cost typically is for child care providers? If we're trying to cap it at 5, is there data that you found out about it being 10, 15, 20.
Representative Garcia. The 5% admin cost is to the counties that implement CCAP. It's not to the centers. We already know, we can say with centers, child care centers and those that run child care centers are really incredible selfless godsends because they have a margin that can be from 0 to 2% of profit. So we know that they're not the ones that are overspending on admin. But also just to touch really quick on that piece, even though it's not exactly what you asked. We do know across the state, depending on the county size, some tiny, small counties will actually end up spending close to 40% in admin because they only have like one staff member. And that one staff member salary to implement the program for the whole county is like the cost. That's the admin cost. But then you have a county like Denver that's massive, that they have a lot more families. They don't need to spend that much on admin, but maybe they are overspending and they need to be kind of reined in.
Any additional questions? Okay. Thank you, sponsors. We'll move to witness testimony. Let's see. We're going to bring up Sarah Dawson, Christina Walker, Pamela Harris, and Alethea Gomez. Okay, we'll start from my left to the right. If you can introduce yourself, the organization you represent, and you have two minutes. And the button is right next to the plug. It's a tiny little gray button. There you go. Great. Good afternoon, Madam Chair and members of the committee.
I am Pamela Harris. I'm the president of Mile High Early Learning. We are the largest provider of families accessing CCAP in Denver County. We serve over 600 families at our centers and through child care partner sites, and I'm testifying in support of House Bill 1260. The provisions that are outlined in this bill reflect standard practices that are used in private child care programs and will make child care more affordable for families by limiting that parent co-pay to 7%. For our families, 95% of them live at or below federal poverty guidelines, and today they may be paying up to 14% of their household income, a significant expense. These provisions will also stabilize and sustain child care industry by paying child care providers prospectively, and that will give us some financial predictability. Currently, we receive CCAP payments two to three weeks after providing child care. And by providing, excuse me, paying providers based on enrollment rather than attendance, that will help us to pay our early childhood teachers a living wage. Right now, counties are only required to pay for three absences, and our costs continue even when a child is absent. And we'll also improve access to child care for underserved communities. So my hope is that we actually would be implementing these critical policies as soon as possible. However, understanding the state's budget crisis, I am in support of the two-year delay, but I want to be clear that my support does not come lightly or easily. Since the CCAP freeze last year, we are serving 40 fewer children, mostly infants and toddlers. We've closed two centers, and our CCAP reimbursement has decreased by $500,000. Thank you so much for your testimony.
We'll move on to Ms. Dawson. Thank you, Madam Chair, and thank you, members of the committee.
My name is Sarah Dawson, and I am the Director of the Colorado Child Care Assistance Program, or CCAP, for the Department of Early Childhood. And I'm here on behalf of the department to testify and amend position on House Bill 26-1260. The department does support the first provision in the bill, which, as you heard, moves out the implementation date for several of these policies to 2028, which aligns with the federal waiver that the department did receive. Those policies are paying based on enrollment, prospectively, capping the copayment at 7 percent and using grants and contracts to serve certain populations. THE DEPARTMENT IS REQUESTING THE AMENDMENTS TO REMOVE THE SECOND COMPONENT OF THE BILL WHICH IS THE COUNTY ADMINISTRATIVE CAP AT 5 AND THE DEPARTMENT DOES BELIEVE THAT THE AMENDMENT THAT WILL BE INTRODUCED LATER TODAY WILL RESOLVE OUR CONCERNS ALSO HAPPY TO ANSWER ANY TECHNICAL QUESTIONS cap at five percent and the department does believe that the amendment that will be introduced later today will resolve our concerns Also happy to answer any technical questions if needed from the department as well. Thank you so much. Thank you. Ms. Walker. Good afternoon, Madam Chair and
members of the committee. My name is Christina Walker. I'm the Senior Director of Policy at
Healthier Colorado. Thanks for the opportunity to speak in support of House Bill 1260. CCAP is a lifeline for families with children. It allows parents to go to work or school and gives children the experiences they need for their healthy development. In fiscal year 24-25, CCAP served 27,598 children in over 18,000 families across all 64 Colorado's counties. This represents 11% of the potentially eligible population. As of March of this year, 20 counties are on a freeze and 6 counties are on wait lists. given the lack of funding available to serve all additional children. While the policies that are being delayed in this bill did not cause the current financial strain in the CCAP program, if they were to be implemented at this time, they would only exacerbate the freezes in the waitlist issue, causing more strain on child care providers. These policies are really best practices in the field, which you heard from Ms. Harris, and when implemented, they will better support low-income families in their goals to achieve economic stability while supporting providers with payment practices that reflect what they utilize for private pay families. Delaying implementation of these policies allows us to be responsive to the state's current financial situation while working towards long-term sustainability in the program. Finally, this bill through the amendment that will be brought forward shortly will require CDEC and the counties to provide data regarding how much they're spending on administrative expenses, non-direct services, as well as spending on direct services. We believe that this data reporting requirement will help support transparency in the program while also equipping the legislature and the JBC with the data that they will need to make informed decisions into the future. Creating a child care system that meets the needs of parents at all income levels is good for kids, parents, and employers. As a working mom, I urge you to support House Bill 1260. Thank you for your time. I'm happy to answer any questions.
Thank you for your testimony. We'll move online to Alathena Gomez.
Thank you, Madam Chair and members of the committee. My name is Alethea Gomez, and I'm the Colorado Executive Director of Executives Partnering to Invest in Children, also known as EPIC. We are the Colorado Business Community's voice for early childhood care and education. Our membership exists of over 70 business executives, and we believe that what's good for children is good for business and significantly impacts the economic growth and well-being of Colorado. I'm here today to share our support for House Bill 1260, which delays the implementation requirements of four important CCAP policies. We're supportive of the four policies required by House Bill 24-12-23. These policies will support affordability for families by capping co-pays, and they will also support the sustainability of child care businesses by paying in advance based on enrollment rather than attendance. In addition, they will increase access to care by using contracts to support high-needs populations. All of these things are important for shoring up our struggling child care system in Colorado and addressing true needs of families and providers. We see this bill as a technical cleanup. House Bill 24-12-23 was drafted to align with federal rules that make the same requirements. The Department of Early Childhood was granted authorization by the federal government to delay implementation until 2028. And this bill aligns implementation with that date. Given the budget reality that we facing in Colorado right now as many others have said today in testimony delayed implementation gives us a pragmatic way to keep these important policies in statute and provide improved supports for child care providers and families through CCAP I ask for your yes vote today. Thank you, and I'm available for any questions.
Thank you so much for your testimony. Questions for this panel? Representative Bradley.
Thank you, Madam Chair. Ms. Harris, I was diligently writing, serving 40 fewer children in closed two centers and?
Ms. Harris.
Thank you, Madam Chair. Thank you for the question, Rep. Bradley. We've lost $500,000 to date and anticipate another $500,000 loss by the end of the year.
Additional questions for the panel? Representative Bradley.
Thank you, Mrs. Harris. $500,000 lost and an additional $500,000 loss, which will mean how many more families will you not be able to serve?
Ms. Harris.
Thank you, Madam Chair. Thank you for the question, Rep. Bradley. We are working diligently to find other funding sources, and we have closed. One center we had determined to close in the coming year, but when our families and staff learned of that, they left early. But we were able to put all of those families and staff in other centers or partner sites.
Representative Bradley. Thank you. Thank you for those clarifying answers. To the department, do you feel like the reporting requirements are enough? I get that some counties have to spend 40,000, or sorry, 40% of the money allocated to counties. Others can do 5%, but the ones that are frivolously spending are reporting requirements enough?
Ms. Duff.
Thank you Madam Chair and thank you Representative Bradley for the question The department is in support of the reporting requirements and are happy to see the amendment come forward
Additional questions from the committee? Seeing none, thank you all so much for your testimony We appreciate you being here today Sponsors, would you like to come back up? Oh, I'm sorry, let's just do one more call in case there's anybody in the room or online that would like to testify Okay, seeing now the witness stage is closed. Okay, sponsors, you have an amendment. Who would like to... Vice Chair Leader.
I move L-0... Where did it go? I filed it. L-001 to House Bill 1260.
Second.
Representative Johnson, second.
Representative Wilford, would you like to explain the amendment?
Yes, I would be happy to. Thank you, Madam Chair. All right, so in Amendment L-001, Lines 1 through 2, it strikes the requirement the funding is allocated by the state's allocation committee to each county.
Okay, fine.
I'm going to stop reading this thing. It basically strikes the 5% requirement to each county and instead says that counties have to report how much of their administrative costs are and how they're spending those administrative costs. And this directly comes from conversations that we've had with counties, including Representative Garcia and I's county ourselves, So it responsive to that And then secondly that it That it Wonderful Any questions about the amendment
Any objections to the amendment? Okay. Seeing none, amendment L-0-1 passes. Additional amendments from sponsors? Any additional amendments from sponsors? No. Additional amendments from the committee? Seeing none, the amendment phase is closed. Sponsors, would you like to wrap up? Representative Garcia.
Thank you, Madam Chair, members of the committee. Thank you to all of the groups that we were working with to get this through, to the department, to everyone who's engaged in this bill. I know that one of the sentiments that I have is that this is not actually a bill that I would like to be bringing. I don't want to bring a bill that delays implementation of best practice. Unfortunately, because of our situation, because of our structural deficit, we have to. because what we don't want is to plunge us further into a space where we're not going to be able to make these policies sustainable. So it is, to be honest, it is with reluctance that I ask you all to please vote yes on 1260 so that we can keep these best practices in statute and implement them later.
Representative Wolfe.
Thank you very much, Madam Chair and committee, for your attention. I share Representative Garcia's perspective and sentiments around the bill. In fact, she came to me earlier in the session and was like, we have to do this thing. We have to delay the implementation. I was like, no, I don't actually want to do that. But the reality is if we don't pass this bill, then the August deadline stays in place, which means that we'll be able to serve fewer families with the existing requirements. And so that's ultimately one of the many reasons that we're pushing them out. I think this is a reasonable and responsible approach, and very much ask for your yes vote tonight.
Thank you, sponsors. Vice Chair Leader, would you like to move the bill, please?
I move House Bill 261260 as amended to the Committee on Appropriations.
Second.
Representative Johnson seconds.
Closing comments from the committee? Seeing none, we will, Mr. Chudum, please call the roll.
Representative Verón.
Yes.
Bradfield.
Yes.
Bradley.
Yes.
English. Excuse. Frey. Representative Frey. Excuse. Hamrick. Regrabble, yes. Johnson. Yes. Luck. Yes. McCormick. Yes.
Wrighton. Yes. Stewart. Yes. Leader. Yes. Madam Chair. Yes. Passes 11 to 0 with 2. Excuse. You're on your way to the committee
on appropriations. Thanks for visiting today. The Health and Human Services Committee will go into a brief recess. Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. The Health and Human Services Committee will come back to order. Okay. A quick announcement. We are going to lay over House Bill 26-12-60, updates to child... Oh, I'm sorry. House Bill 261092, Licensed Midwife Public Health Facility Privileges to a Later Date. Okay. Do I need to bang? Okay. With that, we will move on to House Bill 261235. Representative Array. It's true. The health committee will go into a brief recess. The health committee will come back to order. Representative Ray, would you like to come to the front and present your bill?
Okay.
Representative Furray.
Thank you, Madam Chair. Appreciate the brief recess. So updates to Medicaid part two. This is from last year, as you recall or maybe don't, I ran an Updates to Medicaid. It was a super broad title, and it was a lot of little things that we were building on to just improve Medicaid for providers and for members. And so this is my attempt at my second year of trying to tackle some of those issues within Medicaid and some of the complexities of that So just to break it down we have about seven topics on this bill The first one is around non medical transport We heard a lot of stories about some abuse, some fraud, some inappropriate coding, and so this is just providing some transparencies with the legislature about this non-emergency medical transport. I have not heard any negative feedback on that one. So, yay. Section two, multiple procedure payment reduction. And hopefully you all have this packet and it helps kind of break it down. I know some of this is kind of complex. The section two is multiple procedure payment reductions. So last year it was approached to the JBC to maybe reduce those multiple payments. So if you go to a doctor and they do four different things, they charge that code for those individual things. Hospitals have a different coding system, but this was trying to protect the providers so they can get reimbursed for the care that they're doing per code. The amendment that I will bring will soften this from you cannot do multiple procedure payment reductions to if you are going to, you need to provide a six-month heads-up to the providers. Section three, it's just matching federal language. So when federal statute changes, sometimes we have to update our statute. And we added the amendment to trigger that it will be repealed when the federal government repeals it. Section four is the review of provider rates. Sometimes state or federal provider rates and advisory boards review provider rates. And so we want to remove that duplication. And that's what that section is doing. Reimbursement in jail settings. opioid treatment program was the language in this section and we are changing that because it's outdated to make it broader for opioid providers in jail settings specifically the direct cost disclosure so that requires hdbs this is the i will fully disclose the most discussed topic of the bill and i've had conversations with you all about it this originally was saying that Medicaid agencies need to submit their medical loss ratio. We had an amendment, and you'll see that that's the third amendment. It's the beefier one. And there's a couple of changes in that. One, it changes the wording from medical loss ratio to direct care service cost. It changes the reporting from annual to just one time. It applies to agencies that are 100 Medicaid members or more instead of 30, which helps bring the fiscal note down to zero as it's a one-time reporting. Additionally, it was removed to have public-facing data. So this data that we collect will be for informational purposes for the legislature. They won't be posting that on any website, so that addressed that concern. And then lastly, repeal state medical assistance services. This is probably the longest I've talked in one sitting, so I will stop and pause. I'm sure there are some questions on this. It is super complex. I just want to share that of the concerns that were brought on Section 6, that ratio. The intent there is that when we were, and I know all of you on health had got those emails too, when we were talking about budget cuts and HICPF, some of the concerns that were flagged by caregivers was that they didn't feel like they were getting reimbursed properly and they felt like the agencies, for better or for worse, had been taking too much money, too much of a cut in terms of administrative and overhead. Whether that's true or not, we don't know. And that is the intention of that section. We would like to at least just a one-time time review of this data for our informational purposes to see, is this true, is it not, and make informed decisions and policies on that. So this is something I've been talking about with the JVC and HICPF. So I understand if some agencies don't want to share that data, don't want to do that reporting, and that's fair. But it's also fair for us to have some transparency in our Medicaid spending. So with that, I'll stop talking and open up for questions.
Thank you. Questions for the sponsor. Representative McCormick.
Thank you, Madam Chair. Thank you, Representative Frey. Could you tell us a little bit more about why and what exactly the JBC is intending here? Just a little history on whatever their discussions have been in this space and if they were to have this data, how would that help them or us in the future. Representative Frey. Thank you, Madam Chair. In conversations with
some of the JVC members, I had flagged that this is a theme that I'm seeing in some of the constituent outreach and emails. They agreed that they saw that too, but they didn't have data to say, are the overhead costs actually 40 to 60 percent? Is that reasonable? I asked HICPF, do you have that data? They didn't have data to really showcase that ratio of direct care costs and overhead administrative costs. If we are able to have that one-time collection, we can see what the trends are. Is it across the agency sectors that we have 40 or 60 percent overhead costs or not? And that helps us to, one, talk to the constituents and say, no, this is actually not the case. Or, yes, this is the case. We should explore it more and have conversations of why there's overhead. In conversations in stakeholder with the agencies, they report that there is a lot of administrative burden and regulation that is causing and driving some of that overhead costs. And I had shared that maybe that's something we need to do next session is cut some of those overly burdensome regulations that are driving up costs. So this data will help further that conversation for the providers as well as ourselves. Additional questions for McBitty.
Representative Hamerick.
Got your paper? Yeah. All right. Thank you, Madam Chair. Thank you, Rep. Farre. Just some questions from, there's some home health care providers, some on the Western Open have a few questions, so I'm just going to ask the questions just to get some clarification. And I believe it's on Amendment 3. First of all, how do HCBS providers currently track their financial data in the cost categories required by this bill?
Thank you, Madam Chair.
Representative Frey. Thank you, Madam Chair. I believe these metrics are able to be tracked and reported as they're common metrics, so things like workforce compensation, overtime, payroll taxes, bonuses, incentive payments. This feels like common payroll and accounting data and metrics that you can pull. in conversation with the agencies they had shared, you know, this will be really hard to do. I've reached out to the chamber, talked with them. I've reached out to some businesses and asked kind of those concerns. That being said, if there are specific data points that are just too far, we can have that conversation and strike some of those. But at this time, in the compromise, this feels like a fair amount of reporting.
Rep. Sam Famer.
Great. And then another question, what would it cost agencies to rebuild their accounting systems to comply?
Representative Frey.
Representative Frey. The amendment that we have brought I think it a L004 maybe it was the long one it changes it from annual reporting to that one reporting So there shouldn be a need to rebuild accounting systems But again, in my conversations with business and chambers asking around payroll and accounting and data points that I specifically shared with them, they felt that there wouldn't be a need for accounting changes. So I could see that being a concern in terms of staff time, but I don't think technical system changes would be necessary.
Representative Hayward.
Thank you. Has the department conducted any analysis of the administrative burden this reporting requirement will impose on providers?
Representative Frey.
Thank you, Madam Chair. In terms of administrative burden, we did discuss that, and that is why we brought that amendment to change from annual reporting to a one-time reporting. Additionally, we had the threshold of if you are an agency serving 30 or more, you need to report. We tripled that number to make that a little bit of a carve-out for the smaller agencies that are already a bit underwater. And so now it's over 100 members. That, to me, felt like a fair compromise from an annual reporting to one time and then tripling that threshold.
Representative McCormick.
And last one. Colorado already collects. Sorry, Representative Hamrick, not McCormick. I apologize.
And then we will move to Representative McCormick.
Colorado already collects caregiver wage data through the base wage reporting system. What is a new financial reporting system? Why is it necessary?
Representative Frey.
Thank you. Appreciate the interrogation. I think these are actually really good questions. And I'm also very excited that people care enough about this bill because it's very nerdy for me, but I love it. Base wage is reporting. What we are looking for is the difference. So this is not the same reporting system and metrics. This is saying what is the cost difference here? And that's kind of the fundamental change here.
Additional questions from the committee.
I actually have just a follow-up to the base wage. So you're saying that the direct care worker base wage is different than what you're asking for. There's not duplication, and it's actually what you're looking for. you're looking for that additional information. Representative Frey.
Thank you, Madam Chair. There is data around base wages, but what we don't have is kind of
the overhead administrative costs that we really want to dig into so we can get that comparison. So that's kind of the build upon the base wage. Thank you. And then what is sort of, we've been hearing that this is sort of proprietary information. What is sort of your response to that. Thank you. That was flagged. And I don't know if that's true or not, but I respect that. And so part of L-004 amendment takes out the public facing information. HICPF is not going to be putting that on their website. This is for internal legislative information. Hopefully that helps tackle the issue. And I had just shared with that with the lobby that that was kind of a last minute ad, just, you know, if that is a concern, I don't know legal proprietary knowledge, so I just wanted to be safe and pulled that out. Thank you. Yes.
Okay. Seeing no additional questions, thank you, Representative Frey. We'll move on to witness testimony. Let's start. We have one panel. We'll do everyone together. So Eliza Schultz, Kristen Bates, Ellen Jensby, and then Kara Chevers, and then we have Candice Bailey and Rain Henry from HICPA for Questions Only. I think a bunch of people bailed so we might be Okay we start from my left to my right If you could introduce yourself, the organization you represent. You have two minutes.
Thank you very much, Madam Chair, members of the committee. Thank you for the opportunity to testify today. My name is Kristen Bates. I'm the Deputy Medicaid Director at the Department of Healthcare Policy and Financing, and I'm here on behalf of the department to testify in an amend position for this bill. This bill contains several provisions that HICPF has brought to sponsor as a part of our legislative agenda for the year. That includes Sections 4, 5, and 7. Those reflect our HICPF priorities, and we're very grateful to the sponsors for carrying them. Section 4 supports more streamlined rate review. For the rates that are subject to federally mandated reviews, Section 5 makes necessary amendments and adjustments to allow additional provider types to be able to be paid for Medicaid-assisted treatment in jails. This supports the department's 1115 waiver, improves access to care, and helps counties with reimbursement for inmate health services. Section 7 puts us all in compliance with federal rules around our advisory committee. to be clear, the committee is not going away. It will continue to run as usual. And then we wanted to flag the two areas of amendments. Section 2 is where HICPF appreciates the amendments in Section 2. The revised language removes the outright prohibition on these multiple procedure payment reductions and compounding billing methodology restriction, which created some direct conflicts with our Medicaid policy and specifically that outpatient hospital methodology. In their place, the amendment requires HICPUFs to still provide advance notice to impact providers, allow a minimum of six months before implementing any multiple procedure payment reduction for outpatient services, and we believe that's the approach to balance provider predictability, which is very important, as well as the department's need to manage costs. And then with Section 6, HICPUF is supportive of Section 6 as amended, moving it from medical loss ratio to direct care service cost ratio. So part of this is that the term is from health insurance and it just didn't translate cleanly to the home and community-based services space. This also makes it, as Representative said, a one-time data collection instead of ongoing, limits reporting to agencies serving more than 100 Medicaid members, and requires aggregate rather than individual agency reporting.
Thank you. Perfect timing. Thank you so much for your testimony. Ms. Schultz.
Hello, members of the committee. Eliza Schultz. Today I am representing the Home Care and Hospice Association of Colorado, and we are opposed to the bill. I know there's a lot of good stuff in here. We are going to specifically talk about Section 6, which is the Home and Community-Based Services one. I first want to thank the sponsor for continuing dialogue and working with us. I do think that we can get there. I don't think we're there yet. So a couple of things. As one of the witnesses mentioned earlier, medical loss ratio was the terminology used. That's not appropriate for HCBS. It just doesn't fit. However, this section is still in the managed care section of statute. And so none of the definitions for home and community services actually translate over into this section, which causes a lot of confusion about what providers and services are in and what providers and services are out. so we also want to just highlight that there is base wage reporting for home and community services There also a number of other questions If you go to base wage reporting HICPUF you can pull up a report that talks about insurance that is offered to employees and all sorts of other things And it is an ongoing thing. I think there's three years of reporting on that website already, so you can see trends. That's one of the, I think, shortcomings of this section is that it is one time. It will be administratively burdened. And then what do we do from there? Because we aren't quite sure what services are included, it could be adult day. It could be consumer directed. It could be traditional agency model. It could be IDD. And comparing those across for what their admin or cost or spend is, they're all so different care delivery models. I think it's just a little too broad. and would like to see that narrowed a little bit more. For home care, we only employ W-2 workers. It's against federal law for us to do 1099 workers. So the cost of employing workers, there is a cost associated with that. Thank you.
Thank you so much for your testimony. We'll move on to Ellen Jensby.
Thank you, Madam Chair. Good evening to members of the committee. My name is Ellen Jensby. I'm the Public Policy Director for Alliance, whose membership includes service providers for people with intellectual and developmental disabilities. Today, I'll focus on Section 6. While Amendment 3 is a significant improvement, we still have concerns and recommend additional adjustments. First, discussions about administrative costs often suggest that only direct care expenses are desirable while administrative costs are wasteful. In reality, delivering high-quality HCBS requires extensive training, compliance, and oversight. These administrative functions support safety, quality, and accountability and directly affect the people served. Second, these discussions often assume that providers are responsible for low wages without acknowledging that Medicaid rates have not kept pace with inflation and rising costs for many years. Third, increasing regulatory and reporting requirements are themselves a major driver of administrative costs. New reporting requirements like those proposed here add administrative burden while reinforcing the narrative that administrative spending is problematic. We also have questions about what this section is intended to measure. If, as the sponsor mentioned, the goal is to understand the percentage retained by agencies in contractor arrangements, the bill will not capture that information. It also fails to capture program costs outside of compensation, and for agencies with mixed revenue sources, isolating Medicaid-only costs and wages would significantly burden them. Colorado already has strong wage protections when combined with workforce competition, these policies ensure that the vast majority of reimbursement goes to direct services. For example, when considering Denver rates and minimum wage plus associated payroll taxes, at least 73% and 77% of every dollar paid for personal care and homemaker, respectively, goes to the caregiver today. Finally, this reporting will not offer a clear and comparable picture across providers. Administrative ratios vary widely depending on service mix, frequency, agency size, and other factors. In closing, we are concerned about the precedent of adding administrative burdens when rates are expected to be cut. If the bill moves forward today, we'll work with the sponsors to address our concerns. Thank you. Thank you for
your testimony. We'll move on to Rain Henry. Thank you, Madam Chair. I'm actually here for
questions only. No problem. Can you just introduce yourself and the agency that you represent? Bye. Yeah, absolutely. My name is Raina Henry. I'm a hospital and specialty care section manager for the Department of Health Care Policy and Financing. And I have some background here in the medical procedure payment reduction area, so I'm here to answer questions if necessary.
Thank you so much. Questions from the committee. Representative Hamrick.
Thanks, Madam Chair. I have two sort of question points. First, Ms. Schultz, go ahead and finish your comments.
Ms. Schultz.
Thank you, Madam Chair. Thank you, Representative Hamrick. I think there are a lot of things in home care to deliver quality care. And the patient is first and foremost in that discussion. So I want to just list a couple of things that are not included in the contemplation of overhead. And we've had these conversations that overhead implies bad. But there are a lot of reasons why an agency might have high overhead. and that might be better quality care. So a couple of, I have made a list of things that just came to mind that are not covered in here is unemployment insurance, because remember all of our workers are W-2, workers' comp, liability insurance, criminal background checks, adult protective services checks, workstation fees. Home care can't be outside of a certain radius to provide care to their clients. So you have to have a workstation within so many miles of every house. You have to have your gerographic service area assurance. So you have to duplicate everything for backup care because you can't have someone in their home go without. It's not like an inpatient setting where you have a floor and you have staff and you can kind of triage. You have to make sure that that person goes to your home. So we really have to duplicate almost every service. We have really strict timelines in our rules about record retention and production. We have to provide the state any records they request within 30 minutes. That's in our rules. We have to provide the patient any records they request within two hours, so that's a violation of our license. We also have to do in-person supervisory visits every 90 days. Sometimes those can be done via telehealth, but typically not. And so that supervision of those direct care workers is a cost, and it is hard to reflect these quality measures in a report that is designed to say, what is the worker taking home in wages and everything else? Thank you, Madam Chair.
This question is for Ms. Bailey. The Joint Budget Committee voted to begin putting caps on HCBS services. Additionally, the JBC is also contemplating provider rate cuts. How do the HCBS reporting requirements in this bill fit in with all of those changes? Ms. Bailey.
Thank you very much, Madam Chair. Thank you, Representative Hamrick. Really, I think what we've heard very clearly from JBC is right now our Medicaid budget needs to be very closely watched. We need as much information as possible to make data-driven decisions. We need to understand where our Medicaid dollars are going. This is the main conversation we're having with our federal partners, with our state partners, with our community partners on both sides of the aisle. I think that we heard a lot of questions about how do we know when Medicaid dollars are going out the door How do we know where they going and who are they going to and what are they for So I think that this is part of a lot of our transparency efforts where we're trying to make sure we have information and data that helps us make better decisions and also monitor where there are potential changes that need to be made.
Representative McCormick. Thank you, Madam Chair. I wanted to ask Ms. Bates. I think it might be you. The way that HICPF does set its rates, is there some transparency on how that is done and how the providers and the case management agencies are involved in that rate setting? Do we have some window into how that is done? Ms. Bates.
Yes, thank you for the question, Madam Chair. So there's a lot of ways that we set rates in Medicaid. One of them is through our IMPRAC committee, which is the Medicaid provider rates and review advisory committee. My apologies. Thank you so much, Liza. So, yes, there are public ways that we do this. We also have a lot of rules from CMS on how we have to set rates. So rate setting is not just the choice of every Medicaid agency and the providers. it's a mix of information that you get from the way that other people are paying actuarial independent actuaries also give us information so there's a lot of ways that we get information from the public but we have to balance that with other factual data a lot of it also is connected to Medicare rates as well. Representative Johnson
Thank you Madam Chair. Going back to the first section for the non-emergency medical transport and this question is for HICPF I know you guys were in discussion on reformulating which providers you choose I know that's put my rural areas in a lot of anxiety because we're going to lose what works for us for the betterment of what urban folks want curious where that discussion is because the way that this is presented with section 1 would be good for rural but I'm just curious where you all are in those debates for ENMT Ms. Bates
Thank you Madam Chair, thank you Representative Johnson Unfortunately, I'm not prepared on the process to share that information. I just didn't have it prepared. We are happy to follow up with you. So Rain and our friends who are listening, please make sure that we follow up with Representative Johnson on where we are in the NEMT process and the needs of our urban and rural partners.
Representative Brown. Yes, thank you, Madam Chair. This is a question for Ms. Schultz. As a business owner myself, what can these services, what can the cost to employers be?
Ms. Holtz. Thank you, Madam Chair. Thank you so much for the question. Based on what I've heard from my folks is the way the amendment is constructed would be really difficult for reporting. We don't track the actual funds, how they come in associated with this. and you heard from a witness today that someone with a mixed payer model, we don't say that Eliza Home Care Agency is being reimbursed for care for Ms. Bates, and therefore the worker for Ms. Bates gets a portion of that reimbursement. And so some of this would be really difficult for us to tease out. And I think a question for you all as policymakers is, is the juice worth the squeeze for a one-time report that doesn't reflect, in our point of view, a lot of what goes into providing quality care and then also the administrative cost of doing the actual reporting Representative Brown Thank you for that answer
Can you specify what services might be included in Section 6? Ms. Schultz.
Thank you, Madam Chair. I think that's a great question. So because of the way it's constructed under the managed care, it's unclear. there were some conversations about it would be the base wage reporting entities. And I went to HICPF's website, and this is the list. It's adult day, alternative care facilities, community connector, consumer-directed attendant support services, foster care home, which is the children's habilitative residential program waiver, group home habilitation, group residential support services, homemaker, homemaker enhanced, host home, in-home support services, individual resident support services, job coaching, job development, mental health, transitional living homes, mentorship, pediatric, personal care, personal care, pre-vocational services, respite, specialized habilitation, supportive community connections, and supportive living programs. So I think it, again, I think it's very broad right now, and I think it would be difficult to compare these programs because the delivery model is so different if someone is going to a facility or it's residential versus in-community. And I think it would be probably a good step to narrow it to what exactly are we trying to target.
Representative Batley. Thank you, Madam Chair. My question is for HICPF. I think I'm trying to figure out this section one for requiring all of these different number of rides, total number of requests. I get what we're trying to do. I mean, we've all seen the news, 25 million in ride share fraud. So why not go after just the bad actors that were responsible for the fraud versus make every NEMT provider report on these requirements? Ms. Bates.
Thank you, Madam Chair. Thank you, Representative Bradley. I think that the way that you find out if somebody has committed fraud is that you look at everybody. You can't know if somebody's committed fraud until you investigate them and review their information. So there's no way. For those who have a past of committing fraud, absolutely we can keep looking at that. State monitors are looking at that. Our federal partners are looking at that. But we have to continue to monitor these providers to make sure that there aren't others. So I think that that's important to recognize that that's what oversight entails.
Representative Bradley. Thank you. And that's kind of what I was wondering. So right now, does HICPAF not have really any reporting requirements? And we're $25 million in debt, and now we're kind of backtracking, like, we need to take a closer look at this?
Ms. Bape. Thank you. representative, Madam Chair. Representative, yeah, we absolutely have reporting requirements, but we also need additional. We definitely need additional. And I'd be happy to follow up if you have additional specific questions on that.
Thank you. Our time has allotted for this or has passed for this panel. Thank you so much for your participation. We appreciate you being here. Is there anyone else in the room or online that would like to testify? Seeing no one, the witness testimony is closed.
Representative Foray, would you like to move your amendment? Yes. I move L001 to House Bill 1235 Second Representative Hamrick seconds
If you would like to explain your amendment. Sure.
This one talks about changing the requirement that there cannot be any new multiple provider rate changes across the board to allowing the change for six months heads up. So that was something that HICPF had asked for, to be federally and state compliant. So my ask is for yes.
Any questions on this amendment?
Representative Bradley. Thank you, Madam Chair. Can you explain it like I'm five? Sure.
Thank you. Representative Fred. Thank you. So last year when JBC was talking about cuts, one of the things that was explored was multiple procedure payments being cut. So if you're a PT, which you are, you do manual manipulation, you do dry needling, you do a couple of things. The theory would be that you would just get paid full amount for that first billing code and then second, third, fourth billing code, you would get a reduced amount, like 80%, 75%. the intent of that section was that I was trying to protect providers and getting reimbursed all of that. But we can't do it as a mandatory. You can't do this ever because some hospitals have bundle payment agreements and such. So with that being said, I said, well, we should still give a heads up to people. HICPF agrees as well that we should give a heads up to people at a longer timeline. So we're allowing for if a change was to occur on multiple procedure payments, that you have to have a six-month runway from the notice to implementation.
Additional questions on this amendment? Any objections to this amendment? Seeing none, amendment L001 passes. Okay, any additional amendments? Two more.
Okay.
Thank you.
I move L002 to House Bill 1235 with a second, hopefully.
Would anyone second? Second. I'm sorry.
Eliza.
Because I'm not there. Go ahead and explain your amendment.
Thank you, Madam Chair. This is just to say that if and when the federal requirements around community engagement are repealed, we can also repeal it. So it's just a trigger.
Any questions on this amendment? Seeing none. Any objections? Seeing none. Okay, with that, L002 passes.
We've got to get glue.
I know, we really do.
Okay, Representative Furet. Thank you, ma'am. This is the last one and the big one. So L003, I move L003 to House Bill 1235. Second.
Senator Ryden, seconds.
Thank you.
Thank you, Madam Chair.
So this is the big beefy one that we've been talking a lot about. And as you heard from our opposition, these are people that I work with every day in all of my bills. I have a good relationship with them, and we've continued to talk through these flags, right? They had just said today about there's a concern around proprietary, so we removed that component. I'm sorry.
Four.
Four. Okay. So we need to move four.
L-004. She said three.
Yeah. I'm sorry it's L004 because I added in that
sorry what hold on one second so so we're going to just pause for a second does everyone in the committee have okay we do not have copies for everyone so hold on one second are you sure it should stapled in your packet. I think it's just missing from a packet. Hold on one second. We are looking at L004.
Oh my goodness.
Okay. And No, I need to do Okay, let's redo. Okay, so
Draw that motion. Oh, perfect.
Motion withdrawn. Thank you.
Representative Frey. Thank you, Madam Chair. Thank you for letting me remove, withdraw that motion. The correct number is L004 to House Bill 1235
and that should be in your packets.
Second. Representative Hamrick seconds. Please explain the amendment. Thank you, Madam Chair. So this is what we were talking about. The reason that it's L004, not L003 was because one of the feedback was around that proprietary knowledge. So we removed the component of public facing reporting. As I had started to say, you know, I have been actively working with some of these providers, these agencies and these lobbyists. I work with all of my bills with most of them. So we have a good working relationship and I understand where they're coming from and trying to narrow and maybe address some of those issues. We are going to bring an amendment to the seconds because we need to change the location. And with that, we will continue to look at how to refine that. So to my opposition's point, we are close and I think that this is the right direction. It is important for us to be able to have that transparency. This amendment gives us that transparency to see the provider rates and ratios for the cost direct care. I understand there are some concerns around the administrative burden and some of those challenges. So I am more than happy to start refining a little bit more as we bring an amendment to the second floor seconds if we get this out of committee. So I ask for your support and continued work.
Questions on this amendment? Representative McCormick.
Thank you, Madam Chair. Just to clarify, I know we have a fiscal assessment of L003, but we're moving L004. So can or should we assume that this fiscal memo would also fit? You haven't changed anything that would affect the fiscal impact.
Representative Frank. Thank you for that clarification. Yes, because I changed that one part of removing the website, the amendment stays the same as L003, as L004, just removing that website public-facing data. I wanted to make sure that that was addressed as it was flagged as a concern, and I wanted to honor that. So yes, the fiscal note is brought down to zero because it is a one-time reporting rather than an annual one.
Additional questions from the committee? Representative McCormick? Not a question, but just a comment, if I could, at this point, because it does have to do with Section 6 of the bill, and this is the part that you're working on to amend. Just hearing from folks today in committee and before, it does seem like there are quite a few variables involved in this data report that we're looking at asking for. And my concern is that similar to what we heard is the data in will reflect kind of what kind of information we get from that And it might be hard to accurately interpret that for for any use so i do still have concerns and i appreciate what you doing with this amendment um but still have concerns around
section six so i appreciate that you're willing to keep working on it additional question oh representative yes thank you i hear the concerns i think some of them are fair and i would love to to see if we can get to that middle ground. There are great things in this bill. This is one that we're trying to get to the right middle ground. If that doesn't come to fruition, it's okay if we take that out. That's the beauty of compromising stakeholder. I would love to get to yes, because I think it's important. And I think that JBC and just as legislators, we should know that. But also, I understand that we have to find a balance. So I hear them, and I hope we can get to a good spot, but I also understand if that's something that we need to take away.
Additional questions from the committee? Okay. Any objections? I object. Representative Barone
objects. Mr. Shadun, could you please call the roll?
Representative Zabron? No. Redfield?
No. Bradley? No. English?
Excuse. Frey? Yes.
Emmerich. Yes. Johnson. No. Luck. No. McCormick. Yes.
Wrighton. Yes. Stewart. Yes. Leader. Yes. Madam Chair. Yes.
The amendment passes 7 to 5 with one excuse.
Okay. On to the next amendment. Is there another amendment? I hope not. Okay. No, there's not. No additional amendments from the sponsor.
Any additional amendments from the committee?
Okay, no additional amendments from the committee. The amendment phase is closed.
Representative Frey, would you like to wrap up?
Thank you, Madam Chair. You know, this type of bill is important, and I understand that we all do bills differently. The intention of keeping this title broad and adding a bunch of different topics under Medicaid is to bring the discussion to the table. There are a lot of issues within Medicaid, and we need to tackle them. And so we only get five bills. And so I'm trying to make the most of our bills. With that being said, I think that we are successful already in having some of these tough conversations about Medicaid. And I appreciate and respect that you all listen to me talk about Medicaid a lot. And I really, truly believe that this bill has been stake held and compromised. And that's why we brought a bunch of amendments to the table. I think this is the right direction to slowly but surely get to a better place with Medicaid for our providers and our members. I ask for your support.
Would you like to move your bill?
Sure. I move House Bill 1235 as amended to the Committee of the Whole. Second.
Representative Ryden, second.
Okay, closing comments from the committee.
Representative Barone.
Thank you, Madam Chair. Thank you, Representative Frey. I just want to tell you I respect the process that you do. You're very open with your bills. You're very communicative with all your colleagues about this. Unfortunately, this is one that I really can't support. And I do respect your process. I do respect the way you work and what you are trying to do. I don think we there yet with this one and of course I would support you if you would fix it and put everybody at the table in a good place So I will be a respectful note today but just know that I do respect your process
Representative Batfield. Thank you, Madam Chair. I'm not going to say the words, but I echo Representative Verón. Thank you.
Representative Batfield. Thank you, Madam Chair. I love the first part of this bill, and you know I'm not a mandate person, but I am so tired of the fraud in Medicaid that takes away from our IDD, DD communities, the provider rates. It is very frustrating for me, and so to have additional reporting requirements to stop this nonsense makes me very happy. It's the HCBS waiver or the part that I'm worried about the metrics. I feel like if maybe we could write them out so there's clarity, I don't want to vote on something that would increase a burden and then not give you the reporting that you want and that you are intending to have because I think that's what you want. So I believe that you will continue to work. I know you. I sit right in front of you, and I see your due diligence, and I don't have to be on the same page as every single lobbyist in here. Let's be very clear. I just worry about what is going to happen to the providers if it's not really listed to make sure there's not an increased administrative burden and they can get you what you need so that you get that requirement. I love that you're doing it one time. I love all the things. There's just a little part of me that is not there, but I know you well enough to know that you'll do your due diligence. And if you can't get there, I respect that too. So thank you.
Additional comment, Representative Wrighton. Thank you, Madam Chair. Thank you, Representative Foray, for tackling this, for being kind of nerdy about it. I really appreciate that diligence and all that hard work and the relationships that you carry. And I echo my colleagues over there just respecting the process. It's very thorough. And I really appreciate what you're doing with the runway piece on that six months. I think that is something really necessary for our providers. So thanks for tackling that. Representative Hamrick. I appreciate all the stakeholding that you've done and know that you will continue. Home health care workers still have issues. but I know that you're going to reach out and try to figure out that. So I'm yes for today.
Vice Chair Leader. Thank you, Madam Chair. Well, you know, I don't like data collection, as I just ran a bill about it. But I also understand transparency and the needs to know where money is going and stuff. But I don't like data collection on people. or the unintended consequences of who might get that information, not to mention not in this state. I know you and you'll keep working on it, but those are some serious concerns, and home health care workers are near and dear to my heart, so we've got to make sure that they're taken care of. I'll be a yes for today, but I want to see some of that data collection narrowed. how people can get a hold of that and take care of them, home health care workers. They take care of us. I'll be a yes for it today.
Thank you, Representative Frey, for your work on this bill. I think, you know, just appreciate your due diligence. I also appreciate what you're trying to do with the Section 6 and how important it is to get that clarity in information. And also, it sounds like there's more work to be done that you obviously are very committed to.
So I will be a yes today and appreciate your work Mr Shadun could you please call the roll Representatives of Adon No Bradfield
No.
Bradley?
No.
English is excused.
Foray?
Yes.
Hamrick?
Yes, for today.
Johnson?
No.
Luck?
No.
McCormick?
Yes.
Wrighton?
Yes.
Stewart?
Yes.
Leader?
Yes, for today.
Madam Chair? Yes. Passes 7 to 5 with one excuse. You're on your way to the committee of the whole. Really, guys? The Health and Human Services Committee will go into a brief recess, but please stay very close. I didn't know if that was going to pass. Thank you. Thank you. Thank you Thank you. Thank you. The Health and Human Services Committee will come back to order. Hi, sponsors. Hello. And THLG.
I don't even have, I don't have, do you have, do you have the amendments? I only have the amendment language. No.
Representative English? Would you like to tell us about your bill?
Okay. Okay. Well we were just talking about BHA did have an amendment but nobody brought it to us It not printed out So we can maybe bring it on second. Okay, thanks. He said he's going to double check.
What if you explain the bill, and we'll see if we can get this taken care of?
Yeah, that's cool. Thank you.
Substance use disorder is a serious public challenge facing communities across Colorado, but is also a treatable medical condition, and our policies must reflect the best medical knowledge available today. House Bill 2612-14, which is a sunset substance abuse treatment program licensing programs to... Sorry, House Bill 2612-14 ensures that Colorado continues to maintain the licensing and oversight system that allows treatment programs to safely provide medically managed care to people struggling with addiction. Without this legislation, the state framework that licenses facilities administering controlled medications for treatment would sunset in 2026, creating uncertainty for providers and patients alike. This bill responsibly continues that system through 2041. And I know that may seem way off, but this is definitely an issue that needs to be cared for in a way that we can ensure that people get the help that they need. And number one, it protects access to evidence-based treatment. The facilities regulated under this act provide critical treatment services for individuals living with substance use disorders. Many patients rely on medically supervised care that may include FDA-approved medications combined with behavioral health support. These programs help stabilize individuals, reduce harmful substance use, and support long-term recovery. By continuing the Colorado Licensing of Controlled Substance Act, this bill ensures that patients can continue accessing medically managed treatment in safe licensed environments. Number two, it aligns Colorado law with modern clinical standards. The amendment improves the bill by aligning statutory language, the amendment that's going to come, with current treatment standards used by clinicians and regulators. The updated terminology reflects the broader concept of medically managed treatment, which captures the full continuum of care that individuals may receive during recovery. This includes care designed to stabilize physical and psychiatric symptoms, manage addiction-related conditions, and support individuals as they work toward sustained recovery. Aligning Colorado statute with modern clinical terminology ensures that state law reflects real-world treatment practices and nationally recognized standards of care. Number three, it strengthens oversight and patient safety. State licensing requirements are not simply administrative. They provide critical safeguards for patients. Through the licensing process the state ensures that facilities administering controlled medications for treatment meet professional standards maintain proper record keeping follow safety protocols provide care through qualified medical professionals Maintaining this oversight protects both patients and the integrity of Colorado's behavioral health system. Number four, it supports Colorado's behavioral health infrastructure. This bill ensures that the Colorado Behavioral Health Administration can continue overseeing treatment programs and maintaining a central registry that supports accountability and coordination. Colorado has invested heavily in building a modern behavioral health system. Continuing this licensing framework ensures that those investments remain stable, coordinated, and effective. It also reduces barrier to care. A key component of this legislation ensures that treatment programs have clear policies for verifying identity while still allowing individuals who may lack traditional identification, including people experiencing homelessness, to access care. Self-duse use disorder often intersects with housing instability, poverty, and systemic barriers to health care. Policies that allow treatment providers to responsibly verify identity while maintaining access to care help ensure that people are not turned away when they are seeking help. Equity and public health. From a public health perspective, expanding access to medically managed treatment is critical. Communities across Colorado, especially low-income communities and communities of color, have been disproportionately impacted by addiction, overdose, and barriers to care. Policies that maintain strong treatment systems help move us toward a health care-centered approach to addiction that prioritize recovery, stability, and dignity. And with that, I'll turn it over to my co-prime, Rep. Jackson.
Representative Jackson.
Thank you, Madam Chair. Good evening, committee. Before coming to the legislature, I served as the COO of the Naloxone Project, where I worked directly with communities across Colorado responding to the overdose crisis. And through that work, I saw firsthand that naloxone is only the first step in saving a life. Reversal is not recovery. The real goal is making sure that once someone survives an overdose, that they have a pathway to treatment, stability, and long-term recovery. And those treatment programs must be safe, effective, and accountable. That's exactly what this licensing framework helps ensure. Colorado has made significant investments in addressing the overdose crisis through expansion of Loxone access, strengthening harm reduction, and improving recovery supports. But those efforts only work if our treatment infrastructure is strong and well regulated. This bill ensures we continue to maintain the regulatory structure necessary to support that system. And I would urge a yes vote.
Thank you, sponsors. Questions for the sponsors.
Representative Johnson. Thank you, Madam Chair. And it's just been a few weeks since we heard this in the drafting process, so I was just wondering if you can explain why it's 2041 so far out as opposed to putting the sunset closer.
Representative Jackson. Thank you, Madam Chair. Thank you for the question. We do have a representative from BHA who can probably speak more to that than I can.
Representative?
Thank you. And this probably is to be H as well, but I said, no, I'll offer to the sponsors also because I didn't get a clean or any answer during the drafting process on what data is being collected while we're looking at the opioid and prevention aspects and they're getting addicted.
How many patients are actually not getting access to opioids, which are a chronic medication? As we address one issue, I feel like we're opening another issue up. And so I just didn't know if you've heard of this, what the data is. I just want to make sure we're supporting all.
Representative Jackson. Thank you, Madam Chair. Thank you, Rep. Johnson. And I appreciate the conversation about this and the conversation that we had on the floor. I don't have the specific numbers regarding who actually receives this type of treatment and who actually doesn't, but I'm sure that our partners at BHA have more specific info for you.
Additional questions from the committee? Seeing none, we can move on to the witness testimony. We have one witness, Mr. Ryan Mueller, if you could come forward.
Yeah, you could just join.
If you can introduce yourself and the agency you represent, and you have two minutes.
Thank you, Madam Chair and members of the committee. My name is Ryan Mueller, State Opioid Treatment Authority with the Behavioral Health Administration. and it is an honor to be sharing some time with you today to discuss a critical piece of legislation which both builds and protects our treatment community. The Controlled Substance Act requires the BHA to regulate treatment facilities who dispense controlled substance medication for the purpose of treating a substance use disorder, including symptoms of withdrawal. The end goal ultimately is to reduce overdose deaths, to create lanes for treatment access to occur, to align with federal opioid treatment standards, and to protect the public from the potential harm associated with controlled substance medications. And for those purposes, this act is a success. Under the act, BHA, in concert with its community partners, was able to make significant changes to opioid treatment rules aimed at modernizing care, improving treatment outcomes, and empowering agency operators to expand their services to meet the needs of existing and new populations. We're talking about methadone clinics and withdrawal management facilities. And over the last five years under this act, we have seen those license counts double, including their capacity to serve more Coloradans. OTPs now number 53, serving 17 counties and over 10,000 patients for the first time in our state's history. But it's also important that we don't lose sight of the powerful nature and harmful potential of these medications. In terms of protection, BHA's regulatory oversight employs a litany of mechanisms to ensure community and patient safety, including operation of the state's central registry. And certainly, we are not out of this opioid overdose epidemic. But research tells us that our evidence and research and our collective experience tell us that access to safe and effective medication, certainly save lives. And I'm thankful for this act and other factors. We're beginning to see these results in the data. I'm happy to answer any questions about this bill, including recent amendments, and we thank Dora for their participation in the Sunset Review Act. Thank you.
So questions for the panelists.
Representative Johnson Thank you Madam Chair and thank you My question is because I seen these flyers I seen the work you do It shows up in a lot of hospitals I just curious if you looked at the adverse effects I lived through an experience where I had a total knee replacement and didn't get pain meds until five days after because the doctors are so scared of the addictive abilities of opioids that they would rather not prescribe any pain management. And I've heard many stories through my chemo experience and through other patients that they are not getting the chronic care needs they have. And then they turn to alcohol or uncontrolled substances or overdosing on Tylenol Advil because they're not getting this because opioids, while they can be misused, are a crucial part for some chronic illnesses in care management. And I am just frustrated that while we're pushing so much to get away from opioids, we're also not advocating to providers with all of these opioids are bad in hospitals. And that's all I saw during my chemo treatment that really put a stigma against it and really hurt a lot of my chronic pain, that it hurt a lot of my, you know, recovery projects. And so I'm just curious what numbers or data you're doing because it is a tool we need. And if we so much stigmatize it to one side, we're really losing sight on some patients who crucially need it. So I'm just curious where this leads, what goes on.
Mr. Mueller.
Thank you, Madam Chair. And thank you, Representative, for a really good point. I just want to start off by saying that this Controlled Substance Act really focuses on controlled substances, opioids, that are dispensed for the purpose of treating a substance use disorder, and it does not have bearing on pain medication for the purpose of treating pain. But it's also, your point is well taken, that there is also a disparity in access for substance use disorder treatment. And that is why this act is intended to increase access as opposed to restrict it. And over the last five years, as I said before, we are seeing a considerable increase in treatment enrollees. OTPs, for instance, five years ago they were numbering around 6,200. Now they are over 10,000. We've seen OTPs double their counts expanding across county coverage. So the ultimate goal is to get more people into treatment who need it from a substance use disorder perspective. Does that answer your question?
Additional questions from the committee.
Representative Bradley. Thank you, Madam Chair, and forgive me, it's been a couple of late nights. When I look up CRS 2782.16, page 7, we're now taking substance use disorder into an opioid treatment program, but that statute deals with cocaine, meth, alcohol, and other addictions. Changing it to an opioid use disorder is going to narrow the definition and exclude people suffering from non-opioid addiction. So I'm just making sure that we're doing things right.
Mr. Mueller.
Thank you, Madam Chair. Thank you, Representative. That's a great question. Another answer for you, Representative Johnson, is that the federal government requires that methadone be dispensed in an OTP setting. And this act is sort of an extension at the state level of that dispensation to be allowed. You can't prescribe opioids, you can't prescribe methadone in a pharmacy setting. So it's not intended to exclude those other substance use disorders, many of which are not dispensed controlled substance medications for the purpose of treatment.
Additional questions from the committee? Okay, seeing none, thank you.
Oh, all right.
Would you like to ask an additional question?
Representative Bradley. Thank you Madam Chair. I think I need you to explain it to me like I'm five, like I told another person to do. Because you're taking out substance use disorder and changing it to an opioid treatment program in the statute that defines substance use disorders which are not just opioids it non as well So I worry that this is going to be tailored this section in statute is going to be tailored to only opioid treatment programs and opioid use disorders, when right now it's substance use disorder and it encompasses everything, including non-opioid addictions.
Mr. Mueller.
Thank you, Madam Chair and Representative. That's a great question, and I think you're referring to 2780-216, line 15. Person with opioid use disorder, BHA cell establish a policy on how an opioid treatment program must verify identity of individuals initiating into withdrawal management. Is that correct? It's basically... Representative Patrick. It's the first time I've done that.
I'm referring to, yes, page 7, line 10 all the way to line 15.
Mr. Miller.
Oh, sorry, Madam Chair. Thank you. Sorry for the clarification need, but this is intended, I believe, to be for an opioid treatment program, but I'm happy to bring this back to the Behavioral Health Administration and talk it through to make sure we're not excluding potentially other substance use disorder treatments.
Representative Bradley. Thank you. When I'm looking, and that's because I'm on statutory revision committee and we see a lot of these, so it says the state requires the behavioral health department to create a policy for verifying the identity of people entering substance use treatment such as detox, withdrawal management, maintenance treatment programs. It continues to go on and on. So it says if you use the term substance use disorder treatment program, not opioid use disorder than it encompasses and broadly applies to any treatment for substance use, not just opioids. So I get a little nervous for the bill and the bill sponsors that we're changing this to opioid treatment program when in the statute it says substance use disorders. I can follow up offline too.
How about, would you like to try to answer the question and then if we have additional questions maybe we could.
Yeah. Okay, great.
Mr. Mueller.
Thank you, Madam Chair. I think that this question is important and requires some due diligence on our side to look into it and get you a better answer. Okay.
Wonderful. Any additional questions?
Okay.
Thank you so much for your testimony. We appreciate it. Is there anyone else in the audience or online that would like to testify? Seeing none, the witness phase is closed.
Okay.
Sponsors. Do you have amendments today?
No. No, we do not.
Sorry, Representative Jackson.
Okay, great.
Any amendments from the committee? No amendments from the committee. Seeing none, the amendment phase is closed. Sponsors, would you like to wrap up?
Representative Jackson. Thank you, Madam Chair. Colleagues, this bill simply ensures Colorado continues to provide safe, accountable, and effective treatment services for people struggling with substance use disorder. For individuals and families seeking recovery, that oversight matters. For those reasons I respectfully ask for your support of House Bill 26 Representative Vinkos Thank you Members this bill is about making sure Colorado continues to support safe medically supervised treatment for people who are working to overcome substance use disorders. By continuing this licensing framework and aligning it with modern clinical standards, we strengthen our behavioral health system and ensure that treatment providers can continue doing their life-saving work. And with this, I respectfully ask for your support for House Bill 26-12-14.
Thank you. Thank you. Representative English, would you like to move the bill?
I move House Bill 26-12-14 to the Committee of the Whole with a favorable recommendation.
Second.
Oh, Committee of Appropriations.
Sorry.
I'll strike that.
No problem.
I move House Bill 26-12-14 to the Committee of Appropriations with a favorable recommendation.
Second.
These braces.
Advice Chair Leaders.
seconds. Okay, closing comments from the committee.
Representative Bradley. Thank you, Madam Chair. I just got a text from someone in BHA, but I'm not seeing the section that shows the substance use disorder has been moved, so I'm concerned about this part of the bill. Okay, so I'll be a no today until we figure this out. Thank you. Additional
comments from the committee. Representative Bradley.
Bradfield. Dang it.
Thank you. I will echo what Representative Bradley said for today until this all gets worked out. I'm a no.
Additional comments from the committee?
Okay.
Rep Johnson. Thank you, Madam Chair. Would love to continue the dialogue. I'm worried about how far the sunset goes out. I'm worried about the unintended consequences on our patients, as I mentioned, as we push so forward one way. what is the message the other way? I'm also confused now. Like our colleague, it says substance abuse treatment program, but now we're saying it only focuses on opioids, but the way it was presented in committee was for substance. And so I would love just to talk offline before seconds so we can see where we're going, because I know we all want the same goal. I just want to make sure that we're getting it for all the patients at the table in Colorado, and I appreciate your work on this, but I will be a respectful now.
Vice Chair Leader. And thanks for bringing this bill. It is important to pass this. I understand the discrepancies, and I know you two will do your due diligence to get that ironed out before we go to seconds.
Thank you. So I also just wanted to recognize Mr. President visiting the House.
Thank you.
Good to have you here. Thank you sponsors for bringing the bill and appreciate your patience with BHA as they have amendments but it sounds like they'll bring them on second so I think looking forward to seeing those it sounds like there's some more discussion to be had which I know you will have so appreciate you both of your work on this and I'll be a yes today. With that Mr.
Shadoon can you please call the roll?
Representative Zabaron? No.
Bradfield?
Respectfully no.
Bradley? No.
English.
Yes.
Frey.
Yes.
Hamrick.
Yes.
Johnson.
No.
Luck.
No.
McCormick.
Yes.
Biden.
Yes.
Stewart.
Yes.
Leader.
Yes.
Madam Chair.
Yes.
Passes 8 to 5. You're on your way to the Committee on Appropriations. And with that, the Health and Human Services Committee is adjourned.