Senate Health & Human Services [May 11, 2026 - Upon Adjournment]

Mr. Brown, please call the roll.

Good afternoon.

Okay. We have our first bill up, 1307, and our sponsor is here.

Perfect. Members, are there any questions for our sponsor? Okay, seeing none, we will go to witnesses. we have two people on from the department who are here for questions only Monica Sutherland and Jennifer Lockwood and they are remote members does anyone have questions for these witnesses Okay, seeing none, you were a quick log on, and we thank you for coming. We will close the witness phase. Is there anyone else in the room who wishes to testify? Okay, seeing none, the witness phase is closed. Senator Rich, are there any amendments?

Okay, amendment phase is closed. Members, any amendments? Okay, now the amendment phase is closed. Senator Rich, wrap up.

Wonderful. That is a wonderful closing. Members, any final comments? Okay, seeing none, Senator Weissman.

Please let the record show that Senator Bridges and Senator Frizzell are here. Senator Weissman, the correct motion would be to the Committee on Appropriations.

That is a proper motion. Mr. Brown, please hold the roll.

Weissman. Yes.

Perfect. That passes unanimously. You are on your way to appropriations.

Okay, next up we have House Bill 1425. I see the sponsors are here. Who would like to begin? Senator Doherty.

Senator Bright. Thank you, Madam Chair, members of the committee. So when we talk about ABA services in Colorado, we're talking about a significant and growing sector of our health care system. The fiscal note estimates roughly 2,000 analysts, 8,000 technicians, and 500 clinics currently operating in the state, with 10% annual growth projected over the next several years. that is a substantial workforce, delivering medically necessary care with no licensing fees, no complaint process, no state accountability structure in place. This bill builds that structure in a fiscally responsible way. And touching on some of the long-term sustainability parts of it, the complaint processing workload estimated at 400 cases a year in year one and 300 estimated annually thereafter is modeled on comparable professions that came under licensing for the first time, though the fiscal note acknowledges that given recent reports of fraud in ABA licensing, ABA building, the actual complaint volume could be higher. It's worth noting as the implementation proceeds on this and would encourage a favorable look at this bill.

Thank you. Good afternoon, Chair, members of the committee. My name is Tom Miller. I'm the Director of the Office of Children, Aging, and Community Services at the Colorado Department of Human Services. We appreciate all the hard work that has gone into House Bill 26-14-25 and are very supportive of the facility licensing language contained within. This effort is a priority for the office and the department as our primary mission is the safety of children and youth, and this bill directly addresses that mission. The department supports this bill. I am here to provide testimony for the department, and I'm joined by our lead on this effort, Ms. Logan Ellett, who serves as the provider development manager for the Division of Child Welfare, who can answer any technical questions. The licensure of 24-hour care facilities, day treatment centers, child placement agencies, and potentially soon-to-be ABA clinics is part of the team within Placement Services Unit, which is the provider regulatory body at CDHS. The bill, as it relates to the clinic licensure component, would add a new license type of applied behavior analysis clinic within Title 26 and provide statutory authority to CDHS to license, monitor, and oversee the day-to-day operations to ensure child safety in what we estimate to be about 410 to 500 unlicensed ABA clinics operating across Colorado today. This proposal is also a request for funding for staff who would be responsible for the licensing and monitoring of those ABA clinics. To date, there are only two states, Pennsylvania and Arkansas, that currently oversee ABA licensed facilities, and three other states working towards ABA clinic licensure. Colorado would be the fourth. These clinics serve children ages 18 months up to 21 years of age, and typically children with autism spectrum disorder or who have intellectual and developmental disabilities. To date, the department has received 92 separate complaints on 15 different unlicensed ABA clinics that we have been unable to investigate due to not having the statutory authority to license or oversee these clinics. Facility licensure is critical to ensure child safety and proper oversight of the clinics, their operation, and the safety of staff. Thank you. I am happy to answer any questions or direct those to Ms. Alley.

It on the neck Thanks Logan Okay Perfect Hello My name is Will Martin and I here with the Colorado Association for Behavior Analysis And I serve as a board member and the chair of the public policy committee for COABA, and I'm testifying in strong support of this bill. COABA has always been committed to high standards for ABA professionals and advocates for effective and meaningful regulatory safeguards for individuals and families receiving ABA services. This bill represents a critical step forward for individuals, families, and providers in Colorado. It establishes both professional and facility licensure, and it gives the state meaningful regulatory authority over the practice of ABA and the facilities where many of these services occur. This also establishes meaningful training and certification requirements for behavior technicians, who serve Medicaid beneficiaries, and that assures that these technicians have the proper training and are qualified in order to do this important work. I would really like to thank both Representative Gilchrist and Representative Brown for drafting this bill and sponsoring it in the House of Representatives. Representative Gilchrist spent weeks with providers, HICPF, CDHS, and the Governor's Office to understand this unique service and ensure the regulatory framework strikes the balance between accountability for providers and access for individuals. This bill sets up providers and the state for success. I've spoken to a large number of providers across the state, both in urban and rural communities, and the consensus is appreciation and support for this bill. Thank you, Senator Daugherty and Senator Bright, for bringing this bill to the Senate. The Colorado Association for Behavior Analysis asks that you vote yes on this important bill. Thanks for having me, and I'd be happy to answer any questions.

Thank you, Madam Chair and committee. Good afternoon. My name is Hillary Jorgensen, and I am the co-executive director of the Colorado Cross Disability Coalition. We are here today in strong support of House Bill 1325. As you have heard through other testimony today, this bill is truly a testament to what happens when interested parties come together and really committed to looking towards our differences. And I think the fact that providers, advocacy organizations like mine and the state are here today in support of this bill really indicates that we've landed in a good place. that protect kids who are being served by MBA professionals and also in these facilities, and also a regulatory framework that allows providers to keep operating across the state. You know, we ended up getting involved in this issue because we had families reach out to us who their children had been experienced abuse or neglect in these centers. And we were really horrified to find out that they are not currently licensed or ever seen by the state. And this is why we need that. And we'll ensure that providers are following health and safety guidelines and regulation when kids are in care. So we were successfully asked for a yes vote today. Thank you so much.

Senator Doherty. Thank you. This bill has broad bipartisan support and addresses a genuine public safety need. Colorado is one of the few remaining states without a licensing structure for ABA practitioners, and families seeking these services for their children currently have no assurance that the person providing care meets any minimum standard of competency. This bill changes that in a measure-phased way, and I urge an aye vote.

Wonderful. Members, any final comments? Okay, seeing none, Senator Weissman, the proper motion is to the Committee on Appropriations. Oh, I apologize. You're on the committee. Who would like to move it? Senator Doherty. I apologize.

That is a proper motion. Mr. Brown, please call the roll.

Congratulations. That passes 5-0. You're on your rate of appropriations. Okay, we're on to House Bill 1063, and I see our sponsors here.

Wonderful. Members, are there any questions? Okay, seeing none, you do not have anyone signed up to testify, so we will close the witness phase unless there's someone in the room who wishes to testify okay seeing none do you have any amendments? okay the amendment phase is closed do you have a wrap up?

wonderful committee any final comments? okay seeing none Senator Weissman, the proper motion is to the Committee of the Whole.

That is a proper motion. Mr. Brown, please call the roll.

Congratulations. That passes unanimously.

Any objections? Seeing none, congratulations. Thank you. Woo-hoo. We will stand in a brief Senatorial 5 for our next sponsor. Thank you. Thank you Thank you. Okay. Let me just find my notes.

Members, are there any questions? Okay. Seeing none, we will go to the witness phase. I have four people signed up in favor and then two for questions only. In person, I have Erica Gannett.

And then remotely I have Claire Durst.

If you could state your name, who you're with, and your two minutes will begin. Good afternoon, Madam Chair and members of the committee. My name is Erica Gannett, and I serve as the Legislative Affairs Officer for the Behavioral Health Administration. I'm here today to testify in support of House Bill 26-13-25. I'll focus my brief comments today on the portion of the bill that establishes the Ibogaine Research Pilot Program in the BHA. The program will approve up to five pilot sites that intend to pursue federal authorization to perform clinical research on the safety and effectiveness of Ibogaine to treat behavioral health disorders. Broadly, BHA will act as a convener and partner in this process, supporting pilot sites to advance their research efforts in line with ethical and scientific standards. The legislation is timely given federal actions that will accelerate research approval pathways and invest at least $50 million in state governments that have enacted or developing programs to advance psychedelic drugs for serious mental illnesses. By passing this bill, Colorado will be well situated to pursue those funds. We've all seen the devastating impacts of opioid use and severe mental health disorders, and those effects can impact people we love and our broader communities. While many successful treatment approaches do exist, for those who do not receive benefit from traditional treatments, Ibogaine may be a life-saving option. Some preliminary research findings show up to a 75% abstinence rate from opioids at the one-year mark when combined with other therapies for treating opioid use disorder and a Stanford study published in 2024 showed that a single dose of Ibogaine led to an 88% reduction in PTSD symptoms. BHA is excited to partner to expand these research efforts and promote access to new treatments. We urge your support for the bill. Thank you so much.

If you could state your name, who you're with, your two minutes will begin. Thank you, Madam Chair, members of the committee. Thank you. My name is Joshua Kapl. I'm an attorney here in Colorado with the firm Vicente Cederberg. I was also one of the drafters of the Natural Medicine Health Act, and I'm a policy advisor for the Healing Advocacy Fund, which is in support of this bill, and also one of the founding directors of Colorado for Ibogaine, which is who I'm here today speaking on behalf of. Colorado for Ibogaine is a nonprofit made up of philanthropists, researchers, clinicians, doctors, nurses, veterans, addiction professionals, those in recovery, and other mental health advocates. We're here today in support of House Bill 26-13-25. Ibogaine is a plant-derived compound that has shown extraordinary promise for people suffering from opiate use disorder, trauma, and other difficult-to-treat conditions, especially for individuals who have not found success with conventional treatments alone. People from across the United States are already traveling to clinics outside the country to seek Ibogaine treatment, often because they feel they have run out of options. This bill has a two-tier structure that puts responsibility, safety, and research first. Notably, as mentioned, there's a recent executive order that puts $50 million of federal dollars towards state-federal research partnerships around Ibogaine and other emerging treatments. This bill sets Colorado up to be at the forefront of that collaboration, bringing real relief to those in Colorado suffering from hard-to-treat mental health issues. So thank you very much, and I'm happy to answer any questions.

Senator

Senator Weissman Thank you. I move L-12 to House Bill 1325.

I'm sure. This is a small technical amendment that was requested by DOR.

Senator Weissman. I move L-13 to House Bill 1325.

Senator. So L13 makes a couple changes to a different part of the natural medicine statute. So this is the part of natural medicine that isn Ibogaine but they very small and technical For instance ensuring that disguised sales are not allowed creating a new license type granting permissive rulemaking authority, and creating a new enforcement mechanism for the Director of Natural Medicine. These all came as, again, at the request of DOR, as they've been rolling out our natural medicine program, just tweaks to the statute that governs it.

Senator Bridges. Thank you, Madam Chair. An eight-page technical amendment is Chris Hansen level. You are doing a service to your district, continuing that legacy.

Senator Weissman. Move L14 to House Bill 1325.

Thank you, Madam Chair. This one-page, I repeat, one-page amendment, is a cleanup of some of the language around the notice to the reviser language. It was a cleanup that was requested internally through OLS. I ask for an aye vote.

Wrap up, Senator Ball. Thank you, Madam Chair. And my co-sponsor was briefly in the room, so we had proof of life, but unfortunately he couldn't be here for this party. He had to go take a vote. I would ask for an aye vote. I know it's small, I know it's niche, but this is something that matters a lot to the veterans community, and I think this is a good bill. Thank you.

Senator Bright. Thank you, Madam Chair, and thank you, Senator Ball, for bringing this bill. Obviously, a quick turnaround here, but I hope that some instances of cardiac issues with the use of the drug are addressed. as it's being applied in real life. So I hope that this goes forward with that.

Okay, seeing none, Senator Weissman. Thank you. I move 1320 for it as amended to the Appropriations Committee.

Senators Bridges. Aye. Bright. Aye. Doherty. Yes. Rizal. Aye Heinrichson Aye Weissman Aye Madam Chair Judah Aye

Senator Roberts, do you want to kick us off? Yes, thank you, Madam Chair, and thank you to the Health and Human Services Committee for hearing House Bill 1432. This bill, I think the committee will particularly support because it's going to help free up time and resources for our hospitals across the state due to duplicative programs that exist, and so we're going to repeal our participation in one of them. Just some brief back story. In 2021, in response to delays created by the pandemic, our state of Colorado and the federal government created the Hospital Transformation Program, HTP, to improve quality hospital care through the Colorado Medicaid program. However, the program has been difficult to implement and costly for hospitals, especially for Colorado's 43 rural hospitals. you may hear from witnesses today that our rural hospitals have found that the cost to implement the HTP has produced more than the HTP funds they received so there was not any return on investment and a negative return on investment by participating in this program so hospital 1432 would remove the state of Colorado from the HTP and replaces the HTP with a more reasonable set

Thank you, Madam Chair and members of the committee. I appreciate the opportunity to testify today. My name is Megan Axelrod, and I'm here on behalf of the Colorado Hospital Association in strong support of 1432, with an immense amount of gratitude to our sponsors for their leadership and collaborative work on this issue. At its core, this legislation reflects a shared recognition between hospitals and the administration that Colorado needed to address a growing problem with the Hospital Transformation Program, or HGP. Rural hospitals, in particular, were facing potentially devastating financial penalties, not because they were providing core care, but because the structure of the program created a disproportionate risk for low-volume hospitals, where small statistical changes could dramatically impact scoring and payment outcomes. Colorado hospitals strongly support quality improvement, accountability, and value-based care. The concern was never with improving outcomes. The concern was with maintaining two overlapping hospital quality programs simultaneously, one of which imposed escalating administrative burden, shifting methodologies, opaque scoring, and a redistribution mechanism that threatens stability across the health care system. We are particularly appreciative of the partnership and engagement from the administration and new leadership at HICPF in helping move this conversation forward in a very productive way. We have reached an agreement on a collaborative path forward focused on building a better quality framework for Colorado. Importantly, this legislation is intentionally narrow and thoughtful. It establishes the statutory framework necessary for the transition while allowing hospitals, clinical experts, and the department to continue collaborative program design work over the coming months, including on maximum alignment with national measures and also recognizing areas like pediatrics where national measures might not be the best fit for Colorado. Ultimately, we believe this agreement protects patient access, particularly in rural Colorado, and we're incredibly grateful to be here today. Thank you so much.

Thank you, Madam Chair. My name is Josh Block. I am the Chief Financial Officer of the Department of Healthcare Policy and Financing, and I am here today in support of House Bill 1342. This bill is the product of months of collaboration between the departments, the sponsors, and the Colorado hospitals. as it reflects a shared goal to modernize and improve the way Medicaid hospital incentive payments are structured so that the program is simpler, more predictable, and more focused on outcomes that matter. The existing hospital transformation program was created with good intentions, but it has become too complicated. It's created a complex system of winners and losers, and especially in light of changes at the federal level, the structure is no longer sustainable. We have an opportunity to take what we have learned and build something better. House Bill 1342 allows the department, in partnership with hospitals and with stakeholders, to create a more streamlined incentive program. The goal is to bring together existing incentive programs into a single, clearer framework that rewards hospitals for activities that reduce cost, improve quality, and improve outcomes for the people served by Medicaid. We've also clearly heard from hospitals that the program needs to be easier to understand and administer. Measures should be aligned where possible with other programs. Hospitals should know what they are being measured on, and they should be held accountable for actions within their control, not for outside factors they cannot reasonably influence. The Department fully supports these goals, and this bill is an important first step to achieve them. It gives us the statutory authority needed to continue this work with hospitals and the stakeholders to design a program that is transparent, predictable, and focused on improving care while reducing cost. We look forward to collaboratively building the next generation of this incentive program in a way that works for our providers and the people we serve. For these reasons, the Department supports House Bill 1432. I'm happy to take any questions that you have.

Thank you, Madam Chair. Thank you to our witnesses who testified. I'll just highlight the months of negotiations that went into this bill. And Rep Soper over in the House, given his experience with rural hospitals in his community, did a lot of work to get this bill to a good place and would appreciate your support. And thanks to everybody for their involvement.

Thanks, Madam Chair. I move 1432 to the Committee of the Whole with a favorable recommendation.

Senators Bridges.

Bright.

Doherty.

Prizel.

Unriksen.

Weissman.

Madam Chair, Judah. Aye. Congratulations. That passes unanimously. Senator Weissman.

Is there any objection? Seeing none, congratulations. You are on the consent calendar. Before we close, I would like to thank members who will not be returning next year for their service to the state. And with that, the Health and Human Services is adjourned for this session. We will see you next year.