Home Care
 2009
Legislative
Bulletin Board
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FINAL STATE REPORT:
JUNE 24, 2009
Updated November 29, 2009
 

Hearing Schedule (note: hearings are subject to change at a moment's notice -- confirm by going directly to the state legislative home page and looking up the daily House or Senate Calendar, both of which are posted daily.) 


Legislative Quick Links: 
[Colorado General Assembly Home Page] -- [Pink Book Listing of Legislative Contacts

[Colorado Congressional Delegation Contact Information]

[Listen to floor and committee proceedings at State Capitol]

Note: bills are listed in "watch list" priority as ranked by the HCAC Legislative Council with two stars (**) being the highest priority. Bills with one star (*) are moderate priority and are being monitored. Bills without a star are of possible interest and may be monitored, but are not ranked. HCAC will post scheduled hearings for one- and two-star bills in the status column.

Click here for Senate bills (SB08-###); Insert bill number to read bill as introduced; click history, committee reports, committee votes and pre-amended version for complete status.

Click here for House bills (HB08-####); Insert bill number to read bill as introduced; click history, committee reports, committee votes and pre-amended version for complete status.
 
Bill Number/
Sponsor/rating
(click bill number to read bill)
Short title and description  What to watch for/comments Status - updated > 6/24/09
 
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Federal Issues
2009
Click to right for NAHC / HCAC  position papers.

Click here for ANA
Statement on Health Care Reform
Comparison of House / Senate Health Care Reform bills
(updated 1/12/10)

U.S. Senator Michael Bennet
Signs Kerry Letter to Help Home Health Agencies -
January 2010

New York Times Interviews
Coloradans - 
January 2010

Home Health Talking Points (one-pager) - November 2009

Hospice Talking Points
(one-pager)
-
November 2009

Bell Policy Center on Health Care Reform

"Future of Colorado Health Care" 
by New America Foundation & Univ of Denver
(posted 11/15/09)

Summary:
"Tri-Committee" Health Care Reform bill

Talking Points:
Ensure Adequate and Appropriate Payment for Medicare Home Health Services

Supporting Charts (3) with Colorado and Congressional District Specifics:
% of HHAgencies with Negative Margins by State

% of HHAgencies with Negative Margins by Congressional District

Medicare HH Projected Losses by State

Study Supports Home Health:
New Report Says Home Health Saves Medicare Billions Each Year

Veterans Affairs Home Based Primary Care report
(updated 11/01/09)

Read What Elected Officials Have to Say About Home Health
Senate Letter
House Letter

Additional Talking Points:
Establish Chronic Care Management Benefit Under Medicare

Preserve the Budget Neutrality Adjustment Factor in the Medicare Hospice Wage Index

Recognize Home Telehealth Interactions

Hospice Gains / Losses by State 2009-2014


Read Other Reports about Home Health (for HCAC members only):
MedPac Report in the News

GAO Report, February 2009

New York Times Editorial

USA Today Article on Fraud in Home Care

 

September 19, 2009:
U.S. Senate Finance Committee "Chairman's Mark" released Sept. 16.
Click here to read summary.
 

U.S. House of Representative's American Affordable Health Choices Act of 2009 In Brief:

The U House of Representatives recently passed its "Tri-Committee" Health Care Reform bill which calls for about $57 Billion in cuts over the next 10 years for home health care providers, nationwide.

w 43.86% of Colorado's home health agencies are expected to experience a negative margin in 2010; that number increases to 55.26% in 2011.

w Over the next 10 years, projected losses to Colorado's home health care industry is projected to be <$420 Million>.

w Every region in the state (congressional district) will experience similar losses.

 

Colorado 2010-2011 Budget Governor Presents Balanced Budget Request for FY 2010-11 If you have not spoken to your state representative and state senator recently, now is the time....

See below if you don't know who your legislators are OR if you don't know how to reach them....

Click here to read:
Summary of 2010-11 Budget Request

Schedule 13 (with 30 minute increment proposal)

November 6, 2009 - Governor's Budget calls for:
t
Another 1% provider rate reduction beginning July 1, 2010 (total 5.5% since 7/1/09;
t Proposal to begin paying home health skilled services (Nursing, Therapies) in 30 minute increments; Based on 7/1/10 expected rate, a nursing visit would be paid $18.80 per 30-minutea "spent rendering service to a client." HCPF states that money will be saved by "not paying providers for time that is not spent with clients."

Watch here for news on this devastating proposal...
 
Colorado 2009-2010 Budget Cuts Governor's Budget Cuts   October 28, 2009:
Governor's office announces another 1% rate reduction effective Dec. 1, 2009. This brings home care total rate reductions in FY 2009-2010 to 4.5%

Click here to read rate schedule beginning Dec. 1, 2009.

Click here to read Gov. Ritter's Oct. 28th Budget Balancing Plan

(updated 11/1/09)

September 19, 2009:
HCAC has obtained the new Medicaid rate schedule from the Dept. of Health Care Policy & Financing. These reduced rates went into effect on Sept. 1, 2009. Click below for various home care services:
Home Health & PDN

HCBS EBD, MI & PWLA

HCBS BI

HCBS CWA, CHILDREN'S & PWA

August 18, 2009:
Gov. Bill Ritter announced new cuts in government spending including 1.5% Medicaid reimbursement rate reductions, effective Sept. 1, 2009. These are in addition to changes announced below that began on July 1.
1. Reimbursement for all community based service categories (Home Health, HCBS, PDN, IHSS) will be cut by an additional 1.5%, effective 9/1/09.
2. HCBS personal care / homemaker services* will have a daily cap of $72.05 per day (about 5 hours), effective 1/1/10. This is equivalent of 150% of the rate paid for assisted living services.
* This includes the following services:
- PCP/Homemaker
- CDASS combined PCP/Homemaker
- IHSS combined PCP/Homemaker

Click here to read Gov. Ritter's 2009-2010 Budget Balancing Plan. HCPF details begin on page 23.
 


June 24, 2009:
HCAC was provided with a preview of the Medicaid Bulletin that will be distributed to home care providers on July 1. Following are links to information on the new reimbursement rates that will go into effect on July 1, 2009. Rates have been reduced by
2%.
Medicaid Bulletin language

Home Health-PDN Rates

HCBS-EBD, MI and PLWA Rates

HCBS-BI Rates

HCBS CWA Rates

 

SB09-259
Sen. Mo Keller

Rep. Jack Pommer

2009-2010 Long Appropriations Bill Bill provides payment for all departments and agencies of the Colorado State Government for July 1, 2009 to June 30, 2010, including Medicaid services.

History:
Bill introduced on April 6; called for home health and private duty nursing to be cut by 2.5% and hcbs by 1.5% from April 1 to June 30, 2009. This amounts to approx. $2 million over three months. HCPF may not implement these cuts equally to all home health services. (Further provider rate reductions are expected beginning July 1)

Passed Senate with 1.5% rate cut for home health, HCBS and private duty nursing beginning April 1, 2010.

In an attempt to balance the state budget, Medicaid provider rate cuts have been proposed. When Pinnacol Assurance deal fell through in the House, the House agreed to 4.33% cuts for acute care providers such as hospitals, physicians and therapists and 2.17% cuts for long term care providers including home health, HCBS and private duty nursing. No rate cuts and no increase scheduled for nursing facilities.

On 4/20/09, the Senate proposed a 4.33% cut for all providers except nursing homes beginning July 1, 2009.
 

Click here for bill as signed by the Governor.

Read History to left;
Final Action:
On morning of 4/21/09, a compromise was reached calling for a 2% cut for all providers except nursing homes beginning on July 1 2009.

Signed by Governor with partial veto on 5/1/09.
 


Since  May 1st, HCAC
members have been involved in numerous stakeholders meetings to discuss how to reach a $7.5 Million reduction in state spending for home health, Private Duty Nursing & HCBS services.

On June 24th, HCAC was provided with a preview of the Medicaid Bulletin that will be distributed to home care providers on July 1. Following are links to information on the new reimbursement rates that will go into effect on July 1, 2009.

Medicaid Bulletin language

Home Health-PDN Rates

HCBS-EBD, MI and PLWA Rates

HCBS-BI Rates

HCBS CWA Rates

SB09-263
Sen. Al White

Rep. Jack Pommer


 

Concerning payments to Medicaid nursing facility providers
 
Bill provides methodology for payments to nursing homes from the nursing facility provider fees; Click Here for Bill as Introduced

Click here for Home Health Care Amendment L.006

Click here for details on Amendment

HCAC lobbied amendment in Senate; Withdrew lobbying effort in House due to threats from nursing homes to stop referrals to HCAC member home care agencies;

Amendment failed in both houses. Bill passed House and Senate with technical amendments. Signed by Governor.

 

Dept. of Health Care Policy & Financing Medicaid
2008-09  Supplementals

SB09-187
Sen. Moe Keller

Rep. Jack Pommer
 
Cutting Medicaid expenditures and provider rates in order to balance the current fiscal year budget.

 

Bill called for home health and private duty nursing to be cut by 2.5% and hcbs by 1.5% from April 1 to June 30, 2009. This amounts to approx. $2 million over three months. HCPF may not implement these cuts equally to all home health services. (Further provider rate reductions are expected beginning July 1)
 
Click Here for Bill as signed by Governor

Home Care cuts were amended out in Senate; Bill has now passed House Appropriations without cuts; passed 2nd reading on Feb. 24; passed 3rd reading; Signed by Governor.

HB09-1061 -
Health Insurance Transparency

Rep. Anne McGihon

Sen. Lois Tochtrop

See related bill below:
SB09-103



 

Concerning required health care disclosures involving insurance carrier business relationships with intermediary entities. This bill was researched and written by APTA / Colorado Chapter and introduced in the first house by Rep. Anne McGihon (D-Denver). The bill applies to all health care providers.

Bill was amended to reduce fiscal impact; a new fiscal note is being prepared to reflect bill as amended.
Click Here for Bill as introduced

Click Here for Bill as Amended (strike-below)

Assigned to House Business Affairs & Labor; on 2/11/09 passed committee on party-line vote of 5-4; referred to House Finance Committee; on 2/18/09 passed 9-2 on  bipartisan vote; referred to Committee of Whole; Passed 2nd reading on Tues, Feb. 24; Passed 3rd reading on Weds, Feb. 25, bipartisan vote of 42-23; Click here for 2/25/09 House Journal page 553 for recorded votes.

Passed Senate; Signed by Governor.
 

HB09-1084
Review of Medicaid Providers

Rep. Sara Gagliardi

Sen. Lois Tochtrop

 

 

Concerning procedures for the review of providers under the State Medical Assistance Program Limits scope and breadth of HCPF reviews or audits of Medicaid Providers Click Here for Bill as Introduced

Assigned to House Health & Human Services

Postponed Indefinitely (killed)

 

 

HB09-1103
Presumptive Eligibility

Rep. Jim Riesberg

Sen. Linda Newell

Concerning presumptive eligibility under Medical Assistance Program for persons in need of long term care
 

Authorizes the department of health care policy and financing to seek federal approval so that a person in need of long-term care who declares all of the information necessary to determine eligibility under the medical assistance program (program) shall be presumptively eligible for benefits under the program based upon the declaration.

 
Click Here for Bill as Passed House

Passed House; Passed Senate; Signed by Governor.

 

SB09-103
Deceptive Insurance Practices

Sen Morgan Carroll

Rep. Jack Pommer 

Concerning designation of the practice of providing financial incentives to persons handling insurance claims for making determinations that adversely affect insureds as a deceptive act in the business of insurance. This bill is related to HB09-1061 above. Click Here for Bill as Introduced

Click Here for Amendments

Passed Senate; House HHS Committee Postponed Indefinitely (Killed) on 3/30/09.  

 
       
       
       
       
       
     

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HCAC members are encouraged to e-mail questions or comments to 
the Legislative Council at hcac@assnoffice.com.

This Bulletin Board is maintained as an exclusive service for the members of the Home Care Association of Colorado.
Information is presented in summary form and is updated weekly or more frequently as needed, however, due to the rapid changing nature of the Colorado General Assembly, status reports, descriptions, documents and links contained herein should not be relied upon as an official record of action taken by the General Assembly. Readers are especially advised to double check hearing dates, times and locations as they are always subject to change by the legislature.

Home Care Association of Colorado
7400 East Arapahoe Road, #211, Centennial, CO 80112 U.S.A.
Phone (303) 694-4728   ~~   Fax (303) 694-4869
hcac@assnoffice.com  

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© 2009, Home Care Association of Colorado. All rights reserved.

         ec-6/13/09

 

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