EMSAC works with the Howes Group to keep watch at the Colorado State capital. We advocate for bills and other actions that will enable Emergency Medical Services professionals in Colorado to do the best job possible, and against any items that the board of directors feels might hinder those efforts.
On Wednesday, May 12, the Colorado State Assembly adjourned sine die, marking the end of the 2010 legislative session. For the first time in recent years legislators worked the full 120-day session, opting not to adjourn early, as they have done in the past. The length of this year’s session is emblematic of the high work load lawmakers faced over the past 4 months as they considered nearly 650 different bills.
The upcoming elections in November were cause for several occasions of heightened political tensions at the capitol. The session began on a note of brief political confusion as Governor Bill Ritter announced in early January that he would not seek reelection. After several days of speculation, Denver Mayor John Hickenlooper announced that he would run as his replacement.
Senate Minority Leader Josh Penry (R-Grand Junction) juggled several different political personas throughout the session as well. When the session began in January, Penry was a challenger for the GOP gubernatorial nomination. He later dropped from the race in support of his former boss and fellow primary challenger Scott McInnis. Recently, Penry was named the new campaign manager for GOP Senate hopeful Jane Norton, and has reportedly alluded to a chief of staff position with McInnis should he win.
U.S. Senator Michael Bennet has been trying to hold off a primary challenge from former Colorado House Speaker Andrew Romanoff. Although the Bennet campaign has been greatly more effective in fundraising, Romanoff continues to do well at party caucuses throughout the state.
The Howes Group is tracking all general assembly elections and plans to contribute to key races where our influence could affect the outcome. We will soon be sending our members information on the various PACs and 527s we operate as a means to fundraise for important legislators.
What was initially expected to be a fairly benign legislative session quickly became a very active one as legislators attempted to balance a budget with a several hundred million dollar shortfall, regulate medical marijuana use, overhaul teacher assessments, redistrict legislative constituencies, and expand tax revenue.
The Howes Group tracked 10 bills and ran a Joint Resolution on behalf of EMSAC this session. Following is a brief summary of the more salient of these bills. We will distribute a finalized official tracker in mid-June, when the Governor’s 30 days to sign or veto legislation is expired.
HB-1095, Fire Protection District Accident Fees. In 2009, the state legislator passed a bill that allowed fire protection districts to charge for certain services performed in the course of responding to accidents roadways. However, that particular bill failed to include language that restricted the chargeable services to motor vehicle accidents. EMSAC was concerned that without more specific language, the measure could discourage people in need from calling for search and rescue or similar operations. 1095 clarified language from 2009 to indicate that districts can only charge for motor vehicle accidents and not for other services. The bill passed through the legislature early in the session and was signed by the Governor on March 10.
HB-1122, Medical Orders Scope of Treatment. The bill establishes the requirements for a form by which a person may indicate his or her preference for or against certain medical procedures in the event that he or she is incapable of making the decisions personally. The bill would have required EMS professionals to adhere to the form, and to transmit the form to an individual with authority over the next stage of treatment. Because the bill would have made EMS professionals liable for adherence to a non-specific form in what is often a hurried and chaotic environment, The Howes Group worked to amend EMS out of the bill. While we were unsuccessful in amending the bill, we worked with a larger coalition to oppose the bill in general. The bill died on the calendar as lawmakers adjourned the session on May 12.
HB-1168, Subrogation. The bill would have limited a health care provider from being fully reimbursed for services until the individual was first found to be fully reimbursed for an injury resulting from an accident. The EMS community again requested an exemption from the bill, noting that they are legally required to provide service, and to do so without an expectation of compensation is unfeasible. The hospital association successfully ran its own amendment to exempt its services as well. Because many hospitals operate their own ambulance service, the amendment created confusion as to whether all ambulances were exempt. Unfortunately, the bill only exempts ambulances operated by a hospital. If EMSAC is able to document an unfair advantage for the hospitals, and can illustrate a need for parity, running a bill next year is a very strong option, and has a good likelihood of passing. We suggest that EMSAC examine the issue throughout the interim so The Howes Group can prepare arguments for a bill before next January.
HB-1238, Wildlife Crossing Zones. The bill would have allowed the Colorado Department of Transportation to designate certain stretches of road as wildlife crossing zones, which would in turn allow CDOT to post warning signs, reduce the speed limit, and double fines for speeding in those areas. EMSAC supported the bill as the association believes such measures reduce the likelihood of injury in wildlife-involved automotive accidents. Howes Group lobbyists testified in support of the bill in both the House and Senate Transportation Committees. Several agricultural associations opposed the bill, and Senator Bruce Whitehead (D-Hesperus) successfully ran an amendment in the Senate Transportation Committee to reduce the bill to a study of a small stretch of road between Glenwood Springs and Aspen. Working with other stakeholders and the Senate sponsor, Howes Group lobbyists were able to return the bill to its original form on the floor of the Senate. Soon thereafter, unfortunately, Senate Minority Leader Josh Penry (R-Grand Junction) ran an amendment to prohibit designating any stretch of interstate highway as a crossing zone. This amendment passed and the House concurred with the amendment on May 11, only one day before the session officially ended.
HB-1260, Sunset Review Board of Medical Examiners. A fairly standard sunset review, the bill extends the authority of the Board of Medical Examiners through 2019. However, one section of the bill moved EMS oversight from the Board to the Department of Public Health and Environment. Seeing this as a more appropriate venue for oversight, EMSAC supported the bill and Howard Paul testified in favor of the section in the House and Senate Health and Human Services Committees. The bill passed on May 4, and EMS oversight will shift to CDPHE in 2011.
SJR-008, Recognizing EMS Providers. Crafted by Howes Group lobbyists, Senate Joint Resolution 8 recognizes and applauds EMS providers throughout Colorado. We coordinated the resolution to run on the EMS Day at the Capitol to help increase the EMSAC’s profile at the capitol. EMSAC members were invited into the House and Senate chambers where the resolution was read aloud for the record and legislators spent several minutes meeting and thanking members.
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