Colorado 2025 Bills

Expanding Concurrent Enrollment Opportunities

Concurrent enrollment - transfer of credits - website - concurrent enrollment expansion and innovation grant program - appropriations. The act clarifies the differences between concurrent enrollment, dual enrollment, and other programs that enable a student to earn postsecondary credits while the student is enrolled in high school. Beginning in the 2020-21 school year, each school district, charter school, and public school operated by a board of cooperative services (local education provider) that enrolls students in grades 9 through 12 is required to provide the opportunity for concurrent enrollment. A local education provider cannot unreasonably deny approval for concurrent enrollment or limit the number of postsecondary courses in which a qualified student may enroll unless the local education provider is unable to provide access due to technological capacity. A local education provider may determine the manner in which it provides opportunities for concurrent enrollment. The act clarifies the information that a local education provider must provide to qualified students and their parents concerning concurrent enrollment, the transferability of postsecondary course credits, and the costs that a qualified student or the student's parent may incur by enrolling in a postsecondary course through concurrent enrollment. The act clarifies that a qualified student and the student's parent are not required to pay tuition for concurrent enrollment. The act requires the department of education and the department of higher education to create a concurrent enrollment website to provide information to the public concerning the various types of programs available to enable students to earn postsecondary credits while enrolled in high school. The act creates the concurrent enrollment expansion and innovation grant program (grant program) to provide grants to local education providers to use in starting to offer concurrent enrollment or expanding the availability of concurrent enrollment. The department of education shall administer the grant program, including providing an annual report that explains how the grant money is used, who is enrolling in concurrent enrollment and the types of courses they are enrolling in, and the number and transferability of postsecondary credits earned through concurrent enrollment. The department shall submit the report to the state board of education, the department of higher education, the Colorado commission on higher education, and the education committees of the general assembly. The department shall also post the report to the concurrent enrollment website. The act directs the state board for community colleges and occupational education to provide management and coordination of efforts to implement efforts to maximize participation in concurrent enrollment through the community college system. For the 2019-20 fiscal year, the act appropriates $44,916 from the general fund to the department of education for college and career readiness, $1,500,000 from the marijuana tax cash fund to the department of education for the concurrent enrollment expansion and innovation grant program, and $105,000 from the general fund to the department of higher education for a limited purpose fee-for-service contract with the state board of community colleges and occupational education. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Expand Peace Officer Mental Health Support Program

Peace officers - peace officers mental health support grant program - eligible applicants - use of grant money - reports required. Under current law, only county sheriffs' offices and municipal police departments may apply for a grant from the peace officers mental health support grant program (program). The act opens the program to additional "eligible applicants", which include other types of law enforcement agencies, a statewide association of police officers and former police officers, and organizations that provide services and programs that promote the mental health wellness of peace officers. The act also specifies new permissible uses of grant money and requires grant recipients to report to the department of local affairs concerning their use of grant money.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Grants For Property Tax Rent And Heat

Property tax and rent assistance grant - heat assistance grant - expansion - increase. A low-income senior or individual with a disability is currently eligible for 2 types of annual state assistance grants administered by the department of revenue related to his or her property: A grant for their property taxes or rent paid, with the latter being deemed a tax-equivalent payment (property tax and rent assistance grant), and a grant for heat or fuel expenses (heat assistance grant). Together these are commonly known as the "PTC" rebate. The act expands the property tax and rent assistance grant by repealing the requirement that rent must be paid to a landlord that pays property tax. For both types of grants allowed under the PTC rebate program, the act increases the: Maximum grant amounts; Phase-out amounts, which are the income levels at which a person's maximum grant begins to decrease; and Flat grant amounts, which are the minimum grant amounts assuming that the actual expenses exceed them. All of these amounts will also continue to be adjusted for inflation in the future. Obsolete provisions relating to grants claimed for past years are repealed and other provisions relating to grants prior to 2019 are repealed after they become obsolete in the future. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Lottery Intercepts

Lottery winnings offsets - court fines, fees, costs, or surcharges. The act allows lottery winnings to be intercepted for the payment of outstanding court fines, fees, costs, or surcharges.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Expand Division Youth Services Pilot Program

Youth services - pilot program - second location - appropriation. There is currently a pilot program to aid in the establishment of a division-wide therapeutic and rehabilitative culture (pilot program) in the division of youth services that operates in one location. The act expands the pilot program to a second location and requires a second evaluation and report on the pilot program. For the 2019-20 state fiscal year, the act appropriates $529,562 from the general fund to operate and evaluate the second location. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Honor Colorado Professional Fire Fighters

Registration - special license plates - professional fire fighters - appropriation. The act creates a Colorado professional fire fighters license plate. To be issued the plate, a qualified applicant must pay 2 one-time $25 fees and make a donation to a nonprofit organization selected by the department of revenue. To implement the act, $56,364 is appropriated to the department of revenue. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Wage Garnishment Reform

Wage garnishment - disposable earnings - hardship exemption - notice - applicability. Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable weekly earnings or the amount by which an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less. The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which an individual's disposable earnings for a week exceed the state or federal minimum wage. Currently, the cost of court-ordered health insurance for a child provided by an individual is deducted from the individual's disposable earnings subject to garnishment. The act also deducts from an individual's disposable earnings subject to garnishment the cost of any health insurance that is provided by the individual's employer and voluntarily withheld from the individual's earnings. The act creates an exemption that would permit individuals to prove that the amount of their pay subject to garnishment should be further reduced or eliminated altogether if the individual can establish that such reductions are necessary to support the individual or the individual's family. The act also requires clearer and more timely notice to an individual whose wages are being garnished and gives the individual more time after receiving the notice before garnishment starts. The act applies to all writs of garnishment issued on or after October 1, 2020, regardless of the date of the judgment that is basis of the writ of garnishment. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Management Of Legislative Workplace Conduct

Office of legislative workplace relations - creation - duties - confidentiality - workplace harassment - executive sessions - exceptions to CORA - appropriation. The act creates the office of legislative workplace relations (office) within the office of legislative legal services and makes the records of that office exempt from public inspection. The office is charged with handling employee relations, including the handling of complaints under the workplace expectations and workplace harassment policies. Records of the office related to complaints, investigations, and other inquiries are exempted from the definition of public records and are not subject to public inspection; except that the office is required to release an annual statistical report of the numbers of complaints received and their resolution. In addition, if a workplace harassment committee finds that it is more likely than not that a legislator violated the policy, the committee must release the report unless it decides by a two-thirds vote not to do so. The act allows a state public body to meet in executive session to consider a matter related to the workplace harassment or workplace expectations policies of the general assembly. The act clarifies that all Colorado Open Records Act (CORA) custodians are required to deny a request to inspect records that are created or provided by the office and that relate to complaints, investigations, inquiries, or requests related to workplace harassment or conduct under the general assembly's policies. A disclosure of an intimate relationship filed in accordance with a policy of the general assembly is part of an individual's personnel file, and therefore not subject to public inspection under CORA. For the 2019-20 state fiscal year, the act appropriates $221,925 from the general fund to the legislative department for the new office. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Residential Tenants Health And Safety Act

Tenants and landlords - warranty of habitability - breach of warranty - tenants' remedies. Under current law, a warranty of habitability (warranty) is implied in every rental agreement for a residential premises. The act states that, except in cases involving a condition that is based on the presence of mold, a landlord commits a breach of the warranty (breach) if the residential premises is: Uninhabitable or otherwise unfit for human habitation or in a condition that materially interferes with the tenant's life, health, or safety; and The landlord has received reasonably complete written or electronic notice of the condition and failed to commence remedial action by employing reasonable efforts within: 24 hours, where the condition materially interferes with the tenant's life, health, or safety; or 96 hours, where the premises is uninhabitable or otherwise unfit for human habitation and the tenant has included with the notice permission for the landlord or the landlord's authorized agent to enter the residential premises. For cases involving a residential premises that has mold that is associated with dampness, or where there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the life, health, or safety of a tenant, a landlord commits a breach if the landlord fails: Within 96 hours after receiving reasonably complete written or electronic notice of the condition, to mitigate immediate risk of mold by installing a containment, stopping active sources of water to the mold, and installing a high-efficiency particulate air filtration device to reduce tenants' exposure to mold; To maintain the containment until certain acts have been performed; and Within a reasonable amount of time, to execute certain remedial actions to remove the health risk posed by mold. Current law provides a list of conditions that render a residential premises uninhabitable. To this list, the act adds 2 conditions; specifically, a residential premises is uninhabitable if: The premises lacks functioning appliances that conformed to applicable law at the time of installation and that are maintained in good working order; or There is mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use. The act grants jurisdiction to county courts to provide injunctive relief related to a breach. The act also: States that if a tenant gives a landlord notice of a condition that materially interferes with the tenant's life, health, or safety, the landlord, at the request of the tenant, shall provide the tenant a comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant, or a hotel room, as selected by the landlord, at no expense or cost to the tenant; Allows a tenant who satisfies certain conditions to deduct from one or more rent payments the cost to repair or remedy a condition causing a breach; Repeals the requirement that a tenant notify a local government before seeking an injunction for a breach; Repeals provisions that allow a rental agreement to require a tenant to assume certain responsibilities concerning conditions and characteristics of a residential premises; Creates an exception for single-family residence premises for which a landlord does not receive a subsidy from any governmental source, by which exception a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling, subject to certain requirements; Prohibits a landlord from retaliating against a tenant in response to the tenant having made a good-faith complaint to the landlord or to a governmental agency alleging a condition that renders the premises uninhabitable or any condition that materially interferes with the life, health, or safety of the tenant; Repeals certain presumptions that favor landlords; and Specifies monetary damages that may be available to a tenant against whom a landlord retaliates. The act states that if the same condition that substantially caused a breach recurs within 6 months after the condition is repaired or remedied, other than a condition that merely involves a nonfunctioning appliance, the tenant may terminate the rental agreement 14 days after providing the landlord written or electronic notice of the tenant's intent to do so. In a case concerning a condition that merely involves a nonfunctioning appliance, if the landlord remedies the condition within 14 days after receiving the notice, the tenant may not terminate the rental agreement. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Foster Children Driving Licenses

Driver's licenses - foster children - automobile insurance - appropriation. Section 1 of the act clarifies that a minor who is at least 16 years of age can purchase auto insurance. Section 2 exempts a foster child from being required, when being issued a driver's license, to have his or her foster parent or other legal guardian sign an affidavit of liability if the child holds evidence of financial responsibility in his or her own name. Section 2 also: Authorizes counties to provide a service that exempts foster children from needing a foster parent or other legal guardian to sign an affidavit of liability. The county may accept and expend gifts, grants, or donations to implement this program. Lowers to 17 the age at which the county need not obtain permission of a foster parent to obtain an instruction permit without a responsible adult signing an affidavit of liability; and Repeals a provision that authorizes a foster child to obtain an instruction permit if enrolled in a driving school. Section 3 allows any person who is at least 21 years of age and who holds a driver's license to sign a foster child's driving logs if the person provided the instruction. Section 4 authorizes anyone who is at least 21 years of age and who holds a driver's license to instruct a foster child with a driving permit notwithstanding that the person did not sign the affidavit of liability. Section 5 directs the transportation legislation review committee to examine barriers to foster children meeting the 50-hour driving requirement while holding an instruction permit and to foster children obtaining automobile liability insurance. Section 6 appropriates $6,750 to the department of revenue to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Sunset Cold Case Task Force

Sunset - cold case task force. The act continues the cold case task force until 2026.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

PERA Public Employees' Retirement Association Local Government Division Member Contribution Rate

Public employees' retirement association - employer contribution rates - local government division. The 2% increase in the member contribution rate for members in the local government division of the public employees' retirement association that was enacted during the 2018 legislative session is eliminated.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Increase Parole Board Membership

State board of parole - membership - appropriation. The act increases the state board of parole's (board) membership by 2, for a total of 9 members. The 2 additional members must have experience in a field relevant to the work of the board. $293,774 is appropriated to the department of corrections to implement this act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Honor Service Of Women Veterans

Motor vehicle registration - license plates - women veterans - appropriation. The act creates a license plate to honor women veterans of the United States armed forces. To be issued the plate, an applicant must pay 2 one-time $25 fees. To implement the act, $14,771 is appropriated to the department of revenue from the license plate cash fund and the Colorado DRIVES vehicle services account. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Sunset Public Livestock Markets

Regulation of public livestock markets - continuation under sunset law - licensure. The automatic termination date of the regulation of public livestock markets is extended until 2034 pursuant to sunset law. Section 3 repeals a requirement that an applicant for a license prove financial stability, business integrity, and fiduciary responsibility and to provide a statement of assets and liability. Section 4 repeals a requirement that a licensed livestock market meet several size and premises standards. Section 4 replaces this with a requirement that a premises have adequate facilities necessary to operate a public livestock market. Sections 5 and 6 repeal provisions that imply that the state board of stock inspection commissioners regulate the sanitation of public livestock markets. Section 7 clarifies that the veterinarian who inspects livestock at a public livestock market is not employed by the department of agriculture and that livestock is inspected, not examined, for clinical signs of injury or disease. Section 7 also requires the veterinarian to be accredited. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Child Welfare Permanency Planning

Child welfare - permanency hearing - burden of proof - clarifications. The act repeals and reenacts the provisions related to child welfare permanency hearings to reorganize the statutes and use consistent terminology related to permanency hearings. The act clarifies the burden of proof at permanency hearings. The act includes recent federal law changes.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Mental Health Facility Pilot Program

Residential mental health facility - pilot program - appropriation. The act creates a new 3-year mental health facility pilot program to provide residential care, treatment, and services to persons with either a mental health diagnosis or a physical health diagnosis. It contains requirements for applicants and directs the department of public health and environment (department) to select one or 2 applicants for the pilot program. The act appropriates $30,370 to the department for use by the health facilities and emergency medical services division. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Sunset Council For Parent Involvement In Education

Advisory council for parent involvement in education - continuation - appropriation. The act continues the state advisory council for parent involvement in education ("council") for five years. The act changes the number of persons appointed to the council from 5 parents to one parent from each congressional district. The council is scheduled for a sunset review prior to repeal in September 2024. The act appropriates $2,000 to the department of education from the general fund for accountability and improvement planning. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Foster Youth Sibling Bill Of Rights

Foster care - bill of rights for sibling youth in foster care. The act establishes certain rights for sibling youth in foster care, unless the rights are not in the best interests of either sibling, regardless of whether the parental rights of one or more of the foster youth's parents have been terminated.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Sunset Continue Dialysis Clinic And Technician Regulation

Dialysis care - hemodialysis clinics and technicians - continuation under sunset law - regulation - supervision by licensed professional nurses. The act implements recommendations in the 2018 sunset review and report by the department of regulatory agencies by continuing the regulation of dialysis clinics and hemodialysis technicians by the department of public health and environment for 7 years, until 2026. The act deletes obsolete language in the law regulating dialysis treatment clinics and hemodialysis technicians and updates references to nurses who are permitted to supervise hemodialysis technicians. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

National Guard Tuition Assistance Colorado State University Global

Colorado state university global campus - national guard tuition assistance. The act adds Colorado state university - global campus to the list of designated institutions of higher education for purposes of tuition assistance for members of the National Guard.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Self-contained Breathing Apparatus Testing And Certification

Self-contained breathing apparatus - testing and certification - administration by department of public safety - rule-making authority - appropriation. Currently, local fire departments and other users of self-contained breathing apparatus (SCBA) rely on certification under standards promulgated by the United States department of transportation (DOT) or the national institute for occupational safety and health (NIOSH) for quality control of pressure vessels. These certifications are considered valid through the vessel's recommended service life, but that service life is finite. Section 1 of the act declares that, with the emergence of new technology to test the continuing safety of vessels that are at the end of their initial recommended service life, vessels that remain safe can and should be recertified for an additional period rather than discarded, resulting in a saving of tax dollars for local governments. Sections 2 and 3 give the director of the division of fire prevention and control in the department of public safety the authority to inspect SCBA equipment and, if necessary, to write rules governing the inspection and certification of pressure vessels. Any such rules must incorporate or recognize current DOT or NIOSH standards for certification and recertification with regard to any technology that is accepted by those federal agencies. $40,291 is appropriated to the department of public safety for use by the division of fire prevention and control to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · Senate

Time Period To Cure Lease Violation

Violation of rental agreements - notice requirements - time to cure violation. The act concerns the time frames in which certain landlords must give notice to tenants prior to commencing eviction proceedings for failure to pay rent or for a first or subsequent violation of any other condition or covenant other than a substantial violation. Under most residential agreements, a landlord is required to give 10 days notice. Under a nonresidential or an employer-provided housing agreement, a landlord is required to give 3 days notice. For an exempt residential agreement, meaning for the lease of a single family home by a landlord who owns 5 or fewer single family rental homes, 5 days notice is required.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Lobbyist Transparency Act

Regulation of lobbyists - clarification of term "client" - heightened disclosure requirements - secretary of state to convene working group to consider upgrades to electronic filing system used by lobbyists - appropriation. The act clarifies that the term "client" used in connection with statutory provisions regulating lobbyists means the person who employs or retains the professional services of one or more lobbyists to undertake lobbying on behalf of that person. The act also clarifies that a professional lobbyist is not, for purposes of the statute, a client of either a lobbying firm or any other person that employs or retains one or more professional lobbyists to undertake lobbying on behalf of one or more clients. The act clarifies that existing provisions that require heightened disclosure when a lobbyist enters into an agreement to engage in lobbying apply when the general assembly is in regular or special session. In addition to any other disclosure, during the period that the general assembly is in regular or special session, the act also requires a professional lobbyist to notify the secretary of state (secretary) by means of the electronic filing system within 72 hours after: The lobbyist agrees to undertake lobbying in connection with new legislation, standards, rules, or rates for either a new or existing client of the lobbyist; or The lobbyist takes a new position on a new or existing bill for a new or existing client of the lobbyist. During this period, where the lobbyist agrees to undertake lobbying in connection with new or existing legislation for either a new or existing client, the disclosure required by the act includes the bill number of the legislation at issue and whether the lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time the lobbyist agrees to undertake lobbying in connection with the legislation or takes a new position. The act also states that an attorney who is a professional lobbyist may not decline to disclose his or her lobbying as such lobbying is required to be disclosed on the grounds that the lobbying is protected against disclosure as confidential matters between an attorney and a client. In connection with any requirement under existing law to disclose the identity of a client, a professional lobbyist who is a natural person and who is employed or retained by a lobbying firm or any other firm or entity may disclose the name of the lobbying firm or other person or entity by means of which, or under the name of which, a professional lobbyist does business, but to satisfy such disclosure requirement the lobbyist is also required to disclose the name of the client who employs or retains the professional services of the lobbyist, or a lobbying firm or any other person or entity that employs or retains the lobbyist, to undertake lobbying on its behalf. The act also requires the secretary to convene a working group to consider upgrades to the electronic filing system used by lobbyists to file their disclosure reports. The act specifies the mission of the working group and requirements affecting its organization and membership. The working group is required to report its conclusions to the general assembly. For the 2019-20 state fiscal year, the act appropriates $38,160 to the department of state from the department of state cash fund for use by the information technology division. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-20 · House

Increase Tax Credit Allocation Affordable Housing

Income tax - affordable housing tax credit - increase in aggregate amount of tax credits that may be allocated annually. Currently, under the affordable housing tax credit, during each calendar year of the period beginning in 2015 and ending in 2024 the Colorado housing and finance authority (CHFA) may allocate tax credits in an aggregate amount up to $5 million annually. The act increases the annual aggregate cap to $10 million for the years beginning on January 1, 2020, and ending on December 31, 2024.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Winter Conditions And Traction Control Requirements

Traction control equipment. The act amends the traction-control statute, which requires certain equipment during a winter storm, by: Updating the equipment options to authorize current technology and traction options; Setting minimum standards for tires; and Requiring the traction equipment to be carried on I-70 between milepost 133 (Dotsero) and milepost 259 (Morrison) from September 1 through May 31 for icy or snow-packed conditions.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Affordable Housing Funding From Vendor Fee Changes

Vendor fee rate increase - use of increased funds for affordable housing grants and loans. Beginning January 1, 2020, the act increases the vendor fee, which is an amount that a retailer is permitted to retain for its expenses incurred in collecting and remitting the state sales tax, from 3% to 4%, subject to a $1,000 monthly cap. This limit applies regardless of the number of the retailer's locations, and a vendor with multiple locations is required to register all locations under one account with the department of revenue. The state treasurer is annually required to credit an amount equal to the increase in sales taxes attributable to the vendor fee changes, minus a specified amount, to the housing development grant fund, which the division of housing in the department of local affairs (division) uses to make grants and loans to improve, preserve, or expand the supply of affordable housing in the state. The division is required to annually award at least 1/3 of this money for affordable housing projects for households whose annual income is less than or equal to 30% of the area median income. The increase in sales taxes attributable to the vendor fee changes that result from the act are excluded from the definition of "state sales tax increment revenue" for purposes of the "Colorado Regional Tourism Act" so that the increase is payable to the state and not an applicable financing entity. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Proposal For Affordable Health Coverage Option

Proposal for a state option for health care coverage - creation - division of insurance - appropriation. The act requires the department of health care policy and financing and the division of insurance in the department of regulatory agencies (departments) to develop and submit a proposal (proposal) to certain committees of the general assembly concerning the design, costs, benefits, and implementation of a state option for health care coverage. Additionally, the departments shall present a summary of the proposal at the annual joint hearings with the legislative committees of reference during the interim before the 2020 legislative session. The proposal must contain a detailed description of a state option and must identify the most effective implementation of a state option based on affordability to consumers at different income levels, administrative and financial burden to the state, ease of implementation, and likelihood of success in meeting the objectives described in the act. The proposal must also identify any necessary changes to state law to implement the proposal. In developing the proposal, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, employers, providers, and carriers. Further, the departments shall review any information relating to a pilot program operated by the state personnel director as a result of legislation that may be enacted during the 2019 legislative session. The departments shall prepare and submit any necessary federal waivers or state plan amendments to implement the proposal, unless a bill is filed within the filing deadlines for the 2020 legislative session that substantially alters the federal authorization required for the proposal and the bill is not postponed indefinitely in the first committee. For the 2018-19 state fiscal year, the act appropriates $75,000 from the general fund to the department of health care policy and financing for professional services, and $115,500 from the general fund to the department of regulatory agencies for the division of insurance for personal services. For the 2019-20 state fiscal year, the act appropriates $150,000 from the general fund to the department of health care policy and financing for professional services, and $231,000 from the general fund to the department of regulatory agencies for the division of insurance for personal services. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Sunset River Outfitter Advisory Committee

River outfitter advisory committee - continuation under sunset law. The act implements the recommendation of the department of regulatory agencies in its sunset review and report on the river outfitter advisory committee by continuing the committee indefinitely.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · Senate

Species Conservation Trust Fund Projects

Species conservation trust fund projects - appropriation - transfers. The act appropriates $3.9 million from the species conservation trust fund for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that state or federal law list as threatened or endangered or that are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service, allocated as follows: Native terrestrial wildlife conservation, $615,500; Native aquatic wildlife conservation, $839,000; Platte river recovery implementation program, $1,940,000; Colorado river basin native fish recovery programs, $205,500; and Federal endangered species act litigation program, $300,000. On July 1, 2019, the act transfers $600,000 from the Colorado water conservation board construction fund to the species conservation trust fund. For the 2019-20 state fiscal year and each of the 4 subsequent state fiscal years, the act transfers $5,000,000 from the severance tax operational fund to the species conservation trust fund. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Incentives Developers Facilitate Affordable Housing

List of nondeveloped real property - submission to capital development committee - report to general assembly - property tax - modification to administration of existing property tax exemption - certain affordable housing developments. Not later than October 15, 2019, the act requires each state agency and state institution of higher education to submit to the capital development committee (committee) a list of all nondeveloped real property owned by or under the control of the agency or institution. The act defines "nondeveloped real property" to mean unimproved real property that is not otherwise protected for or dedicated to another use such as an access or a conservation easement. Not later than October 15 of each year thereafter, the act requires each agency or institution to submit to the committee any additions or deletions to the list identifying any nondeveloped real property the agency has acquired or disposed of during the preceding state fiscal year. The committee is required to include this information in an annual report published on the website of the general assembly. The division of housing within the department of local affairs (division) is required to provide a link to the report on the division's website. The act exempts the division of parks and wildlife in the department of natural resources from these requirements. On a page on the website maintained by the department of local affairs that is dedicated to the division, the act requires the division to provide a link to the annual report that includes information on nondeveloped real property owned by or under the control of each state agency or institution of higher education. Not later than once annually by December 31 of each year, the division is required to update this link. Under current law, certain property is exempt from the levy and collection of the real property tax if the property is owned by: A nonprofit corporation, the earnings of which do not inure to a private shareholder, and the property is irrevocably dedicated to charitable, religious, or hospital purposes; or A nonprofit corporation that is a general partner of a partnership formed for the purpose of creating or maintaining affordable housing. The statutory provisions that allow for the property tax exemption for a partnership satisfying the requirements of the exemption do not apply if, during a specified compliance period, the partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during the compliance period. If the property tax administrator (administrator) determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to revoke the property tax exemption for the residential property and to levy and collect property tax against the residential property, which would have otherwise been levied and collected from the date on which the exemption was initially granted plus all delinquent interest as provided for by law. For property tax years commencing on or after January 1, 2019, if the administrator determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to either revoke the property tax exemption for the residential property as of the date income becomes available for distribution or terminate the exemption as of the date the property is transferred. Under the act, the administrator is no longer required in such circumstances to levy and collect property taxes that otherwise would have been levied and collected. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Address High-cost Health Insurance Pilot Program

Health care cooperatives - consumer protections - consumers negotiating rates. The act modernizes laws authorizing health care cooperatives in the state to incorporate consumer protections such as coverage for preexisting conditions and to encourage consumers to help control health care costs by negotiating rates on a collective basis directly with providers. The act authorizes the commissioner of insurance to apply for a federal waiver as necessary to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · Senate

State Innovation Waiver Reinsurance Program

Reinsurance program - creation - payments for high-cost insurance claims - program contingent on federal waiver or funding approval - special fees - premium tax revenues - other funding sources - cash fund created - appropriation - repeal. The act authorizes the commissioner of insurance to apply to the secretary of the United States department of health and human services for a state innovation waiver, federal funding, or both, to allow the state to implement and operate a two-year reinsurance program to assist health insurers in paying high-cost insurance claims. The state cannot implement the program absent waiver or funding approval from the secretary. The program is established as an enterprise for purposes of section 20 of article X of the state constitution so long as the program satisfies enterprise status requirements. The commissioner is to establish payment parameters at levels to effectuate targeted insurance premium reductions. The payment parameters include: The attachment point, above which claims costs are eligible for reinsurance payments; The coinsurance rate at which the program will reimburse carriers for claims above the attachment point; and The reinsurance cap, above which claims costs are no longer eligible for reinsurance payments from the program. The commissioner is authorized to assess special fees against hospitals and, under specified circumstances, against health insurers to provide funding for the program. Additionally, the program is to receive money from the following sources to operate the program: Federal pass-through funding or other federal funds made available for the program; For the 2020-21 and 2021-22 fiscal years, an amount of premium tax revenues collected under current law that exceeds the amount collected in calendar year 2019; $15 million in 2020 and $40 million in 2021 from the general fund, contingent on the passage of House Bill 19-1245; and Any money the general assembly appropriates to the program fund. The act creates the reinsurance program cash fund and continuously appropriates the money in the fund to the division of insurance to operate the program. The commissioner is also authorized to seek, accept, and expend gifts, grants, or donations from private or public sources. The program repeals on September 1, 2023, unless the federal government denies the waiver or funding request, in which case the program repeals upon that denial. $785,904 is appropriated to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Expand Supply Affordable Housing

Transfer of money from unclaimed property trust fund to housing development grant fund - expansion of permitted uses of money in housing development grant fund. Assuming certain conditions are satisfied affecting the state's fiscal situation, the act requires the state treasurer to transfer $30 million commencing with the 2020-21 state fiscal year and through and including the 2022-23 state fiscal year from the unclaimed property trust fund to the division of housing in the department of local affairs (division) to be deposited by the division into the housing development grant fund (housing fund) to finance the uses described in the statute. For each state fiscal year that a transfer is not made, the act specifies that the last year in which a transfer may be made is extended for an additional state fiscal year. The act prohibits any transfer permitted from being made in more than 3 total state fiscal years. The act makes updates that are technical in nature to statutory provisions governing the division. In addition to the other sources of money to be deposited into the housing fund, the act specifies that the housing fund also consists of money transferred by the state treasurer from the unclaimed property trust fund to the division to be deposited into the housing fund to supplement existing money in such fund to be expended for any of the purposes specified in the act. The act also expands the permitted uses of money in the housing fund. Subject to the limitation on the percentage of money appropriated from the housing fund that may be expended for the administrative costs of the division in administering the housing fund, the act authorizes the division to expend money from the housing fund to hire and employ individuals in order to fulfill its purposes. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Local Government Retirement Plan Contribution Rates

County, municipality, and other political subdivisions - retirement benefits plan or system for elected or appointed officers and employees - contribution rates. For any county, municipality, or other political subdivision (local government) or group of local governments that has established and maintains a plan or system (plan) of retirement benefits for its elected or appointed officers and its employees, the minimum contribution rate of participants in the plan is changed to 3% of the participant's basic salary or wage. In addition, the contribution rate of the local government and the contribution rate of the participant do not have to be the same, as was previously required, as long as the contribution rate for each is at least 3% of the participant's salary or wage.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Open Internet Customer Protections In Colorado

Internet service providers - state-funded broadband deployment - state procurement preferences - open internet requirements to receive state funds or contracts - complaints to federal trade commission. Section 1 of the act disqualifies an internet service provider (ISP) from receiving money through a grant from the broadband deployment board (board) or through any state fund established to help finance broadband deployment if the ISP engages in any of the following practices: Blocking lawful internet content, applications, services, or devices unless such blocking is conducted in a manner consistent with reasonable network management practices; Engaging in paid prioritization of internet content; Regulating network traffic by throttling bandwidth or otherwise impairing or degrading lawful internet traffic on the basis of internet content, application, service, or use of a nonharmful device unless the impairment or degradation is conducted in a manner consistent with reasonable network management practices; or Not providing reasonable transparency regarding its network management practices. Section 1 also requires that, if an ISP is found to have engaged in any of the practices listed above, the ISP must refund any money that it received in the prior 24 months through a grant from the board or from any other state funding source established to help finance broadband deployment. Section 2 requires the broadband deployment board to periodically review the federal trade commission's and federal communications commission's websites to identify any actions the federal agencies have taken against an ISP that seeks or has received broadband deployment grant money from the board. If the board determines from a review of the federal agency action that the ISP engaged in one of the practices listed above, the board shall deny the application or inform the public utilities commission of the action. Section 3 requires the attorney general or the attorney general's designee, in collaboration with the board, to develop guidance for consumers on how to file a complaint with the federal trade commission to allege that an ISP has engaged in any of the practices that violate federal law regarding interference with the open internet. The department of law shall post the guidance on its website. Section 4 requires a governmental body, when contracting for broadband internet access service, to give preference to an ISP that certifies to the governmental body that it will not engage in any of the practices listed in section 1. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · Senate

Sunset Passenger Tramway Safety Board

Passenger tramway safety board - continuation under sunset law. The act implements some of the recommendations of the department of regulatory agencies' sunset review and report on the passenger tramway safety board (board) by: Continuing the functions of the board for 11 years, until 2030; Removing the requirement that letters of admonition be sent by certified mail; and Replacing statutory references to the program administrator with references to the program director. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · Senate

Right-Of-Way For Snowplows In Echelon Formation

Traffic infractions - passing authorized snow plows in echelon formation - appropriation. The act states that a person commits a class A traffic offense if the person passes a snowplow that is operated by a state, county, or local government, displaying its lights, and performing its service function in echelon formation with one or more other such snowplows. "Echelon formation" means a formation in which snowplows are arranged diagonally, with each unit stationed behind and to the right, or behind and to the left, of the unit ahead. $3,375 is appropriated to the department of revenue to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · House

Entertainment Districts Counties Optional Premises

Alcohol beverage regulation - formation of entertainment districts. The act allows an entertainment district to be formed in an area located within a city and county or within an unincorporated area of a county and adds optional premises licensees to the list of licensed premises permitted to attach to an entertainment district.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-17 · Senate

Insurance Disclosures And Supervision

Regulation of insurance companies - corporate governance annual disclosures. The act establishes, with amendments, certain model laws of the National Association of Insurance Commissioners concerning corporate governance annual disclosures (CGADs) by insurers and insurance groups (insurers). On June 1, 2020, and on June 1 of each year thereafter, an insurer shall submit to the commissioner of insurance (commissioner) a CGAD that contains sufficient information to permit the commissioner to gain and maintain an understanding of the insurer's corporate governance framework. The act establishes confidentiality requirements for the commissioner and any third-party consultants retained by the commissioner. The act states that any insurer that fails, without just cause, to timely file a CGAD shall pay, after notice and a hearing, a penalty of $200 for each day's delay. The maximum penalty is $25,000. The act allows the commissioner to act as the group-wide supervisor for an internationally active insurance group or to designate or acknowledge another regulatory official as the group-wide supervisor for an internationally active insurance group that: Does not have substantial insurance operations in the United States; Has substantial insurance operations in the United States, but not in Colorado; or Has substantial insurance operations in the United States and in Colorado, but the commissioner has determined pursuant to certain criteria that the other regulatory official is the appropriate group-wide supervisor. The act describes certain permissible supervisory activities for the commissioner to perform while acting as a group-wide supervisor of an internationally active insurance group. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · House

Statewide System Of Advance Medical Directives

Advance directives - health care providers - electronic advance health care directive system - appropriation. The act requires the department of public health and environment (department) to contract with one or more health information organization networks for the creation, administration, and maintenance of a statewide electronic system (system) that allows qualified providers to upload and access advance health care directives. The act defines an advance health care directive as a directive concerning medical orders for scope of treatment, a declaration as to medical treatment, a directive relating to cardiopulmonary resuscitation, or a medical durable power of attorney. The act also requires the department to promulgate rules to oversee the system. The act allows a qualified provider to upload an individual's advanced health care directive upon the request of the individual after the individual has consulted with the qualified provider in person or through telehealth. A qualified provider who uploads an advance health care directive to the system is not subject to criminal or civil liability. The act requires the individual whose medical treatment is the subject of the advance health care directive, or the authorized surrogate decision-maker, to sign an electronic affidavit, prior to uploading the advance health care directive to the system, attesting that the advance health care directive uploaded to the system is appropriately executed, current, and accurate. The act does not allow for any civil or criminal liability or regulatory sanctions for any emergency personnel, health care provider, health care facility, or any other person that complies with a legally executed advance medical directive that is accessed from the system. For the 2019-20 state fiscal year, the act appropriates $993,147 from the general fund to the department of public health and environment for personal services related to health statistics and vital records, operating expenses, and for the purchase of information technology services. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · Senate

Colorado Resiliency Office Reauthorization Funding

Emergency management - resiliency office - continuation - appropriation. The act continues the Colorado resiliency office, which administers the resiliency and community recovery program as part of the state's disaster recovery and response functions. The requirement that the office be funded solely through grant funding is repealed, making general funds available to pay for the work of the office. The office is repealed effective September 1, 2022, and is scheduled for a sunset review prior to its repeal. The act appropriates $249,454 to the department of local affairs from the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · House

Hospital Community Benefit Accountability

Health care providers' accountability to communities - community health needs assessments - community benefit implementation plans - public meetings. The act requires the following hospitals to complete a community health needs assessment every 3 years and an annual community benefit implementation plan every year: A hospital that is licensed as a general hospital and exempt from federal taxation; A hospital established pursuant to the Denver health and hospital authority; and A hospital established pursuant to the University of Colorado hospital authority. Each such hospital must report to the department of health care policy and financing (department) concerning certain community benefits, costs, and shortfalls in the preceding year, and the department is required to submit an annual summary report to subject matter committees of the general assembly. Hospitals that are licensed as general hospitals but that are not required to report may report in like fashion. The department shall develop and provide a website at which each reporting hospital shall submit reports. The act requires each hospital to convene a public meeting at least once each year to seek feedback regarding the hospital's community benefit activities during the previous year and the hospital's community benefit implementation plan for the following year. Each hospital shall invite representatives from certain local entities and state agencies to participate in the meeting. Each hospital shall also invite the general public to the meeting in an advertisement placed in any major newspaper published in the hospital's community. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · House

Colorado Department Of Public Health And Environment Maternal Mortality Review Committee

Maternal mortality review committee - creation - appointments - duties - sunset review - appropriation. The act creates the Colorado maternal mortality review committee (committee), which is required to review maternal deaths, identify the causes of maternal mortality, and develop recommendations to address preventable maternal deaths, including legislation, policies, rules, and best practices that will support the health and safety of the pregnant and postpartum population in Colorado and prevent maternal deaths. The executive director of the department of public health and environment (department) is directed to appoint at least 11 members to serve on the committee. The act requires certain health care providers and law enforcement officials to provide medical records to the department concerning each maternal death for access by the members of the committee. The records, notes, information, and activities of the committee are confidential. The committee is repealed, effective September 1, 2029, and is subject to sunset review by the department of regulatory agencies prior to its repeal. $145,167 is appropriated to the department for implementation of the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · House

Import Prescription Drugs From Canada

Prescription drugs - Canadian prescription drug importation program - federal approval - eligible importers and suppliers - eligible prescription drugs - distribution requirements - reports - rules - appropriations. The act creates the "Canadian Prescription Drug Importation Program" (program) in the department of health care policy and financing (department). On or before September 1, 2020, the department shall submit a request to the United States secretary of health and human services for approval of the program. The department shall begin operating the program not later than 6 months after receiving such approval. The department may expend money for the purpose of requesting approval of the program, but the department cannot spend any other money to implement the program until the department receives approval of the program. Upon receiving approval of the program, the department shall contract with 1 or more vendors to provide services under the program. Each vendor, in consultation with the department and any other vendors, shall establish a wholesale prescription drug importation list (importation list) that identifies the prescription drugs that have the highest potential for cost savings to the state. Each vendor shall revise the list at least annually and at the direction of the department. The department shall review the importation list at least every 3 months to ensure that it continues to meet the requirements of the program. The department may direct a vendor to revise the list, as necessary. Each vendor shall: Identify, in consultation with the department, Canadian suppliers who are in full compliance with relevant Canadian federal and provincial laws and regulations and who have agreed to export prescription drugs identified on the importation list; Verify that such Canadian suppliers meet the requirements of the program and will export prescription drugs at prices that provide cost savings to the state; Contract with such eligible Canadian suppliers, or facilitate contracts between eligible importers and Canadian suppliers, to import prescription drugs under the program; Assist the department in developing and administering a distribution program within the program; Assist the department with the preparation of an annual report and provide any information requested by the department for the report; Ensure the safety and quality of drugs imported under the program; Maintain a list of all eligible importers that participate in the program; Ensure compliance with the federal "Drug Quality and Security Act" by all Canadian suppliers, eligible importers, distributors, and other participants in the program; Provide an annual financial audit of its operations to the department; Provide to the department quarterly financial reports specific to the program, which reports must include information concerning the performance of the vendor's subcontractors and vendors; Submit evidence of a surety bond in an amount of at least $25,000 with any bid or initial contract negotiation documents and maintain documentation of evidence of the surety bond with the department throughout the contract term; and Maintain the information and documentation submitted to the department for at least 7 years. The act imposes certain requirements for drugs that are imported under the program, and the act prohibits certain drugs from being imported under the program. The act states that the following entities are eligible importers under the program: A pharmacist or wholesaler employed by or under contract with a medicaid pharmacy, for dispensing to the pharmacy's medicaid recipients; A pharmacist or wholesaler employed by or under contract with the department of corrections, for dispensing to inmates in the custody of the department of corrections; Commercial plans, as defined by rules promulgated by the medical services board and as approved by the federal government; and A licensed Colorado pharmacist or wholesaler approved by the department. An eligible importer may import a prescription drug from a Canadian supplier if: The drug meets federal food and drug administration standards and is not a controlled substance, biological product, infused or intravenously injected drug, a drug that is inhaled during surgery, or a parenteral drug deemed a threat to public health; and Importing the drug is expected to generate cost savings and would not violate federal patent laws. The act requires the department to designate an office or division that must be a licensed pharmaceutical wholesaler or that shall contract with a licensed pharmaceutical wholesaler. The designated office shall: Set a maximum profit margin so that a wholesaler, distributor, pharmacy, or other licensed provider participating in the program maintains a profit margin that is no greater than the profit margin that the wholesaler, distributor, pharmacy, or other licensed provider would have earned on the equivalent nonimported drug; Exclude generic products if the importation of the products would violate United States patent laws applicable to United States-branded products; Comply with certain federal requirements concerning drug quality and security; and Determine a method for covering the administrative costs of the program. Each participating eligible importer and Canadian supplier shall submit to the vendor specified information about each drug to be acquired by the importer or to be supplied by the Canadian supplier under the program. The department shall immediately suspend the importation of a specific drug or the importation of drugs by a specific eligible importer if it discovers that any drug or activity is in violation of the act or any federal or state law or regulation. The department may revoke the suspension if, after conducting an investigation, it determines that the public is adequately protected from counterfeit or unsafe drugs being imported into this state. The executive director of the department shall promulgate rules as necessary for the administration of the program. The department shall approve a method of financing the administrative costs of the program, which method may include imposing a fee on each prescription pharmaceutical product sold through the program or any other appropriate method determined by the department to finance administrative costs. The department shall not require a fee in an amount that the department determines would significantly reduce consumer savings. On or before December 1, 2021, and on or before December 1 each year thereafter, the department shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives concerning the operation of the program during the previous fiscal year. For the 2019-20 fiscal year, the act appropriates $1,041,802 to the department to implement the act, $134,719 of which is reappropriated to the department of law to provide legal services to the department. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · Senate

Sunset Professional Review Committees

Professional review committees - knowledge of reporting data - requirement to update information - rules - original source documents - committee membership - requirement to notify medical and nursing board - continuation under sunset law. The act implements the recommendations of the department of regulatory agencies' sunset review and report on the functions of professional review committees as follows: Repeals references to the committee on anticompetitive conduct because the committee no longer exists and replaces the term "utilization and quality control peer review organization" with "quality improvement organization" to be consistent with federal law; Clarifies that governing boards reporting data, and the data reported, to the division of professions and occupations in the department of regulatory agencies or a regulatory board may be known to staff of the division; Requires governing boards to annually update their information with the division; and Requires the division to promulgate rules to determine the information a governing board is required to report and to establish a process to remove governing boards from the registry. The act also: Defines "original source document", exempts such documents from the definition of "records", and specifies when the documents may be subject to subpoena, discovery, or use in a civil action; Encourages each professional review committee of a hospital to appoint a consumer to serve on the committee; and Repeals language requiring, in certain situations, a professional review committee for individuals licensed under the "Colorado Medical Practice Act" or the "Nurse Practice Act" to notify the medical board or nursing board, as applicable. The automatic termination date of the functions of professional review committees is extended until September 1, 2030, pursuant to the provisions of the sunset law. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · Senate

Investments In Primary Care To Reduce Health Costs

Primary care - collaborative created - affordability standards - targets - payment reform recommendations. The act: Establishes a primary care payment reform collaborative in the division of insurance in the department of regulatory agencies; Requires the commissioner of insurance to establish affordability standards for premiums, including adding targets for carrier investments in primary care; and Requires the department of health care policy and financing and carriers who offer health benefit plans to state employees to set targets for investment in primary care.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · House

Mental Health Parity Insurance Medicaid

Behavioral, mental health, and substance use disorders - parity in coverage - private insurance - medicaid - coverage of medication-assisted treatment - parity reporting requirements - compliance with federal law - complaints from ombudsman for behavioral health access to care - rules - appropriation. The act enacts the "Behavioral Health Care Coverage Modernization Act" to address issues related to coverage of behavioral, mental health, and substance use disorder services under private health insurance and the state medical assistance program (medicaid). With regard to health insurance, the act: Specifies that mandatory insurance coverage for behavioral, mental health, and substance use disorders includes coverage for the prevention of, screening for, and treatment of those disorders and must comply with the federal "Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008" (MHPAEA) (section 3 of the act); Requires services for behavioral, mental health, and substance use disorders to continue while a claim for coverage of those services is under review until the carrier notifies the covered person of the determination on the claim (section 3); Requires carriers to comply with treatment limitation requirements specified in federal regulations and precludes carriers from applying nonquantitative treatment limitations to behavioral, mental health, and substance use disorder services that do not apply to medical and surgical benefits (section 3); Requires carriers to establish procedures to authorize treatment by nonparticipating providers when a participating provider is not available under network adequacy requirements and to reimburse treatment or services for behavioral, mental health, or substance use disorders obtained from a nonparticipating provider because the covered service was not available within established time and distance standards using the same methodology the carrier uses to reimburse covered medical services provided by nonparticipating providers (section 3); Requires the commissioner of insurance (commissioner) to adopt rules to establish reasonable time periods for visits with a provider for treatment of a behavioral, mental health, or substance use disorder after an initial visit with a provider (section 3); Modifies the definition of "behavioral, mental health, and substance use disorder" to include diagnostic categories listed in the mental disorders section of the International Statistical Classification of Diseases and Related Health Problems, the Diagnostic and Statistical Manual of Mental Disorders, or the Diagnostic Classification of Mental Health and Developmental Disorders of Infancy and Early Childhood (section 3); Updates the required coverage related to alcohol use and behavioral health screenings to reflect the current requirements of that coverage as specified in recommendations of the United States preventive services task force (section 3); Requires the commissioner to disapprove a carrier's requested rate increase for failure to demonstrate compliance with the MHPAEA in accordance with rules adopted by the commissioner (section 5); For purposes of denials of reimbursement for behavioral, mental health, or substance use disorder services, other than denials based on nonpayment of premiums, requires carriers to include specified information about the protections included in the MHPAEA, how to contact the division of insurance or the office of the ombudsman for behavioral health access to care (office) related to possible violations of the MHPAEA, and the right to request medical necessity criteria from the carrier free of charge (section 6); For health benefit plans issued or renewed on or after January 1, 2020, requires carriers that provide coverage for an annual physical examination as a preventive health care service to also cover and reimburse for behavioral health screenings using a validated screening tool for behavioral health to the same extent the physical examination is covered (section 8); Requires carriers to submit an annual parity report to the commissioner and requires the commissioner to examine complaints received from the office regarding compliance with the requirements of the act or the MHPAEA upon the request of the office (section 9); Starting January 1, 2020, for a carrier that provides prescription drug benefits for the treatment of substance use disorders, with regard to prescription medications that are on the carrier's formulary, requires the carrier to provide coverage of any FDA-approved prescription medication for treating substance use disorders without prior authorization or step therapy requirements and to place at least one covered substance use disorder prescription medication on the lowest tier of the drug formulary, and precludes those carriers from excluding coverage for those medications and related services solely on the grounds that they were court ordered (section 10); and Requires the commissioner to provide a report by December 1, 2022, to specified legislative committees regarding the effects of the act on premiums (section 10). With regard to medicaid, the act: Requires the department of health care policy and financing (department) to ensure that medicaid covers behavioral, mental health, and substance use disorder services to the extent that medicaid covers a physical illness and complies with the MHPAEA (section 11); Requires the medical services board (state board) to establish a procedure, by rule, to allow for reimbursements of medically necessary state plan behavioral, mental health, or substance use services under medicaid when a managed care entity (MCE) denies coverage of the service based on diagnosis (section 11); Requires the statewide system of community behavioral health care in the managed care system to require MCEs to provide an adequate network of providers of behavioral, mental health, and substance use disorder services and to cover all medically necessary covered treatments for covered behavioral health diagnoses, regardless of any co-occurring conditions (section 12); Requires the department to include utilization management guidelines for the MCEs in state board managed care rules and to provide information on its website specifying how the public may request the network adequacy plans and quarterly network reports for an MCE (section 12); Requires the department to examine complaints received from the office regarding compliance with the requirements of the act or the MHPAEA upon the request of the office (section 12); Requires MCEs to include specified statements regarding the applicability of the MHPAEA to the managed care system in medicaid and how to contact the office regarding possible violations of the MHPAEA (section 14); Requires the department to submit an annual parity report to specified legislative committees and to contract with an external quality review organization annually to monitor MCEs' utilization management programs and policies to ensure compliance with the MHPAEA (section 15); and Starting January 1, 2020, requires an MCE that provides prescription drug benefits for the treatment of substance use disorders to provide coverage of any FDA-approved prescription medication for treating substance use disorders without prior authorization or step therapy requirements and precludes those MCEs from excluding coverage for those medications and related services solely on the grounds that they were court ordered (section 15). The act appropriates $167,000 to the department of health care policy and financing and $88,248 to the department of regulatory agencies to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · House

Cancer Treatment And License Plate Surcharge

Colorado medical assistance act - breast and cervical cancer prevention and treatment program - repeal date extended - appropriation. The act extends the repeal date of the breast and cervical cancer prevention and treatment program 10 years to July 1, 2029. $857,783 is appropriated to the department of health care policy and financing from the breast and cervical cancer prevention and treatment fund. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · House

Penalties For Failure To Pay Wages

Theft - wages - failure to pay wages - paying less than the minimum wage. The act defines wage theft as theft, which is a felony when the theft is of an amount greater than $2,000. The act adds refusing to pay wages or compensation with the intent to coerce a person who is owed wages as conduct that constitutes wage theft. The act removes the exemption from criminal penalties for an employer who is unable to pay wages or compensation because of a chapter 7 bankruptcy action or other court action resulting in the employer having limited control over his or her assets. The act defines "employee" as any person who performs labor or services for the benefit of an employer and provides factors that are relevant for determining whether a person is an employee. The act defines "employer" as having the same meaning as set forth in the federal "Fair Labor Standards Act" and specifically includes foreign labor contractors and migratory field labor contractors or crew leaders in the definition. The act defines intentionally paying a wage less than the minimum wage as theft, which is a felony when the theft is of an amount greater than $2,000. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-16 · House