CMS Bill Tracker
Bill # Most Recent StatusBill SummaryFloor Votes - Third ReadingMost Recent AmendmentFiscal NoteSponsorsPositionShort TitleComments
HB13-10065/16/2013 05/16/2013 Governor action - signed
The bill creates the "Breakfast After the Bell Nutrition Program" (program). The program requires every school with 70% or more students eligible for free or reduced-cost lunch to offer a free breakfast to each student in the school. Individual schools may select a method and time to offer the breakfast, so long as it occurs after the first bell of the school day. Exemptions are made for small schools and school districts and for public and charter schools that do not currently participate in the federal school lunch program. No Third Reading floor votes found for this bill
14 Amendment No. 1, Education Report, dated January 30, 2013, and
15 placed in member's bill file; Report also printed in House Journal, January
16 31, 2013, page(s) 134.
17
18 Amendment No. 2, Appropriations Report, dated March 8, 2013, and
19 placed in member's bill file; Report also printed in House Journal, March
20 8, 2013, page(s) 517-518.
21
22 Amendment No. 3, by Representative(s) Moreno.
23
24 Amend printed bill, page 4, strike lines 22 and 23 and substitute:
25
26 "(c) SMALL RURAL SCHOOL DISTRICTS, AS DEFINED BY THE
27 DEPARTMENT, THAT HAVE A STUDENT POPULATION OF FEWER THAN ONE
28 THOUSAND ARE".
29
30 Page 4, line 24, strike "HUNDRED STUDENTS IS".
31
32 Page 4, after line 25 insert:
33
34 "(5) A SCHOOL THAT HAS SEVENTY PERCENT OR MORE STUDENTS
35 RECEIVING FREE OR REDUCED LUNCH UNDER THE SCHOOL LUNCH
36 PROGRAM AND THAT HAS A STATE-LICENSED BEFORE-SCHOOL CARE
37 PROGRAM MAY OPT TO OFFER ITS BREAKFAST PROGRAM DURING THE
38 BEFORE-SCHOOL CARE PROGRAM TO THOSE STUDENTS ENROLLED IN SUCH
39 PROGRAM RATHER THAN AFTER THE BELL. THE SCHOOL MUST OFFER
40 BREAKFAST AFTER THE BELL TO ANY STUDENT WHO DOES NOT
41 PARTICIPATE IN THE BEFORE-SCHOOL CARE PROGRAM.
42
43 (6) ALL BREAKFASTS SERVED IN A PROGRAM REQUIRED BY THIS
44 ARTICLE MUST COMPLY WITH FEDERAL MEAL PATTERNS AND NUTRITION
45 STANDARDS FOR SCHOOL BREAKFAST PROGRAMS THAT ARE SET FORTH IN
46 THE FEDERAL "HEALTHY, HUNGER-FREE KIDS ACT OF 2010", PUB.L.
47 111-296, AND ANY REGULATIONS OR RULES INTERPRETING THAT ACT.".
48
49 Amendment No. 4, by Representative(s) Murray.
50
51 Amend printed bill, page 5, after line 11 insert:
52
53 "(3) ANY FEDERAL OR STATE MONEYS RECEIVED BY ANY SCHOOL
54 OR SCHOOL DISTRICT AS REIMBURSEMENT FOR BREAKFASTS SERVED
55 PURSUANT TO THIS ARTICLE MUST ONLY BE USED FOR THE FOOD AND
1 OPERATIONS ASSOCIATED WITH THE SCHOOL'S OR SCHOOL DISTRICT'S FOOD
2 SERVICE PROGRAM.".
3
4 As amended, ordered engrossed and placed on the Calendar for Third
5 Reading and Final Passage.
 

Fiscal Note 

MORENO / GIRON  Support K-12 Breakfast After The Bell Nutrition Program 120.993 
HB13-10153/15/2013 03/15/2013 Governor Action - Signed
Current law prohibits small group health plans from disclosing mental health history, diagnosis, or treatment services information received in an initial application for coverage, or in subsequent claims for benefits, without the written consent of the insured person. The bill repeals this prohibition, thereby enabling small group carriers to report mental health claims data to the all-payer claims database. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

KRAFT-THARP / KEFALAS  Support Disclose Mental Health Claims All-payer Database  
HB13-10321/28/2013 01/28/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
The bill provides that, if the commission of any crime codified in the criminal code or traffic code is the proximate cause of death or injury to an unborn member of the species homo sapiens, the prosecuting attorney, in charging the underlying offense, may also charge the homicide or assault offense that is appropriate to the death or injury. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

JOSHI  Oppose Offenses Against Unborn Children 100.998 
HB13-10332/5/2013 02/05/2013 House Committee on Health, Insurance & Environment Postpone Indefinitely
The bill prohibits abortion and makes any violation a class 3 felony. The following are exceptions to the prohibition: * A licensed physician performs a medical procedure designed or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice; * A licensed physician provides medical treatment to the mother that results in the accidental or unintentional injury or death to the unborn child. The pregnant mother upon whom an abortion is performed or attempted is not subject to a criminal penalty. The sale and use of contraception is not prohibited by the bill. A conviction related to the abortion prohibition constitutes unprofessional conduct for purposes of physician licensing. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

HUMPHREY  Oppose Abortion Ban 100.998 
HB13-10633/8/2013 03/08/2013 Governor Action - Signed
The bill directs the executive director of the department of public health and environment (director) or, if the director is not a physician, the chief medical officer, to adopt rules establishing standards for a critical care endorsement for emergency medical service providers. The director or chief medical officer must adopt these rules by December 31, 2013. No Third Reading floor votes found for this bill
49 HB13-1063 be amended as follows, and as so amended, be referred to
50 the Committee of the Whole with favorable
51 recommendation:
52
53 Amend printed bill, page 2, line 25, strike "DECEMBER 31, 2013." and
54 substitute "AUGUST 1, 2014.".
55
56 

Fiscal Note 

GARCIA / GIRON  Strongly Support Emer Service Providers Critical Care Endorsement  
HB13-10684/8/2013 04/08/2013 Governor Action - Signed
Currently, state law requires the department of health care policy and financing (department) to provide advance notice to a medicaid provider of a review or audit of the provider. Federal law requires that the department require a provider to permit the department or its contractors and the federal medicaid agency or its agent to conduct on-site inspections of provider locations, unannounced and without advance notice to the provider, for purposes of ensuring the accuracy of records and compliance with federal and state medicaid requirements. The bill amends the statute to allow for unannounced inspections of medicaid providers. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

YOUNG / ROBERTS  Support On-site Inspections Of Medicaid Providers C.001 
HB13-10744/26/2013 04/26/2013 Governor Action - Signed
This bill moves the primary care office and its powers, duties, and functions from the prevention services division to the department of public health and environment (CDPHE). The bill updates the law to make it consistent with federal requirements for programs operated by the primary care office. The bill reduces the number of members of the Colorado health service corps advisory council and clarifies the moneys included in the Colorado health service corps fund. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

KRAFT-THARP / ROBERTS  Support CDPHE Primary Care Office  
HB13-10782/5/2013 02/05/2013 House Committee on Health, Insurance & Environment Postpone Indefinitely
In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the "Colorado Health Benefit Exchange Act" (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. This bill repeals the act. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

JOSHI / HARVEY  Oppose Repeal Colorado Health Benefit Exchange 185.993 
HB13-10883/15/2013 03/15/2013 Governor Action - Signed
The bill changes the name of the office of health disparities in the department of public health and environment to the office of health equity (office) and adds duties to the office that include promoting health equity and including more diverse groups that may be affected by health equity and health disparity issues. The bill also replaces the minority health advisory commission with the health equity commission (commission). The purpose of the commission is to serve as an advisor to the office on health equity issues. The commission representation is changed from 13 to 15 members and includes the executive directors of the department of human services and department of health care policy and financing. The members of the commission must represent diverse populations in Colorado that include those whose health equity may be affected due to ethnicity, sexual orientation, gender identity, disability, and socioeconomic status and also must have expertise in at least one specified area. The commission's new duties include coordination of the departments' health equity efforts and health disparities grant program and strengthening partnerships with communities impacted by health disparities. The bill changes the sunset review date of the commission from 2017 to 2023. No Third Reading floor votes found for this bill
46 HB13-1088 be amended as follows, and as so amended, be referred to
47 the Committee of the Whole with favorable
48 recommendation:
49
50 Amend printed bill, page 2, line 11, after the first "STATUS," insert "AGING
51 POPULATION,".
52
53 Page 3, line 27, before "SOCIOECONOMIC" insert "AGING POPULATION,".
54
55 Page 7, line 20, after "DISABILITY," insert "AGING POPULATION,".
56
1 Page 8, line 3, after "LATINO," insert "AGING POPULATION, LESBIAN,".
2
3 Page 9, line 1, strike "department" and substitute "department THROUGH
4 THE".
5
6
 

Fiscal Note 

FIELDS / GIRON  Support Office Of Health Equity CDPHE Policy 125.999 
HB13-10974/4/2013 04/04/2013 Governor Action - Signed
In 2011, the general assembly enacted a law that requires coroners to perform a forensic autopsy or have a forensic autopsy performed under certain circumstances. As a result of that change, this bill repeals a provision that allows a coroner to ask a physician to make a scientific examination of the body of the deceased. Current law allows a physician who is conducting a postmortem examination to remove the pituitary gland from the body of the deceased for medical research. The bill repeals this provision. A coroner has additional legal duties when a person dies under certain circumstances that may require an investigation. The bill adds several additional duties and responsibilities for coroners when a person dies under those circumstances. No Third Reading floor votes found for this bill
HB13-1097 by Representative(s) Gardner; also Senator(s) Nicholson--Concerning the duties of
coroners.

Amendment No. 1(L.007), by Senator Nicholson.

Amend reengrossed bill, page 10, strike lines 5 through 7.

As amended, ordered revised and placed on the calendar for third reading and final
passage.


 

Fiscal Note 

GARDNER / NICHOLSON   Duties Of Coroners  
HB13-11043/29/2013 03/29/2013 Governor Action - Signed
Current law requires all mental health professionals to disclose specified information to clients during the initial client contact both orally and in writing. Section 1 of the bill eliminates the requirement that mental health professionals disclose the required information orally. Current law also requires mental health professionals, upon initial application or renewal of a license, certification, or registration, to pay a fee to fund the costs of the mental health professional peer health assistance program, the purpose of which is to provide assistance to a professional needing help in dealing with a physical, emotional, or psychological condition that may impact his or her ability to practice his or her mental health profession. Section 2 of the bill modifies the program as follows: * Requires the director of the division of professions and occupations (director) to annually review the fee amount and adjust the fee as necessary to reflect program usage, but not to exceed $25; * Requires a designated provider that is chosen to provide the program to take into consideration, when referring a mental health professional for treatment, the cost of the treatment and whether it poses a financial hardship on the professional, and, if so, requires the designated provider to consider alternative treatment or referral to a treatment program that offers a sliding-scale fee; * Precludes the director from selecting a designated provider until each mental health board has provided input, and further precludes the selection of a designated provider until the boards and director obtain input from mental health professionals; and * Requires a designated provider to notify the applicable board when a mental health professional successfully completes the program, and requires the board to reinstate the professional's license, registration, or certification upon successful completion of the program. No Third Reading floor votes found for this bill
After consideration on the merits, the Committee recommends that HB13-1104 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 3, line 4, before "(2)" insert "(1) (c),".

Page 3, line 26, strike "The" and substitute "BY JANUARY 31, 2014, the".

Page 4, after line 19 insert:

"(c) The director may select an entity to administer the mental
health professional peer assistance program. An administering entity
must be a nonprofit private foundation that is qualified under section 501
(c) (3) of the federal "Internal Revenue Code of 1986", as amended, and
that is dedicated to providing support for charitable, benevolent,
educational, and scientific purposes that are MAY BE related to mental
health professions, mental health professional education, mental health
research and science, and other mental health charitable purposes.".


Health &
Human
Services

 

Fiscal Note 

KRAFT-THARP / NEWELL   Mental Hlth Profl Oral Disclosure Peer Assist  
HB13-11116/5/2013 06/05/2013 Governor Action - Signed
Currently, naturopathic doctors are not regulated by the state and are not required to obtain a license to practice naturopathic medicine in Colorado. The bill requires naturopathic doctors to obtain a license to practice in Colorado on or after January 1, 2014. The newly created board of naturopathic medicine in the department of regulatory agencies (department) is tasked with all functions necessary to regulate naturopathic doctors, including adopting rules, establishing application procedures, approving education and training, and disciplining naturopathic doctors. To be licensed by the state, a naturopathic doctor must: * Be at least 21 years of age; * Have a bachelor's degree and a doctor of naturopathy degree from an approved naturopathic medical college; * Pass a competency-based naturopathic licensing examination; and * Not have had a license to practice as a naturopathic doctor or other health care license, registration, or certification refused, revoked, or suspended by another jurisdiction. The bill prohibits a licensed naturopathic doctor from engaging in certain acts such as: * Prescribing, dispensing, administering, or injecting a controlled substance or device; * Performing surgical procedures; * Practicing the profession of, holding oneself out as, or claiming to be another licensed health care professional; * Using general or spinal anesthetics; or * Administering ionizing radioactive substances for therapeutic purposes. Naturopathic doctors are required to make certain written disclosures to their patients, obtain a written acknowledgment from the patient that he or she has received the disclosures, and maintain the patient's acknowledgment for 7 years after services are rendered to the patient. Additionally, naturopathic doctors are to recommend that patients seeking treatment for cancer consult with an oncologist. The bill grants title protection to licensed naturopathic doctors and creates penalties for unauthorized practice as a naturopathic doctor. The bill also establishes grounds for disciplining a licensed naturopathic doctor and sets forth the methods of and procedures for disciplining a licensee. Naturopathic doctors are required to obtain professional liability insurance and are responsible for their acts and omissions in the practice of naturopathic medicine. Certain health care providers are shielded from liability resulting from a naturopathic doctor's practice of naturopathic medicine but are liable for grossly negligent, willful, or wanton acts or omissions of a naturopathic doctor with whom they have a business or supervisory relationship. The licensing of naturopathic doctors is subject to sunset review by the department and is set to repeal on September 1, 2019. No Third Reading floor votes found for this bill
15 HB13-1111 be amended as follows, and as so amended, be referred to
16 the Committee of the Whole with favorable
17 recommendation:
18
19 Amend the Health, Insurance and Environment Committee Report, dated
20 February 14, 2013, page 21, after line 16 insert:
21
22 "SECTION 4. Appropriation. (1) In addition to any other
23 appropriation, there is hereby appropriated, out of any moneys in the
24 division of professions and occupations cash fund created in section 24-
25 34-105 (2) (b) (I), Colorado Revised Statutes, not otherwise appropriated,
26 to the department of regulatory agencies, for the fiscal year beginning
27 July 1, 2013, the sum of $90,489 and 0.9 FTE, or so much thereof as may
28 be necessary, to be allocated for the implementation of this act as follows:
29 (a) $62,397 and 0.9 FTE to the division of professions and
30 occupations for personal services and temporary contract personnel;
31 (b) $5,088 to the division of professions and occupations for
32 operating expenses and capital outlay;
33 (c) $829 to the division of professions and occupations for
34 printing and imaging;
35 (d) $16,995 to the executive director's office and administrative
36 services for the purchase of legal services; and
37 (e) $5,180 to the executive director's office and administrative
38 services for the purchase of computer center services.
39 (2) In addition to any other appropriation, there is hereby
40 appropriated to the department of law, for the fiscal year beginning July
41 1, 2013, the sum of $16,995, or so much thereof as may be necessary, for
42 the provision of legal services for the department of regulatory agencies
43 related to the implementation of this act. Said sum is from reappropriated
44 funds received from the department of regulatory agencies out of the
45 appropriation made in paragraph (d) of subsection (1) of this section.
46 (3) In addition to any other appropriation, there is hereby
47 appropriated to the governor - lieutenant governor - state planning and
48 budgeting, for the fiscal year beginning July 1, 2013, the sum of $5,180,
49 or so much thereof as may be necessary, for allocation to the office of
50 information technology, for the provision of computer center services for
51 the department of regulatory agencies related to the implementation of
52 this act. Said sum is from reappropriated funds received from the
53 department of regulatory agencies out of the appropriation made in
54 paragraph (e) of subsection (1) of this section.".
55
56 Page 21, line 17, strike "SECTION 4." and substitute "SECTION 5.".
1 Page 21, after line 26 insert:
2
3 "Page 1 of the bill, line 101, strike "DOCTORS." and subtitute "DOCTORS,
4 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
5
6
 

Fiscal Note 

GINAL / NEWELL  Oppose Regulate Naturopathic Doctors C.001 
HB13-11144/22/2013 04/22/2013 Senate Committee on Judiciary Postpone Indefinitely
In any DUI prosecution, if at the time of driving or within a reasonable time thereafter, the driver's blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant's blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs. Under current law, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. The bill removes this presumption and states instead that such fact gives rise to a permissible inference that the defendant was under the influence of alcohol. The bill removes instances of the term "habitual user" from the traffic code. No Third Reading floor votes found for this bill
5 Amendment No. 1, Judiciary Report, dated February 26, 2013, and placed
6 in member's bill file; Report also printed in House Journal, February 27,
7 2013, page(s) 421-422.
8
9 Amendment No. 2, Appropriations Report, dated April 1, 2013, and
10 placed in member's bill file; Report also printed in House Journal, April
11 1, 2013, page(s) 745-746.
12
13 Amendment No. 3, by Representative(s) Salazar.
14
15 Amend printed bill, page 2, line 3, after "(6) (a) (IV)" insert "and (6) (j)".
16
17 Page 4, after line 4 insert:
18
19 "(j) IN ANY TRIAL FOR A VIOLATION OF THIS SECTION, IF, AT THE
20 TIME OF THE ALLEGED OFFENSE, THE PERSON POSSESSED A VALID MEDICAL
21 MARIJUANA REGISTRY IDENTIFICATION CARD, AS DEFINED IN SECTION
22 25-1.5-106 (2) (e), C.R.S., ISSUED TO HIMSELF OR HERSELF, THE
23 PROSECUTION SHALL NOT USE SUCH FACT AS PART OF THE PROSECUTION'S
24 CASE IN CHIEF.".
25
26 Amendment No. 4, by Representative(s) Salazar.
27
28 Amend printed bill, page 2, line 4, after "(6) (j)" insert "and (6) (k)".
29
30 Page 4, after line 4 insert:
31
32 "(k) IN ANY TRAFFIC STOP, THE DRIVER'S POSSESSION OF A VALID
33 MEDICAL MARIJUANA REGISTRY IDENTIFICATION CARD, AS DEFINED IN
34 SECTION 25-1.5-106 (2) (e), C.R.S., ISSUED TO HIMSELF OR HERSELF SHALL
35 NOT, IN THE ABSENCE OF OTHER CONTRIBUTING FACTORS, CONSTITUTE
36 PROBABLE CAUSE FOR A PEACE OFFICER TO REQUIRE THE DRIVER TO
37 SUBMIT TO AN ANALYSIS OF HIS OR HER BLOOD.".
38
39 As amended, ordered engrossed and placed on the Calendar for Third
40 Reading and Final Passage.
41
42
 

Fiscal Note 

WALLER   Inferences For Marijuana And Driving Offenses  
HB13-11155/28/2013 05/28/2013 Governor Action - Signed
The bill recognizes that as a result of the passage of health care reform by the federal government, Colorado residents termed "high risk" for purposes of health insurance coverage will be able to obtain health insurance coverage regardless of preexisting medical conditions. Therefore, there is no reason for the continued existence of the CoverColorado program. The bill provides for the repeal of CoverColorado, effective March 31, 2015. Prior to the repeal, the bill requires the board of directors of CoverColorado to develop an orderly plan for cessation of the program including: * Cessation of enrollment of new participants for coverage after December 1, 2013; * Termination of health care coverage for existing participants, effective April 1, 2014; * Payment or settlement of claims for covered services and all other outstanding liabilities by December 31, 2014; and * By March 31, 2015, final disposition of all remaining funds in any account of the program. No Third Reading floor votes found for this bill
36 HB13-1115 be amended as follows, and as so amended, be referred to
37 the Committee on Finance with favorable
38 recommendation:
39
40 Amend page 4, strike line 2, and substitute "ACCOUNT OF THE PROGRAM.
41 THE BOARD SHALL FIRST TRANSFER TWENTY-FIVE PERCENT OF THE
42 REMAINING FUNDS TO THE NONPROFIT UNINCORPORATED PUBLIC ENTITY
43 CREATED IN ARTICLE 22 OF THIS TITLE. THE BOARD SHALL THEN TRANSFER
44 THE AMOUNT REMAINING TO A COLORADO NONPROFIT FOUNDATION".
45
46
47 Page 4, after line 7 insert:
48
49 "(3) LOSS OF COVERAGE UNDER THE COVERCOLORADO PROGRAM
50 UNDER PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION IS A LOSS OF
51 MINIMUM ESSENTIAL COVERAGE FOR PURPOSES OF ENROLLMENT IN THE
52 COLORADO HEALTH BENEFIT EXCHANGE, CREATED UNDER ARTICLE 22 OF
53 THIS TITLE.".
54
55
56 Page 6, strike line 13 and substitute "(13.7) (d) and (36.3) as follows:".
1 Page 6, after line 19, insert:
2
3 "(36.3) "Qualifying event" includes birth, adoption, marriage,
4 dissolution of marriage, loss of employer-sponsored insurance, loss of
5 eligibility under the "Colorado Medical Assistance Act", articles 4, 5, and
6 6 of title 25.5, C.R.S., loss of eligibility under the children's basic health
7 plan, article 8 of title 25.5, C.R.S., entry of a valid court or administrative
8 order mandating the child be covered, or involuntary loss of other existing
9 coverage for any reason other than fraud, misrepresentation, or failure to
10 pay a premium. FOR THE PURPOSES OF THIS SUBSECTION (36.3), LOSS OF
11 COVERAGE UNDER THE COVERCOLORADO PROGRAM DUE TO THE
12 PROGRAM'S TERMINATION IS AN INVOLUNTARY LOSS OF EXISTING
13 COVERAGE.".
14
15 Page 7, line 7, strike "amend" and substitute "repeal".
16
17 Page 7, strike lines 13 through 16 and substitute:
18
19 "(a) "Carrier" shall have the same meaning as set forth in section
20 10-16-102 and shall include CoverColorado, established in section
21 10-8-504, and any carrier offering a health benefit plan to participants in
22 CoverColorado.".
23
24 Page 8, after line 16 insert:
25
26 "SECTION 12. In Colorado Revised Statutes, 10-18-103, amend
27 (5) as follows:
28 10-18-103. Standards for policy provisions - guarantee issue.
29 (5) The guaranteed issue period for a medicare supplement policy shall
30 not be for less than six months after a previous policy has been
31 involuntarily terminated for reasons other than nonpayment of premiums
32 or for fraud or abuse. FOR PURPOSES OF THIS SUBSECTION (5),
33 TERMINATION OF COVERAGE IN THE COVERCOLORADO COORDINATION OF
34 BENEFITS PLAN DUE TO THE PLAN'S TERMINATION IS AN INVOLUNTARY
35 TERMINATION OF A PREVIOUS POLICY.".
36
37 Renumber succeeding sections accordingly.
38
39 Page 11, line 4, strike "14, 15, and 16" and substitute "15, 16, and 17".
40
41
 

Fiscal Note 

MCCANN / STEADMAN   CoverColorado Repeal  
HB13-11215/2/2013 05/02/2013 Senate Committee on Health & Human Services Postpone Indefinitely
C.001 Amendment No. 2 No Third Reading floor votes found for this bill
9 Amendment No. 1, Health, Insurance & Environment Report, dated
10 February 14, 2013, and placed in member's bill file; Report also printed
11 in House Journal, February 14, 2013, page(s) 275.
12
13 Amendment No. 2, by Representative(s) Murray.
14
15 Amend proposed Health, Insurance & Environment committee report,
16 dated February 12, 2013, page 1, before line 1 insert:
17
18 "Amend printed bill, page 4, line 8, strike "conditions." and substitute
19 "conditions - repeal.".
20
21 Page 4, line 25, strike "PRODUCT FOR" and substitute "PRODUCT; AND".
22
23 Page 4, strike line 26.".
24
25 Page 1 of the committee report, line 1, strike "Amend printed bill, page"
26 and substitute "Page".
27
28 Page 1 of the committee report, after line 2 insert:
29
30 "Page 5 of the bill, line 12, after "(A)." add "THIS SUB-SUBPARAGRAPH
31 (A) IS REPEALED, EFFECTIVE THREE YEARS AFTER THE DATE ON WHICH THE
32 FDA FIRST APPROVES A BIOSIMILAR PRODUCT AS INTERCHANGEABLE WITH
33 A SPECIFIC BIOLOGICAL PRODUCT. THE BOARD SHALL NOTIFY THE REVISOR
34 OF STATUTES IN WRITING OF THE DATE ON WHICH FDA APPROVAL
35 OCCURS.".".
36
37 As amended, ordered engrossed and placed on the Calendar for Third
38 Reading and Final Passage.
39
 

Fiscal Note 

SCHAFER / HEATH  Monitor Pharmacist Substitute Biosimilar Products  
HB13-11312/27/2013 02/27/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
The bill outlaws: * The performance of an abortion for the purposes of sex selection; * Coercion of an abortion for the purposes of sex selection; * Solicitation or acceptance of funds for the performance of an abortion for the purposes of sex selection; or * Transporting a woman into Colorado so the woman can receive an abortion for the purposes of sex selection. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

SAINE / HARVEY  Monitor Ban Sex-selection Abortions 100.998 
HB13-11525/3/2013 05/03/2013 Governor Action - Signed
Joint Budget Committee. The bill reduces the general fund portion of the per diem rate paid to nursing facilities commencing in the 2013-14 fiscal year and continuing in each fiscal year thereafter. Additionally, the bill repeals obsolete provisions. No Third Reading floor votes found for this bill
8 HB13-1152 be amended as follows, and as so amended, be referred to
9 the Committee of the Whole with favorable
10 recommendation:
11
12 Amend printed bill, page 3, after line 17 insert:
13
14 "SECTION 2. Appropriation - adjustments to 2013 long bill.
15 (1) For the implementation of this act, appropriations made in the annual
16 general appropriation act to the department of health care policy and
17 financing for medical service premiums for the fiscal year beginning July
18 1, 2013, are adjusted as follows:
19 (a) The general fund appropriation is decreased by $4,867,854.
20 (b) The federal funds appropriation is decreased by $4,867,854.".
21
22 Renumber succeeding section accordingly.
23
24 Page 1, line 102, strike "FACILITIES." and substitute "FACILITIES, AND,
25 IN CONNECTION THEREWITH, REDUCING AN APPROPRIATION.".
26
27
 

Fiscal Note 

LEVY / HODGE  Monitor Nursing Facility Per Diem Rates 240.999 
HB13-11546/5/2013 06/05/2013 Governor Action - Signed
The bill creates a new article for offenses against pregnant women. The new offenses are unlawful termination of a pregnancy in the first degree, unlawful termination of a pregnancy in the second degree, unlawful termination of a pregnancy in the third degree, unlawful termination of a pregnancy in the fourth degree, vehicular unlawful termination of a pregnancy, aggravated vehicular unlawful termination of a pregnancy, and careless driving resulting in unlawful termination of a pregnancy. The bill makes it clear that a court can impose consecutive sentences for a violation of this act and other associated convictions. The bill excludes from prosecution medical care for which the mother provided consent. The bill does not confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth. The bill repeals the criminal abortion statutes. The bill makes conforming amendments. No Third Reading floor votes found for this bill
12 HB13-1154 be amended as follows, and as so amended, be referred to
13 the Committee of the Whole with favorable
14 recommendation:
15
16 Amend printed bill, page 17, strike lines 15 through 21 and substitute:
17
18 "SECTION 8. In Colorado Revised Statutes, add 17-18-108 as
19 follows:
20 17-18-108. Appropriation to comply with section 2-2-703 - HB
21 13-1154 - repeal. (1) PURSUANT TO SECTION 2-2-703, C.R.S., THE
22 FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY
23 BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HOUSE BILL 13-1154,
24 ENACTED IN 2013:
25 (a) FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, IN ADDITION TO
26 ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
27 DEPARTMENT, OUT OF ANY MONEYS IN THE GENERAL FUND NOT
28 OTHERWISE APPROPRIATED, THE SUM OF ONE HUNDRED TWENTY-FOUR
29 THOUSAND SIXTY-THREE DOLLARS ($124,063).
30 (b) FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, IN ADDITION TO
31 ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
32 DEPARTMENT, OUT OF ANY MONEYS IN THE GENERAL FUND NOT
33 OTHERWISE APPROPRIATED, THE SUM OF ONE HUNDRED TWENTY-ONE
34 THOUSAND SEVEN HUNDRED SEVENTY-THREE DOLLARS ($121,773).
35 (c) FOR THE FISCAL YEAR BEGINNING JULY 1, 2016, IN ADDITION TO
36 ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
37 DEPARTMENT, OUT OF ANY MONEYS IN THE GENERAL FUND NOT
38 OTHERWISE APPROPRIATED, THE SUM OF SEVENTY-SIX THOUSAND SIX
39 HUNDRED FIFTY-FIVE DOLLARS ($76,655).
40
41 (d) FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, IN ADDITION TO
42 ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
43 DEPARTMENT, OUT OF ANY MONEYS IN THE GENERAL FUND NOT
44 OTHERWISE APPROPRIATED, THE SUM OF SEVENTY-SIX THOUSAND SIX
45 HUNDRED FIFTY-FIVE DOLLARS ($76,655).
46 (2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2018.".
47
48 Page 1, line 101, strike "WOMEN." and substitute "WOMEN, AND, IN
49 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
50
51
 

Fiscal Note 

FOOTE / STEADMAN   Crimes Against Pregnant Women Act  
HB13-11715/28/2013 05/28/2013 Governor Action - Signed
The governing authority of public and nonpublic schools may adopt a policy to authorize the school nurse or other designated school personnel to administer an epinephrine auto-injector to any student that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis, in accordance with a standing protocol from a licensed physician, physician's assistant, or advance practice nurse with prescriptive authority, and regardless of whether the student has a prescription for an epinephrine auto-injector. Schools may acquire and maintain a stock supply of epinephrine auto-injectors. A governing authority of a school may enter into arrangements with manufacturers or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market or reduced prices or for free. The state board of education, with assistance from the department of public health and environment, is required to adopt rules on the management of students with life-threatening allergies, training of users of epinephrine auto-injectors, and on the reporting of incidences of anaphylaxis and the administration of epinephrine auto-injectors. The bill requires a public school that obtains epinephrine auto-injectors to meet the rules on training, maintenance, and physician involvement requirements. The department of education shall develop and publish an annual report compiling, summarizing, and analyzing all incident reports submitted to the department. The bill limits the liability of a public or nonpublic school and a good-faith user of an epinephrine auto-injector in emergency situations in school settings when the school has adopted a policy on the administration of epinephrine auto-injectors in accordance with a standing protocol. To qualify for the limited immunity protection, a nonpublic school must follow the state board of education's rules on training, maintenance, and physician-involvement requirements. The bill extends the limited immunity under current law available to a public school to a nonpublic school when a student self-administers an epinephrine auto-injector pursuant to an approved treatment plan. No Third Reading floor votes found for this bill
49 Amendment No. 1, Public Health Care & Human Services Report, dated
50 February 12, 2013, and placed in member's bill file; Report also printed
51 in House Journal, February 13, 2013, page(s) 277.
52
53 Amendment No. 2, Appropriations Report, dated April 1, 2013, and
54 placed in member's bill file; Report also printed in House Journal, April
55 1, 2013, page(s)746 .
56
1 Amendment No. 3, by Representative(s) Primavera.
2
3 Amend printed bill, page 3, line 11, strike "PHYSICIAN'S" and substitute
4 "PHYSICIAN".
5
6 Page 3, line 26, strike "PHYSICIAN'S" and substitute "PHYSICIAN".
7
8 As amended, ordered engrossed and placed on the Calendar for Third
9 Reading and Final Passage.
 

Fiscal Note 

PRIMAVERA / TODD  Monitor Emergency Use Of Epinephrine Injectors In Schools  
HB13-11752/19/2013 02/19/2013 House Committee on Public Health Care & Human Services Postpone Indefinitely
The bill limits the expansion of the medicaid program to newly eligible persons until such time as the general fund appropriation to higher education is at least $747,000,000. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

DELGROSSO  Monitor Higher Ed Funding Before Medicaid Expansion 240.999 
HB13-11993/22/2013 03/22/2013 Governor Action - Signed
The bill clarifies what types of continuing care retirement communities are exempt from paying the nursing home provider fee (fee), and clarifies the authority of the department of health care policy and financing to collect the fee and the timing of the fee. The bill changes the frequency of when nursing facility providers are required to report certain information from monthly to annually. No Third Reading floor votes found for this bill
34 HB13-1199 be amended as follows, and as so amended, be referred to
35 the Committee of the Whole with favorable
36 recommendation:
37
38 Amend printed bill, page 2, after line 1 insert:
39
40 "SECTION 1. Legislative declaration. (1) The general assembly
41 hereby finds and declares:
42
43 (a) The changes to section 25.5-6-203 (1) (c) (I), Colorado
44 Revised Statutes, are not intended to enact a change in either the intent of
45 the existing statute or the way the existing statute is interpreted or
46 implemented by the department of health care policy and financing; and
47 (b) The changes are only intended to clarify the existing statute.".
48
49 Renumber succeeding sections accordingly.
50
51 Page 2, line 19, strike "AND" and substitute "OR THAT PROVIDE ASSISTED
52 LIVING SERVICES".
53
54 Page 2, line 20, strike "WEEK ASSISTED LIVING SERVICES." and substitute
55 "WEEK.".
 

Fiscal Note 

PETTERSEN / KEFALAS  Monitor Nursing Home Provider Fee Statute 240.999 
HB13-12024/8/2013 04/08/2013 Governor Action - Signed
The bill adds counseling by medicaid providers relating to medical orders for scope of treatment to the services included in the medicaid program. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

GEROU  Support Counseling Relating To Scope Of Treatment Medicaid 185.992(9) 
HB13-12155/8/2013 05/08/2013 House Consideration of First Conference Committee Report result was to Other
Effective July 1, 2013, the bill: * Prohibits the use of artificial tanning devices by minors under 15 years of age unless the use is prescribed by a physician; and * Requires a signed parental consent form or physician prescription for minors 15 years of age or older but under 18 years of age to use an artificial tanning device. A parental consent form is valid for 6 months unless the parent withdraws his or her consent. The department of public health and environment is to develop a consent form that details the health risks associated with the use of artificial tanning devices. Owners, operators, and employees of artificial tanning devices are subject to penalties of up to $200 for each failure to comply with the requirements of the bill. No Third Reading floor votes found for this bill
18 Amendment No. 1, Health, Insurance & Environment Report, dated
19 March 14, 2013, and placed in member's bill file; Report also printed in
21
22 Amendment No. 2, by Representative(s) Peniston.
23
24 Amend printed bill, page 4, line 16, strike "(8), "MINOR MEANS A" and
25 substitute "(8):
26
27 (I) "MINOR" MEANS A".
28
29 Page 4, line 18, strike "C.R.S." and substitute "C.R.S.; AND
30
31 (II) "OPERATOR" MEANS THE PERSON RESPONSIBLE FOR OPERATING
32 AND MANAGING A TANNING FACILITY BUSINESS ON BEHALF OF THE OWNER
33 OF THE TANNING FACILITY.".
34
35 As amended, ordered engrossed and placed on the Calendar for Third
36 Reading and Final Passage.
37
 

Fiscal Note 

PENISTON / TOCHTROP  Support Restrict Minors Access Artificial Tanning Devices Defer to Pediatricians 
HB13-12455/23/2013 05/23/2013 Governor Action - Signed
On and after January 1, 2014, in order to fund the Colorado health benefit exchange, the bill allows: * The health benefit exchange board of directors to assess against small group and individual health insurers in an amount necessary to provide for the sustainability of the exchange; and * A credit against the tax imposed against insurance companies to any insurance company that becomes a qualified taxpayer by making a contribution to the exchange. No Third Reading floor votes found for this bill
21 HB13-1245 be amended as follows, and as so amended, be referred to
22 the Committee on Finance with favorable
23 recommendation:
24
25 Amend printed bill, strike everything below the enacting clause and
26 substitute the following:
27
28 "SECTION 1. In Colorado Revised Statutes, 10-22-103, amend
29 (5) and add (6), (7), (8), (9) (10), and (11) as follows:
30 10-22-103. Definitions. As used in this article, unless the context
31 otherwise requires:
32 (5) "Secretary" means the secretary of the United States
33 department of health and human services "GROUP HEALTH PLAN" MEANS
100234 AN EMPLOYEE WELFARE BENEFIT PLAN AS DEFINED IN 29 U.S.C. SEC.
35 (1) OF THE FEDERAL "EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
36 1974" TO THE EXTENT THAT THE PLAN PROVIDES HEALTH CARE SERVICES,
37 INCLUDING ITEMS AND SERVICES PAID FOR AS HEALTH CARE SERVICES, TO
38 EMPLOYEES OR THEIR DEPENDENTS DIRECTLY OR THROUGH INSURANCE
39 REIMBURSEMENT OR OTHERWISE. A "GROUP HEALTH PLAN" INCLUDES A
40 GOVERNMENT OR CHURCH PLAN.
41 (6) "HEALTH BENEFIT PLAN" HAS THE SAME MEANING SET FORTH
42 IN SECTION 10-16-102; EXCEPT THAT THE TERM INCLUDES A DENTAL PLAN.
43 (7) "INSURER" MEANS ANY ENTITY THAT PROVIDES GROUP HEALTH
44 PLANS OR INDIVIDUAL HEALTH BENEFIT PLANS SUBJECT TO INSURANCE
45 REGULATION IN THIS STATE, AS WELL AS ANY ENTITY THAT DIRECTLY OR
46 INDIRECTLY PROVIDES STOP-LOSS OR EXCESS LOSS INSURANCE TO A
47 SELF-INSURED GROUP HEALTH PLAN INCLUDING A PROPERTY AND
48 CASUALTY INSURANCE COMPANY.
49 (8) "MEDICAID" MEANS FEDERAL INSURANCE OR ASSISTANCE AS
50 PROVIDED BY TITLE XIX OF THE FEDERAL "SOCIAL SECURITY ACT", AS
51 AMENDED.
52 (9) "MEDICARE" MEANS FEDERAL INSURANCE OR ASSISTANCE AS
53 PROVIDED BY TITLE XVIII OF THE FEDERAL "SOCIAL SECURITY ACT", AS
54 AMENDED.
55 (10) "NUMBER OF LIVES INSURED" MEANS THE NUMBER OF
56 EMPLOYEES AND RETIRED EMPLOYEES AND INDIVIDUAL POLICYHOLDERS
11 OR SUBSCRIBERS IN THE INDIVIDUAL AND GROUP MARKETS ON MARCH
2 OF THE PREVIOUS CALENDAR YEAR FOR WHICH A SPECIAL FEE IS BEING
3 ASSESSED. FOR INSURERS PROVIDING STOP-LOSS, EXCESS LOSS, OR
4 REINSURANCE, "NUMBER OF LIVES INSURED" DOES NOT INCLUDE
5 EMPLOYEES, RETIRED EMPLOYEES, OR INDIVIDUAL POLICYHOLDERS OR
6 SUBSCRIBERS WHO HAVE BEEN COUNTED BY THE PRIMARY INSURER OR
7 PRIMARY REINSURER.
8 (11) "SECRETARY" MEANS THE SECRETARY OF THE UNITED STATES
9 DEPARTMENT OF HEALTH AND HUMAN SERVICES.
10 SECTION 2. In Colorado Revised Statutes, 10-22-107, amend
11 (1) and (7) as follows:
12 10-22-107. Legislative health benefit exchange implementation
13 review committee - creation - duties. (1) For the purposes of guiding
14 implementation of an exchange in Colorado, making recommendations
15 to the general assembly, and ensuring that the interests of Coloradans are
16 protected and furthered, there is hereby created the legislative health
17 benefit exchange implementation review committee. The committee shall
18 meet on or before August 1, 2011, and thereafter at the call of the chair
19 as often as AT LEAST TWO TIMES DURING EACH CALENDAR YEAR, BUT NO
20 MORE THAN five times during each calendar year. The committee may use
21 the legislative council staff to assist its members in researching any
22 matters.
23 (7) THE BOARD SHALL SEND THE COMMITTEE AN ANNUAL REPORT
24 THAT CONTAINS THE FINANCIAL AND OPERATIONAL PLANS OF THE
25 EXCHANGE. The committee shall review the financial and operational
26 plans of the exchange.
27
28 SECTION 3. In Colorado Revised Statutes, amend 10-22-108 as
29 follows:
30 10-22-108. Moneys for implementation, operation, and
31 sustainability of the exchange. Moneys received by the board for the
32 implementation of this article, AND FOR BUILDING RESERVES FOR THE
33 OPERATION AND SUSTAINABILITY OF THE EXCHANGE PURSUANT TO
34 SECTION 10-22-109, must be transferred directly to the exchange for the
35 purposes of this article. The board shall deposit any moneys received in
36 a banking institution within or outside the state. Moneys from the general
37 fund shall not be used for the implementation of this article, except for
38 the sums specified in section 10-22-107 (3) and for legislative staff
39 agency services. The ACCOUNT OF THE banking institution must be
40 insured by the federal deposit insurance corporation and compliant with
41 the "Savings and Loan Association "Public Deposit Protection Act",
42 article 47 10.5 of title 11, C.R.S.
43 SECTION 4. In Colorado Revised Statutes, add 10-22-109,
44 10-22-110, and 10-22-111 as follows:
45 10-22-109. Funding for the operation of the exchange and
46 reserves - special fees - rules. (1) ON AND AFTER JANUARY 1, 2014,
47 AMONG OTHER FUNDING SOURCES DERIVED THROUGH THE OPERATION OF
48 THE EXCHANGE, FUNDING FOR THE EXCHANGE MAY BE FROM THE
49 FOLLOWING SOURCES:
50 (a) SPECIAL FEES ASSESSED AGAINST INSURERS AS PROVIDED IN
51 SUBSECTION (2) OF THIS SECTION; AND
52 (b) ANY MONEYS ACCEPTED THROUGH GIFTS, GRANTS, OR
53 DONATIONS RECEIVED BY THE BOARD FOR OPERATION, RESERVES, AND
54 SUSTAINABILITY OF THE EXCHANGE, INCLUDING CONTRIBUTIONS RECEIVED
55 PURSUANT TO THE PREMIUM TAX CREDIT ALLOCATION IN SECTION
56 10-22-110.
1 (2) (a) ON AND AFTER JANUARY 1, 2014, THROUGH DECEMBER 31,
2 2016, THE BOARD SHALL ASSESS SPECIAL FEES AGAINST INSURERS IN AN
3 AMOUNT NECESSARY TO PROVIDE FUNDING FOR THE EXCHANGE. THE
4 BOARD SHALL DETERMINE THE AMOUNT OF THE SPECIAL FEES BASED ON
5 THE BOARD-APPROVED FINANCIAL PLAN AND ANTICIPATED BUDGETARY
6 NEEDS FOR THE UPCOMING YEAR TO COMPLY WITH THIS ARTICLE AND
7 ASSOCIATED FEDERAL REQUIREMENTS. THE SPECIAL FEES MUST NOT
8 EXCEED ONE DOLLAR AND EIGHTY CENTS PER NUMBER OF LIVES INSURED
9 PER MONTH; EXCEPT THAT THE SPECIAL FEES ASSESSED FOR LIVES INSURED
10 UNDER DENTAL PLANS MUST NOT EXCEED EIGHTEEN CENTS PER NUMBER
11 OF LIVES INSURED PER MONTH. THE BOARD SHALL USE SPECIAL FEES
12 ASSESSED PURSUANT TO THIS SECTION FOR THE OPERATING EXPENSES OF
13 THE EXCHANGE, THE RESERVES OF THE EXCHANGE, AND RELATED
14 AGREEMENTS.
15 (b) THE BOARD SHALL USE ANY MONEY RECEIVED PURSUANT TO
16 SECTION 10-8-536 (2), AS ENACTED IN HOUSE BILL 13-1115, ENACTED IN
517 2013, FROM THE RESERVES OF COVERCOLORADO, AS CREATED BY PART
18 OF ARTICLE 8 OF TITLE 10, TO OFFSET THE AMOUNT OF THE FEES ASSESSED
19 AGAINST INSURERS PURSUANT TO THIS SUBSECTION (2); EXCEPT THAT THE
20 MONEY RECEIVED MUST NOT BE USED TO OFFSET THE SPECIAL FEES PAID
21 BY DENTAL PLANS.
22 (c) AMOUNTS ASSESSED AGAINST INSURERS TO BE PAID TO THE
23 EXCHANGE PURSUANT TO THIS SUBSECTION (2) ARE NOT CONSIDERED
24 PREMIUMS FOR ANY PURPOSE, INCLUDING THE COMPUTATION OF GROSS
25 PREMIUM TAX OR AGENTS'S COMMISSION.
26 (d) IF AN INSURER FAILS TO PAY THE SPECIAL ASSESSMENT FEE,
27 THE COMMISSIONER MAY, AFTER PROPER NOTICE AND HEARING, SUSPEND
28 OR REVOKE THE INSURER'S CERTIFICATE OF AUTHORITY TO TRANSACT
29 INSURANCE BUSINESS IN THIS STATE.
30 (3) THE COMMISSIONER SHALL PROMULGATE RULES TO IMPLEMENT
31 THIS SECTION THAT INCLUDE:
32 (a) THE REASONABLE TIME PERIODS FOR THE BILLING AND
33 COLLECTION OF THE SPECIAL FEES; AND
34 (b) THE PROCESS FOR DETERMINING THE ALLOCATION OF THE
35 ASSESSMENT AMONG INSURERS, INCLUDING THE PROCESS FOR OBTAINING
36 ACCURATE INFORMATION ABOUT THE NUMBER OF POLICIES ISSUED AND
37 LIVES INSURED BY A INSURER WITHIN THE SIX MONTHS PRIOR TO THE
38 ASSESSMENT.
39 10-22-110. Tax credit for contributions to the exchange -
40 allocation notice - rules. (1) (a) FOR THE TAX YEAR 2014 AND EACH TAX
41 YEAR THEREAFTER, IS ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY
42 SECTIONS 10-3-209 AND 10-6-128 TO ANY INSURANCE COMPANY THAT
43 BECOMES A QUALIFIED TAXPAYER BY MAKING A CONTRIBUTION TO THE
44 EXCHANGE PURSUANT TO THIS SECTION.
45 (b) A QUALIFIED TAXPAYER CLAIMING A CREDIT AGAINST PREMIUM
46 TAX LIABILITY UNDER THIS SECTION IS NOT REQUIRED TO PAY ANY
47 ADDITIONAL RETALIATORY TAX AS A RESULT OF CLAIMING THE CREDIT.
48 (2) THE COMMISSIONER MAY PROMULGATE RULES NECESSARY FOR
49 THE ADMINISTRATION OF THE TAX CREDIT ALLOWED BY SUBSECTION (1)
50 OF THIS SECTION IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S.
51 (3) (a) SUBJECT TO PARAGRAPH (c) OF SUBSECTION (4) OF THIS
52 SECTION, AN INSURANCE COMPANY SHALL BECOME A QUALIFIED
53 TAXPAYER IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
54 (I) THE INSURANCE COMPANY DECLARES WITH ITS QUARTERLY TAX
55 PAYMENT DUE ON OR ABOUT JULY 31 IN THE MANNER PRESCRIBED BY THE
56 COMMISSIONER ITS INTENT TO CONTRIBUTE TO THE EXCHANGE ON OR
1 BEFORE OCTOBER 31 AN AMOUNT OF MONEY EQUAL TO THE PREMIUM
2 TAXES PAID BY THE COMPANY PURSUANT TO THE JULY 31 TAX PAYMENT
3 OR A LESSER AMOUNT AS SPECIFIED BY THE COMMISSIONER IF REQUIRED
4 PURSUANT TO PARAGRAPH (b) OF SUBSECTION (4) OF THIS SECTION;
5 (II) THE TOTAL AMOUNT OF THE TAX CREDITS GRANTED BY THE
6 COMMISSIONER DOES NOT EXCEED FIVE MILLION DOLLARS; AND
7 (III) THE INSURANCE COMPANY RECEIVES AN ALLOCATION NOTICE
8 FROM THE COMMISSIONER AND THE INSURANCE COMPANY MAKES THE
9 CONTRIBUTION TO THE EXCHANGE AS SPECIFIED IN THE ALLOCATION
10 NOTICE ON OR BEFORE OCTOBER 31.
11 (b) SUBJECT TO PARAGRAPH (c) OF SUBSECTION (4) OF THIS
12 SECTION, AN INSURANCE COMPANY BECOMES A QUALIFIED TAXPAYER MAY
13 CLAIM THE TAX CREDIT ON ONE OR MORE SUBSEQUENT QUARTERLY OR
14 ANNUAL TAX PAYMENTS BEGINNING ON OR ABOUT OCTOBER 31.
15 (c) THE BOARD SHALL PROMPTLY NOTIFY THE COMMISSIONER
16 WHEN IT RECEIVES A CONTRIBUTION PURSUANT TO THIS SECTION OF THE
17 AMOUNT AND DATE OF THE CONTRIBUTION AND THE NAME OF THE
18 CONTRIBUTOR.
19 (4) (a) SUBJECT TO PARAGRAPH (c) OF THIS SUBSECTION (4), BY
20 SEPTEMBER 30 OF EACH YEAR, THE COMMISSIONER SHALL:
21 (I) SEND AN ALLOCATION NOTICE TO EACH INSURANCE COMPANY
22 WHOSE DECLARATION OF INTENT TO CONTRIBUTE TO THE EXCHANGE HAS
23 BEEN ACCEPTED PURSUANT TO THIS SUBSECTION (4). THE ALLOCATION
24 NOTICE SHALL SPECIFY THE AMOUNT OF TAX CREDITS ALLOCATED TO THE
25 INSURANCE COMPANY AND THE AMOUNT OF CASH THE INSURANCE
26 COMPANY MUST CONTRIBUTE TO THE EXCHANGE BY OCTOBER 31, WHICH
27 AMOUNTS SHALL BE IDENTICAL AND NOT EXCEED THE AMOUNT OF
28 PREMIUM TAXES PAID BY THE INSURANCE COMPANY IN ITS QUARTERLY
29 TAX PAYMENT DUE ON OR ABOUT JULY 31; AND
30 (II) POST ON THE DIVISION'S WEB SITE WHETHER THE FULL AMOUNT
31 OF TAX CREDITS AUTHORIZED TO BE ALLOCATED EACH YEAR HAS BEEN
32 ALLOCATED.
33 (b) SUBJECT TO PARAGRAPH (c) OF THIS SUBSECTION (4), THE
34 COMMISSIONER SHALL ALLOCATE NO MORE THAN A TOTAL OF FIVE
35 MILLION DOLLARS OF PREMIUM TAX CREDITS PER YEAR. THE
36 COMMISSIONER SHALL ALLOCATE TO AN INSURANCE COMPANY THAT HAS
37 DECLARED ITS INTENT TO CONTRIBUTE TO THE EXCHANGE PURSUANT TO
38 THIS SECTION TAX CREDITS IN AN AMOUNT EQUAL TO THE AMOUNT OF
39 PREMIUM TAXES PAID BY THE INSURANCE COMPANY IN ITS QUARTERLY
40 TAX PAYMENT DUE ON OR ABOUT JULY 31 IN THE ORDER IN WHICH THE
41 DIVISION RECEIVES SUCH QUARTERLY TAX PAYMENTS UNTIL THE FULL
42 AMOUNT OF CREDITS AVAILABLE PURSUANT TO THIS SECTION HAS BEEN
43 ALLOCATED; EXCEPT THAT, IF SUCH AMOUNT OF TAXES OR THE SUM OF ALL
44 THE TAXES FILED BY ALL THE INSURANCE COMPANIES ON ANY ONE DAY
45 WOULD EXCEED, SINGLY OR IN THE AGGREGATE, THE ANNUAL MAXIMUM
46 AGGREGATE AMOUNT OF TAX CREDITS AVAILABLE UNDER THIS SECTION,
47 THE COMMISSIONER SHALL REDUCE THE ALLOCATION TO THE INSURANCE
48 COMPANY WHOSE CONTRIBUTION FIRST EXCEEDS THE ANNUAL MAXIMUM
49 AGGREGATE TO THE AMOUNT NEEDED TO SATISFY THE ANNUAL MAXIMUM
50 AGGREGATE. IF THE COMMISSIONER IS UNABLE TO DETERMINE THE ORDER
51 OF RECEIPT OF TAX PAYMENTS ON THAT DAY, THE COMMISSIONER SHALL
52 ALLOCATE THE TAX CREDITS TO THE COMPANY OR AMONG THE COMPANIES
53 ON A PRO RATA BASIS BASED ON THE RATIO SUCH COMPANY'S QUARTERLY
54 TAX PAYMENT BEARS TO THE TOTAL AMOUNT OF ALL SUCH COMPANIES'
55 QUARTERLY TAX PAYMENTS UNTIL THE FULL AMOUNT OF CREDITS
56 AVAILABLE PURSUANT TO THIS SECTION HAS BEEN ALLOCATED.
1 (c) (I) THE COMMISSIONER SHALL ALLOW INSURANCE COMPANIES
2 TO DECLARE THEIR INTENT TO CONTRIBUTE TO THE EXCHANGE PURSUANT
3 TO THIS SECTION ON THE INSURANCE COMPANIES' QUARTERLY TAX
4 PAYMENTS DUE ON OR ABOUT OCTOBER 31 AND SHALL SEND SUCH
5 COMPANIES ALLOCATION NOTICES BY FEBRUARY 1 IF:
6 (A) THE FULL AMOUNT OF TAX CREDITS AVAILABLE IN ANY ONE
7 YEAR HAVE NOT BEEN FULLY ALLOCATED BY THE COMMISSIONER
8 PURSUANT TO STATEMENTS OF INTENT FILED WITH INSURANCE COMPANIES'
9 QUARTERLY TAX PAYMENTS DUE ON OR ABOUT JULY 31; OR
10 (B) THE TOTAL AMOUNT OF TAX CREDITS HAS BEEN CLAIMED, BUT
11 ONE OR MORE INSURANCE COMPANIES FAILED TO TIMELY MAKE A
12 CONTRIBUTION TO THE EXCHANGE.
13 (II) AN INSURANCE COMPANY THAT DECLARES ITS INTENT TO
14 CONTRIBUTE TO THE EXCHANGE PURSUANT TO THIS PARAGRAPH (c) SHALL
15 MAKE THE CONTRIBUTION TO THE EXCHANGE AS SPECIFIED IN THE
16 ALLOCATION NOTICE ON OR BEFORE MARCH 1 AND MAY CLAIM THE TAX
17 CREDIT ON ONE OR MORE SUBSEQUENT QUARTERLY OR ANNUAL TAX
18 PAYMENTS DUE ON OR ABOUT MARCH 1.
19 (5) THE BOARD SHALL USE MONEYS CONTRIBUTED TO THE
20 EXCHANGE PURSUANT TO THIS SUBSECTION (3) AND INTEREST DERIVED
21 FROM THE DEPOSIT AND INVESTMENT OF THE MONEYS TO OPERATE AND
22 SUSTAIN THE EXCHANGE AND TO BUILD RESERVES.
23 10-22-111. Tax exemption. THE EXCHANGE IS EXEMPT FROM ANY
24 TAX LEVIED BY THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
25 SECTION 5. Safety clause. The general assembly hereby finds,
26 determines, and declares that this act is necessary for the immediate
27 preservation of the public peace, health, and safety.".
28
29
 

Fiscal Note 

MCCANN / STEADMAN  Support Funding Colorado Health Benefit Exchange 185.993 
HB13-12665/13/2013 05/13/2013 Governor Action - Signed
The bill aligns the "Colorado Health Care Coverage Act" (Colorado law) with the federal "Patient Protection and Affordable Care Act of 2010" and the federal "Health Care and Education Reconciliation Act of 2010" (federal law) to give the insurance commissioner the necessary authority to regulate health insurers with respect to new requirements of the federal law. The bill includes the following changes to Colorado law: * Makes defined terms in Colorado law consistent with the requirements of federal law; * Enacts the terms of Colorado's essential health benefits package; * Conforms Colorado's current mandatory coverage provisions to the requirements of federal law; * Requires all individual and small employer health insurance carriers selling health benefit plans in Colorado to issue and renew plans to all eligible individuals; * Conforms Colorado law to federal law requirements for dependent health coverage for persons under 26 years of age; * Prohibits discrimination against licensed or certified health care providers by health insurance carriers in the participation of health care providers in individual or group health benefit plans; * Conforms Colorado law regulating health insurance rates and the filing of health insurance plans to the requirements of federal law; * Aligns Colorado law with federal law for internal and external independent review of adverse determinations of health insurance carriers with respect to denial of benefits; * Consistent with federal law, prohibits carriers offering individual or small employer health benefit plans from imposing any preexisting condition exclusion with respect to coverage; * Makes wellness and prevention program requirements consistent with federal law; * Conforms carrier network adequacy requirements to federal law; and * Authorizes the insurance commissioner to adopt rules necessary to comply with requirements of federal law. No Third Reading floor votes found for this bill
31 HB13-1266 be amended as follows, and as so amended, be referred to
32 the Committee of the Whole with favorable
33 recommendation:
34
35 Amend printed bill, page 8, line 24, strike "10-16-103.3," and substitute
36 "10-16-103.4,".
37
38 Page 84, line 14, strike "organizations" and substitute "organizations
39 CARRIERS".
40
41 Page 84, line 16, strike "organization" and substitute "organization
42 CARRIER".
43
44 Page 85, line 15, after "PLAN" insert "OR COVERAGE".
45
46 Page 86, line 11, strike "FOR THE EMPLOYEE'S" and substitute "ON BEHALF
47 OF ELIGIBLE, COVERED".
48
49 Page 98, line 17, strike "WITH".
50
51 Page 118, line 13, strike "of" and substitute "of".
52
53 Page 130, line 12, strike "ELIGIBLE FOR" and substitute "RECEIVING".
54
55 Page 131, line 1, strike "ELIGIBLE FOR" and substitute "RECEIVING".
56
1 Page 138, line 25, after "(a)" insert "(I)" and strike "RULES TO REQUIRE A"
2 and substitute "RULES, CONSISTENT WITH FEDERAL LAW, TO:
3 (A) REQUIRE A".
4 Page 138, line 27, strike "NETWORK. FOR PURPOSES OF" and substitute
5 "NETWORK; OR
6 (B) ALLOW A CARRIER PROVIDING MANAGED CARE PLANS THAT
7 PROVIDES A MAJORITY OF COVERED PROFESSIONAL SERVICES THROUGH
8 PHYSICIANS EMPLOYED BY THE CARRIER OR THROUGH A SINGLE
9 CONTRACTED MEDICAL GROUP TO COMPLY WITH THE ALTERNATE
10 STANDARD FOR ESSENTIAL COMMUNITY PROVIDERS PERMITTED UNDER
11 FEDERAL LAW.
12 (II) FOR PURPOSES OF".
13
14 Page 147, line 6, strike "OR MEDICAID" and substitute "MEDICAID, OR THE
15 CHILDREN'S BASIC HEALTH PLAN".
16
17
 

Fiscal Note 

MCCANN / AGUILAR  Support Health Insurance Alignment Federal Law  
HB13-12754/11/2013 04/11/2013 House Committee on Health, Insurance & Environment Postpone Indefinitely
Section 1 of the bill directs the state board of health in the department of public health and environment to issue a request for proposals to conduct a review of existing epidemiological data regarding the effects of oil and gas operations on human health in the counties of Larimer, Weld, Boulder, and Arapahoe and one or more control areas. The selected contractor must provide its analysis of the data in a report to the general assembly by March 15, 2014. The contractor must file interim reports with an oversight committee appointed by legislative leadership and the governor. The report must include the committee's recommendation regarding whether a follow-up study to collect and analyze new epidemiological data is warranted. Section 2 authorizes the use of the mill levy on oil and gas production to pay for the review. The final report or an interim report may include a finding regarding whether the division of administration in the department or the Colorado oil and gas conservation commission should enter a cease-and-desist order against continued oil and gas operations, emission of air pollutants, or the discharge of water pollutants from any specifically identified oil and gas facilities. Section 3 directs the division to enter a cease-and-desist order against the continued emission of air pollutants from those facilities if the report finds that it should and the division agrees that it should, section 4 requires the same for the discharge of water pollutants, and section 5 requires the same of the commission. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

GINAL / AGUILAR  Monitor Front Range Oil & Gas Human Health Study  
HB13-12965/16/2013 05/16/2013 Governor Action - Signed
The bill creates the civil commitment statute review task force (task force). The membership and duties of the task force are detailed. The bill also adds a definition of "danger to self and others" and amends the current definition of "gravely disabled", as those definitions relate to civil commitments. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

MCCANN / NEWELL   Civil Commitments And Task Force  
HB13-13095/2/2013 05/02/2013 Senate Committee on Health & Human Services Postpone Indefinitely
The bill requires all sickness and accident insurance policies to provide coverage for breast imaging for all individuals possessing at least one risk factor for breast cancer, including a family history of breast cancer, being 40 years of age or older, or a genetic predisposition to breast cancer. Preventive breast imaging is not subject to copayments, deductibles, or coinsurance. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

PRIMAVERA / NICHOLSON   Health Insurance Coverage For Breast Imaging  
SB13-0061/31/2013 01/31/2013 Senate Committee on Education Postpone Indefinitely
For the 2014-15 budget year, and each budget year thereafter, the bill prohibits the general assembly from expending state moneys to participate in the federal "Affordable Care Act" if the effect of those expenditures is to decrease funding for Colorado's public schools by reducing the state's share of total program funding for school districts and institute charter schools, or by failing to compensate for a reduction in local school funding. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

BALMER   No Reduction In K-12 Education To Expand Medicaid. 240.999 
SB13-0083/29/2013 03/29/2013 Governor Action - Signed
Under current law, a child is eligible for children's basic health plan benefits if he or she has not been on a comparable health plan with an employer paying at least 50% of the cost for at least 3 months. The bill eliminates this waiting period. No Third Reading floor votes found for this bill
After consideration on the merits, the Committee recommends that SB13-008 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, strike lines 7 and 8 and substitute the
following:

"comparable health plan through an employer. with the employer
contributing at least fifty percent of the premium cost. Children who
have".

Page 2, strike lines 11 and 12.

Renumber succeeding section accordingly.


Health &
Human
Services

 

Fiscal Note 

NEWELL / MCCANN  Support Eliminate Waiting Period Under CHP+ 240.996 
SB13-0103/22/2013 03/22/2013 Governor Action - Signed
Under current law, the commission on family medicine (commission) comprises the following members: * The dean of the university of Colorado school of medicine or the dean's designee; * The director of accredited family medicine programs in the state; * A representative of the Colorado academy of family physicians; and * A health care consumer appointed by the governor from each congressional district in the state. The bill adds as members of the commission the deans of all accredited allopathic and osteopathic schools of medicine in the state or their designees. Additionally, the bill clarifies that the limitation on the number of commission members from that same major political party applies only to governor appointees from each of the 7 congressional district in the state and reduces that limitation from 8 to 4 members. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

LUNDBERG / HULLINGHORST  Monitor Dean Allopathic Osteopathic Sch Commn Family Med  
SB13-0145/10/2013 05/10/2013 Governor Action - Signed
A person who acts in good faith to administer an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose event shall be immune from criminal prosecution for, and is not liable for any civil damages for acts or omissions made as a result of, such act. A licensed health care practitioner who is permitted by law to prescribe or dispense an opiate antagonist shall be immune from criminal prosecution for, and is not liable for any civil damages for resulting from: * Such prescribing, dispensing, administering, or distribution; or * Any outcomes resulting from the eventual administration of the opiate antagonist. The prescribing, dispensing, administering, or distribution of an opiate antagonist by a licensed health care practitioner shall not constitute unprofessional conduct if he or she prescribed, dispensed, administered, or distributed the opiate antagonist in a good faith effort to assist: * A person who is experiencing or likely to experience an opiate-related drug overdose event; or * A family member, friend, or other person who is in a position to assist a person who is experiencing or likely to experience an opiate-related drug overdose event. No Third Reading floor votes found for this bill
SB13-014 by Senator(s) Aguilar; --Concerning the use of opiate antagonists to treat persons who
suffer opiate-related drug overdose events, and, in connection therewith, making an
appropriation.

Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, February 15, page(s) 241-244 and placed in members' bill
files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 1, page(s) 369-370 and placed in members' bill files.)

Amendment No. 3(L.006), by Senator Aguilar.

Amend Senate Health & Human Services Committee Report, dated
February 14, 2013, page 6, after line 4, insert:

"SECTION 8. In Colorado Revised Statutes, amend 12-42.5-105
as follows:
12-42.5-105. Rules. (1) The board shall make, adopt, amend, or
repeal rules in accordance with article 4 of title 24, C.R.S., that the board
deems necessary for the proper administration and enforcement of the
responsibilities and duties delegated to the board by this article, including
those relating to nuclear pharmacies.
(2) ON OR BEFORE JANUARY 1, 2014, THE BOARD SHALL ADOPT OR
AMEND RULES AS NECESSARY TO PERMIT THE DISPENSING OF AN OPIATE
ANTAGONIST, AS DEFINED IN SECTION 18-1-712 (5) (d), C.R.S., BY A
PHARMACIST TO A PERSON WHO IS AT INCREASED RISK OF EXPERIENCING
OR LIKELY TO EXPERIENCE AN OPIATE-RELATED DRUG OVERDOSE EVENT,
AS DEFINED IN SECTION 18-1-712 (5) (e), C.R.S., OR TO A FAMILY
MEMBER, FRIEND, OR OTHER PERSON WHO IS IN A POSITION TO ASSIST
SUCH A PERSON, SO LONG AS THE PRESCRIPTION FOR THE OPIATE
ANTAGONIST PROVIDES FOR THE DISPENSING OF THE OPIATE ANTAGONIST
TO SUCH A FAMILY MEMBER, FRIEND, OR OTHER PERSON.".

Renumber succeeding section accordingly.

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


 

Fiscal Note 

AGUILAR  Strongly Support Immunity For Admin Emer Drugs To Overdose Victims C.001 
SB13-0234/19/2013 04/19/2013 Governor Action - Signed
Currently, the "Colorado Governmental Immunity Act" (act) sets as a maximum amount that may be recovered by a person suing a public entity or public employee for loss or injury caused by the entity or employee in any single occurrence, whether from one or more public entities and public employees: * For any injury to one person in any single occurrence, the sum of $150,000; and * For an injury to 2 or more persons in any single occurrence, the sum of $600,000, and, in such circumstances, the act prohibits any single person from recovering in excess of $150,000. To ensure these limitations on damages reflect the effects of inflation since the specific limitations were last increased by the general assembly, the bill increases the damages limitation for any injury to one person in any single occurrence to $478,000. For an injury to 2 or more persons in any single occurrence, the bill increases the damages limitation to $990,000 and further specifies that, in such circumstances, a single person is precluded from recovering in excess of $478,000. The bill further provides that the increased damages amounts are: * Exclusive of interest awarded; and * Adjusted for inflation every 4 years. The bill requires the attorney general to make this required adjustment on an every 4-year basis commencing January 1, 2018, to certify the amount of the adjustment, and to publish the amount of the adjustment on the attorney general's web site. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

CADMAN  Oppose Increase Damages Caps Under CGIA  
SB13-0265/25/2013 05/25/2013 Governor action - signed
Currently, the "Michael Skolnik Medical Transparency Act of 2010" (act) requires most regulated health care providers who are applying for, renewing, reinstating, or reactivating a license, certification, or registration to disclose specified information about their practice history to the director of the division of professions and occupations for inclusion in a publicly available database. The bill adds the following health care providers to the list of providers required to report information to the director, with the requirement taking effect July 1, 2014: * Athletic trainers; * Massage therapists; * Certified nurse aides; * Occupational therapists; * Respiratory therapists; * Pharmacists; * Psychiatric technicians; and * Surgical assistants and surgical technologists. Additionally, the bill removes from the list of health care providers subject to the act hearing aid providers because the state no longer licenses those professionals. No Third Reading floor votes found for this bill
54 SB13-026 be amended as follows, and as so amended, be referred to
55 the Committee on Finance with favorable
56 recommendation:
1 Amend reengrossed bill, page 2, strike line 3 and substitute "(3) (a)
2 (XIX), (4) introductory portion, and (6); add (3)".
3
4 Page 2, strike lines 13 and 14.
5
6 Page 4, after line 3 insert:
7
8 "(6) The director shall make the information specified in
9 subsections (4) and (5) of this section that is submitted by an applicant
10 readily available to the public in a manner that allows the public to search
11 the information by name, license number, board certification or specialty
12 area, if applicable, or city of the applicant's address of record. The
13 director may satisfy this requirement by posting and allowing the ability
14 to search the information on the director's web site or on the web site for
15 the state regulatory board that oversees the applicant's practice. If the
16 information is made available on either web site, the director shall ensure
17 that the web site is updated at least monthly and that the date on which the
18 update occurs is indicated on the web site. IF THE INFORMATION MADE
19 AVAILABLE PURSUANT TO THIS SUBSECTION (6) IS THE SAME OR
20 SUBSTANTIALLY SIMILAR TO INFORMATION THE DIRECTOR MUST MAKE
21 AVAILABLE PURSUANT TO SECTION 12-43.2-102 (3), C.R.S., THE DIRECTOR
22 MAY ELECT TO USE THIS DATABASE AS THE EXCLUSIVE MEANS FOR MAKING
23 THE INFORMATION REQUIRED BY SECTION 12-43.2-102 (3), C.R.S.,
24 PUBLICLY AVAILABLE.".
 

Fiscal Note 

CARROLL  Support Update Michael Skolnik Medical Transparency Act  
SB13-0323/15/2013 03/15/2013 Governor Action - Signed
The bill amends the statutes governing the life and health insurance protection association (association) as follows: Section 1 defines new terms such as "authorized assessment", "impaired insurer", and "principal place of business". Section 2 provides that annuity contracts and certificates under group annuity contracts include allocated funding agreements, structured settlement annuities, and any immediate or deferred annuity contracts. It also says that the association is not obligated to provide coverage for amounts in excess of $5 million for an owner of multiple nongroup policies of life insurance and $300,000 for long-term care insurance. Section 3 requires a majority vote of the board to make meetings or records of the association open to the public. Section 4 establishes that if a member insurer is an impaired insurer, the association may guarantee, assume, or reinsure or cause to be guaranteed, assumed, or reinsured any or all of the policies or contracts of the impaired insurer or provide such moneys, pledges, loans, notes, guarantees, or other means as proper to assure payment of the contractual obligations of the impaired insurer. The protection does not apply when any guaranty protection is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer other than this state. Section 5 provides that if 2 or more assessments are authorized in one calendar year with respect to insurers who become impaired or insolvent in different calendar years, the average annual premiums for purposes of the aggregate assessment percentage limitation is equal and limited to the highest of the 3-year average annual premiums for the applicable account. This section also contains procedures for the protesting of an assessment. Section 6 requires the association's plan of operation to establish procedures whereby a director may be removed for cause, and a policy to address conflicts of interest. Section 7 makes conforming amendments. Section 8 allows the board of directors of the association to notify the commissioner of any information indicating that a member insurer may be impaired or insolvent. Section 9 addresses record-keeping requirements and provides that the association is entitled to receive a disbursement of assets to reimburse it as a credit against contractual obligations. No Third Reading floor votes found for this bill
After consideration on the merits, the Committee recommends that SB13-032 be amended
as follows, and as so amended, be referred to the Committee on with favorable
recommendation.

Amend printed bill, page 13, line 17, strike "(13) (h),".

Page 13, line 18, strike "(13.5),".

Page 23, strike lines 16 through 27.

Page 24, strike lines 1 through 11.


State,
Veterans, &
Military
Affairs
 

Fiscal Note 

JAHN / WILLIAMS   Life And Health Insurance Protection Association  
SB13-0383/22/2013 03/22/2013 Governor Action - Signed
Current law makes certain communications between law enforcement officers and firefighters and their peer support team members confidential for purposes of testifying in court. The bill extends this confidentiality to emergency medical service providers and members of rescue units. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

BALMER  Support Emergency Provider And Rescue Unit Confidentiality  
SB13-0395/25/2013 05/25/2013 Governor action - signed
Since 1996, Colorado has regulated audiologists practicing in the state, first requiring audiologists to register with the division of registrations (division) in the department of regulatory agencies (department), and later requiring audiologists to obtain a license from the division. The regulation of audiologists has been subject to numerous sunset reviews by the department, all of which have recommended continuing the regulation of audiologists in the state. Notwithstanding the recommendation in the 2011 sunset report to continue regulating audiologists, in the 2012 regular session, the general assembly did not enact legislation to continue regulating audiologists. As a result, the regulatory statutes expired on July 1, 2012. The bill reauthorizes the division, now known as the division of professions and occupations, to regulate audiologists. Audiologists will be required to obtain a license to practice audiology in this state, and the bill sets forth the requirements for obtaining a license. The bill establishes grounds and procedures for disciplining audiologists. The director of the division is authorized to implement and administer the bill and adopt rules as necessary to accomplish those purposes. The bill establishes conduct relating to the sale and delivery of hearing aids by hearing aid sellers that constitutes a deceptive trade practice. The regulation of audiologists is subject to sunset review and repeal on September 1, 2020. No Third Reading floor votes found for this bill
SB13-039 by Senator(s) Aguilar; also Representative(s) McCann--Concerning the regulation of
audiologists.

A majority of those elected to the Senate having voted in the affirmative, Senator Aguilar
was given permission to offer a third reading amendment.


Third Reading Amendment No. 1(L.002), by Senator Aguilar.

Amend engrossed bill, page 12, line 16, strike "DEFERRED JUDGMENT
OR".

The amendment passed on the following roll call vote:


 

Fiscal Note 

AGUILAR / MCCANN  Support Regulate Audiology Practice  
SB13-0443/22/2013 03/22/2013 Governor Action - Signed
The bill changes the time when a quality incentive payment is made under a prepaid inpatient health plan agreement from within 6 months to within a reasonable period of time. No Third Reading floor votes found for this bill
14 Amendment No. 1, Public Health Care & Human Services Report, dated
15 March 5, 2013, and placed in member's bill file; Report also printed in
17
18 As amended, ordered revised and placed on the Calendar for Third
19 Reading and Final Passage.
20
21
 

Fiscal Note 

NICHOLSON / CORAM   Prepaid Inpatient Health Plan Incentives  
SB13-0463/22/2013 03/22/2013 Governor Action - Signed
The bill prohibits a dialysis treatment clinic from providing outpatient hemodialysis treatment to a non-end-stage renal disease patient without a referral for treatment from a board-certified or board-eligible nephrologist licensed as a physician in Colorado. It also eliminates the existing requirement that home dialysis only be used in cases of end-stage renal disease. No Third Reading floor votes found for this bill
After consideration on the merits, the Committee recommends that SB13-046 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, page 2, strikes lines 17 through 22 and substitute
"PHYSICIAN IN COLORADO. WHEN MAKING THE REFERRAL, THE
NEPHROLOGIST AND OTHER LICENSED PHYSICIANS WHO CARED FOR THE
PATIENT IN THE HOSPITAL SHALL USE THEIR PROFESSIONAL JUDGMENT TO
DETERMINE WHEN THE PATIENT NO LONGER REQUIRES HOSPITALIZATION
AND MAY RECEIVE OUTPATIENT DIALYSIS.".


Education


 

Fiscal Note 

KEFALAS / PRIMAVERA  Support Dialysis Clinic Authorization Treat Outpatients C.001 
SB13-0562/11/2013 02/11/2013 Senate Committee on Judiciary Postpone Indefinitely
The bill outlaws: * The performance of an abortion for the purposes of sex selection; * Coercion of an abortion for the purposes of sex selection; * Solicitation or acceptance of funds for the performance of an abortion for the purposes of sex selection; or * Transporting a woman into Colorado so the woman can receive an abortion for the purposes of sex selection. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

HARVEY / SAINE  N/A Ban Sex-selection Abortions 325.991 
SB13-0662/4/2013 02/04/2013 Senate Committee on Judiciary Postpone Indefinitely
The Colorado constitution prohibits public funds from being used to pay for, or to reimburse anyone for payment of, an induced abortion. The bill establishes that anyone who directly or indirectly performs an induced abortion, advocates for induced abortions, or provides referrals for induced abortions shall not receive any public moneys from, nor be administered by, the state of Colorado or its agencies or political subdivisions. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

HILL   Taxpayer Abortion Separation Act  
SB13-0795/11/2013 05/11/2013 Governor Action - Signed
Committee on Legal Services. Based on the findings and recommendations of the committee on legal services, the bill extends all state agency rules and regulations that were adopted or amended on or after November 1, 2011, and before November 1, 2012, with the exception of the rules and regulations specifically listed in the bill. Those specified rules and regulations will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2013, on the grounds that the rules and regulations either conflict with statute or lack or exceed statutory authority. The bill repeals, effective May 15, 2013, a rule of the medical services board of the department of health care policy and financing concerning presumptive eligibility of prenatal care clients in the children's basic health plan. The bill repeals, effective May 15, 2013, a rule of the Colorado state board of chiropractic examiners of the department of regulatory agencies concerning the scope of practice of chiropractors. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

MORSE / GARDNER  Support Rule Review Bill Rule 7C repeal 
SB13-1115/16/2013 05/16/2013 Governor Action - Signed
Current law states that specified professionals who have reasonable cause to believe that a person 18 years of age or older who is susceptible to mistreatment, self-neglect, or exploitation because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs (at-risk adult) should report that fact to a county department of social services (county department) or a local law enforcement agency. Under the bill, on and after July 1, 2014, certain professionals (mandatory reporters) who observe the abuse or exploitation of a person who is 70 years of age or older (at-risk elder) or who have reasonable cause to believe that an at-risk elder has been abused or has been exploited and is at imminent risk of abuse or exploitation are required to report such fact to a law enforcement agency within 24 hours after making the observation or discovery. A mandatory reporter who fails to report commits a class 3 misdemeanor. Within 24 hours after receiving a report of abuse or exploitation of an at-risk elder, a law enforcement agency shall notify the at-risk elder's county department and district attorney's office of the report. The law enforcement agency shall complete a criminal investigation when appropriate. Upon completion of an investigation, the law enforcement agency shall provide a report of the investigation to the at-risk elder's county department and a district attorney's office. A person who reports an incident of abuse or exploitation to a law enforcement agency is immune from a civil action or criminal prosecution if the report was made in good faith. A person who knowingly makes a false report commits a class 3 misdemeanor. The new reporting duty does not increase the professional duty of care, if any, that is owed to an at-risk elder by a mandatory reporter. The bill adds physical therapists, emergency medical service providers, chiropractors, and clergy to the list of professionals who are currently urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult. These professions are also included within the new list of mandatory reporters. A person who exercises undue influence to convert or take possession of an at-risk elder's money, assets, or other property commits statutory theft. On or before January 1, 2014, the peace officers standards and training board (P.O.S.T. board) shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk elders. On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum. The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum. On and after January 1, 2014, the state department of human services (state department) shall implement a program to generate awareness among: * The residents of the state regarding the mistreatment, self-neglect, and exploitation of at-risk adults; * The professionals who are urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult; and * Mandatory reporters. On or before December 31, 2016, the state department shall prepare and deliver to the joint budget committee and to the health and human services committee of the senate; the health, insurance, and environment committee of the house of representatives; and the public health care and human services committee of the house of representatives, or to any successor committee, a report concerning the implementation of mandatory reports of abuse and exploitation of at-risk elders. Under current law, for the purposes of enhanced penalties for offenses committed against at-risk adults, an at-risk adult is defined as any person 60 years of age or older or any person 18 years of age or older who is a person with a disability. The bill changes this definition to raise the minimum age of 60 years of age to 70 years of age. The bill repeals provisions concerning protection against financial exploitation of at-risk adults. The bill repeals the elder abuse task force. No Third Reading floor votes found for this bill
After consideration on the merits, the Committee recommends that SB13-111 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, line 8, strike "laws;" and substitute "laws and
provide for criminal penalties for mandatory reporters who fail to report,
provided however there shall not be civil liability for damages
proximately caused by a failure to report such as those allowed under
section 19-3-304 (4), Colorado Revised Statutes;".

Page 6, line 22, after "MEMBERS;" insert "EXCEPT THAT THE REPORTING
REQUIREMENT DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1)
SHALL NOT APPLY TO A PERSON WHO ACQUIRES REASONABLE CAUSE TO
BELIEVE THAT AN AT-RISK ELDER HAS BEEN MISTREATED OR HAS BEEN
EXPLOITED OR IS AT IMMINENT RISK OF MISTREATMENT OR EXPLOITATION
DURING A COMMUNICATION ABOUT WHICH THE PERSON MAY NOT BE
EXAMINED AS A WITNESS PURSUANT TO SECTION 13-90-107 (1) (c),
C.R.S., UNLESS THE PERSON ALSO ACQUIRES SUCH REASONABLE CAUSE
FROM A SOURCE OTHER THAN SUCH A COMMUNICATION;".

Page 7, line 4, strike "OR EMPLOYEE OF OR" and substitute "EMPLOYEE,".

Page 7, line 5, strike "VOLUNTEER".

Page 7, line 8, after "WHO" insert "WILLFULLY".

Page 7, after line 10 insert:
"(d) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF
THIS SUBSECTION (1), A PERSON DESCRIBED IN PARAGRAPH (b) OF THIS
SUBSECTION (1) IS NOT REQUIRED TO REPORT THE ABUSE OR
EXPLOITATION OF AN AT-RISK ELDER IF THE PERSON KNOWS THAT
ANOTHER PERSON HAS ALREADY REPORTED TO A LAW ENFORCEMENT
AGENCY THE SAME ABUSE OR EXPLOITATION THAT WOULD HAVE BEEN
THE BASIS OF THE PERSON'S OWN REPORT.".

Page 7, line 12, strike "MISTREATMENT" and substitute "EXPLOITATION".

Page 7, line 22, strike "CRIMINAL ALLEGATIONS, INCLUDING THE".

Page 8, line 17, strike "A RELATED CIVIL ACTION FOR DAMAGES" and
substitute "SUIT AND LIABILITY FOR DAMAGES IN ANY CIVIL ACTION".

Page 9, strike lines 2 and 3 and substitute "SECTION SHALL NOT BE
INTERPRETED AS CREATING A CIVIL DUTY OF CARE OR ESTABLISHING A
CIVIL STANDARD OF CARE".

Page 9, line 12, after "THE" insert "NONACCIDENTAL".

Page 12, strike lines 26 and 27 and substitute "OF MIND, NEEDINESS, PAIN,
OR AGONY.".

Page 13, strike lines 1 and 2.

Page 18, line 7, strike "H.B. 13-___," and substitute "S.B. 13-111,".


Health &
Human
Services

 

Fiscal Note 

HUDAK / SCHAFER  Actively Support Require Reports Of Elder Abuse And Exploitation C.001 
SB13-1164/8/2013 04/08/2013 Governor Action - Signed
Current law authorizes psychiatrists to perform evaluations to determine a criminal defendant's sanity or impaired mental condition. The bill authorizes certain licensed psychologists who have additional certifications in forensic psychology to perform such evaluations. No Third Reading floor votes found for this bill
After consideration on the merits, the Committee recommends that SB13-116 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, page 2, line 2, strike "(4.8)" and substitute "(2.5)".

Page 2, line 6, strike "(4.8) "PSYCHOLOGIST"" and substitute "(2.5)
"FORENSIC PSYCHOLOGIST"".

Page 2, line 18, before "psychologists" insert "FORENSIC".

Page 3, line 9, before "psychologists" insert "FORENSIC".

Page 4, line 5, before "PSYCHOLOGISTS" insert "FORENSIC".

Page 4, line 15, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 4, line 22, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 5, line 2, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 5, line 6, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 5, line 8, before "PSYCHOLOGIST," insert "FORENSIC".

Page 5, line 13, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 5, line 26, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 6, line 1, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 6, line 24, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 6, line 26, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 7, line 21, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 8, line 1, before "PSYCHOLOGIST," insert "FORENSIC".

Page 8, line 6, before "PSYCHOLOGISTS," insert "FORENSIC".

Page 1, line 101, before "PSYCHOLOGISTS" insert "FORENSIC".

Page 1, strike lines 102 and 103 and substitute "MENTAL HEALTH
EVALUATIONS UNDER ARTICLE 8 OF TITLE 16, COLORADO REVISED
STATUTES.".


Judiciary


 

Fiscal Note 

ULIBARRI / LEE   Psychologists Evaluate Defendant's Mental State  
SB13-1244/15/2013 04/15/2013 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
The bill adds to the definition of "intermediary" specific functions that an intermediary performs. Intermediaries are held to the same standards as carriers regarding prompt payment of claims. The bill allows the commissioner of insurance to investigate complaints against intermediaries that fail to comply. It also prohibits specific acts by intermediaries and defines the willful violation of the prohibitions as an unfair method of competition and an unfair or deceptive act in the business of insurance. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

KEFALAS / PRIMAVERA   Requirements Of Insurance Intermediaries  
SB13-1375/25/2013 05/25/2013 Governor action - signed
The bill directs the chief information officer of the office of information technology (office) to design and implement a medicaid fraud detection system (system) for the purpose of detecting and preventing medicaid provider and client fraud, waste, and abuse. The system designed by the chief information officer shall include industry best practices relating to fraud detection and prevention. The chief information officer shall also incorporate emerging strategies and technologies into the system as they become available. Among other data and information, the system shall utilize medicaid claims and billing data and information from providers, and state and federal agency data-matching systems. Utilizing appropriate data-sharing protocols, the bill requires state agencies to provide data and information to the office for purposes of implementing the system. The bill requires the department of health care policy and financing (state department) to collaborate with the office in the design, implementation, and operation of the system. Consistent with state and federal law concerning data sharing and medicaid records, the state department shall provide necessary data and information to the office concerning medicaid providers and clients. The state department shall participate in securing funding for the system, as such funding may be available, and shall consider various funding mechanisms for the system. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

ROBERTS  Support Improving Medicaid Fraud Detection  
SB13-1444/4/2013 04/04/2013 Senate Committee on Health & Human Services Postpone Indefinitely
Under current law, certain hospitals are required to make information available to patients concerning the hospital's financial assistance, charity care, and payment plans, as well as offer to screen each uninsured patient for financial assistance. The bill amends the definition of "hospital" and exempts psychiatric hospitals, rehabilitation hospitals, and long-term acute care hospitals from the provisions of the law. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

AGUILAR / MCCANN   Exempt Certain Hospitals Info Financial Assistance  
SB13-1515/25/2013 05/25/2013 Governor action - signed
Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendations contained in the sunset review and report on the "Massage Therapy Practice Act" (MTPA) as follows: Sections 1 and 2 of the bill continue the regulation of massage therapists by the director of the division of professions and occupations (director) for 9 years, until 2022. Current law requires massage therapists to be registered with the director. Sections 3 to 11, 13 to 15, and 17 replace the registration requirement with a requirement that massage therapists obtain a license. Section 10 adds the following as grounds for disciplining a massage therapist: * Failure to report the surrender of a massage therapy license, certification, or registration to, or an adverse action taken against a license, certification, or registration by, a licensing agency in another state, territory, or country, a governmental agency, a law enforcement agency, or a court for acts that constitute grounds for discipline under the MTPA; * Commission of an act that does not meet, or failure to perform an act necessary to meet, generally accepted standards of massage therapy care; and * Commission of a crime when the underlying act was related to the practice of massage therapy or was perpetrated against a massage therapy client during the therapeutic relationship. Section 11 authorizes the director to issue letters of admonition and confidential letters of concern to a massage therapist against whom the director determines action against the license is not warranted but a statement from the director about the conduct is appropriate. In order to register as a massage therapist under current law, an applicant must have obtained a degree or diploma from an approved massage therapy school, which is defined as a massage therapy educational school approved by the division of private and occupational schools; a massage therapy educational program certified by the Colorado community college system; or a massage therapy educational program accredited by a nationally recognized accrediting agency. Section 4 permits an applicant to obtain a degree or diploma from a massage therapy program at a school located outside Colorado that is approved by the director based on standards adopted by the director by rule. Section 12 requires a massage therapist who has had his or her license revoked or has surrendered his or her license in lieu of discipline to wait at least 2 years before applying for a new license. Under current law, a massage therapist is subject to discipline if he or she has a mental or physical condition or disability that renders him or her unable to provide massage therapy with reasonable skill and safety or that may endanger the health or safety of clients. Section 10 imposes discipline on a massage therapist who has such a condition or illness only if the massage therapist: * Fails to notify the director of the condition or illness; * Fails to act within the limitations created by the condition or illness; or * Fails to comply with the limitations agreed to under a confidential agreement entered into with the director. Section 16 authorizes the director to enter into a confidential agreement with a massage therapist who suffers from a mental or physical condition or illness under which the massage therapist agrees to limit his or her practice to ensure client safety and also agrees to monitoring and reevaluations. No Third Reading floor votes found for this bill
After consideration on the merits, the Committee recommends that SB13-151 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 19, after line 7 insert:

"SECTION 18. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
division of professions and occupations cash fund created in section 24-
34-105 (2) (b) (I), Colorado Revised Statutes, not otherwise
appropriated, to the department of regulatory agencies, for the fiscal year
beginning July 1, 2013, the sum of $159,069 and 1.9 FTE, or so much
thereof as may be necessary, to be allocated for the implementation of
this act as follows:
(a) $110,403 and 1.9 FTE to the division of professions and
occupations for personal services;
(b) $10,922 to the division of professions and occupations for
operating expenses;
(c) $16,500 to the division of professions and occupations for
expert consultant services; and
(d) $21,244 to the executive director's office and administrative
services for the purchase of legal services.
(2) In addition to any other appropriation, there is hereby
appropriated to the department of law, for the fiscal year beginning July
1, 2013, the sum of $21,244, or so much thereof as may be necessary, for
the provision of legal services for the department of regulatory agencies
related to the implementation of this act. Said sum is from reappropriated
funds received from the department of regulatory agencies out of the
appropriation made in paragraph (d) of subsection (1) of this section.".

Renumber succeeding section accordingly.

Page 1, line 105, strike "AGENCIES." and substitute "AGENCIES, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations


 

Fiscal Note 

NICHOLSON / PRIMAVERA  Monitor Sunset Review Massage Therapists  
SB13-1603/22/2013 03/22/2013 Governor Action - Signed
Sunset Process - Senate Health and Human Services Committee. Under current law, there are 10 members of the dental advisory committee (committee). The bill reduces the committee to 7 members by eliminating one of 2 dentists providing dental care to seniors and one senior eligible for benefits, and by authorizing one member of the committee to represent either the department of human services or an agency that coordinates dental services to low-income seniors rather than each having a member. The bill eliminates the repeal of the committee. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

CROWDER / PRIMAVERA   Sunset Review Dental Advisory Committee  
SB13-1633/29/2013 03/29/2013 Governor Action - Signed
Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendation of the department of regulatory agencies, as contained in the sunset report, to continue the advisory committee on hearing in newborn infants indefinitely. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

NEWELL / SINGER   Sunset Review Newborn Infants Hearing Advisory Cmt  
SB13-1665/25/2013 05/25/2013 Governor action - signed
In 2010, the department of health care policy and financing (department) was charged with creating a task force to help develop a standardized set of payment rules and claim edits for use by health care providers and payers in the processing of medical claims. The task force is to submit a final report and recommendations concerning the standardized set by December 31, 2013. Commercial health plans are then required to implement the standardized set by January 1, 2015, or according to a schedule outlined by the task force, and domestic, nonprofit health plans must implement the standards by January 1, 2016. The bill extends each of those deadlines by one year. Additionally, under current law, the task force, through an organization designated by the executive director of the department, is allowed to seek and accept monetary and in-kind gifts, grants, and donations to use in performing its functions. No state funds have been appropriated to fund the work of the task force. The bill authorizes the general assembly to appropriate moneys, and appropriates $100,000 from the general fund, to the department for use by the task force in performing its functions. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

AGUILAR / SCHAFER  Support Extend Deadlines Medical Clean Claims Standards CMS is part of clean claims task force 
SB13-1785/18/2013 05/18/2013 Governor action - signed
Currently, Red Rocks community college offers a certificate program in physician assistant studies, and, through an affiliation with St. Francis university in Pennsylvania, students may obtain a master of medical science degree. The eligibility requirements of the accrediting body of physician assistant programs now requires the sponsor of the program to confer a graduate degree upon completion of the program. The bill authorizes Red Rocks community college to continue providing its physician assistant studies program by authorizing Red Rocks community college to confer a graduate degree on students who complete the physician assistant studies program. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

HUDAK / HAMNER  Actively Support Red Rocks Physician Assistant Graduate Program  
SB13-1806/5/2013 06/05/2013 Governor Action - Signed
Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendations contained in the sunset review and report on the "Occupational Therapy Practice Act" (OTPA) by continuing the OTPA for 5 years and restoring provisions in the "Colorado Consumer Protection Act" (CCPA) that existed prior to the enactment of the OTPA. The provisions restored in the CCPA establish a deceptive trade practice, and thus trigger CCPA remedies, when a person claims to be an occupational therapist but has not earned the appropriate higher education degree, completed an internship, passed an examination given by a national organization, and obtained certification from a national organization. No Third Reading floor votes found for this bill
After consideration on the merits, the Committee recommends that SB13-180 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 27, after line 10 insert:

"SECTION 14. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
division of professions and occupations cash fund created in section 24-
34-105 (2) (b) (I), Colorado Revised Statutes, not otherwise
appropriated, to the department of regulatory agencies, for the fiscal year
beginning July 1, 2013, the sum of $37,737 and 0.2 FTE, or so much
thereof as may be necessary, to be allocated for the implementation of
this act as follows:
(a) $8,174 and 0.2 FTE to the division of professions and
occupations for personal services;
(b) $8,924 to the division of professions and occupations for
temporary and contract personnel;
(c) $789 to the division of professions and occupations for
printing and imaging;
(d) $12,746 to the executive director's office and administrative
services for the purchase of legal services; and
(e) $7,104 to the executive director's office and administrative
services for the purchase of computer center services.
(2) In addition to any other appropriation, there is hereby
appropriated to the department of law, for the fiscal year beginning July
1, 2013, the sum of $12,746, or so much thereof as may be necessary, for
the provision of legal services for the department of regulatory agencies
related to the implementation of this act. Said sum is from reappropriated
funds received from the department of regulatory agencies out of the
appropriation made in paragraph (d) of subsection (1) of this section.
(3) In addition to any other appropriation, there is hereby
appropriated to the governor - lieutenant governor - state planning and
budgeting, for the fiscal year beginning July 1, 2013, the sum of $7,104,
or so much thereof as may be necessary, for allocation to the office of
information technology, for the provision of computer center services for
the department of regulatory agencies related to the implementation of
this act. Said sum is from reappropriated funds received from the
department of regulatory agencies out of the appropriation made in
paragraph (e) of subsection (1) of this section.".

Renumber succeeding sections accordingly.

Page 1, line 109, strike "AND".

Line 111, strike "CONDITION." and substitute "CONDITION, AND MAKING
AN APPROPRIATION.".


Appro-
priations

 

Fiscal Note 

AGUILAR / SINGER   Sunset Review Occupational Therapy Practice Act  
SB13-2005/13/2013 05/13/2013 Governor Action - Signed
Under current law, moneys in the hospital provider fee cash fund may be used to increase, up to 100% of the federal poverty line (FPL), the medicaid eligibility income level for parents of children who are eligible for medicaid and for childless adults or adults without a dependent child in the home. The bill allows moneys in the hospital provider fee cash fund to be used to increase the income eligibility for parents and caretaker relatives of medicaid children from 61% to 133% of FPL and to increase the income eligibility for childless adults or adults without a dependent child to up to 133% of FPL. In addition, to implement the federal Affordable Care Act, the bill amends the optional eligibility groups in Colorado's medicaid program to increase the income eligibility levels for parents and caretaker relatives of medicaid children from 100% to 133% of FPL and for childless adults or adults without dependent children as described in federal law to 133% of FPL. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

AGUILAR / FERRANDINO  Support Expand Medicaid Eligibility  
SB13-2045/25/2013 05/25/2013 Governor action - signed
Currently, the Colorado state board of chiropractic examiners (board) has 5 members, 4 of whom must have practiced chiropractic in Colorado for the 5 years preceding their appointment to the board and one of whom is appointed from the public at large. The bill increases the number of members on the board to 7 by adding one more chiropractor and one more member of the public at large. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

AGUILAR / PRIMAVERA  Support Bd Chiropractic Examiners Addition Of Members  
SB13-2055/25/2013 05/25/2013 Governor action - signed
In order for Colorado to retain a greater percentage of monetary recoveries for fraudulent medicaid claims, the "Colorado Medicaid False Claims Act" (act) must be at least as effective as federal law in rewarding and facilitating qui tam actions for false and fraudulent claims. The bill amends the act to bring the act into compliance with federal law as follows: * Removes specific dollar amounts relating to the penalty and instead references federal law to determine the amount of the penalty and any adjustments to the penalty; * Corrects statutory language as to whom a claim is presented; * Clarifies that the act bars persons other than the state from intervening only in actions brought under this act and not in other actions; * Clarifies that the court does not have jurisdiction under this act against members of the general assembly, state judiciary, or an elected executive branch official if the claim is based upon information or evidence known to the state at the time the action is brought; * Clarifies that a person bringing the action (relator) cannot bring an action based upon allegations or transactions that are the subject of a civil suit or administrative civil money penalty proceeding in which the state is already a party; * Requires the court, with certain exceptions, to dismiss an action that is based upon allegations or transactions publicly disclosed in certain ways, unless the relator is the original source of the information; * Clarifies who can bring an action under the act for retaliation relating to employment and provides the time frame within which an action for retaliation must be brought; and * Amends the definitions of "obligation" and "original source". No Third Reading floor votes found for this bill
SB13-205 by Senator(s) Hodge and Roberts; also Representative(s) Gardner--Concerning revisions to
the Colorado medicaid false claims act to comply with federal law.

Amendment No. 1(L.001), by Senators Hodge and Roberts.

Amend printed bill, page 3, line 25, strike "five" and substitute "five".

Page 3, strike line 26 and substitute "thousand FIVE HUNDRED dollars and
not more than ten ELEVEN thousand dollars, PROVIDED THAT THESE UPPER
AND LOWER LIMITS ON LIABILITY SHALL AUTOMATICALLY INCREASE TO
EQUAL THE CIVIL".

Page 4, line 1, strike "AS" and substitute "IF AND AS THE PENALTIES IN
SUCH FEDERAL ACT".

Page 5, strike line 18 and substitute "section. that is based on the
information.".

Page 6, strike lines 20 through 25 and substitute "BROUGHT MORE THAN
THREE YEARS AFTER THE DATE WHEN THE RETALIATION OCCURRED.".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


 

Fiscal Note 

HODGE / GARDNER   Medicaid False Claims Act Comply With Federal Law  
SB13-2085/10/2013 05/10/2013 Governor Action - Signed
Current law exempts from the statutes dealing with drug paraphernalia persons participating as an employee or volunteer of a syringe exchange program approved by the department of public health and environment. The bill extends this exemption to persons who are participants in an approved program. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

STEADMAN / MAY  Actively Support Limitations On Drug Paraphernalia Laws  
SB13-2156/5/2013 06/05/2013 Governor Action - Signed
Existing law regulates the practice of certain health care professions, including the practice of medicine. These laws prohibit unlicensed persons from engaging in certain activities constituting, among other practice areas, the practice of medicine. Current law does not specifically address, prohibit, or permit the practices of persons who provide traditional, cultural, complementary, or alternative healing arts therapies and services. The bill provides that a person engaging in traditional, cultural, complementary, or alternative healing arts and health care treatments who makes specified written disclosures to a client and who does not engage in specifically prohibited acts is not violating the practice acts regulating licensed, certified, or registered health care professionals. Failure to make the required disclosures to clients, or performing a prohibited act, constitutes a deceptive trade practice under the "Colorado Consumer Protection Act". Additionally, if a complementary and alternative health care practitioner engages in a prohibited act, he or she is subject to penalties for the unauthorized practice of a regulated profession. The bill exempts from the definition of "practice of medicine" the rendering of complementary and alternative health care services if performed consistent with the requirements of the bill. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

JAHN / GINAL  Support Alternative Health Care Consumer Protections  
SB13-2205/14/2013 05/14/2013 Governor Action - Signed
The bill adds emergency medical service providers to the list of persons who are required to report possible instances of child abuse or neglect, with an exemption made for voluntary emergency medical service providers. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

NICHOLSON   Emergency Medical Providers To Report Child Abuse  
SB13-2225/28/2013 05/28/2013 Governor Action - Signed
Current law prohibits the department of public health and environment (department) from establishing a universal purchasing system for procuring vaccines for insured individuals in the state. Section 2 of the bill removes the barrier to establishing a vaccine purchasing system. Section 4 authorizes the department, for purposes of increasing access to immunizations, to examine mechanisms for statewide purchase of vaccines, including childhood immunizations, and options for the state to more effectively purchase and distribute vaccines for insured individuals in the state. Additionally, the department is to explore authorizing the department of health care policy and financing to purchase vaccines recommended by the federal advisory committee on immunization practices (ACIP). Section 3 also: * Requires the department to convene a stakeholder task force to make recommendations regarding the financing and delivery of childhood immunizations, including through a vaccine purchasing system; and * Authorizes the state board of health to adopt rules to implement the task force's recommendations. Section 3 of the bill authorizes the department to expend moneys in the immunization fund to purchase vaccines through a vaccine purchasing system, if developed. Section 5 of the bill permits the department of health care policy and financing to purchase vaccines recommended by the ACIP through a vaccine purchasing system, if developed, for children enrolled in the children's basic health plan. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

AGUILAR / PABON  Strongly Support Improve Access Childhood Immunizations  
SB13-2255/25/2013 05/25/2013 Governor action - signed
The bill requires the department of public health and environment (department) to: * Develop a system for designating qualified hospitals as STEMI (heart attack) receiving centers, STEMI referring centers, comprehensive stroke centers, or primary stroke centers, as appropriate; and * Maintain a STEMI database and a stroke database to collect data pertaining to individuals with confirmed STEMI heart attacks and strokes, respectively. The bill requires hospitals designated as STEMI receiving centers, comprehensive stroke centers, and primary stroke centers to report to the respective databases and encourages all other hospitals to report data to the databases. The bill also allows for a designation of a hospital as an acute stroke-ready hospital if a national accreditation program becomes available, after which hospitals attaining that designation would also be required to report to the stroke database. The department is required to submit an annual summary report to the governor and specified committees of the general assembly and to post the report on its web site. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

GIRON / GINAL   STEMI Heart Attack Stroke Data Hosp Designation  
SB13-2425/11/2013 05/11/2013 Governor Action - Signed
The bill requires the department of health care policy and financing (state department) to design and implement a dental benefit for adults in the medicaid program. The state department shall use a collaborative stakeholder process to consider the components of the dental benefit. Additionally, the bill includes certain provisions that must be contained in any contract with an administrative service organization should the state department choose to use an administrative service organization to administer the dental benefit. The bill creates the adult dental fund. Further, the bill authorizes the treasurer to transfer principal and interest from the unclaimed property trust fund to the adult dental fund for use in implementing the dental benefit. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

NICHOLSON / PRIMAVERA  Support Adult Dental Benefit Medicaid  
SB13-2445/28/2013 05/28/2013 Governor Action - Signed
The current state methamphetamine task force repeals on July 1, 2014. The bill renames the task force the state substance abuse trend and response task force (task force) and changes the emphasis of the task force from solely methamphetamine to all substance abuse, including nonfederal-drug-administration-regulated pharmaceutical drugs. The bill expands the members of the task force appointed by the co-chairs from 16 to 22. The bill extends the repeal of the task force to July 1, 2018. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

GUZMAN / KAGAN  N/A Substance Abuse Trend And Response Task Force  
SB13-2775/16/2013 05/16/2013 Governor action - signed
The bill requires the commissioner of insurance (commissioner) to develop, by July 31, 2014, and prescribing providers, carriers, and, if applicable, pharmacy benefit management firms (PBMs), to use, by January 1, 2015, a uniform prior authorization process for purposes of submitting and receiving requests for prior coverage approval of a drug benefit. The commissioner is directed to adopt rules to establish the prior authorization process, which is to include specified components aimed at creating uniformity and reducing administrative burdens on prescribing providers, carriers, and PBMs, as well as making the criteria used for deciding prior authorization requests transparent and establishing a procedure for waiving the process under extenuating circumstances. To assist in developing the process, the commissioner is to appoint a work group of various stakeholders to make recommendations on specified aspects of the process that the commissioner is to consider, including national standards for electronic prior authorization. Once the prior authorization process is established, the request is deemed granted if a carrier or PBM fails to use or accept the prior authorization process, fails to notify the prescribing provider within a specified period that the request is approved or denied or that additional information is required to process the request, or fails to notify the prescribing provider within a specified period after receipt of the required additional information that the request is approved or denied. An approved prior authorization is valid for at least 180 days after the date of approval. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

AGUILAR / GINAL  Strongly Support Prior Authorization Process Drug Benefits  
SB13-2855/28/2013 05/28/2013 Governor Action - Signed
The bill requires a claimant to be reimbursed by the employer or workers' compensation carrier for medical treatment provided if the employer, after notice of the injury, fails to provide medical treatment. After notice of termination of a fringe benefit or other advantage, the employer, carrier, or third-party administrator is required to recalculate the average weekly wage and begin payment of the wages based on the recalculated amount. The bill requires temporary partial disability to be paid at least once every 2 weeks and requires an employer, carrier, or third-party administrator to provide a claimant a complete copy of the claim file within 15 days after the mailing of a written request. In order to request attorney fees and costs when an opposing attorney requests a hearing for an unripe issue, the requesting party must prove that it attempted to have any unripe issues stricken by a prehearing administrative law judge. Fees and costs may only be awarded if they are directly caused by the listing of the unripe issue. The bill extends the amount of time that must pass before an employer or insurer may request an independent medical examiner if the treating physician has not determined that an injured worker has reached maximum medical improvement from 18 to 24 months. If the independent medical examiner selected determines that the worker has reached maximum medical improvement, the independent medical examiner shall also determine the worker's permanent medical impairment. No Third Reading floor votes found for this billNo amendments found for this bill

Fiscal Note 

TOCHTROP / WILLIAMS   Workers' Compensation