COPA 2016 Bill List


HB16-1015 Contingent Repeal Hlth Ins Laws Aligning With ACA 
Sponsors: KLINGENSCHMITT
Summary: In 2013, the general assembly enacted House Bill 13-1266 to align state health insurance laws with the requirements of the federal "Patient Protection and Affordable Care Act" (ACA). The bill adds an automatic repeal to the following provisions in the state health insurance laws that is triggered if the comparable federal law requirement under the ACA is repealed by congress and approved by the president:
* The requirement that carriers offer health benefit plans that cover an essential health benefits package with bronze, silver, gold, and platinum levels of coverage;
* The requirement that dependent coverage under a health plan be available to a child under 26 years of age, regardless of dependency or marital status;
* The requirement that carriers issue or renew a plan to any eligible individual or small employer that agrees to pay the required premiums;
* The requirements regarding open and special enrollment periods;
* The prohibition against discriminating with respect to participation under the plan or coverage by any provider acting within the scope of his or her license;
* The requirement to offer continuation coverage to an employee who is no longer employed by the employer through whom the employee was covered under a health benefit plan;
* Fair market standards;
* Procedures for denial of benefits and internal reviews;
* The prohibition against preexisting condition exclusions; and
* The requirements pertaining to grace periods for a newly insured individual to pay premiums for coverage.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1017 Victim Impact Panel Appearances For DUI 
Sponsors: PABON / COOKE
Summary: For a person convicted of a traffic offense involving alcohol or drugs, current law allows the court to require the person to attend and pay up to $25 for one appearance before a victim impact panel. The bill specifies that the person must attend in person and repeals the $25 appearance fee cap.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1047 Interstate Medical Licensure Compact 
Sponsors: BUCK / NEWELL
Summary: The bill enacts and authorizes the governor to enter into an interstate compact with other states to recognize and allow physicians licensed in a compact member state to obtain an expedited license, enabling them to practice medicine in Colorado or another member state.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: Thursday, April 7 2016
Appropriations
8:00 a.m. Room LSB-A
(2) in house calendar.

HB16-1062 Limitation On Mental Health Disciplinary Actions 
Sponsors: MELTON
Summary: The bill requires that any complaint filed with the division of professions and occupations in the department of regulatory agencies against a mental health professional alleging a maintenance of records violation must be commenced within 7 years after the alleged act or failure to act giving rise to the complaint.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on Judiciary Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1063 Mental Hlth Professional Disclosure School Safety 
Sponsors: FOOTE
Summary: Except under limited circumstances, current law prohibits a licensed, registered, or certified mental health professional from disclosing, without the client's consent, confidential communications made by, or advice given to, the client in the course of the professional relationship. The bill grants an exception to the prohibition against disclosure when the mental health professional's client either:
* Makes a direct threat against a school or its occupants; or
* Exhibits behavior that, in the mental health professional's reasonable judgment, creates a dangerous environment in a school that may jeopardize the safety or well being of students, faculty, staff, parents, or the general public. The mental health professional must limit the disclosure to appropriate school district personnel and maintain confidentiality of the disclosure. A mental health professional is not liable for disclosing or failing to disclose a confidential communication, except to the extent the mental health professional has a duty under current law to warn and protect.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1068 Regulation Of Methadone Treatment Facilities 
Sponsors: LUNDEEN / LAMBERT
Summary: Current law requires the unit within the department of human services that administers behavioral health programs and services (unit) to establish standards for facilities that treat drug abusers or dispense controlled substances to drug abusers. The bill requires additional standards for methadone treatment facilities, including minimum distances for such facilities from schools, colleges, and residential child care facilities and a disclosure of infractions by the owner of the facility, its holding company, or other facilities under the holding company. If infractions are disclosed, the unit shall determine whether the public interest requires denial of an application or other remedial action. The bill also specifies that a methadone treatment facility is not a medical clinic for zoning purposes.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
News:
Calendar Notification: NOT ON CALENDAR

HB16-1097 PUC Permit For Medicaid Transportation Providers 
Sponsors: CORAM / SCOTT
Summary: The bill creates a new category of limited regulation carriers that allows providers of nonemergency transportation to medicaid clients to operate under a limited regulation permit from the public utilities commission (commission) rather than a certificate of public convenience and necessity. The commission may issue a limited regulation permit if the provider satisfies the financial responsibility requirements for permit holders, provides satisfactory proof of an agreement with the department of health care policy and financing or its agent, and provides such additional information as the commission may require. The bill also establishes that a limited regulation permit is valid for one year after issuance. The bill authorizes the department of health care policy and financing to forward medicaid money to the commission to offset some of the costs of issuing permits.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1101 Medical Decisions For Unrepresented Patients 
Sponsors: YOUNG
Summary: An attending physician or his or her designee (physician) may make health care treatment decisions as a patient's proxy decision-maker if:
* After making reasonable efforts, the physician cannot locate any interested persons, or none of the interested persons are willing and able to serve as proxy decision-maker;
* The attending physician has obtained an independent assessment of decisional capacity by another health care provider; and
* The physician has consulted with and obtained an agreement with the medical ethics committee of the health care facility where the patient is receiving care. If the health care facility does not have a medical ethics committee, the facility shall refer the physician to a party that can provide consultation and recommendations. The authority of the physician to act as proxy decision-maker terminates in the event an interested person is willing to serve as proxy decision-maker or a guardian is appointed. When acting in good faith as the proxy decision-maker, an attending physician or his or her designee is not subject to civil or criminal liability or regulatory sanction.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1103 License Pathways For Mental Health Workforce 
Sponsors: KRAFT-THARP / MARTINEZ HUMENIK
Summary: The bill clarifies that licensed psychologists, licensed clinical social workers, licensed marriage and family therapists, and licensed professional counselors (occupations collectively referred to as "mental health professions"); candidates for licensure in a mental health profession, including licensed social workers; and individuals enrolled in an appropriate professional program of study for a mental health profession at an approved school or college may register with the database of registered psychotherapists; however, if they do register with such database, the hours accrued will not count toward licensure requirements. The bill also clarifies that a candidate in a mental health profession, including a licensed social worker, need only have completed his or her degree to satisfy the educational component of the licensing process. The individual boards for the mental health professions are authorized to promulgate rules related to the requirements for hours accrued toward licensure.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1110 Parent's Bill Of Rights 
Sponsors: NEVILLE P. / NEVILLE T.
Summary: The bill establishes a liberty interest and fundamental right for parents in the care, custody, and control of a parent's child, restricting governmental entities from infringing on such interests and rights without demonstrating a compelling governmental interest that cannot be accomplished through less restrictive means.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1147 Reduce C-SEAP Wait Times For Services 
Sponsors: NAVARRO
Summary: The Colorado state employee assistance program (C-SEAP) was established by the department of personnel over 30 years ago pursuant to the executive director of the department of personnel's statutory authority to establish and operate an employee assistance program to address personal problems and workplace issues faced by state employees and employers. C-SEAP provides a wide range of services for state employees and employers. While C-SEAP makes every effort to see employees or employers quickly in emergency situations, the wait time for services in less urgent situations would ideally be shorter than it is. The bill requires the executive director to ensure that any additional moneys that are appropriated to C-SEAP as a result of the bill will be used to reduce wait times for state employees and employers to receive services through C-SEAP.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1148 Health Benefit Exchange Rules and Policies 
Sponsors: SIAS / ROBERTS
Summary: The bill gives the health insurance exchange oversight committee (committee) oversight over rules and policies proposed by the health benefit exchange that affect bidding and awarding contracts, carrier and regulating carrier participation, regulating broker participation and compensation, interacting with other state agencies, managing and compensating the assistance network, or the handling of any type of appeal. The exchange is required to hold a public meeting for a proposed rule or policy and allow for public participation and comment. A committee member may request that the exchange present a rule or policy to the committee, and the committee may repeal the rule or policy by a majority vote. The committee has the authority to review rules and policies implemented and contracts entered into on or after January 1, 2015.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1150 Counties Prohibit Underage Nicotine Possession 
Sponsors: CONTI
Summary: The bill clarifies that a county may enact an ordinance or resolution prohibiting a person who is under 18 years of age from possessing cigarettes, tobacco products, or nicotine products.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: House Second Reading Laid Over to 06/01/2016 - No Amendments
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1152 Department Of Corrections Medication Distribution 
Sponsors: FOOTE / COOKE
Summary: The bill authorizes the department of corrections (department) to distribute compounded and prepackaged medications to pharmacies under the same ownership as the department.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1157 Sunset Review Skolnik Medical Transparency Act 
Sponsors: GARNETT / TATE
Summary: Sunset Process - House Business Affairs and Labor Committee. In accordance with the recommendation of the department of regulatory agencies contained in its sunset review, the bill establishes a separate, periodic sunset review for the health care professions profile program, established in the "Michael Skolnik Medical Transparency Act of 2010". The initial sunset review will occur in 2020, with a termination date of September 1, 2021, if the program is not extended.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1168 Sunset Rural Alcohol & Sub Abuse Treatment Prog 
Sponsors: GINAL / SCOTT
Summary: Sunset Process - House Public Health Care and Human Services Committee. The bill extends the rural alcohol and substance abuse prevention and treatment program (program) through September 1, 2025.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB16-1191 Bill Of Rights For Persons Who Are Homeless 
Sponsors: SALAZAR
Summary: The bill creates the "Colorado Right to Rest Act", which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces without discrimination, to rest in public spaces without discrimination, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on Local Government Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1208 Create Data Privacy Subcommittee 
Sponsors: CARVER / LUNDBERG
Summary: The bill creates within the joint technology committee a subcommittee on data privacy and cyber-security (subcommittee) to consider:
* Whether state governmental agencies are collecting or retaining data that exceed what is necessary and appropriate for such agencies to perform their functions;
* Who has access to such data, the extent of such access, and appropriate measures to protect sensitive data; and
* Measures to protect such data against unauthorized access, disclosure, use, modification, or destruction. The subcommittee shall submit its findings to the joint technology committee and to the general assembly, by January 1, 2018. The subcommittee is repealed, effective July 1, 2018.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1209 Working Group To Study Program Eval 
Sponsors: RANKIN
Summary: The bill creates a results first working group that consists of members appointed by the governor from the governor's office, executive branch agencies, the general assembly, the judicial branch, a nonprofit membership association whose purpose is to offer assistance to county commissioners, mayors, and council members, and local nonprofits or service providers. The working group is tasked with making legislative, policy, and budgetary recommendations to the general assembly, the governor's office, and the executive branch agencies regarding program evaluation practices.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: House Committee on Legislative Council Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1212 Temp Tax Incentive For Unreimbursed Medicaid Fees 
Sponsors: ROUPE
Summary: Currently, health care providers that provide services to medicaid clients are often not reimbursed the full amount of the costs of such services. The bill creates an income tax credit to offset the financial impact of these unreimbursed costs. The tax credit is available for services provided in tax years 2016, 2017, and 2018. The amount of the tax credit that can be claimed is 50% of either:
* The difference in the cost of the services set forth in the medicaid and medicare fee schedules in effect at the time the services were rendered; or
* For any services without a medicare fee schedule equivalent, the difference between the amounts paid for the services under the medicaid fee schedule in effect at the time the services were rendered and the fee amounts published in the most recent Colorado-specific cost-of-care or compensation survey conducted by an entity identified by rule of the executive director of the department of revenue (department). If the amount of the credit allowed exceeds the amount of the income tax otherwise due, the bill prohibits the balance from either being refunded or carried forward and applied against the income tax due in any succeeding income tax years. The department is required to include information regarding the tax credit in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation in the legislative interim immediately prior to the repeal of the credit.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: Wednesday, April 13 2016
State, Veterans, and Military Affairs
Upon Adjournment Room LSB-A
(1) in house calendar.

HB16-1221 Budget Cuts To Increase Medicaid Provider Rates 
Sponsors: JOSHI
Summary: The bill requires the general assembly to separately appropriate money to a state agency in the executive branch for lobbying expenses and for costs associated with memberships to professional, subject matter, trade, or other organizations. For fiscal year 2016-17, and each fiscal year thereafter, the amount the general assembly appropriates to a state agency for:
* Lobbying expenses shall not exceed an amount equal to 50% of the amount that the state agency spent on lobbying expenses for the 2015-16 fiscal year; and
* Membership costs shall not exceed an amount equal to 50% of the amount that the state agency spent on membership costs for the 2015-16 fiscal year. The general assembly is required to appropriate an amount equal to the savings from the cuts to the executive agencies for lobbying expenses and membership costs to the department of health care policy and financing to increase the provider rates paid under the "Colorado Medical Assistance Act".
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1261 Retail Marijuana Sunset 
Sponsors: PABON / JAHN
Summary: Sunset Process - House Finance Committee. The bill implements the following recommendations from the sunset report for the retail marijuana program:
* Extending the retail marijuana code until September 1, 2019;
* Stating that regulation of labeling, packaging, and testing is a matter of statewide concern; and
* Repealing the following provisions from the retail marijuana code:
* The requirement that a licensee post a surety bond as condition of licensure;
* The requirement that the executive director deny a license based on a previous denial at the same location;
* The proscription on the placement and sale of marijuana-themed magazines; and
* The authority to promulgate rules prohibiting misrepresentation and unfair practices. The bill creates 2 new retail marijuana licenses--a retail marijuana transport license and a retail marijuana operator license--and gives the state licensing authority rulemaking authority over those licenses. The bill conforms language in the retail marijuana code to language in the medical marijuana code related to mandatory testing, the confidentiality of licensee information, and limited access areas.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 06/10/2016 Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1277 Appeal Process For Changes To Medicaid Benefits 
Sponsors: LONTINE / KEFALAS
Summary: The bill requires the department of health care policy and financing (state department) to give a medicaid recipient a 20-day advance notice if medical assistance benefits are being suspended, terminated, or modified, (intended action) unless certain conditions are met. Under current law, the state department allows an applicant or recipient to file an appeal within 30 days after the date of notice of the intended action. The bill extends the time for appeal to 60 days after the effective date of the intended action. If the recipient files an appeal prior to the effective date of the intended action, the recipient's medical assistance benefits will continue unchanged until the completion of the appeal process. If authorized under federal law, the state department may permit a recipient's medical benefits to continue even though the appeal is filed after the effective date of the intended action. The bill permits an applicant or recipient to request the county dispute resolution process either prior to appeal to the state department or as part of the filing of the appeal. The county's dispute resolution process must be completed within 30 days of the filing of a request to the county or no later than 10 days before the date of the hearing on the appeal to the state department, whichever is earlier. If the dispute is resolved, the county will assist the applicant or recipient in requesting the dismissal of the state-level appeal. Except as provided in the bill, the bill requires the person or persons involved in making the decision relating to the intended action to be available for cross-examination if requested by the appellant.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 06/01/2016 Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1278 Residential Drug Treatment For Probationers 
Sponsors: LEE / COOKE
Summary: Under current law, a court may only require a person on probation to participate in a residential drug treatment program if the person was sentenced for a drug offense. The bill authorizes a court to require any person as a condition of probation to participate in a community corrections residential drug treatment program.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 05/20/2016 Governor Signed
Position:
News:
Calendar Notification: Wednesday, April 13 2016
SENATE JUDICIARY COMMITTEE
1:30 PM LSB-B
(1) in senate calendar.

HB16-1294 Contraception Coverage Public & Private Insurance 
Sponsors: LONTINE / GUZMAN
Summary: Starting January 1, 2018, the bill requires medicaid managed care plans and health benefit plans that are required under the federal "Patient Protection and Affordable Care Act" to provide contraceptive coverage as a preventive health service to cover, at no cost to the woman covered by the plan:
* All FDA-approved contraceptive drugs, devices, and other products for women, including those prescribed by the covered person's health care provider or otherwise authorized under state or federal law;
* Voluntary sterilization procedures;
* Patient education and counseling on contraception; and
* Follow-up services related to the covered contraceptive drugs, devices, products, or procedures, including management of side effects, counseling for continued adherence, and device insertion and removal. Health insurers and medicaid managed care entities are prohibited from restricting or delaying coverage for contraceptives and must make the coverage available to all persons covered under the health plan or medicaid managed care plan, respectively.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 04/11/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: Monday, April 11 2016
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 356
(2) in senate calendar.

HB16-1305 Educator Training To Assist Students In Crisis 
Sponsors: FIELDS / NEWELL
Summary: The bill requires each school district board of education to provide training for teachers to explain the school district procedures for assisting students who are experiencing emotional distress or are otherwise in crisis and may need referral for behavioral health services.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/04/2016 Senate Committee on Education Postpone Indefinitely
Position:
News:
Calendar Notification: Wednesday, April 13 2016
Education
Upon Adjournment of the Joint Education Committee Room 271
(1) in house calendar.

HB16-1312 Licensed Profl Redundant Disciplinary Action 
Sponsors: WIST / TATE
Summary: Under current law, licensed professionals holding more than one professional license can be investigated simultaneously about the same act or transaction. The bill requires that, for licensed professionals with multiple licenses, in the event of redundant disciplinary actions by multiple state disciplinary authorities arising from the same act or transaction, if one of the disciplinary authorities takes action to resolve an investigation, any other disciplinary authority from which the licensed professional has a license and that is investigating the same act or transaction is required to take action on the matter within 160 days after the conclusion of the action by the first disciplinary authority. If any other disciplinary authority fails to take action on the matter within 160 after the conclusion of the action by the first disciplinary authority, any other disciplinary authority is barred from taking action against the licensed professional for that same act or transaction.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 05/04/2016 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1358 Protect Privacy Of Substance Use Disorder Patients 
Sponsors: SINGER / LUNDBERG
Summary: Under current law, each approved public and private treatment facility must file with the unit in the department of human services that administers behavioral health programs and services (unit), on request, data, statistics, schedules, and information the unit reasonably requires. The bill states that the unit is not authorized to collect information or records that disclose an individual patient's name, social security number, or other personal identifying information. Additionally, on or before December 1, 2016, the unit shall take sufficient actions to ensure that none of the data, statistics, schedules, or information that it has collected and retained include any information or records that disclose an individual patient's name, social security number, or other personal identifying information.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/05/2016 House Committee on Appropriations Postpone Indefinitely
Position: Actively Support
News:
Calendar Notification: NOT ON CALENDAR

HB16-1359 Use Of Medical Marijuana While On Probation 
Sponsors: SALAZAR
Summary: Current law prohibits a court from requiring that a person on probation refrain from possessing or using medical marijuana unless the person was convicted of a crime related to medical marijuana or, based on an assessment, the court determines that a prohibition against such possession or use is necessary to accomplish the goals of sentencing. The bill eliminates the exception related to the assessment.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 06/10/2016 Governor Signed
Position:
News:
Calendar Notification: Thursday, April 14 2016
Judiciary
1:30 p.m. Room 0112
(3) in house calendar.

HB16-1373 Student Medical Marijuana Use At School 
Sponsors: SINGER
Summary: Under current law, a student with a medical marijuana recommendation is not permitted to use medical marijuana on school grounds, on a school bus, or at a school activity unless the district has adopted a policy permitting the use. The bill allows a student to use medical marijuana on school grounds, on a school bus, or at a school activity and requires each school district to adopt a policy allowing the medical marijuana use. If the department of education or a public school loses any federal funding as a result of adopting the policy, the general assembly shall appropriate state money sufficient to offset the loss of federal money.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 06/06/2016 Governor Signed
Position:
News: Medical marijuana for kids at Colorado schools wins committee OK
Calendar Notification: Monday, April 11 2016
Agriculture, Livestock, & Natural Resources
1:30 p.m. Room 271
(2) in house calendar.

HB16-1374 Required Notice & Disclosures Freestanding ERs 
Sponsors: MCCANN / KEFALAS
Summary: The bill requires a freestanding emergency room that provides emergency services in a facility, charges a facility fee, and is not attached to a hospital to post notices throughout the facility indicating that the facility is an emergency room that provides emergency services to treat emergency medical conditions. Additionally, a freestanding emergency room, after performing an initial medical examination, must inform a patient who is determined not to have an emergency medical condition of, and provide to the patient a written statement containing, the following information:
* That the freestanding emergency room charges rates comparable to those charged by a hospital emergency room, including a facility fee of a specified amount;
* That the freestanding emergency room or a physician providing medical care at the center may not be a participating provider under the patient's health benefit plan;
* That the physician providing medical care at the freestanding emergency room may bill the patient separately from the center; and
* That for nonemergency medical conditions, the patient may wish to confer with his or her primary care physician or other primary care provider. The freestanding emergency room must explain the contents of the written statement to the patient, obtain the patient's signature on the document, provide the patient with a copy of the signed document, and maintain the signed document in the patient's medical record.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/05/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: Thursday, April 14 2016
Health, Insurance, and Environment
1:30 p.m. Room 0107
(2) in house calendar.

HB16-1379 Psychologists Continuing Profl Development Program 
Sponsors: KRAFT-THARP / MARTINEZ HUMENIK
Summary: The bill clarifies and amends portions of the continuing professional development program for licensed psychologists, enacted in 2015. The substantive amendments are as follows:
* Credit hours awarded for teaching or giving presentations may be awarded more than once for the same material, but only once during the same licensure cycle;
* Credit hours awarded for writing, editing, or reviewing a psychology publication are not limited to the first year of its publication or distribution; and
* Credit hours awarded for review of a journal article are limited to review of an article in a peer-reviewed journal, at the request of the editor.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/04/2016 Governor Signed
Position:
News:
Calendar Notification: Thursday, April 7 2016
SENATE HEALTH & HUMAN SERVICES COMMITTEE
2:00 PM SCR 352
(1) in senate calendar.

HB16-1380 Add In-home Support Servs Certain Medicaid Waivers 
Sponsors: YOUNG
Summary: The bill adds in-home support services to allowable services for medicaid clients enrolled in home- and community-based services for major mental illness and persons enrolled in home- and community-based services for persons with brain injury. The addition of in-home support services is contingent upon the department of health care policy and financing receiving federal authorization for these services.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/05/2016 Senate Committee on Finance Postpone Indefinitely
Position:
News:
Calendar Notification: Friday, April 8 2016
Public Health Care and Human Services
Upon Adjournment Room 0107
(1) in house calendar.

HB16-1385 Definition Child Abuse Substance Exposure 
Sponsors: SINGER / NEWELL
Summary: The bill updates and modernizes the language in the definition of "abuse" or "child abuse or neglect" in the "Colorado Children's Code" to reflect the ways a child's welfare can be threatened or harmed by adults through the use of or exposure to substances.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/06/2016 Senate Committee on Appropriations Postpone Indefinitely
Position:
News:
Calendar Notification: Tuesday, April 12 2016
Public Health Care and Human Services
1:30 p.m. Room 0107
(4) in house calendar.

HB16-1388 Employer Hiring Criminal History Employee 
Sponsors: MCCANN
Summary: The bill generally prohibits an employer from:
* Advertising that a person with a criminal history may not apply for a position;
* Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
* Making an inquiry about a candidate's arrests or criminal convictions until the candidate has been offered an interview or a conditional offer of employment. An employer is exempt from these restrictions when:
* The law forbids a person from being employed on account of a criminal conviction or requires an employer to consider a candidate's criminal history for the job;
* The employer is participating in a program to encourage employment of people with criminal histories; or
* The job requires a fidelity bond and the criminal history would disqualify the candidate. An employer must keep applications for 9 months. The department of labor and employment will enforce the section with civil penalties. A violation of the restrictions does not create a private cause of action.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/04/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News: Bill to keep criminal history questions off job applications advances
Calendar Notification: Tuesday, April 12 2016
Judiciary
1:30 p.m. Room 0112
(1) in house calendar.

HB16-1389 Safety Procedures Photos As Evidence Child Abuse 
Sponsors: JOSHI
Summary: Current law in the "Colorado Children's Code" allows certain specified medical professionals and law enforcement officials who reasonably believe a child has been abused or neglected to take or cause to be taken color photographs of the areas of trauma visible on the child so that those photographs may be used as evidence of the child abuse or neglect. The bill amends the law to more clearly distinguish what parts of the child's body, including private areas, may be photographed and by whom. The bill also creates different standards of conduct for government employees and nongovernmental employees. Under the bill, a government employee who reasonably believes a child has been abused or neglected may take or cause to be taken color photographs of the areas of trauma or abuse visible in plain sight on the child. "Visible in plain sight on the child'' is defined as an area of the child's body that is normally viewable by the public and that could be observed visually without removal or rearrangement of the child's clothing. "Visible in plain sight on the child" does not include a private area of the child. The bill also defines "private area of the child". "Government employee" is defined as a person employed by the government or acting under the color of state law. "Government" is defined as the state, any county, city and county, municipality, law enforcement agency, and any school district. If a government employee reasonably believes that a private area of a child suspected of being abused or neglected needs to be examined or photographed as evidence of trauma or abuse or as evidence of the absence of trauma or abuse, the government employee shall not examine, unclothe, or rearrange clothing covering private areas, or ask the child to remove or rearrange his or her clothing covering private areas, and shall not take color photographs of the child unless the government employee has:
* Obtained the consent of a parent, guardian, or legal custodian of the child or obtained consent from a child who is 15 years of age or older and less than 18 years of age; or
* Obtained a court order, if the parent, guardian, or legal custodian, or the child, if between the ages of 15 and 18, refuses to give consent, ordering that the child be presented to and examined and evaluated by an independent medical provider, a sexual assault nurse examiner (SANE), or the child's own physician; or
* A reasonable belief that exigent circumstances exist that constitute a medical emergency, in conjunction with a call to 911, or a reasonable suspicion that the child is in immediate threat of serious bodily injury and that the examination and photographing of the private areas of the child is reasonably necessary to treat or prevent serious bodily injury to the child. Under the bill, certain medical professionals who are not government employees and who reasonably believe a child has been abused or neglected may take or cause to be taken color photographs of the areas of trauma or abuse visible in plain sight on the child, and may take or cause to be taken color photographs of the private areas of the child if such actions:
* Are performed for bona fide medical purposes and in a manner that is consistent with reasonable medical practices; or
* Are performed with the consent of a parent, guardian, or legal custodian of the child, or with the consent of a child who is 15 years of age or older and less than 18 years of age; or
* Are performed pursuant to a court order, if the parent, guardian, or legal custodian, or the child, if between the ages of 15 and 18, refuses to give consent, ordering that the child be presented to and examined and evaluated by an independent medical provider, a sexual assault nurse examiner, or the child's own physician. The bill does not prevent a coroner or a medical examiner from taking color photographs of a deceased child in connection with an investigation. The state board of human services is required to adopt rules that create child safety policies and safeguards applicable to county employees and others who are taking photographs pursuant to the bill relating to the taking of photographs of the private areas of children by county employees, the security and storage of any photographs or digital images of the children, and training regarding how to conduct legal searches and the appropriateness of searches of children.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 04/13/2016 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: Wednesday, April 13 2016
State, Veterans, and Military Affairs
Upon Adjournment Room LSB-A
(2) in house calendar.

HB16-1390 Immunity When Overdoses Reported 
Sponsors: MORENO / GUZMAN
Summary: Under current law, a person who reports an emergency drug or alcohol overdose event is immune from criminal prosecution for certain drug-related offenses if certain conditions are satisfied. The bill immunizes the reporter from arrest as well as from prosecution. Under current law, an underage person who calls 911 and reports that another underage person is in need of medical assistance due to alcohol or marijuana consumption is immune from criminal prosecution for certain offenses if certain conditions are satisfied. The bill immunizes the reporter from arrest as well as from prosecution. The bill also extends immunity to the underage person who was in need of medical assistance.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 05/19/2016 Governor Signed
Position:
News:
Calendar Notification: Tuesday, April 12 2016
Public Health Care and Human Services
1:30 p.m. Room 0107
(5) in house calendar.

HB16-1399 Workers' Compensation For PTSD 
Sponsors: SINGER / NEWELL
Summary: The bill clarifies that a workers' compensation claim for mental impairment may not be denied based on the occupation of the worker. Each claimant is required to be evaluated by a licensed, level II fully accredited physician, psychiatrist, or psychologist.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 04/27/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: Friday, April 8 2016
Public Health Care and Human Services
Upon Adjournment Room 0107
(3) in house calendar.

HB16-1407 Extend Medicaid Payment Reform & Innovation Pilot 
Sponsors: YOUNG / STEADMAN
Summary: Joint Budget Committee. The bill removes the date by which the department of health care policy and financing (department) must select payment projects to be included in the medicaid payment reform and innovation pilot program (pilot program), allowing the department to continue selecting new payment projects for the pilot program. Further, the bill removes the date for completion of pilot projects. The bill amends the department's ongoing reporting requirements to specify information that must be included in the annual report. The bill also includes issues relating to the department's evaluation of the payment projects that are part of the pilot program.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/04/2016 Governor Signed
Position:
News:
Calendar Notification: Friday, April 8 2016
THIRD READING OF BILLS - FINAL PASSAGE
(2) in senate calendar.

HB16-1408 Cash Fund Allocations For Health-related Programs 
Sponsors: RANKIN / STEADMAN
Summary: Joint Budget Committee. The bill modifies the allocation of cash fund revenues to various health-related programs as follows:
* The allocation of revenues annually received by the state pursuant to the tobacco litigation settlement (settlement moneys) is modified and streamlined by replacing the current 2-tier allocation system that includes both percentage-based and fixed amount allocations of settlement moneys with a single set of exclusively percentage-based allocations and replacing settlement moneys funding for specified programs with marijuana tax cash fund funding;
* An additional allocation of settlement moneys is made to the university of Colorado health sciences center for the sole purpose of funding cancer research; and
* On July 1, 2016, $20 million is transferred from the children's basic health plan trust to a newly created accountable care collaborative fund on July 1, 2016, for the purpose of funding department of health care policy and financing (HCPF) rate incentives for primary care medical providers, other than providers who are reimbursed on a cost-basis, in the accountable care collaborative established by HCPF. The bill also makes and reduces various appropriations in order to accomplish its purposes and repeals various obsolete statutory provisions relating to the past allocation of settlement moneys and past transfers to and from cash funds.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/04/2016 Governor Signed
Position:
News:
Calendar Notification: Friday, April 8 2016
THIRD READING OF BILLS - FINAL PASSAGE
(3) in senate calendar.

HB16-1411 Fort Lyon Residential Community Study 
Sponsors: RANKIN / STEADMAN
Summary: Joint Budget Committee. In 2013, the general assembly enacted legislation to create a supportive residential community for individuals who are homeless that is operated at the Fort Lyon property (program). The bill repeals the program on July 1, 2019. Prior to the repeal, the bill requires a longitudinal evaluation of the program (study) to be undertaken. The state auditor, with the concurrence of the division of housing in the department of local affairs (division), is required to contract with an independent, 3rd party to conduct the study. The state director of housing is required to appoint 3 members to a Fort Lyon study advisory committee (committee) who are experts in evaluating similar programs. The committee is required to make recommendations about the request for proposals process and the contractor selection process, and along with the division, assist the state auditor in evaluating the contractor's progress on the study. The bill also specifies what the contractor is required to include in the study. The study will include pre- and post-evaluation of the program and, to the extent possible, utilize a matched-comparison group. A contractor may use various program and administrative data sources and comparable studies or reports for the study. The final report is due by August 1, 2018, and the contractor will also prepare a preliminary report. The division is authorized to solicit, accept, and expend gifts, grants, and donations for the study, and the state auditor may use this money to pay the contractor.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/04/2016 Governor Signed
Position:
News:
Calendar Notification: Friday, April 8 2016
THIRD READING OF BILLS - FINAL PASSAGE
(4) in senate calendar.

HB16-1420 CO Healthcare Affordability & Sustainability Enter 
Sponsors: HULLINGHORST / CROWDER
Summary: The bill creates the Colorado healthcare affordability and sustainability enterprise (enterprise) as a type 2 agency and government-owned business within the department of health care policy and financing (HCPF) for the purpose of participating in the implementation and administration of a state Colorado healthcare affordability and sustainability program (program) on and after July 1, 2016, and creates a board consisting of 13 members appointed by the governor with the advice and consent of the senate to govern the enterprise. The business purpose of the enterprise is, in exchange for the payment of a new healthcare affordability and sustainability fee (fee) by hospitals to the enterprise, to administer the program and thereby support hospitals that provide uncompensated medical services to uninsured patients and participate in publicly funded health insurance programs by:
* Participating in a federal program that provides additional matching money to states;
* Using fee revenue, which must be credited to a newly created healthcare affordability and sustainability fee fund and used solely for purposes of the program, and federal matching money to:
* Reduce the amount of uncompensated care that hospitals provide by increasing the number of individuals covered by publicly funded health insurance; and
* Increase publicly funded insurance reimbursement rates to hospitals; and
* Providing or contracting for or arranging advisory and consulting services to hospitals and coordinating services to hospitals to help them more effectively and efficiently participate in publicly funded insurance programs. The bill does not take effect if the federal centers for medicare and medicaid services determine that it does not comply with federal law. The enterprise is designated as an enterprise for purposes of the taxpayer's bill of rights (TABOR) so long as it meets TABOR requirements. The primary powers and duties of the enterprise are to:
* Charge and collect the fee from hospitals;
* Leverage fee revenue collected to obtain federal matching money;
* Utilize and deploy both fee revenue and federal matching money in furtherance of the business purpose of the enterprise;
* Issue revenue bonds payable from its revenues;
* Enter into agreements with HCPF as necessary to collect and expend fee revenue;
* Engage the services of private persons or entities serving as contractors, consultants, and legal counsel for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, including the provision of additional business services to hospitals; and
* Adopt and amend or repeal policies for the regulation of its affairs and the conduct of its business. The existing hospital provider fee program is repealed and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2016. The bill specifies that so long as the enterprise qualifies as a TABOR-exempt enterprise, fee revenue does not count against either the TABOR state fiscal year spending limit or the referendum C cap, the higher statutory state fiscal year spending limit established after the voters of the state approved referendum C in 2005. The bill clarifies that the creation of the new enterprise to charge and collect the fee is the creation of a new government-owned business that provides business services to hospitals as an enterprise for purposes of TABOR and related statutes and does not constitute the qualification of an existing government-owned business as a new enterprise that would require or authorize downward adjustment of the TABOR state fiscal year spending limit or the referendum C cap. In order to compensate for a proposed reduction in the amount of the fiscal year 2016-17 long bill appropriation of revenue from fees collected by HCPF from hospitals and federal matching money, the bill appropriates $146,693,573 in healthcare affordability and sustainability fees and federal funds to the enterprise for fiscal year 2016-17.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/10/2016 Senate Committee on Finance Postpone Indefinitely
Position:
News: Colorado Dems kill GOP bill on $3.5 billion for roads
Budget’s settled, but debate coming on taxes and refund
Calendar Notification: Friday, April 15 2016
GENERAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.

HB16-1421 Allocate Additional FY 2016-17 Gen Fund Revenues 
Sponsors: HULLINGHORST
Summary: Contingent upon the passage of legislation (the CHASE Act) that eliminates the hospital provider fee at the end of fiscal year 2015-16, the bill:
* Requires legislative council staff, as part of its 2016 economic and revenue forecast, to estimate the total amount of general fund revenues that the state would have been required to make unavailable for expenditure in fiscal year 2016-17 and refund in fiscal year 2017-18 but for the enactment of the CHASE Act; and
* Requires the amount estimated by legislative council staff to be allocated as follows:
* On September 30, 2016, the state treasurer must transfer the lesser of the full amount or $50 million to the highway users tax fund (HUTF);
* On September 30, 2016, the state treasurer must transfer the lesser of the full amount remaining after the HUTF transfer has been made or a total amount of $16.2 million in equal parts to the state severance tax trust fund and the local government severance tax fund as repayment of money diverted from those funds to the general fund in fiscal year 2014-15;
* The lesser of the full amount remaining after the HUTF and severance tax fund transfers have been made or a total amount of $40 million must be used to reduce the 2016-17 public school finance negative factor; and
* The lesser of the full amount remaining after the HUTF and severance tax fund transfers and the negative factor allocation have been made or $49.5 million is allocated to governing boards of state-supported institutions of higher education to reduce fiscal year 2017-18 tuition increases and provide additional student financial assistance.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/11/2016 House Second Reading Laid Over to 05/12/2016 - No Amendments
Position:
News:
Calendar Notification: Friday, April 15 2016
GENERAL ORDERS - SECOND READING OF BILLS
(2) in house calendar.

HB16-1436 No Edible Marijuana Products Shaped To Entice Kids 
Sponsors: PABON / NEWELL
Summary: The bill requires the state marijuana licensing authority to promulgate rules that prohibit the production and sale of edible marijuana products that resemble the form of a human, animal, or fruit.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 06/10/2016 Governor Signed
Position:
News: Lawmakers target edible pot in fruit, animal shapes
Calendar Notification: NOT ON CALENDAR

HB16-1445 Prohibit Persons Under 21 At Liquor Stores 
Sponsors: RYDEN
Summary: The bill makes it unlawful for a person licensed to sell alcohol beverages at retail for off-premises consumption to allow a person under 21 years of age to enter the licensed premises unless the person is accompanied by a person who is at least 21 years of age.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 05/03/2016 House Committee on Business Affairs and Labor Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB16-1450 Allocate Additional Available State Revenues 
Sponsors: HULLINGHORST
Summary: Contingent upon the passage of legislation (the CHASE Act) that eliminates the hospital provider fee at the end of fiscal year 2015-16, the bill:
* Requires annual estimation for each of the fiscal years 2016-17 through 2020-21 of the total amount of general fund revenues that the state would have been required to make unavailable for expenditure in the fiscal year and refund in the next fiscal year but for the enactment of the CHASE Act;
* Requires the amount that is estimated for each fiscal year and relied upon by the general assembly in developing and enacting the state budget for the next fiscal year to be allocated in specified amounts and percentages to:
* Repayment of the state severance tax trust fund and the local government severance tax fund for money diverted from those funds since July 1, 2006;
* The state education fund;
* The college opportunity fund program and institutions of higher education to offset student tuition costs, improve student services and academic quality, address controlled maintenance needs, and provide additional need-based student financial assistance;
* The general fund;
* The capital construction fund;
* The highway users tax fund for allocation to the state highway fund for expenditure by the department of transportation (CDOT) for specified transportation projects.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 05/10/2016 Senate Committee on Finance Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-002 Health Exchange Voter Approval To Impose Tax 
Sponsors: LUNDBERG / SIAS
Summary: The bill directs the secretary of state to submit to the voters, at the November 2016 statewide election, the question of whether the Colorado health benefit exchange can impose a tax to support its ongoing operations.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-019 Videotape Mental Condition Evaluations 
Sponsors: COOKE / SAINE
Summary: The bill requires a court-ordered mental condition examination to be video and audio recorded. A copy of the recording must be included with the evaluator's report.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-027 Medicaid Option For Prescribed Drugs By Mail 
Sponsors: MARTINEZ HUMENIK / PRIMAVERA
Summary: For persons receiving medical assistance (recipient), the bill allows the option to receive through the mail prescribed medications used to treat chronic medical conditions. The recipient may receive up to a certain amount of the medication and shall pay the same copayment amount as recipients receiving the medication through any other method. The department of health care policy and financing (department) shall encourage recipients to use local retail pharmacies for mail delivery. The state board of medical services shall adopt rules relating to the option to receive medications through the mail. A pharmacy providing maintenance medications to recipients must be enrolled with the department and registered with the state board of pharmacy and shall comply with state and federal law relating to the provisions of the maintenance medications.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-040 Marijuana Owner Changes 
Sponsors: HOLBERT / PABON
Summary: The bill includes in the definition of "owner", in the medical and retail marijuana codes, a recipient of a commercially reasonable royalty associated with the use by a licensee of intellectual property and a licensed employee who receives a share of the profits from an employee benefit plan. The state licensing authority has the authority to promulgate rules on the parameters of a commercially reasonable royalty. Under current law, an owner of a medical or retail marijuana business must have been a Colorado resident for at least 2 years prior to applying for licensure. The bill allows an owner to be either a 2-year resident of Colorado or a United States citizen on the date of the application for applications submitted on or after January 1, 2017, and prohibits an owner from being a publicly traded company. The bill requires a controlling interest of the licensees, as determined by the operating agreement, to be Colorado residents and maintain that residency while licensees.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-041 CDPS Data On Law Enforcement Marijuana Activities 
Sponsors: BAUMGARDNER / PABON
Summary: Current law requires the division of criminal justice in the department of public safety (division) to gather data and undertake or contract for a study of law enforcement activity and costs related to the legalization of retail marijuana for the 2-year periods commencing January 1, 2006, and January 1, 2014. The study must include both marijuana-initiated contacts by law enforcement and marijuana arrest data. The bill eliminates the requirement that the division collect data and report on costs related to legalized retail marijuana and that the study include marijuana-initiated contacts with law enforcement.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: Monday, April 18 2016
State, Veterans, and Military Affairs
1:30 p.m. Room LSB-A
(1) in house calendar.

SB16-042 Immunity For Persons Involved In Overdose Events 
Sponsors: AGUILAR / MORENO
Summary: Under current law, a person who reports an emergency drug or alcohol overdose event is immune from criminal prosecution for certain drug-related offenses if certain conditions are satisfied. The bill amends these circumstances and extends this immunity to (1) apply to one or 2 other persons who also satisfy the reporting conditions and (2) immunize the reporters from arrests as well as from prosecutions. Under current law, an underage person who calls 911 and reports that another underage person is in need of medical assistance due to alcohol or marijuana consumption is immune from criminal prosecution for certain offenses if certain conditions are satisfied. The bill amends these circumstances and extends this immunity to (1) apply to one or 2 other persons who also satisfy the reporting conditions and (2) immunize the reporters from arrests as well as from prosecutions. The bill also extends this immunity to the underage person who was in need of medical assistance. A person who reports an emergency drug or alcohol overdose event and who meets the requirements for immunity is not subject to a violation of any condition of pretrial release, probation, or parole if the violation arises from the same course of events from which the emergency drug or alcohol overdose event arose. If a person reports an emergency drug or alcohol overdose event, and the person meets the requirements for immunity, and the person is subject to an arrest warrant, a law enforcement officer responding to the emergency drug or alcohol overdose event, in lieu of making an arrest, shall issue a summons to the person if:
* The warrant involves a failure to appear, a failure to pay a fine, or any misdemeanor, petty offense, or traffic offense; and
* The warrant does not involve a felony alleged to have been committed by the person. If a person suffers an emergency drug or alcohol overdose event, the event is reported in good faith, and the person is subject to an arrest warrant, a law enforcement officer responding to the emergency drug or alcohol overdose event, in lieu of making an arrest, shall issue a summons to the person if:
* The warrant involves a failure to appear, a failure to pay a fine, or any misdemeanor, petty offense, or traffic offense; and
* The warrant does not involve a felony alleged to have been committed by the person.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: Senate Committee on Judiciary Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-090 Marijuana Health Effects Data Regional Level 
Sponsors: STEADMAN / YOUNG
Summary: Joint Budget Committee. Under current law, the department of public health and environment is directed to collect data on the health effects of marijuana use at a county level. The bill allows the department to determine whether to collect the data at a county or regional level.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-114 Employee-earned Paid Sick Leave 
Sponsors: CARROLL / DANIELSON
Summary: The bill creates the "Healthy Families and Workplaces Act" (act), which requires all private employers in Colorado to provide paid sick leave to their employees, accrued at one hour of sick leave for every 30 hours worked, subject to the following limits:
* For employers employing 10 or more employees, the employer is not required to provide more than a total of 72 hours of paid sick leave in a 12-month period; and
* For employers employing fewer than 10 employees, the employer is not required to provide more than a total of 40 hours of paid sick leave in a 12-month period. An employee would start accruing paid sick leave when his or her employment begins and would be permitted to use his or her accrued paid sick leave as it is accrued. Additionally, an employee would be allowed to carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued, subject to the caps on the total amount of leave allowed in a 12-month period. Employees may use accrued paid sick leave to be absent from work for the following purposes:
* The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
* The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
* The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or
* A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work. The bill prohibits an employer from retaliating against an employee who uses his or her paid sick leave or otherwise exercises his or her rights under the act. Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor (division) in the department of labor and employment, detailing employees' rights under the act. Employers must retain records documenting, by employee, the hours worked, paid sick leave accrued, and paid sick leave used and make such records available to the division to monitor compliance with the act. The director of the division will implement and enforce the act and adopt rules necessary for such purposes. The bill treats an employee's information about his, her, or a family member's health condition or domestic abuse, sexual assault, or harassment case as confidential and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave. Employers, including public employers, that provide comparable paid leave to their employees and allow employees to use that leave as permitted under the act are not required to provide additional paid sick leave to their employees. Employees covered by a collective bargaining agreement would not be entitled to sick leave under the act if the collective bargaining agreement expressly waives the requirements of the act and provides an equivalent benefit to covered employees.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-118 Screening To Identify Prenatal Substance Exposure 
Sponsors: NEWELL / SINGER
Summary: The bill directs the department of public health and environment (department) to identify a screening questionnaire related to prenatal substance exposure. Information gathered from a screening questionnaire may not be used for either criminal purposes or to justify contact with county departments of human or social services, unless a program's or entity's mandatory reporter of abuse and neglect status is triggered. Home visitation programs, the juvenile justice system, the child welfare system, early childhood providers, schools, and school districts developing a individualized family service plan or a child's initial individualized education program are required to use a screening questionnaire. Birthing facilities and health care providers are strongly encouraged to adopt a consistent practice of screening and documentation for prenatal substance exposure. "Prenatal substance exposure" is defined in the bill as prenatal exposure to regular or binge use of alcohol, over-the-counter and prescription medications, or controlled substances.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-120 Review By Medicaid Client For Billing Fraud 
Sponsors: ROBERTS / CORAM
Summary: The bill requires the department of health care policy and financing (department), by a certain date, to develop and implement an explanation of benefits for medicaid recipients. The purpose of the explanation of benefits is to inform a medicaid client of a claim for reimbursement made for services provided to the client or on his or her behalf, so that the client may discover and report administrative or provider errors or fraudulent claims for reimbursement. The bill specifies certain information that must be included in the explanation of benefits. Specifically, the explanation of benefits must include information regarding at least one method for a medicaid client to report errors in the explanation of benefits. The department shall work with medicaid clients and medicaid advocates to develop an explanation of benefits and educational materials that are understandable to medicaid clients. The explanation of benefits must be sent to clients not less than bimonthly, and the department shall determine the most cost-effective means for producing and distributing the explanation of benefits, which means may include e-mail or distribution with existing communications to clients.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-132 BAC Test Results Not Public Information 
Sponsors: COOKE / FOOTE
Summary: The bill states that the database compiled by the department of public health and environment (department) containing the results of tests of persons' blood alcohol content and drug content, and all records and data thereof, are not public information. The department shall disclose the results of such a test only to:
* The individual who is the subject of the test, or to his or her legal representative; or
* A named interested party in a civil or criminal action in which the test results are directly related, or to his or her legal representative.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-135 Collaborative Pharmacy Practice Agreements 
Sponsors: AGUILAR / GINAL
Summary: The bill allows a health benefit plan to provide coverage for health care services provided by a pharmacist if the pharmacist meets specified requirements. The bill also allows a pharmacist to enter into a collaborative pharmacy practice agreement with one or more physicians if:
* The pharmacist holds a current license to practice in Colorado;
* The pharmacist is engaged in the practice of pharmacy;
* The pharmacist has earned a doctorate of pharmacy degree or completed at least 5 years of experience as a licensed pharmacist;
* The pharmacist carries adequate malpractice insurance;
* The pharmacist agrees to devote a portion of his or her practice to collaborative pharmacy practice; and
* There is a mechanism in place to document changes to medical records. The bill prohibits the employment of a physician or advanced practice nurse for collaborative practice agreements if the physician or advanced practice nurse does not have a separate medical practice. The bill grants rule-making authority to the state board of pharmacy, the Colorado medical board, and the state board of nursing.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: Thursday, April 28 2016
Health, Insurance, and Environment
1:30 p.m. Room 0107
(2) in house calendar.

SB16-147 Suicide Prevention Through Zero Suicide Model 
Sponsors: NEWELL / PETTERSEN
Summary: The bill establishes the Colorado zero suicide model (Colorado model) within the office of suicide prevention (office) in the department of public health and environment (department). The goal and purpose of the Colorado model is to reduce suicide rates and numbers in Colorado through system-level training and strategies for health care systems, including mental and behavioral health systems; physical and mental health clinics in educational institutions; and primary care providers, including pediatricians. The Colorado model, together with the office of suicide prevention, the office of behavioral health, the department, and the department of health care policy and financing, is encouraged to promote coordination of existing data across health systems. Health care and mental and behavioral health systems and organizations throughout the state, including hospitals, state crisis services and regional health systems, community mental health centers, community health systems, health management organizations, and behavioral health organizations, including substance abuse treatment organizations, are encouraged to adopt the 7 core tenets of the national zero suicide model. The office and the department are encouraged to collaborate with relevant entities to coordinate existing data to help gain a more complete understanding of suicide and how to prevent it and to identify groups at the greatest risk. The office shall include a summary of the activities of the Colorado model in the report submitted annually to the general assembly.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 06/16/2016 Sent to the Governor
Position:
News:
Calendar Notification: Thursday, April 28 2016
Health, Insurance, and Environment
1:30 p.m. Room 0107
(1) in house calendar.

SB16-152 Changes And Notices For Health Care Services 
Sponsors: AGUILAR / LONTINE
Summary: The bill requires:
* A facility that is in network to provide a covered person with a written disclosure concerning charges for out-of-network services whenever the network facility schedules a procedure or seeks prior authorization from a carrier for nonemergency services for the covered person;
* An out-of-network, facility-based provider to include specific notices regarding charges in plain language on any billing notice sent to a covered person; and
* A carrier to provide a list in plain language to a covered person or the covered person's authorized representative at the time of preauthorization for a covered benefit to be provided at a facility that is in network. The bill requires carriers to submit information about the use of an out-of-network provider to the commissioner of insurance.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-158 Physician Duties Delegated To Physician Assistant 
Sponsors: LUNDBERG / PRIMAVERA
Summary: The bill clarifies the duties that a physician may delegate to a physician assistant (PA) within his or her scope of practice, including:
* In several areas of law where a statement from a physician is required to verify a medical condition, allowing a PA to issue the statement;
* In workers' compensation matters, permitting a licensed PA to obtain level I accreditation;
* Under health care coverage laws requiring direct access to certain health care providers, adding PAs to the list of providers of reproductive health care and gynecological care, treatment for intractable pain, and pediatric health care to whom a covered person is entitled to have direct access under a health benefit plan;
* Allowing up to 4 PAs to work under the direction and supervision of a licensed podiatrist;
* Applies the requirement that a prescription issued by a PA be imprinted with the name of the supervising physician or podiatrist, as applicable, only to prescriptions for schedule II controlled substances and, for all other prescriptions, requires the name and address of the facility where the PA practices to be imprinted on the prescription; and
* Adding PAs to the list of health care providers who may serve as the public health director for a county or district board of health or who may issue a certificate of immunization for a college student or a certification that a student should be exempted from immunization for medical reasons.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB16-162 Medicaid Recipient Access To Medical Professionals 
Sponsors: TATE / MELTON
Summary: Under current law, recipients of services under the medical assistance program (medicaid) are not responsible for the cost of services by a medical provider or the cost remaining after payment by medicaid or another private insurer, regardless of whether the medical provider is enrolled in the medicaid program, unless the medical services provided are nonreimbursable by medicaid. The bill amends the statute so that the prohibition on charging medicaid recipients for medical services applies only if the medical provider is enrolled in the medicaid program.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: Wednesday, April 13 2016
SENATE HEALTH & HUMAN SERVICES COMMITTEE
Upon Adjournment SCR 352
(1) in senate calendar.

SB16-169 Emergency 72-hour Mental Health Procedures 
Sponsors: MARTINEZ HUMENIK / KRAFT-THARP
Summary: The bill clarifies the difference between a "designated facility", an "emergency medical services facility", and a "law enforcement facility", as those terms are used in connection with the 72-hour emergency mental health procedure. In current law, a person who is being detained under a 72-hour emergency mental health procedure must be taken to a facility that was previously designated or approved by the executive director of the department of human services (designated facility). The bill expands this to allow individuals to be admitted to a law enforcement facility if space is not available in a designated facility or an emergency medical services facility, provided certain conditions are met, including that the person cannot be held for longer than 24 hours in the law enforcement facility without a court order granting a one-time extension, not to exceed 72 additional hours. Current law allows for the facility in which the person is receiving treatment and evaluation to hold the person for a period not to exceed 72 hours from the time of his or her admission to the facility providing treatment and evaluation, excluding Saturdays, Sundays, and holidays, if treatment and evaluation is not available on those days. The bill also excludes from the 72-hour calculation any time required for non-psychiatric medical screening or treatment. It requires that a person who is taken into custody through the emergency procedure must receive an evaluation as soon as possible and receive appropriate treatment for his or her condition for the full period that he or she is in emergency custody. If, at any time during the 72-hour custody, a mental health or medical professional determines the person can be properly cared for without being detained any longer, the person must be discharged as soon as possible.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Vetoed
Position:
News:
Calendar Notification: Monday, April 11 2016
GENERAL ORDERS - SECOND READING OF BILLS
(3) in senate calendar.

SB16-170 Health Benefit Exchange For Medicaid Eligible 
Sponsors: TATE
Summary: The bill authorizes the department to purchase individual health insurance through the exchange for individuals who are eligible for medicaid but prefer private insurance. The bill directs the department of health care policy and financing to apply to the secretary of the federal department of health and human services for all waivers necessary to allow the state to use the subsidy available under the federal "Patient Protection and Affordable Care Act" to purchase a health benefit plan through the Colorado Health Benefit Exchange (exchange). The bill requires the board of the exchange to provide information to the public about the process of purchasing private insurance through the exchange for a person who is eligible for medicaid.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: House Committee on Health, Insurance, & Environment Postpone Indefinitely
Position:
News:
Calendar Notification: Wednesday, April 13 2016
SENATE HEALTH & HUMAN SERVICES COMMITTEE
Upon Adjournment SCR 352
(2) in senate calendar.

SB16-202 Increasing Access Effective Substance Use Serv 
Sponsors: STEADMAN / YOUNG
Summary: Joint Budget Committee. The bill requires each designated regional managed service organization (MSO) throughout the state to assess the sufficiency of effective substance use disorder services in its geographic region for adolescents ages 17 and younger, young adults ages 18 through 25, pregnant women, women who are postpartum and parenting, and other adults who are in need of such services. Each MSO will provide the department of human services (department) and the department of health care policy and financing with a community action plan to increase access to effective substance use disorder services in its geographic region based on the results of the community assessment. The department shall post the results of the MSO community action plans on its website, as well as provide a summary report of the community action plans to the joint budget committee, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. On July 1, 2016, the department shall disburse to each MSO 60% of the MSO's allocation from the marijuana tax cash fund. The department shall disburse to each MSO the remaining 40% of the MSO's allocation after submission of the MSO's community action plan. Each MSO may use up to 15% of its state fiscal year 2016-17 allocation from the marijuana tax cash fund for the community assessment and related community action plan and the remainder for what is not otherwise covered by public or private insurance. Each MSO may utilize money allocated to it from the marijuana tax cash fund to implement its community action plan and increase access to effective substance use disorder services. On July 1, 2017, and on July 1 each year thereafter, the department shall disburse to each MSO 100% of the MSO's allocation from the marijuana tax cash fund. For state fiscal year 2016-17, and each state fiscal year thereafter, the department shall allocate money that is annually appropriated from the marijuana tax cash fund to MSOs based on the department's allocation of the federal substance abuse prevention and treatment block grant for specific geographic areas. The department shall modify the allocation methodology as necessary in subsequent fiscal years. Each MSO shall submit mid-year and annual reports to the department on its activities, use of money, and the impact of its community action plan to increase access to effective substance use disorder services. The department is directed to contract with an evaluation contractor and to work collaboratively with that entity and the department of health care policy and financing to study the overall effectiveness of intensive residential treatment in the state. Prior to entering into a contract for the evaluation of intensive residential treatment, the department shall seek input from MSOs and residential substance use disorder treatment providers concerning relevant outcome measures.
Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: Governor Signed
Position: Actively Support
News:
Calendar Notification: NOT ON CALENDAR

SB16-206 Ban Sale Manufacture Possession Powdered Alcohol 
Sponsors: CADMAN / HULLINGHORST
Summary: In 2015, the general assembly enacted HB 15-1031, which directed the state licensing authority to adopt rules establishing a mechanism for regulating the manufacture, sale, purchase, possession, and use of powdered alcohol if the federal alcohol and tobacco tax and trade bureau approves the purchase, sale, possession, or manufacturing of powdered alcohol. The 2015 legislation also directed the state licensing authority to adopt rules specifying the excise tax that would apply to powdered alcohol. The bill repeals the rule-making authority granted by HB 15-1031 and instead prohibits the use, possession, sale, purchase, transfer, or manufacture of powdered alcohol. The bill also specifies that a person who violates the prohibition commits a class 2 misdemeanor. Research hospitals, educational institutions, and pharmaceutical or biotechnology companies conducting bona fide research are excluded from the prohibition.
Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR