SENIOR LOBBY 2017

HB17-1045 Extend Home Care Allowance Grant Program 
Comment: Christina
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Young / K. Lambert
Summary:

The bill modifies the repeal date of the home care allowance grant program (program). The program will repeal when the revisor of statutes receives notice that there is a consumer-directed service delivery option available for homemaker, personal care, and medical support services for individuals who are receiving home-based and community-based services pursuant to the supported living services waiver.

The bill requires the executive director of the department of human services and the executive director of the department of health care policy and financing to notify the revisor of statutes when the triggering event occurs.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/27/2017 House Considered Senate Amendments - Result was to Concur - Repass
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1067 Update National Standards Citations Accessible Housing 
Comment: Rich
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Thurlow / A. Kerr
Summary:

Statutory Revision Committee.

The bill amends references to an out-of-date version of a standard, formerly promulgated by the American national standards institute but now promulgated by the international code council, that governs construction of accessible housing.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/8/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1087 Office Of Public Guardianship Pilot Program 
Comment: Sharon, Kathleen, Anne, Karen, Charles
Position: Strongly Support
Calendar Notification: Tuesday, May 2 2017
SENATE APPROPRIATIONS COMMITTEE
8:40 AM SCR 357
(2) in senate calendar.
Sponsors: D. Young / K. Lundberg
Summary:

The bill creates the office of public guardianship (office) within the judicial department to provide legal guardianship services to indigent and incapacitated adults who:

  • Have no responsible family members or friends who are available and appropriate to serve as a guardian;
  • Lack adequate resources to compensate a private guardian and pay the costs and fees associated with an appointment proceeding; and
  • Are not subject to a petition for appointment of guardian filed by a county adult protective services unit or otherwise authorized by law.

The office is established as a pilot program, to be evaluated and then continued, discontinued, or expanded at the discretion of the general assembly in 2021. On or before January 1, 2021, the director of the office shall submit a report to the judiciary committees of the senate and the house of representatives. The report, at a minimum, must:

  • Quantify, to the extent possible, Colorado's unmet need for public guardianship services for indigent and incapacitated adults;
  • Quantify, to the extent possible, the average annual cost of providing guardianship services to indigent and incapacitated adults;
  • Quantify, to the extent possible, the net cost or benefit, if any, to the state that may result from the provision of guardianship services to each indigent and incapacitated adult in each judicial district of the state;
  • Assess whether an independent statewide office of public guardianship is preferable and feasible;
  • Analyze costs and off-setting savings to the state from the delivery of public guardianship services; and
  • Provide uniform and consistent data elements regarding service delivery in an aggregate format that does not include any personal identifying information of any person.

The bill creates the public guardianship commission (commission) within the judicial department and charges the commission with appointing a director of the office. The director serves at the pleasure of the commission.

The bill creates the office of public guardianship cash fund (fund) in the state treasury. The fund consists of any money that the office receives from gifts, grants, or donations as well as any other money appropriated to the fund by the general assembly.

The bill requires the director of the office to develop rules to implement the pilot program.

The bill delays the creation of the pilot program and the appointment of the director of the pilot program until the fund receives at least $1,700,000 in gifts, grants, and donations.

The office and the fund are repealed, effective June 30, 2021.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/26/2017 Senate Committee on Judiciary Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1094 Telehealth Coverage Under Health Benefit Plans 
Comment: Diane
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: P. Buck | D. Valdez / L. Crowder | K. Donovan
Summary:

Under current law, health benefit plans are required to cover health care services delivered to a covered person by a provider via telehealth in the same manner that the plan covers health care services delivered by a provider in person. The bill clarifies that:

  • A health plan cannot restrict or deny coverage of telehealth services based on the communication technology or application used to deliver the telehealth services;
  • The availability of telehealth services does not change a carrier's obligation to contract with providers available in the community to provide in-person services;
  • A covered person may receive telehealth services from a private residence, but the carrier is not required to pay or reimburse for any transmission costs or originating site fees the covered person incurs;
  • A carrier is to apply the applicable copayment, coinsurance, or deductible amount to health care services a covered person receives through telehealth, which amount cannot exceed the amount applicable to those health care services when delivered through in-person care; and
  • Telehealth includes health care services provided through HIPAA-compliant audio-visual communication or the use of a HIPAA-compliant application via a cellular telephone but does not include voice-only telephone communication or text messaging.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/16/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1115 Direct Primary Health Care Services 
Comment: Seth
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: P. Buck | J. Ginal / J. Kefalas | J. Tate
Summary:

The bill establishes parameters under which a direct primary care agreement (agreement) may be implemented. An agreement may be entered into between a direct primary health care provider (provider) and a patient for the payment of a periodic fee and for a specified period of time. The provider must be a licensed, registered, or certified individual or entity authorized to provide primary care services.

The bill establishes that the agreement is not the business of insurance or the practice of underwriting and does not fall under regulation of the division of insurance. The bill outlines the conditions under which a provider may discontinue care to a patient.


(Note: This summary applies to this bill as introduced.)

Status: 4/24/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1116 Continue Low-income Household Energy Assistance 
Comment: Rich, Karen
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: T. Exum | M. Hamner / B. Martinez Humenik
Summary:

Current law provides that the department of human services low-income energy assistance fund, the energy outreach Colorado low-income energy assistance fund, and the Colorado energy office low-income energy assistance fund receive conditional funding from the severance tax operational fund through the state fiscal year commencing July 1, 2018. The bill extends the conditional funding through the state fiscal year commencing July 1, 2023.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/23/2017 Senate Committee on Agriculture, Natural Resources, & Energy Refer Unamended to Appropriations
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1121 Patient Safety Act 
Comment: Kelley, Brandi, Diane
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Buckner / N. Todd
Summary:

The bill requires applicants for initial licensure or certification, as well as current licensees and certificate holders, to submit to a fingerprint-based criminal history record check for:

  • Podiatrists ( sections 1 and 2 );
  • Dentists and dental hygienists ( sections 3 and 4 );
  • Medical doctors, physician assistants, and anesthesiologists ( sections 5 and 6 );
  • Nurses ( sections 7 and 8 );
  • Certified nurse aides ( sections 10 and 11 );
  • Optometrists ( sections 13 through 15 ); and
  • Veterinarians ( sections 16 through 18 ).

Section 9 of the bill eliminates the nurse alternative to discipline program.

Section 12 of the bill requires an employer of a certified nurse aide (CNA) to report whenever a CNA is terminated from employment or resigns in lieu of termination, within 30 days after the termination or resignation. The state board of nursing is authorized to fine an employer that fails to report the termination or resignation.

Section 19 amends the 'Medical Transparency Act of 2010' to include a person applying for nurse licensure under the 'Enhanced Nurse Licensure Compact' within the definition of 'applicant'.

Section 20 of the bill repeals the current 'Nurse Licensure Compact' and adopts the 'Enhanced Nurse Licensure Compact'.


(Note: This summary applies to this bill as introduced.)

Status: 3/13/2017 House Committee on Finance Refer Unamended to Appropriations
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1126 Medicaid Appeal Review Legal Notice Requirements 
Comment: Kris, Diane
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Danielson | D. Michaelson Jenet / L. Crowder
Summary:

Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill requires the administrative law judge hearing medicaid appeals to review the legal sufficiency of the notice of action from which the recipient is appealing at the commencement of the appeal hearing if the notice of action concerns the termination or reduction of an existing benefit. If the notice is legally insufficient, the judge shall advise the appellant that he or she may waive the defense of insufficient notice and proceed to a hearing on the merits or may ask the judge to decide the appeal based on the judge's finding of insufficiency. The judge shall advise the appellant that a legally sufficient notice may be issued in the future and that the state may recoup benefits from the appellant.

The provisions of the bill apply to hearings conducted on and after a certain date.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1139 Medicaid Provider Compliance Billing Safety Rules 
Comment: Jeanette,Seth, Christina
Position: Strongly Support
Calendar Notification: Monday, May 1 2017
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 357
(7) in senate calendar.
Sponsors: D. Michaelson Jenet | L. Landgraf / B. Martinez Humenik | J. Kefalas
Summary:

The bill subjects a provider of medicaid services to a civil monetary penalty if the provider improperly bills or seeks collection from a medicaid recipient or the estate of a medicaid recipient. The provider is also liable for a refund to the recipient of any amount unlawfully received from the recipient, including statutory interest, and for all amounts submitted to a collection agency in the name of the recipient. If, within 30 days, a provider voids the bill, returns any amounts unlawfully received, and makes every effort to resolve the collection action for the recipient, the provider is not subject to the penalties outlined in the bill. A provider is not subject to the penalties outlined in the bill if a person knowingly misrepresents his or her medicaid coverage status to the provider and the provider submits documentation relating to the misrepresentation. A provider may appeal the imposition of a civil monetary penalty.

In addition, the bill allows the department of health care policy and financing (department) to require a corrective action plan from any provider who fails to comply with rules, manuals, or bulletins issued by the department, the medical services board, or the department's fiscal agent or from a provider whose activities endanger the health, safety, or welfare of a medicaid recipient.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/27/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1143 Audits of Medicaid Client Correspondence 
Comment: Kris
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Landgraf / L. Crowder
Summary:

Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill directs the office of the state auditor (OSA) to conduct or cause to be conducted an audit of client correspondence, including letters and notices, sent to clients or potential clients in medicaid programs. The audits will be conducted in 2020 and 2023 and thereafter at the discretion of the state auditor.

Among other items set forth in the bill, the performance audits will review client correspondence for readability, understandability, and accuracy. In addition, the audits will review available county data regarding customer contacts relating to client confusion with client correspondence.

The OSA will report audit findings, conclusions, and recommendations to the legislative audit committee, the joint budget committee, the public health care and human services committee of the house of representatives, the health and human services committee of the senate, and the joint technology committee, or any successor committees.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/20/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1176 PERA Public Employees' Retirement Association Retirees Employed By Rural School Districts 
Comment: Eileen
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Becker | B. McLachlan / J. Sonnenberg
Summary:

Current law allows a service retiree of any division of the public employees' retirement association (PERA) to work for a PERA employer for limited periods and to receive a salary without reduction in benefits under certain circumstances. Several rural school districts in the state have recently experienced a shortage of teachers, school bus drivers, and school food services cooks and would ideally address the shortages by hiring service retirees. PERA's employment after retirement provisions, including the limitation on the number of days in a calendar year that a service retiree may work for a PERA employer without a reduction in benefits, make it difficult for school districts to fill their vacancies with retired teachers, school bus drivers, and school food services cooks.

The bill modifies the current PERA employment after retirement provisions for certain retirees hired by an employer in the school division if:

  • The employer that hires the service retiree is a rural school district as determined by the department of education based on certain criteria and the school district enrolls 6,500 students or fewer in kindergarten through 12th grade;
  • The school district hires the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district or for the purpose of being a school food services cook; and
  • The school district determines that there is a critical shortage of qualified teachers, school bus drivers, or school food services cooks, as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district.

A service retiree who is a teacher, a school bus driver, or a school food services cook and who is hired by an employer in the school division that satisfies the criteria above may receive salary without a reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any PERA employer during the month of the effective date of retirement.

In addition, the bill requires the employer that hires the service retiree to provide full payment of all PERA employer contributions, disbursements, and working retiree contributions. The bill also specifies that a service retiree who is a teacher, school bus driver, or food services cook and who is hired by an employer in the school division:

  • Is not required to resume PERA membership;
  • Will not receive a PERA health care premium subsidy;
  • Is eligible to participate in the health plan offered by the employer;
  • May not receive salary without reduction in benefits and without limitation in a calendar year for more than 6 consecutive years; and
  • May not be employed by the school district from which he or she retired until 2 years after retirement if he or she retired without a full service retirement benefit.

By December 1, 2020, PERA is required to submit a report including specified information to the general assembly regarding the additional employment after retirement provisions for teachers, school bus drivers, and food services cooks.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/27/2017 House Considered Senate Amendments - Result was to Concur - Repass
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1188 Harassment Sexual Orientation Or Disability 
Comment: Jeanette
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Foote / D. Coram | D. Moreno
Summary:

Colorado's law concerning bias-motivated crimes prohibits the intimidation or harassment of another person because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation. However, Colorado's harassment statute makes harassment a class 1 misdemeanor if the offender commits harassment with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, or national origin.

The bill adds physical or mental disability and sexual orientation to the categories described in the harassment statute to make the statute consistent with Colorado's law concerning bias-motivated crimes.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/26/2017 Sent to the Governor
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1191 Demographic Notes For Certain Legislative Bills 
Comment: Jeanette, Ed
Position: Support
Calendar Notification: Monday, May 1 2017
THIRD READING OF BILLS - FINAL PASSAGE
(7) in house calendar.
Sponsors: L. Herod | K. Becker
Summary:

The bill requires the staff of the legislative council to prepare demographic notes on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 5 demographic notes each, or more at the discretion of the director of research of the legislative council.

The bill requires the staff of the legislative council to meet with the member of leadership requesting the demographic note and with the sponsor of the legislative bill to discuss whether a demographic note can practically be completed for that legislative bill. If not, the member of leadership may request a demographic note, within the limits specified in the bill, on a different legislative bill that might be more conducive to a demographic note's analysis.

A demographic note is defined as a note that uses available data to outline the potential disparate effects of a legislative measure on various populations within the state. Populations may be identified by race, gender, disability, age, geography, income, or any other relevant characteristic for which data are available.

The bill requires the director of research to develop the procedures for requesting, completing, and updating the demographic notes and to memorialize the procedures in a letter to the executive committee of the legislative council.

Finally, the bill requires each state department, agency, or institution to cooperate with and provide information for a demographic note of a legislative bill in the manner requested by the staff of the legislative council.


(Note: This summary applies to this bill as introduced.)

Status: 4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1222 Create Family Caregiver Support Fund Tax Check-off 
Comment: Steve
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Landgraf / B. Gardner
Summary:

The bill creates the family caregiver support fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue (department) certifies to the revisor of statutes that:

  • There is a space available on the form; and
  • The fund is next in the queue.

Once the fund is placed on the form, the department is directed to determine annually the total amount contributed to the fund and report that amount to the state treasurer and the general assembly. The state treasurer is required to credit that amount to the fund, and the general assembly appropriates from the fund to the department the costs of administering moneys designated for the fund. After that amount is deducted, the moneys remaining in the fund at the end of a fiscal year are transferred to Easter Seals Colorado, a nonprofit organization.

Following the statutory 2-year grace period for new tax check-offs, the fund is required to achieve the minimum contribution amount of $50,000 per year to remain on the form.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/18/2017 Senate Third Reading Passed - No Amendments
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1246 ST-elevation Myocardial Infarction Task Force Recommendations Heart Attack Care 
Comment: Jeanette
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: T. Kraft-Tharp / L. Garcia | J. Tate
Summary:

In 2013, the general assembly enacted SB 13-225, which established a task force in the department of public health and environment (department) to study and make recommendations for developing a statewide plan to improve quality of care to STEMI heart attack patients. ('STEMI' is an acronym for ST-elevation myocardial infarctions.) The study was to explore, among other things, the creation of a database for collecting data on STEMI care and access to aggregated STEMI data from the database for purposes of improving STEMI heart attack care.

The bill implements the following recommendations of the task force, with some modifications:

  • Requires a hospital that is accredited as a STEMI receiving center to report to a specified national heart attack database data that is consistent with nationally recognized guidelines on individuals with confirmed heart attacks within the state;
  • Within 30 days after receiving quarterly reports from the heart attack database, requires hospitals to submit those reports to the department;
  • Specifies that reports obtained by the department are privileged and strictly confidential, are not subject to subpoena or discovery, and are not admissible in a civil, criminal, or administrative proceeding; and
  • Requires the department to sign a letter of commitment with the American College of Cardiology to ensure compliance with the confidentiality requirements and to request national reporting measures and metrics for benchmarking data.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/27/2017 House Considered Senate Amendments - Result was to Concur - Repass
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1253 Protect Seniors From Financial Abuse 
Comment: Kip, Kelley,Rich,John
Position: Strongly Support
Calendar Notification: Monday, May 1 2017
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS(RESOLUTIONS)
(2) in house calendar.
Sponsors: J. Danielson / L. Crowder
Summary:

The bill requires that if certain licensed securities professionals (qualified individuals), while acting within the scope of their employment, reasonably suspect that an elderly or at-risk person is the subject of financial exploitation, the broker-dealer or investment adviser shall report the suspected financial exploitation to the commissioner of securities (commissioner). The commissioner is required to forward the report to local law enforcement and to the county department of human or social services. The commissioner has access to records to conduct an investigation, but the records are not subject to an open records request.

The bill also authorizes the qualified individual to notify any third party designated by or associated with the elderly or at-risk person of any suspected financial exploitation. It also authorizes the broker-dealer or investment adviser to delay disbursement of a transaction that might result in financial exploitation.

The bill provides immunity to qualified individuals, broker-dealers, and investment advisers making reports, disclosures, or delaying disbursements under the bill.

For qualified individuals who are also required to report mistreatment of an elderly or at-risk person pursuant to the 'Colorado Criminal Code' (code), the bill clarifies that, if the individual makes a report pursuant to the code, the individual does not have to submit a report with the commissioner, and that filing a report with the commissioner does not satisfy the individual's obligation pursuant to the code.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/28/2017 House Considered Senate Amendments - Result was to Laid Over to 05/01/2017
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1264 PACE Ombudsman Program Add Local Ombudsmen 
Comment: Jeanette, Christina
Position: Strongly Support
Calendar Notification: Monday, May 1 2017
THIRD READING OF BILLS - FINAL PASSAGE
(11) in house calendar.
Sponsors: J. Ginal | P. Lawrence / C. Jahn | B. Martinez Humenik
Summary:

The existing all-inclusive care for the elderly (PACE) program includes the state PACE ombudsman. The bill adds local PACE ombudsmen to the state ombudsman's office (office).

The bill contains provisions relating to local PACE ombudsmen, including training, designation as representatives of the office, access to PACE centers and participants, authority to file complaints on behalf of PACE participants, and immunity from liability.

The bill includes time frames for the state PACE ombudsman to complete duties and functions of the office, including establishing statewide policies and procedures for investigating and resolving complaints relating to PACE programs and training local PACE ombudsmen.

The department of human services shall report to the joint budget committee and to its legislative committee of reference concerning the long-term care ombudsman program and the state PACE ombudsman program, including program caseloads and the need, if any, for additional local ombudsmen.

The bill repeals statutory provisions relating to stakeholder recommendations and a report concerning the expansion of the PACE ombudsman program to include local PACE ombudsmen.


(Note: This summary applies to this bill as introduced.)

Status: 4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1279 Construction Defect Actions Notice Vote Approval 
Comment: Ed
Position: Monitor
Calendar Notification: Monday, May 1 2017
SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
2:00 PM SCR 354
(1) in senate calendar.
Sponsors: A. Garnett | L. Saine / L. Guzman | J. Tate
Summary:

The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must:

  • Notify all unit owners and the developer or builder against whom the lawsuit is being considered;
  • Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments and the developer or builder may, but is not required to, make an offer to remedy the defect; and
  • Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.

The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/24/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1284 Data System Check For Employees Serving At-risk Adults 
Comment: Kelley, Jeanette, Diane
Position: Strongly Support
Calendar Notification: Monday, May 1 2017
SENATE JUDICIARY COMMITTEE
1:30 PM SCR 352
(4) in senate calendar.
Sponsors: S. Lontine / I. Aguilar | B. Gardner
Summary:

The bill establishes a state-level program (program) within the department of human services (department) for a check of the department's Colorado adult protective services (CAPS) data system. The CAPS check verifies whether a person is substantiated in a case of mistreatment of an at-risk adult, as defined in the bill. A person must be substantiated in a case of mistreatment of an at-risk adult, and the administrative appeals process must be concluded, before the person's name is included in a CAPS check for an employer.

On and after a date stated in the bill, the bill requires certain employers at facilities or programs that serve at-risk adults to request a CAPS check prior to hiring employees who will provide direct care, as defined in the bill, to at-risk adults.

The bill grants immunity from civil liability for employers who make an employment decision based upon the information obtained in the CAPS check, unless the employer knows that the information is false.

The bill requires the department to promulgate rules relating to the investigation of reports of mistreatment of at-risk adults and the notification of perpetrators of the finding and of the right to administrative appeal to the department. The department shall provide training to county departments of human or social services relating to investigations, the accurate entry of documentation into CAPS, and confidentiality of information.

Further, the department shall promulgate rules concerning the process and procedures for the CAPS check, including rules relating to submitting a CAPS check request, the timeline for completion of a CAPS check, the employer-paid fee for each check, department personnel granted access to CAPS, information provided to an employer as part of a CAPS check, the consequences of the improper release of the information in CAPS, and the expungement of records in CAPS.

A person who improperly releases or willfully permits the release of CAPS information to persons not entitled to access to the information pursuant to the program commits a class 1 misdemeanor.

The list of employers required to request a CAPS check includes:

  • Health facilities licensed by the department of public health and environment;
  • An adult day care facility;
  • A community integrated health care service agency;
  • A community-centered board or service agency;
  • A single entry point agency;
  • An area agency on aging;
  • A facility operated by the department for persons with mental illness;
  • A facility operated by the department for persons with intellectual and developmental disabilities; and
  • A veterans community living center.

County departments of human or social services are required to conduct a CAPS check of adult protective services employees. The department is authorized to assess a fee for each CAPS check sufficient to cover certain expenses, including those related to the CAPS check.

The bill includes conforming amendments concerning the CAPS check requirement in statutes relating to employers subject to the requirement.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/26/2017 Introduced In Senate - Assigned to Judiciary
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1293 Local Government Officials On Nonprofit Boards 
Comment: Seth, Ed
Position: Monitor
Calendar Notification: Tuesday, May 2 2017
SENATE LOCAL GOVERNMENT COMMITTEE
2:00 PM SCR 354
(1) in senate calendar.
Sponsors: J. Melton / N. Todd
Summary:

The bill specifies that it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official to serve on the board of directors of a nonprofit entity. A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/26/2017 Introduced In Senate - Assigned to Local Government
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1305 Limits On Job Applicant Criminal History Inquiries 
Comment: Kris, Jeanette
Position: Support
Calendar Notification: Monday, May 1 2017
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 357
(3) in senate calendar.
Sponsors: J. Melton | M. Foote / L. Guzman
Summary:

The bill applies to employers with 15 or more employees and prohibits those employers 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 an applicant's criminal history on an initial application.

An employer may obtain a job applicant's criminal background report at any time.

An employer is exempt from the restrictions on advertising and initial employment applications when:

  • The law prohibits a person who has a particular criminal history from being employed in a particular job;
  • The employer is participating in a program to encourage employment of people with criminal histories; or
  • The employer is required by law to conduct a criminal history record check for the particular position.

The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment antidiscrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/24/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1307 Family And Medical Leave Insurance Program Wage Replacement 
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: F. Winter / D. Moreno | R. Fields
Summary:

The bill creates the family and medical leave insurance (FAMLI) program in the division of family and medical leave insurance (division) in the department of labor and employment (department) to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition.

Each employee in the state will pay a premium determined by the director of the division by rule, which premium is based on a percentage of the employee's yearly wages and must not exceed .99%. The premiums are deposited into the family and medical leave insurance fund from which family and medical leave benefits are paid to eligible individuals. The director may also impose a solvency surcharge by rule if determined necessary to ensure the soundness of the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR).


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/28/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1309 Documentary Fee To Fund Affordable Housing 
Comment: Diane, Rich
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: F. Winter | D. Jackson / D. Coram | L. Guzman
Summary:

Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing.

Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018.

Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund).

Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund.

All moneys in the fund must be expended for the purpose of supporting new or existing programs that:

  • Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and
  • Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units.

The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is:

  • Up to 80% of the area median income for rental occupancy; and
  • Up to 110% of the area median income for home ownership.

This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents.

New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill.

Section 3 also requires the authority to submit a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3-year period thereafter, specifying the use of the fund during the prior 3-year period. The report is to be sent to the governor and to the senate and house finance committees. The report must include information on all moneys allocated to, and expended from, the fund.


(Note: This summary applies to this concurrent resolution as introduced.)

Status: 4/28/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1310 Residential Landlord Application Screening Fee 
Comment: Kris, Seth
Position: Support
Calendar Notification: Monday, May 1 2017
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 357
(11) in senate calendar.
Sponsors: D. Jackson | C. Kennedy / S. Fenberg
Summary:

With respect to an application screening fee that a landlord may charge a prospective tenant, the bill:

  • Limits the fee to cover the landlord's actual costs;
  • Requires the landlord to provide any person who has paid the fee with either a disclosure of the landlord's anticipated expenses for which the fee will be used or a receipt that itemizes the landlord's actual expenses incurred. The landlord may provide the person with an electronic receipt, unless the person requests a paper receipt.
  • Requires the landlord to return any amount of the fee that is not used as authorized by law; and
  • Establishes a penalty for a landlord that does not comply with the requirements related to the fee.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/24/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1312 Residential Lease Copy And Rent Receipt 
Comment: Kris
Position: Support
Calendar Notification: Monday, May 1 2017
THIRD READING OF BILLS - FINAL PASSAGE
(28) in house calendar.
Sponsors: T. Exum | A. Benavidez / D. Moreno
Summary:

The bill requires a residential landlord to provide each tenant with a copy of a written rental agreement signed by the parties and to give a tenant a receipt for a payment made with cash or a money order. The landlord may provide the tenant with an electronic copy of the agreement or the receipt, unless the tenant requests a paper copy.


(Note: This summary applies to this bill as introduced.)

Status: 4/28/2017 House Second Reading Special Order - Passed with Amendments - Floor
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1318 Division Of Insurance Annual Report Pharmaceutical Costs Data 
Comment: Ed, Kelley, Diane
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Ginal / D. Coram | J. Kefalas
Summary:

By March 31, 2018, and by each March 31 thereafter through March 31, 2020, the bill requires health insurers to submit to the commissioner of insurance (commissioner) information regarding pharmaceuticals covered under individual and group health insurance plans in prior years. Carriers are to report the following information, separately stated with regard to individual and group market segments:

  • The total pharmaceutical costs, including cost-sharing amounts paid by insured persons, and the aggregate net pharmaceuticals costs, after negotiated rebates and discounts;
  • The net cost of pharmaceuticals, expressed as a percentage of total medical costs; and
  • A list of the drug classes of the 10 pharmaceuticals that were most dispensed and had the highest gross spending.

The bill also requires carriers providing or administering state group benefit plans for state employees to report the pharmaceutical cost data.

The commissioner is directed to aggregate and analyze the data and submit an annual report to the governor and specified legislative committees on trends in pharmaceutical drug costs in the insurance market, including most-prescribed and highest-cost pharmaceuticals.

The commissioner is authorized to adopt rules as necessary to implement the requirements of the bill. The reporting requirements are repealed on January 31, 2021.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/28/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1322 Domestic Violence Reports By Medical Professionals 
Comment: Bob, Muriel, Diane
Position: Support
Calendar Notification: Monday, May 1 2017
THIRD READING OF BILLS - FINAL PASSAGE
(27) in house calendar.
Sponsors: D. Esgar | L. Landgraf / K. Lundberg | K. Donovan
Summary:

Current law requires any licensed physician, physician assistant, or anesthesiologist assistant (licensee) who attends or treats any of certain injuries, including injuries resulting from domestic violence, to report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located.

The bill states that a licensee shall not report an injury that the licensee has reason to believe involves an act of domestic violence if:

  • The victim of the injury is at least 18 years of age and indicates his or her preference that the injury not be reported;
  • The injury is not an injury that the licensee is otherwise required to report;
  • The licensee has no reason to believe that the injury involves a criminal act other than domestic violence; and
  • The licensee has referred the victim to a victim's advocate.

The licensee shall document the victim's request in the victim's medical record.

Under current law, any licensee who, in good faith, makes such a report of an injury is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of the report. The bill states that a licensee who does not make a report under the new conditions described in the bill is also immune to such liability.


(Note: This summary applies to this bill as introduced.)

Status: 4/28/2017 House Second Reading Special Order - Passed with Amendments - Floor
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1350 Pharmacist Partial Fill Opioid Prescription 
Comment: Ed
Position: Monitor
Calendar Notification: Monday, May 1 2017
GENERAL ORDERS - SECOND READING OF BILLS
(5) in house calendar.
Sponsors: B. Pettersen | L. Liston / J. Smallwood | C. Jahn
Summary:

The bill:

  • Allows a pharmacist to dispense a schedule II opioid in a lesser amount than the prescribed amount if certain circumstances are met;
  • Limits the time that the remaining portions of a partially filled prescription for a schedule II opioid drug may be filled; and
  • Directs a pharmacist partially filling a prescription for a schedule II opioid to retain the original prescription at the pharmacy, report the partial fill to the prescription drug monitoring program, and notify the prescribing health care provider that the prescription was partially filled.
    (Note: This summary applies to this bill as introduced.)

Status: 4/27/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1354 Collection Of Delinquent Taxes On Mobile Homes 
Comment:
Position: Monitor
Calendar Notification: Thursday, May 4 2017
SENATE FINANCE COMMITTEE
Upon Adjournment SCR 357
(4) in senate calendar.
Sponsors: K. Becker / K. Priola | J. Kefalas
Summary:

Mobile homes are homes built prior to the passage of the 'National Manufactured Housing Construction and Safety Standards Act of 1974', and manufactured homes are homes built after its passage. Mobile or manufactured homes that are affixed to the ground, and are therefore no longer capable of being moved, have a certificate of permanent location and are valued, taxed, and subject to tax collection in the same manner as all other real property. Mobile or manufactured homes that are not affixed to the ground, and are therefore capable of being moved, have a certificate of title and are valued and taxed as real property but subject to the collection of taxes like personal property.

Current law requires that when taxes are delinquent on personal property, the county treasurer must enforce the collection of delinquent taxes by commencing a court action or by distraining, seizing, and selling the property. This includes mobile or manufactured homes that are not affixed to the ground. The bill modifies the county treasurer's duties in connection with the collection of delinquent taxes on such mobile or manufactured homes that are not affixed to the ground. Specifically, the bill makes the process to enforce the collection of delinquent taxes on mobile or manufactured homes that are not affixed to the ground permissive, and therefore gives the county treasurer more flexibility to enter into partial payment agreements with the owners of such mobile or manufactured homes. The bill authorizes the county treasurer to declare tax liens on mobile or manufactured homes that are not affixed to the ground as county-held to address title deficiencies in conjunction with the collection of taxes. In addition, the bill authorizes the county treasurer to withhold tax liens on mobile or manufactured homes that are not affixed to the ground from being sold to investors.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/28/2017 Introduced In Senate - Assigned to Finance
Fiscal Notes:

Fiscal Note

Amendments:

SB17-003 Repeal Colorado Health Benefit Exchange 
Comment: Seth Greiner
Position: Strongly Oppose
Calendar Notification: Monday, May 1 2017
GENERAL ORDERS - SECOND READING OF BILLS
(1) in senate calendar.
Sponsors: J. Smallwood / P. Neville
Summary:

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. The bill repeals the act, effective January 1, 2018, and allows the exchange to continue for one year for the purpose of winding up its affairs. The bill also requires the board, on the last day of the wind-up period, to transfer any unencumbered money that remains in the exchange to the state treasurer, who shall transfer the money to the general fund.


(Note: This summary applies to this bill as introduced.)

Status: 4/24/2017 Senate Second Reading Laid Over to 05/01/2017 - No Amendments
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-011 Study Transportation Access For People With Disabilities 
Comment: Ky & Bob
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Lambert / P. Lawrence
Summary:

The bill creates a technical demonstration forum consisting of eight members to study and document how advanced technologies can improve transportation access for people with disabilities. The forum consists of the following agency officers or their designees:

  • The executive director of the department of labor and employment, who serves as chair of the forum;
  • The executive director of the department of health care policy and financing, who serves as vice-chair of the forum;
  • The director of the public utilities commission;
  • The chief information officer of the office of information technology;
  • The executive director of the department of human services;
  • The director of the division of veterans affairs;
  • The superintendent of the Colorado school for the deaf and the blind; and
  • The executive director of the department of transportation.

To demonstrate the transportation access needs of people with disabilities in both urban and rural areas of the state, the forum is directed to study the transportation access needs of people with disabilities in El Paso and Teller counties and explore technological and transportation business solutions that could increase transportation access for people with disabilities in those areas. The forum may recommend that the executive director of the department of labor and employment enter into a contract with a technology developer or transportation business to conduct one or more pilot projects in El Paso County, Teller County, or both counties to demonstrate the efficacy of a certain technology or transportation business product to improve transportation access for people with disabilities.

On or before December 31, 2017, the forum is required to publish a report of its research and findings, including the results of any pilot projects and any legislative recommendations developed, and to furnish copies of the report to the governor, members of the general assembly's majority and minority leadership, and the members of the joint budget committee.

The forum and its responsibilities are repealed, effective July 1, 2018.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/20/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-043 Transportation Network Company Drivers Medical Certificate Not Required 
Comment: Kris, Steve
Position: Oppose
Calendar Notification: Wednesday, May 3 2017
House Transportation & Energy
1:30 p.m. Room 0112
(3) in house calendar.
Sponsors: O. Hill | D. Moreno / P. Neville | D. Pabon
Summary:

The bill eliminates the requirement for a medical certificate for persons who drive for transportation network companies.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/6/2017 Introduced In House - Assigned to Transportation & Energy
Fiscal Notes:

Fiscal Note

Amendments:

SB17-045 Construction Defect Claim Allocation Of Defense Costs 
Comment: Kip, Ed, John
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Williams | K. Grantham / C. Wist | C. Duran
Summary:

In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer's duty to defend.


(Note: This summary applies to this bill as introduced.)

Status: 2/8/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-065 Transparency In Direct Pay Health Care Prices 
Comment: Kelley
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Lundberg / S. Lontine
Summary:

The bill creates the 'Transparency in Health Care Prices Act', which requires health care professionals and health care facilities to make available to the public the health care prices they assess directly for common health care services they provide. Health care professionals and facilities are not required to submit their health care prices to any government agency for review or approval. Additionally, the act prohibits health insurers, government agencies, or other persons or entities from penalizing a health care recipient, provider, facility, employer, or other person or entity who pays directly for health care services or otherwise exercises rights under or complies with the act. The bill takes effect January 1, 2018.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-075 Income Tax Deduction For Military Retirement Benefits 
Comment: Bob
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Crowder / L. Landgraf | J. Danielson
Summary:

The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate. Currently, a person who is 55-64 years old may deduct up to $20,000 of retirement benefits from federal taxable income, and a person who is 65 years old or older may deduct up to $24,000. These limits apply to retirement benefits from all sources, including those related to service in the military.

The bill creates an additional deduction under which a person of any age may deduct a percentage of military retirement benefits from his or her state income tax. In 2018, the percentage is equal to 10%, and it increases by 10% each year thereafter until all military retirement benefits are exempt. All other retirement benefits and military retirement benefits in excess of the limit for the new deduction continue to be deductible under the existing deduction, subject to the existing limits on ages and amounts.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/26/2017 House Committee on Finance Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-091 Allow Medicaid Home Health Services In Community 
Comment: Ky, Christina
Position: Strongly Support
Calendar Notification: Monday, May 1 2017
THIRD READING OF BILLS - FINAL PASSAGE
(23) in house calendar.
Sponsors: D. Moreno | L. Crowder / J. Ginal
Summary:

Under current law, for some clients, home health services under the medicaid program may only be provided in the client's residence. The bill removes the location restriction for home health services to comply with changes to federal medicaid rules that allow for services to be delivered in the community as well as the residence.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/28/2017 House Second Reading Special Order - Passed - No Amendments
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-105 Consumer Right To Know Electric Utility Charges 
Comment: Steve
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Garcia / D. Esgar | K. Becker
Summary:

The bill requires an investor-owned electric utility to file with the public utilities commission (commission) for the commission's review a comprehensive billing format that the investor-owned electric utility has developed for its monthly billing of customers. An investor-owned electric utility shall file the comprehensive billing format pursuant to a schedule determined by the commission. The comprehensive billing format must include the following:

  • A line-item representation of all monthly charges and credits applied to the customer and an indication whether the charges have increased from the prior month as a result of increased fuel costs;
  • For months in which tiered rates are applied, a breakdown of the tiered rates and the amount of usage to which each rate was applied for the month;
  • The rate and usage for the current month and each of the previous 12 months, as shown in a bar graph or other visual format; and
  • For customers to which demand rates apply, a listing of the demand charge, aggregated data about the demand during the billing period, and, if the customer is a residential customer, a calculation of the amount that the customer would have been billed had standard residential rates applied.

The bill also requires each investor-owned utility to provide its customers, on a biannual basis, with an insert that indicates, as a percentage, each fuel source used in power generation and purchased for the utility.

The bill sets forth procedures for the commission's review of a filed comprehensive billing format and provides that once a comprehensive billing format has been approved by the commission, the investor-owned utility need not refile it unless changes have been made to it.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/21/2017 Senate Considered House Amendments - Result was to Concur - Repass
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-121 Improve Medicaid Client Correspondence 
Comment: Kris, Brandi
Position: Strongly Support
Calendar Notification: Monday, May 1 2017
THIRD READING OF BILLS - FINAL PASSAGE
(24) in house calendar.
Sponsors: K. Lundberg | L. Crowder / L. Landgraf | J. Danielson
Summary:

Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill requires the department of health care policy and financing (department) to engage in an ongoing process to improve medicaid client communications, including client letters and notices, that concern eligibility for or the denial, reduction, suspension, or termination of a benefit. Among other requirements included in the bill, the department shall ensure that client communications are accurate, readable, and understandable, clearly conveying the purpose of the letter or notice and the specific action or actions that the client must take in response to the letter or notice.

The bill requires the department to include in certain notices a specific and plain language explanation of the basis for the denial, reduction, suspension, or termination of a benefit; and a description of necessary information or documents that the client has not provided. If sufficient state and federal appropriations are available, on and after July 1, 2018, the department shall make available electronically a client's information concerning household composition, assets, and income sources and amounts, if relevant to the determination for which the client correspondence was issued.

The department may test new or significantly revised client communications against the requirements included in the bill with a representative sample of medicaid clients, advocacy organizations, and counties prior to implementing the client communications. The department shall also develop a process to consider feedback from stakeholders and counties prior to implementing significant changes to correspondence.

The department shall also ensure that letters and notices affecting clients with disabilities, seniors, and other vulnerable populations are appropriately prioritized for improvement consistent with the requirements in the bill. The department shall receive feedback from the workgroup established to provide customer and community partner feedback regarding client communications as part of the department's involvement in state-level decision-making relating to computer system changes and training.

The department shall provide information concerning medicaid client communications improvements as part of its annual presentation to its legislative committee of reference.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/28/2017 House Second Reading Special Order - Passed - No Amendments
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-146 Access To Prescription Drug Monitoring Program 
Comment: Kelley, Seth
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: C. Jahn / J. Ginal
Summary:

The bill modifies provisions relating to licensed health professionals' access to the electronic prescription drug monitoring program as follows:

  • Allows a health care provider who has authority to prescribe controlled substances, or the provider's designee, to query the program regarding a current patient, regardless of whether the provider is prescribing or considering prescribing a controlled substance to that patient;
  • Specifies that a veterinarian who is authorized to prescribe controlled substances may access the program to inquire about a current patient or client if the veterinarian suspects that the client has committed drug abuse or mistreated an animal; and
  • Specifies that, in addition to accessing the program when dispensing or considering dispensing a controlled substance, a pharmacist or designee of the pharmacist may access the program regarding a current patient to whom the pharmacist is dispensing or considering dispensing a prescription drug.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments:

SB17-155 Statutory Definition Of Construction Defect 
Comment: Kip, Ed, John
Position: Monitor
Calendar Notification: Monday, May 1 2017
SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
2:00 PM SCR 354
(2) in senate calendar.
Sponsors: J. Tate / L. Saine
Summary:

The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action Reform Act'.


(Note: This summary applies to this bill as introduced.)

Status: 4/12/2017 Senate Committee on Business, Labor, & Technology Witness Testimony and/or Committee Discussion Only
Fiscal Notes:

Fiscal Note

Amendments:

SB17-203 Prohibit Carrier From Requiring Alternative Drug 
Comment: Kelley, Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: N. Todd / P. Covarrubias | C. Kennedy
Summary:

The bill prohibits a carrier from requiring a covered person to undergo step therapy:

  • When being treated for a terminal condition; or
  • If the covered person has tried a step-therapy-required drug under a health benefit plan and the drug was discontinued by the manufacturer.

A carrier that requires step therapy must have an override process for health care providers.

'Step therapy' is defined as a protocol that requires a covered person to use a prescription drug or sequence of prescription drugs, other than the drug that the covered person's health care provider recommends for the covered person's treatment, before the carrier provides coverage for the recommended drug.


(Note: This summary applies to this bill as introduced.)

Status: 4/27/2017 House Considered Senate Adherence - Result was to Recede
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-207 Strengthen Colorado Behavioral Health Crisis System 
Comment: Kelley
Position: Monitor
Calendar Notification: Tuesday, May 2 2017
SENATE APPROPRIATIONS COMMITTEE
8:40 AM SCR 357
(6) in senate calendar.
Sponsors: J. Cooke | D. Kagan / L. Sias | J. Salazar
Summary:

The bill clarifies the intent of the general assembly for establishing a coordinated behavioral health crisis response system (crisis system). The crisis system is intended to be a comprehensive, appropriate, and preferred response to behavioral health crises in Colorado. By clarifying the role of the crisis system and making necessary enhancements, the bill puts systems in place to help Colorado end the use of jails and correctional facilities as placement options for individuals placed on emergency mental health holds if they have not also been charged with a crime and enhances the ability of emergency departments to serve individuals who are experiencing a behavioral health crisis. The crisis system is intended to provide an appropriate first line of response to individuals in need of an emergency 72-hour mental health hold. The statewide framework created by the crisis system strengthens community partnerships and ensures that first responders are equipped with a variety of options for addressing behavioral health crises that meet the needs of the individual in a clinically appropriate setting.

The bill expands and strengthens the current crisis system in the following ways:

  • Encourages crisis system contractors in each region to develop partnerships with the broad array of crisis intervention services in the region;
  • Requires crisis system contractors to be responsible for community engagement, coordination, and system navigation for key partners in the crisis system. The goals of community coordination are to formalize key relationships within contractually defined regions, pursue collaborative programming for behavioral health services, and coordinate interventions as necessary with behavioral health crises in the region.
  • Increases the ability of all crisis services facilities, including walk-in centers, acute treatment units, and crisis stabilization units within the crisis system, regardless of facility licensure, to adequately care for an individual brought to the facility in need of an emergency 72-hour mental health hold;
  • Expands the ability of mobile response units to be available within 2 hours, either face-to-face or using telehealth operations for mobile crisis evaluations;
  • Recognizes the obligations of hospitals and hospital-based emergency departments under federal law to screen and stabilize every patient who comes to the hospital-based emergency department, including those patients experiencing a behavioral health crisis; and
  • Requires that, on or before January 1, 2018, all walk-in centers throughout the state be appropriately designated, adequately prepared, and properly staffed to accept an individual in need of an emergency 72-hour mental health hold.

The department of human services (department) shall ensure consistent training for professionals who have regular contact with individuals who are experiencing a behavioral health crisis. The department shall conduct a needs and capacity assessment of the crisis system.

The office of behavioral health is required to submit a report on or before November 1, 2017, and on or before May 1, 2018, concerning the status of funding, the use of new and existing resources, and the implementation of additional behavioral health crisis services. This report is separate and in addition to the information the department is required to provide concerning the crisis system in its annual SMART report to the general assembly.

The bill removes language from statute that allows, at any time for any reason, an individual who is being held on an emergency 72-hour mental health hold to be detained or housed in a jail, lockup, or other place used for the confinement of persons charged with or convicted of criminal offenses. The effective date of this component of the bill is May 1, 2018.

An appropriation from the marijuana tax cash fund is authorized.


(Note: This summary applies to this bill as introduced.)

Status: 3/22/2017 Senate Committee on Judiciary Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Amendments:

SB17-213 Automated Driving Motor Vehicles 
Comment: Steve, Karen
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Moreno | O. Hill / F. Winter | J. Bridges
Summary:

The bill declares that the regulation of automated driving systems is a matter of statewide concern, and, therefore, local authorities are prohibited from setting different standards for these systems than for human drivers. The use of automated driving systems is authorized if the system is capable of conforming to every state and federal law applying to driving. If not, a person testing a system is required to obtain approval from the Colorado state patrol and the Colorado department of transportation.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/11/2017 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-245 Tenancies One Month To One Year Notice 
Comment: Kris, Rich
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Priola / D. Pabon
Summary:

Currently, a tenancy of one month or more but less than 6 months may be terminated by either party with 7 days' notice. The bill extends the notice to 21 days. The bill also requires 21 days' notice for a landlord to increase rent in tenancies of one month or longer but less than 6 months.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/18/2017 House Third Reading Passed - No Amendments
Fiscal Notes:

Fiscal Note

Amendments:

SB17-254 2017-18 Long Appropriations Bill 
Comment: Rich
Position: Monitor
Calendar Notification: Monday, May 1 2017
Hearing Room Conference Committee on SB17-254
9:00 a.m. Room JBC
(1) in house calendar.
Monday, May 8 2017
CONFERENCE COMMITTEES TO REPORT
(1) in senate calendar.
Sponsors: K. Lambert / M. Hamner
Summary:

Provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2017, except as otherwise noted.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/25/2017 Senate Considered House Amendments - Result was to Reconsider
Fiscal Notes:
Amendments: Amendments

SB17-267 Sustainability Of Rural Colorado 
Comment: Rich, Steve
Position: Monitor
Calendar Notification: Tuesday, May 2 2017
SENATE APPROPRIATIONS COMMITTEE
8:40 AM SCR 357
(7) in senate calendar.
Sponsors: L. Guzman | J. Sonnenberg / J. Becker | K. Becker
Summary:

Section 3 of the bill eliminates annual statutory transfers of general fund revenue to the highway users tax fund (HUTF) and the capital construction fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 1 makes statutory general fund transfers to the state public school fund in amounts equal to the amounts of the eliminated statutory transfers to the HUTF for the sole purpose of reducing, proportionally to the extent feasible, the financial impacts of inconsistent funding of the state share of district total program on rural and small rural school districts.

Section 2 requires executive branch departments to submit 2018-19 budget requests to the office of state planning and budgeting (OSPB) that are at least 2% lower than their 2017-18 budgets. The OSPB must strongly consider the budget reduction proposals made by each department when preparing the annual executive budget proposals to the general assembly and shall seek to ensure that the executive budget proposal for each department is at least 2% lower than the department's actual budget for the 2017-18 fiscal year.

Section 5 authorizes the state to execute lease-purchase agreements for eligible state facilities to generate up to $1.35 billion of net proceeds, with maximum annual lease payments of $100 million for up to 20 years. Lease payments must be paid first from any legally available money under the control of the transportation commission and next from the general fund or any other legally available source of money. $1.2 billion of the net proceeds are credited to the HUTF and allocated to the state highway fund and $150 million of the net proceeds are credited to the capital construction fund, with such amounts being reduced proportionally if the full $1.35 billion of net proceeds is not received. As specified in section 19 , the department of transportation (CDOT) may use the net proceeds only for qualified federal aid highway projects, with at least 25% of the money being used for projects that are located in counties with populations of 50,000 or less.

Section 6 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 Colorado healthcare affordability and sustainability program (program) on and after July 1, 2017, 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;
  • Seek any federal waiver necessary to fund and, in cooperation with HCPF and hospitals, support the implementation, no earlier than October 1, 2019, of a health care delivery reform incentive payments program that will improve health care access and outcomes for individuals served by HCPF while efficiently utilizing available financial resources. The health care delivery reform incentive payments program must include, at a minimum, an initial planning phase to assess needs and develop achievable outcome-based metrics to be used to measure progress towards specified program goals and address specified focus areas.
  • 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 by section 18 and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2017.

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.

Section 4 lowers the referendum C cap for the 2017-18 fiscal year and subsequent fiscal years. Section 16 requires HCPF, within 120 days of the enactment of the federal 'Advancing Care of Exceptional Kids Act', to seek any federal waiver necessary to fund, in cooperation with hospitals that meet the specified requirements, the implementation of an enhanced pediatric health home for children with complex medical conditions.
(Note: This summary applies to this bill as introduced.)

Status: 4/11/2017 Senate Committee on Finance Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-295 Revise Medicaid Fraud Reporting 
Comment: Bob
Position: Monitor
Calendar Notification: Monday, May 1 2017
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.
Sponsors: K. Lundberg / D. Young
Summary:

Joint Budget Committee. The bill updates the department of health care policy and financing's (state department) annual reporting on efforts to detect and prosecute medicaid client fraud and the attorney general's annual reporting on medicaid provider fraud. The bill requires the state department to annually submit a single, comprehensive report on client and provider fraud in the medicaid program, including information received annually from the attorney general.

The bill adds the joint budget committee to the legislative committees receiving the report and requires that the report include additional cost and savings information.


(Note: This summary applies to this bill as introduced.)

Status: 4/28/2017 Senate Second Reading Passed - No Amendments
Fiscal Notes:

Fiscal Note

Amendments:

SB17-300 High-risk Health Care Coverage Program 
Comment:
Position:
Calendar Notification: Wednesday, May 3 2017
SENATE HEALTH & HUMAN SERVICES COMMITTEE
Upon Adjournment SCR 354
(2) in senate calendar.
Sponsors: K. Lambert / C. Kennedy
Summary:

The bill authorizes the commissioner of insurance to:

  • Develop a high-risk health care coverage program to address access to coverage for individuals with high-cost medical conditions and to reduce health insurance premiums;
  • Apply for a waiver under federal law to implement the program;
  • Seek, accept, and expend public and private gifts, grants, and donations to implement the bill.
    (Note: This summary applies to this bill as introduced.)

Status: 4/26/2017 Introduced In Senate - Assigned to Health & Human Services
Fiscal Notes:
Amendments: