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Calendar Notification of Your Bill Dossier

Bill HB17-1035 - NOT ON CALENDAR

Bill HB17-1094 - NOT ON CALENDAR

Bill HB17-1115 - NOT ON CALENDAR

Bill HB17-1119 - NOT ON CALENDAR

Bill HB17-1121 - NOT ON CALENDAR

Bill HB17-1139 - NOT ON CALENDAR

Bill HB17-1156 - NOT ON CALENDAR

Bill HB17-1173 - NOT ON CALENDAR

Bill HB17-1186 - NOT ON CALENDAR

Bill HB17-1247 - NOT ON CALENDAR

Bill HB17-1254 - NOT ON CALENDAR

Bill HB17-1322 - NOT ON CALENDAR

Bill HB17-1350 - NOT ON CALENDAR

Bill HB17-1368 - NOT ON CALENDAR

Bill SB17-004 - NOT ON CALENDAR

Bill SB17-017 - NOT ON CALENDAR

Bill SB17-021 - NOT ON CALENDAR

Bill SB17-032 - NOT ON CALENDAR

Bill SB17-033 - NOT ON CALENDAR

Bill SB17-064 - NOT ON CALENDAR

Bill SB17-065 - NOT ON CALENDAR

Bill SB17-074 - NOT ON CALENDAR

Bill SB17-084 - NOT ON CALENDAR

Bill SB17-088 - NOT ON CALENDAR

Bill SB17-106 - NOT ON CALENDAR

Bill SB17-133 - NOT ON CALENDAR

Bill SB17-142 - NOT ON CALENDAR

Bill SB17-146 - NOT ON CALENDAR

Bill SB17-151 - NOT ON CALENDAR

Bill SB17-198 - NOT ON CALENDAR

Bill SB17-203 - NOT ON CALENDAR

Bill SB17-206 - NOT ON CALENDAR

Bill SB17-250 - NOT ON CALENDAR

Bill SB17-267 - NOT ON CALENDAR


BILL HB17-1035


Position: Support

Short Title: Sex Assault And Stalking Victims May Break Leases
Sponsors: D. Jackson / J. Cooke

Under current law, if a tenant notifies his or her landlord in writing that he or she is the victim of domestic violence or domestic abuse and provides to the landlord evidence in the form of a police report written within the prior 60 days or a valid protection order, and the tenant seeks to vacate the premises due to fear of imminent danger for self or children, then the tenant may terminate the rental agreement or lease and vacate the premises with minimal remaining obligations. The bill extends this privilege to victims of unlawful sexual behavior and stalking. The bill also provides that a statement from an application assistant designated by the address confidentiality program or, in the case of a victim of unlawful sexual behavior, from a medical professional, confirming the tenant's victim status is a third means of presenting evidence to the landlord.

If a tenant to a residential rental agreement or lease agreement notifies the landlord that the tenant is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the landlord shall not disclose such fact to any person except with the consent of the victim or as the landlord may be required to do so by law.

If a tenant to a residential rental agreement or lease agreement terminates his or her lease pursuant to this section because he or she is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and the tenant provides the landlord with a new address, the landlord shall not disclose such address to any person except with the consent of the victim or as the landlord may be required to do so by law.

Under current law, a dangerous or uninhabitable condition in a rented property does not constitute a breach of the warranty of habitability if the condition is caused by the misconduct of the tenant, a member of the tenant's household, a guest or invitee of the tenant, or a person under the tenant's direction or control. However, such a condition is not misconduct by a victim of domestic violence or domestic abuse if the condition is the result of domestic violence or domestic abuse and the landlord has been given written notice and evidence of domestic violence or domestic abuse. The bill adds language to provide the same protection for tenants who are victims of unlawful sexual behavior or stalking.


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



Status
1/11/2017 Introduced In House - Assigned to Judiciary
2/7/2017 House Committee on Judiciary Refer Amended to House Committee of the Whole
2/9/2017 House Second Reading Laid Over to 02/13/2017 - No Amendments
2/13/2017 House Second Reading Passed with Amendments - Committee
2/15/2017 House Third Reading Passed - No Amendments
2/15/2017 Introduced In Senate - Assigned to Judiciary
3/15/2017 Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole
3/20/2017 Senate Second Reading Passed with Amendments - Committee
3/21/2017 Senate Third Reading Passed - No Amendments
3/23/2017 House Considered Senate Amendments - Result was to Laid Over to 03/27/2017
3/27/2017 House Considered Senate Amendments - Result was to Laid Over Daily
3/29/2017 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee
4/18/2017 First Conference Committee Result was to Adopt Reengrossed
4/19/2017 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
4/21/2017 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
5/1/2017 Signed by the President of the Senate
5/1/2017 Signed by the Speaker of the House
5/2/2017 Sent to the Governor
6/1/2017 Governor Signed

Amendment

House Journal, February 8
47 HB17-1035 be amended as follows, and as so amended, be referred to
48 the Committee of the Whole with favorable
49 recommendation:
50
51 Amend printed bill, page 3, strike lines 20 through 22 and substitute
52 "VICTIMIZATION in the form of a police report written within the prior
53 sixty days or a valid protection order AS DESCRIBED IN SUBSECTION
54 (2)(a.5) OF THIS SECTION,".
55
56 Page 4, after line 2 insert:
2017 Page 192 House Journal--29th Day--February 8,
1 "(a.5) FOR THE PURPOSES OF SUBSECTION (2)(a) OF THIS SECTION:
2 (I) TO PROVIDE EVIDENCE THAT HE OR SHE IS A VICTIM OF
3 UNLAWFUL SEXUAL BEHAVIOR, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE,
4 A TENANT MAY PROVIDE TO HIS OR HER LANDLORD A POLICE REPORT
5 WRITTEN WITHIN THE PRIOR SIXTY DAYS, A VALID PROTECTION ORDER, OR
6 A WRITTEN STATEMENT FROM A MEDICAL PROFESSIONAL OR APPLICATION
7 ASSISTANT WHO HAS EXAMINED OR CONSULTED WITH THE VICTIM, WHICH
8 WRITTEN STATEMENT CONFIRMS SUCH FACT; AND
9 (II) TO PROVIDE EVIDENCE THAT HE OR SHE IS A VICTIM OF
10 STALKING, A TENANT MAY PROVIDE TO HIS OR HER LANDLORD A POLICE
11 REPORT WRITTEN WITHIN THE PRIOR SIXTY DAYS, A VALID PROTECTION
12 ORDER, OR A WRITTEN STATEMENT FROM AN APPLICATION ASSISTANT WHO
13 HAS CONSULTED WITH THE VICTIM, WHICH WRITTEN STATEMENT CONFIRMS
14 SUCH FACT.".
15
16 Page 4, after line 21 insert:
17 "(4) (a) IF A TENANT TO A RESIDENTIAL RENTAL AGREEMENT OR
18 LEASE AGREEMENT NOTIFIES THE LANDLORD THAT THE TENANT IS A
19 VICTIM OF UNLAWFUL SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE,
20 OR DOMESTIC ABUSE, THE LANDLORD SHALL NOT DISCLOSE SUCH FACT TO
21 ANY PERSON EXCEPT WITH THE CONSENT OF THE VICTIM OR AS THE
22 LANDLORD MAY BE REQUIRED TO DO SO BY LAW.
23 (b) IF A TENANT TO A RESIDENTIAL RENTAL AGREEMENT OR LEASE
24 AGREEMENT TERMINATES HIS OR HER LEASE PURSUANT TO THIS SECTION
25 BECAUSE HE OR SHE IS A VICTIM OF UNLAWFUL SEXUAL BEHAVIOR,
26 STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE, AND THE TENANT
27 PROVIDES THE LANDLORD WITH A NEW ADDRESS, THE LANDLORD SHALL
28 NOT DISCLOSE SUCH ADDRESS TO ANY PERSON EXCEPT WITH THE CONSENT
29 OF THE VICTIM OR AS THE LANDLORD MAY BE REQUIRED TO DO SO BY
30 LAW.".
31
32

Senate Journal, March 16
After consideration on the merits, the Committee recommends that HB17-1035 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 6, after line 8 insert:

"SECTION 3. Applicability. This act applies to lease
agreements and rental agreements entered into or renewed on or after the
effective date of this act.".

Renumber succeeding section accordingly.



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-11


BILL HB17-1094

Position: Support

Short Title: Telehealth Coverage Under Health Benefit Plans
Sponsors: P. Buck | D. Valdez / L. Crowder | K. Donovan

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:



Status
1/19/2017 Introduced In House - Assigned to Health, Insurance, & Environment
2/7/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
2/10/2017 House Second Reading Passed with Amendments - Committee
2/13/2017 House Third Reading Passed - No Amendments
2/15/2017 Introduced In Senate - Assigned to Health & Human Services
2/23/2017 Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole
2/28/2017 Senate Second Reading Laid Over Daily - No Amendments
3/1/2017 Senate Second Reading Passed - No Amendments
3/2/2017 Senate Third Reading Passed - No Amendments
3/6/2017 Signed by the Speaker of the House
3/7/2017 Signed by the President of the Senate
3/8/2017 Sent to the Governor
3/16/2017 Governor Signed

Amendment

House Journal, February 8
49 HB17-1094 be amended as follows, and as so amended, be referred to
50 the Committee of the Whole with favorable
51 recommendation:
52
53 Amend printed bill, page 2, line 3, after "(2)(c)," insert "(2)(f),".
54
55 Page 2, line 12, strike "benefit:" and substitute "benefit SOLELY:".
56
1 Page 3, line 2, strike "SERVICES." and substitute "SERVICES PURSUANT TO
2 THIS SECTION.".
3
4 Page 3, line 6, strike "QUALIFIED".
5
6 Page 3, line 7, strike SERVICES AND" and substitute "SERVICES.".
7
8 Page 3, strike lines 8 and 9.
9
10 Page 3, line 13, strike "paragraph (c)".
11
12 Page 3, strike lines 14 through 18 and substitute "paragraph (c), the
13 originating site does not include a private residence at which the covered
14 person is located when he or she receives health care services through
15 telehealth SUBSECTION (2)(c), THE CARRIER IS NOT REQUIRED TO PAY OR
16 REIMBURSE FOR ANY TRANSMISSION COSTS THE COVERED PERSON
17 INCURRED OR ORIGINATING SITE FEES, REGARDLESS OF HOW OR BY WHOM
18 THE FEES ARE BILLED, FOR THE".
19
20 Page 3, line 19, after "TELEHEALTH" insert "TO OR".
21 Page 3, after line 20 insert:
22
23 "(f) If a covered person receives health care services through
24 telehealth, a carrier shall apply the same APPLICABLE copayment,
25 coinsurance, or deductible amount and policy-year, calendar-year,
26 lifetime, or other durational benefit limitation or maximum benefits or
27 services TO THE TELEHEALTH SERVICES under the health benefit plan, to
28 the health care services delivered via telehealth that the carrier applies
29 under the health benefit plan WHICH COPAYMENT, COINSURANCE, OR
30 DEDUCTIBLE AMOUNT SHALL NOT EXCEED THE AMOUNTS APPLICABLE to
31 those health care services when performed by the same provider through
32 in-person care.".
33
34 Page 3, line 23, after "THROUGH" insert "HIPAA-COMPLIANT
35 INTERACTIVE".
36
37 Page 4, line 9, after "THROUGH" insert "HIPAA-COMPLIANT
38 INTERACTIVE".
39
40



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-19


BILL HB17-1115

Position: Support

Short Title: Direct Primary Health Care Services
Sponsors: P. Buck | J. Ginal / J. Kefalas | J. Tate

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
1/20/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/2/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
3/7/2017 House Second Reading Laid Over Daily - No Amendments
3/8/2017 House Second Reading Passed with Amendments - Committee
3/9/2017 House Third Reading Passed - No Amendments
3/10/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/27/2017 Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole
3/29/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
3/30/2017 Senate Third Reading Laid Over Daily - No Amendments
4/3/2017 Senate Third Reading Passed with Amendments - Floor
4/4/2017 House Considered Senate Amendments - Result was to Laid Over Daily
4/11/2017 House Considered Senate Amendments - Result was to Concur - Repass
4/19/2017 Signed by the Speaker of the House
4/20/2017 Sent to the Governor
4/20/2017 Signed by the President of the Senate
4/24/2017 Governor Signed

Amendment

House Journal, March 3
30 HB17-1115 be amended as follows, and as so amended, be referred to
31 the Committee of the Whole with favorable
32 recommendation:
33
34 Amend printed bill, strike everything below the enacting clause and
35 substitute:
36
37 "SECTION 1. Legislative declaration. (1) The general
38 assembly hereby finds that:
39 (a) It is the public policy of the state of Colorado to promote
40 access to medical care for all its citizens by encouraging innovative,
41 cost-saving arrangements;
42 (b) Direct primary care providers use a model of health care
43 delivery based on a periodic fee for a specified period of time, rather than
44 a fee-for-service arrangement financed through health insurance; and
45 (c) Direct primary care services represent an option that can
46 improve access to affordable primary care services, thereby increasing the
47 health and well-being of patients.
48 (2) Therefore, it is the intent of the general assembly to establish
49 direct primary health care agreements to operate without regulation by the
50 division of insurance.
51 SECTION 2. In Colorado Revised Statutes, add 6-1-728 as
52 follows:
53 6-1-728. Primary care agreements - providers - discrimination
54 - definitions. (1) AS USED IN THIS SECTION:
55 (a) "DIRECT PRIMARY CARE AGREEMENT" MEANS A WRITTEN
56 AGREEMENT THAT:
2017 Page 394 House Journal--52nd Day--March 3,
1 (I) IS BETWEEN A PATIENT, HIS OR HER LEGAL REPRESENTATIVE, A
2 GOVERNMENT ENTITY, OR A PATIENT'S EMPLOYER AND A DIRECT PRIMARY
3 HEALTH CARE PROVIDER;
4 (II) DISCLOSES AND DESCRIBES TO THE PATIENT AND TO THE
5 PERSON PAYING THE DIRECT PRIMARY CARE FEE THE PRIMARY CARE
6 SERVICES TO BE PROVIDED IN EXCHANGE FOR PAYMENT OF A PERIODIC FEE;
7 (III) SPECIFIES THE PERIODIC FEE REQUIRED AND ANY ADDITIONAL
8 FEES THAT MAY BE CHARGED;
9 (IV) MAY ALLOW THE PERIODIC FEE AND ANY ADDITIONAL FEES TO
10 BE PAID BY A THIRD PARTY;
11 (V) PROHIBITS THE PROVIDER FROM SUBMITTING A
12 FEE-FOR-SERVICE CLAIM FOR PAYMENT TO A HEALTH INSURANCE ISSUER
13 FOR PRIMARY CARE SERVICES COVERED UNDER THE AGREEMENT AND
14 STATES THAT SOME SERVICES MAY BE A COVERED BENEFIT OR COVERED
15 SERVICE UNDER THE PATIENT'S HEALTH BENEFIT PLAN AS DEFINED IN
16 SECTION 10-16-102, AT NO COST TO THE PATIENT;
17 (VI) CONSPICUOUSLY AND PROMINENTLY DISCLOSES TO ALL
18 PARTIES SUBJECT TO THE AGREEMENT THAT IT IS NOT HEALTH INSURANCE
19 AND DOES NOT MEET ANY INDIVIDUAL HEALTH BENEFIT PLAN MANDATE
20 THAT MAY BE REQUIRED BY FEDERAL LAW AND THE PATIENT IS NOT
21 ENTITLED TO HEALTH INSURANCE PROTECTIONS FOR CONSUMERS UNDER
22 TITLE 10; AND
23 (VII) ALLOWS EITHER PARTY TO TERMINATE THE AGREEMENT, IN
24 WRITING AND WITH NOTICE, AS SPECIFIED IN THE AGREEMENT AND
25 SUBJECT TO REFUND TERMS AND CONDITIONS IN THE AGREEMENT.
26 (b) "PRIMARY CARE SERVICE" INCLUDES THE SCREENING,
27 ASSESSMENT, DIAGNOSIS, AND TREATMENT FOR THE PURPOSE OF
28 PROMOTION OF HEALTH OR THE DETECTION AND MANAGEMENT OF DISEASE
29 OR INJURY WITHIN THE COMPETENCY AND TRAINING OF THE PRIMARY CARE
30 PROVIDER.
31 (c) "DIRECT PRIMARY HEALTH CARE PROVIDER" MEANS AN
38 32 INDIVIDUAL OR LEGAL ENTITY THAT IS LICENSED UNDER ARTICLE 36 OR
33 OF TITLE 12 TO PROVIDE PRIMARY CARE SERVICES IN THIS STATE AND WHO
34 ENTERS INTO A DIRECT PRIMARY CARE AGREEMENT. "DIRECT PRIMARY
35 HEALTH CARE PROVIDER" INCLUDES AN INDIVIDUAL PRIMARY CARE
36 PROVIDER OR OTHER LEGAL ENTITY, ALONE OR WITH OTHERS
37 PROFESSIONALLY ASSOCIATED WITH THE INDIVIDUAL OR OTHER LEGAL
38 ENTITY.
39 (2) (a) DIRECT PRIMARY CARE IS NOT INSURANCE AND IS NOT
40 REGULATED BY THE COMMISSIONER OF INSURANCE PURSUANT TO TITLE 10.
41 (b) DIRECT PRIMARY CARE PROVIDERS AND DIRECT PRIMARY CARE
42 AGREEMENTS THAT COMPLY WITH THIS ARTICLE 1 SHALL NOT BE
43 CONSIDERED TO BE A HEALTH MAINTENANCE ORGANIZATION, INSURER,
44 INSURANCE PRODUCER, OR INSURANCE AND ARE NOT SUBJECT TO TITLE 10.
45 (c) OFFERING OR ENTERING INTO A DIRECT PRIMARY CARE
46 AGREEMENT IS NOT THE BUSINESS OF INSURANCE OR THE PRACTICE OF
47 UNDERWRITING.
48 (d) A DIRECT PRIMARY HEALTH CARE PROVIDER OR AGENT OF A
49 DIRECT PRIMARY HEALTH CARE PROVIDER IS NOT REQUIRED TO OBTAIN A
50 CERTIFICATE OF AUTHORITY OR LICENSE TO MARKET, SELL, OR OFFER TO
51 SELL A DIRECT PRIMARY CARE AGREEMENT.
52 (3) A DIRECT PRIMARY CARE PROVIDER MAY:
53 (a) DECLINE TO ACCEPT PATIENTS WHOSE HEALTH NEEDS EXCEED
54 THE PRIMARY CARE SERVICES OFFERED BY THE DIRECT PRIMARY HEALTH
55 CARE PROVIDER; AND
56 (b) TERMINATE A DIRECT PRIMARY CARE AGREEMENT IF THE
57 TERMINATION ALLOWS FOR THE TRANSITION OF CARE TO ANOTHER HEALTH
1 CARE PROVIDER COMMENSURATE WITH THE STANDARDS OF PROFESSIONAL
2 RESPONSIBILITY WITHIN THE STATE.
3 (4) (a) A DIRECT PRIMARY CARE PROVIDER MAY NOT DISCRIMINATE
4 IN THE SELECTION OF PATIENTS ON THE BASIS OF AGE, CITIZENSHIP STATUS,
5 COLOR, DISABILITY, GENDER OR GENDER IDENTITY, GENETIC
6 INFORMATION, HEALTH STATUS, NATIONAL ORIGIN, RACE, RELIGION, SEX,
7 SEXUAL ORIENTATION, OR ANY OTHER PROTECTED CLASS.
8 (b) A DIRECT PRIMARY CARE PROVIDER MAY NOT ENTER INTO A
9 DIRECT PRIMARY CARE AGREEMENT WITH A PERSON WHO IS CURRENTLY A
10 RECIPIENT OF MEDICAID SERVICES.
11 (5) THIS SECTION DOES NOT PREVENT A DIRECT PRIMARY CARE
12 PROVIDER FROM PROVIDING PRIMARY CARE TO PATIENTS WHO ARE NOT
13 PARTY TO A DIRECT PRIMARY CARE AGREEMENT.
14 SECTION 3. Act subject to petition - effective date. This act
15 takes effect at 12:01 a.m. on the day following the expiration of the
16 ninety-day period after final adjournment of the general assembly (August
17 9, 2017, if adjournment sine die is on May 10, 2017); except that, if a
18 referendum petition is filed pursuant to section 1 (3) of article V of the
19 state constitution against this act or an item, section, or part of this act
20 within such period, then the act, item, section, or part will not take effect
21 unless approved by the people at the general election to be held in
22 November 2018 and, in such case, will take effect on the date of the
23 official declaration of the vote thereon by the governor.".
24
25

Senate Journal, March 28
After consideration on the merits, the Committee recommends that HB17-1115 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 5, strike lines 9 through 11 and substitute:

"(b) DIRECT PRIMARY CARE PROVIDERS ARE SUBJECT TO SECTION
25.5-4-301.".


Business,
Labor, &
Technology

Senate Journal, April 3
HB17-1115 by Representative(s) Buck and Ginal, McKean; also Senator(s) Kefalas and Tate--
Concerning the establishment of direct primary health care agreements to operate without
regulation by the division of insurance.

A majority of those elected to the Senate having voted in the affirmative, Senator Tate
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.005), by Senator Tate.

Amend revised bill, page 2, strike lines 16 through 19 and substitute:

"SECTION 2. In Colorado Revised Statutes, add article 23 to
title 6 as follows:
ARTICLE 23
Direct Primary Care
6-23-101. Definitions. (1) AS USED IN THIS SECTION:".

Page 4, strike line 10 and substitute:

"6-23-102. Direct primary care - not regulated by the division
of insurance. (1) DIRECT PRIMARY CARE IS NOT INSURANCE AND IS NOT".

Page 4, line 12, strike "(b)" and substitute "(2)".

Page 4, line 16, strike "(c)" and substitute "(3).

Page 4, line 19, strike "(d)" and substitute "(4)".

Page 4, strike line 23 and substitute:

"6-23-103. Direct primary care provider rights. (1) A DIRECT
PRIMARY CARE PROVIDER MAY:".

Page 5, strike line 4 and substitute:

"6-23-104. Direct primary care providers - prohibitions. (1) A
DIRECT PRIMARY CARE PROVIDER MAY NOT DISCRIMINATE".

Page 5, line 9, strike "(b)" and substitute "(2)".

Page 5, line 11, strike "(5)" and substitute "(3)".

Page 5, after line 13, insert:

"6-23-105. Enforcement. THIS ARTICLE 23 IS NOT SUBJECT TO
ENFORCEMENT BY THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY
PURSUANT TO THIS TITLE 6.".


The amendment was passed on the following roll call vote:

YES 35 NO 0 EXCUSED 0 ABSENT 0
Aguilar Y Garcia Y Kerr Y Scott Y
Baumgardner Y Gardner Y Lambert Y Smallwood Y
Cooke Y Guzman Y Lundberg Y Sonnenberg Y
Coram Y Hill Y Marble Y Tate Y
Court Y Holbert Y Martinez Humenik Y Todd Y
Crowder Y Jahn Y Merrifield Y Williams A. Y
Donovan Y Jones Y Moreno Y Zenzinger Y
Fenberg Y Kagan Y Neville T. Y President Y
Fields Y Kefalas Y Priola Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 35 NO 0 EXCUSED 0 ABSENT 0
Aguilar Y Garcia Y Kerr Y Scott Y
Baumgardner Y Gardner Y Lambert Y Smallwood Y
Cooke Y Guzman Y Lundberg Y Sonnenberg Y
Coram Y Hill Y Marble Y Tate Y
Court Y Holbert Y Martinez Humenik Y Todd Y
Crowder Y Jahn Y Merrifield Y Williams A. Y
Donovan Y Jones Y Moreno Y Zenzinger Y
Fenberg Y Kagan Y Neville T. Y President Y
Fields Y Kefalas Y Priola Y



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-20


BILL HB17-1119

Position: Support

Short Title: Payment Of Workers' Compensation Benefits
Sponsors: T. Kraft-Tharp | L. Sias / C. Jahn | J. Tate

The bill creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance.

The bill creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund.


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



Status
1/20/2017 Introduced In House - Assigned to Business Affairs and Labor
3/28/2017 House Committee on Business Affairs and Labor Refer Amended to Finance
4/12/2017 House Committee on Finance Refer Unamended to Appropriations
4/28/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/28/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/1/2017 House Third Reading Passed - No Amendments
5/1/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/4/2017 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Finance
5/5/2017 Senate Committee on Finance Refer Unamended to Appropriations
5/9/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
5/10/2017 Senate Third Reading Passed - No Amendments
5/10/2017 House Considered Senate Amendments - Result was to Concur - Repass
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
5/22/2017 Sent to the Governor
6/5/2017 Governor Signed

Amendment

House Journal, March 29
44 HB17-1119 be amended as follows, and as so amended, be referred to
45 the Committee on Finance with favorable
46 recommendation:
47
48 Amend printed bill, page 3, line 19, after "MEMBER" insert "OR
49 MANAGER".
50
51 Page 5, after line 11, insert:
52
53 "(3) NO LATER THAN JUNE 1, 2022, THE STATE AUDITOR SHALL
54 CONDUCT OR CAUSE TO BE CONDUCTED A PERFORMANCE AUDIT OF THE
55 COLORADO UNINSURED EMPLOYER FUND.".
56
1 Page 7, line 2 and 3, strike "BY STAFF EMPLOYED BY THE DIVISION OR".
2
3 Page 8, line 5, strike "AND".
4
5 Page 8, line 8, strike "67." and substitute "67; AND
6 (f) DENY ENTRY TO THE FUND OR PAYMENT OF BENEFITS IF THE
7 UNDERLYING CLAIM APPEARS TO BE PREMISED ON FRAUDULENT
8 ACTIVITY.".
9
10 Page 9, line 22, after "ENTITLED" insert "FROM THE FUND".
11
12 Page 10, strike lines 18 through 20 and substitute "PURSUANT TO THIS
13 ARTICLE 67 HAS PRIORITY IN THE ORDER FILED. THE BOARD SHALL SERVE
14 A COPY OF THE".
15
16 Page 13, strike lines 19 and 20 and substitute "IS MADE. THE PREVIOUSLY
17 AUTHORIZED TREATING PHYSICIAN PROVIDING PRIMARY CARE SHALL
18 CONTINUE AS THE AUTHORIZED TREATING PHYSICIAN PROVIDING PRIMARY
19 CARE FOR THE INJURED EMPLOYEE UNTIL THE INJURED EMPLOYEE'S INITIAL
20 VISIT WITH THE NEWLY AUTHORIZED TREATING PHYSICIAN, AT WHICH TIME
21 THE TREATMENT RELATIONSHIP WITH THE PREVIOUSLY AUTHORIZED
22 TREATING PHYSICIAN PROVIDING PRIMARY CARE IS TERMINATED.".
23
24 Page 14, after line 9 insert:
25
26 "(4) THE BOARD, ITS AGENTS, OR EMPLOYEES HAVE NO LIABILITY
27 FOR ANY ACTION TAKEN AGAINST THEM FOR THE PERFORMANCE OF THEIR
28 DUTIES UNDER THIS ARTICLE 67.".
29
30 Page 16, strike line 9 and substitute "and add (5) and (6) as follows:".
31
32 Page 17, strike line 7 through 16.
33
34 Page 17, line 20, strike "definition." and substitute "definition - repeal.".
35
36 Page 17, lines 21 and 22, strike "OF THE VIOLATION" and substitute "THE
37 PRECEDING VIOLATION ENDED".
38
39 Page 18, line 5, strike "OF INSURANCE".
40
41 Page 18, after line 6 insert:
42
43 "(d) THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE JULY 1, 2022.
44 BEFORE ITS REPEAL, THIS SUBSECTION (1.5) IS SCHEDULED FOR REVIEW IN
45 ACCORDANCE WITH SECTION 24-34-104.".
46
47 Page 19, strike lines 19 through 26 and substitute:
48
49 "SECTION 10. In Colorado Revised Statutes, 24-34-104, amend
50 (22)(a) introductory portion; and add (22)(a)(II) as follows:
51 24-34-104. General assembly review of regulatory agencies
52 and functions for repeal, continuation, or reestablishment - legislative
53 declaration - repeal. (22) (a) The following agencies, functions, or both,
54 will ARE SCHEDULED FOR repeal on July 1, 2022:
55
2017 Page 662 House Journal--78th Day--March 29,
1 (II) THE LIMITATIONS ON IMPOSITION OF FINES FOR FAILURE TO
2 CARRY WORKERS' COMPENSATION INSURANCE PURSUANT TO SECTION
3 8-43-409 (1.5).
4
5 SECTION 11. Effective date. This act takes effect July 1, 2017.
6 SECTION 12. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.".
9
10

House Journal, April 28
14 HB17-1119 be amended as follows, and as so amended, be referred to
15 the Committee of the Whole with favorable
16 recommendation:
17
18 Amend the Business Affairs and Labor Committee Report, dated March
19 28, 2017, page 1, before line 1 insert:
20
21 "Page 3 of the bill, line 3, strike "2019," and substitute "2020,".".
22
23 Page 2 of the report, after line 10 insert: "Page 15 of the bill, line 14, after
24 the second "(1.5)" insert "ON OR AFTER JULY 1, 2018,".".
25
26 Page 2 of the report, after line 20 insert: "Page 18, line 7, after "section"
27 insert "ON OR AFTER JULY 1, 2018,".".
28
29 Page 2 of the report, after line 30 insert:
30
31 "SECTION 11. Appropriation. For the 2017-18 state fiscal year,
32 $6,000 is appropriated to the department of labor and employment for use
33 by the division of workers' compensation. This appropriation is from the
34 workers' compensation cash fund created in section 8-44-112 (7)(a),
35 C.R.S. To implement this act, the division may use this appropriation for
36 operating expenses.".
37
38 Renumber succeeding sections accordingly.
39
40 Page 3 of the report, after line 4 insert: "Page 1 of the bill, line 102, strike
41 "EMPLOYERS." and substitute "EMPLOYERS, AND, IN CONNECTION
42 THEREWITH, MAKING AN APPROPRIATION.".".
43
44

Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB17-1119 be
amended as follows, and as so amended, be referred to the Committee on Finance with
favorable recommendation.

Amend reengrossed bill, page 14, after line 21 insert:

"SECTION 2. In Colorado Revised Statutes, 8-40-301, amend
(1); and add (10) as follows:
8-40-301. Scope of term "employee" - definition.
(1) (a) "Employee" excludes any person employed by a passenger
tramway area operator, as defined in section 25-5-702 (1), C.R.S., or
other employer, while participating in recreational activity, who at such
time is relieved of and is not performing any duties of employment,
regardless of whether such person is utilizing, by discount or otherwise,
a pass, ticket, license, permit, or other device as an emolument of
employment.
(b) (I) "EMPLOYEE" EXCLUDES ANY PERSON EMPLOYED BY AN
OUT-OF-STATE EMPLOYER PERFORMING INCIDENTAL WORK IN COLORADO
WHERE THE EMPLOYEE IS COVERED AT THE TIME OF INJURY UNDER THE
WORKERS' COMPENSATION ACT OF ANOTHER STATE REGARDLESS OF
WHERE THE CONTRACT FOR EMPLOYMENT WAS CREATED.
(II) FOR PURPOSES OF THIS SECTION, "INCIDENTAL WORK" MEANS
WORK THAT IS TEMPORARY OR TRANSITORY AND IS PERFORMED
EXCLUSIVELY FOR AN EMPLOYER WITH NO PERMANENT, REGULAR, OR
RECURRING OPERATIONS IN THE STATE OF COLORADO.
(III) THIS SECTION ONLY APPLIES TO A WORKERS' COMPENSATION
ACT OF ANOTHER STATE THAT INCLUDES A RECIPROCAL PROVISION
EXEMPTING COLORADO EMPLOYERS FROM LIABILITY UNDER THE OTHER
STATE'S ACT FOR INCIDENTAL WORK.".

Renumber succeeding sections accordingly.

Health &
Human
Services


Senate Journal, May 9
HB17-1119 by Representative(s) Kraft-Tharp, Singer; also Senator(s) Jahn and Tate--Concerning the
payment of workers' compensation benefits to injured employees of uninsured employers,
and, in connection therewith, making an appropriation.

Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, May 4, page(s) 1075-1076 and placed in members' bill files.)

Amendment No. 2(L.011), by Senator Jahn.

Amend the State, Veterans, and Military Affairs Committee Report,
dated May 4, 2017, page 1, strike lines 18 through 20 and substitute
"WORK THAT IS RANDOMLY OR FORTUITOUSLY IN COLORADO.".

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



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-20


BILL HB17-1121

Position: Monitor

Short Title: Patient Safety Act
Sponsors: J. Buckner / N. Todd

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:

Sections 9 and 10 of the bill establish standards for certain professional nurses, practical nurses, and retired volunteer nurses who suffer from a physical or mental illness or condition that renders the nurse unable to practice.

Section 11 of the bill eliminates the nurse alternative to discipline program.

Sections 14 and 15 of the bill require an employer of a certified nurse aide (CNA) to report any violation of the CNA practice act that results in a CNA being terminated from employment, including resignation 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 22 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 23 of the bill repeals the current 'Nurse Licensure Compact' and adopts the 'Enhanced Nurse Licensure Compact'.

Section 24 appropriates $576,126 from the Colorado bureau of investigation identification unit fund to the department of public safety to implement the bill.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
1/20/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/2/2017 House Committee on Health, Insurance, & Environment Refer Amended to Finance
3/13/2017 House Committee on Finance Refer Unamended to Appropriations
5/2/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/2/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/3/2017 House Third Reading Passed - No Amendments
5/3/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/4/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Amendment

House Journal, March 6
7 HB17-1121 be amended as follows, and as so amended, be referred to
8 the Committee on Finance with favorable
9 recommendation:
10
11 Amend printed bill, page 3, strike lines 1 through 3 and substitute:
12
13 "(h) REQUIRE A LICENSEE WHO DID NOT SUBMIT TO A CRIMINAL
14 HISTORY RECORD CHECK THROUGH INITIAL APPLICATION TO THE BOARD TO
15 SUBMIT TO A CRIMINAL HISTORY RECORD CHECK IN THE FORM AND
16 MANNER DESCRIBED IN SECTION 12-32-108.1 UPON THE LICENSEE'S FIRST
17 RENEWAL AFTER SEPTEMBER 1, 2017.".
18
19 Page 3, strike lines 9 through 27 and substitute "EACH APPLICANT SHALL
20 HAVE HIS OR HER FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT
21 AGENCY OR ANOTHER AGENCY DESIGNATED BY THE DEPARTMENT FOR THE
22 PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
23 CHECK. THE APPLICANT IS REQUIRED TO SUBMIT PAYMENT BY CERTIFIED
24 CHECK OR MONEY ORDER FOR THE FINGERPRINTS AND FOR THE ACTUAL
25 COSTS OF THE RECORD CHECK AT THE TIME THE FINGERPRINTS ARE
26 SUBMITTED TO THE COLORADO BUREAU OF INVESTIGATION. UPON RECEIPT
27 OF FINGERPRINTS AND RECEIPT OF THE PAYMENT FOR COSTS, THE
28 COLORADO BUREAU OF INVESTIGATION SHALL CONDUCT A STATE AND
29 NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK
30 UTILIZING RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND
31 THE FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE
32 RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD. THE
33 BOARD SHALL USE THE INFORMATION RESULTING FROM THE
34 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE
35 AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO HOLD A
36 LICENSE PURSUANT TO THIS ARTICLE 32. THE BOARD MAY VERIFY THE
37 INFORMATION AN APPLICANT IS REQUIRED TO SUBMIT.".
38
39 Page 4, strike line 1.
40
41 Page 4, line 2, strike "INVESTIGATION.".
42
43 Page 4, after line 19, insert:
44
45 "(3) THE CRIMINAL HISTORY RECORD CHECK REQUIREMENT
46 SPECIFIED IN SUBSECTION (1) OF THIS SECTION DOES NOT REMOVE OR
47 ELIMINATE ANY SEPARATE OR INDEPENDENT DUTY OF AN EMPLOYER TO
48 EXERCISE REASONABLE CARE IN THE HIRING, SUPERVISION, AND
49 RETENTION OF ITS EMPLOYEES.".
50
51 Page 4, strike lines 25 through 27 and substitute:
52
53 "(j) REQUIRE A LICENSEE LICENSED PURSUANT TO SECTION
54 12-35-117, 12-35-117.5, 12-35-120, 12-35-121, 12-35-126, OR
55 12-35-127.5 WHO DID NOT SUBMIT TO A CRIMINAL HISTORY RECORD
56 CHECK THROUGH INITIAL APPLICATION TO THE BOARD TO SUBMIT TO A
1 CRIMINAL HISTORY RECORD CHECK IN THE FORM AND MANNER DESCRIBED
2 IN SECTION 12-35-123.5 UPON THE LICENSEE'S FIRST RENEWAL AFTER
3 SEPTEMBER 1, 2017.".
4
5 Page 5, strike lines 6 through 26 and substitute "12-35-117, 12-35-117.5,
6 12-35-120, 12-35-126, OR 12-35-127.5, EACH APPLICANT SHALL HAVE HIS
7 OR HER FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR
8 ANOTHER AGENCY DESIGNATED BY THE DEPARTMENT FOR THE PURPOSE OF
9 OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE
10 APPLICANT IS REQUIRED TO SUBMIT PAYMENT BY CERTIFIED CHECK OR
11 MONEY ORDER FOR THE FINGERPRINTS AND FOR THE ACTUAL COSTS OF THE
12 RECORD CHECK AT THE TIME THE FINGERPRINTS ARE SUBMITTED TO THE
13 COLORADO BUREAU OF INVESTIGATION. UPON RECEIPT OF FINGERPRINTS
14 AND RECEIPT OF THE PAYMENT FOR COSTS, THE COLORADO BUREAU OF
15 INVESTIGATION SHALL CONDUCT A STATE AND NATIONAL
16 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK UTILIZING
17 RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND THE
18 FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE RESULTS
19 OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD. THE BOARD
20 SHALL USE THE INFORMATION RESULTING FROM THE FINGERPRINT-BASED
21 CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE
22 WHETHER AN APPLICANT IS QUALIFIED TO HOLD A LICENSE PURSUANT TO
23 THIS ARTICLE 35. THE BOARD MAY VERIFY THE INFORMATION AN
24 APPLICANT IS REQUIRED TO SUBMIT. THE RESULTS OF THE CRIMINAL".
25
26 Page 6, after line 17, insert:
27
28 "(3) THE CRIMINAL HISTORY RECORD CHECK REQUIREMENT
29 SPECIFIED IN SUBSECTION (1) OF THIS SECTION DOES NOT REMOVE OR
30 ELIMINATE ANY SEPARATE OR INDEPENDENT DUTY OF AN EMPLOYER TO
31 EXERCISE REASONABLE CARE IN THE HIRING, SUPERVISION, AND
32 RETENTION OF ITS EMPLOYEES.".
33
34 Page 6, strike lines 23 through 25 and substitute:
35
36 "(f) REQUIRE A LICENSEE WHO DID NOT SUBMIT TO A CRIMINAL
37 HISTORY RECORD CHECK THROUGH INITIAL APPLICATION TO THE BOARD TO
38 SUBMIT TO A CRIMINAL HISTORY RECORD CHECK IN THE FORM AND
39 MANNER DESCRIBED IN SECTION 12-36-111 (3) UPON THE LICENSEE'S FIRST
40 RENEWAL AFTER SEPTEMBER 1, 2017.".
41
42 Page 6, line 26, strike "(3)" and substitute "(3), (4), and (5) as follows:".
43
44 Page 6, strike line 27.
45
46 Page 7, strike lines 4 through 24 and substitute "EACH APPLICANT SHALL
47 HAVE HIS OR HER FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT
48 AGENCY OR ANOTHER AGENCY DESIGNATED BY THE DEPARTMENT FOR THE
49 PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
50 CHECK. THE APPLICANT IS REQUIRED TO SUBMIT PAYMENT BY CERTIFIED
51 CHECK OR MONEY ORDER FOR THE FINGERPRINTS AND FOR THE ACTUAL
52 COSTS OF THE RECORD CHECK AT THE TIME THE FINGERPRINTS ARE
53 SUBMITTED TO THE COLORADO BUREAU OF INVESTIGATION. UPON RECEIPT
54 OF FINGERPRINTS AND RECEIPT OF THE PAYMENT FOR COSTS, THE
55 COLORADO BUREAU OF INVESTIGATION SHALL CONDUCT A STATE AND
2017 Page 412 House Journal--55th Day--March 6,
1 NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK
2 UTILIZING RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND
3 THE FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE
4 RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD. THE
5 BOARD SHALL USE THE INFORMATION RESULTING FROM THE
6 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE
7 AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO HOLD A
8 LICENSE PURSUANT TO THIS ARTICLE 36. THE BOARD MAY VERIFY THE
9 INFORMATION AN APPLICANT IS REQUIRED TO SUBMIT. THE RESULTS OF
10 THE CRIMINAL HISTORY RECORD CHECK".
11
12 Page 8, after line 14, insert:
13
14 "(5) THE CRIMINAL HISTORY RECORD CHECK REQUIREMENT
15 SPECIFIED IN SUBSECTION (3) OF THIS SECTION DOES NOT REMOVE OR
16 ELIMINATE ANY SEPARATE OR INDEPENDENT DUTY OF AN EMPLOYER TO
17 EXERCISE REASONABLE CARE IN THE HIRING, SUPERVISION, AND
18 RETENTION OF ITS EMPLOYEES.".
19
20 Page 8, strike lines 19 through 21 and substitute:
21
22 "(l) (I) (D) TO REQUIRE A LICENSEE WHO DID NOT SUBMIT TO A
23 CRIMINAL HISTORY RECORD CHECK THROUGH INITIAL APPLICATION TO THE
24 BOARD TO SUBMIT TO A CRIMINAL HISTORY RECORD CHECK IN THE FORM
25 AND MANNER DESCRIBED IN SECTION 12-38-115.5 UPON THE LICENSEE'S
26 FIRST RENEWAL AFTER SEPTEMBER 1, 2017.".
27
28 Page 9, strike lines 2 through 15 and substitute:
29
30 "(III) REQUIRE AN APPLICANT FOR LICENSURE UNDER THE
31 COMPACT TO HAVE HIS OR HER FINGERPRINTS TAKEN BY A LOCAL LAW
32 ENFORCEMENT AGENCY OR ANOTHER AGENCY DESIGNATED BY THE
33 DEPARTMENT FOR THE PURPOSE OF OBTAINING A FINGERPRINT-BASED
34 CRIMINAL HISTORY RECORD CHECK. THE APPLICANT IS REQUIRED TO
35 SUBMIT PAYMENT BY CERTIFIED CHECK OR MONEY ORDER FOR THE
36 FINGERPRINTS AND FOR THE ACTUAL COSTS OF THE RECORD CHECK AT THE
37 TIME THE FINGERPRINTS ARE SUBMITTED TO THE COLORADO BUREAU OF
38 INVESTIGATION. UPON RECEIPT OF FINGERPRINTS AND RECEIPT OF THE
39 PAYMENT FOR COSTS, THE COLORADO BUREAU OF INVESTIGATION SHALL
40 CONDUCT A STATE AND NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY
41 RECORD CHECK UTILIZING RECORDS OF THE COLORADO BUREAU OF
42 INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION AND SHALL
43 FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE
44 BOARD. THE BOARD SHALL USE THE INFORMATION RESULTING FROM THE
45 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE
46 AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO HOLD A
47 LICENSE PURSUANT TO THE COMPACT. THE BOARD MAY VERIFY THE
48 INFORMATION AN APPLICANT IS REQUIRED TO SUBMIT. THE RESULTS OF
49 THE CRIMINAL".
50
51 Page 9, line 17, strike "PUBLIC" and substitute "PUBLIC, THE INTERSTATE
52 COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS,".
53
54 Page 9, strike lines 24 and 25 and substitute:
55
1 "(n) TO FINE EMPLOYERS THAT FAIL TO REPORT AS REQUIRED BY
2 SECTION 12-38-116.5 (3)(b)(I) NOT LESS THAN FIVE HUNDRED DOLLARS
3 AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION.".
4
5 Page 10, strike lines 4 through 24 and substitute "EACH APPLICANT SHALL
6 HAVE HIS OR HER FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT
7 AGENCY OR ANOTHER AGENCY DESIGNATED BY THE DEPARTMENT FOR THE
8 PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
9 CHECK. THE APPLICANT IS REQUIRED TO SUBMIT PAYMENT BY CERTIFIED
10 CHECK OR MONEY ORDER FOR THE FINGERPRINTS AND FOR THE ACTUAL
11 COSTS OF THE RECORD CHECK AT THE TIME THE FINGERPRINTS ARE
12 SUBMITTED TO THE COLORADO BUREAU OF INVESTIGATION. UPON RECEIPT
13 OF FINGERPRINTS AND RECEIPT OF THE PAYMENT FOR COSTS, THE
14 COLORADO BUREAU OF INVESTIGATION SHALL CONDUCT A STATE AND
15 NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK
16 UTILIZING RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND
17 THE FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE
18 RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD. THE
19 BOARD SHALL USE THE INFORMATION RESULTING FROM THE
20 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE
21 AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO HOLD A
22 LICENSE PURSUANT TO THIS ARTICLE 38. THE BOARD MAY VERIFY THE
23 INFORMATION AN APPLICANT IS REQUIRED TO SUBMIT. THE RESULTS OF
24 THE CRIMINAL HISTORY RECORD CHECK".
25
26 Page 11, after line 14, insert:
27
28 "(3) THE CRIMINAL HISTORY RECORD CHECK REQUIREMENT
29 SPECIFIED IN SUBSECTION (1) OF THIS SECTION DOES NOT REMOVE OR
30 ELIMINATE ANY SEPARATE OR INDEPENDENT DUTY OF AN EMPLOYER TO
31 EXERCISE REASONABLE CARE IN THE HIRING, SUPERVISION, AND
32 RETENTION OF ITS EMPLOYEES.
33
34 SECTION 9. In Colorado Revised Statutes, 12-38-117, amend
35 (1) introductory portion and (1)(j) as follows:
36 12-38-117. Grounds for discipline. (1) "Grounds for discipline",
37 as used in this article ARTICLE 38, means any action by any person who:
38 (j) (I) Has a physical or mental disability which renders him
39 unable to practice nursing with reasonable skill and safety to the patients
40 and which may endanger the health or safety of persons under his care;
41 FAILS TO NOTIFY THE BOARD OF A PHYSICAL OR MENTAL ILLNESS OR
42 CONDITION THAT AFFECTS THE PERSON'S ABILITY TO TREAT CLIENTS WITH
43 REASONABLE SKILL AND SAFETY OR THAT MAY ENDANGER THE HEALTH OR
44 SAFETY OF PERSONS UNDER HIS OR HER CARE;
45 (II) FAILS TO ACT WITHIN THE LIMITATIONS CREATED BY A
46 PHYSICAL OR MENTAL ILLNESS OR CONDITION THAT RENDERS THE PERSON
47 UNABLE TO TREAT CLIENTS WITH REASONABLE SKILL AND SAFETY OR THAT
48 MAY ENDANGER THE HEALTH OR SAFETY OF PERSONS UNDER HIS OR HER
49 CARE; OR
50 (III) FAILS TO COMPLY WITH THE LIMITATIONS AGREED TO UNDER
51 A CONFIDENTIAL AGREEMENT ENTERED INTO PURSUANT TO SECTION
52 12-38-117.5;
53 SECTION 10. In Colorado Revised Statutes, add 12-38-117.5 as
54 follows:
55
2017 Page 414 House Journal--55th Day--March 6,
1 12-38-117.5. Confidential agreements to limit practice -
2 violation grounds for discipline. (1) IF A PROFESSIONAL NURSE,
3 PRACTICAL NURSE, OR RETIRED VOLUNTEER NURSE SUFFERS FROM A
4 PHYSICAL OR MENTAL ILLNESS OR CONDITION THAT RENDERS THE
5 LICENSEE UNABLE TO PRACTICE AS A PROFESSIONAL NURSE, PRACTICAL
6 NURSE, OR RETIRED VOLUNTEER NURSE WITH REASONABLE SKILL AND
7 WITH SAFETY TO PATIENTS, THE PROFESSIONAL NURSE, PRACTICAL NURSE,
8 OR RETIRED VOLUNTEER NURSE SHALL NOTIFY THE BOARD OF THE ILLNESS
9 OR CONDITION IN A MANNER AND WITHIN A PERIOD DETERMINED BY THE
10 BOARD. THE BOARD MAY REQUIRE THE LICENSEE TO SUBMIT TO AN
11 EXAMINATION OR REFER THE LICENSEE TO A PEER HEALTH ASSISTANCE
12 PROGRAM PURSUANT TO SECTION 12-38-131 TO EVALUATE THE EXTENT OF
13 THE ILLNESS OR CONDITION AND ITS IMPACT ON THE LICENSEE'S ABILITY TO
14 PRACTICE WITH REASONABLE SKILL AND WITH SAFETY TO PATIENTS.
15 (2) (a) UPON DETERMINING THAT A PROFESSIONAL NURSE,
16 PRACTICAL NURSE, OR RETIRED VOLUNTEER NURSE WITH A PHYSICAL OR
17 MENTAL ILLNESS OR CONDITION IS ABLE TO RENDER LIMITED NURSING
18 SERVICES WITH REASONABLE SKILL AND WITH SAFETY TO PATIENTS, THE
19 BOARD MAY ENTER INTO A CONFIDENTIAL AGREEMENT WITH THE
20 PROFESSIONAL NURSE, PRACTICAL NURSE, OR RETIRED VOLUNTEER NURSE
21 IN WHICH THE PROFESSIONAL NURSE, PRACTICAL NURSE, OR RETIRED
22 VOLUNTEER NURSE AGREES TO LIMIT HIS OR HER PRACTICE BASED ON THE
23 RESTRICTION IMPOSED BY THE ILLNESS OR CONDITION, AS DETERMINED BY
24 THE BOARD.
25 (b) AS PART OF THE AGREEMENT, THE LICENSEE SHALL BE SUBJECT
26 TO PERIODIC REEVALUATIONS OR MONITORING AS DETERMINED
27 APPROPRIATE BY THE BOARD. THE BOARD MAY REFER THE LICENSEE TO
28 THE PEER ASSISTANCE HEALTH PROGRAM FOR REEVALUATION OR
29 MONITORING.
30 (c) THE PARTIES MAY MODIFY OR DISSOLVE THE AGREEMENT AS
31 NECESSARY BASED ON THE RESULTS OF THE REEVALUATION OR OF
32 MONITORING.
33 (3) BY ENTERING INTO THE AGREEMENT WITH THE BOARD
34 PURSUANT TO THIS SECTION TO LIMIT HIS OR HER PRACTICE, THE LICENSEE
35 IS NOT ENGAGING IN AN ACT THAT WOULD BE GROUNDS FOR DISCIPLINE,
36 AND THE AGREEMENT IS AN ADMINISTRATIVE ACTION AND IS NOT A
37 RESTRICTION OR DISCIPLINE BY THE BOARD. HOWEVER, IF THE LICENSEE
38 FAILS TO COMPLY WITH THE TERMS OF AN AGREEMENT ENTERED INTO
39 PURSUANT TO THIS SECTION, THE FAILURE IS GROUNDS FOR DISCIPLINE
40 PURSUANT TO SECTION 12-38-117 (1)(j)(III), AND THE LICENSEE IS
41 SUBJECT TO DISCIPLINE IN ACCORDANCE WITH SECTION 12-38-116.5.
42 (4) THIS SECTION DOES NOT APPLY TO A LICENSEE SUBJECT TO
43 DISCIPLINE AS DESCRIBED IN SECTION 12-38-117 (1)(i).".
44
45 Renumber succeeding sections accordingly.
46
47 Page 13, line 15, strike "and (4.7)".
48
49 Page 13, strike lines 17 through 22 and substitute "(4.5) THE BOARD MAY
50 REQUIRE A CERTIFICATE HOLDER WHO DID NOT SUBMIT TO A CRIMINAL
51 HISTORY RECORD CHECK THROUGH INITIAL APPLICATION TO THE BOARD TO
52 SUBMIT TO A CRIMINAL HISTORY RECORD CHECK IN THE FORM AND
53 MANNER DESCRIBED IN SECTION 12-38.1-106.5 UPON THE CERTIFICATE
54 HOLDER'S FIRST RENEWAL AFTER SEPTEMBER 1, 2017.".
55
1 Page 14, strike lines 2 through 21 and substitute "APPLICANT SHALL HAVE
2 HIS OR HER FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY
3 OR ANOTHER AGENCY DESIGNATED BY THE DEPARTMENT FOR THE PURPOSE
4 OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK.
5 THE APPLICANT IS REQUIRED TO SUBMIT PAYMENT BY CERTIFIED CHECK OR
6 MONEY ORDER FOR THE FINGERPRINTS AND FOR THE ACTUAL COSTS OF THE
7 RECORD CHECK AT THE TIME THE FINGERPRINTS ARE SUBMITTED TO THE
8 COLORADO BUREAU OF INVESTIGATION. UPON RECEIPT OF FINGERPRINTS
9 AND RECEIPT OF THE PAYMENT FOR COSTS, THE COLORADO BUREAU OF
10 INVESTIGATION SHALL CONDUCT A STATE AND NATIONAL
11 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK UTILIZING
12 RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND THE
13 FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE RESULTS
14 OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD. THE BOARD
15 SHALL USE THE INFORMATION RESULTING FROM THE FINGERPRINT-BASED
16 CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE
17 WHETHER AN APPLICANT IS QUALIFIED TO HOLD A LICENSE PURSUANT TO
18 THIS ARTICLE 38.1. THE BOARD MAY VERIFY THE INFORMATION AN
19 APPLICANT IS REQUIRED TO SUBMIT. THE RESULTS OF".
20
21 Page 15, after line 12, insert:
22
23 "(3) THE CRIMINAL HISTORY RECORD CHECK REQUIREMENT
24 SPECIFIED IN SUBSECTION (1) OF THIS SECTION DOES NOT REMOVE OR
25 ELIMINATE ANY SEPARATE OR INDEPENDENT DUTY OF AN EMPLOYER TO
26 EXERCISE REASONABLE CARE IN THE HIRING, SUPERVISION, AND
27 RETENTION OF ITS EMPLOYEES.
28
29 SECTION 14. In Colorado Revised Statutes, 12-38.1-114, repeal
30 (12) as follows:
31 12-38.1-114. Disciplinary proceedings - hearing officers.
32 (12) An employer of a nurse aide shall report to the board any
33 disciplinary action taken against the nurse aide or any resignation in lieu
34 of a disciplinary action for conduct which constitutes a violation of this
35 article.".
36
37 Renumber succeeding sections accordingly.
38
39 Page 15, line 16, strike "ACTION" and substitute "VIOLATION OF THIS
40 ARTICLE 38.1".
41
42 Page 15, strike line 27 and substitute:
43
44 "(o) TO REQUIRE A LICENSEE WHO DID NOT SUBMIT TO A CRIMINAL
45 HISTORY RECORD CHECK THROUGH INITIAL APPLICATION TO THE BOARD TO
46 SUBMIT TO A CRIMINAL HISTORY RECORD CHECK IN THE FORM AND
47 MANNER DESCRIBED IN SECTION 12-40-107.2 (2)(b)(V) OR 12-40-108 (4),
48 AS APPLICABLE, UPON THE LICENSEE'S FIRST RENEWAL AFTER SEPTEMBER
49 1, 2017.".
50
51 Page 16, strike lines 1 through 3.
52
53 Page 16, line 5, strike "(2)(b)(V) and (7)" and substitute "(2)(b)(V), (7),
54 and (8)".
55
2017 Page 416 House Journal--55th Day--March 6,
1 Page 16, strike lines 15 through 27 and substitute:
2
3 "(V) ON AND AFTER SEPTEMBER 1, 2017, HAVE HIS OR HER
4 FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR
5 ANOTHER AGENCY DESIGNATED BY THE DEPARTMENT FOR THE PURPOSE OF
6 OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE
7 APPLICANT IS REQUIRED TO SUBMIT PAYMENT BY CERTIFIED CHECK OR
8 MONEY ORDER FOR THE FINGERPRINTS AND FOR THE ACTUAL COSTS OF THE
9 RECORD CHECK AT THE TIME THE FINGERPRINTS ARE SUBMITTED TO THE
10 COLORADO BUREAU OF INVESTIGATION. UPON RECEIPT OF FINGERPRINTS
11 AND RECEIPT OF THE PAYMENT FOR COSTS, THE COLORADO BUREAU OF
12 INVESTIGATION SHALL CONDUCT A STATE AND NATIONAL
13 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK UTILIZING
14 RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND THE
15 FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE RESULTS
16 OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD. THE BOARD
17 SHALL USE THE INFORMATION RESULTING FROM THE FINGERPRINT-BASED
18 CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE
19 WHETHER AN APPLICANT IS QUALIFIED TO HOLD A LICENSE PURSUANT TO
20 THIS ARTICLE 40. THE BOARD MAY VERIFY THE INFORMATION AN
21 APPLICANT IS REQUIRED TO SUBMIT. THE RESULTS OF THE CRIMINAL
22 HISTORY RECORD CHECK ARE CONFIDENTIAL. THE BOARD SHALL NOT
23 RELEASE THE RESULTS TO THE PUBLIC OR OTHER STATE LICENSING
24 BOARDS.".
25
26 Page 17, strike lines 1 through 10.
27
28 Page 17, after line 25, insert:
29
30 "(8) THE CRIMINAL HISTORY RECORD CHECK REQUIREMENT
31 SPECIFIED IN SUBSECTION (2)(b)(V) OF THIS SECTION DOES NOT REMOVE
32 OR ELIMINATE ANY SEPARATE OR INDEPENDENT DUTY OF AN EMPLOYER TO
33 EXERCISE REASONABLE CARE IN THE HIRING, SUPERVISION, AND
34 RETENTION OF ITS EMPLOYEES.".
35
36 Page 17, line 26, strike "(4)" and substitute "(4), (5), and (6) as follows:".
37
38 Page 17, strike line 27.
39
40 Page 18, strike lines 4 through 23 and substitute "HAVE HIS OR HER
41 FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR
42 ANOTHER AGENCY DESIGNATED BY THE DEPARTMENT FOR THE PURPOSE OF
43 OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE
44 APPLICANT IS REQUIRED TO SUBMIT PAYMENT BY CERTIFIED CHECK OR
45 MONEY ORDER FOR THE FINGERPRINTS AND FOR THE ACTUAL COSTS OF THE
46 RECORD CHECK AT THE TIME THE FINGERPRINTS ARE SUBMITTED TO THE
47 COLORADO BUREAU OF INVESTIGATION. UPON RECEIPT OF FINGERPRINTS
48 AND RECEIPT OF THE PAYMENT FOR COSTS, THE COLORADO BUREAU OF
49 INVESTIGATION SHALL CONDUCT A STATE AND NATIONAL
50 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK UTILIZING
51 RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND THE
52 FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE RESULTS
53 OF THE CRIMINAL HISTORY RECORD CHECK TO THE BOARD. THE BOARD
54 SHALL USE THE INFORMATION RESULTING FROM THE FINGERPRINT-BASED
55 CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE
56 WHETHER AN APPLICANT IS QUALIFIED TO HOLD A LICENSE PURSUANT TO
1 THIS ARTICLE 40. THE BOARD MAY VERIFY THE INFORMATION AN
2 APPLICANT IS REQUIRED TO SUBMIT. THE RESULTS OF THE CRIMINAL".
3
4 Page 19, after line 14, insert:
5
6 "(6) THE CRIMINAL HISTORY RECORD CHECK REQUIREMENT
7 SPECIFIED IN SUBSECTION (4) OF THIS SECTION DOES NOT REMOVE OR
8 ELIMINATE ANY SEPARATE OR INDEPENDENT DUTY OF AN EMPLOYER TO
9 EXERCISE REASONABLE CARE IN THE HIRING, SUPERVISION, AND
10 RETENTION OF ITS EMPLOYEES.".
11
12 Page 19, strike lines 19 through 21 and substitute:
13
14 "(n) REQUIRE A LICENSEE WHO DID NOT SUBMIT TO A CRIMINAL
15 HISTORY RECORD CHECK THROUGH INITIAL APPLICATION TO THE BOARD TO
16 SUBMIT TO A CRIMINAL HISTORY RECORD CHECK IN THE FORM AND
17 MANNER DESCRIBED IN SECTION 12-64-110.3 UPON THE LICENSEE'S FIRST
18 RENEWAL AFTER SEPTEMBER 1, 2017.".
19
20 Page 20, strike lines 17 through 27 and substitute "EACH APPLICANT
21 SHALL HAVE HIS OR HER FINGERPRINTS TAKEN BY A LOCAL LAW
22 ENFORCEMENT AGENCY OR ANOTHER AGENCY DESIGNATED BY THE
23 DEPARTMENT FOR THE PURPOSE OF OBTAINING A FINGERPRINT-BASED
24 CRIMINAL HISTORY RECORD CHECK. THE APPLICANT IS REQUIRED TO
25 SUBMIT PAYMENT BY CERTIFIED CHECK OR MONEY ORDER FOR THE
26 FINGERPRINTS AND FOR THE ACTUAL COSTS OF THE RECORD CHECK AT THE
27 TIME THE FINGERPRINTS ARE SUBMITTED TO THE COLORADO BUREAU OF
28 INVESTIGATION. UPON RECEIPT OF FINGERPRINTS AND RECEIPT OF THE
29 PAYMENT FOR COSTS, THE COLORADO BUREAU OF INVESTIGATION SHALL
30 CONDUCT A STATE AND NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY
31 RECORD CHECK UTILIZING RECORDS OF THE COLORADO BUREAU OF
32 INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION AND SHALL
33 FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE
34 BOARD. THE BOARD SHALL USE THE INFORMATION RESULTING FROM THE
35 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE
36 AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO HOLD A
37 LICENSE PURSUANT TO THIS ARTICLE 64. THE BOARD MAY VERIFY THE
38 INFORMATION AN APPLICANT IS REQUIRED TO SUBMIT. THE RESULTS OF
39 THE CRIMINAL HISTORY RECORD CHECK ARE CONFIDENTIAL. THE BOARD
40 SHALL NOT RELEASE THE RESULTS TO THE PUBLIC OR OTHER STATE
41 LICENSING BOARDS.".
42
43 Page 21, strike lines 1 through 12.
44
45 Page 21, after line 25, insert:
46
47 "(3) THE CRIMINAL HISTORY BACKGROUND CHECK REQUIREMENT
48 SPECIFIED IN SUBSECTION (1) OF THIS SECTION DOES NOT REMOVE OR
49 ELIMINATE ANY SEPARATE OR INDEPENDENT DUTY OF AN EMPLOYER TO
50 EXERCISE REASONABLE CARE IN THE HIRING, SUPERVISION, AND
51 RETENTION OF ITS EMPLOYEES.".
52
53 Page 52, strike lines 14 and 15 and substitute:
54
2017 Page 418 House Journal--55th Day--March 6,
1 "24-60-3203. Effective date - notification to the revisor of
2 statutes. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REGULATORY
3 AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING WHEN THE
4 CONDITION SPECIFIED IN ARTICLE X a. OF THIS PART 32 HAS OCCURRED BY
5 E-MAILING THE NOTICE TO REVISOROFSTATUTES.GA@STATE.CO.US. THE
6 REPEAL AND REENACTMENT OF THIS PART 32 TAKES EFFECT UPON THE
7 NOTICE THAT THE COMPACT HAS BEEN ENACTED BY TWENTY-SIX STATES
8 OR DECEMBER 31, 2018, WHICHEVER OCCURS FIRST.".
9

House Journal, May 2
11 HB17-1121 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Amend the Health, Insurance, and Environment Committee Report, dated
16 March 2, 2017, page 9, line 7, strike "SEPTEMBER 1, 2017," and substitute
17 "JULY 1, 2018,".
18
19 Strike "SEPTEMBER 1, 2017." and substitute "JULY 1, 2018." on: Page 1,
20 line 6; Page 2, line 18; Page 3, line 16; Page 4, line 16; Page 7, line 31;
21 Page 9, lines 1 and 2; and Page 10, line 34.
22
23 Page 12 of the report, after line 2 insert:
24
3 25 "Strike "SEPTEMBER 1, 2017," and substitute "JULY 1, 2018," on: Page
26 of the bill, line 7; Page 5 of the bill, line 4; Page 7 of the bill, line 2; Page
27 10 of the bill, line 2; Page 13 of the bill, line 26; Page 18 of the bill, line
28 2; and Page 20 of the bill, line 15.".
29
30 Page 11 of the report, after line 29 insert:
31
32 "Page 52 of the printed bill, after line 13 insert:
33
34 "SECTION 24. Appropriation. (1) For the 2017-18 state fiscal
35 year, $576,126 is appropriated to the department of public safety. This
36 appropriation is from the Colorado bureau of investigation identification
37 unit fund created in section 24-33.5-426, C.R.S. To implement this act,
38 the department may use this appropriation as follows:
39 (a) $279,144 for use by the biometric identification and records
40 unit for criminal history record checks, which amount is based on an
41 assumption that the unit will require an additional 0.9 FTE; and
41 (b) $296,982 for use by executive director's office for 42 leased space.
43 (2) For the 2017-18 state fiscal year, $50,000 is appropriated to
44 the department of regulatory agencies. This appropriation is from the
45 division of professions and occupations cash fund created in section
46 24-34-105 (2)(b)(I), C.R.S. To implement this act, the department may
47 use this appropriation for the purchase of information technology
48 services.
49 (3) For the 2017-18 state fiscal year, $50,000 is appropriated to
50 the office of the governor for use by the office of information technology.
51 This appropriation is from reappropriated funds received from the
52 department of regulatory agencies under subsection (2) of this section. To
53 implement this act, the office may use this appropriation to provide
54 information technology services for the department of regulatory
55 agencies.".
2017 Page 1222 House Journal--112th Day--May 2,
1 Renumber succeeding sections accordingly.
2
3 Page 1 of the printed bill, line 106, strike "AND".
4
5 Page 1 of the printed bill, line 107, strike "COMPACT." and substitute
6 "COMPACT, AND, MAKING AN APPROPRIATION.".".
7
8



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-20


BILL HB17-1139

Position: Neutral

Short Title: Medicaid Provider Compliance Billing Safety Rules
Sponsors: L. Landgraf | D. Michaelson Jenet / B. Martinez Humenik | J. Kefalas

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
2/1/2017 Introduced In House - Assigned to Public Health Care & Human Services
4/18/2017 House Committee on Public Health Care & Human Services Witness Testimony and/or Committee Discussion Only
4/21/2017 House Committee on Public Health Care & Human Services Refer Amended to House Committee of the Whole
4/26/2017 House Second Reading Passed with Amendments - Committee, Floor
4/27/2017 House Third Reading Passed - No Amendments
4/27/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/1/2017 Senate Committee on State, Veterans, & Military Affairs Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/3/2017 Senate Second Reading Passed - No Amendments
5/4/2017 Senate Third Reading Passed - No Amendments
5/17/2017 Signed by the Speaker of the House
5/18/2017 Sent to the Governor
5/18/2017 Signed by the President of the Senate
6/6/2017 Governor Signed

Amendment

House Journal, April 24
25 HB17-1139 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend printed bill, strike everything below the enacting clause and
30 substitute:
31
32 "SECTION 1. Legislative declaration. (1) The general
33 assembly finds and declares that:
34 (a) Colorado's medicaid program provides critical health care
35 services to many of the state's residents;
36 (b) It is in the best interest of Colorado to do everything possible
37 to minimize error, inefficiency, and fraud in the medicaid program to
38 ensure the long-term viability of this safety-net program and to protect
39 clients from prohibited billing practices that harm them financially and
40 hurt their credit;
41 (c) The vast majority of providers enrolled in the medicaid
42 program are in compliance with the department of health care policy and
43 financing's (state department) rules, billing manuals, and provider
44 bulletins, and serve medicaid clients well;
45 (d) For the small number of providers out of compliance with the
46 state department's rules, billing manuals, and provider bulletins, the state
47 department has limited options to help those providers come into
48 compliance before terminating the provider from the national medicaid
49 provider network; and
50 (e) The state department should have intermediate options to
51 ensure that providers out of compliance can come into compliance and
52 remained enrolled in the medicaid program.
53 (2) Now, therefore, it is the intent of the general assembly that the
54 state department use the intermediate options outlined in this legislation
55 judiciously and that the state department collaborate with providers and
2017 Page 1046 House Journal--104ht Day--April 24,
1 provider associations to improve compliance and understanding of the
2 state department's rules and policies.
3 SECTION 2. In Colorado Revised Statutes, 25.5-4-301, amend
4 (1)(a)(II.5)(A); repeal (1)(a)(II.5)(B); and add (15) as follows:
5 25.5-4-301. Recoveries - overpayments - penalties - interest -
6 adjustments - liens - review or audit procedures. (1) (a) (II.5) (A) A
7 provider of medical services shall be liable to a recipient or the estate of
8 a recipient if the provider knowingly receives or seeks collection through
9 a third party of an amount in violation of subparagraph (I) of this
10 paragraph (a). The provider shall be liable for the amount unlawfully
11 received, statutory interest on the amount received from the date of
12 receipt until the date of repayment, plus a civil monetary penalty equal to
13 one-half of the amount unlawfully received WHO BILLS OR SEEKS
14 COLLECTION THROUGH A THIRD PARTY FROM A RECIPIENT OR THE ESTATE
15 OF A RECIPIENT FOR MEDICAL SERVICES AUTHORIZED BY TITLE XIX OF THE
16 SOCIAL SECURITY ACT IN AN AMOUNT IN VIOLATION OF SUBSECTION
17 (1)(a)(I) OF THIS SECTION IS SUBJECT TO A CIVIL MONETARY PENALTY OF
18 UP TO THREE TIMES THE AMOUNT BILLED OR SENT TO COLLECTIONS. A
19 PROVIDER OF MEDICAL SERVICES WHO, WITHIN THIRTY DAYS OF
20 NOTIFICATION BY THE STATE DEPARTMENT, OR LONGER IF APPROVED BY
21 THE STATE DEPARTMENT, VOIDS THE BILL, RETURNS ANY AMOUNT
22 UNLAWFULLY RECEIVED, AND MAKES EVERY REASONABLE EFFORT TO
23 RESOLVE ANY COLLECTION ACTIONS SO THAT THE RECIPIENT OR THE
24 ESTATE OF THE RECIPIENT HAS NO ADVERSE FINANCIAL CONSEQUENCES IS
25 NOT LIABLE FOR ANY CIVIL MONETARY PENALTY. When determining
26 income or resources for purposes of determining eligibility or benefit
27 amounts for any state-funded program under this title TITLE 25.5, the state
28 department shall exclude from consideration any moneys MONEY received
29 by a recipient pursuant to this subparagraph (II.5) SUBSECTION
30 (1)(a)(II.5). THE IMPOSITION OF A CIVIL MONETARY PENALTY BY THE
31 STATE DEPARTMENT MAY BE APPEALED ADMINISTRATIVELY.
32 (B) In order to establish a claim for the penalty established by
33 sub-subparagraph (A) of this subparagraph (II.5), a recipient or the estate
34 of a recipient shall forward a notice of claim to the state department and
35 to the provider. The executive director of the state department shall
36 promulgate rules for an informal hearing process for determination of the
37 issue that shall allow a provider an opportunity to be heard.
38 (15) (a) THE STATE DEPARTMENT MAY REQUEST A WRITTEN
39 RESPONSE FROM ANY PROVIDER WHO FAILS TO COMPLY WITH THE RULES,
40 MANUALS, OR BULLETINS ISSUED BY THE STATE DEPARTMENT, STATE
41 BOARD, OR THE STATE DEPARTMENT'S FISCAL AGENT, OR FROM ANY
42 PROVIDER WHOSE ACTIVITIES ENDANGER THE HEALTH, SAFETY, OR
43 WELFARE OF MEDICAID RECIPIENTS. THE WRITTEN RESPONSE MUST
44 DESCRIBE HOW THE PROVIDER WILL COME INTO AND ENSURE FUTURE
45 COMPLIANCE. IF A WRITTEN RESPONSE IS REQUESTED, A PROVIDER HAS
46 THIRTY DAYS, OR LONGER IF APPROVED BY THE STATE DEPARTMENT, TO
47 SUBMIT THE WRITTEN RESPONSE.
48 (b) IF THE PROVIDER DOES NOT AGREE WITH THE STATE
49 DEPARTMENT'S FINDINGS THAT RESULTED IN THE REQUEST ISSUED
50 PURSUANT TO SUBSECTION (15)(a) OF THIS SECTION, THEN THE PROVIDER'S
51 WRITTEN RESPONSE MUST INCLUDE AN EXPLANATION AND SPECIFIC
52 REASONS FOR THE PROVIDER'S DISAGREEMENT.
53 SECTION 3. Safety clause. The general assembly hereby finds,
54 determines, and declares that this act is necessary for the immediate
55 preservation of the public peace, health, and safety.".

House Journal, April 26
32 Amendment No. 1, Public Health Care & Human Services Report, dated
33 April 21, 2017, and placed in member's bill file; Report also printed in
34 House Journal, April 24, 2017.
35
36 Amendment No. 2, by Representative(s) Landgraf.
37
38 Amend the Public Health Care & Human Services Committee Report,
39 dated April 21, 2017, page 2 strike line 7 and substitute "(1)(a)(II.5)(A)
40 and (1)(a)(II.5)(B); and add (1)(a)(II.5)(A.5) and (15) as follows:"
41
42 Page 2, strike lines 20 through 28 and substitute "(1)(a)(I) OF THIS
43 SECTION IS LIABLE FOR AND SUBJECT TO THE FOLLOWING: A REFUND TO
44 THE RECIPIENT OF ANY AMOUNT UNLAWFULLY RECEIVED FROM THE
45 RECIPIENT, PLUS STATUTORY INTEREST FROM THE DATE OF THE RECEIPT
46 UNTIL THE DATE OF REPAYMENT; A CIVIL MONETARY PENALTY OF ONE
47 HUNDRED DOLLARS FOR EACH VIOLATION OF SUBSECTION (1)(a)(I) OF THIS
48 SECTION; AND ALL AMOUNTS SUBMITTED TO A COLLECTION AGENCY IN THE
49 NAME OF THE MEDICAID RECIPIENT. When determining".
50
51 Page 2, after line 34 insert:
52 "(A.5) A PROVIDER OF MEDICAL SERVICES WHO, WITHIN THIRTY
53 DAYS OF NOTIFICATION BY THE STATE DEPARTMENT, OR LONGER IF
54 APPROVED BY THE STATE DEPARTMENT, VOIDS THE BILL, RETURNS ANY
55 AMOUNT UNLAWFULLY RECEIVED, AND MAKES EVERY REASONABLE
56 EFFORT TO RESOLVE ANY COLLECTION ACTIONS SO THAT THE RECIPIENT OR
1 THE ESTATE OF THE RECIPIENT HAS NO ADVERSE FINANCIAL
2 CONSEQUENCES IS NOT SUBJECT TO THE PROVISIONS OF SUBSECTION
3 (1)(a)(II.5)(A) OF THIS SECTION.".
4
5 Page 2, strike lines 35 through 37 and substitute:
6 "(B) In order to establish a claim for the CIVIL MONETARY penalty
7 established by sub-subparagraph (A) of this subparagraph (II.5)
8 SUBSECTION (1)(a)(II.5)(A) OF THIS SECTION, a recipient or the estate of
9 a recipient, OR A PERSON ACTING ON BEHALF OF A RECIPIENT OR THE
10 ESTATE OF A RECIPIENT shall forward a notice of claim to NOTIFY the state
11 department. and".
12
13 Amendment No. 3, by Representative(s) Michaelson Jenet.
14
15 Amend the Public Health Care and Human Services Committee Report,
16 dated April 21, 2017, page 2, line 7, before "(15)" insert "(1)(a)(II.5)(C),
17 and".
18
19 Page 2, after line 40 insert:
20 "(C) THE PROVISIONS OF SUBSECTION (1)(a)(II.5)(A) OF THIS
21 SECTION SHALL NOT APPLY IF A RECIPIENT KNOWINGLY MISREPRESENTS
22 THEIR MEDICAID COVERAGE STATUS TO A PROVIDER OF MEDICAL SERVICES
23 AND THE PROVIDER SUBMITS DOCUMENTATION TO THE STATE
24 DEPARTMENT THAT THE RECIPIENT KNOWINGLY MISREPRESENTED THEIR
25 MEDICAID COVERAGE STATUS AND THE DOCUMENTATION CLEARLY
26 ESTABLISHES A GOOD CAUSE BASIS FOR GRANTING AN EXCEPTION TO THE
27 PROVIDER.".
28
29 As amended, ordered engrossed and placed on the Calendar for Third
30 Reading and Final Passage.



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-02-02


BILL HB17-1156

Position: Support

Short Title: Prohibits Conversion Therapy Mental Health Provider
Sponsors: P. Rosenthal / S. Fenberg

The bill prohibits a licensed physician specializing in psychiatry or a licensed or registered mental health care provider from engaging in conversion therapy with a patient under 18 years of age. A licensee who engages in these efforts is subject to disciplinary action by the appropriate licensing board. 'Conversion therapy' means efforts that seek to change an individual's sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.


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



Status
2/6/2017 Introduced In House - Assigned to Public Health Care & Human Services
2/28/2017 House Committee on Public Health Care & Human Services Refer Unamended to House Committee of the Whole
3/2/2017 House Second Reading Laid Over to 03/06/2017 - No Amendments
3/6/2017 House Second Reading Passed - No Amendments
3/7/2017 House Third Reading Passed - No Amendments
3/10/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
3/22/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-02-07


BILL HB17-1173

Position: Support

Short Title: Health Care Providers And Carriers Contracts
Sponsors: C. Hansen / T. Neville

The bill requires a contract between a health insurance carrier (carrier) and a health provider (provider) to include a provision that prohibits a carrier from taking an adverse action against the provider due to a provider's disagreement with a carrier's decision on the provision of health care services. Current law requires the contract to state that the carrier cannot terminate the contract for these same reasons.

The bill also requires the contract to contain provisions that prohibit a carrier from: Taking adverse actions for communicating with public officials on health care issues; filing complaints or reporting to public officials about conduct by a carrier that might negatively affect patient care; provides information in a forum concerning the required contract provisions; reporting alleged carrier violations; or participating in an investigation of an alleged violation.


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



Status
2/6/2017 Introduced In House - Assigned to Health, Insurance, & Environment
2/21/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
2/24/2017 House Second Reading Laid Over to 02/27/2017 - No Amendments
2/27/2017 House Second Reading Passed with Amendments - Committee, Floor
2/28/2017 House Third Reading Passed - No Amendments
2/28/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/20/2017 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/21/2017 Senate Second Reading Special Order - Passed - No Amendments
3/21/2017 Senate Second Reading Passed - No Amendments
3/22/2017 Senate Third Reading Laid Over Daily - No Amendments
3/23/2017 Senate Second Reading Laid Over to 03/27/2017 - No Amendments
3/27/2017 Senate Second Reading Laid Over Daily - No Amendments
3/29/2017 Senate Third Reading Passed - No Amendments
4/4/2017 Sent to the Governor
4/4/2017 Signed by the President of the Senate
4/4/2017 Signed by the Speaker of the House
4/6/2017 Governor Signed

Amendment

House Journal, February 22
52 HB17-1173 be amended as follows, and as so amended, be referred to
53 the Committee of the Whole with favorable
54 recommendation:
55
2017 Page 308 House Journal--43rd Day--February 22,
1 Amend printed bill, page 3, line 6, before "BECAUSE" insert "ACTING IN
2 GOOD FAITH".
3
4 Page 4, line 3, strike "A COVERED PERSON OR" and substitute "(a) A".
5
6 Page 4, after line 6 insert:
7
8 "(b) IF A COURT DEEMS AN ACTION FRIVOLOUS, THE COURT MAY
9 AWARD ATTORNEY FEES AND COSTS TO THE DEFENDANT.".
10
11 Page 4, line 9, strike "RESTRICT, LIMIT,".
12
13 Page 5, after line 3 insert:
14
15 "SECTION 2. Effective date - applicability. This act takes
16 effect July 1, 2017, and applies to contracts entered or renewed on or after
17 said date.".
18
19 Renumber succeeding section accordingly.
20
21

House Journal, February 27
1 Amendment No. 1, Health, Insurance, & Environment Report, dated
2 February 21, 2017, and placed in member's bill file; Report also printed
3 in House Journal, February 22, 2017.
4
5 Amendment No. 2, by Representative(s) Hansen.
6
7 Amend the Health, Insurance, and Environment Committee Report, dated
8 February 21, 2017, page 1, strike lines 1 and 2 and substitute:
9
10 "Amend printed bill, page 3, line 6, strike "PROVIDER:" and substitute
11 "PROVIDER, ACTING IN GOOD FAITH:".".
12
13 Page 1 of the committee report, after line 3, insert:
14
15 "Amend printed bill, page 4, line 6, strike "COSTS AND ATTORNEY FEES."
16 and substitute "COSTS. THIS SECTION DOES NOT CHANGE THE STANDARDS
17 FOR OBTAINING INJUNCTIVE RELIEF.".".
18
19 Page 1 of the committee report, line 6, strike "ATTORNEY FEES AND".".
20
21 As amended, ordered engrossed and placed on the Calendar for Third
22 Reading and Final Passage.



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-02-07


BILL HB17-1186

Position: Support

Short Title: Health Coverage Prescription Contraceptives Supply
Sponsors: B. Pettersen | L. Landgraf / D. Coram

The bill requires health insurers that issue individual and group sickness and accident policies, contracts, or plans that are required under current law to provide contraception coverage to reimburse participating providers or in-network dispensing entities for:

'Prescription contraceptive' is defined as a medically acceptable oral drug or contraceptive patch that is used to prevent pregnancy, that requires a prescription, and that is covered under the terms of the policy, contract, or plan issued by a health insurer subject to regulation by the state.


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



Status
2/14/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/9/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
3/16/2017 House Second Reading Passed with Amendments - Committee
3/17/2017 House Third Reading Laid Over to 03/21/2017 - No Amendments
3/21/2017 House Third Reading Passed - No Amendments
3/23/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
4/5/2017 Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Senate Committee of the Whole
4/10/2017 Senate Second Reading Laid Over Daily - No Amendments
4/11/2017 Senate Second Reading Passed - No Amendments
4/12/2017 Senate Third Reading Laid Over to 04/17/2017 - No Amendments
4/17/2017 Senate Third Reading Passed - No Amendments
5/1/2017 Signed by the President of the Senate
5/1/2017 Signed by the Speaker of the House
5/2/2017 Sent to the Governor
6/5/2017 Governor Signed

Amendment

House Journal, March 10
28 HB17-1186 be amended as follows, and as so amended, be referred to
29 the Committee of the Whole with favorable
30 recommendation:
31
32 Amend printed bill, page 3, line 10, strike "PREGNANCY AND THAT
33 REQUIRES A PRESCRIPTION." and substitute "PREGNANCY, THAT REQUIRES
34 A PRESCRIPTION, AND THAT IS COVERED UNDER THE TERMS OF THE POLICY,
35 CONTRACT, OR PLAN ISSUED BY AN ENTITY SUBJECT TO PART 2, 3, OR 4 OF
36 THIS ARTICLE 16.".
37
38 Page 3, after line 10 insert:
39
40 "SECTION 2. In Colorado Revised Statutes, 10-16-104, amend
41 (3)(a)(I) as follows:
42
43 10-16-104. Mandatory coverage provisions - definitions -
44 rules. (3) Maternity coverage. (a) (I) (A) All group sickness and
45 accident insurance policies providing coverage within the state and issued
46 to an employer by an entity subject to part 2 of this article ARTICLE 16, all
47 group health service contracts issued by an entity subject to part 3 or 4 of
48 this article ARTICLE 16 and issued to an employer, all individual sickness
49 and accident insurance policies issued by an entity subject to part 2 of this
50 article ARTICLE 16, and all individual health care or indemnity contracts
51 issued by an entity subject to part 3 or 4 of this article ARTICLE 16, except
52 supplemental policies covering a specified disease or other limited
53 benefit, shall MUST insure against the expense of normal pregnancy and
54 childbirth or provide coverage for maternity care and provide coverage
55 for contraception in the same manner as any other sickness, injury,
56 disease, or condition is otherwise covered under the policy or contract;
1 EXCEPT THAT COVERAGE FOR CONTRACEPTION MUST BE CONSISTENT WITH
2 THE REQUIREMENTS IN SECTION 10-16-104.2.
3 (B) Individual sickness and accident insurance policies or
4 contracts may exclude coverage for pregnancy and delivery expenses on
5 the grounds that pregnancy was a preexisting condition; EXCEPT THAT the
6 exclusion for the A pregnancy as a preexisting condition under the policy
7 or contract shall DOES not apply for any subsequent pregnancies. Group
8 sickness and accident insurance policies or contracts shall MUST not
9 exclude coverage for pregnancy and delivery expenses on the grounds
10 that pregnancy was a preexisting condition.".
11
12 Renumber succeeding section accordingly.
13
14



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-02-14


BILL HB17-1247

Position: Neutral

Short Title: Patient Choice Health Care Provider
Sponsors: J. Danielson | J. Becker / J. Sonnenberg

The bill prohibits a health benefit plan or third-party administrator plan covering services by licensed chiropractors, optometrists, or pharmacists (providers) from:



Status
3/9/2017 Introduced In House - Assigned to Health, Insurance, & Environment
4/13/2017 House Committee on Health, Insurance, & Environment Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-03-09


BILL HB17-1254

Position: Oppose

Short Title: Noneconomic Damages Cap Wrongful Death Of Child
Sponsors: K. Becker | J. Salazar / D. Kagan

The bill eliminates the cap on noneconomic damages for the wrongful death of a minor child. The bill clarifies that, for purposes of the wrongful death statutes, 'minor child' is defined using the general statutory definition of 'minor', which is 'any person who has not attained the age of twenty-one years'.


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



Status
3/10/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
4/26/2017 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
4/27/2017 House Second Reading Special Order - Passed with Amendments - Committee
4/28/2017 House Third Reading Passed - No Amendments
4/28/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Amendment

House Journal, April 27
51 HB17-1254 be amended as follows, and as so amended, be referred to
52 the Committee of the Whole with favorable
53 recommendation:
54
55 Amend printed bill, page 2, line 6, strike "13-21-102.5 OR ANY OTHER
56 LAW TO THE CONTRARY," and substitute "13-21-102.5,".



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-03-10


BILL HB17-1322

Position: Oppose

Short Title: Domestic Violence Reports By Medical Professionals
Sponsors: D. Esgar | L. Landgraf / K. Lundberg | K. Donovan

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 is not required to report an injury that the licensee has reason to believe involves an act of domestic violence if:

When a licensee declines to report an injury that he or she has reason to believe resulted from domestic violence pursuant to the victim's expressed preference, the licensee shall document the victim's request in the victim's medical record.

Before a licensee reports an injury that he or she has reason to believe resulted from domestic violence, the licensee shall make a good-faith effort, confidentially, to advise the victim of the licensee's intent to do so.

If a licensee has reason to believe that an injury resulted from domestic violence, then, regardless of whether the licensee reports the injury to law enforcement, the licensee shall either refer the victim to a victim's advocate or provide the victim with information concerning services available to victims of abuse. A licensee who, in good faith, refers a victim to a victim's advocate or provides a victim with information concerning services available to victims of abuse is not civilly liable for any act or omission of the victim's advocate or of any agency that provides such services to the victim.

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 the reengrossed version of this bill as introduced in the second house.)



Status
4/5/2017 Introduced In House - Assigned to Judiciary
4/20/2017 House Committee on Judiciary Refer Amended to House Committee of the Whole
4/25/2017 House Second Reading Laid Over Daily - No Amendments
4/27/2017 House Second Reading Special Order - Laid Over Daily - No Amendments
4/28/2017 House Second Reading Special Order - Passed with Amendments - Floor
5/1/2017 House Third Reading Passed - No Amendments
5/1/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/3/2017 Senate Committee on State, Veterans, & Military Affairs Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/8/2017 Senate Second Reading Passed - No Amendments
5/9/2017 Senate Third Reading Passed - No Amendments
5/17/2017 Signed by the Speaker of the House
5/18/2017 Sent to the Governor
5/18/2017 Signed by the President of the Senate
6/5/2017 Governor Signed

Amendment

House Journal, April 21
22 HB17-1322 be amended as follows, and as so amended, be referred to
23 the Committee of the Whole with favorable
24 recommendation:
25
26 Amend printed bill, page 2, strike line 3 and substitute "(2); and add
27 (1)(a)(III), (1)(a)(IV), and (1)(a)(V) as follows:".
28
29 Page 2, line 5, strike "(1)(a)(V)" and substitute "(1)(a)(III)".
30
31 Page 2, line 7, strike "SHALL NOT" and substitute "IS NOT REQUIRED TO".
32
33 Page 2, line 15, after "SECTION;" add "AND".
34
35 Page 3, line 1, strike "VIOLENCE; AND" and substitute "VIOLENCE.".
36
37 Page 3, strike lines 2 and 3 and substitute:
38 "(IV) IF A LICENSEE HAS REASON TO BELIEVE THAT AN INJURY
39 RESULTED FROM AN ACT OF DOMESTIC VIOLENCE, HE OR SHE SHALL REFER
107 40 THE VICTIM TO A VICTIM'S ADVOCATE, AS DEFINED IN SECTION 13-90-
41 (1)(k)(II), REGARDLESS OF WHETHER THE LICENSEE REPORTS THE INJURY
42 TO LAW ENFORCEMENT.".
43
44 Page 3, line 4, strike "(VI)" and substitute "(V)".
45
46 Page 3, line 7, strike "(1)(a)(V)" and substitute "(1)(a)(III)".
47
48 Page 3, line 11, strike "(1)(a)(V)" and substitute "(1)(a)(III)".
49
50

House Journal, April 28
7 Amendment No. 1, by Representative(s) Esgar.
8
9 Strike the Judiciary Committee Report dated April 20, 2017, and
10 substitute:
11
12 "Amend printed bill, page 2, line 2, after "amend", insert "(1)(a)(I)(C)
13 and".
14
15 Page 2, line 3, strike "(1)(a)(V)" and substitute "(1)(a)(III), (1)(a)(IV),
16 (1)(a)(V),".
17
18 Page 2, strike lines 5 through 7 and substitute:
19
20 "report - immunity from liability. (1) (a) (I) Every licensee who attends
21 or treats any of the following injuries shall report the injury at once to the
22 police of the city, town, or city and county or the sheriff of the county in
23 which the licensee is located:
24 (C) Any other injury that the licensee has reason to believe
25 involves a criminal act; including injuries resulting from domestic
26 violence EXCEPT THAT A LICENSEE IS NOT REQUIRED TO REPORT AN INJURY
27 THAT HE OR SHE HAS REASON TO BELIEVE RESULTED FROM DOMESTIC
28 VIOLENCE UNLESS HE OR SHE IS REQUIRED TO REPORT THE INJURY
29 PURSUANT TO SUBSECTION (1)(a)(I)(A) OR (1)(a)(I)(B) OF THIS SECTION
30 OR THE INJURY IS A SERIOUS BODILY INJURY, AS DEFINED IN SECTION
31 18-1-901 (3)(p).
32 (III) EXCEPT AS DESCRIBED IN SUBSECTION (1)(a)(I)(C) OF THIS
33 SECTION, A LICENSEE MAY, BUT IS NOT REQUIRED TO, REPORT AN INJURY
34 THAT HE OR SHE".
35
36 Page 2, line 12, after "REPORTED;", add "AND".
37
38 Page 2, strike lines 15 and 16 and substitute "SECTION.".
39
40 Page 3, strike lines 1 through 8 and substitute:
41
42 "(IV) IF A LICENSEE DOES NOT REPORT AN INJURY PURSUANT TO A
43 VICTIM'S REQUEST, AS DESCRIBED IN SUBSECTION (1)(a)(III) OF THIS
44 SECTION, THE LICENSEE SHALL DOCUMENT THE VICTIM'S REQUEST IN THE
45 VICTIM'S MEDICAL RECORD.
46 (V) BEFORE A LICENSEE REPORTS AN INJURY THAT HE OR SHE HAS
47 REASON TO BELIEVE RESULTED FROM DOMESTIC VIOLENCE, AS DESCRIBED
48 IN SUBSECTION (1)(a)(III) OF THIS SECTION, THE LICENSEE SHALL MAKE A
49 GOOD-FAITH EFFORT, CONFIDENTIALLY, TO ADVISE THE VICTIM OF THE
50 LICENSEE'S INTENT TO DO SO.
51 (VI) IF A LICENSEE HAS REASON TO BELIEVE THAT AN INJURY
52 RESULTED FROM DOMESTIC VIOLENCE, THEN, REGARDLESS OF WHETHER
53 THE LICENSEE REPORTS THE INJURY TO LAW ENFORCEMENT, THE LICENSEE
54 SHALL EITHER REFER THE VICTIM TO A VICTIM'S ADVOCATE, AS DEFINED IN
55 SECTION 13-90-107 (1)(k)(II), OR PROVIDE THE VICTIM WITH INFORMATION
56 CONCERNING SERVICES AVAILABLE TO VICTIMS OF ABUSE.".
1 Page 3, line 9, after "(2)", insert "(a)".
2
3 Page 3, line 11, strike "SUBSECTION (1)(a)(V)" and substitute
4 "SUBSECTION (1)(a)(III)".
5
6 Page 3, after line 15, insert:
7
8 "(b) A LICENSEE WHO, IN GOOD FAITH, REFERS A VICTIM TO A
9 VICTIM'S ADVOCATE OR PROVIDES A VICTIM WITH INFORMATION
10 CONCERNING SERVICES AVAILABLE TO VICTIMS OF ABUSE, AS DESCRIBED
11 IN SUBSECTION (1)(a)(VI) OF THIS SECTION, IS NOT CIVILLY LIABLE FOR
12 ANY ACT OR OMISSION OF THE VICTIM'S ADVOCATE OR OF ANY AGENCY
13 THAT PROVIDES SUCH SERVICES TO THE VICTIM.".".
14
15 As amended, ordered engrossed and placed on the Calendar for Third
16 Reading and Final Passage.
17



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-04-05


BILL HB17-1350

Position: Neutral

Short Title: Pharmacist Partial Fill Opioid Prescription
Sponsors: L. Liston | B. Pettersen / C. Jahn | J. Smallwood

The bill:



Status
4/21/2017 Introduced In House - Assigned to Health, Insurance, & Environment
4/27/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
5/1/2017 House Second Reading Passed with Amendments - Committee
5/2/2017 House Third Reading Passed - No Amendments
5/2/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/4/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Amendment

House Journal, April 27
21 HB17-1350 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend printed bill, strike everything below the enacting clause and
26 substitute the following:
27 "SECTION 1. Legislative declaration. (1) The general
28 assembly hereby finds and declares that:
29 (a) Overdose deaths from just one kind of opioid painkiller
30 outnumbered all homicides in Colorado in 2015;
31 (b) In 2015, two hundred fifty-nine people died from overdoses
32 for what health officials call natural prescription opioids like
33 hydrocodone and oxycodone;
34 (c) It is important to create state policy that will limit the amount
35 of opioids that are prescribed to the amount necessary for a patient's
36 treatment;
37 (d) All health care providers who prescribe or dispense opioids
38 should be part of the effort to prevent and reduce addiction to opioids;
39 and
40 (e) The federal "Comprehensive Addiction and Recovery Act of
41 2016", (Pub.L. 114-198), includes a provision to allow pharmacists to
42 partially fill a prescription for a controlled substance, such as an opioid.
43 (2) It is the intent of the general assembly to engage stakeholders
44 in a discussion regarding opioid addiction, including partial-fill
45 prescriptions for opioids.
46 SECTION 2. In Colorado Revised Statutes, 12-42.5-118, add
47 (19) as follows:
48 12-42.5-118. Compounding - dispensing - sale of drugs and
49 devices - dispensing portions of opioid prescriptions - rules -
50 definition. (19) A PHARMACIST MAY PARTIALLY FILL A PRESCRIPTION FOR
51 A SCHEDULE II CONTROLLED SUBSTANCE, SUCH AS AN OPIOID, IF THE
52 PARTIAL FILL IS REQUESTED BY THE PATIENT OR THE PRESCRIBING
53 PRACTITIONER AND THE TOTAL QUANTITY DISPENSED IN ALL PARTIAL
54 FILLINGS DOES NOT EXCEED THE QUANTITY PRESCRIBED.
55
2017 Page 1126 House Journal--107th Day--April 27,
1 SECTION 3. Act subject to petition - effective date. This act
2 takes effect at 12:01 a.m. on the day following the expiration of the
3 ninety-day period after final adjournment of the general assembly (August
4 9, 2017, if adjournment sine die is on May 10, 2017); except that, if a
5 referendum petition is filed pursuant to section 1 (3) of article V of the
6 state constitution against this act or an item, section, or part of this act
7 within such period, then the act, item, section, or part will not take effect
8 unless approved by the people at the general election to be held in
9 November 2018 and, in such case, will take effect on the date of the
10 official declaration of the vote thereon by the governor.".
11
12



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-04-21


BILL HB17-1368

Position: Neutral

Short Title: End-of-life Death Certificate Signature
Sponsors: J. Ginal / L. Court

Currently, the 'Colorado End-of-life Options Act' requires an attending physician or hospice medical director to sign the death certificate of an individual who obtained and self-administered aid-in-dying medication. The bill removes this requirement.
(Note: This summary applies to this bill as introduced.)



Status
4/27/2017 Introduced In House - Assigned to Health, Insurance, & Environment
5/4/2017 House Committee on Health, Insurance, & Environment Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-04-28


BILL SB17-004

Position: Support

Short Title: Access To Providers For Medicaid Recipients
Sponsors: J. Tate / C. Wist

Under current law, recipients of services under the Colorado 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 medicaid.

Prior to providing medical services to a medicaid recipient, a nonenrolled provider must enter into a written agreement with the recipient as specified in the bill. If the requirements are met, the medicaid recipient would be responsible for the cost of the medical services.


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



Status
1/11/2017 Introduced In Senate - Assigned to Health & Human Services
2/9/2017 Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole
2/14/2017 Senate Second Reading Laid Over to 02/21/2017 - No Amendments
2/21/2017 Senate Second Reading Laid Over Daily - No Amendments
2/22/2017 Senate Second Reading Laid Over to 02/27/2017 - No Amendments
3/1/2017 Senate Second Reading Passed - No Amendments
3/2/2017 Senate Third Reading Passed - No Amendments
3/7/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
4/13/2017 House Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only
4/19/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-11


BILL SB17-017

Position: Oppose

Short Title: Allow Medical Marijuana Use For Stress Disorders
Sponsors: I. Aguilar / J. Singer

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill creates a statutory right to use medical marijuana for a patient with acute stress disorder or post-traumatic stress disorder. The bill creates the same rights, limitations, and criminal defenses and exceptions as the constitutional right to use medical marijuana.


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



Status
1/11/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
1/30/2017 Senate Committee on State, Veterans, & Military Affairs Refer Amended - Consent Calendar to Senate Committee of the Whole
2/2/2017 Senate Second Reading Passed with Amendments - Committee
2/3/2017 Senate Third Reading Passed - No Amendments
2/8/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs
3/8/2017 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
3/13/2017 House Second Reading Laid Over Daily - No Amendments
3/17/2017 House Second Reading Laid Over to 03/20/2017 - No Amendments
3/20/2017 House Second Reading Laid Over to 03/23/2017 - No Amendments
3/23/2017 House Second Reading Laid Over to 04/03/2017 - No Amendments
4/3/2017 House Second Reading Laid Over to 04/10/2017 - No Amendments
4/20/2017 House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/21/2017 House Third Reading Passed - No Amendments
4/24/2017 Senate Considered House Amendments - Result was to Laid Over Daily
4/25/2017 Senate Considered House Amendments - Result was to Concur - Repass
5/1/2017 Sent to the Governor
5/1/2017 Signed by the Speaker of the House
5/1/2017 Signed by the President of the Senate
6/5/2017 Governor Signed

Amendment

Senate Journal, January 31
After consideration on the merits, the Committee recommends that SB17-017 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. In Colorado Revised Statutes, 25-1.5-106, amend
(2)(a.5)(II), (2)(a.5)(III), (2)(d.5) introductory portion, (3)(a)(VI), (5)
introductory portion, (5)(b), (5)(d)(III), (5)(d)(IV), (9)(a), (9)(b),
(12)(b)(VII), (14), and (16)(a); and add (2)(a.7), (2)(d.3), and (2.5) as
follows:
25-1.5-106. Medical marijuana program - powers and duties
of state health agency - rules - medical review board - medical
marijuana program cash fund - subaccount - created - repeal.
(2) Definitions. In addition to the definitions set forth in section 14 (1)
of article XVIII of the state constitution, as used in this section, unless
the context otherwise requires:
(a.5) "Bona fide physician-patient relationship", for purposes of
the medical marijuana program, means:
(II) The physician has consulted with the patient with respect to
the patient's debilitating medical condition OR DISABLING MEDICAL
CONDITION before the patient applies for a registry identification card;
and
(III) The physician is available to or offers to provide follow-up
care and treatment to the patient, including patient examinations, to
determine the efficacy of the use of medical marijuana as a treatment of
the patient's debilitating medical condition OR DISABLING MEDICAL
CONDITION.
(a.7) "DISABLING MEDICAL CONDITION" MEANS ACUTE STRESS
DISORDER OR POST-TRAUMATIC STRESS DISORDER.
(d.3) "PATIENT" MEANS A PERSON WHO HAS A DEBILITATING
MEDICAL CONDITION OR DISABLING MEDICAL CONDITION.
(d.5) "Primary caregiver" means a natural person, other than the
patient or the patient's physician, who is eighteen years of age or older
and has significant responsibility for managing the well-being of a
patient who has a debilitating medical condition OR DISABLING MEDICAL
CONDITION. A primary caregiver may have one or more of the following
relationships:
(2.5) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS
(2.5)(h) AND (2.5)(i) OF THIS SECTION AND SECTION 18-18-406.3, A
PATIENT WITH A DISABLING MEDICAL CONDITION OR HIS OR HER PRIMARY
CAREGIVER CHARGED WITH A VIOLATION OF THE STATE'S CRIMINAL LAWS
RELATED TO THE PATIENT'S MEDICAL USE OF MARIJUANA WILL BE DEEMED
TO HAVE ESTABLISHED AN AFFIRMATIVE DEFENSE TO SUCH ALLEGATION
WHERE:
(I) THE PATIENT WAS PREVIOUSLY DIAGNOSED BY A PHYSICIAN AS
HAVING A DISABLING MEDICAL CONDITION;
(II) THE PATIENT WAS ADVISED BY HIS OR HER PHYSICIAN, IN THE
CONTEXT OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, THAT THE
PATIENT MIGHT BENEFIT FROM THE MEDICAL USE OF MARIJUANA IN
CONNECTION WITH A DISABLING MEDICAL CONDITION; AND
(III) THE PATIENT AND HIS OR HER PRIMARY CAREGIVER WERE
COLLECTIVELY IN POSSESSION OF AMOUNTS OF MARIJUANA ONLY AS
PERMITTED UNDER THIS SECTION.
(b) THE AFFIRMATIVE DEFENSE IN SUBSECTION (2.5)(a) OF THIS
SECTION DOES NOT EXCLUDE THE ASSERTION OF ANY OTHER DEFENSE
WHERE A PATIENT OR PRIMARY CAREGIVER IS CHARGED WITH A
VIOLATION OF STATE LAW RELATED TO THE PATIENT'S MEDICAL USE OF
MARIJUANA.
(c) IT IS AN EXCEPTION FROM THE STATE'S CRIMINAL LAWS FOR
ANY PATIENT WITH A DISABLING MEDICAL CONDITION OR HIS OR HER
PRIMARY CAREGIVER IN LAWFUL POSSESSION OF A REGISTRY
IDENTIFICATION CARD TO ENGAGE OR ASSIST IN THE MEDICAL USE OF
MARIJUANA, EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2.5)(h) OF
THIS SECTION OR SECTION 18-18-406.3.
(d) IT IS AN EXCEPTION FROM THE STATE'S CRIMINAL LAWS FOR
ANY PHYSICIAN TO:
(I) ADVISE A PATIENT WHOM THE PHYSICIAN HAS DIAGNOSED AS
HAVING A DISABLING MEDICAL CONDITION ABOUT THE RISKS AND
BENEFITS OF THE MEDICAL USE OF MARIJUANA OR THAT HE OR SHE MIGHT
BENEFIT FROM THE MEDICAL USE OF MARIJUANA, PROVIDED THAT SUCH
ADVICE IS BASED UPON THE PHYSICIAN'S CONTEMPORANEOUS
ASSESSMENT OF THE PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL
CONDITION AND A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP; OR
(II) PROVIDE A PATIENT WITH WRITTEN DOCUMENTATION, BASED
UPON THE PHYSICIAN'S CONTEMPORANEOUS ASSESSMENT OF THE
PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION AND A
BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, STATING THAT THE
PATIENT HAS A DISABLING MEDICAL CONDITION AND MIGHT BENEFIT
FROM THE MEDICAL USE OF MARIJUANA. NO PHYSICIAN SHALL BE DENIED
ANY RIGHTS OR PRIVILEGES FOR THE ACTS AUTHORIZED BY THIS SECTION.
(e) NOTWITHSTANDING THE FOREGOING PROVISIONS, NO PERSON,
INCLUDING A PATIENT WITH A DISABLING MEDICAL CONDITION OR HIS OR
HER PRIMARY CAREGIVER, IS ENTITLED TO THE PROTECTION OF THIS
SECTION FOR HIS OR HER ACQUISITION, POSSESSION, MANUFACTURE,
PRODUCTION , USE , SALE , DISTRIBUTION , DISPENSING , OR
TRANSPORTATION OF MARIJUANA FOR ANY USE OTHER THAN MEDICAL
USE.
(f) ANY PROPERTY INTEREST THAT IS POSSESSED, OWNED, OR USED
BY A PATIENT WITH A DISABLING MEDICAL CONDITION OR HIS OR HER
PRIMARY CAREGIVER IN CONNECTION WITH THE MEDICAL USE OF
MARIJUANA OR ACTS INCIDENTAL TO SUCH USE SHALL NOT BE HARMED,
NEGLECTED, INJURED, OR DESTROYED WHILE IN THE POSSESSION OF STATE
OR LOCAL LAW ENFORCEMENT OFFICIALS WHERE SUCH PROPERTY HAS
BEEN SEIZED IN CONNECTION WITH THE CLAIMED MEDICAL USE OF
MARIJUANA. ANY SUCH PROPERTY INTEREST SHALL NOT BE FORFEITED
UNDER ANY PROVISION OF STATE LAW PROVIDING FOR THE FORFEITURE OF
PROPERTY OTHER THAN AS A SENTENCE IMPOSED AFTER CONVICTION OF
A CRIMINAL OFFENSE OR ENTRY OF A PLEA OF GUILTY TO SUCH OFFENSE.
MARIJUANA AND PARAPHERNALIA SEIZED BY STATE OR LOCAL LAW
ENFORCEMENT OFFICIALS FROM A PATIENT OR PRIMARY CAREGIVER IN
CONNECTION WITH THE CLAIMED MEDICAL USE OF MARIJUANA MUST BE
RETURNED IMMEDIATELY UPON THE DETERMINATION OF THE DISTRICT
ATTORNEY OR HIS OR HER DESIGNEE THAT THE PATIENT OR PRIMARY
CAREGIVER IS ENTITLED TO THE PROTECTION CONTAINED IN THIS SECTION
AS MAY BE EVIDENCED, FOR EXAMPLE, BY A DECISION NOT TO PROSECUTE,
THE DISMISSAL OF CHARGES, OR ACQUITTAL.
(g) (I) A PATIENT WITH A DISABLING MEDICAL CONDITION MAY
ENGAGE IN THE MEDICAL USE OF MARIJUANA, WITH NO MORE MARIJUANA
THAN IS MEDICALLY NECESSARY TO ADDRESS A DISABLING MEDICAL
CONDITION. THE MEDICAL USE OF MARIJUANA BY A PATIENT WITH A
DISABLING MEDICAL CONDITION IS LAWFUL WITHIN THE FOLLOWING
LIMITS:
(A) NO MORE THAN TWO OUNCES OF A USABLE FORM OF
MARIJUANA; AND
(B) NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR
FEWER BEING MATURE, FLOWERING PLANTS THAT ARE PRODUCING A
USABLE FORM OF MARIJUANA.
(II) FOR QUANTITIES OF MARIJUANA IN EXCESS OF THESE
AMOUNTS, A PATIENT OR HIS OR HER PRIMARY CAREGIVER MAY RAISE AS
AN AFFIRMATIVE DEFENSE TO CHARGES OF VIOLATION OF STATE LAW
THAT SUCH GREATER AMOUNTS WERE MEDICALLY NECESSARY TO
ADDRESS THE PATIENT'S DISABLING MEDICAL CONDITION.
(h) (I) NO PATIENT WITH A DISABLING MEDICAL CONDITION
SHALL:
(A) ENGAGE IN THE MEDICAL USE OF MARIJUANA IN A WAY THAT
ENDANGERS THE HEALTH OR WELL-BEING OF ANY PERSON; OR
(B) ENGAGE IN THE MEDICAL USE OF MARIJUANA IN PLAIN VIEW
OF, OR IN A PLACE OPEN TO, THE GENERAL PUBLIC.
(II) IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW,
THE STATE HEALTH AGENCY SHALL REVOKE FOR A PERIOD OF ONE YEAR
THE REGISTRY IDENTIFICATION CARD OF ANY PATIENT FOUND TO HAVE
WILLFULLY VIOLATED THE PROVISIONS OF THIS SECTION.
(i) NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION (2.5),
NO PATIENT WITH A DISABLING MEDICAL CONDITION UNDER EIGHTEEN
YEARS OF AGE SHALL ENGAGE IN THE MEDICAL USE OF MARIJUANA
UNLESS:
(I) TWO PHYSICIANS HAVE DIAGNOSED THE PATIENT AS HAVING
A DISABLING MEDICAL CONDITION;
(II) ONE OF THE PHYSICIANS REFERRED TO IN SUBSECTION
(2.5)(i)(I) OF THIS SECTION HAS EXPLAINED THE POSSIBLE RISKS AND
BENEFITS OF THE MEDICAL USE OF MARIJUANA TO THE PATIENT AND EACH
OF THE PATIENT'S PARENTS RESIDING IN COLORADO;
(III) THE PHYSICIAN REFERRED TO IN SUBSECTION (2.5)(i)(II) OF
THIS SECTION HAS PROVIDED THE PATIENT WITH THE WRITTEN
DOCUMENTATION SPECIFYING THAT THE PATIENT HAS BEEN DIAGNOSED
WITH A DISABLING MEDICAL CONDITION AND THE PHYSICIAN HAS
CONCLUDED THAT THE PATIENT MIGHT BENEFIT FROM THE MEDICAL USE
OF MARIJUANA;
(IV) EACH OF THE PATIENT'S PARENTS RESIDING IN COLORADO
CONSENT IN WRITING TO THE STATE HEALTH AGENCY TO PERMIT THE
PATIENT TO ENGAGE IN THE MEDICAL USE OF MARIJUANA;
(V) A PARENT RESIDING IN COLORADO CONSENTS IN WRITING TO
SERVE AS THE PATIENT'S PRIMARY CAREGIVER;
(VI) A PARENT SERVING AS A PRIMARY CAREGIVER COMPLETES
AND SUBMITS AN APPLICATION FOR A REGISTRY IDENTIFICATION CARD
AND THE WRITTEN CONSENTS REFERRED TO IN SUBSECTIONS (2.5)(i)(IV)
AND (2.5)(i)(V) OF THIS SECTION TO THE STATE HEALTH AGENCY;
(VII) THE STATE HEALTH AGENCY APPROVES THE PATIENT'S
APPLICATION AND TRANSMITS THE PATIENT'S REGISTRY IDENTIFICATION
CARD TO THE PARENT DESIGNATED AS A PRIMARY CAREGIVER;
(VIII) THE PATIENT AND PRIMARY CAREGIVER COLLECTIVELY
POSSESS AMOUNTS OF MARIJUANA NO GREATER THAN THOSE SPECIFIED IN
SUBSECTION (2.5)(g) OF THIS SECTION; AND
(IX) THE PRIMARY CARE-GIVER CONTROLS THE ACQUISITION OF
SUCH MARIJUANA AND THE DOSAGE AND FREQUENCY OF ITS USE BY THE
PATIENT WITH A DISABLING MEDICAL CONDITION.
(3) Rule-making. (a) The state health agency shall, pursuant to
section 14 of article XVIII of the state constitution, promulgate rules of
administration concerning the implementation of the medical marijuana
program that specifically govern the following:
(VI) Communications with law enforcement officials about
registry identification cards that have been suspended when a patient is
no longer diagnosed as having a debilitating medical condition OR
DISABLING MEDICAL CONDITION;
(5) Physicians. A physician who certifies a debilitating medical
condition OR DISABLING MEDICAL CONDITION for an applicant to the
medical marijuana program shall comply with all of the following
requirements:
(b) After a physician, who has a bona fide physician-patient
relationship with the patient applying for the medical marijuana program,
determines, for the purposes of making a recommendation, that the
patient has a debilitating medical condition OR DISABLING MEDICAL
CONDITION and that the patient may benefit from the use of medical
marijuana, the physician shall certify to the state health agency that the
patient has a debilitating medical condition OR DISABLING MEDICAL
CONDITION and that the patient may benefit from the use of medical
marijuana. If the physician certifies that the patient would benefit from
the use of medical marijuana based on a chronic or debilitating disease
or medical condition OR DISABLING MEDICAL CONDITION, the physician
shall specify the chronic or debilitating disease or medical condition OR
DISABLING MEDICAL CONDITION and, if known, the cause or source of the
chronic or debilitating disease or medical condition OR DISABLING
MEDICAL CONDITION.
(d) A physician shall not:
(III) Examine a patient for purposes of diagnosing a debilitating
medical condition OR A DISABLING MEDICAL CONDITION at a location
where medical marijuana is sold or distributed; or
(IV) Hold an economic interest in an enterprise that provides or
distributes medical marijuana if the physician certifies the debilitating
medical condition OR DISABLING MEDICAL CONDITION of a patient for
participation in the medical marijuana program.
(9) Registry identification card required - denial - revocation
- renewal. (a) A PERSON WITH A DISABLING MEDICAL CONDITION MAY
APPLY TO THE STATE HEALTH AGENCY FOR A REGISTRY IDENTIFICATION
CARD. To be considered in compliance with the provisions of section 14
of article XVIII of the state constitution, this section, and the rules of the
state health agency, a patient or primary caregiver shall have his or her
registry identification card in his or her possession at all times that he or
she is in possession of any form of medical marijuana and produce the
same upon request of a law enforcement officer to demonstrate that the
patient or primary caregiver is not in violation of the law; except that, if
more than thirty-five days have passed since the date the patient or
primary caregiver filed his or her medical marijuana program application
and the state health agency has not yet issued or denied a registry
identification card, a copy of the patient's or primary caregiver's
application along with proof of the date of submission shall be in the
patient's or primary caregiver's possession at all times that he or she is in
possession of any form of medical marijuana until the state health agency
issues or denies the registry identification card. A person who violates
section 14 of article XVIII of the state constitution, this section, or the
rules promulgated by the state health agency may be subject to criminal
prosecution for violations of section 18-18-406. C.R.S.
(b) The state health agency may deny a patient's or primary
caregiver's application for a registry identification card or revoke the card
if the state health agency, in accordance with article 4 of title 24, C.R.S.,
determines that the physician who diagnosed the patient's debilitating
medical condition OR DISABLING MEDICAL CONDITION, the patient, or the
primary caregiver violated section 14 of article XVIII of the state
constitution, this section, or the rules promulgated by the state health
agency pursuant to this section; except that, when a physician's violation
is the basis for adverse action, the state health agency may only deny or
revoke a patient's application or registry identification card when the
physician's violation is related to the issuance of a medical marijuana
recommendation.
(12) Use of medical marijuana. (b) A patient or primary
caregiver shall not:
(VII) Use medical marijuana if the person does not have a
debilitating medical condition OR DISABLING MEDICAL CONDITION as
diagnosed by the person's physician in the course of a bona fide
physician-patient relationship and for which the physician has
recommended the use of medical marijuana.
(14) Affirmative defense. If a patient or primary caregiver raises
an affirmative defense as provided in section 14 (4)(b) of article XVIII
of the state constitution OR SUBSECTION (2.5)(g)(II) OF THIS SECTION, the
patient's physician shall certify the specific amounts in excess of two
ounces that are necessary to address the patient's debilitating medical
condition OR DISABLING MEDICAL CONDITION and why such amounts are
necessary. A patient who asserts this affirmative defense shall waive
confidentiality privileges related to the condition or conditions that were
the basis for the recommendation. If a patient, primary caregiver, or
physician raises an exception to the state criminal laws as provided in
section 14 (2)(b) or (2)(c) of article XVIII of the state constitution OR
SUBSECTION (2.5)(c) OR (2.5)(d) OF THIS SECTION, the patient, primary
caregiver, or physician waives the confidentiality of his or her records
related to the condition or conditions that were the basis for the
recommendation maintained by the state health agency for the medical
marijuana program. Upon request of a law enforcement agency for such
records, the state health agency shall only provide records pertaining to
the individual raising the exception, and shall redact all other patient,
primary caregiver, or physician identifying information.
(16) Fees. (a) The state health agency may collect fees from
patients who, pursuant to section 14 of article XVIII of the state
constitution OR SUBSECTION (9) OF THIS SECTION, apply to the medical
marijuana program for a registry identification card for the purpose of
offsetting the state health agency's direct and indirect costs of
administering the program. The amount of the fees shall be set by rule of
the state health agency. The amount of the fees set pursuant to this
section shall reflect the actual direct and indirect costs of the state
licensing authority in the administration and enforcement of this article
so that the fees avoid exceeding the statutory limit on uncommitted
reserves in administrative agency cash funds as set forth in section
24-75-402 (3). C.R.S. The state health agency shall not assess a medical
marijuana registry application fee to an applicant who demonstrates,
pursuant to a copy of the applicant's state tax return certified by the
department of revenue, that the applicant's income does not exceed one
hundred eighty-five percent of the federal poverty line, adjusted for
family size. All fees collected by the state health agency through the
medical marijuana program shall be transferred to the state treasurer who
shall credit the same to the medical marijuana program cash fund, which
fund is hereby created.
SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".

House Journal, March 9
27 SB17-017 be amended as follows, and as so amended, be referred to
28 the Committee of the Whole with favorable
29 recommendation:
30
31 Amend reengrossed bill, page 2, line 3, strike "(2)(a.5)(II), (2)(a.5)(III),"
32 and substitute "(2)(a.5),".
33
34 Page 2, after line 14 insert:
35
36 "(I) A physician and a patient have a treatment or counseling
37 relationship, in the course of which the physician has completed a full
38 assessment of the patient's medical history, INCLUDING REVIEWING A
39 PREVIOUS DIAGNOSIS FOR A DEBILITATING OR DISABLING MEDICAL
40 CONDITION, and current medical condition, including an appropriate
41 personal physical examination;".
42
43 Page 2, strike lines 23 and 24 and substitute:
44
45 "(a.7) "DISABLING MEDICAL CONDITION" MEANS POST-TRAUMATIC
46 STRESS DISORDER AS DIAGNOSED BY A LICENSED MENTAL HEALTH
47 PROVIDER OR PHYSICIAN.".
48
49 Page 5, strike lines 12 through 19.
50
51

House Journal, April 20
19 Amendment No. 1, State, Veterans, & Military Affairs Report, dated
20 March 8, 2017, and placed in member's bill file; Report also printed in
21 House Journal, March 9, 2017.
22
23 Amendment No. 2, by Representative(s) Singer.
24
25 Amend reengrossed bill, page 6, line 22, strike "PHYSICIANS" and
26 substitute "PHYSICIANS, ONE OF WHOM MUST BE A BOARD-CERTIFIED
27 PEDIATRICIAN, A BOARD-CERTIFIED FAMILY PHYSICIAN, OR A
28 BOARD-CERTIFIED CHILD AND ADOLESCENT PSYCHIATRIST AND ATTEST
29 THAT HE OR SHE IS PART OF THE PATIENT'S PRIMARY CARE PROVIDER
30 TEAM,".
31
32 As amended, ordered revised and placed on the Calendar for Third
33 Reading and Final Passage.



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-11


BILL SB17-021

Position: Support

Short Title: Assistance To Released Mentally Ill Offenders
Sponsors: B. Martinez Humenik / J. Singer

Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems. The bill directs the division of housing in the department of local affairs to establish a program to provide vouchers and supportive services to persons with a behavioral or mental health disorder who are being released from the department of corrections (DOC), the division of youth corrections in the department of human services (DYC), or jails. The program is funded by an appropriation from the marijuana tax cash fund and from money unspent by the division of criminal justice (CDPS) for community corrections programs in the previous fiscal year.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
1/11/2017 Introduced In Senate - Assigned to Judiciary
3/15/2017 Senate Committee on Judiciary Refer Amended to Appropriations
5/5/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/8/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
5/9/2017 Senate Third Reading Passed - No Amendments
5/9/2017 Introduced In House - Assigned to Health, Insurance, & Environment
5/9/2017 House Committee on Health, Insurance, & Environment Refer Amended to Appropriations
5/9/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/9/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/10/2017 House Third Reading Passed - No Amendments
5/10/2017 Senate Considered House Amendments - Result was to Concur - Repass
5/18/2017 Sent to the Governor
5/18/2017 Signed by the Speaker of the House
5/18/2017 Signed by the President of the Senate
6/2/2017 Governor Signed

Amendment

Senate Journal, March 16
After consideration on the merits, the Committee recommends that SB17-021 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. Legislative declaration. (1) The general
assembly finds and declares that:
(a) Individuals with serious mental health disorders number fewer
than four in every 100 American adults but occupy at least one in five of
America's prison and jail beds; whereas, in the community, only 11.7
state hospital beds remain per 100,000 people, leaving the state with
fewer hospital beds per capita than at any time since before the nation
stopped criminalizing mental health disorders in the 1850s;
(b) Inmates with a mental health disorder spend five and a half
times longer in custody than the average inmate;
(c) In 2010, the department of corrections and county jail systems
spent $93 million of taxpayers' money on mental health services. This
amounts to $2,083 per prisoner for mental health services. In that same
year, only 53% of the state's known behavioral health expenditures were
spent through the formal public health system, the remainder being spent
through the prison and jail system, child welfare system, and hospitals.
(d) Correctional facilities and county jails are not designed and
do not have the resources to handle or treat inmates with a behavioral or
mental health disorder but have become de facto mental health
institutions;
(e) Inmates with behavioral or mental health disorders are
frequently released into the community after incarceration homeless and
with no or insufficient supportive services;
(f) Housing alone is not sufficient to improve outcomes; however,
supportive housing models with specific support services are critical to
success in reducing recidivism of persons with behavioral or mental
health disorders transitioning between homelessness and incarceration;
(g) The state spends $666 per day for a bed at the Colorado
mental health institute at Pueblo, one of Colorado's state-operated
inpatient, psychiatric hospitals; and
(h) The state has a shortage of crisis beds, which results in
individuals in crisis remaining homeless or in less than ideal housing,
like jails, while awaiting appropriate placement.
SECTION 2. In Colorado Revised Statutes, add 24-32-723.5 as
follows:
24-32-723.5. Housing assistance for a person with a
behavioral or mental health disorder in the criminal or juvenile
justice system - cash fund - definition. (1) AS USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES, "PERSON WITH A
BEHAVIORAL OR MENTAL HEALTH DISORDER" MEANS AN INDIVIDUAL WHO
HAS OR, AT ANY TIME DURING THE PREVIOUS TWELVE MONTHS, HAD A
DIAGNOSABLE MENTAL, BEHAVIORAL, OR EMOTIONAL DISORDER OF
SUFFICIENT DURATION TO MEET DIAGNOSTIC CRITERIA SPECIFIED WITHIN
THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS,
RESULTING IN FUNCTIONAL IMPAIRMENT THAT INTERFERES WITH OR
LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
(2) IN CONJUNCTION WITH ITS OTHER PROGRAMS TO PROVIDE
ASSISTANCE IN OBTAINING HOUSING, THE DIVISION SHALL ESTABLISH A
PROGRAM THAT PROVIDES VOUCHERS AND OTHER SUPPORT SERVICES FOR
HOUSING ASSISTANCE FOR A PERSON WITH A MENTAL HEALTH DISORDER
OR CO-OCCURRING BEHAVIORAL HEALTH DISORDER WHO IS
TRANSITIONING FROM THE DEPARTMENT OF CORRECTIONS, THE DIVISION
OF YOUTH CORRECTIONS IN THE DEPARTMENT OF HUMAN SERVICES, OR A
COUNTY JAIL INTO THE COMMUNITY.
(3) THE DIVISION SHALL ALSO PROVIDE GRANTS OR LOANS FOR
THE ACQUISITION, CONSTRUCTION, OR REHABILITATION OF RENTAL
HOUSING FOR PERSONS WITH BEHAVIORAL OR MENTAL HEALTH
DISORDERS.
(4) THERE IS CREATED IN THE STATE TREASURY THE HOUSING
ASSISTANCE FOR PERSONS TRANSITIONING FROM THE CRIMINAL OR
JUVENILE JUSTICE SYSTEM CASH FUND, REFERRED TO IN THIS SECTION AS
THE "CASH FUND". THE CASH FUND CONSISTS OF ALL MONEY
TRANSFERRED TO THE FUND PURSUANT TO SECTION 17-27-108 (7) AND
ALL MONEY THAT THE GENERAL ASSEMBLY APPROPRIATES TO THE CASH
FUND. ALL MONEY IN THE CASH FUND IS CONTINUOUSLY APPROPRIATED
TO THE DIVISION FOR THE PURPOSES SET FORTH IN THIS SECTION. ALL
INTEREST EARNED FROM THE INVESTMENT OF MONEY IN THE CASH FUND
IS CREDITED TO THE CASH FUND. ALL MONEY NOT EXPENDED AT THE END
OF THE FISCAL YEAR REMAINS IN THE CASH FUND AND DOES NOT REVERT
TO THE GENERAL FUND OR ANY OTHER FUND.
SECTION 3. In Colorado Revised Statutes, add article 70 to title
27 as follows:
ARTICLE 70
Reentry Programs for Persons with
Behavioral or Mental Health Disorders
27-70-101. Reentry programs for persons with behavioral or
mental health disorders - definitions. (1) AS USED IN THIS ARTICLE 70,
UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "PERSON WITH A BEHAVIORAL OR MENTAL HEALTH DISORDER"
HAS THE SAME MEANING AS SET FORTH IN SECTION 24-32-723.5 (1).
(b) "UNIT" MEANS THE UNIT IN THE DEPARTMENT OF HUMAN
SERVICES THAT ADMINISTERS BEHAVIORAL HEALTH PROGRAMS AND
SERVICES, INCLUDING THOSE RELATED TO MENTAL HEALTH AND
SUBSTANCE ABUSE.
(2) THE UNIT, IN COLLABORATION WITH THE DEPARTMENT OF
CORRECTIONS, SHALL ADMINISTER APPROPRIATE REENTRY PROGRAMS FOR
PERSONS WITH MENTAL HEALTH DISORDERS OR CO-OCCURRING
BEHAVIORAL HEALTH DISORDERS WHILE HOMELESS OR PRIOR TO AND
AFTER RELEASE FROM INCARCERATION OR ADJUDICATION. THE PURPOSE
OF THE PROGRAMS IS TO ASSIST INDIVIDUALS WITH REENTRY INTO
SOCIETY BASED UPON THE ASSESSED NEED AND SUITABILITY OF
INDIVIDUALS FOR SUCH SERVICES. THE UNIT SHALL DESIGN EACH
REENTRY PROGRAM TO REDUCE THE POSSIBILITY OF EACH INDIVIDUAL
RETURNING TO THE DEPARTMENT OF CORRECTIONS, THE DIVISION OF
YOUTH CORRECTIONS IN THE DEPARTMENT OF HUMAN SERVICES, OR A
COUNTY JAIL, TO ASSIST EACH INDIVIDUAL IN REHABILITATION, AND TO
PROVIDE EACH INDIVIDUAL WITH LIFE MANAGEMENT SKILLS THAT ALLOW
HIM OR HER TO FUNCTION SUCCESSFULLY IN SOCIETY.
(3) SUBJECT TO APPROPRIATIONS, THE UNIT, IN CONJUNCTION
WITH THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS,
SHALL DEVELOP AND IMPLEMENT INITIATIVES SPECIFICALLY DESIGNED TO
ASSIST EACH INDIVIDUAL'S TRANSITION FROM THE DEPARTMENT OF
CORRECTIONS, THE DIVISION OF YOUTH CORRECTIONS IN THE
DEPARTMENT OF HUMAN SERVICES, OR A COUNTY JAIL INTO THE
COMMUNITY. AN INITIATIVE DEVELOPED AND IMPLEMENTED PURSUANT
TO THIS SUBSECTION (3) MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE
FOLLOWING COMPONENTS:
(a) HOUSING VOUCHERS;
(b) ACQUISITION, CONSTRUCTION, OR REHABILITATION OF RENTAL
HOUSING;
(c) SUPPORTIVE EMPLOYMENT SERVICES;
(d) MEDICAID ENROLLMENT SERVICES;
(e) MENTAL HEALTH TREATMENT SERVICES INCLUDING
PSYCHIATRIC AND COUNSELING SERVICES;
(f) CASE MANAGEMENT SERVICES;
(g) MEDICATION MONITORING;
(h) PEER SPECIALIST SUPPORT; AND
(i) POSITIVE RECREATIONAL ACTIVITIES.
SECTION 4. In Colorado Revised Statutes, 17-27-108, amend
(5); and add (7) as follows:
17-27-108. Division of criminal justice of the department of
public safety - duties - community corrections contracts. (5) The
division of criminal justice is authorized to transfer up to ten percent of
annual appropriations among or between line items for community
corrections program services OR THE REENTRY INITIATIVE DESCRIBED IN
SECTION 27-70-101 (3). Advance notice of such transfers shall MUST be
provided to the general assembly, the governor, the executive director of
the department of corrections, and the chief justice of the supreme court.
(7) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ON AND
AFTER JULY 1, 2016, ANY MONEY APPROPRIATED FROM THE GENERAL
FUND TO THE DIVISION OF CRIMINAL JUSTICE FOR THE PURPOSES OF THIS
ARTICLE 27 THAT IS UNEXPENDED OR UNENCUMBERED AS OF THE CLOSE
OF THAT FISCAL YEAR SHALL NOT REVERT TO THE GENERAL FUND, AND
THE STATE TREASURER AND THE CONTROLLER SHALL TRANSFER SUCH
MONEY TO THE HOUSING ASSISTANCE FOR PERSONS TRANSITIONING FROM
THE CRIMINAL OR JUVENILE JUSTICE SYSTEM CASH FUND CREATED
PURSUANT TO SECTION 24-32-723.5 (4).
SECTION 5. In Colorado Revised Statutes, 39-28.8-501, amend
(2)(b)(IV)(K) and (2)(b)(IV)(L); and add (2)(b)(IV)(M) as follows:
39-28.8-501. Marijuana tax cash fund - creation - distribution
- legislative declaration. (2) (b) (IV) Subject to the limitation in
subsection (5) of this section, the general assembly may annually
appropriate any money in the fund for any fiscal year following the fiscal
year in which they were received by the state for the following purposes:
(K) Grants to local governments for documented retail marijuana
impacts through the local government retail marijuana impact grant
program created in section 24-32-117; C.R.S.; and
(L) For the Colorado veterans' service-to-career pilot program
created in part 2 of article 14.3 of title 8; C.R.S. AND
(M) FOR HOUSING, RENTAL ASSISTANCE, AND REENTRY
ASSISTANCE PURSUANT TO SECTION 24-32-723.5.
SECTION 6. Appropriation. For the 2017-18 state fiscal year,
$4,000,000 is appropriated to the department of local affairs for use by
the division of housing. This appropriation is from the marijuana tax cash
fund established pursuant to section 39-28.8-501, C.R.S. To implement
this act, the division may use this appropriation to provide housing, rental
assistance, and reentry services to persons described in section
24-32-723.5, C.R.S.
SECTION 7. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".

Senate Journal, May 5
After consideration on the merits, the Committee recommends that SB17-021 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Judiciary Committee Report, dated March 15, 2017, page 3,
strike lines 2 and 3 and substitute "SUBJECT TO ANNUAL APPROPRIATION
BY THE GENERAL ASSEMBLY, THE DIVISION MAY EXPEND MONEY IN THE
CASH FUND FOR THE PURPOSES SET FORTH IN THIS SECTION. ALL
INTEREST".

Page 3 of the report, strike lines 8 through 41.

Page 4 of the report, strike lines 1 through 13.

Page 4 of the report, lines 14 and 15, strike "amend (5); and".

Page 4 of the report, strike lines 17 through 24 and substitute "public
safety - duties - community corrections contracts.
(7) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ON AND".

Renumber succeeding sections accordingly.

Page 5 of the report, strike lines 6 through 12.

Renumber succeeding section accordingly.

Page 1 of the printed bill, line 102, strike "SYSTEM, AND, IN
CONNECTION" and substitute "SYSTEM.".

Page 1 of the bill, strike line 103.


Appro-
priations

House Journal, May 9
17 SB17-021 be amended as follows, and as so amended, be referred to
18 the Committee on Appropriations with favorable
19 recommendation:
20
21 Amend reengrossed bill, page 3, line 15, strike "24-32-723.5" and
22 substitute "24-32-721 (4)".
23
24 Page 3, strike lines 17 through 19 and substitute:
25 "24-32-721. Colorado affordable housing construction grants
26 and loans - housing development grant fund - creation - housing
27 assistance for a person with a behavioral or mental health disorder
28 in the criminal or juvenile justice system - cash fund - definition.
29 (4)(a) AS USED IN THIS SUBSECTION (4), UNLESS THE".
30
31 Page 4, line 1, strike "(2)" and substitute "(b)".
32
33 Page 4, line 9, strike "(3)" and substitute "(c)".
34
35 Page 4, line 12, strike "(4)" and substitute "(d)".
36
37 Page 4, line 14, strike "SECTION" and substitute "SUBSECTION (4)".
38
39 Page 4, line 20, strike "SECTION." and substitute "SUBSECTION (4).".
40
721 41 Page 5, line 9, strike "24-32-723.5 (4)." and substitute "24-32-
42 (4)(d).".
43
44 Page 5, strike lines 22 through 23 and substitute:
45 "(M) FOR HOUSING, RENTAL ASSISTANCE, AND SUPPORTIVE
46 SERVICES, INCLUDING REENTRY SERVICES, PURSUANT TO SECTION 24-32-
47 721.".
48
49

House Journal, May 9
49 SB17-021 be amended as follows, and as so amended, be referred to
50 the Committee of the Whole with favorable
51 recommendation:
52
53 Amend reengrossed bill, page 4, line 2, strike "HOUSING," and substitute
54 "HOUSING AND SUBJECT TO AVAILABLE APPROPRIATIONS,".
55
56 Page 4, line 27, strike "contracts." and substitute "contracts - repeal.".
1 Page 5, line 1, after "(7)" insert "(a)" and strike "ON AND AFTER" and
2 substitute "FOR THE FISCAL YEAR COMMENCING".
3
4 Page 5, after line 9 insert:
5 "(b) THIS SUBSECTION (7) IS REPEALED, EFFECTIVE JULY 1, 2018.".
6
7



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-11


BILL SB17-032

Position: Support

Short Title: Prescription Drug Monitoring Program Access
Sponsors: M. Merrifield

Current law gives law enforcement officials and state regulatory boards access to the prescription drug monitoring program with a request that is accompanied by an official court order or subpoena. The bill changes this requirement to an official court order or warrant issued upon a showing of probable cause.


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



Status
1/11/2017 Introduced In Senate - Assigned to Judiciary
2/1/2017 Senate Committee on Judiciary Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-11


BILL SB17-033

Position: Support

Short Title: Delegate Dispensing Over-the-counter Medications
Sponsors: I. Aguilar / P. Lawrence

The bill allows a professional nurse to delegate to another person, after appropriate training, the dispensing authority of an over-the-counter medication to a minor with the signed consent of the minor's parent or guardian.


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



Status
1/11/2017 Introduced In Senate - Assigned to Health & Human Services + Business, Labor, & Technology
1/25/2017 Senate Committee on Health & Human Services Refer Amended to Business, Labor, & Technology
2/7/2017 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/9/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
2/10/2017 Senate Third Reading Passed - No Amendments
2/10/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/9/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
3/14/2017 House Second Reading Passed with Amendments - Committee
3/15/2017 House Third Reading Passed - No Amendments
3/16/2017 Senate Considered House Amendments - Result was to Concur - Repass
3/21/2017 Signed by the President of the Senate
3/23/2017 Sent to the Governor
3/23/2017 Signed by the Speaker of the House
3/30/2017 Governor Signed

Amendment

Senate Journal, January 25
After consideration on the merits, the Committee recommends that SB17-033 be amended
as follows, and as so amended, be referred to the Committee on Business, Labor, &
Technology with favorable recommendation.
Amend printed bill, page 2, line 10, strike "NURSE PRACTITIONER," and
substitute "ADVANCED PRACTICE NURSE,".

Page 2, line 17, strike "DELEGATE," insert "DELEGATE WITH WRITTEN
AUTHORIZATION, INCLUDING STANDING ORDERS, FROM THE HEALTH CARE
PROVIDER WITH PRESCRIPTIVE AUTHORITY".

House Journal, March 10
16 SB17-033 be amended as follows, and as so amended, be referred to
17 the Committee of the Whole with favorable
18 recommendation:
19
20 Amend the reengrossed bill, strike everything below the enacting clause
21 and substitute:
22 "SECTION 1. In Colorado Revised Statutes, add 12-38-132.3 as
23 follows:
24 12-38-132.3. School nurses - over-the-counter medication.
25 (1) THIS PART 1 DOES NOT PROHIBIT A PERSON WHO HAS BEEN
26 APPROPRIATELY TRAINED FROM DISPENSING AN OVER-THE-COUNTER
27 MEDICATION TO A MINOR AS LONG AS THE PERSON HAS WRITTEN
28 INSTRUCTIONS FROM THE MINOR'S PARENT OR GUARDIAN AND THERE IS A
29 PHYSICIAN'S STANDING MEDICAL ORDER.
30 (2) THIS SECTION IS NOT INTENDED TO AFFECT THE AUTHORITY OF
31 A PROFESSIONAL NURSE TO DELEGATE NURSING TASKS.
32 SECTION 2. Act subject to petition - effective date. This act
33 takes effect at 12:01 a.m. on the day following the expiration of the
34 ninety-day period after final adjournment of the general assembly (August
35 9, 2017, if adjournment sine die is on May 10, 2017); except that, if a
36 referendum petition is filed pursuant to section 1 (3) of article V of the
37 state constitution against this act or an item, section, or part of this act
38 within such period, then the act, item, section, or part will not take effect
39 unless approved by the people at the general election to be held in
40 November 2018 and, in such case, will take effect on the date of the
41 official declaration of the vote thereon by the governor.".
42
43



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-11


BILL SB17-064

Position: Oppose

Short Title: License Freestanding Emergency Departments
Sponsors: J. Kefalas / S. Lontine

The bill creates a new license, referred to as a 'freestanding emergency department license', for the department of public health and environment to issue on or after July 1, 2019, to a health facility that provides emergency and urgent care and is either independent from and not affiliated with or located in a hospital or is operated by a hospital at a location off the hospital's main campus. The state board of health is to adopt rules regarding the new license, including rules to set licensure requirements and fees, safety and care standards, staffing requirements, fee transparency requirements, and other areas related to the operation of freestanding emergency departments. To qualify for a license, a facility must provide claims and billing data to health insurers and must be able to triage patients to determine the level of care they require.

Starting on the date the bill takes effect through June 30, 2019, the department is prohibited from issuing a new license to a person to operate a freestanding health facility that provides emergency care, whether independent from or operated by a hospital, unless the facility will serve an area of the state that has limited access to emergency care.

Additionally, the bill requires a health facility that is operating as a freestanding emergency department under current law to:



Status
1/13/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
2/8/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-13


BILL SB17-065

Position: Monitor

Short Title: Transparency In Direct Pay Health Care Prices
Sponsors: K. Lundberg / S. Lontine

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
1/13/2017 Introduced In Senate - Assigned to Health & Human Services
1/26/2017 Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
1/31/2017 Senate Second Reading Laid Over to 02/03/2017 - No Amendments
2/3/2017 Senate Second Reading Passed with Amendments - Committee, Floor
2/6/2017 Senate Third Reading Laid Over Daily - No Amendments
2/10/2017 Senate Third Reading Passed - No Amendments
2/15/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/16/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
3/21/2017 House Second Reading Laid Over Daily - No Amendments
3/22/2017 House Second Reading Passed with Amendments - Committee, Floor
3/23/2017 House Third Reading Laid Over Daily - No Amendments
3/24/2017 House Third Reading Passed - No Amendments
3/28/2017 Senate Considered House Amendments - Result was to Concur - Repass
4/4/2017 Sent to the Governor
4/4/2017 Signed by the Speaker of the House
4/4/2017 Signed by the President of the Senate
4/6/2017 Governor Signed

Amendment

Senate Journal, January 27
After consideration on the merits, the Committee recommends that SB17-065 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 4, line 17, after "(a)" insert "(I)".

Page 4, after line 26 insert:

"(II) A HEALTH CARE PROVIDER WHO IS A MEMBER OF A
PROFESSIONAL CORPORATION THAT CONTRACTS WITH A SINGLE HEALTH
MAINTENANCE ORGANIZATION, AS DEFINED IN SECTION 10-16-102 (35),
COMPLIES WITH THIS SECTION IF THE PROFESSIONAL CORPORATION OR ITS
CONTRACTING HEALTH MAINTENANCE ORGANIZATION POSTS, EITHER
ELECTRONICALLY OR ON ITS WEBSITE, THE HEALTH CARE PRICES FOR AT
LEAST THE FIFTEEN MOST COMMON HEALTH CARE SERVICES THAT THE
HEALTH CARE PROVIDER OR HEALTH MAINTENANCE ORGANIZATION
WOULD CHARGE INDIVIDUALS WHO ARE NOT MEMBERS OF THE HEALTH
MAINTENANCE ORGANIZATION.".

Page 6, strike lines 2 through 5 and substitute:

"(b) IF A HEALTH CARE FACILITY DID NOT USE FIFTY CODES FOR
IN-PATIENT HEALTH CARE SERVICES AT LEAST ELEVEN TIMES IN THE
PREVIOUS TWELVE MONTHS OR DID NOT USE TWENTY-FIVE CODES FOR
OUT-PATIENT HEALTH CARE SERVICES AT LEAST ELEVEN TIMES IN THE
PREVIOUS TWELVE MONTHS, THE HEALTH CARE FACILITY SHALL MAKE
AVAILABLE THE HEALTH CARE PRICE FOR ONLY THOSE MOST COMMON
IN-PATIENT AND OUT-PATIENT HEALTH CARE SERVICES OR PROCEDURE
CODES THAT THE HEALTH CARE FACILITY USED AT LEAST ELEVEN TIMES
IN THE PREVIOUS TWELVE MONTHS.".

Health &
Human
Services

Senate Journal, February 3
SB17-065 by Senator(s) Lundberg, Aguilar; --Concerning a requirement that health care providers
disclose the charges they impose for common health care services when payment is made
directly rather than by a third party.

Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, January 27, page 82 and placed in members' bill files.)


Amendment No. 2(L.003), by Senator Aguilar.

Amend printed bill, page 5, line 9, strike "INCLUDE A" and substitute
"INCLUDE:
(a) A".

Page 5, line 13, strike "RENDERED." and substitute "RENDERED; AND
(b) THE FOLLOWING STATEMENT OR A STATEMENT CONTAINING
SUBSTANTIALLY SIMILAR INFORMATION:
IF YOU ARE COVERED BY HEALTH INSURANCE, YOU ARE
STRONGLY ENCOURAGED TO CONSULT WITH YOUR HEALTH
INSURER TO DETERMINE ACCURATE INFORMATION ABOUT
YOUR FINANCIAL RESPONSIBILITY FOR A PARTICULAR
HEALTH CARE SERVICE PROVIDED BY A HEALTH CARE
PROVIDER AT THIS OFFICE. IF YOU ARE NOT COVERED BY
HEALTH INSURANCE, YOU ARE STRONGLY ENCOURAGED TO
CONTACT OUR BILLING OFFICE AT (INSERT TELEPHONE
NUMBER) TO DISCUSS PAYMENT OPTIONS PRIOR TO
RECEIVING A HEALTH CARE SERVICE FROM A HEALTH CARE
PROVIDER AT THIS OFFICE SINCE POSTED HEALTH CARE
PRICES MAY NOT REFLECT THE ACTUAL AMOUNT OF YOUR
FINANCIAL RESPONSIBILITY.".

Page 6, line 12, strike "INCLUDE A" and substitute "INCLUDE:
(a) A".
Page 6, line 16, strike "RENDERED." and substitute "RENDERED; AND
(b) THE FOLLOWING STATEMENT OR A STATEMENT CONTAINING
SUBSTANTIALLY SIMILAR INFORMATION:
IF YOU ARE COVERED BY HEALTH INSURANCE, YOU ARE
STRONGLY ENCOURAGED TO CONSULT WITH YOUR HEALTH
INSURER TO DETERMINE ACCURATE INFORMATION ABOUT
YOUR FINANCIAL RESPONSIBILITY FOR A PARTICULAR
HEALTH CARE SERVICE PROVIDED AT THIS HEALTH CARE
FACILITY. IF YOU ARE NOT COVERED BY HEALTH
INSURANCE, YOU ARE STRONGLY ENCOURAGED TO
CONTACT (INSERT OFFICE NAME AND TELEPHONE NUMBER)
TO DISCUSS PAYMENT OPTIONS PRIOR TO RECEIVING A
HEALTH CARE SERVICE FROM THIS HEALTH CARE FACILITY
SINCE POSTED HEALTH CARE PRICES MAY NOT REFLECT THE
ACTUAL AMOUNT OF YOUR FINANCIAL RESPONSIBILITY.".

Amendment No. 3(L.004), by Senator Lundberg.

Amend printed bill, page 4, strike line 3 and substitute "SERVICES THAT
IS NOT RESPONSIBLE FOR PAYING THE CHARGES FOR THE HEALTH CARE
SERVICES PROVIDED TO THE RECIPIENT;".

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


House Journal, March 17
44 SB17-065 be amended as follows, and as so amended, be referred to
45 the Committee of the Whole with favorable
46 recommendation:
47
48 Amend reengrossed bill, page 2, strike line 18 and substitute "NURSING
49 CARE FACILITY, ASSISTED LIVING RESIDENCE, OR HOME CARE AGENCY.".
50
51 Page 3, line 4, after "TREATMENT." add "THE HEALTH CARE PRICE FOR A
52 SPECIFIC HEALTH CARE SERVICE MAY BE DETERMINED FROM ANY OF THE
53 FOLLOWING:
54 (I) THE PRICE CHARGED MOST FREQUENTLY FOR THE HEALTH CARE
55 SERVICE DURING THE PREVIOUS TWELVE MONTHS;
56
1 (II) THE HIGHEST CHARGE FROM THE LOWEST HALF OF ALL
2 CHARGES FOR THE HEALTH CARE SERVICE DURING THE PREVIOUS TWELVE
3 MONTHS; OR
4 (III) A RANGE THAT INCLUDES THE MIDDLE FIFTY PERCENT OF ALL
5 CHARGES FOR THE HEALTH CARE SERVICE DURING THE PREVIOUS TWELVE
6 MONTHS.".
7
8 Page 3, strike line 11 and substitute "SERVICES OR A MEDICAL GROUP,
9 INDEPENDENT PRACTICE ASSOCIATION, OR PROFESSIONAL CORPORATION
10 PROVIDING HEALTH CARE SERVICES.".
11
12 Page 4, line 18, strike "A" and substitute "EXCEPT AS PROVIDED IN
13 SUBSECTION (1)(a)(II) OR (1)(a)(III) OF THIS SECTION, A".
14
15 Page 4, line 20, after "OR" insert "BY POSTING CONSPICUOUSLY".
16
17 Page 4, after line 27 insert:
18
19 "(II) A HEALTH CARE PROVIDER PRACTICING IN A SOLO PRACTICE
20 OR IN A MEDICAL GROUP, INDEPENDENT PRACTICE ASSOCIATION, OR
21 PROFESSIONAL CORPORATION COMPRISED OF NOT MORE THAN SIX
22 INDIVIDUAL HEALTH CARE PROVIDERS WITH THE SAME LICENSE TYPE MAY
23 COMPLY WITH THE REQUIREMENTS OF THIS SECTION BY MAKING THE
24 HEALTH CARE PRICES DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS SECTION
25 AVAILABLE IN PATIENT WAITING AREAS.".
26
27 Renumber succeeding subparagraph accordingly.
28
29 Page 5, line 5, strike "POSTS," and substitute "MAKES AVAILABLE TO THE
30 PUBLIC, IN A SINGLE DOCUMENT,".
31
32 Page 5, line 6, after "OR" insert "BY POSTING CONSPICUOUSLY".
33
34 Page 6, line 15, after "OR" insert "BY POSTING CONSPICUOUSLY".
35
36 Page 8, line 16, strike "25-3-112." and substitute "25-3-112, OR FOR
37 APPLICATIONS FOR HEALTH CARE PROFESSIONAL LOAN REPAYMENT
38 SUBMITTED PURSUANT TO SECTION 25-1.5-503.".
39
40

House Journal, March 22
28 Amendment No. 1, Health, Insurance, & Environment Report, dated
29 March 16, 2017, and placed in member's bill file; Report also printed in
30 House Journal, March 17, 2017.
31
32 Amendment No. 2, by Representative(s) Lontine.
33
34 Amend reengrossed bill, page 9, line 3, after "49." add "THE HEALTH
35 CARE PRICE FOR A GIVEN HEALTH CARE SERVICE THAT A HEALTH CARE
36 PROVIDER OR HEALTH CARE FACILITY MAKES AVAILABLE TO THE PUBLIC
37 PURSUANT TO THIS ARTICLE 49 SHALL NOT BE USED AS THE BASIS FOR
38 DETERMINING PAYMENT RATES FROM A PUBLIC OR PRIVATE THIRD PARTY
39 FOR THAT HEALTH CARE SERVICE.".
40
41 Amendment No. 3, by Representative(s) Lontine.
42
43 Amend reengrossed bill, page 6, after line 12 insert:
44
45 "(3) A HOSPITAL-BASED HEALTH CARE PROVIDER THAT IS NOT AN
46 EMPLOYEE OF THE HOSPITAL WHERE THE SERVICES ARE BEING DELIVERED
47 IS NOT REQUIRED TO PROVIDE HEALTH CARE PRICES IN THE MANNER
48 SPECIFIED IN THIS SECTION FOR THE HEALTH CARE SERVICES THE HEALTH
49 CARE PROVIDER RENDERS IN THE HOSPITAL SETTING.
50 (4) NOTHING IN THIS SECTION PRECLUDES A HEALTH CARE
51 PROVIDER FROM INFORMING A CURRENT OR POTENTIAL PATIENT, UPON
52 REQUEST OF THE PATIENT, OF THE HEALTH CARE PRICE FOR A HEALTH CARE
53 SERVICE THAT THE HEALTH CARE PROVIDER RENDERS.".
54
55 As amended, ordered revised and placed on the Calendar for Third
56 Reading and Final Passage.



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-13


BILL SB17-074

Position: Support

Short Title: Create Medication-assisted Treatment Pilot Program
Sponsors: L. Garcia / D. Esgar

The bill creates the medication-assisted treatment (MAT) expansion pilot program, administered by the university of Colorado college of nursing, to expand access to medication-assisted treatment to opioid-dependent patients in Pueblo and Routt counties. The pilot program will provide grants to community- and office-based practices, behavioral health organizations, and substance abuse treatment organizations to:

The general assembly is directed to appropriate $500,000 per year for the 2017-18 and 2018-19 fiscal years from the marijuana tax cash fund to the university of Colorado board of regents, for allocation to the college of nursing to implement the pilot program.

Each grant recipient must submit a report to the college of nursing regarding the use of the grant, and the college of nursing must submit a summarized report to the governor and the health committees of the senate and house of representatives regarding the pilot program.

The pilot program is established and funded for 2 years and repeals on June 30, 2020.


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



Status
1/13/2017 Introduced In Senate - Assigned to Health & Human Services
2/8/2017 Senate Committee on Health & Human Services Refer Amended to Appropriations
3/14/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
3/17/2017 Senate Second Reading Laid Over Daily - No Amendments
3/21/2017 Senate Second Reading Passed with Amendments - Committee, Floor
3/22/2017 Senate Third Reading Passed - No Amendments
3/23/2017 Introduced In House - Assigned to Public Health Care & Human Services
4/11/2017 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
5/2/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/2/2017 House Second Reading Special Order - Passed with Amendments - Committee
5/3/2017 House Third Reading Passed - No Amendments
5/4/2017 Senate Considered House Amendments - Result was to Laid Over Daily
5/5/2017 Senate Considered House Amendments - Result was to Concur - Repass
5/18/2017 Signed by the President of the Senate
5/19/2017 Sent to the Governor
5/19/2017 Signed by the Speaker of the House
5/22/2017 Governor Signed

Amendment

Senate Journal, February 9
After consideration on the merits, the Committee recommends that SB17-074 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 4, line 27, strike "BUPRENORPHINE," and
substitute "BUPRENORPHINE AND ALL OTHER MEDICATIONS AND
THERAPIES APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION,".

Page 5, line 20, strike "SPECIFICALLY, BUPRENORPHINE MEDICATIONS,"
and substitute "SUCH AS BUPRENORPHINE AND ALL OTHER MEDICATIONS
AND THERAPIES,".

Page 6, lines 3 and 4, strike "AND TO WHOM A LICENSED PHYSICIAN
DELEGATES" and substitute "WHO IS AUTHORIZED, IN ACCORDANCE WITH
SECTION 12-36-106 (5), TO PERFORM".

Page 6, strike lines 5 and 6 and substitute "INCLUDING PRESCRIBING
CONTROLLED SUBSTANCES.".

Page 6, line 27, after "BUPRENORPHINE" insert "AND ALL OTHER
MEDICATIONS AND THERAPIES APPROVED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION".

Page 7, line 18, strike "MEDICATION" and substitute "AND ALL OTHER
MEDICATIONS AND THERAPIES APPROVED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION".
Page 9, line 10, strike "AND".

Page 9, after line 10 insert:

"(V) THE COLORADO ACADEMY OF PHYSICIAN ASSISTANTS;
AND".

Renumber succeeding subparagraph accordingly.

Page 10, line 14, strike "OPIATE-DEPENDENT" and substitute
"OPIOID-DEPENDENT".

Page 11, line 22, strike "BUPRENORPHINE;" and substitute
"BUPRENORPHINE AND ALL OTHER MEDICATIONS AND THERAPIES
APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION TO TREAT
OPIOID USE DISORDER;".

Strike "OPIATE" and substitute "OPIOID" on: Page 3, lines 18 and 19;
Page 4, lines 16 and 27; Page 5, line 3; Page 7, lines 2, 5, 19, and 21;
and Page 12, line 4.

Strike "OPIATE-RELATED" and substitute "OPIOID-RELATED" on: Page 3,
lines 20 and 26.


Health &
Human
Services

Senate Journal, March 15
After consideration on the merits, the Committee recommends that SB17-074 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 14, after line 4 insert:

"SECTION 2. Appropriation. For the 2017-18 state fiscal year,
$500,000 is appropriated to the department of higher education for use
by the regents of the university of Colorado. This appropriation is from
the marijuana tax cash fund created in section 39-28.8-501 (1), C.R.S. To
implement this act, the regents may use this appropriation for allocation
to the college of nursing for the medication assisted treatment expansion
pilot program.".

Renumber succeeding section accordingly.

Page 1, line 104, strike "TREATMENT." and substitute "TREATMENT,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Senate Journal, March 21
SB17-074 by Senator(s) Garcia, Jahn, Todd; also Representative(s) Esgar--Concerning the creation of
a pilot program in certain areas of the state experiencing high levels of opioid addiction to
award grants to increase access to addiction treatment.

Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, February 9, page(s) 161-162 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 15, page 432 and placed in members' bill files.)

Amendment No. 3(L.009), by Senator Aguilar.

Amend the Health and Human Services Committee Report, dated February 8, 2017, page
1, strike line 11 and substitute "CONTROLLED SUBSTANCES, AND WHO IS UNDER THE
SUPERVISION OF A PHYSICIAN TRAINED IN MAT.".".

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


House Journal, April 12
40 SB17-074 be amended as follows, and as so amended, be referred to
41 the Committee on Appropriations with favorable
42 recommendation:
43
44 Amend reengrossed bill, page 7, line 22, after "PILOT" insert "PROGRAM".
45
46 Page 8, line 3, after "PILOT" insert "PROGRAM".
47
48 Page 9, line 25, after "PILOT" insert "PROGRAM".
49
50 Page 10, line 21, after "PILOT" insert "PROGRAM".
51
52



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-13


BILL SB17-084

Position: Support

Short Title: Coverage For Drugs In A Health Coverage Plan
Sponsors: C. Jahn / D. Esgar | J. Singer

The bill prohibits a health insurance carrier from excluding or limiting a drug for an enrollee in a health coverage plan if the drug was covered at the time the enrollee enrolled in the plan. A carrier may not raise the costs to the enrollee for the drug during the enrollee's plan year.


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



Status
1/18/2017 Introduced In Senate - Assigned to Health & Human Services
2/9/2017 Senate Committee on Health & Human Services Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-18


BILL SB17-088

Position: Support

Short Title: Participating Provider Network Selection Criteria
Sponsors: C. Holbert | A. Williams / K. Van Winkle | E. Hooton

The bill requires a health insurer (carrier) to develop and use standards for:

A carrier cannot establish selection and tiering criteria in a manner that would allow a carrier to discriminate against high-risk populations or exclude providers that treat high-risk populations.

A carrier must make its standards for selecting and tiering available to the commissioner of insurance for review, communicate the standards to providers participating in one or more of the carrier's networks, and make the standards available, in plain language, to the public. Additionally, upon request but not more often than quarterly, a carrier is required to provide a provider who is participating in one or more of its networks with a complete list of all network plans and products the carrier offers to consumers.

At least 60 days before implementing a decision to terminate or place a participating provider in a tiered network, a carrier must notify the affected provider in writing of the pending action, including an explanation of the reasons for the proposed action, and inform the provider of the right to request that the carrier reconsider its decision. The bill requires the carrier to develop procedures for providers to request reconsideration and sets forth minimum requirements for, components of, and deadlines for the procedures.

When a carrier does not select a provider to participate in the carrier's provider network, the carrier shall provide written notice to the provider.

If the commissioner determines that a carrier has failed to comply with a requirement of the bill, the commissioner shall require the carrier to follow a corrective plan and may use enforcement powers available under the insurance laws to obtain compliance.

The bill appropriates $42,006 to the department of regulatory agencies for use by the division of insurance to implement the bill, with $36,828 allocated for personal services and $5,178 allocated for operating expenses and capital outlay costs.


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



Status
1/18/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/13/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
2/28/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
3/2/2017 Senate Second Reading Laid Over to 03/10/2017 - No Amendments
3/10/2017 Senate Second Reading Passed with Amendments - Committee, Floor
3/13/2017 Senate Third Reading Passed - No Amendments
3/15/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/30/2017 House Committee on Health, Insurance, & Environment Refer Unamended to House Committee of the Whole
4/3/2017 House Second Reading Passed - No Amendments
4/4/2017 House Third Reading Passed - No Amendments
4/12/2017 Signed by the President of the Senate
4/13/2017 Sent to the Governor
4/13/2017 Signed by the Speaker of the House
4/18/2017 Governor Signed

Amendment

Senate Journal, February 14
After consideration on the merits, the Committee recommends that SB17-088 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, line 26, before "TERMINATE" insert
"NONRENEW A PROVIDER'S CONTRACT OR".

Page 4, strike lines 21 through 27 and substitute:

"(f) "TIERED NETWORK" MEANS A NETWORK THAT IDENTIFIES AND
ASSIGNS SOME OR ALL TYPES OF PROVIDERS AND FACILITIES TO SPECIFIC
GROUPS TO WHICH DIFFERENT PROVIDER REIMBURSEMENT, COVERED
PERSON COST-SHARING, OR PROVIDER ACCESS REQUIREMENTS, OR ANY
COMBINATION OF REIMBURSEMENT, COST-SHARING, OR ACCESS
REQUIREMENTS, APPLY FOR THE SAME SERVICES.".

Page 6, line 5, before "UTILIZE" insert "SOLELY".

Page 7, line 15, strike "FORTY-FIVE" and substitute "SIXTY".

Page 10, line 5, strike "OR".

Page 10, line 8, strike "CARRIER." and substitute "CARRIER; OR
(c) REQUIRE A CARRIER, ITS INTERMEDIARIES, OR THE PROVIDER
NETWORKS WITH WHICH A CARRIER OR INTERMEDIARY CONTRACTS TO
CONTRACT WITH OR RETAIN MORE PROVIDERS ACTING WITHIN THEIR
SCOPE OF PRACTICE AUTHORIZED UNDER APPLICABLE STATE LAW THAN
ARE NECESSARY FOR THE CARRIER TO MAINTAIN A SUFFICIENT PROVIDER
NETWORK.".


Business,
Labor, &
Technology

Senate Journal, February 28
After consideration on the merits, the Committee recommends that SB17-088 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 10, after line 25 insert:

"SECTION 3. Appropriation. For the 2017-18 state fiscal year,
$42,006 is appropriated to the department of regulatory agencies for use
by the division of insurance. This appropriation is from the division of
insurance cash fund created in section 10-1-103 (3), C.R.S. To
implement this act, the division may use this appropriation as follows:
(a) $36,828 for personal services, which is based on an assumption that
the division will require an additional 0.5 FTE; and
(b) $5,178 for operating expenses and capital outlay costs.".

Renumber succeeding section accordingly.

Page 1, line 103, strike "PROVIDERS." and substitute "PROVIDERS, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-18


BILL SB17-106

Position: Support

Short Title: Sunset Registration Of Naturopathic Doctors
Sponsors: D. Coram | I. Aguilar / J. Singer

Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of naturopathic doctors, with modifications, as follows:

Additionally, section 4 of the bill specifies that a naturopathic doctor registered under the 'Naturopathic Doctor Act' may use the titles 'registered naturopathic doctor' or 'registered doctor of naturopathy' or the abbreviation 'R.N.D.'.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
1/27/2017 Introduced In Senate - Assigned to Health & Human Services
2/9/2017 Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
2/14/2017 Senate Second Reading Laid Over to 02/17/2017 - No Amendments
2/17/2017 Senate Second Reading Laid Over Daily - No Amendments
2/22/2017 Senate Second Reading Passed with Amendments - Committee, Floor
2/23/2017 Senate Third Reading Passed - No Amendments
2/27/2017 Introduced In House - Assigned to Public Health Care & Human Services
3/14/2017 House Committee on Public Health Care & Human Services Refer Amended to House Committee of the Whole
3/17/2017 House Second Reading Laid Over to 03/20/2017 - No Amendments
3/20/2017 House Second Reading Laid Over Daily - No Amendments
3/21/2017 House Second Reading Laid Over to 03/23/2017 - No Amendments
3/23/2017 House Second Reading Passed with Amendments - Committee, Floor
3/24/2017 House Third Reading Passed - No Amendments
3/29/2017 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee
4/13/2017 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
4/19/2017 Senate Consideration of First Conference Committee Report result was to Adhere - CCR produced
4/19/2017 Senate Consideration of First Conference Committee Report result was to Other
5/2/2017 House Considered Senate Adherence - Result was to Recede
5/18/2017 Sent to the Governor
5/18/2017 Signed by the Speaker of the House
5/18/2017 Signed by the President of the Senate
6/2/2017 Governor Signed

Amendment

Senate Journal, February 10
After consideration on the merits, the Committee recommends that SB17-106 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 2, line 3, strike "(23)(a)(VIII)" and substitute
"(19)(a)(XII)".

Page 2, line 11, strike "(23)" and substitute "(19)".

Page 2, line 12, strike "2022:" and substitute "2020:".

Page 2, line 13, strike "(VIII)" and substitute "(XII)".

Page 3, line 4, strike "2022." and substitute "2020.".

Page 3, strike lines 19 and 20 and substitute "IS AUTHORIZED UNDER THIS
ARTICLE 37.3.".


Health &
Human
Services

Senate Journal, February 22
SB17-106 by Senator(s) Aguilar and Coram, Kefalas; also Representative(s) Singer--Concerning the
continuation of the regulation of naturopathic doctors by the director of the division of
professions and occupations in the department of regulatory agencies, and, in connection
therewith, implementing the department's sunset review recommendations.

Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, February 10, page 172 and placed in members' bill files.)

Amendment No. 2(L.007), by Senator Aguilar.

Amend the Health and Human Services Committee Report, dated
February 9, 2017, page 1, line 1, after "line 3," insert "strike "(23)(a)
introductory" and substitute "(19)(a) introductory" and".


Amendment No. 3(L.009), by Senators Marble and Neville T.

Amend printed bill, page 3, before line 21 insert:

"SECTION 4. In Colorado Revised Statutes, 12-37.3-110,
amend (2) as follows:
12-37.3-110. Persons entitled to practice as naturopathic
doctors - title protection for naturopathic doctors. (2) A naturopathic
doctor may use the title "naturopathic "REGISTERED NATUROPATHIC
doctor", or "doctor "REGISTERED DOCTOR of naturopathy", or the initials
"N.D." "R.N.D."".

Renumber succeeding sections accordingly.

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


House Journal, March 15
27 SB17-106 be amended as follows, and as so amended, be referred to
28 the Committee of the Whole with favorable
29 recommendation:
30
31 Amend reengrossed bill, page 2, line 3, strike "(19)(a) introductory" and
32 substitute "(23)(a) introductory" and strike "(19)(a)(XII)" and substitute
33 "(23)(a)(VIII)".
34
35 Page 2, line 11, strike "(19)" and substitute "(23)".
36
37 Page 2, line 12, strike "2020:" and substitute "2022:".
38
39 Page 2, line 13, strike "(XII)" and substitute "(VIII)".
40
41 Page 3, line 4, strike "2020." and substitute "2022.".
42
43 Page 3, strike lines 20 through 26 and substitute:
44 "SECTION 4. In Colorado Revised Statutes, 12-37.3-105, amend
45 (1)(c)(I)(D), (1)(c)(I)(E), and (1)(c)(I)(F); and add (1)(c)(I)(G) as
46 follows:
47 12-37.3-105. Practice of naturopathic medicine by
48 naturopathic doctors - exclusions - protected activities - rules.
49 (1) The practice of naturopathic medicine by a naturopathic doctor
50 includes the following:
51 (c) (I) Obtaining, dispensing, administering, ordering, or
52 prescribing, as specified, medicines listed in the naturopathic formulary,
53 which includes:
54 (D) Obtaining and administering vitamins, INCLUDING B6 and
55 B12; MINERALS; AMINO ACIDS; AND CHELATING AGENTS;
2017 Page 522 House Journal--64th Day--March 15,
1 (E) Obtaining, administering, or dispensing substances that are
2 regulated by the federal food and drug administration but that do not
3 require a prescription order to be dispensed; and
4 (F) Obtaining and administering vaccines, in accordance with the
5 ACIP guidelines, for patients who are at least eighteen years of age; AND
6 (G) OBTAINING, ADMINISTERING, DISPENSING, AND PRESCRIBING
7 HORMONES, EXCLUDING TESTOSTERONE AND HUMAN GROWTH HORMONES,
8 WITHIN THE SCOPE OF NATUROPATHIC MEDICINE AS DEFINED IN SECTION
9 12-37.3-102 (12).".

House Journal, March 23
1 Amendment No. 1, Public Health Care & Human Services Report, dated
2 March 14, 2017, and placed in member's bill file; Report also printed in
3 House Journal, March 15, 2017.
4
5 Amendment No. 2, by Representative(s) Singer.
6
7 Amend the Public Health Care and Human Services Committee Report,
8 dated March 14, 2017, page 1, line 10, after "(1)(c)(I)(G)" insert "and
9 (1)(c)(III)".
10
11 Page 2, strike line 2 and substitute "B12; MINERALS; AND AMINO ACIDS;".
12
13 Page 2, strike line 9 and substitute "HORMONES, SUBJECT TO THE
14 REQUIREMENTS OF SUBSECTION (1)(c)(III) OF THIS SECTION AND".
15
16 Page 2, strike line 11 and substitute "12-37.3-102 (12).
17 (III) (A) A NATUROPATHIC DOCTOR MAY OBTAIN, ADMINISTER,
18 DISPENSE, AND PRESCRIBE HORMONES PURSUANT TO SUBSECTION
19 (1)(c)(I)(G) OF THIS SECTION ONLY IF THE NATUROPATHIC DOCTOR EITHER
20 DEVELOPS, EXECUTES, AND SIGNS A COLLABORATIVE AGREEMENT WITH A
21 COLORADO-LICENSED PRIMARY CARE PHYSICIAN OR AN ADVANCED
22 PRACTICE NURSE WITH PRESCRIPTIVE AUTHORITY OUTLINING THE PROCESS
23 FOR ESTABLISHING AN INITIAL HORMONE TREATMENT PLAN FOR PATIENTS
24 OR DEVELOPS A PROCESS WITH A COLORADO-LICENSED PRIMARY CARE
25 PHYSICIAN OR AN ADVANCED PRACTICE NURSE WITH PRESCRIPTIVE
26 AUTHORITY FOR CONSULTING AND REFERRING A PATIENT FOR PURPOSES OF
27 ESTABLISHING AN INITIAL HORMONE TREATMENT PLAN.
28 (B) NOTHING IN THIS SUBSECTION (1)(c)(III): LIMITS THE ABILITY
29 OF A NATUROPATHIC DOCTOR TO MAKE AN INDEPENDENT JUDGMENT;
30 REQUIRES SUPERVISION BY A LICENSED PHYSICIAN OR ADVANCED
31 PRACTICE NURSE; PRECLUDES THE USE OF PROFESSIONAL JUDGMENT OR
32 VARIATION ACCORDING TO THE NEEDS OF THE PATIENT; IMPOSES LIABILITY
33 ON A LICENSED PHYSICIAN OR ADVANCED PRACTICE NURSE, IN
34 DEVELOPING OR SIGNING A COLLABORATIVE AGREEMENT, FOR THE
35 ACTIONS OF THE NATUROPATHIC DOCTOR IN TREATING A PATIENT WITH
36 HORMONES; IMPOSES LIABILITY ON A NATUROPATHIC DOCTOR, IN
37 DEVELOPING OR SIGNING A COLLABORATIVE AGREEMENT, FOR THE
38 ACTIONS OF THE LICENSED PHYSICIAN OR ADVANCED PRACTICE NURSE IN
39 CONSULTING REGARDING THE TREATMENT OF A PATIENT WITH HORMONES;
40 OR REQUIRES THE NATUROPATHIC DOCTOR AND LICENSED PHYSICIAN OR
41 ADVANCED PRACTICE NURSE TO BE PRACTICING IN THE SAME COMMUNITY
42 OR IN CLOSE PROXIMITY TO EACH OTHER IN ORDER TO ENTER INTO A
43 COLLABORATIVE AGREEMENT.".".
44
45 As amended, ordered revised and placed on the Calendar for Third
46 Reading and Final Passage.
47



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-28


BILL SB17-133

Position: Support

Short Title: Insurance Commissioner Investigation Of Provider Complaints
Sponsors: J. Tate / D. Young

Currently, the commissioner of insurance may investigate complaints by health care providers regarding the improper handling or denial of benefits by a health insurance company. The bill requires the commissioner to investigate provider complaints and notify the provider of the results of the investigation. The commissioner is directed to include information on provider complaints in an existing annual report to the general assembly. The commissioner must determine if there is a pattern of misconduct by a health insurance company and, if there is a pattern, must impose an appropriate remedy or penalty as an unfair or deceptive practice.


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



Status
1/31/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
4/12/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-31


BILL SB17-142

Position: Monitor

Short Title: Breast Density Notification Required
Sponsors: A. Williams / J. Danielson

The bill requires that each mammography report provided to a patient include information that identifies the patient's breast tissue classification based on the breast imaging reporting and data system established by the American college of radiology. If the health care facility that performed the mammography determines that a patient has dense breast tissue, the facility is required to notify the patient of the determination using specific language.


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



Status
1/31/2017 Introduced In Senate - Assigned to Health & Human Services
2/16/2017 Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole
2/22/2017 Senate Second Reading Laid Over to 02/27/2017 - No Amendments
2/27/2017 Senate Second Reading Passed - No Amendments
2/28/2017 Senate Third Reading Passed - No Amendments
3/2/2017 Introduced In House - Assigned to Public Health Care & Human Services
3/21/2017 House Committee on Public Health Care & Human Services Refer Unamended to House Committee of the Whole
3/24/2017 House Second Reading Passed - No Amendments
3/27/2017 House Third Reading Passed - No Amendments
3/31/2017 Signed by the Speaker of the House
3/31/2017 Signed by the President of the Senate
4/3/2017 Sent to the Governor
4/6/2017 Governor Signed

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-31


BILL SB17-146

Position: Support

Short Title: Access To Prescription Drug Monitoring Program
Sponsors: C. Jahn / J. Ginal

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



Status
1/31/2017 Introduced In Senate - Assigned to Health & Human Services
2/16/2017 Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole
2/22/2017 Senate Second Reading Laid Over to 02/27/2017 - No Amendments
2/27/2017 Senate Second Reading Passed - No Amendments
2/28/2017 Senate Third Reading Passed - No Amendments
3/2/2017 Introduced In House - Assigned to Health, Insurance, & Environment
3/16/2017 House Committee on Health, Insurance, & Environment Refer Unamended to House Committee of the Whole
3/21/2017 House Second Reading Passed - No Amendments
3/22/2017 House Third Reading Passed - No Amendments
3/31/2017 Signed by the Speaker of the House
3/31/2017 Signed by the President of the Senate
4/3/2017 Sent to the Governor
4/6/2017 Governor Signed

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-31


BILL SB17-151

Position: Monitor

Short Title: Consumer Access To Health Care
Sponsors: L. Crowder / J. Ginal

The bill requires a health insurance carrier or an intermediary that conducts credentialing, utilization management, or utilization review to:

The bill prohibits:



Status
1/31/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/15/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-01-31


BILL SB17-198

Position: Support

Short Title: Public Participate Review Acquire Control Insurer
Sponsors: K. Priola / A. Garnett

Current law requires an opportunity for public notice and a hearing for proposed transactions that would result in the acquisition of control of a domestic insurer, which is one that is incorporated or formed pursuant to Colorado law. Section 1 of the bill expands the public notice for acquisition of a domestic insurer that offers health plans by requiring the commissioner of insurance to make certain information available for public inspection if the application presents prima facie evidence of a violation of the competitive standards established by law. Section 2 appropriates $9,505 from the division of insurance cash fund, which is reappropriated to the department of law for implementation of the act along with 0.1 FTE.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
2/17/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/28/2017 Senate Committee on Business, Labor, & Technology Witness Testimony and/or Committee Discussion Only
3/22/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
4/6/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
4/10/2017 Senate Second Reading Laid Over Daily - No Amendments
4/11/2017 Senate Second Reading Passed with Amendments - Committee
4/12/2017 Senate Third Reading Passed - No Amendments
4/12/2017 Introduced In House - Assigned to Business Affairs and Labor
4/27/2017 House Committee on Business Affairs and Labor Refer Unamended to Appropriations
5/2/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/2/2017 House Second Reading Special Order - Passed - No Amendments
5/3/2017 House Third Reading Passed - No Amendments
5/18/2017 Sent to the Governor
5/18/2017 Signed by the Speaker of the House
5/18/2017 Signed by the President of the Senate
6/2/2017 Governor Signed

Amendment

Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB17-198 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Business, Labor, and Technology Committee Report, dated
March 22, 2017, page 3, after line 30 insert:

"SECTION 2. Appropriation. (1) For the 2017-18 state fiscal
year, $9,505 is appropriated to the department of regulatory agencies for
use by the executive director's office. This appropriation is from the
division of insurance cash fund created in section 10-1-103 (3), C.R.S.
To implement this act, the office may use this appropriation for legal
services.
(2) For the 2017-18 state fiscal year, $9,505 is appropriated to the
department of law. This appropriation is from reappropriated funds
received from the department of regulatory agencies under subsection (1)
of this section and is based on an assumption that the department of law
will require an additional 0.1 FTE. To implement this act, the department
of law may use this appropriation to provide legal services for the
department of regulatory agencies.".

Renumber succeeding sections accordingly.

Page 1 of the bill, line 103, strike "PLANS." and substitute "PLANS, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-02-17


BILL SB17-203

Position: Support

Short Title: Prohibit Carrier From Requiring Alternative Drug
Sponsors: N. Todd / P. Covarrubias | C. Kennedy

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

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
2/28/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/15/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
3/20/2017 Senate Second Reading Laid Over Daily - No Amendments
3/21/2017 Senate Second Reading Passed with Amendments - Committee, Floor
3/22/2017 Senate Third Reading Passed - No Amendments
3/23/2017 Introduced In House - Assigned to Health, Insurance, & Environment
4/11/2017 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
4/13/2017 House Second Reading Special Order - Passed with Amendments - Committee
4/17/2017 House Third Reading Laid Over Daily - No Amendments
4/18/2017 House Third Reading Passed - No Amendments
4/19/2017 Senate Considered House Amendments - Result was to Laid Over Daily
4/25/2017 Senate Considered House Amendments - Result was to Adhere
4/27/2017 House Considered Senate Adherence - Result was to Recede
5/18/2017 Sent to the Governor
5/18/2017 Signed by the Speaker of the House
5/18/2017 Signed by the President of the Senate
6/2/2017 Governor Signed

Amendment

Senate Journal, March 16
After consideration on the merits, the Committee recommends that SB17-203 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 2, line 5, strike "SECTION:" and substitute
"SECTION, "STEP".

Page 2, line 6, strike "(a) "STEP".

Page 2, strike lines 12 through 15.

Page 3, line 1, strike "WHEN:" and substitute "WHEN THE".

Page 3, strike lines 2 and 3.

Page 3, line 4, strike "(b) THE" and strike "A" and substitute "THE".

Page 3, line 6, strike "PRESCRIPTION".

Page 3, line 7, strike "BY THE MANUFACTURER".

Page 3, strike line 8 and substitute "EFFECTIVENESS OR AN ADVERSE
EVENT.".

Page 3, strike lines 9 through 26.

Page 1, line 102, strike "THERAPY, AND, IN" and substitute "THERAPY
WHEN THE COVERED PERSON HAS ALREADY TRIED A STEP-THERAPY
REQUIRED DRUG.".

Page 1, strike lines 103 through 105.

House Journal, April 12
43 SB17-203 be amended as follows, and as so amended, be referred to
44 the Committee of the Whole with favorable
45 recommendation:
46
47 Amend reengrossed bill, page 3, line 1, after "DISCONTINUED" insert "BY
48 THE PRESCRIBING HEALTH CARE PROVIDER".
49
50 Page 3, after line 5 insert:
51 "(3) A CARRIER THAT REQUIRES STEP THERAPY SHALL PROVIDE AN
52 OVERRIDE PROCESS FOR A PRESCRIBED PRESCRIPTION DRUG. A CARRIER
53 MUST EXPEDITIOUSLY GRANT AN OVERRIDE WHEN THE TREATING HEALTH
54 CARE PROVIDER CAN SHOW THAT THE CARRIER'S PREFERRED DRUG IS
55 CONTRAINDICATED OR WILL LIKELY CAUSE AN ADVERSE REACTION. THE
56 TREATING HEALTH CARE PROVIDER MAY USE PEER-REVIEWED DATA OR
1 CLINICAL GUIDELINES OR CLINICAL TRIAL RESULTS AS A PART OF THIS
2 PROCESS.".
3
4 Page 3, line 6, strike "(3)" and substitute "(4)".
5
6 Page 3, after line 8 insert:
7 "(5) THIS SECTION IS SUBJECT TO THE INTERNAL AND EXTERNAL
8 APPEALS PROCESSES IN SECTIONS 10-16-113 AND 10-16-113.5.".
9
10 Page 3, line 9, strike "(4)" and substitute "(6)".
11
12 Page 3, strike line 12 and substitute "INSURANCE OR HEALTH BENEFIT
13 PLAN; EXCEPT THAT PRIOR AUTHORIZATION MUST NOT INCLUDE A STEP
14 THERAPY REQUIREMENT.".
15
16



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-02-28


BILL SB17-206

Position: Support

Short Title: Out-of-network Providers Payments Patient Notice
Sponsors: B. Gardner / J. Singer

Under current law, when a health care provider who is not under a contract with a health insurer (out-of-network provider) renders health care services to a person covered under a health benefit plan at a facility that is part of the provider network under the plan (in-network facility), the health insurer is required to cover the services of the out-of-network provider at the in-network benefit level and at no greater cost to the covered person than if the services were provided by an in-network provider.

The bill outlines the method for a health insurer to use in determining the amount it must pay an out-of-network provider that rendered covered services to a covered person at an in-network facility and requires the health insurer to pay the out-of-network provider directly. The bill also establishes an independent dispute resolution process by which an out-of-network provider may obtain review of a payment from a health insurer.

Additionally, the bill requires an in-network facility where a covered person will receive a health care procedure or treatment, the health insurer, and an out-of-network provider who provides health care services to a covered person at an in-network facility to provide specified disclosures to the covered person, explaining that:

A health insurer that fails to reimburse out-of-network providers as required by the bill and under current law or fails to provide the required notice to the covered person engages in an unfair or deceptive act or practice in the business of insurance and is subject to monetary penalties and other penalties authorized by law.


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



Status
3/3/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
4/10/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-03-03


BILL SB17-250

Position: Oppose

Short Title: Student Exemption From Immunization Requirements
Sponsors: T. Neville | V. Marble / P. Neville | S. Lebsock

The bill clarifies that a certification or exemption letter required for exemption from a school immunization requirement may be from a licensed physician, physician assistant, or advanced practice nurse or a parent, guardian, emancipated student, or student 18 years of age or older. A person submitting a letter is not required to use a specified form.


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



Status
3/16/2017 Introduced In Senate - Assigned to Health & Human Services
4/13/2017 Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole
4/19/2017 Senate Second Reading Lost with Amendments - Floor

Amendment

Senate Journal, April 19
SB17-250 by Senator(s) Marble and Neville T.; also Representative(s) Lebsock and Neville P.,
Ransom--Concerning the exemption of a student from the requirement of immunizations for
attendance at school.

Amendment No. 1(L.003), by Senators Neville T. and Marble.

Amend printed bill, page 2, line 19, after the period add "THE HEALTH
CARE PROVIDER SUBMITTING THE CERTIFICATION LETTER SHALL INCLUDE
THE NAME OF THE STUDENT, THE STUDENT'S IDENTIFICATION NUMBER, THE
NAME OF THE STUDENT'S PARENT OR GUARDIAN, THE DATE OF THE
SUBMISSION OF THE CERTIFICATION LETTER, AND THE IMMUNIZATIONS
FROM WHICH THE STUDENT IS EXEMPT.".

Page 3, line 5, after the period add "THE PERSON SUBMITTING THE
CERTIFICATION LETTER SHALL INCLUDE THE NAME OF THE STUDENT, THE
STUDENT'S IDENTIFICATION NUMBER, THE NAME OF THE STUDENT'S PARENT
OR GUARDIAN, THE DATE OF THE SUBMISSION OF THE CERTIFICATION
LETTER, AND THE IMMUNIZATIONS FROM WHICH THE STUDENT IS EXEMPT.".


As amended, lost on second reading.



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-03-17


BILL SB17-267

Position: Support

Short Title: Sustainability Of Rural Colorado
Sponsors: J. Sonnenberg | L. Guzman / J. Becker | K. Becker

Section 16 of the bill repeals the existing hospital provider fee program, effective July 1, 2017, and section 17 creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within the department of health care policy and financing (HCPF), effective July 1, 2017, to charge and collect a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider fee. Because CHASE is an enterprise for purposes of the Taxpayer's Bill of Rights (TABOR), its revenue does not count against the state fiscal year spending limit (Referendum C cap).

Section 17 of the bill also requires CHASE to 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 system reform incentive payments program. Sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 make conforming amendments, with section 32 extensively modifying FY 2017-18 appropriations to reflect the repeal of the hospital provider fee program and the creation of CHASE. Section 34 specifies that the effective date of sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 of the bill is July 1, 2017, and that those sections do not take effect if the centers for medicare and medicaid services determine that they do not comply with federal law.

Section 11 of the bill permanently reduces the Referendum C cap by reducing the FY 2017-18 cap by $200 million and specifying that the base amount for calculating the cap for all future state fiscal years is the reduced FY 2017-18 cap. As is the case under current law, the reduced cap is annually adjusted for inflation, the percentage change in state population, the qualification or disqualification of enterprises, and debt service changes.

Section 24 of the bill specifies that for any state fiscal year commencing on or after July 1, 2017, for which revenue in excess of the reduced Referendum C cap is required to be refunded in accordance with TABOR, reimbursement for the property tax exemptions for qualifying seniors and disabled veterans that is paid by the state to local governments for the property tax year that commenced during the state fiscal year is a refund of such excess state revenue. The exemptions continue to be allowed at current levels and the state continues to reimburse local governments for local property tax revenue lost as a result of the exemptions regardless of whether or not there are excess state revenues. Section 27 prioritizes the new TABOR refund mechanism ahead of the existing temporary state income tax rate reduction refund mechanism as the first mechanism used to refund excess state revenue.

Section 12 of the bill requires the state, on or after July 1, 2018, to execute lease-purchase agreements, including associated certificates of participation (COPs), for up to $2 billion of eligible facilities identified collaboratively by the state architect, the office of state planning and budgeting (OSPB), and state institutions of higher education for the purpose of generating funding for capital construction projects and transportation projects. The lease-purchase agreements must be issued in increments of up to $500 million in FYs 2018-19, 2019-20, 2020-21, and 2021-22. The first $120 million of lease-purchase agreement proceeds from the FY 2018-19 issuance must be used to fund capital construction projects with most of that amount being dedicated for funding of level I, II, and III controlled maintenance projects. The first $120 million of lease-purchase agreement proceeds from the FY 2019-20 issuance must be used for capital construction projects as prioritized by the capital development committee. Remaining proceeds are credited to the state highway fund and are required by section 31 to be expended to fund state strategic transportation project investment program projects that are designated for tier 1 funding as 10-year development program projects on the department's development program project list, with at least 25% of such proceeds being expended to fund projects that are located in rural counties. At least 10% of such proceeds must be expended for transit purposes or for transit-related capital improvements.

The maximum term of the lease-purchase agreements is 20 years, and the maximum total annual repayment amount for lease-purchase agreements is $150 million. Lease-purchase agreements must be paid, subject to annual appropriation by the general assembly or annual allocation by the transportation commission, first from up to $9 million from the general fund or any other legally available source of money, next from up to $50 million of legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements, and last from up to $85 million from the general fund or any other legally available source of money.

Sections 5 and 8 of the bill specify that an academic facility is not eligible for controlled maintenance funding if it is acquired or constructed, or, if it is an auxiliary facility repurposed for use as an academic facility, solely from a state institution of higher education's cash and operated and maintained from such cash funds and if the acceptance of construction or repurposing occurs on or after July 1, 2018.

Section 29 of the bill, in accordance with previously granted voter approval, increases the rate of the retail marijuana sales tax, which is currently 10% and is scheduled under current law to decrease to 8%, to 15%, effective July 1, 2017. Section 30 holds local governments that currently receive an allocation of 15% of state retail marijuana sales tax revenue based on the current tax rate of 10% (i.e. the amount attributable to a 1.5% tax rate) harmless by specifying that on and after July 1, 2017, they receive an allocation of 10% of state retail marijuana sales tax revenue based on the new rate of 15% (i.e., the same amount attributable to a 1.5% tax rate).

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state FY 2017-18:

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state fiscal year 2018-19 and for each succeeding state fiscal year:

Section 4 of the bill requires the $30 million of state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2017-18 to be appropriated to the department of education and allocated 55% to large rural school districts and 45% to small rural school districts and then distributed to the large and small rural school districts on a per pupil basis. Section 4 requires all of the state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2018-19 and for each subsequent fiscal year to be distributed to all school districts and institute charter schools as part of the state share of total program funding. On and after July 1, 2017, section 28 offsets a portion of the state retail marijuana sales tax rate increase by exempting retail sales of marijuana upon which the state retail marijuana sales tax is imposed from the 2.9% general state sales tax and section 23 makes a conforming amendment to ensure that local governments can continue to impose their local general sales taxes on retail sales of marijuana.

Section 9 of the bill requires each principal department of state government, other than the departments of education and transportation, that submits an annual budget request to the OSPB, when submitting its budget request for FY 2018-19 to the OSPB, to request a total budget for the department that is at least 2% lower than its actual budget for the FY 2017-18. The OSPB must strongly consider the budget reduction proposals made by each principal department when preparing the annual executive budget proposals to the general assembly for the governor and must seek to ensure that the executive budget proposal for each department for FY 2018-19 is at least 2% lower than the department's actual budget for FY 2017-18.

Section 10 of the bill eliminates FY 2018-19 and FY 2019-20 general fund transfers to the highway user tax fund required by current law. The eliminated transfers are in the amounts of $160 million on June 30, 2019, and $160 million on June 30, 2020.

Section 14 of the bill specifies that on and after January 1, 2018, for pharmacy and for hospital outpatient services, including urgent care centers and facilities and emergency services provided under the 'Colorado Medical Assistance Act', HCPF rules that specify the amount of copayments for such services must require the recipient to pay:

Section 21 of the bill requires HCPF, within 120 days of the enactment of the federal 'Advancing Care for Exceptional Kids Act' (ACE Kids Act) and subject to available appropriations, to seek any federal approval 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. HCPF must comply with ACE Kids Act requirements for its participation.

Section 25 of the bill terminates an existing temporary income tax credit for business personal property taxes paid that is available only for income tax years commencing before January 1, 2020, one year early so that it is available only for income tax years commencing before January 1, 2019. Section 26 replaces the terminated temporary credit with a more generous permanent income tax credit for business personal property taxes paid on up to $18,000 of the total actual value of a taxpayer's business personal property.

Section 1 of the bill makes a legislative declaration that all provisions of Senate Bill 17-267 relate to and serve and are necessarily and properly connected to the General Assembly's purpose of ensuring and perpetuating the sustainability of rural Colorado.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
3/27/2017 Introduced In Senate - Assigned to Finance + Appropriations
4/11/2017 Senate Committee on Finance Refer Amended to Appropriations
5/5/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/5/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
5/8/2017 Introduced In House - Assigned to Finance
5/8/2017 Senate Third Reading Passed - No Amendments
5/8/2017 House Committee on Finance Refer Unamended to Appropriations
5/8/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/8/2017 House Second Reading Special Order - Laid Over to 05/09/2017 - No Amendments
5/9/2017 House Second Reading Special Order - Passed - No Amendments
5/10/2017 House Third Reading Passed - No Amendments
5/19/2017 Sent to the Governor
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
5/30/2017 Governor Signed

Amendment

Senate Journal, April 12
After consideration on the merits, the Committee recommends that SB17-267 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 5, line 12, strike "17-_____," and substitute
"17-267,".

Page 6, strike lines 4 through 27.

Strike page 7.

Page 8, strike lines 1 and 2 and substitute:

"SECTION 3. In Colorado Revised Statutes, 24-75-219, repeal
as amended by Senate Bill 17-262 (2)(c); and repeal as added by
Senate Bill 17-262 (2)(c.3)(I) and (2)(c.7)(I) as follows:
24-75-219. Transfers - transportation - capital construction
- definitions. (2) (c) On June 30, 2018, the state treasurer shall transfer
seventy-nine million dollars from the general fund to the highway users
tax fund.
(c.3) On June 30, 2019, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
(c.7) On June 30, 2020, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and".

Page 9, strike lines 14 through 27.

Strike pages 10 through 16.

Page 17, strike lines 1 through 17 and substitute:

"SECTION 5. In Colorado Revised Statutes, add part 13 to
article 82 of title 24 as follows:
24-82-1301. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) DUE TO INSUFFICIENT FUNDING, NECESSARY HIGH-PRIORITY
STATE HIGHWAY PROJECTS AND STATE CAPITAL CONSTRUCTION PROJECTS,
INCLUDING PROJECTS AT STATE INSTITUTIONS OF HIGHER EDUCATION, IN
ALL AREAS OF THE STATE HAVE BEEN DELAYED, AND THE STATE HAS ALSO
DELAYED CRITICAL CONTROLLED MAINTENANCE AND UPKEEP OF STATE
CAPITAL ASSETS;
(b) BY ISSUING LEASE-PURCHASE AGREEMENTS USING STATE
BUILDINGS AS COLLATERAL AS AUTHORIZED BY THIS PART 13, THE STATE
CAN GENERATE SUFFICIENT FUNDS TO ACCELERATE THE COMPLETION OF
MANY OF THE NECESSARY HIGH-PRIORITY STATE HIGHWAY PROJECTS AND
CAPITAL CONSTRUCTION PROJECTS THAT HAVE BEEN DELAYED AND
BETTER MAINTAIN AND PRESERVE EXISTING STATE CAPITAL ASSETS;
(c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT:
(I) A MAJORITY OF THE ADDITIONAL FUNDING FOR STATE CAPITAL
CONSTRUCTION PROJECTS REALIZED FROM ISSUING LEASE-PURCHASE
AGREEMENTS BE USED FOR RENOVATION AND RENEWAL PROJECTS; AND
(II) MORE OF THE STATE'S EXISTING CAPITAL CONSTRUCTION
FUNDING BE DEDICATED TO CONTROLLED MAINTENANCE AND UPKEEP OF
STATE CAPITAL ASSETS.
24-82-1302. Definitions. AS USED IN THIS PART 13, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "ELIGIBLE STATE FACILITY" MEANS ANY FINANCIALLY
UNENCUMBERED BUILDING, STRUCTURE, OR FACILITY THAT IS OWNED BY
THE STATE, INCLUDING A BUILDING, STRUCTURE, OR FACILITY
DETERMINED TO BE ELIGIBLE BY A GOVERNING BOARD OF A STATE
INSTITUTION OF HIGHER EDUCATION.
(2) "CAPITAL CONSTRUCTION" HAS THE SAME MEANING AS SET
FORTH IN SECTION 24-30-1301 (2).
(3) "CONTROLLED MAINTENANCE" HAS THE SAME MEANING AS
SET FORTH IN SECTION 24-30-1301 (4).
(4) "STATE INSTITUTION OF HIGHER EDUCATION" MEANS A STATE
INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102
(10), AND THE AURARIA HIGHER EDUCATION CENTER CREATED IN ARTICLE
70 OF TITLE 23.
24-82-1303. Lease-purchase agreements for capital
construction and transportation projects. (1) ON OR BEFORE
DECEMBER 31, 2017, THE STATE ARCHITECT, THE DIRECTOR OF THE
OFFICE OF STATE PLANNING AND BUDGETING OR HIS OR HER DESIGNEE,
AND THE STATE INSTITUTIONS OF HIGHER EDUCATION SHALL IDENTIFY
AND PREPARE A COLLABORATIVE LIST OF ELIGIBLE STATE FACILITIES THAT
CAN BE COLLATERALIZED AS PART OF THE LEASE-PURCHASE AGREEMENTS
FOR CAPITAL CONSTRUCTION AND TRANSPORTATION PROJECTS
AUTHORIZED IN THIS PART 13. THE TOTAL CURRENT REPLACEMENT VALUE
OF THE IDENTIFIED BUILDINGS MUST EQUAL AT LEAST ONE BILLION SEVEN
HUNDRED MILLION DOLLARS.
(2) (a) NOTWITHSTANDING THE PROVISIONS OF SECTIONS
24-82-102 (1)(b) AND 24-82-801, AND PURSUANT TO SECTION 24-36-121,
NO SOONER THAN JULY 1, 2018, THE STATE, ACTING BY AND THROUGH
THE STATE TREASURER, SHALL EXECUTE LEASE-PURCHASE AGREEMENTS
EACH FOR NO MORE THAN TWENTY YEARS OF ANNUAL PAYMENTS FOR THE
PROJECTS DESCRIBED IN SUBSECTION (5) OF THIS SECTION. A STATE
INSTITUTION OF HIGHER EDUCATION MAY EITHER CONTRIBUTE THE FULL
AMOUNT OF ITS SHARE OF THE COST OF THE PROJECT, AS DESCRIBED IN
SUBSECTION (3) OF THIS SECTION, AT THE COMMENCEMENT OF THE
PROJECT OR MAY HAVE ITS SHARE OF THE COST OF THE PROJECT INCLUDED
IN THE LEASE-PURCHASE AGREEMENT.
(b) THE ANTICIPATED ANNUAL STATE-FUNDED PAYMENTS FOR THE
PRINCIPAL AND INTEREST COMPONENTS OF THE AMOUNT PAYABLE UNDER
ALL LEASE-PURCHASE AGREEMENTS ENTERED INTO SHALL NOT EXCEED
ONE HUNDRED TWENTY-FIVE MILLION DOLLARS.
(c) THE STATE, ACTING BY AND THROUGH THE STATE TREASURER,
AT THE STATE TREASURER'S SOLE DISCRETION, MAY ENTER INTO ONE OR
MORE LEASE-PURCHASE AGREEMENTS AUTHORIZED BY SUBSECTION (2)(a)
OF THIS SECTION WITH ANY FOR-PROFIT OR NONPROFIT CORPORATION,
TRUST, OR COMMERCIAL BANK AS A TRUSTEE AS THE LESSOR.
(d) ANY LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED
BY SUBSECTION (2)(a) OF THIS SECTION SHALL PROVIDE THAT ALL OF THE
OBLIGATIONS OF THE STATE UNDER THE AGREEMENT ARE SUBJECT TO THE
ACTION OF THE GENERAL ASSEMBLY IN ANNUALLY MAKING MONEY
AVAILABLE FOR ALL PAYMENTS THEREUNDER. PAYMENTS UNDER ANY
LEASE-PURCHASE AGREEMENT MUST BE MADE, SUBJECT TO ANNUAL
ALLOCATION PURSUANT TO SECTION 43-1-113 BY THE TRANSPORTATION
COMMISSION CREATED IN SECTION 43-1-106 (1) OR SUBJECT TO ANNUAL
APPROPRIATION BY THE GENERAL ASSEMBLY, AS APPLICABLE, FROM THE
FOLLOWING SOURCES OF MONEY:
(I) THE CAPITAL CONSTRUCTION LEASE-PURCHASE AGREEMENT
CASH FUND CREATED IN SUBSECTION (3) OF THIS SECTION;
(II) AN ANNUAL AMOUNT EQUAL TO THE PERCENTAGE OF THE
TOTAL ANNUAL PAYMENTS ATTRIBUTABLE TO THE EXECUTED LEASE
PURCHASE AGREEMENTS CREDITED TO THE STATE HIGHWAY FUND AS
SPECIFIED IN SUBSECTION (5)(a) OF THIS SECTION, OR ANY LESSER
AMOUNT THAT IS SUFFICIENT TO MAKE A FULL PAYMENT, FROM ANY
LEGALLY AVAILABLE MONEY UNDER THE CONTROL OF THE
TRANSPORTATION COMMISSION; AND
(III) THE REMAINDER OF THE AMOUNT NEEDED, IN ADDITION TO
THE AMOUNT SPECIFIED IN SUBSECTION (2)(d)(I) OF THIS SECTION, TO
MAKE THE FULL PAYMENT FROM THE GENERAL FUND OR ANY OTHER
LEGALLY AVAILABLE SOURCE OF MONEY.
(e) EACH AGREEMENT MUST ALSO PROVIDE THAT THE
OBLIGATIONS OF THE STATE DO NOT CREATE STATE DEBT WITHIN THE
MEANING OF ANY PROVISION OF THE STATE CONSTITUTION OR STATE LAW
CONCERNING OR LIMITING THE CREATION OF STATE DEBT AND ARE NOT A
MULTIPLE FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION. IF THE STATE DOES NOT RENEW
A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY SUBSECTION
(2)(a) OF THIS SECTION, THE SOLE SECURITY AVAILABLE TO THE LESSOR
IS THE PROPERTY THAT IS THE SUBJECT OF THE NONRENEWED
LEASE-PURCHASE AGREEMENT.
(f) A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY
SUBSECTION (2)(a) OF THIS SECTION MAY CONTAIN SUCH TERMS,
PROVISIONS, AND CONDITIONS AS THE STATE TREASURER, ACTING ON
BEHALF OF THE STATE, DEEMS APPROPRIATE, INCLUDING ALL OPTIONAL
TERMS; EXCEPT THAT EACH LEASE-PURCHASE AGREEMENT MUST
SPECIFICALLY AUTHORIZE THE STATE OR THE GOVERNING BOARD OF THE
APPLICABLE STATE INSTITUTION OF HIGHER EDUCATION TO RECEIVE FEE
TITLE TO ALL REAL AND PERSONAL PROPERTY THAT IS THE SUBJECT OF
THE LEASE-PURCHASE AGREEMENT ON OR BEFORE THE EXPIRATION OF THE
TERMS OF THE AGREEMENT.
(g) ANY LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED
BY SUBSECTION (2)(a) OF THIS SECTION MAY PROVIDE FOR THE ISSUANCE,
DISTRIBUTION, AND SALE OF INSTRUMENTS EVIDENCING RIGHTS TO
RECEIVE RENTALS AND OTHER PAYMENTS MADE AND TO BE MADE UNDER
THE LEASE-PURCHASE AGREEMENT. THE INSTRUMENTS MAY BE ISSUED,
DISTRIBUTED, OR SOLD ONLY BY THE LESSOR OR ANY PERSON DESIGNATED
BY THE LESSOR AND NOT BY THE STATE. THE INSTRUMENTS DO NOT
CREATE A RELATIONSHIP BETWEEN THE PURCHASERS OF THE
INSTRUMENTS AND THE STATE OR CREATE ANY OBLIGATION ON THE PART
OF THE STATE TO THE PURCHASERS. THE INSTRUMENTS ARE NOT NOTES,
BONDS, OR ANY OTHER EVIDENCE OF STATE DEBT WITHIN THE MEANING
OF ANY PROVISION OF THE STATE CONSTITUTION OR STATE LAW
CONCERNING OR LIMITING THE CREATION OF STATE DEBT AND ARE NOT A
MULTIPLE FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION.
(h) INTEREST PAID UNDER A LEASE-PURCHASE AGREEMENT
AUTHORIZED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,
INCLUDING INTEREST REPRESENTED BY THE INSTRUMENTS, IS EXEMPT
FROM COLORADO INCOME TAX.
(i) THE STATE, ACTING BY AND THROUGH THE STATE TREASURER
AND THE GOVERNING BOARDS OF THE INSTITUTIONS OF HIGHER
EDUCATION, IS AUTHORIZED TO ENTER INTO ANCILLARY AGREEMENTS
AND INSTRUMENTS THAT ARE NECESSARY OR APPROPRIATE IN
CONNECTION WITH A LEASE-PURCHASE AGREEMENT, INCLUDING BUT NOT
LIMITED TO DEEDS, GROUND LEASES, SUB-LEASES, EASEMENTS, OR OTHER
INSTRUMENTS RELATING TO THE REAL PROPERTY ON WHICH THE
FACILITIES ARE LOCATED.
(j) THE PROVISIONS OF SECTION 24-30-202 (5)(b) DO NOT APPLY
TO A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY OR TO
ANY ANCILLARY AGREEMENT OR INSTRUMENT ENTERED INTO PURSUANT
TO THIS SUBSECTION (2). THE STATE CONTROLLER OR HIS OR HER
DESIGNEE SHALL WAIVE ANY PROVISION OF THE FISCAL RULES
PROMULGATED PURSUANT TO SECTION 24-30-202 (1) AND (13), THAT THE
STATE CONTROLLER FINDS INCOMPATIBLE OR INAPPLICABLE WITH
RESPECT TO A LEASE-PURCHASE AGREEMENT OR AN ANCILLARY
AGREEMENT OR INSTRUMENT.
(3) A STATE INSTITUTION OF HIGHER EDUCATION, BUT NOT THE
STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL
EDUCATION, SHALL TRANSFER TO THE STATE TREASURER TWENTY
PERCENT OF THE TOTAL PROJECT COST OF ANY NEW CAPITAL
CONSTRUCTION PROJECT THAT RECEIVES FUNDING THROUGH THIS PART 13
WITHOUT AN APPROPRIATION FROM THE GENERAL ASSEMBLY. THE STATE
TREASURER SHALL CREDIT ANY MONEY RECEIVED PURSUANT TO THIS
SUBSECTION (3) TO THE CAPITAL CONSTRUCTION LEASE-PURCHASE
AGREEMENT CASH FUND, REFERRED TO IN THIS SUBSECTION (3) AS THE
"FUND", WHICH IS HEREBY CREATED IN THE STATE TREASURY. MONEY IN
THE FUND IS CONTINUOUSLY APPROPRIATED TO THE STATE TREASURER TO
MAKE PAYMENTS ON LEASE-PURCHASE AGREEMENTS EXECUTED AS
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION. ALL INTEREST AND
INCOME DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE
FUND IS CREDITED TO THE FUND.
(4) (a) BEFORE EXECUTING A LEASE-PURCHASE AGREEMENT
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION, IN ORDER TO PROTECT
AGAINST FUTURE INTEREST RATE INCREASES, THE STATE, ACTING BY AND
THROUGH THE STATE TREASURER AND AT THE DISCRETION OF THE STATE
TREASURER, MAY ENTER INTO AN INTEREST RATE EXCHANGE AGREEMENT
PURSUANT TO ARTICLE 59.3 OF TITLE 11. A LEASE-PURCHASE AGREEMENT
EXECUTED AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION IS A
PROPOSED PUBLIC SECURITY FOR THE PURPOSES OF ARTICLE 59.3 OF TITLE
11. ANY PAYMENTS MADE BY THE STATE UNDER AN AGREEMENT ENTERED
INTO PURSUANT TO THIS SUBSECTION (4) MUST BE MADE SOLELY FROM
MONEY MADE AVAILABLE TO THE STATE TREASURER FROM THE
EXECUTION OF A LEASE-PURCHASE AGREEMENT, FROM MONEY DESCRIBED
IN SUBSECTIONS (2)(d)(I), (2)(d)(II), AND (2)(d)(III) OF THIS SECTION, OR
FROM MONEY IN THE CAPITAL CONSTRUCTION LEASE-PURCHASE
AGREEMENT CASH FUND CREATED IN SUBSECTION (3) OF THIS SECTION.
(b) ANY AGREEMENT ENTERED INTO PURSUANT TO THIS
SUBSECTION (4) MUST ALSO PROVIDE THAT THE OBLIGATIONS OF THE
STATE DO NOT CREATE STATE DEBT WITHIN THE MEANING OF ANY
PROVISION OF THE STATE CONSTITUTION OR STATE LAW CONCERNING OR
LIMITING THE CREATION OF STATE DEBT AND ARE NOT A MULTIPLE
FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION.
(c) ANY MONEY RECEIVED BY THE STATE UNDER AN AGREEMENT
ENTERED INTO PURSUANT TO THIS SUBSECTION (4) SHALL BE USED TO
MAKE PAYMENTS ON LEASE-PURCHASE AGREEMENTS ENTERED INTO
PURSUANT TO SUBSECTION (2) OF THIS SECTION OR TO PAY THE COSTS OF
THE PROJECT FOR WHICH A LEASE-PURCHASE AGREEMENT WAS EXECUTED.
(5) PROCEEDS OF LEASE-PURCHASE AGREEMENTS EXECUTED AS
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION SHALL BE USED AS
FOLLOWS:
(a) SEVENTY-SIX AND FIVE-TENTHS PERCENT OF THE PROCEEDS
SHALL BE CREDITED TO THE STATE HIGHWAY FUND CREATED IN SECTION
43-1-219 AND USED BY THE DEPARTMENT OF TRANSPORTATION IN
ACCORDANCE WITH SECTION 43-4-206 (1)(b)(V); AND
(b) TWENTY-THREE AND FIVE-TENTHS PERCENT OF THE PROCEEDS
SHALL BE USED FOR CONTROLLED MAINTENANCE AND CAPITAL
CONSTRUCTION PROJECTS IN THE STATE AS FOLLOWS:
(I) THIRTEEN MILLION SIX THOUSAND EIGHTY-ONE DOLLARS FOR
LEVEL I CONTROLLED MAINTENANCE;
(II) SIXTY MILLION SIX HUNDRED THIRTY-SEVEN THOUSAND
THREE HUNDRED FIVE DOLLARS FOR LEVEL II CONTROLLED
MAINTENANCE;
(III) FORTY MILLION TWO HUNDRED NINE THOUSAND FIVE
HUNDRED THIRTY-FIVE DOLLARS FOR LEVEL III CONTROLLED
MAINTENANCE; AND
(IV) THE REMAINDER FOR CAPITAL CONSTRUCTION PROJECTS AS
PRIORITIZED BY THE CAPITAL DEVELOPMENT COMMITTEE. THE CAPITAL
DEVELOPMENT COMMITTEE SHALL POST THE FINAL PRIORITIZED LIST ON
THE COMMITTEE'S WEBSITE AND FORWARD THE LIST TO THE OFFICE OF
STATE PLANNING AND BUDGETING, THE STATE INSTITUTIONS OF HIGHER
EDUCATION, AND THE STATE TREASURER NO LATER THAN NOVEMBER 1,
2017.
SECTION 6. In Colorado Revised Statutes, 23-1-106, amend
(10.2)(a)(I) and (10.2)(a)(II); and add (10.2)(a)(III) as follows:
23-1-106. Duties and powers of the commission with respect
to capital construction and long-range planning - legislative
declaration - definitions. (10.2) (a) (I) Notwithstanding any law to the
contrary AND EXCEPT AS PROVIDED IN SUBSECTION (10.2)(a)(III) OF THIS
SECTION, all academic facilities acquired or constructed, or an auxiliary
facility repurposed for use as an academic facility, solely from cash funds
held by the state institution of higher education and operated and
maintained from such cash funds or from state moneys appropriated for
such purpose, or both, including, but not limited to, those facilities
described in paragraph (b) of subsection (9) SUBSECTION (9)(b) of this
section, that did not previously qualify for state controlled maintenance
funding will qualify for state controlled maintenance funding, subject to
funding approval by the capital development committee and the
eligibility guidelines described in section 24-30-1303.9. C.R.S.
(II) For purposes of this paragraph (a) SUBSECTION (10.2)(a), the
eligibility for state controlled maintenance funding commences on the
date of the acceptance of the construction or repurposing of the facility
or the closing date of any acquisition. The date of the acceptance of
construction or repurposing shall be determined by the office of the state
architect.
(III) IF AN ACADEMIC FACILITY IS ACQUIRED OR CONSTRUCTED, OR
IF AN AUXILIARY FACILITY IS REPURPOSED FOR USE AS AN ACADEMIC
FACILITY, SOLELY FROM CASH FUNDS HELD BY THE STATE INSTITUTION OF
HIGHER EDUCATION AND OPERATED AND MAINTAINED FROM SUCH CASH
FUNDS, THEN AS OF THE DATE OF THE ACCEPTANCE OF CONSTRUCTION OR
REPURPOSING THAT OCCURS ON OR AFTER JULY 1, 2018, SUCH FACILITY
IS NOT ELIGIBLE FOR CONTROLLED MAINTENANCE FUNDING.
SECTION 7. In Colorado Revised Statutes, 24-30-1303.9,
amend (7)(a)(II), (7)(a)(III), and (7)(a)(IV); and add (7)(a)(V) as
follows:
24-30-1303.9. Eligibility for state controlled maintenance
funding - legislative declaration. (7) (a) Controlled maintenance funds
may not be used for:
(II) Auxiliary facilities as defined in section 23-1-106 (10.3);
C.R.S.;
(III) Leasehold interests in real property; or
(IV) Any work properly categorized as capital construction; OR
(V) FACILITIES DESCRIBED IN SECTION 23-1-106 (10.2)(a)(III).
SECTION 8. In Colorado Revised Statutes, 25.5-4-301, amend
(1)(a)(I) and (1)(a)(II); and add (1)(a)(II.3) as follows:
25.5-4-301. Recoveries - overpayments - penalties - interest -
adjustments - liens - review or audit procedures. (1) (a) (I) Except as
provided in section 25.5-4-302 and subparagraph (III) of this paragraph
(a), no SUBSECTION (1)(a)(III) OF THIS SECTION, A recipient or estate of
the recipient shall be IS NOT liable for the cost or the cost remaining after
payment by medicaid, medicare, or a private insurer of medical benefits
authorized by Title XIX of the social security act, by this title TITLE 25.5,
or by rules promulgated by the state board, which FOR benefits are
rendered to the recipient by a provider of medical services WHO IS
ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM AND authorized to
render such THE service in the state of Colorado, except FOR those
contributions required pursuant to section 25.5-4-209 (1). However, a
recipient may enter into a documented agreement with a provider WHO
IS ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM under which the
recipient agrees to pay for items or services that are nonreimbursable
under the medical assistance program. Under these circumstances, a
recipient is liable for the cost of such THOSE services and items.
(II) The provisions of subparagraph (I) of this paragraph (a) shall
SUBSECTION (1)(a)(I) OF THIS SECTION apply regardless of whether
medicaid has actually reimbursed the provider. and regardless of whether
the provider is enrolled in the Colorado medical assistance program.
(II.3) IF A PROVIDER WHO IS NOT ENROLLED IN THE MEDICAL
ASSISTANCE PROGRAM PROVIDES MEDICAL SERVICES TO A RECIPIENT
THAT WOULD BE REIMBURSABLE UNDER THE MEDICAL ASSISTANCE
PROGRAM IF THE PROVIDER WERE AN ENROLLED PROVIDER, PRIOR TO
PROVIDING MEDICAL SERVICES, THE NONENROLLED PROVIDER SHALL
ENTER INTO A WRITTEN AGREEMENT WITH THE RECIPIENT. THE
AGREEMENT MUST SET FORTH THE SPECIFIC MEDICAL SERVICES PROVIDED,
THE USUAL AND CUSTOMARY COST FOR THE SERVICES, THE COST TO THE
RECIPIENT FOR THE SERVICES PROVIDED, AND THE TERMS OF PAYMENT BY
THE CLIENT. THE AGREEMENT MUST ALSO INCLUDE THE STATEMENT THAT
THE RECIPIENT UNDERSTANDS THAT HE OR SHE WOULD NOT BE LIABLE FOR
THE COST OF REIMBURSABLE MEDICAL SERVICES IF THE RECIPIENT
OBTAINED THE SERVICES FROM AN ENROLLED PROVIDER. THE AGREEMENT
MUST BE SIGNED AND DATED BY BOTH THE RECIPIENT AND THE
NONENROLLED PROVIDER. UNDER THESE CIRCUMSTANCES, THE RECIPIENT
IS LIABLE FOR THE COST OF THE MEDICAL SERVICES.".

Renumber succeeding sections accordingly.

Page 21, line 15, strike "17-_____," and substitute "17-267,".

Page 22, line 9, strike "17-_____," and substitute "17-267,".

Page 26, line 16, strike "17-_____," and substitute "17-267,".

Page 45, line 24, strike "17-_____," and substitute "17-267,".

Page 46, line 4, strike "17-_____," and substitute "17-267,".

Page 51, line 18, strike "of" and substitute "for".

Page 51, line 20, strike "OF" and substitute "FOR".

Page 51, line 27, strike "OF" and substitute "FOR".

Page 54, strike lines 6 through 8 and substitute "for the same. ANY
PROCEEDS OF LEASE-PURCHASE AGREEMENTS EXECUTED AS REQUIRED BY
SECTION 24-82-1303 (2)(a) THAT ARE CREDITED TO THE STATE HIGHWAY
FUND PURSUANT TO SECTION 24-82-1303 (5)(a) SHALL BE USED".

Page 55, strike lines 3 through 5 and substitute: "AND, BEGINNING IN
2018, ANY PROCEEDS OF LEASE-PURCHASE AGREEMENTS EXECUTED AS
REQUIRED BY SECTION 24-82-1303 (2)(a) THAT ARE CREDITED TO THE
STATE HIGHWAY FUND PURSUANT TO SECTION 24-82-1303 (5)(a) AND".

Page 56, line 18, strike "6 through 15, 17, and 18" and substitute "9
through 18, 20, and 21".

Page 56, line 20, strike "6 through 15, 17, and 18" and substitute "9
through 18, 20, and 21".


Finance

Senate Journal, May 5
After consideration on the merits, the Committee recommends that SB17-267 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Strike the Finance Committee Report, dated April 11, 2017.

Amend printed bill, strike everything below the enacting clause and
substitute:
"SECTION 1. Legislative declaration. (1) The general
assembly hereby finds and declares that:
(a) In comparison to the urban and suburban areas of the state,
rural Colorado, on average and with some exceptions, faces complex
demographic, economic, and geographical challenges including:
(I) An older population that requires more medical care;
(II) Less robust and diverse economic activity and associated
lower average wages and household incomes; and
(III) Greater challenges, due to distance and less adequate
transportation infrastructure, in accessing critical services such as health
care; and
(b) The purpose of this legislation is to ensure and perpetuate the
sustainability of rural Colorado by addressing some of these
demographic, economic, and geographical challenges and by such other
means as the general assembly, in its considered judgment, finds
necessary and appropriate.
(2) The general assembly further finds and declares that the
sustainability of rural Colorado is directly connected to the economic
vitality of the state as a whole, and that all of the provisions of this act,
including provisions that on their face apply to and affect all areas of the
state but that especially benefit rural Colorado, relate to and serve and are
necessarily and properly connected to the general assembly's purpose of
ensuring and perpetuating the sustainability of rural Colorado.
SECTION 2. In Colorado Revised Statutes, amend 2-3-119 as
follows:
2-3-119. Audit of healthcare affordability and sustainability
fee - cost shift. Starting with the second full state fiscal year following
the receipt of the notice from the executive director of the department of
health care policy and financing pursuant to section 25.5-4-402.3 (7),
C.R.S., and thereafter At the discretion of the legislative audit committee,
the state auditor shall conduct or cause to be conducted a performance
and fiscal audit of the hospital provider HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY fee established pursuant to section 25.5-4-402.3,
C.R.S. SECTION 25.5-4-402.4.
SECTION 3. In Colorado Revised Statutes, 2-3-1203, repeal
(8)(a)(V) as follows:
2-3-1203. Sunset review of advisory committees - legislative
declaration - definition - repeal. (8) (a) The following statutory
authorizations for the designated advisory committees will repeal on July
1, 2019:
(V) The hospital provider fee oversight and advisory board
created in section 25.5-4-402.3, C.R.S.;
SECTION 4. In Colorado Revised Statutes, add 22-54-139 as
follows:
22-54-139. Additional funding for schools - use of retail
marijuana sales tax revenue transferred to state public school fund
- definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) "LARGE RURAL DISTRICT" MEANS A DISTRICT IN COLORADO
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL, BASED ON
THE GEOGRAPHIC SIZE OF THE DISTRICT AND THE DISTANCE OF THE
DISTRICT FROM THE NEAREST LARGE, URBANIZED AREA, AND THAT HAD
A FUNDED PUPIL COUNT FOR THE PRIOR BUDGET YEAR OF ONE THOUSAND
PUPILS OR MORE BUT FEWER THAN SIX THOUSAND FIVE HUNDRED PUPILS.
(b) "PER PUPIL DISTRIBUTION AMOUNT" MEANS:
(I) FOR A LARGE RURAL DISTRICT, AN AMOUNT EQUAL TO THIRTY
MILLION DOLLARS MULTIPLIED BY THE PERCENTAGE SPECIFIED IN
SUBSECTION (2)(a) OF THIS SECTION AND THEN DIVIDED BY THE SUM OF
THE TOTAL FUNDED PUPIL COUNT FOR THE PRIOR BUDGET YEAR OF ALL
LARGE RURAL DISTRICTS; AND
(II) FOR A SMALL RURAL DISTRICT, AN AMOUNT EQUAL TO THIRTY
MILLION DOLLARS MULTIPLIED BY THE PERCENTAGE SPECIFIED IN
SUBSECTION (2)(b) OF THIS SECTION AND THEN DIVIDED BY THE SUM OF
THE TOTAL FUNDED PUPIL COUNT FOR THE PRIOR BUDGET YEAR OF ALL
SMALL RURAL DISTRICTS;
(c) "SMALL RURAL DISTRICT" MEANS A DISTRICT IN COLORADO
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL, BASED ON
THE GEOGRAPHIC SIZE OF THE DISTRICT AND THE DISTANCE OF THE
DISTRICT FROM THE NEAREST LARGE, URBANIZED AREA, AND THAT HAD
A FUNDED PUPIL COUNT FOR THE PRIOR BUDGET YEAR OF FEWER THAN
ONE THOUSAND PUPILS.
(2) FOR THE 2017-18 BUDGET YEAR, ALL OF THE GROSS RETAIL
MARIJUANA SALES TAX PROCEEDS TRANSFERRED FROM THE GENERAL
FUND TO THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION
22-54-114 (1) AS REQUIRED BY SECTION 39-28.8-203 (1)(b)(I.3)(B) IS
APPROPRIATED FROM THE STATE PUBLIC SCHOOL FUND TO THE
DEPARTMENT FOR MONTHLY DISTRIBUTION TO EACH LARGE RURAL
DISTRICT AND EACH SMALL RURAL DISTRICT FOR THE PURPOSE OF
IMPROVING STUDENT LEARNING AND THE EDUCATIONAL ENVIRONMENT,
INCLUDING BUT NOT LIMITED TO LOAN FORGIVENESS FOR EDUCATORS AND
STAFF, TECHNOLOGY, AND TRANSPORTATION, AS FOLLOWS:
(a) FIFTY-FIVE PERCENT OF THE MONEY IS ALLOCATED TO LARGE
RURAL DISTRICTS AND DISTRIBUTED TO EACH LARGE RURAL DISTRICT IN
AN AMOUNT EQUAL TO THE PER PUPIL DISTRIBUTION AMOUNT MULTIPLIED
BY THE LARGE RURAL DISTRICT'S FUNDED PUPIL COUNT FOR THE PRIOR
BUDGET YEAR FOR PROPORTIONAL APPORTIONMENT TO EVERY SCHOOL IN
THE DISTRICT BASED ON THE NUMBER OF STUDENTS ENROLLED IN EACH
SCHOOL FOR THE PRIOR BUDGET YEAR; AND
(b) FORTY-FIVE PERCENT OF THE MONEY IS ALLOCATED TO SMALL
RURAL SCHOOL DISTRICTS AND DISTRIBUTED TO EACH SMALL RURAL
DISTRICT IN AN AMOUNT EQUAL TO THE PER PUPIL DISTRIBUTION AMOUNT
MULTIPLIED BY THE SMALL RURAL DISTRICT'S FUNDED PUPIL COUNT FOR
THE PRIOR BUDGET YEAR FOR PROPORTIONAL APPORTIONMENT TO EVERY
SCHOOL IN THE DISTRICT BASED ON THE NUMBER OF STUDENTS ENROLLED
IN EACH SCHOOL FOR THE PRIOR BUDGET YEAR.
(3) FOR THE 2018-19 BUDGET YEAR AND FOR EACH BUDGET YEAR
THEREAFTER, ALL OF THE GROSS RETAIL MARIJUANA SALES TAX
PROCEEDS TRANSFERRED FROM THE GENERAL FUND TO THE STATE PUBLIC
SCHOOL FUND CREATED IN SECTION 22-54-114 (1) AS REQUIRED BY
SECTION 39-28.8-203 (1)(b)(I.5)(B) IS APPROPRIATED FROM THE STATE
PUBLIC SCHOOL FUND TO THE DEPARTMENT TO MEET THE STATE'S SHARE
OF THE TOTAL PROGRAM OF ALL DISTRICTS AND FUNDING FOR INSTITUTE
CHARTER SCHOOLS.
SECTION 5. In Colorado Revised Statutes, 23-1-106, amend
(10.2)(a) as follows:
23-1-106. Duties and powers of the commission with respect
to capital construction and long-range planning - legislative
declaration - definitions. (10.2) (a) (I) Notwithstanding any law to the
contrary AND EXCEPT AS PROVIDED IN SUBSECTION (10.2)(a)(III) OF THIS
SECTION, all academic facilities acquired or constructed, or an auxiliary
facility repurposed for use as an academic facility, solely from cash funds
held by the state institution of higher education and operated and
maintained from such cash funds or from state moneys MONEY
appropriated for such purpose, or both, including, but not limited to,
those facilities described in paragraph (b) of subsection (9) SUBSECTION
(9)(b) of this section, that did not previously qualify for state controlled
maintenance funding will qualify for state controlled maintenance
funding, subject to funding approval by the capital development
committee and the eligibility guidelines described in section
24-30-1303.9. C.R.S.
(II) For purposes of this paragraph (a) SUBSECTION (10.2)(a), the
eligibility for state controlled maintenance funding commences on the
date of the acceptance of the construction or repurposing of the facility
or the closing date of any acquisition. The date of the acceptance of
construction or repurposing shall be determined by the office of the state
architect.
(III) IF AN ACADEMIC FACILITY IS ACQUIRED OR CONSTRUCTED, OR
IF AN AUXILIARY FACILITY IS REPURPOSED FOR USE AS AN ACADEMIC
FACILITY, SOLELY FROM CASH FUNDS HELD BY THE STATE INSTITUTION OF
HIGHER EDUCATION AND OPERATED AND MAINTAINED FROM SUCH CASH
FUNDS, THEN AS OF THE DATE OF THE ACCEPTANCE OF CONSTRUCTION OR
REPURPOSING THAT OCCURS ON OR AFTER JULY 1, 2018, THE FACILITY IS
NOT ELIGIBLE FOR CONTROLLED MAINTENANCE FUNDING.
SECTION 6. In Colorado Revised Statutes, 24-1-119.5, add (9)
as follows:
24-1-119.5. Department of health care policy and financing
- creation. (9) THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE CREATED IN SECTION 25.5-4-402.4 (3) SHALL
EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND FUNCTIONS AS IF THE
SAME WERE TRANSFERRED BY A TYPE 2 TRANSFER, AS DEFINED IN
SECTION 24-1-105, TO THE DEPARTMENT OF HEALTH CARE POLICY AND
FINANCING. SECTION 7. In Colorado Revised Statutes, 24-4-103,
amend (8)(c)(I) as follows:
24-4-103. Rule-making - procedure - definitions - repeal.
(8) (c) (I) Notwithstanding any other provision of law to the contrary and
the provisions of section 24-4-107, all rules adopted or amended on or
after January 1, 1993, and before November 1, 1993, shall expire at
11:59 p.m. on May 15 of the year following their adoption unless the
general assembly by bill acts to postpone the expiration of a specific rule,
and commencing with rules adopted or amended on or after November
1, 1993, all rules adopted or amended during any one-year period that
begins each November 1 and continues through the following October
31 shall expire at 11:59 p.m. on the May 15 that follows such one-year
period unless the general assembly by bill acts to postpone the expiration
of a specific rule; except that a rule adopted pursuant to section
25.5-4-402.3 (5) (b) (III), C.R.S., shall expire SECTION 25.5-4-402.4
(6)(b)(III) EXPIRES at 11:59 p.m. on the May 15 following the adoption
of the rule unless the general assembly acts by bill to postpone the
expiration of a specific rule. The general assembly, in its discretion, may
postpone such expiration, in which case, the provisions of section
24-4-108 or 24-34-104 shall apply, and the rules shall expire or be ARE
subject to review as provided in said THOSE sections. The postponement
of the expiration of a rule shall DOES not constitute legislative approval
of the rule nor be AND IS NOT admissible in any court as evidence of
legislative intent. The postponement of the expiration date of a specific
rule shall DOES not prohibit any action by the general assembly pursuant
to the provisions of paragraph (d) of this subsection (8) SUBSECTION
(8)(d) OF THIS SECTION with respect to such THE rule.
SECTION 8. In Colorado Revised Statutes, 24-30-1303.9,
amend (7)(a)(II), (7)(a)(III), and (7)(a)(IV); and add (7)(a)(V) as
follows:
24-30-1303.9. Eligibility for state controlled maintenance
funding - legislative declaration. (7) (a) Controlled maintenance funds
may not be used for:
(II) Auxiliary facilities as defined in section 23-1-106 (10.3);
C.R.S.;
(III) Leasehold interests in real property; or
(IV) Any work properly categorized as capital construction; OR
(V) FACILITIES DESCRIBED IN SECTION 23-1-106 (10.2)(a)(III).
SECTION 9. In Colorado Revised Statutes, add 24-37-305 as
follows:
24-37-305. 2018-19 fiscal year - required reductions in
departmental and executive branch budget requests. (1) (a) EXCEPT
AS OTHERWISE PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, FOR THE
2018-19 BUDGET YEAR, EACH PRINCIPAL DEPARTMENT OF STATE
GOVERNMENT THAT SUBMITS A BUDGET REQUEST TO THE OFFICE OF STATE
PLANNING AND BUDGETING SHALL REQUEST, WHEN SUBMITTING THE
BUDGET REQUEST, A TOTAL BUDGET FOR THE DEPARTMENT THAT IS AT
LEAST TWO PERCENT LOWER THAN ITS ACTUAL BUDGET FOR THE 2017-18
FISCAL YEAR.
(b) THE REQUIREMENT SPECIFIED IN SUBSECTION (1)(a) OF THIS
SECTION DOES NOT APPLY TO THE DEPARTMENT OF EDUCATION CREATED
IN SECTION 24-1-115 (1) OR THE DEPARTMENT OF TRANSPORTATION
CREATED IN SECTION 24-1-128.7 (1).
(2) THE OFFICE OF STATE PLANNING AND BUDGETING SHALL
STRONGLY CONSIDER THE BUDGET REDUCTION PROPOSALS MADE BY EACH
PRINCIPAL DEPARTMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION
WHEN PREPARING THE ANNUAL EXECUTIVE BUDGET PROPOSALS TO THE
GENERAL ASSEMBLY FOR THE GOVERNOR AS REQUIRED BY SECTION
24-37-302 (1)(g) AND SHALL SEEK TO ENSURE, SUBJECT TO SECTION
24-37-303, THAT THE EXECUTIVE BUDGET PROPOSAL FOR EACH
DEPARTMENT IS AT LEAST TWO PERCENT LOWER THAN THE DEPARTMENT'S
ACTUAL BUDGET FOR THE 2017-18 FISCAL YEAR.
SECTION 10. In Colorado Revised Statutes, 24-75-219, repeal
as added by Senate Bill 17-262 (2)(c.3)(I) and (2)(c.7)(I) as follows:
24-75-219. Transfers - transportation - capital construction
- definitions. (2)(c.3) On June 30, 2019, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
(c.7) On June 30, 2020, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
SECTION 11. In Colorado Revised Statutes, 24-77-103.6,
amend (6)(b)(I) as follows:
24-77-103.6. Retention of excess state revenues - general fund
exempt account - required uses - excess state revenues legislative
report. (6) As used in this section:
(b) (I) "Excess state revenues cap" for a given fiscal year means:
either of the following:
(A) If the voters of the state approve a ballot issue to authorize
the state to incur multiple-fiscal year obligations at the November 2005
statewide election, an amount that is equal to the highest total state
revenues for a fiscal year from the period of the 2005-06 fiscal year
through the 2009-10 fiscal year, adjusted each subsequent fiscal year for
inflation and the percentage change in state population, plus one hundred
million dollars, and adjusting such sum for the qualification or
disqualification of enterprises and debt service changes; or
(B) If the voters of the state do not approve a ballot issue to
authorize the state to incur multiple-fiscal year obligations at the
November 2005 statewide election, FOR EACH FISCAL YEAR UP TO AND
INCLUDING THE 2016-17 FISCAL YEAR, an amount that is equal to the
highest total state revenues for a fiscal year from the period of the
2005-06 fiscal year through the 2009-10 fiscal year, adjusted each
subsequent fiscal year for inflation, the percentage change in state
population, the qualification or disqualification of enterprises, and debt
service changes;
(C) FOR THE 2017-18 FISCAL YEAR, AN AMOUNT THAT IS EQUAL
TO THE EXCESS STATE REVENUES CAP FOR THE 2016-17 FISCAL YEAR
CALCULATED PURSUANT TO SUBSECTION (6)(b)(I)(B) OF THIS SECTION,
ADJUSTED FOR INFLATION, THE PERCENTAGE CHANGE IN STATE
POPULATION, THE QUALIFICATION OR DISQUALIFICATION OF ENTERPRISES,
AND DEBT SERVICE CHANGES, LESS TWO HUNDRED MILLION DOLLARS;
AND
(D) FOR THE 2018-19 FISCAL YEAR AND EACH SUCCEEDING FISCAL
YEAR, THE AMOUNT OF THE EXCESS STATE REVENUES CAP FOR THE
2017-18 FISCAL YEAR CALCULATED PURSUANT TO SUBSECTION
(6)(b)(I)(C) OF THIS SECTION, ADJUSTED EACH SUBSEQUENT FISCAL YEAR
FOR INFLATION, THE PERCENTAGE CHANGE IN STATE POPULATION, THE
QUALIFICATION OR DISQUALIFICATION OF ENTERPRISES, AND DEBT
SERVICE CHANGES.
SECTION 12. In Colorado Revised Statutes, add part 13 to
article 82 of title 24 as follows:

LEASE-PURCHASE AGREEMENTS FOR STATE PROPERTY
24-82-1301. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) DUE TO INSUFFICIENT FUNDING, NECESSARY HIGH-PRIORITY
STATE HIGHWAY PROJECTS AND STATE CAPITAL CONSTRUCTION PROJECTS,
INCLUDING PROJECTS AT STATE INSTITUTIONS OF HIGHER EDUCATION, IN
ALL AREAS OF THE STATE HAVE BEEN DELAYED, AND THE STATE HAS ALSO
DELAYED CRITICAL CONTROLLED MAINTENANCE AND UPKEEP OF STATE
CAPITAL ASSETS;
(b) BY ISSUING LEASE-PURCHASE AGREEMENTS USING STATE
BUILDINGS AS COLLATERAL AS AUTHORIZED BY THIS PART 13, THE STATE
CAN GENERATE SUFFICIENT FUNDS TO ACCELERATE THE COMPLETION OF
MANY OF THE NECESSARY HIGH-PRIORITY STATE HIGHWAY PROJECTS AND
CAPITAL CONSTRUCTION PROJECTS THAT HAVE BEEN DELAYED AND
BETTER MAINTAIN AND PRESERVE EXISTING STATE CAPITAL ASSETS;
(c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT A
MAJORITY OF THE ADDITIONAL FUNDING FOR STATE CAPITAL
CONSTRUCTION PROJECTS REALIZED FROM ISSUING LEASE-PURCHASE
AGREEMENTS BE USED FOR CONTROLLED MAINTENANCE AND UPKEEP OF
STATE CAPITAL ASSETS.
24-82-1302. Definitions. AS USED IN THIS PART 13, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "CAPITAL CONSTRUCTION" HAS THE SAME MEANING AS SET
FORTH IN SECTION 24-30-1301 (2).
(2) "CONTROLLED MAINTENANCE" HAS THE SAME MEANING AS
SET FORTH IN SECTION 24-30-1301 (4).
(3) "ELIGIBLE STATE FACILITY" MEANS ANY FINANCIALLY
UNENCUMBERED BUILDING, STRUCTURE, OR FACILITY THAT IS OWNED BY
THE STATE, INCLUDING A BUILDING, STRUCTURE, OR FACILITY
DETERMINED TO BE ELIGIBLE BY A GOVERNING BOARD OF A STATE
INSTITUTION OF HIGHER EDUCATION, AND DOES NOT INCLUDE ANY
BUILDING, STRUCTURE, OR FACILITY THAT IS PART OF THE STATE
EMERGENCY RESERVE FOR ANY STATE FISCAL YEAR AS DESIGNATED IN
THE ANNUAL GENERAL APPROPRIATION ACT.
(4) "STATE INSTITUTION OF HIGHER EDUCATION" MEANS A STATE
INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102
(10), AND THE AURARIA HIGHER EDUCATION CENTER CREATED IN ARTICLE
70 OF TITLE 23.
24-82-1303. Lease-purchase agreements for capital
construction and transportation projects. (1) ON OR BEFORE
DECEMBER 31, 2017, THE STATE ARCHITECT, THE DIRECTOR OF THE
OFFICE OF STATE PLANNING AND BUDGETING OR HIS OR HER DESIGNEE,
AND THE STATE INSTITUTIONS OF HIGHER EDUCATION SHALL IDENTIFY
AND PREPARE A COLLABORATIVE LIST OF ELIGIBLE STATE FACILITIES THAT
CAN BE COLLATERALIZED AS PART OF THE LEASE-PURCHASE AGREEMENTS
FOR CAPITAL CONSTRUCTION AND TRANSPORTATION PROJECTS
AUTHORIZED IN THIS PART 13. THE TOTAL CURRENT REPLACEMENT VALUE
OF THE IDENTIFIED BUILDINGS MUST EQUAL AT LEAST TWO BILLION
DOLLARS.
(2) (a) NOTWITHSTANDING THE PROVISIONS OF SECTIONS
24-82-102 (1)(b) AND 24-82-801, AND PURSUANT TO SECTION 24-36-121,
NO SOONER THAN JULY 1, 2018, THE STATE, ACTING BY AND THROUGH
THE STATE TREASURER, SHALL EXECUTE LEASE-PURCHASE AGREEMENTS,
EACH FOR NO MORE THAN TWENTY YEARS OF ANNUAL PAYMENTS, FOR
THE PROJECTS DESCRIBED IN SUBSECTION (4) OF THIS SECTION. THE STATE
SHALL EXECUTE THE LEASE-PURCHASE AGREEMENTS ONLY IN
ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(I) DURING THE 2018-19 STATE FISCAL YEAR, THE STATE SHALL
EXECUTE LEASE-PURCHASE AGREEMENTS IN AN AMOUNT UP TO FIVE
HUNDRED MILLION DOLLARS;
(II) DURING THE 2019-20 STATE FISCAL YEAR, THE STATE SHALL
EXECUTE LEASE-PURCHASE AGREEMENTS IN AN AMOUNT UP TO FIVE
HUNDRED MILLION DOLLARS;
(III) DURING THE 2020-21 STATE FISCAL YEAR, THE STATE SHALL
EXECUTE LEASE-PURCHASE AGREEMENTS IN AN AMOUNT UP TO FIVE
HUNDRED MILLION DOLLARS; AND
(IV) DURING THE 2021-22 FISCAL YEAR, THE STATE SHALL
EXECUTE LEASE-PURCHASE AGREEMENTS IN AN AMOUNT UP TO FIVE
HUNDRED MILLION DOLLARS.
(b) THE ANTICIPATED ANNUAL STATE-FUNDED PAYMENTS FOR THE
PRINCIPAL AND INTEREST COMPONENTS OF THE AMOUNT PAYABLE UNDER
ALL LEASE-PURCHASE AGREEMENTS ENTERED INTO PURSUANT TO
SUBSECTION (2)(a) OF THIS SECTION SHALL NOT EXCEED ONE HUNDRED
FIFTY MILLION DOLLARS.
(c) THE STATE, ACTING BY AND THROUGH THE STATE TREASURER,
AT THE STATE TREASURER'S SOLE DISCRETION, MAY ENTER INTO ONE OR
MORE LEASE-PURCHASE AGREEMENTS AUTHORIZED BY SUBSECTION (2)(a)
OF THIS SECTION WITH ANY FOR-PROFIT OR NONPROFIT CORPORATION,
TRUST, OR COMMERCIAL BANK AS A TRUSTEE AS THE LESSOR.
(d) ANY LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED
BY SUBSECTION (2)(a) OF THIS SECTION SHALL PROVIDE THAT ALL OF THE
OBLIGATIONS OF THE STATE UNDER THE AGREEMENT ARE SUBJECT TO THE
ACTION OF THE GENERAL ASSEMBLY IN ANNUALLY MAKING MONEY
AVAILABLE FOR ALL PAYMENTS THEREUNDER. PAYMENTS UNDER ANY
LEASE-PURCHASE AGREEMENT MUST BE MADE, SUBJECT TO ANNUAL
ALLOCATION PURSUANT TO SECTION 43-1-113 BY THE TRANSPORTATION
COMMISSION CREATED IN SECTION 43-1-106 (1) OR SUBJECT TO ANNUAL
APPROPRIATION BY THE GENERAL ASSEMBLY, AS APPLICABLE, FROM THE
FOLLOWING SOURCES OF MONEY:
(I) FIRST, NINE MILLION DOLLARS ANNUALLY, OR ANY LESSER
AMOUNT THAT IS SUFFICIENT TO MAKE EACH FULL PAYMENT DUE, SHALL
BE PAID FROM THE GENERAL FUND OR ANY OTHER LEGALLY AVAILABLE
SOURCE OF MONEY FOR THE PURPOSE OF FULLY FUNDING THE
CONTROLLED MAINTENANCE AND CAPITAL CONSTRUCTION PROJECTS IN
THE STATE TO BE FUNDED WITH THE PROCEEDS OF LEASE-PURCHASE
AGREEMENTS AS SPECIFIED IN SUBSECTION (4)(a) OF THIS SECTION;
(II) NEXT, FIFTY MILLION DOLLARS ANNUALLY, OR ANY LESSER
AMOUNT THAT IS SUFFICIENT TO MAKE EACH FULL PAYMENT DUE, SHALL
BE PAID FROM ANY LEGALLY AVAILABLE MONEY UNDER THE CONTROL OF
THE TRANSPORTATION COMMISSION SOLELY FOR THE PURPOSE OF
ALLOWING THE CONSTRUCTION, SUPERVISION, AND MAINTENANCE OF
STATE HIGHWAYS TO BE FUNDED WITH THE PROCEEDS OF
LEASE-PURCHASE AGREEMENTS AS SPECIFIED IN SUBSECTION (4)(b) OF
THIS SECTION AND SECTION 43-4-206 (1)(b)(V); AND
(III) THE REMAINDER OF THE AMOUNT NEEDED, IN ADDITION TO
THE AMOUNTS SPECIFIED IN SUBSECTIONs (2)(d)(I) AND (2)(d)(II) OF THIS
SECTION, TO MAKE EACH FULL PAYMENT DUE SHALL BE PAID FROM THE
GENERAL FUND OR ANY OTHER LEGALLY AVAILABLE SOURCE OF MONEY.
(e) EACH AGREEMENT MUST ALSO PROVIDE THAT THE
OBLIGATIONS OF THE STATE DO NOT CREATE STATE DEBT WITHIN THE
MEANING OF ANY PROVISION OF THE STATE CONSTITUTION OR STATE LAW
CONCERNING OR LIMITING THE CREATION OF STATE DEBT AND ARE NOT A
MULTIPLE FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION. IF THE STATE DOES NOT RENEW
A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY SUBSECTION
(2)(a) OF THIS SECTION, THE SOLE SECURITY AVAILABLE TO THE LESSOR
IS THE PROPERTY THAT IS THE SUBJECT OF THE NONRENEWED
LEASE-PURCHASE AGREEMENT.
(f) A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY
SUBSECTION (2)(a) OF THIS SECTION MAY CONTAIN SUCH TERMS,
PROVISIONS, AND CONDITIONS AS THE STATE TREASURER, ACTING ON
BEHALF OF THE STATE, DEEMS APPROPRIATE, INCLUDING ALL OPTIONAL
TERMS; EXCEPT THAT EACH LEASE-PURCHASE AGREEMENT MUST
SPECIFICALLY AUTHORIZE THE STATE OR THE GOVERNING BOARD OF THE
APPLICABLE STATE INSTITUTION OF HIGHER EDUCATION TO RECEIVE FEE
TITLE TO ALL REAL AND PERSONAL PROPERTY THAT IS THE SUBJECT OF
THE LEASE-PURCHASE AGREEMENT ON OR BEFORE THE EXPIRATION OF THE
TERMS OF THE AGREEMENT.
(g) ANY LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED
BY SUBSECTION (2)(a) OF THIS SECTION MAY PROVIDE FOR THE ISSUANCE,
DISTRIBUTION, AND SALE OF INSTRUMENTS EVIDENCING RIGHTS TO
RECEIVE RENTALS AND OTHER PAYMENTS MADE AND TO BE MADE UNDER
THE LEASE-PURCHASE AGREEMENT. THE INSTRUMENTS MAY BE ISSUED,
DISTRIBUTED, OR SOLD ONLY BY THE LESSOR OR ANY PERSON DESIGNATED
BY THE LESSOR AND NOT BY THE STATE. THE INSTRUMENTS DO NOT
CREATE A RELATIONSHIP BETWEEN THE PURCHASERS OF THE
INSTRUMENTS AND THE STATE OR CREATE ANY OBLIGATION ON THE PART
OF THE STATE TO THE PURCHASERS. THE INSTRUMENTS ARE NOT NOTES,
BONDS, OR ANY OTHER EVIDENCE OF STATE DEBT WITHIN THE MEANING
OF ANY PROVISION OF THE STATE CONSTITUTION OR STATE LAW
CONCERNING OR LIMITING THE CREATION OF STATE DEBT AND ARE NOT A
MULTIPLE FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION.
(h) INTEREST PAID UNDER A LEASE-PURCHASE AGREEMENT
AUTHORIZED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,
INCLUDING INTEREST REPRESENTED BY THE INSTRUMENTS, IS EXEMPT
FROM COLORADO INCOME TAX.
(i) THE STATE, ACTING BY AND THROUGH THE STATE TREASURER
AND THE GOVERNING BOARDS OF THE INSTITUTIONS OF HIGHER
EDUCATION, IS AUTHORIZED TO ENTER INTO ANCILLARY AGREEMENTS
AND INSTRUMENTS THAT ARE NECESSARY OR APPROPRIATE IN
CONNECTION WITH A LEASE-PURCHASE AGREEMENT, INCLUDING BUT NOT
LIMITED TO DEEDS, GROUND LEASES, SUB-LEASES, EASEMENTS, OR OTHER
INSTRUMENTS RELATING TO THE REAL PROPERTY ON WHICH THE
FACILITIES ARE LOCATED.
(j) THE PROVISIONS OF SECTION 24-30-202 (5)(b) DO NOT APPLY
TO A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY OR TO
ANY ANCILLARY AGREEMENT OR INSTRUMENT ENTERED INTO PURSUANT
TO THIS SUBSECTION (2). THE STATE CONTROLLER OR HIS OR HER
DESIGNEE SHALL WAIVE ANY PROVISION OF THE FISCAL RULES
PROMULGATED PURSUANT TO SECTION 24-30-202 (1) AND (13), THAT THE
STATE CONTROLLER FINDS INCOMPATIBLE OR INAPPLICABLE WITH
RESPECT TO A LEASE-PURCHASE AGREEMENT OR AN ANCILLARY
AGREEMENT OR INSTRUMENT.
(3) (a) BEFORE EXECUTING A LEASE-PURCHASE AGREEMENT
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION, IN ORDER TO PROTECT
AGAINST FUTURE INTEREST RATE INCREASES, THE STATE, ACTING BY AND
THROUGH THE STATE TREASURER AND AT THE DISCRETION OF THE STATE
TREASURER, MAY ENTER INTO AN INTEREST RATE EXCHANGE AGREEMENT
PURSUANT TO ARTICLE 59.3 OF TITLE 11. A LEASE-PURCHASE AGREEMENT
EXECUTED AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION IS A
PROPOSED PUBLIC SECURITY FOR THE PURPOSES OF ARTICLE 59.3 OF TITLE
11. ANY PAYMENTS MADE BY THE STATE UNDER AN AGREEMENT ENTERED
INTO PURSUANT TO THIS SUBSECTION (3) MUST BE MADE SOLELY FROM
MONEY MADE AVAILABLE TO THE STATE TREASURER FROM THE
EXECUTION OF A LEASE-PURCHASE AGREEMENT OR FROM MONEY
DESCRIBED IN SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS SECTION.
(b) ANY AGREEMENT ENTERED INTO PURSUANT TO THIS
SUBSECTION (3) MUST ALSO PROVIDE THAT THE OBLIGATIONS OF THE
STATE DO NOT CREATE STATE DEBT WITHIN THE MEANING OF ANY
PROVISION OF THE STATE CONSTITUTION OR STATE LAW CONCERNING OR
LIMITING THE CREATION OF STATE DEBT AND ARE NOT A MULTIPLE
FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION.
(c) ANY MONEY RECEIVED BY THE STATE UNDER AN AGREEMENT
ENTERED INTO PURSUANT TO THIS SUBSECTION (3) SHALL BE USED TO
MAKE PAYMENTS ON LEASE-PURCHASE AGREEMENTS ENTERED INTO
PURSUANT TO SUBSECTION (2) OF THIS SECTION OR TO PAY THE COSTS OF
THE PROJECT FOR WHICH A LEASE-PURCHASE AGREEMENT WAS EXECUTED.
(4) PROCEEDS OF LEASE-PURCHASE AGREEMENTS EXECUTED AS
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION SHALL BE USED AS
FOLLOWS:
(a) (I) THE FIRST ONE HUNDRED TWENTY MILLION DOLLARS OF
THE PROCEEDS OF LEASE-PURCHASE AGREEMENTS ISSUED DURING THE
2018-19 STATE FISCAL YEAR SHALL BE USED FOR CONTROLLED
MAINTENANCE AND CAPITAL CONSTRUCTION PROJECTS IN THE STATE AS
FOLLOWS:
(A) THIRTEEN MILLION SIX THOUSAND EIGHTY-ONE DOLLARS FOR
LEVEL I CONTROLLED MAINTENANCE;
(B) SIXTY MILLION SIX HUNDRED THIRTY-SEVEN THOUSAND
THREE HUNDRED FIVE DOLLARS FOR LEVEL II CONTROLLED
MAINTENANCE;
(C) FORTY MILLION TWO HUNDRED NINE THOUSAND FIVE
HUNDRED THIRTY-FIVE DOLLARS FOR LEVEL III CONTROLLED
MAINTENANCE; AND
(D) THE REMAINDER FOR CAPITAL CONSTRUCTION PROJECTS AS
PRIORITIZED BY THE CAPITAL DEVELOPMENT COMMITTEE.
(II) THE CAPITAL DEVELOPMENT COMMITTEE SHALL POST THE LIST
OF SPECIFIC CONTROLLED MAINTENANCE PROJECTS AND THE COST OF
EACH PROJECT FUNDED PURSUANT TO SUBSECTION (4)(a)(I)(A),
(4)(a)(I)(B), OR (4)(a)(I)(C) OF THIS SECTION ON ITS OFFICIAL WEBSITE NO
LATER THAN MAY 11, 2017.

(b) THE REMAINDER OF THE PROCEEDS SHALL BE CREDITED TO
THE STATE HIGHWAY FUND CREATED IN SECTION 43-1-219 AND USED BY
THE DEPARTMENT OF TRANSPORTATION IN ACCORDANCE WITH SECTION
43-4-206 (1)(b)(V).
SECTION 13. In Colorado Revised Statutes, 25.5-3-108, amend
(17) as follows:
25.5-3-108. Responsibility of the department of health care
policy and financing - provider reimbursement. (17) Subject to
adequate funding BEING made available under section 25.5-4-402.3
SECTION 25.5-4-402.4, the state department COLORADO HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY ENTERPRISE CREATED IN SECTION
25.5-4-402.4 (3) shall increase hospital reimbursements up to one
hundred percent of hospital costs for providing medical care under the
program.
SECTION 14. In Colorado Revised Statutes, 25.5-4-209, amend
(1)(b); and add (1)(c) and (1)(d) as follows:
25.5-4-209. Payments by third parties - copayments by
recipients - review - appeal - children's waiting list reduction fund.
(1) (b) Subject to any limitations imposed by Title XIX AND THE
REQUIREMENTS SET FORTH IN SUBSECTION (1)(c) OF THIS SECTION, a
recipient shall be required to MUST pay at the time of service a portion of
the cost of any medical benefit rendered to the recipient or to the
recipient's dependents pursuant to this article ARTICLE 4 or article 5 or 6
of this title TITLE 25.5, as determined by rule RULES of the state
department.
(c) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(c)(II)
OF THIS SECTION, ON AND AFTER JANUARY 1, 2018, FOR PHARMACY AND
FOR HOSPITAL OUTPATIENT SERVICES, INCLUDING URGENT CARE CENTERS
AND FACILITIES AND EMERGENCY SERVICES, THE RULES OF THE STATE
DEPARTMENT REQUIRED BY SUBSECTION (1)(b) OF THIS SECTION MUST
REQUIRE THE RECIPIENT TO PAY:
(A) FOR PHARMACY, AT LEAST DOUBLE THE AVERAGE AMOUNT
PAID BY RECIPIENTS IN STATE FISCAL YEAR 2015-16; OR
(B) FOR HOSPITAL OUTPATIENT SERVICES, AT LEAST DOUBLE THE
AMOUNT REQUIRED TO BE PAID AS SPECIFIED IN THE RULES AS OF
JANUARY 1, 2017.
(II) FOR BOTH PHARMACY AND HOSPITAL OUTPATIENT SERVICES,
THE AMOUNT REQUIRED TO BE PAID BY THE RECIPIENT SHALL NOT EXCEED
ANY SPECIFIED MAXIMUM DOLLAR AMOUNT ALLOWED BY FEDERAL LAW
OR REGULATIONS AS OF JANUARY 1, 2017.
(d) THE STATE DEPARTMENT SHALL EVALUATE OPTIONS TO
EXEMPT INDIVIDUALS WHO ARE QUALIFIED FOR INSTITUTIONAL CARE BUT
ARE INSTEAD ENROLLED IN HOME- AND COMMUNITY-BASED SERVICE
WAIVERS FROM THE INCREASED PAYMENT REQUIREMENTS SPECIFIED IN
SUBSECTION (1)(c) OF THIS SECTION.
SECTION 15. In Colorado Revised Statutes, 25.5-4-402, amend
(3)(a) as follows:
25.5-4-402. Providers - hospital reimbursement - rules.
(3) (a) In addition to the reimbursement rate process described in
subsection (1) of this section and subject to adequate funding BEING
made available pursuant to section 25.5-4-402.3 SECTION 25.5-4-402.4,
the state department COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE CREATED IN SECTION 25.5-4-402.4 (3) shall
pay an additional amount based upon performance to those hospitals that
provide services that improve health care outcomes for their patients.
This amount shall be determined by The state department SHALL
DETERMINE THIS AMOUNT based upon nationally recognized performance
measures established in rules adopted by the state board. The state quality
standards shall MUST be consistent with federal quality standards
published by an organization with expertise in health care quality,
including but not limited to, the centers for medicare and medicaid
services, the agency for healthcare research and quality, or the national
quality forum.
SECTION 16. In Colorado Revised Statutes, repeal as amended
by Senate Bill 17-256 25.5-4-402.3.
SECTION 17. In Colorado Revised Statutes, add 25.5-4-402.4
as follows:
25.5-4-402.4. Hospitals - healthcare affordability and
sustainability fee - legislative declaration - Colorado healthcare
affordability and sustainability enterprise - federal waiver - fund
created - rules. (1) Short title. THE SHORT TITLE OF THIS SECTION IS THE
"COLORADO HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
ENTERPRISE ACT OF 2017".
(2) Legislative declaration. THE GENERAL ASSEMBLY HEREBY
FINDS AND DECLARES THAT:
(a) THE STATE AND THE PROVIDERS OF PUBLICLY FUNDED
MEDICAL SERVICES, AND HOSPITALS IN PARTICULAR, SHARE A COMMON
COMMITMENT TO COMPREHENSIVE HEALTH CARE REFORM;
(b) HOSPITALS WITHIN THE STATE INCUR SIGNIFICANT COSTS BY
PROVIDING UNCOMPENSATED EMERGENCY DEPARTMENT CARE AND
OTHER UNCOMPENSATED MEDICAL SERVICES TO LOW-INCOME AND
UNINSURED POPULATIONS;
(c) THIS SECTION IS ENACTED AS PART OF A COMPREHENSIVE
HEALTH CARE REFORM AND IS INTENDED TO PROVIDE THE FOLLOWING
SERVICES AND BENEFITS TO HOSPITALS AND INDIVIDUALS:
(I) PROVIDING A PAYER SOURCE FOR SOME LOW-INCOME AND
UNINSURED POPULATIONS WHO MAY OTHERWISE BE CARED FOR IN
EMERGENCY DEPARTMENTS AND OTHER SETTINGS IN WHICH
UNCOMPENSATED CARE IS PROVIDED;
(II) REDUCING THE UNDERPAYMENT TO COLORADO HOSPITALS
PARTICIPATING IN PUBLICLY FUNDED HEALTH INSURANCE PROGRAMS;
(III) REDUCING THE NUMBER OF PERSONS IN COLORADO WHO ARE
WITHOUT HEALTH CARE BENEFITS;
(IV) REDUCING THE NEED OF HOSPITALS AND OTHER HEALTH
CARE PROVIDERS TO SHIFT THE COST OF PROVIDING UNCOMPENSATED
CARE TO OTHER PAYERS;
(V) EXPANDING ACCESS TO HIGH-QUALITY, AFFORDABLE HEALTH
CARE FOR LOW-INCOME AND UNINSURED POPULATIONS; AND
(VI) PROVIDING THE ADDITIONAL BUSINESS SERVICES SPECIFIED
IN SUBSECTION (4)(a)(IV) OF THIS SECTION TO HOSPITALS THAT PAY THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE CHARGED AND
COLLECTED AS AUTHORIZED BY SUBSECTION (4) OF THIS SECTION BY THE
COLORADO HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
ENTERPRISE CREATED IN SUBSECTION (3)(a) OF THIS SECTION;
(d) THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE PROVIDES BUSINESS SERVICES TO HOSPITALS
WHEN, IN EXCHANGE FOR PAYMENT OF HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEES BY HOSPITALS, IT:
(I) OBTAINS FEDERAL MATCHING MONEY AND RETURNS BOTH THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE AND THE
FEDERAL MATCHING MONEY TO HOSPITALS TO INCREASE REIMBURSEMENT
RATES TO HOSPITALS FOR PROVIDING MEDICAL CARE UNDER THE STATE
MEDICAL ASSISTANCE PROGRAM AND THE COLORADO INDIGENT CARE
PROGRAM AND TO INCREASE THE NUMBER OF INDIVIDUALS COVERED BY
PUBLIC MEDICAL ASSISTANCE; AND
(II) PROVIDES ADDITIONAL BUSINESS SERVICES TO HOSPITALS AS
SPECIFIED IN SUBSECTION (4)(a)(IV) OF THIS SECTION;
(e) IT IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF
THE STATE TO ACKNOWLEDGE THAT BY PROVIDING THE BUSINESS
SERVICES SPECIFIED IN SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS
SECTION, THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE ENGAGES IN AN ACTIVITY CONDUCTED IN
THE PURSUIT OF A BENEFIT, GAIN, OR LIVELIHOOD AND THEREFORE
OPERATES AS A BUSINESS;
(f) CONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2d 859 (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE
X OF THE STATE CONSTITUTION, IT IS THE CONCLUSION OF THE GENERAL
ASSEMBLY THAT THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE CHARGED AND COLLECTED BY THE COLORADO HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY ENTERPRISE IS A FEE, NOT A TAX,
BECAUSE THE FEE IS IMPOSED FOR THE SPECIFIC PURPOSES OF ALLOWING
THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE BUSINESS
SERVICES SPECIFIED IN SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS
SECTION TO HOSPITALS THAT PAY THE FEE AND IS COLLECTED AT RATES
THAT ARE REASONABLY CALCULATED BASED ON THE BENEFITS RECEIVED
BY THOSE HOSPITALS; AND
(g) SO LONG AS THE COLORADO HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR
PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE
REVENUES FROM THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE CHARGED AND COLLECTED BY THE ENTERPRISE ARE NOT STATE
FISCAL YEAR SPENDING, AS DEFINED IN SECTION 24-77-102 (17), OR STATE
REVENUES, AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DO NOT
COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED
BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE
EXCESS STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6
(6)(b)(I).
(3) (a) THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE, REFERRED TO IN THIS SECTION AS THE
"ENTERPRISE", IS CREATED. THE ENTERPRISE IS AND OPERATES AS A
GOVERNMENT-OWNED BUSINESS WITHIN THE STATE DEPARTMENT FOR THE
PURPOSE OF CHARGING AND COLLECTING THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE, LEVERAGING HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE REVENUE TO OBTAIN FEDERAL
MATCHING MONEY, AND UTILIZING AND DEPLOYING THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE REVENUE AND FEDERAL
MATCHING MONEY TO PROVIDE THE BUSINESS SERVICES SPECIFIED IN
SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS SECTION TO HOSPITALS
THAT PAY THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE.
(b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS
THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL
COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. SO LONG AS IT
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3)(b), THE
ENTERPRISE IS NOT SUBJECT TO ANY PROVISIONS OF SECTION 20 OF
ARTICLE X OF THE STATE CONSTITUTION.
(c) (I) THE REPEAL OF THE HOSPITAL PROVIDER FEE PROGRAM, AS
IT EXISTED PURSUANT TO SECTION 25.5-4-402.3 BEFORE ITS REPEAL,
EFFECTIVE JULY 1, 2017, BY SENATE BILL 17-267, ENACTED IN 2017, AND
THE CREATION OF THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE AS A NEW ENTERPRISE TO CHARGE AND
COLLECT A NEW HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE
AS AUTHORIZED BY SUBSECTION (4) OF THIS SECTION AND PROVIDE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE-FUNDED
BUSINESS SERVICES TO HOSPITALS THAT REPLACE AND SUPPLEMENT
SERVICES PREVIOUSLY FUNDED BY HOSPITAL PROVIDER FEES IS THE
CREATION OF A NEW GOVERNMENT-OWNED BUSINESS THAT PROVIDES
BUSINESS SERVICES TO HOSPITALS AS A NEW ENTERPRISE FOR PURPOSES
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, DOES NOT
CONSTITUTE THE QUALIFICATION OF AN EXISTING GOVERNMENT-OWNED
BUSINESS AS AN ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X
OF THE STATE CONSTITUTION OR SECTION 24-77-103.6 (6)(b)(II), AND,
THEREFORE, DOES NOT REQUIRE OR AUTHORIZE ADJUSTMENT OF THE
STATE FISCAL YEAR SPENDING LIMIT CALCULATED PURSUANT TO SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS STATE
REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I).
(II) NOTWITHSTANDING SUBSECTION (3)(c)(I) OF THIS SECTION,
BECAUSE THE REPEAL OF THE HOSPITAL PROVIDER FEE PROGRAM, AS IT
EXISTED PURSUANT TO SECTION 25.5-4-402.3 BEFORE ITS REPEAL BY
SENATE BILL 17-267, ENACTED IN 2017, WILL ALLOW THE STATE TO
SPEND MORE GENERAL FUND MONEY FOR GENERAL GOVERNMENTAL
PURPOSES THAN IT WOULD OTHERWISE BE ABLE TO SPEND BELOW THE
EXCESS STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6
(6)(b)(I), IT IS APPROPRIATE TO RESTRAIN THE GROWTH OF GOVERNMENT
BY LOWERING THE BASE AMOUNT USED TO CALCULATE THE EXCESS STATE
REVENUES CAP FOR THE 2017-18 STATE FISCAL YEAR BY TWO HUNDRED
MILLION DOLLARS.
(d) THE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE:
(I) TO CHARGE AND COLLECT THE HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY FEE AS SPECIFIED IN SUBSECTION (4) OF THIS
SECTION;
(II) TO LEVERAGE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE REVENUE COLLECTED TO OBTAIN FEDERAL
MATCHING MONEY, WORKING WITH OR THROUGH THE STATE DEPARTMENT
AND THE STATE BOARD TO THE EXTENT REQUIRED BY FEDERAL LAW OR
OTHERWISE NECESSARY;
(III) TO EXPEND HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE REVENUE, MATCHING FEDERAL MONEY, AND ANY
OTHER MONEY FROM THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE CASH FUND AS SPECIFIED IN SUBSECTIONS (4) AND (5)
OF THIS SECTION;
(IV) TO ISSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF
THE ENTERPRISE;
(V) TO ENTER INTO AGREEMENTS WITH THE STATE DEPARTMENT
TO THE EXTENT NECESSARY TO COLLECT AND EXPEND HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE REVENUE;
(VI) TO 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 AS SPECIFIED IN SUBSECTION (4)(a)(IV) OF THIS
SECTION; AND
(VII) TO ADOPT AND AMEND OR REPEAL POLICIES FOR THE
REGULATION OF ITS AFFAIRS AND THE CONDUCT OF ITS BUSINESS
CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
(e) THE ENTERPRISE SHALL EXERCISE ITS POWERS AND PERFORM
ITS DUTIES AS IF THE SAME WERE TRANSFERRED TO THE STATE
DEPARTMENT BY A TYPE 2 TRANSFER, AS DEFINED IN SECTION 24-1-105.
(4) Healthcare affordability and sustainability fee. (a) FOR
THE FISCAL YEAR COMMENCING JULY 1, 2017, AND FOR EACH FISCAL
YEAR THEREAFTER, THE ENTERPRISE IS AUTHORIZED TO CHARGE AND
COLLECT A HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE, AS
DESCRIBED IN 42 CFR 433.68 (b), ON OUTPATIENT AND INPATIENT
SERVICES PROVIDED BY ALL LICENSED OR CERTIFIED HOSPITALS,
REFERRED TO IN THIS SECTION AS "HOSPITALS", FOR THE PURPOSE OF
OBTAINING FEDERAL FINANCIAL PARTICIPATION UNDER THE STATE
MEDICAL ASSISTANCE PROGRAM AS DESCRIBED IN THIS ARTICLE 4 AND
ARTICLES 5 AND 6 OF THIS TITLE 25.5, REFERRED TO IN THIS SECTION AS
THE "STATE MEDICAL ASSISTANCE PROGRAM", AND THE COLORADO
INDIGENT CARE PROGRAM DESCRIBED IN PART 1 OF ARTICLE 3 OF THIS
TITLE 25.5, REFERRED TO IN THIS SECTION AS THE "COLORADO INDIGENT
CARE PROGRAM". THE ENTERPRISE SHALL USE THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE REVENUE TO:
(I) PROVIDE A BUSINESS SERVICE TO HOSPITALS BY INCREASING
REIMBURSEMENT TO HOSPITALS FOR PROVIDING MEDICAL CARE UNDER:
(A) THE STATE MEDICAL ASSISTANCE PROGRAM; AND
(B) THE COLORADO INDIGENT CARE PROGRAM;
(II) PROVIDE A BUSINESS SERVICE TO HOSPITALS BY INCREASING
THE NUMBER OF INDIVIDUALS COVERED BY PUBLIC MEDICAL ASSISTANCE
AND THEREBY REDUCING THE AMOUNT OF UNCOMPENSATED CARE THAT
THE HOSPITALS MUST PROVIDE;
(III) PAY THE ADMINISTRATIVE COSTS TO THE ENTERPRISE IN
IMPLEMENTING AND ADMINISTERING THIS SECTION SUBJECT TO THE
LIMITATION THAT ADMINISTRATIVE COSTS OF THE ENTERPRISE ARE
LIMITED TO THREE PERCENT OF THE ENTERPRISE'S EXPENDITURES BASED
ON A METHODOLOGY APPROVED BY THE OFFICE OF STATE PLANNING AND
BUDGETING AND THE STAFF OF THE JOINT BUDGET COMMITTEE OF THE
GENERAL ASSEMBLY; AND
(IV) PROVIDE OR CONTRACT FOR OR ARRANGE THE PROVISION OF
ADDITIONAL BUSINESS SERVICES TO HOSPITALS BY:
(A) CONSULTING WITH HOSPITALS TO HELP THEM IMPROVE BOTH
COST EFFICIENCY AND PATIENT SAFETY IN PROVIDING MEDICAL SERVICES
AND THE CLINICAL EFFECTIVENESS OF THOSE SERVICES;
(B) ADVISING HOSPITALS REGARDING POTENTIAL CHANGES TO
FEDERAL AND STATE LAWS AND REGULATIONS THAT GOVERN THE
PROVISION OF AND REIMBURSEMENT PAID FOR MEDICAL SERVICES UNDER
THE PROGRAMS ADMINISTERED PURSUANT TO THIS ARTICLE 4 AND
ARTICLES 5 AND 6 OF THIS TITLE 25.5;
(C) PROVIDING COORDINATED SERVICES TO HOSPITALS TO HELP
THEM ADAPT AND TRANSITION TO ANY NEW OR MODIFIED PERFORMANCE
TRACKING AND PAYMENT SYSTEMS FOR THE PROGRAMS ADMINISTERED
PURSUANT TO THIS ARTICLE 4 AND ARTICLES 5 AND 6 OF THIS TITLE 25.5,
WHICH MAY INCLUDE DATA SHARING, TELEHEALTH COORDINATION AND
SUPPORT, ESTABLISHMENT OF PERFORMANCE METRICS, BENCHMARKING
TO SUCH METRICS, AND CLINICAL AND ADMINISTRATIVE PROCESS
CONSULTING AND OTHER APPROPRIATE SERVICES;
(D) PROVIDING ANY OTHER SERVICES TO HOSPITALS THAT AID
THEM IN EFFICIENTLY AND EFFECTIVELY PARTICIPATING IN THE PROGRAMS
ADMINISTERED PURSUANT TO THIS ARTICLE 4 AND ARTICLES 5 AND 6 OF
THIS TITLE 25.5; AND
(E) PROVIDING FUNDING FOR, AND IN COOPERATION WITH THE
STATE DEPARTMENT AND HOSPITALS SUPPORTING THE IMPLEMENTATION
OF, A HEALTH CARE DELIVERY SYSTEM REFORM INCENTIVE PAYMENTS
PROGRAM AS DESCRIBED IN SUBSECTION (8) OF THIS SECTION.
(b) THE ENTERPRISE SHALL RECOMMEND FOR APPROVAL AND
ESTABLISHMENT BY THE STATE BOARD THE AMOUNT OF THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE THAT IT INTENDS TO CHARGE
AND COLLECT. THE STATE BOARD MUST ESTABLISH THE FINAL AMOUNT
OF THE FEE BY RULES PROMULGATED IN ACCORDANCE WITH ARTICLE 4 OF
TITLE 24. THE STATE BOARD SHALL NOT ESTABLISH ANY AMOUNT THAT
EXCEEDS THE FEDERAL LIMIT FOR SUCH FEES. THE STATE BOARD MAY
DEVIATE FROM THE RECOMMENDATIONS OF THE ENTERPRISE, BUT SHALL
EXPRESS IN WRITING THE REASONS FOR ANY DEVIATIONS. IN
ESTABLISHING THE AMOUNT OF THE FEE AND IN PROMULGATING THE
RULES GOVERNING THE FEE, THE STATE BOARD SHALL:
(I) CONSIDER RECOMMENDATIONS OF THE ENTERPRISE;
(II) ESTABLISH THE AMOUNT OF THE HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY FEE SO THAT THE AMOUNT COLLECTED FROM THE
FEE AND FEDERAL MATCHING FUNDS ASSOCIATED WITH THE FEE ARE
SUFFICIENT TO PAY FOR THE ITEMS DESCRIBED IN SUBSECTION (4)(a) OF
THIS SECTION, BUT NOTHING IN THIS SUBSECTION (4)(b)(II) REQUIRES THE
STATE BOARD TO INCREASE THE FEE ABOVE THE AMOUNT RECOMMENDED
BY THE ENTERPRISE; AND
(III) FOR THE 2017-18 FISCAL YEAR, ESTABLISH THE AMOUNT OF
THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE SO THAT THE
AMOUNT COLLECTED FROM THE FEE IS APPROXIMATELY EQUAL TO THE
SUM OF THE AMOUNTS OF THE APPROPRIATIONS SPECIFIED FOR THE FEE IN
THE GENERAL APPROPRIATION ACT, SENATE BILL 17-254, ENACTED IN
2017, AND ANY OTHER SUPPLEMENTAL APPROPRIATION ACT.
(c) (I) IN ACCORDANCE WITH THE REDISTRIBUTIVE METHOD SET
FORTH IN 42 CFR 433.68 (e)(1) AND (e)(2), THE ENTERPRISE, ACTING IN
CONCERT WITH OR THROUGH AN AGREEMENT WITH THE STATE
DEPARTMENT IF REQUIRED BY FEDERAL LAW, MAY SEEK A WAIVER FROM
THE BROAD-BASED HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE REQUIREMENT OR THE UNIFORM HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE REQUIREMENT, OR BOTH. IN ADDITION, THE
ENTERPRISE, ACTING IN CONCERT WITH OR THROUGH AN AGREEMENT
WITH THE STATE DEPARTMENT IF REQUIRED BY FEDERAL LAW, SHALL SEEK
ANY FEDERAL WAIVER NECESSARY TO FUND AND, IN COOPERATION WITH
THE STATE DEPARTMENT AND HOSPITALS, SUPPORT THE IMPLEMENTATION
OF A HEALTH CARE DELIVERY SYSTEM REFORM INCENTIVE PAYMENTS
PROGRAM AS DESCRIBED IN SUBSECTION (8) OF THIS SECTION. SUBJECT TO
FEDERAL APPROVAL AND TO MINIMIZE THE FINANCIAL IMPACT ON
CERTAIN HOSPITALS, THE ENTERPRISE MAY EXEMPT FROM PAYMENT OF
THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE CERTAIN
TYPES OF HOSPITALS, INCLUDING BUT NOT LIMITED TO:
(A) PSYCHIATRIC HOSPITALS, AS LICENSED BY THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT;
(B) HOSPITALS THAT ARE LICENSED AS GENERAL HOSPITALS AND
CERTIFIED AS LONG-TERM CARE HOSPITALS BY THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT;
(C) CRITICAL ACCESS HOSPITALS THAT ARE LICENSED AS GENERAL
HOSPITALS AND ARE CERTIFIED BY THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT UNDER 42 CFR PART 485, SUBPART F;
(D) INPATIENT REHABILITATION FACILITIES; OR
(E) HOSPITALS SPECIFIED FOR EXEMPTION UNDER 42 CFR 433.68
(e).
(II) IN DETERMINING WHETHER A HOSPITAL MAY BE EXCLUDED,
THE ENTERPRISE SHALL USE ONE OR MORE OF THE FOLLOWING CRITERIA:
(A) A HOSPITAL THAT IS LOCATED IN A RURAL AREA;
(B) A HOSPITAL WITH WHICH THE STATE DEPARTMENT DOES NOT
CONTRACT TO PROVIDE SERVICES UNDER THE STATE MEDICAL ASSISTANCE
PROGRAM;
(C) A HOSPITAL WHOSE INCLUSION OR EXCLUSION WOULD NOT
SIGNIFICANTLY AFFECT THE NET BENEFIT TO HOSPITALS PAYING THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE; OR
(D) A HOSPITAL THAT MUST BE INCLUDED TO RECEIVE FEDERAL
APPROVAL.
(III) THE ENTERPRISE MAY REDUCE THE AMOUNT OF THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE FOR CERTAIN
HOSPITALS TO OBTAIN FEDERAL APPROVAL AND TO MINIMIZE THE
FINANCIAL IMPACT ON CERTAIN HOSPITALS. IN DETERMINING FOR WHICH
HOSPITALS THE ENTERPRISE MAY REDUCE THE AMOUNT OF THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE, THE ENTERPRISE
SHALL USE ONE OR MORE OF THE FOLLOWING CRITERIA:
(A) THE HOSPITAL IS A TYPE OF HOSPITAL DESCRIBED IN
SUBSECTION (4)(c)(I) OF THIS SECTION;
(B) THE HOSPITAL IS LOCATED IN A RURAL AREA;
(C) THE HOSPITAL SERVES A HIGHER PERCENTAGE THAN THE
AVERAGE HOSPITAL OF PERSONS COVERED BY THE STATE MEDICAL
ASSISTANCE PROGRAM, MEDICARE, OR COMMERCIAL INSURANCE OR
PERSONS ENROLLED IN A MANAGED CARE ORGANIZATION;
(D) THE HOSPITAL DOES NOT CONTRACT WITH THE STATE
DEPARTMENT TO PROVIDE SERVICES UNDER THE STATE MEDICAL
ASSISTANCE PROGRAM;
(E) IF THE HOSPITAL PAID A REDUCED HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE, THE REDUCED FEE WOULD NOT
SIGNIFICANTLY AFFECT THE NET BENEFIT TO HOSPITALS PAYING THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE; OR
(F) THE HOSPITAL IS REQUIRED NOT TO PAY A REDUCED
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE AS A CONDITION
OF FEDERAL APPROVAL.
(IV) THE ENTERPRISE MAY CHANGE HOW IT PAYS HOSPITAL
REIMBURSEMENT OR QUALITY INCENTIVE PAYMENTS, OR BOTH, IN WHOLE
OR IN PART, UNDER THE AUTHORITY OF A FEDERAL WAIVER IF THE TOTAL
REIMBURSEMENT TO HOSPITALS IS EQUAL TO OR ABOVE THE FEDERAL
UPPER PAYMENT LIMIT CALCULATION UNDER THE WAIVER.
(d) THE ENTERPRISE MAY ALTER THE PROCESS PRESCRIBED IN THIS
SUBSECTION (4) TO THE EXTENT NECESSARY TO MEET THE FEDERAL
REQUIREMENTS AND TO OBTAIN FEDERAL APPROVAL.
(e) (I) THE ENTERPRISE SHALL ESTABLISH POLICIES ON THE
CALCULATION, ASSESSMENT, AND TIMING OF THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE. THE ENTERPRISE SHALL ASSESS
THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE ON A
SCHEDULE TO BE SET BY THE ENTERPRISE BOARD AS PROVIDED IN
SUBSECTION (7)(d) OF THIS SECTION. THE PERIODIC HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE PAYMENTS FROM A HOSPITAL
AND THE ENTERPRISE'S REIMBURSEMENT TO THE HOSPITAL UNDER
SUBSECTIONS (5)(b)(I) AND (5)(b)(II) OF THIS SECTION ARE DUE AS
NEARLY SIMULTANEOUSLY AS FEASIBLE; EXCEPT THAT THE ENTERPRISE'S
REIMBURSEMENT TO THE HOSPITAL IS DUE NO MORE THAN TWO DAYS
AFTER THE PERIODIC HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE PAYMENT IS RECEIVED FROM THE HOSPITAL. THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE MUST BE IMPOSED ON EACH
HOSPITAL EVEN IF MORE THAN ONE HOSPITAL IS OWNED BY THE SAME
ENTITY. THE FEE MUST BE PRORATED AND ADJUSTED FOR THE EXPECTED
VOLUME OF SERVICE FOR ANY YEAR IN WHICH A HOSPITAL OPENS OR
CLOSES.
(II) THE ENTERPRISE IS AUTHORIZED TO REFUND ANY UNUSED
PORTION OF THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE.
FOR ANY PORTION OF THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE THAT HAS BEEN COLLECTED BY THE ENTERPRISE BUT
FOR WHICH THE ENTERPRISE HAS NOT RECEIVED FEDERAL MATCHING
FUNDS, THE ENTERPRISE SHALL REFUND BACK TO THE HOSPITAL THAT
PAID THE FEE THE AMOUNT OF THAT PORTION OF THE FEE WITHIN FIVE
BUSINESS DAYS AFTER THE FEE IS COLLECTED.
(III) THE ENTERPRISE SHALL ESTABLISH REQUIREMENTS FOR THE
REPORTS THAT HOSPITALS MUST SUBMIT TO THE ENTERPRISE TO ALLOW
THE ENTERPRISE TO CALCULATE THE AMOUNT OF THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE. NOTWITHSTANDING THE
PROVISIONS OF PART 2 OF ARTICLE 72 OF TITLE 24 OR SUBSECTION (7)(f)
OF THIS SECTION, INFORMATION PROVIDED TO THE ENTERPRISE PURSUANT
TO THIS SECTION IS CONFIDENTIAL AND IS NOT A PUBLIC RECORD.
NONETHELESS, THE ENTERPRISE MAY PREPARE AND RELEASE SUMMARIES
OF THE REPORTS TO THE PUBLIC.
(f) A HOSPITAL SHALL NOT INCLUDE ANY AMOUNT OF THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE AS A SEPARATE
LINE ITEM IN ITS BILLING STATEMENTS.
(g) THE STATE BOARD SHALL PROMULGATE ANY RULES PURSUANT
TO THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE
24, NECESSARY FOR THE ADMINISTRATION AND IMPLEMENTATION OF THIS
SECTION. PRIOR TO SUBMITTING ANY PROPOSED RULES CONCERNING THE
ADMINISTRATION OR IMPLEMENTATION OF THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE TO THE STATE BOARD, THE
ENTERPRISE SHALL CONSULT WITH THE STATE BOARD ON THE PROPOSED
RULES AS SPECIFIED IN SUBSECTION (7)(d) OF THIS SECTION.
(5) Healthcare affordability and sustainability fee cash fund.
(a) ANY HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE
COLLECTED PURSUANT TO THIS SECTION BY THE ENTERPRISE MUST BE
TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE FEE TO
THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE CASH FUND,
WHICH FUND IS HEREBY CREATED AND REFERRED TO IN THIS SECTION AS
THE "FUND". THE STATE TREASURER SHALL CREDIT ALL INTEREST AND
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
FUND TO THE FUND. THE STATE TREASURER SHALL INVEST ANY MONEY IN
THE FUND NOT EXPENDED FOR THE PURPOSES SPECIFIED IN SUBSECTION
(5)(b) OF THIS SECTION AS PROVIDED BY LAW. MONEY IN THE FUND SHALL
NOT BE TRANSFERRED TO ANY OTHER FUND AND SHALL NOT BE USED FOR
ANY PURPOSE OTHER THAN THE PURPOSES SPECIFIED IN THIS SUBSECTION
(5) AND IN SUBSECTION (4) OF THIS SECTION.
(b) ALL MONEY IN THE FUND IS SUBJECT TO FEDERAL MATCHING
AS AUTHORIZED UNDER FEDERAL LAW AND IS CONTINUOUSLY
APPROPRIATED TO THE ENTERPRISE FOR THE FOLLOWING PURPOSES:
(I) TO MAXIMIZE THE INPATIENT AND OUTPATIENT HOSPITAL
REIMBURSEMENTS TO UP TO THE UPPER PAYMENT LIMITS AS DEFINED IN
42 CFR 447.272 AND 42 CFR 447.321;
(II) TO INCREASE HOSPITAL REIMBURSEMENTS UNDER THE
COLORADO INDIGENT CARE PROGRAM TO UP TO ONE HUNDRED PERCENT
OF THE HOSPITAL'S COSTS OF PROVIDING MEDICAL CARE UNDER THE
PROGRAM;
(III) TO PAY THE QUALITY INCENTIVE PAYMENTS PROVIDED IN
SECTION 25.5-4-402 (3);
(IV) SUBJECT TO AVAILABLE REVENUE FROM THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE AND FEDERAL MATCHING
FUNDS, TO EXPAND ELIGIBILITY FOR PUBLIC MEDICAL ASSISTANCE BY:
(A) INCREASING THE ELIGIBILITY LEVEL FOR PARENTS AND
CARETAKER RELATIVES OF CHILDREN WHO ARE ELIGIBLE FOR MEDICAL
ASSISTANCE, PURSUANT TO SECTION 25.5-5-201 (1)(m), FROM SIXTY-ONE
PERCENT TO ONE HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL
POVERTY LINE;
(B) INCREASING THE ELIGIBILITY LEVEL FOR CHILDREN AND
PREGNANT WOMEN UNDER THE CHILDREN'S BASIC HEALTH PLAN TO UP TO
TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE;
(C) PROVIDING ELIGIBILITY UNDER THE STATE MEDICAL
ASSISTANCE PROGRAM FOR A CHILDLESS ADULT OR AN ADULT WITHOUT
A DEPENDENT CHILD IN THE HOME, PURSUANT TO SECTION 25.5-5-201
(1)(p), WHO EARNS UP TO ONE HUNDRED THIRTY-THREE PERCENT OF THE
FEDERAL POVERTY LINE; AND
(D) PROVIDING A BUY-IN PROGRAM IN THE STATE MEDICAL
ASSISTANCE PROGRAM FOR DISABLED ADULTS AND CHILDREN WHOSE
FAMILIES HAVE INCOME OF UP TO FOUR HUNDRED FIFTY PERCENT OF THE
FEDERAL POVERTY LINE;
(V) TO PROVIDE CONTINUOUS ELIGIBILITY FOR TWELVE MONTHS
FOR CHILDREN ENROLLED IN THE STATE MEDICAL ASSISTANCE PROGRAM;
(VI) TO PAY THE ENTERPRISE'S ACTUAL ADMINISTRATIVE COSTS
OF IMPLEMENTING AND ADMINISTERING THIS SECTION, INCLUDING BUT
NOT LIMITED TO THE FOLLOWING COSTS:
(A) ADMINISTRATIVE EXPENSES OF THE ENTERPRISE;
(B) THE ENTERPRISE'S ACTUAL COSTS RELATED TO IMPLEMENTING
AND MAINTAINING THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE, INCLUDING PERSONAL SERVICES, OPERATING, AND
CONSULTING EXPENSES;
(C) THE ENTERPRISE'S ACTUAL COSTS FOR THE CHANGES AND
UPDATES TO THE MEDICAID MANAGEMENT INFORMATION SYSTEM FOR THE
IMPLEMENTATION OF SUBSECTIONS (5)(b)(I) TO (5)(b)(III) OF THIS
SECTION;
(D) THE ENTERPRISE'S PERSONAL SERVICES AND OPERATING COSTS
RELATED TO PERSONNEL, CONSULTING SERVICES, AND FOR REVIEW OF
HOSPITAL COSTS NECESSARY TO IMPLEMENT AND ADMINISTER THE
INCREASES IN INPATIENT AND OUTPATIENT HOSPITAL PAYMENTS MADE
PURSUANT TO SUBSECTION (5)(b)(I) OF THIS SECTION, INCREASES IN THE
COLORADO INDIGENT CARE PROGRAM PAYMENTS MADE PURSUANT TO
SUBSECTION (5)(b)(II) OF THIS SECTION, AND QUALITY INCENTIVE
PAYMENTS MADE PURSUANT TO SUBSECTION (5)(b)(III) OF THIS SECTION;
(E) THE ENTERPRISE'S ACTUAL COSTS FOR THE CHANGES AND
UPDATES TO THE COLORADO BENEFITS MANAGEMENT SYSTEM AND
MEDICAID MANAGEMENT INFORMATION SYSTEM TO IMPLEMENT AND
MAINTAIN THE EXPANDED ELIGIBILITY PROVIDED FOR IN SUBSECTIONS
(5)(b)(IV) AND (5)(b)(V) OF THIS SECTION;
(F) THE ENTERPRISE'S PERSONAL SERVICES AND OPERATING COSTS
RELATED TO PERSONNEL NECESSARY TO IMPLEMENT AND ADMINISTER THE
EXPANDED ELIGIBILITY FOR PUBLIC MEDICAL ASSISTANCE PROVIDED FOR
IN SUBSECTIONS (5)(b)(IV) AND (5)(b)(V) OF THIS SECTION, INCLUDING
BUT NOT LIMITED TO ADMINISTRATIVE COSTS ASSOCIATED WITH THE
DETERMINATION OF ELIGIBILITY FOR PUBLIC MEDICAL ASSISTANCE BY
COUNTY DEPARTMENTS; AND
(G) THE ENTERPRISE'S PERSONAL SERVICES, OPERATING, AND
SYSTEMS COSTS RELATED TO EXPANDING THE OPPORTUNITY FOR
INDIVIDUALS TO APPLY FOR PUBLIC MEDICAL ASSISTANCE DIRECTLY AT
HOSPITALS OR THROUGH ANOTHER ENTITY OUTSIDE THE COUNTY
DEPARTMENTS, IN CONNECTION WITH SECTION 25.5-4-205, THAT WOULD
INCREASE ACCESS TO PUBLIC MEDICAL ASSISTANCE AND REDUCE THE
NUMBER OF UNINSURED SERVED BY HOSPITALS;
(VII) TO OFFSET THE LOSS OF ANY FEDERAL MATCHING MONEY
DUE TO A DECREASE IN THE CERTIFICATION OF THE PUBLIC EXPENDITURE
PROCESS FOR OUTPATIENT HOSPITAL SERVICES FOR MEDICAL SERVICES
PREMIUMS THAT WERE IN EFFECT AS OF JULY 1, 2008;
(VIII) SUBJECT TO ANY NECESSARY FEDERAL WAIVERS BEING
OBTAINED, TO PROVIDE FUNDING FOR A HEALTH CARE DELIVERY SYSTEM
REFORM INCENTIVE PAYMENTS PROGRAM AS DESCRIBED IN SUBSECTION
(8) OF THIS SECTION; AND
(IX) TO PROVIDE ADDITIONAL BUSINESS SERVICES TO HOSPITALS
AS SPECIFIED IN SUBSECTION (4)(a)(IV) OF THIS SECTION.
(6) Appropriations. (a) (I) THE HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY FEE IS TO SUPPLEMENT, NOT SUPPLANT, GENERAL
FUND APPROPRIATIONS TO SUPPORT HOSPITAL REIMBURSEMENTS.
GENERAL FUND APPROPRIATIONS FOR HOSPITAL REIMBURSEMENTS SHALL
BE MAINTAINED AT THE LEVEL OF APPROPRIATIONS IN THE MEDICAL
SERVICES PREMIUM LINE ITEM MADE FOR THE FISCAL YEAR COMMENCING
JULY 1, 2008; EXCEPT THAT GENERAL FUND APPROPRIATIONS FOR
HOSPITAL REIMBURSEMENTS MAY BE REDUCED IF AN INDEX OF
APPROPRIATIONS TO OTHER PROVIDERS SHOWS THAT GENERAL FUND
APPROPRIATIONS ARE REDUCED FOR OTHER PROVIDERS. IF THE INDEX
SHOWS THAT GENERAL FUND APPROPRIATIONS ARE REDUCED FOR OTHER
PROVIDERS, THE GENERAL FUND APPROPRIATIONS FOR HOSPITAL
REIMBURSEMENTS SHALL NOT BE REDUCED BY A GREATER PERCENTAGE
THAN THE REDUCTIONS OF APPROPRIATIONS FOR THE OTHER PROVIDERS
AS SHOWN BY THE INDEX.
(II) IF GENERAL FUND APPROPRIATIONS FOR HOSPITAL
REIMBURSEMENTS ARE REDUCED BELOW THE LEVEL OF APPROPRIATIONS
IN THE MEDICAL SERVICES PREMIUM LINE ITEM MADE FOR THE FISCAL
YEAR COMMENCING JULY 1, 2008, THE GENERAL FUND APPROPRIATIONS
WILL BE INCREASED BACK TO THE LEVEL OF APPROPRIATIONS IN THE
MEDICAL SERVICES PREMIUM LINE ITEM MADE FOR THE FISCAL YEAR
COMMENCING JULY 1, 2008, AT THE SAME PERCENTAGE AS THE
APPROPRIATIONS FOR OTHER PROVIDERS AS SHOWN BY THE INDEX. THE
GENERAL ASSEMBLY IS NOT OBLIGATED TO INCREASE THE GENERAL FUND
APPROPRIATIONS BACK TO THE LEVEL OF APPROPRIATIONS IN THE
MEDICAL SERVICES PREMIUM LINE ITEM IN A SINGLE FISCAL YEAR AND
SUCH INCREASES MAY OCCUR OVER NONCONSECUTIVE FISCAL YEARS.
(III) FOR PURPOSES OF THIS SUBSECTION (6)(a), THE "INDEX OF
APPROPRIATIONS TO OTHER PROVIDERS" OR "INDEX" MEANS THE AVERAGE
PERCENT CHANGE IN REIMBURSEMENT RATES THROUGH APPROPRIATIONS
OR LEGISLATION ENACTED BY THE GENERAL ASSEMBLY TO HOME HEALTH
PROVIDERS, PHYSICIAN SERVICES, AND OUTPATIENT PHARMACIES,
EXCLUDING DISPENSING FEES. THE STATE BOARD, AFTER CONSULTATION
WITH THE ENTERPRISE BOARD, IS AUTHORIZED TO CLARIFY THIS
DEFINITION AS NECESSARY BY RULE.
(b) IF THE REVENUE FROM THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE IS INSUFFICIENT TO FULLY FUND ALL OF THE
PURPOSES DESCRIBED IN SUBSECTION (5)(b) OF THIS SECTION:
(I) THE GENERAL ASSEMBLY IS NOT OBLIGATED TO APPROPRIATE
GENERAL FUND REVENUES TO FUND SUCH PURPOSES;
(II) THE HOSPITAL PROVIDER REIMBURSEMENT AND QUALITY
INCENTIVE PAYMENT INCREASES DESCRIBED IN SUBSECTIONS (5)(b)(I) TO
(5)(b)(III) OF THIS SECTION AND THE COSTS DESCRIBED IN SUBSECTION
(5)(b)(VI) OF THIS SECTION SHALL BE FULLY FUNDED USING REVENUE
FROM THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE AND
FEDERAL MATCHING FUNDS BEFORE ANY ELIGIBILITY EXPANSION IS
FUNDED; AND
(III) (A) IF THE STATE BOARD PROMULGATES RULES THAT EXPAND
ELIGIBILITY FOR MEDICAL ASSISTANCE TO BE PAID FOR PURSUANT TO
SUBSECTION (5)(b)(IV) OF THIS SECTION, AND THE STATE DEPARTMENT
THEREAFTER NOTIFIES THE ENTERPRISE BOARD THAT THE REVENUE
AVAILABLE FROM THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE AND THE FEDERAL MATCHING FUNDS WILL NOT BE SUFFICIENT TO PAY
FOR ALL OR PART OF THE EXPANDED ELIGIBILITY, THE ENTERPRISE BOARD
SHALL RECOMMEND TO THE STATE BOARD REDUCTIONS IN MEDICAL
BENEFITS OR ELIGIBILITY SO THAT THE REVENUE WILL BE SUFFICIENT TO
PAY FOR ALL OF THE REDUCED BENEFITS OR ELIGIBILITY. AFTER
RECEIVING THE RECOMMENDATIONS OF THE ENTERPRISE BOARD, THE
STATE BOARD SHALL ADOPT RULES PROVIDING FOR REDUCED BENEFITS OR
REDUCED ELIGIBILITY FOR WHICH THE REVENUE WILL BE SUFFICIENT AND
SHALL FORWARD ANY ADOPTED RULES TO THE JOINT BUDGET COMMITTEE.
NOTWITHSTANDING THE PROVISIONS OF SECTION 24-4-103 (8) AND (12),
FOLLOWING THE ADOPTION OF RULES PURSUANT TO THIS SUBSECTION
(6)(b)(III)(A), THE STATE BOARD SHALL NOT SUBMIT THE RULES TO THE
ATTORNEY GENERAL AND SHALL NOT FILE THE RULES WITH THE
SECRETARY OF STATE UNTIL THE JOINT BUDGET COMMITTEE APPROVES
THE RULES PURSUANT TO SUBSECTION (6)(b)(III)(B) OF THIS SECTION.
(B) THE JOINT BUDGET COMMITTEE SHALL PROMPTLY CONSIDER
ANY RULES ADOPTED BY THE STATE BOARD PURSUANT TO SUBSECTION
(6)(b)(III)(A) OF THIS SECTION. THE JOINT BUDGET COMMITTEE SHALL
PROMPTLY NOTIFY THE STATE DEPARTMENT, THE STATE BOARD, AND THE
ENTERPRISE BOARD OF ANY ACTION ON THE RULES. IF THE JOINT BUDGET
COMMITTEE DOES NOT APPROVE THE RULES, THE JOINT BUDGET
COMMITTEE SHALL RECOMMEND A REDUCTION IN BENEFITS OR
ELIGIBILITY SO THAT THE REVENUE FROM THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE AND THE MATCHING FEDERAL
FUNDS WILL BE SUFFICIENT TO PAY FOR THE REDUCED BENEFITS OR
ELIGIBILITY. AFTER APPROVING THE RULES PURSUANT TO THIS
SUBSECTION (6)(b)(III)(B), THE JOINT BUDGET COMMITTEE SHALL
REQUEST THAT THE COMMITTEE ON LEGAL SERVICES, CREATED PURSUANT
TO SECTION 2-3-501, EXTEND THE RULES AS PROVIDED FOR IN SECTION
24-4-103 (8) UNLESS THE COMMITTEE ON LEGAL SERVICES FINDS AFTER
REVIEW THAT THE RULES DO NOT CONFORM WITH SECTION 24-4-103
(8)(a).
(C) AFTER THE STATE BOARD HAS RECEIVED NOTIFICATION OF THE
APPROVAL OF RULES ADOPTED PURSUANT TO SUBSECTION (6)(b)(III)(A)
OF THIS SECTION, THE STATE BOARD SHALL SUBMIT THE RULES TO THE
ATTORNEY GENERAL PURSUANT TO SECTION 24-4-103 (8)(b) AND SHALL
FILE THE RULES AND THE OPINION OF THE ATTORNEY GENERAL WITH THE
SECRETARY OF STATE PURSUANT TO SECTION 24-4-103 (12) AND WITH
THE OFFICE OF LEGISLATIVE LEGAL SERVICES. PURSUANT TO SECTION
24-4-103 (5), THE RULES ARE EFFECTIVE TWENTY DAYS AFTER
PUBLICATION OF THE RULES AND ARE ONLY EFFECTIVE UNTIL THE
FOLLOWING MAY 15 UNLESS THE RULES ARE EXTENDED PURSUANT TO A
BILL ENACTED PURSUANT TO SECTION 24-4-103 (8).
(c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
IF, AFTER RECEIPT OF AUTHORIZATION TO RECEIVE FEDERAL MATCHING
FUNDS FOR MONEY IN THE FUND, THE AUTHORIZATION IS WITHDRAWN OR
CHANGED SO THAT FEDERAL MATCHING FUNDS ARE NO LONGER
AVAILABLE, THE ENTERPRISE SHALL CEASE COLLECTING THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE AND SHALL REPAY TO THE
HOSPITALS ANY MONEY RECEIVED BY THE FUND THAT IS NOT SUBJECT TO
FEDERAL MATCHING FUNDS.
(7) Colorado healthcare affordability and sustainability
enterprise board. (a) (I) EXCEPT AS OTHERWISE PROVIDED IN
SUBSECTION (7)(a)(II) OF THIS SECTION, THE ENTERPRISE BOARD CONSISTS
OF THIRTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH THE ADVICE
AND CONSENT OF THE SENATE, AS FOLLOWS:
(A) FIVE MEMBERS WHO ARE EMPLOYED BY HOSPITALS IN
COLORADO, INCLUDING AT LEAST ONE PERSON WHO IS EMPLOYED BY A
HOSPITAL IN A RURAL AREA, ONE PERSON WHO IS EMPLOYED BY A
SAFETY-NET HOSPITAL FOR WHICH THE PERCENT OF MEDICAID-ELIGIBLE
INPATIENT DAYS RELATIVE TO ITS TOTAL INPATIENT DAYS IS EQUAL TO OR
GREATER THAN ONE STANDARD DEVIATION ABOVE THE MEAN, AND ONE
PERSON WHO IS EMPLOYED BY A HOSPITAL IN AN URBAN AREA;
(B) ONE MEMBER WHO IS A REPRESENTATIVE OF A STATEWIDE
ORGANIZATION OF



Fiscal Notes Status: No fiscal impact for this bill

Date Introduced: 2017-03-27