2019 Center for Health Progress Priority Bill List

2019 Center for Health Progress Priority Bill List

HB19-1004 Proposal For Affordable Health Coverage Option 
Sponsors: D. Roberts | M. Catlin / K. Donovan
Summary:

The bill requires the department of health care policy and financing and the division of insurance in the department of regulatory agencies (departments) to develop and submit a proposal (proposal) to certain committees of the general assembly concerning the design, costs, benefits, and implementation of a state option for health care coverage. Additionally, the departments shall present a summary of the proposal at the annual joint hearings with the legislative committees of reference during the interim before the 2020 legislative session.

The proposal must contain a detailed description of a state option and must identify the most effective implementation of a state option based on affordability to consumers at different income levels, administrative and financial burden to the state, ease of implementation, and likelihood of success in meeting the objectives described in the bill. The proposal must also identify any necessary changes to state law to implement the proposal.

In developing the proposal, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, employers, providers, and carriers. Further, the departments shall review any information relating to a pilot program operated by the state personnel director as a result of legislation that may be enacted during the 2019 legislative session.

The departments shall prepare and submit any necessary federal waivers or state plan amendments to implement the proposal, unless a bill is filed within the filing deadlines for the 2020 legislative session that substantially alters the federal authorization required for the proposal and the bill is not postponed indefinitely in the first committee.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/17/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1005 Income Tax Credit For Early Childhood Educators 
Sponsors: J. Buckner | J. Wilson / N. Todd | K. Priola
Summary:

The bill provides an income tax credit to eligible early childhood educators who hold an early childhood professional credential and who, for at least 6 months of the taxable year, are either the head of a family child care home or are employed with an eligible early childhood education program or a family child care home. The bill specifies that an early childhood education program must have achieved at least a level 2 quality rating under the Colorado shines quality rating and improvement system and either has fiscal agreements with the Colorado child care assistance program or is a program that meets the federal early head start or head start standards. The amount of the credit is dependent on the eligible early childhood educator's credentialing level and is annually adjusted for inflation. The department of human services is required to provide to the department of revenue an annual report of each individual who held an early childhood professional credential during the previous calendar year for which the income tax credit is allowed.

The bill takes effect only if, at the November 2019 statewide election, a majority of voters do not approve a referred measure that allows the state to increase the cigarette tax, increase the tobacco products tax, and to create a new tax on nicotine products and use a significant portion of the tax revenue for preschool programs and expanded learning opportunities.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/13/2019 Governor Signed
Position: Support
News:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.

HB19-1009 Substance Use Disorders Recovery 
Sponsors: C. Kennedy | J. Singer / K. Priola | B. Pettersen
Summary:

Opioid and Other Substance Use Disorders Study Committee. The bill:

  • Expands the housing voucher program currently within the department of local affairs to include individuals with a substance use disorder and appropriates $1 million each of the next 5 fiscal years to support the program ( section 1 );
  • Creates standards for recovery residences for purposes of referrals and title protection and prohibits a facility from using the terms "recovery residence", "sober living facility", or "sober home" unless the facility meets specified conditions ( section 2 );
  • Creates the opioid crisis recovery funds advisory committee to advise and collaborate with the department of law on uses of any custodial funds the state receives as settlement or damage awards resulting from opioid-related litigation ( section 3 ); and
  • Creates the recovery residence certification grant program ( section 4 ).
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Signed by Governor
Position: Support
News:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.

HB19-1010 Freestanding Emergency Departments Licensure 
Sponsors: K. Mullica | L. Landgraf / B. Gardner | B. Pettersen
Summary:

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, 2022, to a health facility that offers emergency care, that may offer primary and urgent care services, and that is either:

  • Owned or operated by, or affiliated with, a hospital or hospital system and located more than 250 yards from the main campus of the hospital; or
  • Independent from and not operated by or affiliated with a hospital or hospital system and not attached to or situated within 250 yards of, or contained within, a hospital.

A facility licensed as a community clinic before July 1, 2010, and that serves a rural community or ski area is excluded from the definition of "freestanding emergency department".

The bill allows the department to waive the licensure requirements for a facility that is licensed as a community clinic or that is seeking community clinic licensure and serves an underserved population in the state.

The state board of health is to adopt rules regarding the new license, including rules to set licensure requirements and fees and safety and care standards.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/9/2019 Signed by the Speaker of the House
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1017 Kindergarten Through Fifth Grade Social And Emotional Health Act 
Sponsors: D. Michaelson Jenet / R. Fields
Summary:

The bill creates the "Colorado K-5 Social and Emotional Health Act" (act). The act requires the department of education (department) to select up to 10 pilot schools (pilot school) to participate in a pilot program that ensures that a school mental health professional, as defined in the act, is dedicated to each of grades kindergarten through fifth grade, with a ratio of mental health professionals to students of approximately 1 per 250 students. To the extent possible, the school mental health professional shall follow the same students through each grade. The general assembly shall appropriate the resources necessary for the pilot district to hire or contract with the additional school mental health professionals.

The department shall select pilot schools that meet the characteristics outlined in the bill, including high poverty, ethnic diversity, and a large concentration of students in the foster care system.

Among other responsibilities consistent with the mental health professional's license, the school mental health professional shall provide needed services to students and their families in the pilot district, including providing services and supports to students with learning disabilities,, identifying food insecurities, providing resources to develop and improve the social and emotional health of students, and helping eligible students and their families access public benefits. Services must be provided at school and during school hours, as appropriate.

The bill requires the department to employ or contract with a pilot program coordinator to oversee the implementation of the pilot program across the pilot schools.

The pilot program begins operation during the 2020-21 school year and repeals in July 2023. The department shall contract with a professional program evaluator (evaluator) to conduct a preliminary evaluation in 2022 and a final evaluation before the repeal of the pilot program. The evaluator shall establish the method for the pilot district's data collection and monitor data throughout the pilot program.

The evaluator shall evaluate the effectiveness of services provided by the pilot program on the academic, mental, and physical health and well-being of the student cohorts within the scope of the pilot program.

The bill authorizes the use of marijuana tax cash fund money and gifts, grants, or donations to fund the pilot program.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/10/2019 Governor Signed
Position: Support
News:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.

HB19-1025 Limits On Job Applicant Criminal History Inquiries 
Sponsors: J. Melton | L. Herod / M. Foote | R. Rodriguez
Summary:

Effective September 1, 2019, for employers with 11 or more employees, and effective September 1, 2021, for all employers, the bill prohibits employers from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Inquiring about an applicant's criminal history on an initial application.

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

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

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

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


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/29/2019 Signed by the Speaker of the House
Position: Support
News: Here are the most-lobbied bills so far in Colorado’s 2019 legislative session. The list may surprise you.
Calendar Notification: NOT ON CALENDAR

HB19-1038 Dental Services For Pregnant Women On Children's Basic Health Plan Plus 
Sponsors: M. Duran | S. Lontine / J. Ginal | T. Story
Summary:

Current law requires the medical services board to include dental services for eligible children enrolled in a children's basic health plan. The bill requires the board to include dental services to all eligible enrollees, which includes children and pregnant women.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/16/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1039 Identity Documents For Transgender Persons 
Sponsors: D. Esgar / D. Moreno
Summary:

Under current law, a person born in Colorado who seeks a new birth certificate from the registrar of vital statistics (state registrar) to reflect a change in gender designation must obtain a court order indicating that the sex of the person has been changed by surgical procedure and ordering that the gender designation on the birth certificate be amended, and the person must obtain a court order with a legal name change. The bill repeals that provision and creates new requirements for the issuance of birth certificates in cases of changes to gender designation or for an intersex individual.

The bill requires that the state registrar issue a new birth certificate rather than an amended birth certificate. The bill allows a person who has previously obtained an amended birth certificate under previous versions of the law to apply to receive a new birth certificate. A person is not required to obtain a court order for a legal name change in order to obtain a new birth certificate with a change in gender designation.

The bill gives the courts in this state jurisdiction to issue a decree to amend a birth certificate to reflect a change in gender designation for persons born in another state or foreign jurisdiction if the law of such other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in gender designation.

The bill requires the department of revenue to issue a new driver's license or identity document to a person who has a gender different from the sex denoted on that person's driver's license or identity document after certain documents are submitted.

The bill exempts transgender persons from having to submit a public notice of name change.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/9/2019 Signed by the Speaker of the House
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1106 Rental Application Fees 
Sponsors: B. Titone | S. Gonzales-Gutierrez / B. Pettersen
Summary:

The bill states that a landlord may not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. A landlord also may not charge a prospective tenant a rental application fee that is in a different amount than a rental application fee charged to another prospective tenant who applies to rent:

  • The same dwelling unit; or
  • If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord.

The bill requires a landlord to provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord's anticipated expenses for which the fee will be used or an itemization of the landlord's actual expenses incurred. The landlord is required to make a good-faith effort to reund any unused portion of an application fee within 20 days.

The bill states that if a landlord uses rental history or credit history as criteria in consideration of an application, the landlord shall not consider any rental history or credit history beyond 7 years immediately preceding the date of the application. If a landlord considers criminal history as a criterion, the landlord shall not consider an arrest record of a prospective tenant from any time or any conviction of a prospective tenant that occurred more than 5 years before the date of the application; except that a landlord may consider any criminal conviction record relating to certain criminal offenses involving methamphetamine, any felony offense that required the prospective tenant to register as a sex offender, or any offense that is classified as a homicide.

If a landlord denies a rental application, the landlord shall provide the prospective tenant a written notice of the denial that states the reasons for the denial.

A landlord who violates any of the requirements created in the bill is liable to the person who is charged a rental application fee for triple the amount of the rental application fee, plus court costs. A landlord who corrects or cures a violation not more than 7 calendar days after receiving notice of the violation is immune from liability.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/25/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1118 Time Period To Cure Lease Violation 
Sponsors: D. Jackson | R. Galindo / A. Williams
Summary:

Current law requires a landlord to provide a tenant 3 days to cure a violation for unpaid rent or any other condition or covenant of a lease agreement, other than a substantial violation, before the landlord can initiate eviction proceedings based on that unpaid rent or other violation. Current law also requires 3 days' notice prior to a tenancy being terminated for a subsequent violation of a condition or covenant of a lease agreement.

The bill requires a landlord, except for a landlord pursuant to a nonresidential agreement or an employer-provided housing agreement, to provide a tenant 10 days to cure a violation for unpaid rent or for a first violation of any other condition or covenant of a lease agreement, other than a substantial violation, before the landlord can initiate eviction proceedings. The bill requires 10 days' notice prior to the landlord terminating a lease agreement for a subsequent violation of the same condition or covenant of the agreement. For a nonresidential agreement or an employer-provided housing agreement, three days' notice is required to cure a violation for unpaid rent or for a first violation of any other condition or covenant of a lease agreement, or to terminate a lease for a subsequent violation of the same condition or covenant.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/21/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1122 Colorado Department Of Public Health And Environment Maternal Mortality Review Committee 
Sponsors: J. Buckner | L. Landgraf / R. Fields | B. Gardner
Summary:

The bill creates the Colorado maternal mortality review committee (committee), which is required to review maternal deaths, identify the causes of maternal mortality, and develop recommendations to address preventable maternal deaths, including legislation, policies, rules, and best practices that will support the health and safety of the pregnant and postpartum population in Colorado and prevent maternal deaths. The executive director of the department of public health and environment (department) is directed to appoint at least 11 members to serve on the committee.

The bill requires certain health care providers and law enforcement officials to provide medical records to the department concerning each maternal death for access by the members of the committee. The records, notes, information, and activities of the committee are confidential.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/16/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1124 Protect Colorado Residents From Federal Government Overreach 
Sponsors: A. Benavidez | S. Lontine / M. Foote | J. Gonzales
Summary:

The bill allows a law enforcement officer or employee to cooperate or assist federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody.

The bill prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer.

The bill prohibits a probation officer or probation department employee from providing an individual's personal information to federal immigration authorities.

If a law enforcement officer is coordinating a telephone or video interview between federal immigration authorities and an individual in jail or another custodial facility, the individual must be advised that:

  • The interview is being sought by federal immigration authorities;
  • The individual has the right to decline the interview and remain silent;
  • The individual has the right to speak to an attorney before submitting to the interview; and
  • Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/3/2019 Senate Third Reading Reconsidered - No Amendments
Position: Actively Support
News:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.

HB19-1127 Lieutenant Governor Concurrent State Service 
Sponsors: A. Garnett | S. Lontine / S. Fenberg | R. Fields
Summary:

Under current law, the lieutenant governor is authorized to concurrently serve as the head of a principal department while serving as the lieutenant governor. The bill expands this to allow the lieutenant governor to alternatively serve as the director of the office of saving people money on health care within the office of the governor. The bill further specifies the salary to be paid for working concurrently in this position.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/7/2019 Signed by the President of the Senate
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1129 Prohibit Conversion Therapy for A Minor 
Sponsors: D. Michaelson Jenet | D. Esgar / S. Fenberg
Summary:

The bill prohibits a licensed physician specializing in psychiatry or a licensed, certified, 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 practices is subject to disciplinary action by the appropriate licensing board. The bill also makes the advertising or practice of conversion therapy by a physician or mental health care provider a deceptive trade practice under the "Colorado Consumer Protection Act". "Conversion therapy" means efforts 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 the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/9/2019 Signed by the Speaker of the House
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1131 Prescription Drug Cost Education 
Sponsors: S. Jaquez Lewis / F. Winter
Summary:

The bill requires a drug manufacturer, or a representative, agent, or an employee of the manufacturer, who while employed by or under contract to represent a manufacturer engages in prescription drug marketing, to provide, in writing, the wholesale acquisition cost of a prescription drug to a prescriber with whom the manufacturer, representative, agent, or employee is sharing information concerning the drug.

The bill also requires the drug manufacturer, or a representative, agent, or employee of the manufacturer, to also disseminate the names and wholesale acquisition costs of at least 3 generic prescription drugs in the same therapeutic class, or if 3 are not available, as many as are available for prescriptive use.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/16/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1145 Primary Residence Exempt Liens For Medical Debt 
Sponsors: K. Tipper | S. Jaquez Lewis
Summary:

The bill exempts a person's primary residence from attachment or execution of a lien as the result of a judgment for medical debt. A person recording a transcript of judgment must record an affidavit with the transcript stating that the signer is an authorized agent of the judgment creditor and whether the judgment is for medical debt. A judgment debtor may record an affidavit with the county stating the debtor's name, a description of the debtor's interest in the property, and that the property is the debtor's primary residence. A primary residence is defined as a person's dwelling place and includes the dwelling, the lot or lots on which the dwelling is situated, including a farm of any number of acres, and any appurtenances.

The bill takes effect on January 1, 2020, and applies to judgments entered on or after that date.


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

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 3/11/2019 House Committee on Finance Postpone Indefinitely
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1154 Patient Choice Of Pharmacy 
Sponsors: M. Catlin | K. Mullica / J. Danielson | D. Coram
Summary:

The bill prohibits a carrier that offers or issues a health benefit plan that covers pharmaceutical services, including prescription drug coverage, or a pharmacy benefit management firm managing those benefits for a carrier, from:

  • Limiting or restricting a covered person's ability to select a pharmacy or pharmacist if certain conditions are met;
  • Imposing a copayment, fee, or other cost-sharing requirement for selecting a pharmacy of the covered person's choosing;
  • Imposing other conditions on a covered person, pharmacist, or pharmacy that limit or restrict a covered person's ability to use a pharmacy of the covered person's choosing; or
  • Denying a pharmacy or pharmacist the right to participate in any of its pharmacy network contracts in this state or as a contracting provider in this state if the pharmacy or pharmacist has a valid license in Colorado and the pharmacy or pharmacist agrees to specified conditions
    (Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 2/13/2019 House Committee on Health & Insurance Postpone Indefinitely
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1160 Mental Health Facility Pilot Program 
Sponsors: L. Landgraf | J. Singer / P. Lee
Summary:

The bill creates a new 3-year mental health facility pilot program to provide residential care, treatment, and services to persons with either a mental health diagnosis or a physical health diagnosis. It contains requirements for applicants and directs the department of public health and environment (department) to select one or 2 applicants for the pilot program.

The bill appropriates $30,370 to the department.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/21/2019 Signed by Governor
Position: Monitor
News:
Calendar Notification: Friday, May 3 2019
(2) in house calendar.

HB19-1168 State Innovation Waiver Reinsurance Program 
Sponsors: J. McCluskie | J. Rich / K. Donovan | B. Rankin
Summary:

The bill authorizes the commissioner of insurance to apply to the secretary of the United States department of health and human services for a state innovation waiver, for federal funding, or both, to allow the state to implement and operate a reinsurance program to assist health insurers in paying high-cost insurance claims. The state cannot implement the program absent waiver or funding approval from the secretary. The program is established as an enterprise for purposes of section 20 of article X of the state constitution. The division of insurance is to include an update regarding the program in its annual "SMART Act" report, and the program is subject to sunset review and repeal in 5 years.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/17/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1170 Residential Tenants Health And Safety Act 
Sponsors: D. Jackson | M. Weissman / A. Williams | J. Bridges
Summary:

Under current law, a warranty of habitability (warranty) is implied in every rental agreement for a residential premises, and a landlord commits a breach of the warranty (breach) if:

  • The residential premises is uninhabitable or otherwise unfit for human habitation;
  • The residential premises is in a condition that is materially dangerous or hazardous to the tenant's life, health, or safety; and
  • The landlord has received written notice of the condition and failed to cure the problem within a reasonable time.

The bill states that a landlord breaches the warranty if a residential premises is:

  • Uninhabitable or otherwise unfit for human habitation or in a condition that is materially dangerous or hazardous to the tenant's life, health, or safety; and
  • The landlord has received reasonably complete written or electronic notice of the condition and failed to commence remedial action by employing reasonable efforts within:
  • 24 hours, where the condition is materially dangerous or hazardous to the tenant's life, health, or safety; or
  • 72 hours, where the premises is uninhabitable or otherwise unfit for human habitation.

Current law provides a list of conditions that render a residential premises uninhabitable. To this list, the bill adds 2 conditions; specifically, a residential premises is uninhabitable if:

  • The premises lacks functioning appliances that conformed to applicable law at the time of installation and that are maintained in good working order; or
  • There is mold that is associated with dampness, or there is any other condition causing the premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant.

The bill grants to county courts jurisdiction to provide injunctive relief related to a breach.

Current law requires a tenant to serve written notice upon a landlord before the landlord may be held liable for a breach. The bill expands the acceptable form of such notice to include electronic notice.

The bill also:

  • States that if a tenant gives a landlord notice of a condition that is imminently hazardous to life, health, or safety the landlord, at the request of the tenant, shall move the tenant to a comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant, or to a hotel room, as selected by the landlord, at no expense or cost to the tenant.
  • Allows a tenant who satisfies certain conditions to deduct from one or more rent payments the cost to repair or remedy a condition causing a breach;
  • Repeals the requirement that a tenant notify a local government before seeking an injunction for a breach;
  • Repeals provisions that allow a rental agreement to require a tenant to assume certain responsibilities concerning conditions and characteristics of a premises;
  • Creates an exception for single-family residence premises for which a landlord does not receive a subsidy from any governmental source, by which exception a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling, subject to certain requirements:
  • Prohibits a landlord from retaliating against a tenant in response to the tenant having made a good-faith complaint to the landlord or to a governmental agency alleging a condition that renders the premises uninhabitable or any condition that materially interferes with the health or safety of the tenant; and
  • Repeals certain presumptions and specifies monetary damages that may be available to a tenant against whom a landlord retaliates.

The bill states that if the same condition that substantially caused a breach recurs within 6 months after the condition is repaired or remedied, other than a condition that merely involves a nonfunctioning appliance, the tenant may terminate the rental agreement 14 days after providing the landlord written or electronic notice of the tenant's intent to do so. In the case of a condition that merely involves a nonfunctioning appliance, if the landlord remedies the condition within 14 days after receiving the notice, the tenant may not terminate the rental agreement.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/21/2019 Signed by Governor
Position: Actively Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1171 Expand Child Nutrition School Lunch Protection Act 
Sponsors: D. Michaelson Jenet / R. Fields | K. Priola
Summary:

Current law specifies an annual appropriation for the child nutrition school lunch protection program (program) to provide lunches at no charge to children in state-subsidized early childhood education programs administered by public schools or in kindergarten through fifth grade who would otherwise have to pay for a reduced-price lunch. Current law also authorizes an annual appropriation to provide lunches at no charge to students in sixth through eighth grades in schools that elect to participate in the expanded program.

The bill requires the general assembly to make an appropriation for the program but removes the specified amounts, clarifies that all students in sixth through eighth grade participating in the federal reduced price school lunch program are eligible for the program, and extends the grades of eligibility for the program to students through the twelfth grade.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/10/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1174 Out-of-network Health Care Services 
Sponsors: D. Esgar | M. Catlin / B. Gardner | B. Pettersen
Summary:

The bill:

  • Requires health insurance carriers, health care providers, and health care facilities to provide patients covered by health benefit plans with information concerning the provision of services by out-of-network providers and in-network and out-of-network facilities;
  • Outlines the disclosure requirements and the claims and payment process for the provision of out-of-network services;
  • Requires the commissioner of insurance, the state board of health, and the director of the division of professions and occupations in the department of regulatory agencies to promulgate rules that specify the requirements for disclosures to consumers, including the timing, the format, and the contents and language in the disclosures;
  • Establishes the reimbursement amount for out-of-network providers that provide health care services to covered persons at an in-network facility and for out-of-network providers or facilities that provide emergency services to covered persons;
  • Creates a penalty for failure to comply with the payment requirements for out-of-network health care services; and
  • Appropriates money from the general fund to the department of public health and environment and from the division of insurance cash fund to the division of insurance.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/14/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1176 Health Care Cost Savings Act of 2019 
Sponsors: E. Sirota | S. Jaquez Lewis / M. Foote
Summary:

The bill creates the health care cost analysis task force (task force). The president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint one legislative member to the task force. The governor shall appoint 8 members to the task force. The executive directors of the departments of human services, public health and environment, and health care policy and financing, or their designees, also serve on the task force.

The task force is required to issue a competitive solicitation in order to select an analyst to provide a detailed analysis of fiscal costs and other impacts to 3 health care financing systems. The health care financing systems to be analyzed are:

  • The current health care financing system, in which residents receive health care coverage from private and public insurance carriers or are uninsured;
  • A multi-payer universal health care system, in which all residents of Colorado are covered under a plan with a mandated set of benefits that is publicly funded and paid for by employer and employee contributions; and
  • A publicly financed and privately delivered universal health care system that directly compensates providers.

The analyst is required to use the same specified criteria when conducting the analysis of each health care financing system.

The task force is required to report the findings of the analyst to the general assembly.

The task force may seek, accept, and expend gifts, grants, and donations for the analysis. The general assembly may appropriate money to the health care cost analysis cash fund for the purposes of the task force, the analysis, and reporting requirements.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/20/2019 Signed by the Speaker of the House
Position: Support
News:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.

HB19-1184 Demographic Notes For Certain Legislative Bills 
Sponsors: L. Herod | Y. Caraveo / A. Williams
Summary:

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

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

A demographic note is defined as a note that uses available data to outline the potential effects of a legislative measure on disparities within the state. Disparities means the difference in economic, employment, health, education, or public safety outcomes between the state population as a whole and subgroups of the population defined by relevant characteristics for which data is available, including race, ethnicity, sex, gender identity, sexual orientation, disability, and geography.

The bill requires the director of research of the legislative council to develop the procedures for requesting, completing, and updating the demographic notes and to memorialize the procedures in a letter to the executive committee of the legislative council. The director may seek and expend gifts, grants, or donations to pay for training for staff.

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


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Signed by Governor
Position: Support
News:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.

HB19-1189 Wage Garnishment Reform 
Sponsors: M. Gray | A. Valdez / J. Bridges | R. Fields
Summary:

Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable earnings for a week or the amount an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less. The bill changes the amount subject to garnishment from 25% to 20% of the individual's disposable weekly earnings and from 30 times to 40 times the amount an individual's disposable earnings for a week exceed the state or federal minimum wage. Currently, the cost of court-ordered health insurance for a child provided by an individual is deducted from the individual's disposable earnings subject to garnishment. The bill also deducts from an individual's disposable earnings subject to garnishment the cost of any health insurance that is provided by the individual's employer and voluntarily withheld from the individual's earnings.

The bill creates an exemption that would permit individuals to prove that the amount of their pay subject to garnishment should be further reduced or eliminated altogether if the individual can establish that such reductions are necessary to support the individual or the individual's family. The bill also requires clearer and more timely notice to an individual whose wages are being garnished and gives the individual more time after receiving the notice before garnishment starts.

The bill applies to all writs of garnishment issues on or after January 1, 2020, regardless of the date of the judgment that is basis of the writ of garnishment.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/21/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1193 Behavioral Health Supports For High-risk Families 
Sponsors: L. Herod | R. Pelton / L. Garcia
Summary:

The bill amends existing programs that provide access to substance use disorder treatment to pregnant and parenting women. The bill creates child care pilot programs for parenting women engaged in substance use disorder treatment. The bill:

  • Defines "parenting women" as women up to one year postpartum who are in need of substance use disorder services;
  • Encourages health care practitioners and county human or social services departments to identify pregnant women and parenting women for a needs assessment to determine needed services;
  • Authorizes the department to use state money to provide residential substance use disorder treatment to pregnant and parenting women until such time as those services are covered under the state program of medical assistance, and authorizes the department of health care policy and financing to seek federal changes to permit treatment for this population, if necessary;
  • Creates the high-risk families cash fund (cash fund) for the office of behavioral health in the department of human services to provide services to high-risk parents, including pregnant and parenting women, and for services for high-risk children and youth with behavioral health disorders. Further, money in the cash fund may be used to increase treatment capacity.
  • Requires the state treasurer to transfer to the cash fund any unencumbered and unexpended money appropriated annually to certain programs listed in the bill, and requires annual reporting on the use of money from the cash fund;
  • Creates the child care services and substance use disorder treatment pilot program (pilot program) as a two-generation initiative in the department of human services;
  • Awards pilot program grants to enhance existing child care resource and referral programs and increase child care navigation capacity in one urban and one rural site to serve pregnant and parenting women seeking or participating in substance use disorder treatment;
  • Awards pilot program grants to enhance the capacity of the existing child care resource and referral program's centralized call center to serve pregnant and parenting women with a substance use disorder;
  • Awards pilot program grants to pilot a regional mobile child care model to serve young children of parenting women in substance use disorder treatment;
  • Requires an annual appropriation of $500,000 for 3 fiscal years for the pilot program, and requires annual reporting to the general assembly concerning the pilot program. Any money not expended for the pilot program will be transferred to the high-risk families cash fund.
  • Prohibits the admission into evidence in criminal proceedings information relating to substance use during pregnancy, with certain exceptions, that is obtained as part of providing postpartum care for up to one year postpartum or disclosed while women are seeking or participating in behavioral health treatment.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1211 Prior Authorization Requirements Health Care Service 
Sponsors: D. Michaelson Jenet | Y. Caraveo / A. Williams
Summary:

With regard to the prior authorization process used by carriers or private utilization review organizations (organizations) acting on behalf of carriers to review and determine whether a particular health care service prescribed by a health care provider is approved as a covered benefit under the patient's health benefit plan, the bill requires carriers and organizations to:

  • Publish and update their prior authorization requirements and restrictions;
  • Comply with deadlines established in the bill for making a determination on a prior authorization request;
  • Use current, clinically based prior authorization criteria that are aligned with other quality initiatives of the carrier or organization and with other carriers' and organizations' prior authorization criteria for the same health care service; and
  • Consider limiting the use of prior authorization to providers whose prescribing or ordering patterns differ significantly from the patterns of their peers after adjusting for patient mix and other relevant factors.

The bill authorizes a carrier or organization to offer providers with a history of adherence to the carrier's or organization's prior authorization requirements an alternative to prior authorization, including an exemption from prior authorization for providers with an 80% approval rate of prior authorization requests over the previous 12 months. Carriers and organizations are to annually reevaluate a provider's eligibility for exemption from or other alternative to prior authorization requirements.

If a carrier or organization fails to make a determination within the time required, the request is deemed approved.

An approved prior authorization request is valid for at least 180 days, with some exceptions, and continues for the duration of the authorized course of treatment and the covered person's plan year.

The commissioner of insurance is authorized to adopt rules as necessary to implement the bill.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/13/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1216 Reduce Insulin Prices 
Sponsors: D. Roberts / K. Donovan | K. Priola
Summary:

The bill caps the cost sharing a covered person is required to pay for prescription insulin drugs to $100 per one-month supply of insulin.

The bill requires the department of law to investigate the pricing of prescription insulin drugs and submit a report of its findings to the governor, the commissioner of insurance, and the judiciary committees of the senate and house of representatives.

$26,054 is appropriated to the department of regulatory agencies for use by the division of insurance to implement the bill.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/22/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1225 No Monetary Bail For Certain Low-level Offenses 
Sponsors: L. Herod | M. Soper / P. Lundeen | P. Lee
Summary:

Under current law, the court is required to release a person charged with a class 3 misdemeanor, petty offense, or unclassified offense on a personal recognizance bond unless certain conditions exist. The bill removes petty offenses from that requirement. The bill prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, except for a traffic offense involving death or bodily injury, eluding a police officer, circumventing an interlock device, or a municipal offense with substantially similar elements to a state misdemeanor offense. The bill does not prohibit a defendant's release based on a pretrial policy that includes monetary conditions if the defendant is informed that he or she would be released without monetary conditions if he or she waits for a bond hearing. The bill does not prohibit issuance of a warrant with monetary conditions of bond for a defendant who fails to appear in court as required or who violates a condition of release.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/25/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1233 Investments In Primary Care To Reduce Health Costs 
Sponsors: M. Froelich | Y. Caraveo / J. Ginal | D. Moreno
Summary:

The bill:

  • Establishes a primary care payment reform collaborative in the division of insurance in the department of regulatory agencies;
  • Requires the commissioner of insurance to establish affordability standards for premiums, including adding targets for carrier investments in primary care; and
  • Requires the department of health care policy and financing and carriers who offer health benefit plans to state employees to set targets for investment in primary care.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/16/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1239 Census Outreach Grant Program 
Sponsors: K. Tipper | Y. Caraveo / K. Priola | F. Winter
Summary:

In the division of local government (division) the bill creates the 2020 census outreach grant program (grant program) in the department of local affairs (department) to provide grants to local governments, intergovernmental agencies, councils of government, housing authorities, school districts, and nonprofit organizations (eligible recipients) to support the accurate counting of the population of the state for the 2020 census.

The department, in coordination with the grant program committee (committee), which is also created in the division, is required to implement and administer the grant program and to develop policies and procedures necessary for such implementation and administration.

The committee is created in the division to make recommendations to the department regarding the policies and procedures to review grant applications and to make recommendations to the department regarding which applications to approve for the grant award. The committee consists of 7 members, 3 of whom are appointed by the governor and 4 of whom are appointed, one each, by the speaker of the house of representatives, the president of the senate, and the minority leaders of the house of representatives and the senate, although such appointees may not be members of the general assembly.

The bill specifies that eligible recipients may use grant money to conduct 2020 census outreach, promotion, and education to focus on hard-to-count communities in the state and to increase the self-response rate and accuracy of the 2020 census. Eligible recipients may also use grant money to further award grants to other local governments, intergovernmental agencies, councils of government, housing authorities, school districts, or nonprofit organizations.

To receive a grant, an eligible recipient must submit an application to the department in accordance with the policies and procedures developed by the department. The bill specifies the information that an application must include at a minimum.

The committee is required to review the applications received and to make recommendations to the department regarding which grant applications to approve. In developing its recommendations, the committee is required to consider whether the eligible recipient will be conducting outreach in hard-to-count communities and the size and geographic and demographic diversity of the hard-to-count communities in which outreach, education, and promotion of the 2020 census will occur as provided by all eligible recipients that receive grant money.

Subject to available appropriations and in accordance with the recommendation of the committee, the department is required to award grants for the purposes of the grant program on or before November 1, 2019, and to distribute the grant money to eligible recipients that were awarded grants within 30 days after the grants are awarded.

Each eligible recipient that received a grant through the grant program is required to submit a report to the department including information to be determined by the department. The department is required to submit a report to the local government committees of the senate and the house of representatives, or any successor committees, and to the governor regarding the census outreach conducted through the grant program.

For the 2019-20 fiscal year, the bill directs the general assembly to appropriate $6 million to the department to award grants to eligible recipients for the purposes of the grant program. In addition, the department may solicit, accept, and expend gifts, grants, or donations from private or public sources for the purposes of the grant program.

On or before May 1, 2026, and on or before May 1 every 10 years thereafter, the department and the office of the governor are required to develop a strategic action plan, including a discussion of necessary funding for the plan, for outreach and promotion for a successful count of the population in Colorado during the upcoming decennial census.

The bill appropriates $6 million from the general fund to the department for use by the division. The appropriation is based on the assumption that the division will require an additional 1.4 FTE and associated direct and indirect costs of administering the grant program.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/22/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1245 Affordable Housing Funding From Vendor Fee Changes 
Sponsors: M. Weissman / J. Gonzales | M. Foote
Summary:

The state treasurer is required to credit an amount equal to the increase in sales taxes attributable to the vendor fee changes that result from the bill to the housing development grant fund, which the division of housing in the department of local affairs (division) uses to make grants and loans to improve, preserve, or expand the supply of affordable housing in the state. The division is required to annually award at least 1/3 of this money for affordable housing projects for households whose annual income is less than or equal to 30% of the area median income.

The increase in sales taxes attributable to the vendor fee changes that result from the bill are excluded from the definition of "state sales tax increment revenue" for purposes of the "Colorado Regional Tourism Act" so that the increase is payable to the state and not an applicable financing entity.

A retailer who collects state sales tax is currently allowed to retain 3 1/3% of the state sales taxes collected as compensation for the retailer's expenses incurred in collecting and remitting the tax (vendor fee). Beginning January 1, 2020, the bill increases the vendor fee to 4% and establishes a $1,000 monthly cap on the vendor fee. This limit applies regardless of the number of the retailer's locations. A vendor with multiple locations is required to register all locations under one account with the department of revenue. The changes to the state vendor fee do not apply to a local government that imposes a sales tax and permits a vendor fee that is based on the state's vendor fee.

The sales and use tax revenue that is deposited in the housing development grant fund for the state fiscal year 2019-20 is reduced by a specified amount to cover the department of revenue's expenses to make the IT changes necessary to implement the bill, which results in a corresponding increase in the general fund. In turn, this amount is appropriated from the general fund to the department of revenue for this purpose.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/17/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1262 State Funding For Full-day Kindergarten 
Sponsors: J. Wilson | B. McLachlan / J. Bridges | R. Fields
Summary:

Under existing law, the school finance formula provides funding for half-day kindergarten educational programs plus a small additional amount of supplemental kindergarten funding. The bill provides funding through the school finance formula for full-day kindergarten educational programs. A student enrolled in a full-day kindergarten educational program will be funded at the same amount as students enrolled full-time in other grades. A student enrolled in a half-day kindergarten educational program will be funded as a half-day student plus the existing amount of supplemental kindergarten funding.

Under existing law, many school districts charge parents of students enrolled in full-day kindergarten a fee to fund the full-day kindergarten educational program. After passage of the bill, a school district or a charter school that provides a full-day kindergarten educational program shall not charge fees for attending kindergarten other than those fees that are routinely charged to parents of students enrolled in other grades and are applicable to the kindergarten educational program. However, if the general assembly stops funding kindergarten students as full-time pupils, then a school district or charter school may resume charging a fee or tuition for the unfunded portion of the school day.

Under existing law, a school district may use a half-day preschool position to enroll a child in full-day kindergarten. The bill prohibits using a preschool position to enroll a child in full-day kindergarten. A school district that used preschool positions in this manner in the 2018-19 budget year will retain the positions in the 2019-20 budget year and budget years thereafter to the extent the school district fills the positions with preschool students.

The bill directs a school district that is not offering a full-day kindergarten educational program as of the 2019-20 school year to submit a plan to the department of education addressing how it could phase in a full-day kindergarten educational program, but a school district is not required to offer a full-day kindergarten educational program.

If a charter school seeks to expand an existing half-day kindergarten educational program to full day, it must notify the charter authorizer and amend the charter contract, if necessary. If the authorizer objects to the program expansion, the charter school and the authorizer must negotiate a change to the charter contract. If the parties cannot agree, the charter school may appeal the issue to the state board of education for a determination. Any renegotiation of the charter school's contract must be limited to the issue of expanding the kindergarten educational program.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/21/2019 Governor Signed
Position: Strongly Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1287 Treatment For Opioids And Substance Use Disorders 
Sponsors: D. Esgar | J. Wilson / B. Pettersen | K. Priola
Summary:

The bill:

  • Directs the department of human services to implement a centralized, web-based behavioral health capacity tracking system to track available treatment capacity at behavioral health facilities and at programs for medication-assisted treatment and withdrawal management for substance use disorders, as well as other types of treatment ( section 1 );
  • Directs the department of human services to implement a care navigation program to assist individuals in obtaining access to treatment for substance use disorders, including medical detoxification and residential and inpatient treatment ( section 2 ); and
  • Creates the building substance use disorder treatment capacity in underserved communities grant program to provide services in rural and frontier communities, prioritizing areas of the state that are unserved or underserved ( section 3 ).
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/14/2019 Governor Signed
Position: Support
News:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE - CONSENT CALENDAR
(1) in senate calendar.

HB19-1296 Prescription Drug Cost Reduction Measures 
Sponsors: D. Jackson | S. Jaquez Lewis / J. Ginal | K. Donovan
Summary:

Section 1 of the bill enacts the "Colorado Prescription Drug Cost Reduction Act of 2019", which requires:

  • Health insurers, starting in 2020, to submit to the commissioner of insurance (commissioner) information regarding prescription drugs covered under their health insurance plans that the plan paid for in the preceding calendar year, including information about rebates received from prescription drug manufacturers, a certification regarding how rebates were accounted for in insurance premiums, and a list of all pharmacy benefit management firms (PBMs) with whom they contract;
  • Prescription drug manufacturers to notify the commissioner, state purchasers, health insurers, and PBMs when the manufacturer, on or after January 1, 2020, increases the price of certain prescription drugs by more than specified amounts or introduces a new specialty drug in the commercial market;
  • Prescription drug manufacturers, within 15 days after the end of each calendar quarter that starts on or after January 1, 2020, to provide specified information to the commissioner regarding the drugs about which the manufacturer notified purchasers;
  • Health insurers or, if applicable, PBMs to annually report specified information to the commissioner regarding rebates and administrative fees received from manufacturers for prescription drugs for which they received the required notice from a manufacturer; and
  • Certain nonprofit organizations to compile and submit to the commissioner an annual report indicating the amount of each payment, donation, subsidy, or thing of value received by the nonprofit organization or its executive director, chief operating officer, board of directors, or any member of the board of directors from a prescription drug manufacturer, PBM, or health insurer and the percentage of the nonprofit organization's total gross income that is attributable to those payments, donations, subsidies, or things of value.

The commissioner is required to post the information received from health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations on the division of insurance's website, excluding any information that is proprietary. Additionally, the commissioner, or a disinterested third-party contractor, is to analyze the data reported by health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations and other relevant information to determine the effect of prescription drug costs on health insurance premiums. The commissioner is to publish a report each year, submit the report to the governor and specified legislative committees, and present the report during annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings. The commissioner is authorized to adopt rules as necessary to implement the requirements of the bill.

Section 2 prohibits PBMs from retroactively reducing payment on a clean claim submitted by a pharmacy unless the PBM determines, through an audit conducted in accordance with state law, that the claim was not a clean claim. Health insurers that contract with PBMs must ensure that the PBMs are complying with this prohibition and the reporting requirements and are subject to penalties for failure to do so.

Section 3 requires a carrier to reduce the cost sharing a covered person is required to pay for prescription drugs by an amount equal to the greater of 51% of the average aggregate rebates received by the carrier for all prescription drugs, including price protection rebates, or an amount that ensures cost sharing will not exceed 125% of the carrier's cost for the prescription drug.

Under sections 5 and 6 , a prescription drug manufacturer that fails to notify purchasers or fails to report required data to the commissioner is subject to discipline by the state board of pharmacy, including a penalty of up to $10,000 per day for each day the manufacturer fails to comply with the notice or reporting requirements. The commissioner is to report manufacturer violations to the state board of pharmacy. Additionally, health insurers that fail to report the required data are subject to a fine of up to $10,000 per day.

Sections 7 and 8 of the bill make conforming amendments necessary to harmonize the bill with the title 12 recodification bill, House Bill 19-1172.
(Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/9/2019 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1309 Mobile Home Park Act Oversight 
Sponsors: E. Hooton | J. McCluskie / S. Fenberg | P. Lee
Summary:

The bill provides protections for mobile home owners by:

  • Granting counties and municipalities the power to enact certain ordinances for mobile home parks;
  • Extending the time period between the notice of nonpayment of rent and the termination of any tenancy or other estate at will or lease in a mobile home park; and
  • Extending the time a mobile home owner has to vacate a mobile home park after a court enters an eviction order.

The bill also creates the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The program authorizes the division of housing of the department of local affairs to:

  • Register mobile home parks;
  • Collect a registration fee from mobile home parks;
  • Collect and annually report upon data related to disputes and violations of the "Mobile Home Park Act" (act);
  • Produce and distribute educational materials concerning the act and the program;
  • Create and maintain a database of mobile home parks;
  • Create and maintain a database to manage the program; and
  • Take complaints, conduct investigations, make determinations, impose penalties, and participate in administrative dispute resolutions when there are alleged violations of the act.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB19-1320 Hospital Community Benefit Accountability 
Sponsors: C. Kennedy | S. Lontine / F. Winter
Summary:

The bill requires the following hospitals to complete an annual community health needs assessment and an annual community benefit implementation plan:

  • A hospital that is licensed as a general hospital and exempt from federal taxation pursuant to section 501 (c)(3) of the federal internal revenue code;
  • A hospital established pursuant to the Denver health and hospital authority; or
  • A hospital established pursuant to the University of Colorado hospital authority.

Each such hospital must report to the department of health care policy and financing (department) concerning certain community benefits, costs, and shortfalls in the preceding year, and the department is required to submit an annual summary report to subject matter committees of the general assembly. Hospitals that are licensed as general hospitals but that are not required to report may report in like fashion.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/16/2019 Governor Signed
Position: Support
News:
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.

HB19-1326 Rates For Senior Low-income Dental Program 
Sponsors: D. Esgar | C. Hansen / R. Zenzinger | B. Rankin
Summary:

Joint Budget Committee. The bill adds to the duties of the department of health care policy and financing (department) under the Colorado dental health care program for low-income seniors (program) to review the operation and effectiveness of the program in the next annual report. Qualified grantees under the program and the department shall report recommendations concerning the operations and effectiveness of the program.

Under current law the senior dental advisory committee recommends to the medical services board the maximum reimbursement rate for dental procedures under the Colorado dental health care program for low-income seniors that cannot be less than the reimbursement rate previously adopted by the state board of health for the program. The bill changes the maximum reimbursement rate that the committee may recommend to not less than the medicaid fee-for-service rate.


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

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 5/14/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-001 Expand Medication-assisted Treatment Pilot Program 
Sponsors: L. Garcia / B. Buentello
Summary:

In 2017, the general assembly enacted Senate Bill 17-074, which created a 2-year 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 2017 act directs the general assembly 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. The pilot program repeals on June 30, 2020.

The bill:

  • Expands the pilot program to the counties in the San Luis valley and 2 additional counties in which a need is demonstrated;
  • Shifts responsibility to administer the pilot program from the college of nursing to the center for research into substance use disorder prevention, treatment, and recovery support strategies;
  • Adds representatives from the San Luis valley and any other counties selected to participate in the pilot program and members from the boards of county commissioners from participating counties to the advisory board that assists in administering the program;
  • Increases the annual appropriation for the pilot program to $2.5 million for the 2019-20 and 2020-21 fiscal years; and
  • Extends the program an additional 2 years.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/14/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-005 Import Prescription Drugs From Canada 
Sponsors: R. Rodriguez | J. Ginal / S. Jaquez Lewis
Summary:

The bill creates the "Colorado Wholesale Importation of Prescription Drugs Act", under which the department of health care policy and financing (department) shall design a program to import prescription pharmaceutical products from Canada for sale to Colorado consumers. The program design must ensure both drug safety and cost savings for Colorado consumers. The department shall submit the program design to the secretary of the United States department of health and human services and request the secretary's approval of the program, as required by federal law, to import Canadian pharmaceutical products.

If the secretary approves the program, the department shall implement the program. The department shall adopt a funding mechanism to cover the program's administrative costs, and the department shall annually report on the program to the general assembly.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/15/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-008 Substance Use Disorder Treatment In Criminal Justice System 
Sponsors: K. Priola | B. Pettersen / C. Kennedy | J. Singer
Summary:

Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill requires the Colorado commission on criminal and juvenile justice to study and make recommendations concerning:

  • Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug-related offenses;
  • Best practices for investigating unlawful opioid distribution in Colorado; and
  • A process for automatically sealing criminal records for drug offense convictions.

Section 2 of the bill requires the department of corrections (DOC) to allow medication-assisted treatment to be provided to persons who were receiving treatment in a local jail prior to being transferred to the custody of the DOC. The DOC may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment.

Section 3 of the bill contains a legislative declaration that the substance abuse trend and response task force should formulate a response to current and emerging substance abuse problems from the criminal justice, prevention, and treatment sectors that includes the use of drop-off treatment services, mobile and walk-in crisis centers, and withdrawal management programs as an alternative to entry into the criminal justice system for offenders of low-level drug offenses.

Section 4 of the bill creates a simplified process for sealing convictions for level 4 drug felonies, all drug misdemeanors, and any offense committed prior to October 1, 2013, that would have been a level 4 drug felony or drug misdemeanor if committed on or after October 1, 2013. A defendant may file a motion to seal records 3 years or more after final disposition of the criminal proceedings. Conviction records may be sealed only after a hearing and upon court order.

Section 5 of the bill creates the harm reduction grant program to reduce health risks associated with drug use and improve coordination between law enforcement agencies, public health agencies, and community-based organizations. Grants may be awarded to nonprofit organizations, public health agencies, and law enforcement agencies. Section 6 of the bill requires the department of regulatory agencies to review the grant program prior to its scheduled repeal in 2024.

Section 7 of the bill requires jails that receive funding through the jail-based behavioral health services program to have a policy in place on or before January 1, 2020, that describes how medication-assisted treatment will be provided, when necessary, to individuals in the jail. The jail may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment.

Section 8 of the bill makes appropriations necessary for the implementation of the bill.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/22/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-010 Professional Behavioral Health Services For Schools 
Sponsors: R. Fields / B. McLachlan | D. Valdez
Summary:

The bill allows grant money to be used for behavioral health care services at recipient schools and specifies that grants may also fund behavioral health services contracts with community providers. Grant applicants must specify the extent to which the school has seen an increase in activities or experiences that affect students' mental well-being. The bill requires the department of education (department) to prioritize grant applications based on the school's need for additional health professionals and the extent to which the school will prioritize the use of grant money for staff training related to behavioral health supports.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/10/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-015 Create Statewide Health Care Review Committee 
Sponsors: J. Ginal / S. Beckman | C. Kipp
Summary:

The bill recreates the former health care task force, renamed as the statewide health care review committee, to study health care issues that affect Colorado residents throughout the state. The committee consists of no more than ten of the members of the house of representatives committees on health and insurance and public health care and human services and the senate committee on health and human services. The committee is permitted to meet up to 2 times during the interim between legislative sessions, including 2 field trips.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/16/2019 Sent to the Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-134 Out-of-network Health Care Disclosures And Charges 
Sponsors: R. Fields | J. Tate / M. Soper
Summary:

The bill:

  • Sets the reimbursement rate that a health insurance carrier must pay a health care facility if a covered person is treated for emergency services;
  • Requires in-network health care facilities and health care providers to make disclosures to patients covered by a health benefit plan concerning the provision of services by an out-of-network provider;
  • Outlines the claims and payment process, including reimbursement rates for the provision of out-of-network services for health care facilities and health care providers; and
  • Authorizes arbitration for the payment of health care claims that are in dispute if certain criteria are met.

The commissioner of insurance is required to submit a report annually to the general assembly concerning unanticipated out-of-network services.


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

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 4/25/2019 Senate Committee on Health & Human Services Postpone Indefinitely
Position: Monitor
News:
Calendar Notification: NOT ON CALENDAR

SB19-139 More Colorado Road And Community Safety Act Offices 
Sponsors: D. Coram | D. Moreno / R. Galindo | J. Singer
Summary:

Current law provides for the issuance of identification documents, such as driver's licenses, to people who are temporarily present or who are not lawfully present in Colorado. The bill requires the department of revenue to issue these documents at 10 or more offices geographically distributed throughout the state. The new offices are phased in, so that the department will have 8 offices open by January 1, 2020, and 10 offices open by July 1, 2020. $1,737,800 is appropriated to the department of revenue from the licensing services cash fund to implement the bill.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/25/2019 Sent to the Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-180 Eviction Legal Defense Fund 
Sponsors: F. Winter / J. McCluskie
Summary:

The bill creates the eviction legal defense fund (fund). The state court administrator will award grants from the fund to qualifying nonprofit organizations (organizations) that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are experiencing an eviction or are at immediate risk of an eviction. The bill lists permissible uses of grant money awarded from the fund.

Organizations that receive a grant from the fund are required to report to the state court administrator certain information about services provided by the organization. The state court administrator is required to evaluate the use of grants from the fund every 5 years and submit that evaluation to the general assembly. The bill includes a legislative declaration.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/16/2019 Sent to the Governor
Position: Actively Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-188 FAMLI Family Medical Leave Insurance Program 
Sponsors: F. Winter | A. Williams / M. Gray | M. Duran
Summary:

The bill creates a study of the implementation of a paid family and medical leave program in the state by:

  • Requiring the department of labor and employment (department) to contract with experts in the field of paid family and medical leave;
  • Requiring the department to make requests for information from third parties that may be willing to administer all or part of a paid family and medical leave program;
  • Creating the family and medical leave implementation task force (task force) that is responsible for recommending a plan to implement a paid family and medical leave program for the state; and
  • Requiring an actuarial study of the final plan recommended by the task force.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/16/2019 Sent to the Governor
Position: Support
News: House Approves Paid Family Leave Bill
Here are the most-lobbied bills so far in Colorado’s 2019 legislative session. The list may surprise you.
Colorado Paid Family Leave Program Bounced To Next Year
Calendar Notification: NOT ON CALENDAR

SB19-195 Child And Youth Behavioral Health System Enhancements 
Sponsors: R. Fields | B. Gardner / M. Froelich | L. Landgraf
Summary:

The bill creates the office of children and youth behavioral health policy coordination (office) in the office of the governor. The bill also creates the children and youth behavioral health policy coordination commission (commission) and the children and youth behavioral health advisory council (council) in the office.

The commission consists of 15 members, which must be appointed no later than September 1, 2019. The primary duties and responsibilities of the commission include:

  • Providing leadership to increase and enhance efficient and effective behavioral health services to children and youth;
  • Coordinating efforts between state agencies and departments to increase public understanding and awareness of child and youth behavioral health needs;
  • Recommending shared policies to remove administrative barriers in order to facilitate collaboration between communities, state departments, and political subdivisions of the state;
  • Monitoring and receiving updates related to network adequacy for access to behavioral health services in the state;
  • Compiling and disseminating information regarding best practices for delivering and funding behavioral health services;
  • Receiving and acting on recommendations;
  • Recommending funds contained in each department's budget that can be identified for collaborative service delivery systems; and
  • Beginning January 1, 2020, and each January 1 thereafter, recommending performance measures for each department, office, and county represented on the commission that will quantify and demonstrate the effectiveness of the behavioral health system in Colorado.

The commission shall consult and collaborate with other organizations that incorporate child behavioral health strategies when developing proposals, activities, and implementation planning.

Beginning October 1, 2019, the commission shall work collaboratively with the department of health care policy and financing and the department of human services (departments) to implement wraparound services for children and youth at risk of out-of-home placement. No later than July 1, 2020, the commission shall:

  • Recommend to the departments programmatic utilization of a single standardized assessment tool to facilitate identification of behavioral health issues and other needs;
  • Recommend to the departments developmentally appropriate and culturally competent statewide behavioral health standardized screening tools for primary care providers serving children, youth, and caregivers in the perinatal period;
  • Design and recommend a child and youth behavioral health delivery system pilot program that addresses the challenges of fragmentation and duplication of behavioral health services.

The council consists of 25 members, who must be appointed no later than September 1, 2019. The primary duties, responsibilities, and functions of the council include:

  • Assisting the commission in fulfilling its duties;
  • Reviewing the commission's data on performance measures and providing input to the commission to ensure continuous quality improvement;
  • Identifying, monitoring, soliciting input, and providing policy and budgetary recommendations on emerging children and youth behavioral health issues affecting the quality and availability of behavioral health services reported by local collaborative management programs; and
  • Submitting any formal recommendations to the commission.

On or before July 1, 2020, and each July 1 thereafter, the governor shall ensure that an annual external evaluation of the commission and council is conducted by an independent organization, which evaluation must be made publicly available in an electronic format.

On or before July 1, 2020, and each July 1 thereafter, the commission shall submit an annual report to the governor and the health and human services committee of the senate and the public health care and human services committee of the house of representatives (committees). On or before January 15, 2021, and annually thereafter, the commission shall present the annual report and submit a progress report on any recommendations to the committees.

The commission and council are scheduled to repeal on September 1, 2024, after review by the department of regulatory agencies.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/15/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-225 Authorize Local Governments To Stabilize Rent 
Sponsors: J. Gonzales | R. Rodriguez / S. Lontine | S. Gonzales-Gutierrez
Summary:

The bill repeals existing statutory language prohibiting counties or municipalities (local governments) from enacting any ordinance or resolution that would control rent on either private residential property or a private residential housing unit (collectively, private residential property). The bill authorizes local governments to enact and enforce any ordinance, resolution, agreement, deed restriction, or other measure that would stabilize rent on private residential property.
(Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/30/2019 Senate Second Reading Laid Over to 05/02/2019 - No Amendments
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-227 Harm Reduction Substance Use Disorders 
Sponsors: B. Pettersen | J. Gonzales / C. Kennedy | L. Herod
Summary:

The bill:

  • Allows school districts and nonpublic schools to develop policies by which schools are authorized to obtain a supply of opiate antagonists and school employees are trained to administer opiate antagonists to individuals at risk of experiencing a drug overdose ( sections 1 through 7 of the bill);
  • Removes from the definition of "drug paraphernalia" equipment, products, and materials used in testing or analyzing a controlled substance ( section 8 );
  • Specifies that a licensed or certified hospital may be used as a clean syringe exchange site ( section 9 );
  • Creates the opiate antagonist bulk purchase fund to facilitate bulk purchasing of opiate antagonists at a discounted price ( section 10 );
  • Expands the household medication take-back program in the department of public health and environment for the purpose of allowing the safe collection and disposal of needles, syringes, and other devices used to inject medication ( section 11 );
  • Authorizes a public person or entity that makes an automated external defibrilator available to the public to also make an opiate antagonist available to the public ( sections 2 through 7 and 12 );
  • Requires the department of health care policy and financing to establish a policy on how a substance use disorder treatment program must verify the identity of individuals initiating into detoxification, withdrawal, or maintenance treatment for a substance use disorder ( section 13 );
  • Makes conforming amendments necessary to harmonize the bill with the title 12 recodification bill, House Bill 19-1172 ( sections 14 and 15 ); and
  • Appropriates $659,472 to the department of public health and environment to implement the bill.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Signed by Governor
Position: Support
News: House Gives Final Approval to Bills to Address Opioid Crisis
Calendar Notification: NOT ON CALENDAR

SB19-228 Substance Use Disorders Prevention Measures 
Sponsors: F. Winter | D. Moreno / B. Buentello | J. Singer
Summary:

The bill:

  • Requires certain health care providers who have prescriptive authority to complete substance use disorder training as part of continuing education required to renew the provider's license. Specifically, the requirement applies to podiatrists, dentists, advanced practice nurses, optometrists, and veterinarians ( section 12).
  • Prohibits a physician or physician assistant from accepting any direct or indirect benefits for prescribing a specific medication ( section 2 );
  • Requires the state board of pharmacy to promulgate rules that require a prescription for an opioid for outpatient use, except for an opioid prescribed for treatment of a substance use disorder or that is a partial opioid antagonist, to bear a warning label ( section 3 );
  • Allows medical examiners and coroners access to the prescription drug monitoring program under specified circumstances ( section 4 );
  • For the 2019-20 fiscal year, appropriates $2 million to the department of public health and environment for the purpose of working at state and local levels to address opioid and other substance use disorder priorities ( section 6 );
  • Requires specified state departments to report to the health committees of the general assembly by December 31, 2019, the amount of federal funds that each is receiving or is eligible to receive for use in testing for hepatitis and HIV and the number of individuals currently and anticipated to be tested. The departments are also required to share eligibility standards for treatment with primary care providers ( section 7 ).
  • Creates a grant program in the office of behavioral health in the department of human services to address opioid and other substance use disorder prevention and recovery. The grant focuses on at-risk youth and their families affected by substance use disorders and who have not been successful in seeking aid through existing resources. The general assembly is required to appropriate $2 million from the marijuana tax cash fund to the department of human services ( section 8 ).
  • Requires the center for research into substance use disorder prevention, treatment, and recovery support strategies (center) to develop and implement a program to increase public awareness about the safe use, storage, and disposal of opioids, and about the availability of antagonist drugs. The general assembly is required to annually appropriate $750,000 to the center from the marijuana tax cash fund to implement the program ( section 9 ).
  • Requires the center to hire additional staff to assist local communities in applying for grants, and requires the general assembly to appropriate general funds for the 2019-20 fiscal year to enable the center to hire staff for this purpose ( section 9 );
  • Requires the office of behavioral health in the department of human services to administer a pilot program to integrate substance use disorder and medication-assisted treatment with obstetric and gynecological health care and requires the general assembly to appropriate money from the general fund in the 2019-20, 2020-21, and 2021-22 fiscal years to fund the pilot program ( section 11 ).

Sections 12 through 15 make conforming amendments to harmonize the bill with the title 12 recodification bill, House Bill 19-1172.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Signed by Governor
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-238 Improve Wages And Accountability Home Care Workers 
Sponsors: J. Danielson | D. Moreno / C. Kennedy | M. Duran
Summary:

The bill states that on and after July 1, 2020, the hourly minimum wage for persons who provide personal care services, homemaker services, or in-home support services for which a home care agency (agency) may receive reimbursement pursuant to the "Colorado Medical Assistance Act" is $12.41 per hour.

The bill requires the department of health care policy and financing (HCPF) and the department of public health and environment, in consultation with stakeholders, on or before January 1, 2020, to establish a process for reviewing and enforcing initial and ongoing training requirements for persons who provide covered services.

HCPF is required to request from the federal government an increase of 8.1% to the reimbursement rate for certain services that are delivered to consumers through the home-based and community-based services waivers. For the 2019-20 fiscal year, each agency shall pay 100% of the funding that results from the rate increase as compensation for employees who provide covered services to consumers. For the 2020-21 fiscal year, each agency shall pay 85% of the funding that results from the rate increase as compensation for employees who provide covered services to consumers.

Each agency shall track and report how it used any funding resulting from the increase using a reporting tool developed by HCPF. HCPF may recoup part or all of the funding resulting from the increase if HCPF determines that an agency:

  • Did not use 100% of any funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2019-20 fiscal year;
  • Did not use 85% of the funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2020-21 fiscal year; or
  • Failed to track and report how it used any funds resulting from the increase in the reimbursement rate.

The bill appropriates $5,682,377 to HCPF to implement the bill.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/17/2019 Signed by the President of the Senate
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB19-245 Time Requirements For Food Stamp Appeals 
Sponsors: J. Gonzales / K. Tipper
Summary:

The bill grants the department of human services rule-making authority to amend the length of time permitted to satisfy hearings and determinations requirements pursuant to an appeal related to food stamps in order to comply with federal law.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/15/2019 Signed by the Speaker of the House
Position:
News:
Calendar Notification: NOT ON CALENDAR