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:

Proposal for a state option for health care coverage - creation - division of insurance - appropriation. The act 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 act. 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.

For the 2018-19 state fiscal year, the act appropriates $75,000 from the general fund to the department of health care policy and financing for professional services, and $115,500 from the general fund to the department of regulatory agencies for the division of insurance for personal services.

For the 2019-20 state fiscal year, the act appropriates $150,000 from the general fund to the department of health care policy and financing for professional services, and $231,000 from the general fund to the department of regulatory agencies for the division of insurance for personal services.


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

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:

Income tax - tax credit - eligible early childhood educators. The act provides a refundable income tax credit to an eligible early childhood educator with a federal adjusted gross income less than or equal to $75,000 for an individual filing a single return, or less than or equal to $85,000 for an individual filing a joint return, who, for at least 6 months of the taxable year for which the credit is claimed, holds an early childhood professional credential and is either the licensee of an eligible program or employed by an eligible program. The act specifies that an eligible program means either an early childhood education program or a licensed family child care home and the eligible program must have held at least a level 2 quality rating under the Colorado shines quality rating and improvement system for the income tax year for which the credit is claimed and, for the income tax year for which the credit is claimed, either have fiscal agreements with the Colorado child care assistance program or be 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 act 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. If the voters at the November 2019 statewide election do not approve such a measure, then the act takes effect on the date of the official declaration of the vote thereon by the governor.


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

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:

Recovery from substance use disorders - housing vouchers - recovery residence standards and requirements - recovery residence certification grant program - creation of the opioid crisis recovery funds advisory committee - appropriation. The act:

  • Expands the housing voucher program currently within the department of local affairs to include individuals with a substance use disorder;
  • Establishes 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;
  • Creates the recovery residence certification grant program; and
  • 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.

To implement the act:

  • $1,000,000 is appropriated to the department of local affairs;
  • $2,620 is appropriated to the office of the governor for use by the office of information technology; and
  • $50,000 is appropriated to the department of human services for use by the office of behavioral health.
    (Note: This summary applies to this bill as enacted.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Governor Signed
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:

Freestanding emergency departments - mandatory licensure - exceptions - appropriation. Effective July 1, 2022, the act creates a new license, referred to as a "freestanding emergency department license". The department of public health and environment (department) may issue the license 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 act 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 must adopt rules regarding the new license, including rules to set licensure requirements and fees and safety and care standards.

$43,248 is appropriated to the department from the health facilities general licensure cash fund to implement the act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/29/2019 Governor Signed
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:

Colorado K-5 social and emotional heath act - pilot program - appropriation. The act creates the "Colorado K-5 Social and Emotional Health Act" (health act). Subject to available appropriations, the health 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 health act, is dedicated to each of grades kindergarten through fifth grade, with a ratio of mental health professionals to students of approximately one 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 school to hire or contract with the additional school mental health professionals. The department shall select pilot schools that meet the characteristics outlined in the health act, 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 school, 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 health act 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 collection and monitoring of the pilot schools' 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 health act authorizes the use of marijuana tax cash fund money and gifts, grants, or donations to fund the pilot program.

For the 2019-20 state fiscal year, the act appropriates $43,114 and 0.4 FTE from the marijuana tax cash fund to the department of education to implement the health act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/10/2019 Sent to the Governor
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:

Hiring practices - limitations on criminal history inquiries - exceptions - enforcement - appropriation. Effective September 1, 2019, for employers with 11 or more employees, and effective September 1, 2021, for all employers, employers are prohibited 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 (department) is charged with enforcing the requirements of the act 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 act 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.

The department is appropriated $38,113 from the employment support fund and 0.6 FTE to implement the act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/31/2019 Governor Became Law
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:

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

The act appropriates $66,955 to the department of health care policy and financing to implement the act.


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

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:

Registrar of vital statistics - department of revenue - issuance of new a birth certificate, driver's license, or identity document - requirements - appropriation. 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 act:

  • Repeals that provision and creates new requirements for the issuance of birth certificates to a person who has a gender different from the sex denoted on that person's birth certificate;
  • Requires that the state registrar issue a new birth certificate rather than an amended birth certificate. The act 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;
  • Gives the courts in this state jurisdiction to issue a decree to amend a birth certificate to reflect a change in sex 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 sex designation;
  • Creates new requirements for the issuance of 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 to the department of revenue;
  • Exempts transgender persons from having to submit a public notice of name change.

The act appropriates $58,500 from the licensing services cash fund to the department of revenue for use by the division of motor vehicles for DRIVES maintenance and support.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/31/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

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

Tenants and landlords - rental application process. The act 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 act 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 refund any unused portion of an application fee within 20 days.

The act 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 or deferred judgment relating to certain criminal offenses involving methamphetamine, any offense that required the prospective tenant to register as a sex offender, any offense that is classified as a homicide, or stalking.

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 act 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. A person who intentionally and in bad faith brings a meritless claim against a landlord is liable for the landlord's court costs and reasonable attorney fees in defending the claim.


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

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 / A. Williams
Summary:

Violation of rental agreements - notice requirements - time to cure violation. The act concerns the time frames in which certain landlords must give notice to tenants prior to commencing eviction proceedings for failure to pay rent or for a first or subsequent violation of any other condition or covenant other than a substantial violation. Under most residential agreements, a landlord is required to give 10 days notice. Under a nonresidential or an employer-provided housing agreement, a landlord is required to give 3 days notice. For an exempt residential agreement, meaning for the lease of a single family home by a landlord who owns 5 or fewer single family rental homes, 5 days notice is required.
(Note: This summary applies to this bill as enacted.)

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:

Maternal mortality review committee - creation - appointments - duties - sunset review - appropriation. The act 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 act 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.

The committee is repealed, effective September 1, 2029, and is subject to sunset review by the department of regulatory agencies prior to its repeal.

$145,167 is appropriated to the department for implementation of the act.


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

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:

Federal immigration enforcement - no arrest based on civil detainer - no personal information to immigration authorities from probation - advisement before immigration interview. The act 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 act prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer.

The act 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 this bill as enacted.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/28/2019 Governor Signed
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:

Lieutenant governor - office of saving people money on health care - director. 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 act 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 act further specifies the salary to be paid for working concurrently in this position.
(Note: This summary applies to this bill as enacted.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/28/2019 Governor Signed
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:

Physicians - mental health care providers - conversion therapy for minors prohibited - disciplinary action. The act 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. "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.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/31/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

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

Drug manufacturer, representative, agent, or employee - prescription drug marketing - disclosure of drug information required. The act requires a drug manufacturer, or a representative, agent, or employee of the manufacturer, who while employed by or under contract to represent a manufacturer engages in prescription drug marketing, to provide to a prescriber, in writing, the wholesale acquisition cost of a prescription drug when, in the course of conducting business, the manufacturer, representative, agent, or employee provides information concerning the drug to the prescriber.

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

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


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

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:

Residential mental health facility - pilot program - appropriation. The act 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 act appropriates $30,370 to the department for use by the health facilities and emergency medical services division.


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

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:

Reinsurance program - creation - payments for high-cost insurance claims - program contingent on federal waiver or funding approval - special fees - premium tax revenues - other funding sources - cash fund created - appropriation - repeal. The act 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, federal funding, or both, to allow the state to implement and operate a two-year 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 so long as the program satisfies enterprise status requirements.

The commissioner is to establish payment parameters at levels to effectuate targeted insurance premium reductions. The payment parameters include:

  • The attachment point, above which claims costs are eligible for reinsurance payments;
  • The coinsurance rate at which the program will reimburse carriers for claims above the attachment point; and
  • The reinsurance cap, above which claims costs are no longer eligible for reinsurance payments from the program.

The commissioner is authorized to assess special fees against hospitals and, under specified circumstances, against health insurers to provide funding for the program. Additionally, the program is to receive money from the following sources to operate the program:

  • Federal pass-through funding or other federal funds made available for the program;
  • For the 2020-21 and 2021-22 fiscal years, an amount of premium tax revenues collected under current law that exceeds the amount collected in calendar year 2019;
  • $15 million in 2020 and $40 million in 2021 from the general fund, contingent on the passage of House Bill 19-1245; and
  • Any money the general assembly appropriates to the program fund.

The act creates the reinsurance program cash fund and continuously appropriates the money in the fund to the division of insurance to operate the program. The commissioner is also authorized to seek, accept, and expend gifts, grants, or donations from private or public sources.

The program repeals on September 1, 2023, unless the federal government denies the waiver or funding request, in which case the program repeals upon that denial.

$785,904 is appropriated to the department of regulatory agencies for use by the division of insurance to implement the act.


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

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:

Tenants and landlords - warranty of habitability - breach of warranty - tenants' remedies. Under current law, a warranty of habitability (warranty) is implied in every rental agreement for a residential premises. The act states that, except in cases involving a condition that is based on the presence of mold, a landlord commits a breach of the warranty (breach) if the residential premises is:

  • Uninhabitable or otherwise unfit for human habitation or in a condition that materially interferes with 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 materially interferes with the tenant's life, health, or safety; or
  • 96 hours, where the premises is uninhabitable or otherwise unfit for human habitation and the tenant has included with the notice permission for the landlord or the landlord's authorized agent to enter the residential premises.

For cases involving a residential premises that has mold that is associated with dampness, or where there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the life, health, or safety of a tenant, a landlord commits a breach if the landlord fails:

  • Within 96 hours after receiving reasonably complete written or electronic notice of the condition, to mitigate immediate risk of mold by installing a containment, stopping active sources of water to the mold, and installing a high-efficiency particulate air filtration device to reduce tenants' exposure to mold;
  • To maintain the containment until certain acts have been performed; and
  • Within a reasonable amount of time, to execute certain remedial actions to remove the health risk posed by mold.

Current law provides a list of conditions that render a residential premises uninhabitable. To this list, the act 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 residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use.

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

The act also:

  • States that if a tenant gives a landlord notice of a condition that materially interferes with the tenant's life, health, or safety, the landlord, at the request of the tenant, shall provide the tenant a comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant, or 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 residential 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 life, health, or safety of the tenant;
  • Repeals certain presumptions that favor landlords; and
  • Specifies monetary damages that may be available to a tenant against whom a landlord retaliates.

The act 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 a case concerning 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 this bill as enacted.)

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:

School lunch - free and reduced price school lunch - appropriation. The act clarifies that all students in sixth through eighth grade participating in the federal reduced price school lunch program are eligible for the existing child nutrition school lunch protection program (program), and extends the grades of eligibility for the program to students through the twelfth grade.

For the 2019-20 state fiscal year, $463,729 is appropriated to the department of education from the general fund for the implementation of the act.


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

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:

Health insurance - out-of-network health care services - disclosures - claims - reimbursement rates - deceptive trade practice - rules - appropriation. The act:

  • 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; and
  • Creates a penalty for failure to comply with the payment requirements for out-of-network health care services.

The act appropriates $33,884 from the general fund to the department of public health and environment and $63,924 from the division of insurance cash fund to the division of insurance to implement the act.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/15/2019 Sent to the Governor
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:

Health care cost analysis task force - creation - analysis of health care financing systems - report - gifts, grants, and donations - repeal - appropriation. The act 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 4 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 may 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.

The act appropriates $92,649 to the department of health care policy and financing from the general fund to implement the act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/31/2019 Governor Signed
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:

Demographic notes on bills - process for requesting - content of notes - appropriation. Beginning with the 2020 legislative session, the staff of the legislative council are required 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.

When a member of leadership requests a demographic note, the staff of the legislative council must meet with the requesting member and the sponsor of the bill to discuss whether a demographic note can practically be completed for that bill. If not, the member of leadership may request a demographic note on a different bill, within the limits specified in the act.

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 are available, including race, ethnicity, sex, gender identity, sexual orientation, disability, and geography.

The director of research of the legislative council must develop the procedures for requesting, completing, and updating the demographic notes and 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.

$89,474 is appropriated to the legislative department for use by the legislative council staff for the implementation of the act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Governor Signed
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:

Wage garnishment - disposable earnings - hardship exemption - notice - applicability. Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable weekly earnings or the amount by which an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less. The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which 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 act 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 act 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 act 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 act applies to all writs of garnishment issued on or after October 1, 2020, regardless of the date of the judgment that is basis of the writ of garnishment.


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

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:

Access to behavioral health supports for high-risk families - pregnant and parenting women - high-risk families cash fund - child care services and substance use disorder treatment pilot program - regional mobile child care model - appropriation. The act amends existing programs that provide access to substance use disorder treatment to pregnant and parenting women up to one year postpartum. The act creates child care pilot programs for parenting women engaged in substance use disorder treatment. The act:

  • Encourages health care practitioners and county departments of human or social services to identify pregnant women and parenting women for a needs assessment to determine needed services;
  • Authorizes the state department of human services (state 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 authorized under federal law;
  • Creates the high-risk families cash fund (cash fund) in the office of behavioral health in the state department to increase capacity for and provide services to high-risk parents, including pregnant and parenting women, and for services for high-risk children and youth with behavioral health disorders. The state treasurer shall transfer unencumbered money in the cash fund to certain programs listed in the act.
  • Creates the child care services and substance use disorder treatment pilot program (pilot program) as a two-generation initiative in the state department, and awards pilot program grants to enhance existing child care resource and referral programs and increase child care navigation capacity 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.

For the 2019-20 state fiscal year, the bill appropriates $500,000 from the general fund to the department of human services, office of early childhood, to implement the child care services and substance use disorder treatment pilot program.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Governor Signed
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:

Health care coverage - prior authorization for health care services - publication of requirements and restrictions - deadline for making determination - required criteria - exceptions for compliant providers - duration of prior authorization - rules. 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 act requires carriers and organizations to:

  • Publish and update their prior authorization requirements and restrictions;
  • Comply with specified deadlines 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 act 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.

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


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

Fiscal Notes:

Fiscal Note

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

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

Prescription insulin drugs - 30-day supply - cost-sharing cap - appropriation. Effective January 1, 2020, the act caps the cost sharing a covered person is required to pay for prescription insulin drugs at $100 per 30-day supply of insulin.

The act 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 act.


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

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:

Primary care - collaborative created - affordability standards - targets - payment reform recommendations. The act:

  • 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 this bill as enacted.)

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:

Census outreach grant program - department of local affairs - division of local government - appropriation. The 2020 census outreach grant program (grant program) is created in the division of local government (division) in the department of local affairs (department) to provide grants to local governments, intergovernmental agencies, councils of government, housing authorities, school districts, nonprofit organizations, the Southern Ute Indian Tribe, and the Ute Mountain Ute Tribe (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 consists of 5 members, one of whom is appointed by the secretary of state 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.

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 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.

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. In addition to money appropriated by the general assembly, the department may solicit, accept, and expend gifts, grants, or donations from private or public sources for the purposes of the grant program.

Each eligible recipient that received a grant through the grant program is required to submit 2 reports to the department including information to be determined by the department. The department is required to submit 2 reports 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.

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.

For the 2019-20 state fiscal year, $6 million from the general fund is appropriated to the department for use by the division for the direct and indirect costs of administering the grant program.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Governor Signed
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:

Vendor fee rate increase - use of increased funds for affordable housing grants and loans. Beginning January 1, 2020, the act increases the vendor fee, which is an amount that a retailer is permitted to retain for its expenses incurred in collecting and remitting the state sales tax, from 3% to 4%, subject to a $1,000 monthly cap. This limit applies regardless of the number of the retailer's locations, and a vendor with multiple locations is required to register all locations under one account with the department of revenue.

The state treasurer is annually required to credit an amount equal to the increase in sales taxes attributable to the vendor fee changes, minus a specified amount, 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 act 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.


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

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:

Full-day kindergarten - funding - appropriation. Before passage of the act, the school finance formula provided funding for half-day kindergarten educational programs plus a small additional amount of supplemental kindergarten funding. The act 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.

Before passage of the act, many school districts charged parents of students enrolled in full-day kindergarten a fee to fund the full-day kindergarten educational program. After passage of the act, 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.

Before passage of the act, a school district was authorized to use a half-day preschool position to enroll a child in full-day kindergarten. The act 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 act 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.

For the 2019-20 state fiscal year, the act appropriates $182,911,699 to the department of education for the state share of total program funding associated with full-day kindergarten programs. The act also appropriates $25,094 to the department of human services for child care licensing and administration.


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

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:

Access to behavioral health treatment - capacity tracking system - care navigation program - building substance use disorder treatment capacity in underserved communities grant program - appropriation. The act:

  • 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;
  • 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; 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.

For the 2019-20 state fiscal year, the act appropriates:

  • $31,961 and 0.8 FTE to the department of health care policy and financing, executive director's office for personal services and operating expenses, with the expectation that the department will receive additional federal funding;
  • $5,589,344 and 2.5 FTE from the marijuana tax cash fund to the department of human services, office of behavioral health, for community behavioral health administration, the behavioral health capacity tracking system, the care navigation program, and the building substance use disorder treatment capacity in underserved communities grant program; and
  • $160,206 and 1.4 FTE from reappropriated funds received from the department of human services to the office of the governor for use by the office of information technology.
    (Note: This summary applies to this bill as enacted.)

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:

Mobile Home Park Act - enforcement powers of local governments - added protections for mobile home owners - dispute resolution and enforcement program - powers of division of housing. The act 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 act also creates the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The program authorizes the division of housing in 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";
  • Produce and distribute educational materials concerning the Mobile Home Park 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 Mobile Home Park Act.

For the 2019-20 state fiscal year, $22,073 is appropriated from cash funds received by the department of local affairs to the department of law and $130,065 is appropriated from cash funds received by the department of local affairs to the office of the governor for use by the office of information technology.


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

Fiscal Notes:

Fiscal Note

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

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

Health care providers' accountability to communities - community health needs assessments - community benefit implementation plans - public meetings. The act requires the following hospitals to complete a community health needs assessment every 3 years and an annual community benefit implementation plan every year:

  • A hospital that is licensed as a general hospital and exempt from federal taxation;
  • A hospital established pursuant to the Denver health and hospital authority; and
  • 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. The department shall develop and provide a website at which each reporting hospital shall submit reports.

The act requires each hospital to convene a public meeting at least once each year to seek feedback regarding the hospital's community benefit activities during the previous year and the hospital's community benefit implementation plan for the following year. Each hospital shall invite representatives from certain local entities and state agencies to participate in the meeting. Each hospital shall also invite the general public to the meeting in an advertisement placed in any major newspaper published in the hospital's community.


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

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:

Dental program for seniors - review - maximum reimbursement rates. The act 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 act 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 this bill as enacted.)

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:

Medication-assisted treatment expansion pilot program - extension - administration - additional counties to participate - funding increase - appropriation. In 2017, the general assembly enacted Senate Bill 17-074, concerning the creation of a pilot program in certain areas of the state experiencing high levels of opioid addiction to award grants to increase access to addiction treatment, 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 and directed 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 2017 act also scheduled the pilot program for repeal on June 30, 2020.

The act:

  • 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.

The act appropriates $2.5 million from the marijuana tax cash fund to the department of higher education for use by the board of regents of the university of Colorado to allocate to the center for research into substance use disorder prevention, treatment, and recovery support strategies for the MAT expansion pilot program.


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

Fiscal Notes:

Fiscal Note

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

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

Prescription drugs - Canadian prescription drug importation program - federal approval - eligible importers and suppliers - eligible prescription drugs - distribution requirements - reports - rules - appropriations. The act creates the "Canadian Prescription Drug Importation Program" (program) in the department of health care policy and financing (department). On or before September 1, 2020, the department shall submit a request to the United States secretary of health and human services for approval of the program. The department shall begin operating the program not later than 6 months after receiving such approval. The department may expend money for the purpose of requesting approval of the program, but the department cannot spend any other money to implement the program until the department receives approval of the program.

Upon receiving approval of the program, the department shall contract with 1 or more vendors to provide services under the program. Each vendor, in consultation with the department and any other vendors, shall establish a wholesale prescription drug importation list (importation list) that identifies the prescription drugs that have the highest potential for cost savings to the state. Each vendor shall revise the list at least annually and at the direction of the department. The department shall review the importation list at least every 3 months to ensure that it continues to meet the requirements of the program. The department may direct a vendor to revise the list, as necessary.

Each vendor shall:

  • Identify, in consultation with the department, Canadian suppliers who are in full compliance with relevant Canadian federal and provincial laws and regulations and who have agreed to export prescription drugs identified on the importation list;
  • Verify that such Canadian suppliers meet the requirements of the program and will export prescription drugs at prices that provide cost savings to the state;
  • Contract with such eligible Canadian suppliers, or facilitate contracts between eligible importers and Canadian suppliers, to import prescription drugs under the program;
  • Assist the department in developing and administering a distribution program within the program;
  • Assist the department with the preparation of an annual report and provide any information requested by the department for the report;
  • Ensure the safety and quality of drugs imported under the program;
  • Maintain a list of all eligible importers that participate in the program;
  • Ensure compliance with the federal "Drug Quality and Security Act" by all Canadian suppliers, eligible importers, distributors, and other participants in the program;
  • Provide an annual financial audit of its operations to the department;
  • Provide to the department quarterly financial reports specific to the program, which reports must include information concerning the performance of the vendor's subcontractors and vendors;
  • Submit evidence of a surety bond in an amount of at least $25,000 with any bid or initial contract negotiation documents and maintain documentation of evidence of the surety bond with the department throughout the contract term; and
  • Maintain the information and documentation submitted to the department for at least 7 years.

The act imposes certain requirements for drugs that are imported under the program, and the act prohibits certain drugs from being imported under the program.

The act states that the following entities are eligible importers under the program:

  • A pharmacist or wholesaler employed by or under contract with a medicaid pharmacy, for dispensing to the pharmacy's medicaid recipients;
  • A pharmacist or wholesaler employed by or under contract with the department of corrections, for dispensing to inmates in the custody of the department of corrections;
  • Commercial plans, as defined by rules promulgated by the medical services board and as approved by the federal government; and
  • A licensed Colorado pharmacist or wholesaler approved by the department.

An eligible importer may import a prescription drug from a Canadian supplier if:

  • The drug meets federal food and drug administration standards and is not a controlled substance, biological product, infused or intravenously injected drug, a drug that is inhaled during surgery, or a parenteral drug deemed a threat to public health; and
  • Importing the drug is expected to generate cost savings and would not violate federal patent laws.

The act requires the department to designate an office or division that must be a licensed pharmaceutical wholesaler or that shall contract with a licensed pharmaceutical wholesaler. The designated office shall:

  • Set a maximum profit margin so that a wholesaler, distributor, pharmacy, or other licensed provider participating in the program maintains a profit margin that is no greater than the profit margin that the wholesaler, distributor, pharmacy, or other licensed provider would have earned on the equivalent nonimported drug;
  • Exclude generic products if the importation of the products would violate United States patent laws applicable to United States-branded products;
  • Comply with certain federal requirements concerning drug quality and security; and
  • Determine a method for covering the administrative costs of the program.

Each participating eligible importer and Canadian supplier shall submit to the vendor specified information about each drug to be acquired by the importer or to be supplied by the Canadian supplier under the program.

The department shall immediately suspend the importation of a specific drug or the importation of drugs by a specific eligible importer if it discovers that any drug or activity is in violation of the act or any federal or state law or regulation. The department may revoke the suspension if, after conducting an investigation, it determines that the public is adequately protected from counterfeit or unsafe drugs being imported into this state.

The executive director of the department shall promulgate rules as necessary for the administration of the program. The department shall approve a method of financing the administrative costs of the program, which method may include imposing a fee on each prescription pharmaceutical product sold through the program or any other appropriate method determined by the department to finance administrative costs. The department shall not require a fee in an amount that the department determines would significantly reduce consumer savings.

On or before December 1, 2021, and on or before December 1 each year thereafter, the department shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives concerning the operation of the program during the previous fiscal year.

For the 2019-20 fiscal year, the act appropriates $1,041,802 to the department to implement the act, $134,719 of which is reappropriated to the department of law to provide legal services to the department.


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

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:

Substance use disorders - alternatives to arrest and criminal charges for persons in need of substance use treatment - treatment in prisons and jails - record sealing - harm reduction program - appropriation. The act enacts policies related to the involvement of persons with substance use disorders in the criminal justice system. The Colorado commission on criminal and juvenile justice is required 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.

Jails that receive funding through the jail-based behavioral health services program must 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.

The department of corrections (DOC) is required 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.

The act adds to an existing 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.

The act 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. This provision of the act is contingent upon House Bill 19-1275 being enacted and becoming law.

The harm reduction grant program is established 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. The department of regulatory agencies shall review the grant program prior to its scheduled repeal in 2024.

The following appropriations are made for the 2019-20 state fiscal year:

  • $1,963,832 is appropriated from the general fund to the department of human services for use by the office of behavioral health;
  • $492,750 is appropriated from the general fund to the department of corrections;
  • $1,800,000 is appropriated from the marijuana tax cash fund to the harm reduction grant program, which the department of public health and environment is responsible for the accounting related to such appropriation; and
  • $40,300 is appropriated from the general fund to the department of public safety for use by the division of criminal justice for administrative services.
    (Note: This summary applies to this bill as enacted.)

Fiscal Notes:

Fiscal Note

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

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

Behavioral health care professional matching grant program - use of grant money - behavioral health care services - contracts with community providers - appropriation. The act allows money from the behavioral health care professional matching grant program 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 act requires the department of education 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.

For the 2019-20 state fiscal year, the act appropriates $3,000,000 from the marijuana tax cash fund to the department of education for the behavioral health care professional matching grant program.


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

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:

Statewide health care review committee - creation - membership - duties - appropriation. The act recreates the former health care task force, renamed as the statewide health care review committee, to study health care issues that affect Colorado residents. The committee consists of no more than 10 of the members from 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 may hold 2 meetings during the interim between legislative sessions, each of which may be a field trip.

$16,062 is appropriated from the general fund to the legislative department to implement the act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/30/2019 Governor Signed
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 / J. Singer
Summary:

Driver's licenses and other identification documents - persons not lawfully present - appropriation. The act requires the department of revenue to issue identification documents, such as driver's licenses, 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 act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/28/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

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

Forcible entry and detainer - legal aid services - eviction legal defense fund - appropriation. The act creates the eviction legal defense fund (fund). The state court administrator awards 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 act 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 persons served and 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.

For the 2019-20 state fiscal year, $750,000 is appropriated from the general fund to the eviction legal defense fund created through the act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/30/2019 Governor Signed
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:

Paid family and medical leave - study - task force created - appropriation. The act 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 to contract with experts in the field of paid family and medical leave to report on the establishment of a paid family and medical leave program for employees in the state;
  • Requiring the department to request 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, which 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.

To implement the act, $165,487 is appropriated to the department of labor and employment and $17,004 is appropriated to the department of public health and environment. Both appropriations are from the general fund.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/30/2019 Governor Signed
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:

Wraparound services - child and youth behavioral health delivery system pilot program - standardized screening tools - single statewide referral and entry point - children and youth at risk of out-of-home placement or in an out-of-home placement - appropriation. No later than July 1, 2020, the department of health care policy and financing shall seek federal authorization to provide wraparound services for eligible children and youth who are at risk of out-of-home placement or in an out-of-home placement. Upon federal authorization, the department of health care policy and financing shall require managed care entities to implement wraparound services, which may be contracted out to a third party.

The act requires the department of health care policy and financing, in conjunction with the department of human services, to develop and implement wraparound services for children and youth at risk of out-of-home placement or in an out-of-home placement. The act requires wraparound services to be covered under medicaid. Upon implementation of the wraparound services, the department of health care policy and financing and the department of human services shall monitor and report the annual cost savings associated with eligible children and youth receiving wraparound services to the public through the annual "SMART Act" hearing.

No later than July 1, 2020, the department of health care policy and financing is required to 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 act requires the executive director of the department of human services to appoint two full-time staff persons to support and facilitate interagency coordination for the development and implementation of wraparound services.

No later than July 1, 2020, the department of human services is required to select a single standardized assessment tool to facilitate identification of behavioral health issues and develop a plan to implement the tool for programmatic utilization. The act also requires the department of human services to select developmentally appropriate and culturally competent statewide behavioral health standardized screening tools for primary care providers, which may be made available electronically for health care professionals. The department of public health and environment shall ensure adequate statewide training on the standardized screening tools for primary care providers and other interested health care professionals who care for children.

No later than July 1, 2020, the department of human services, in conjunction with the department of health care policy and financing and the department of public health and environment, is required to develop a plan for establishing a single statewide referral and entry point for children and youth who have a positive behavioral health screening or whose needs are identified through a standardized assessment.

The act makes multiple appropriations to the department of health care policy and financing and the department of human services.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/16/2019 Governor Signed
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:

Substance use disorders - school districts, nonpublic schools, and specified public persons may obtain and administer opiate antagonists - definition of drug paraphernalia - hospitals as clean syringe exchange sites - opiate antagonist bulk purchase fund - household medication take-back program - identity verification for individuals initiating into treatment - appropriation. The act:

  • 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;
  • Allows a prescriber to prescribe or dispense and a pharmacist to dispense an opiate antagonist to law enforcement agencies, schools, or specified public persons;
  • Removes from the definition of "drug paraphernalia" equipment, products, and materials used in testing or analyzing a controlled substance;
  • Specifies that a licensed or certified hospital may be used as a clean syringe exchange site;
  • Creates the opiate antagonist bulk purchase fund to facilitate bulk purchasing of opiate antagonists at a discounted price;
  • Expands the household medication take-back program in the department of public health and environment (department) for the purpose of allowing the safe collection and disposal of needles, syringes, and other devices used to inject medication;
  • 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; and
  • 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.

$659,472 is appropriated to the department to implement the act.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Governor Signed
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:

Substance abuse prevention - pharmacy enhanced dispensing fee - health care providers with prescriptive authority - required training - receipt of benefits for prescriptions prohibited - access to prescription drug monitoring program - appropriation to address opioid and other substance use disorder priorities - office of behavioral health grant programs created - center for research into substance use disorder prevention, treatment, and recovery support strategies program created - perinatal substance use date linkage project created - report - appropriations. The act:

  • Allows a pharmacy that dispenses an opioid to receive an enhanced dispensing fee if the pharmacy provides counseling concerning the risk of opioids to the patient;
  • Prohibits a physician, physician assistant, or an advanced practice nurse from accepting any direct or indirect benefits for prescribing a specific medication;
  • Requires the state board of pharmacy to promulgate rules that require a prescription for an opioid for outpatient use to bear a warning label;
  • Allows medical examiners and coroners access to the prescription drug monitoring program under specified circumstances;
  • Authorizes the department of human services to conduct research that relates to the definition of "abuse" concerning the incidence of prenatal substance exposure and related newborn and family health and human services outcomes as the result of a mother's lawful and unlawful intake of controlled substances;
  • 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.
  • Creates the Charlie Hughes and Nathan Gauna opioid prevention grant program to improve young lives in the office of behavioral health in the department of human services (office) for the purpose preventing opioid use among the state's youth population.
  • 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 until the 2023-24 fiscal year $750,000 to the center from the marijuana tax cash fund to implement the program.
  • Allows the center, in partnership with an institution of higher education and the state substance abuse trend and response task force to conduct a statewide perinatal substance use data linkage project;
  • Requires the center to hire additional staff to assist local communities in applying for grants;
  • Creates the maternal and child health pilot program in the office to provide grants to obstetric and gynecological health care clinics and to treatment facilities that provide substance use disorder or medication-assisted treatment; and
  • Requires podiatrists, dentists, advanced practice nurses, optometrists, and veterinarians to complete substance use disorder training as part of continuing education required to renew the provider's license if the health care provider has prescriptive authority.

$1,192, 367 is appropriated to the department of human services, $1,100,000 is appropriated to the department of higher education, and $2 million is appropriated department of public health and environment, all from the marijuana tax cash fund, to implement the act.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/23/2019 Governor Signed
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:

Home care agencies - department to request increase in federal reimbursement rate for certain services - minimum wage - wage pass-through requirement - training - appropriation. The act requires the department of health care policy and financing (department) to request from the federal government an increase of 8.1% in the reimbursement rate for certain services delivered to consumers through the home- and community-based services waivers. For the 2019-20 fiscal year, each home care agency (agency) shall pay 100% of the funding that results from the rate increase as compensation for employees who provide personal care services, homemaker services, and in-home support services (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.

Within 60 days after the request for an increase in the reimbursement rate is approved, each agency shall provide written notice to each nonadministrative employee who provides covered services of the compensation to which the employee is entitled.

The act states that on and after July 1, 2020, the hourly minimum wage for persons who provide covered services for which an agency may receive reimbursement pursuant to the "Colorado Medical Assistance Act" is $12.41 per hour.

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

The act appropriates $5,682,377 to the department to implement the act.


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

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/28/2019 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

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

Food stamp program - rule-making - appeal deadline. The act grants the department of human services rule-making authority to require any party to file a notice of intent to file exceptions with the state department within five days after service of the initial decision upon the party, or otherwise forgo the ability to file exceptions.
(Note: This summary applies to this bill as enacted.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/28/2019 Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR