For health coverage plans issued or renewed on or after January 1, 2024, the act requires a health insurance carrier (carrier) that provides coverage for prescription auto-injectors (injectors) to cap the total amount that a covered person is required to pay for injectors at an amount not to exceed $60 for a 2-pack of the injectors. The act allows coverage for injectors to be offered through a high deductible plan that qualifies for a health savings account, and a carrier may apply deductible amounts if the coverage is not considered by the United States department of the treasury to be preventive or to have an acceptable deductible amount. Effective January 1, 2024, the act creates an epinephrine auto-injector affordability program (program) to provide low-cost injectors to eligible individuals. By January 1, 2024, each manufacturer must establish procedures and make injectors available as prescribed in the act to eligible individuals who hold a valid prescription for injectors. The act establishes eligibility requirements that residents of Colorado must meet in order to be eligible for the program. The act requires the division of insurance in the department of regulatory agencies (division) to create an application for the program for use by an individual seeking injectors through the program and requires the division and the department of health care policy and financing to make the application available on their websites and to promote the availability of the program. A pharmacy that dispenses injectors is authorized to collect a copayment not to exceed $60 from the individual to cover the pharmacy's costs of processing and dispensing a 2-pack of injectors. A manufacturer of injectors: Is required to make injectors available to individuals through the program; May be required to reimburse the dispensing pharmacy in an amount that the pharmacy paid for the number of injectors dispensed through the program or send the pharmacy a replacement supply of the same number of injectors; Is required to develop a process for a pharmacy to submit electronic reimbursement claims. If a manufacturer fails to comply with the requirements of the act, the manufacturer engages in a deceptive trade practice and is subject to a $10,000 fine for each month of noncompliance. The act appropriates $58,291 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. APPROVED by Governor June 7, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act requires all courts in Colorado to provide remote access for the public to observe any criminal court proceeding conducted in open court, unless: The court does not have the technology available to do so; The court has ordered that the public is excluded from the proceeding; Technology, staffing, or internet issues limit or prevent remote observation; or After a request or on the court's own motion, the court makes findings that: The remote observation of live proceedings risks compromising the safety of any person, the defendant's right to a fair trial, or the victim's rights; and There is no less restrictive alternative that preserves the public interest in remote observation. The act also requires the court to post links on its website for the remote observation. The also act requires the court to: Take reasonable steps to ensure that no audio or visual transmission of privileged, confidential communications occurs; and If a proceeding is subject to a sequestration order, take reasonable steps to ensure compliance with the sequestration order. If a court does not have sufficient existing staff or technology to allow remote observation to the public but later obtains such staff or technology, the act requires the court to comply with the act within 90 days after obtaining the necessary staff or technology. APPROVED by Governor June 7, 2023 EFFECTIVE September 1, 2023 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The act repeals obsolete provisions in title 39 as follows: To conform with the expiration of the tax credit previously allowed for category 2 and category 3 motor vehicles, the act repeals the tax credit and the definitions of category 2 and category 3 motor vehicles; The act repeals the obsolete definition of "Colorado company, limited liability company, or partnership" in the law regarding tax modifications for net capital gains; To conform with the expiration of the tax credit previously allowed for employers who hired a person with a developmental disability, the act repeals the tax credit; and The act repeals a provision relating to an exemption for tax paid by an independent contractor under certain conditions that was only applicable before July 1, 1979. APPROVED by Governor June 7, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act expands the America 250 - Colorado 150 commission (commission), created in 2022 within the state historical society (History Colorado), from 11 to 15 voting members, adding 4 additional members to be appointed by the governor no later than October 1, 2023. The act appropriates $500,000 for the 2023-24 state fiscal year from the general fund to the department of higher education for use by History Colorado to support the activities of the commission in developing programs and plans for the official observance of the 250th anniversary of the founding of the United States and the 150th anniversary of Colorado statehood. Any unexpended amount of the $500,000 appropriation is further appropriated to the department of education for the same purpose through state fiscal year 2026-27. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
Effective January 1, 2025, with respect to step-therapy protocols (protocols) for health insurance, section 1 of the act defines "serious mental illness" and prohibits the protocols from requiring a person to try more than one prescription drug prior to receiving coverage for the drug prescribed by the person's health-care provider. If certain conditions are met and attested to by the person's health-care provider, the carrier, private utilization review organization, or pharmacy benefit manager must cover the drug prescribed by the person's health-care provider without requiring compliance with protocols. Section 2 of the act defines "serious mental illness" for purposes of the "Colorado Medical Assistance Act" in the same manner as the term is defined for commercial health insurance. The act requires the medical services board to require a review for coverage of a new drug approved by the federal food and drug administration for a serious mental illness within 90 days after the drug is approved. The act appropriates $53,117 to the department of health care policy and financing (department) from the general fund for use by the executive director's office to implement the act, with the assumption that the department will receive an equal amount of federal funds to implement the act. APPROVED by Governor June 6, 2023 PORTIONS EFFECTIVE August 7, 2023 PORTIONS EFFECTIVE January 1, 2025 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The act requires each institution of higher education (institution) to acquire and stock a supply of epinephrine auto-injectors. The act encourages each institution to place epinephrine auto-injectors in sufficient quantities in emergency public access stations to ensure reasonable availability to a person perceived to be experiencing anaphylaxis. The act encourages the person, immediately after using an epinephrine auto-injector, to make a 911 emergency call. The act encourages an institution to accept a donation of a supply of epinephrine auto-injectors that meets standards established by the federal food and drug administration, and to accept gifts, grants, and donations, including in-kind donations, designated for obtaining a supply of epinephrine auto-injectors. The act requires each institution to adopt a policy concerning the placement of epinephrine auto-injectors that focuses on areas where students gather in the largest volumes, including in dormitories and dining halls. The act provides immunity for any person who acts reasonably and in good faith to furnish or administer an epinephrine auto-injector to an individual the person reasonably believes is experiencing anaphylaxis. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
The act states that a public or private institution of higher education (institution) may identify, create, solicit, facilitate, and otherwise enable opportunities for a student athlete to earn compensation for the use of the student athlete's name, image, or likeness so long as the institution first acquires the consent of the student athlete. An institution that solicits such an opportunity for a student athlete must inform the student athlete of the solicitation within 72 hours after the solicitation. The act states that a charitable organization that is not an institution and that is exempt from taxation under federal law may compensate a student athlete for the use of the student athlete's name, image, or likeness. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires the Colorado commission on criminal and juvenile justice (commission) to report to the general assembly about its study of sentencing reform by June 30, 2023. The report must include a summary of the commission's work and an update on the status of the commission's and any task force's efforts to address clarity and certainty in the current criminal sentencing scheme regarding the amount of time that must be served on each sentence imposed by the court prior to a defendant's parole eligibility. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
The act requires all non-regionally-accredited higher education institutions to provide incoming students with an enrollment agreement before the student enrolls. The agreement must include information about where students can obtain statewide credit for prior learning and a notice explaining that individual credits obtained at the non-regionally-accredited higher institution may not transfer to other colleges or universities in certain circumstances. The act does not apply to private occupational schools. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act creates the youth mentorship assistance grant pilot program (program) in the Colorado opportunity scholarship initiative within the department of higher education (department). The program provides financial assistance for the cost of attendance at a public higher education institution to students who provide mentorship services to an approved youth mentorship organization. The act requires the Colorado opportunity scholarship initiative advisory board to select approved youth mentorship organizations to participate in the program and administer the program. The act requires each approved youth mentorship organization to submit an annual report to the department, and the department to submit an annual report to the education committees of the senate and house of representatives, concerning the program. For the 2023-24 state fiscal year, $100,000 is appropriated from the general fund to the department for use by the Colorado opportunity scholarship initiative advisory board to implement the act. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to transfer $95,000 from the general fund to the natural disaster mitigation cash fund to defray expenses incurred by the natural disaster mitigation enterprise (enterprise) before the enterprise receives fee revenue or revenue bond proceeds. The transfer is a loan from the state treasurer to the enterprise that is required to be repaid and is not a grant for purposes of the state constitution or any other state law. The enterprise is required to repay the loan and accumulated interest by December 31, 2025. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
A state agency or institution of higher education that receives an appropriation for a capital construction project is required to allocate not less than one percent of the state funded portion of the project for the acquisition of works of art. In the 2022-23 fiscal year, the general assembly appropriated money from the revenue loss restoration cash fund to state agencies and institutions of higher education for capital construction projects. The act clarifies that the state funded portion of a capital construction project includes money appropriated from the revenue loss restoration cash fund. In addition, for appropriations for capital construction projects made for the 2022-23 fiscal year only, the act makes the allocation for the acquisition of works of art discretionary rather than mandatory and allows a state agency or institution of higher education that opts not to make such an allocation to use the money that would otherwise be used for works of art for any other costs associated with the capital construction project. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
