The act creates the streamlined solar permitting and inspection grant program (program) in the Colorado energy office (office), which will grant money to local governments to implement free automated permitting and inspection software for residential solar projects. To fund the program, the act creates the streamlined solar permitting and inspection cash fund (fund), which is annually appropriated to the office, and appropriates $992,709 from the general fund to the fund for fiscal year 2023-24. The act requires the office to administer the program by developing procedures to award money to applicants, establishing a process for applicants to apply for money, requiring applicants to demonstrate expected costs to implement the automated permitting and inspection software, and beginning to approve applicants no later than June 30, 2024. A grantee is encouraged to implement the free automated permitting software within 180 days of receipt of grant money. Grantees are required to report to the office the implementation status of the free automated permitting software one year after being granted the money, and are encouraged to voluntarily report the same information each year thereafter for 4 years. The office is required to report to the house of representatives energy and environment committee, the senate transportation committee, and the joint budget committee the progress of the grant program yearly beginning on January 1, 2025, and continuing until the repeal of the program on July 1, 2034, or until 5 years after the last grant is awarded, whichever comes first. APPROVED by Governor May 11, 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 length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/sb23-016-bill-summary APPROVED by Governor May 11, 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.)
Section 1 of the act requires the public utilities commission (commission), if relying on a discount rate when calculating the net present value of future carbon-based fuel costs as part of a utility's electric resource plan, to apply a discount rate that does not exceed the long-term rate of inflation. The commission is required to determine an appropriate rate of inflation specifically for fuel costs. Section 2 requires the commission to establish rules to limit the amount of rate case expenses that an investor-owned electric or gas utility may recover from the utility's customers. In reviewing an investor-owned utility's application to modify base rates, the commission is required to certify that sufficient information is included in the application, including a comprehensive cost and revenue requirement analysis. Section 3 prohibits an investor-owned electric or gas utility from recovering various costs from its customers, including: More than 50% of annual total compensation or of expense reimbursement for a utility's board of directors; Tax penalties or fines issued against the utility; Investor-relation expenses; Certain advertising and public relations expenses; Lobbying and other expenses intended to influence the outcome of local, state, or federal legislation or ballot measures; Charitable giving expenses; Certain organizational and membership dues; Certain political contributions or expenses; Travel, lodging, food, or beverage expenses for the utility's board of directors and officers; Gift or entertainment expenses; Expenses related to aircraft for a utility's board of directors and officers; and Expenses related to unregulated products or services sold or provided by a utility. If an investor-owned utility recovers prohibited costs, the commission may assess a nonrecoverable penalty against the utility and is required to order the utility to refund the amount improperly recovered to its customers, plus interest. An investor-owned utility is required to file an annual report with the commission on the utility's compliance with the cost recovery prohibitions, which report must include the purpose, payee, and amount of any expenses associated with costs and activities not permitted to be recovered from customers. Section 4 requires that, on or before November 1, 2023, an investor-owned gas utility file with the commission for the commission's approval, amendment, or denial a gas price risk management plan that includes proposals for addressing the volatility of fuel costs recovered from the utility's customers pursuant to the utility's gas cost adjustment filings. Section 4 requires the commission to adopt rules, on or before January 1, 2025, to help protect investor-owned electric or gas utility customers from the volatility of gas prices by establishing mechanisms that align an investor-owned utility's financial incentives with the financial interests of its customers regarding incurred fuel costs. In adopting the rules, the commission is required to consider mechanisms to create a financial incentive for an investor-owned utility to improve its electricity production cost efficiency while minimizing its fuel costs. As part of its rules, the commission shall also consider, to the extent such information is relevant, each investor-owned electric or gas utility's financial health and corresponding impacts on customer affordability. Section 4 also requires the commission to open a proceeding to investigate whether and how residential and other development in certain geographic areas drive natural gas infrastructure costs for any natural gas utility that serves more than 500,000 customers in the state. After completing the investigation, the commission shall consider whether alternative infrastructure, service investments, or other actions by the utility could mitigate impacts of such development on nonparticipating or income-qualified utility customers. Section 5 requires: On or before December 31, 2023, each regulated gas utility to remove from the utility's rate tariffs incentives offered to an applicant applying for natural gas service to establish gas service to a property; The Colorado energy office to contract with an independent third party, on or before July 1, 2024, to evaluate the risk that stranded or underutilized natural gas infrastructure investments pose, including the risk posed to utility employees and contractors, and the annual projected rate impact that such stranded assets have on utility customers; The commission to determine whether any changes to rules or depreciation schedules are warranted based on its review of the evaluation contracted by the Colorado energy office; An investor-owned gas utility to provide the commission information, including a map, about the utility's gas distribution system pipes; An investor-owned gas utility to refrain from penalizing or charging a fee to a customer that voluntarily terminates gas service. The commission may adopt rules to establish standards for a customer's voluntary disconnection from an investor-owned gas utility's gas distribution system. On or before January 1, 2024, the commission to examine existing investor-owned electric utility tariffs, policies, and practices to determine if they pose a barrier to the beneficial electrification of transportation and buildings and determine whether requiring a customer that seeks to interconnect distributed energy resources or beneficial electrification resources to bear the full incremental cost of transformer or service upgrades needed for such interconnection imposes an undue burden on the customer. Section 6 requires the commission to allow a wholesale customer of an investor-owned utility to intervene in a proceeding regarding the commission's consideration of the investor-owned utility's application for cost recovery from customers if the wholesale customer has a demonstrated interest in the proceeding. Section 7 appropriates for the 2023-24 state fiscal year: $1,347,554 from the public utilities commission fixed utility fund to the department of regulatory agencies for use by the commission, with $713,745 reappropriated to the department of law; and $142,749 to the department of law from the legal services cash fund from revenue received from the Colorado energy office that originates as custodial federal funds that the office has authority to expend. APPROVED by Governor May 11, 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 allows a physician, a physician assistant, an advanced practice registered nurse, or any other person who is authorized by law to administer a vaccine (practitioner) to ask an individual who seeks to receive a publicly funded vaccine to present proof of health insurance or other form of identification, but a practitioner is prohibited from conditioning the receipt of the vaccine on the individual's presentation of the documentation or ability to pay an administration fee. The act requires practitioners to post a notice and provide to individuals seeking a publicly funded vaccine a disclosure statement indicating that the publicly funded vaccine will be provided regardless of the individual's presentation of the requested documentation or ability to pay an administration fee. The act allows an independent pharmacy to condition receipt of a publicly funded vaccine on an individual's ability to pay for the administration of the vaccine but limits the amount an independent pharmacy may charge. The act prohibits a practitioner from charging an individual for the cost of a vaccine that is paid for by the federal, the state, or a local government but permits a practitioner to charge and seek payment from an insurer or the vaccine recipient or, if applicable, from a federal or state source, for the cost of administering the vaccine. APPROVED by Governor May 10, 2023 EFFECTIVE May 10, 2023 (Note: This summary applies to this bill as enacted.)
For a contract between a pharmacy benefit manager (PBM) or a health insurance carrier (carrier) and a certificate holder or policyholder, the act requires that the amount charged by the PBM or carrier to the certificate holder or policyholder for a prescription drug be equal to or less than the amount paid by the PBM or carrier to the contracted pharmacy for the drug. For group health benefit plans in effect during the 2025 calendar year and each calendar year thereafter, the act creates transparency requirements for PBMs and carriers regarding prescription drug benefits and grants audit authority to the commissioner of insurance (commissioner) for fully insured plans to ensure compliance with the requirements. The commissioner is authorized to promulgate rules to implement the act. A violation of the requirements of the act is a deceptive trade practice in the business of insurance, with regard to fully insured plans. For contracts between a PBM and the department of health care policy and financing (state department) or one of its affiliated managed care organizations offering a prescription benefit plan that is issued on or after January 1, 2025, the act requires the amount charged by the PBM to the state department or managed care organization for a prescription drug dispensed to an enrollee in the Colorado medical assistance program to be equal to or less than the amount paid by the PBM to a pharmacy for the prescription drug dispensed to the enrollee. The act directs the medical services board to adopt rules to implement and ensure compliance with this requirement. APPROVED by Governor May 10, 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.)
In 2021, the general assembly enacted Senate Bill 21-175, concerning the Colorado prescription drug affordability review board, which created the prescription drug affordability review board (board) in the division of insurance (division) and an affordability review process whereby the board may review costs associated with, and establish upper payment limits for, certain prescription drugs. The 2023 act makes certain changes concerning the board. Section 1 clarifies which actions taken by the board are "board activities", as this term is used elsewhere. Section 2 states that staff members and contractors of the division must disclose any conflict of interest related to a prescription drug for which the board is conducting an affordability review or establishing an upper payment limit. Such a disclosure remains confidential if it relates to a personal association. The board, upon review of a disclosure, may direct the staff member or contractor of the division to recuse themselves. Section 3 allows the chair of the board to cancel or postpone a board meeting for good cause. Section 4 makes certain changes to the procedure by which the board identifies prescription drugs that may be subjected to an affordability review, which changes take effect January 1, 2025, and requires the board to report on its public web page certain information regarding its considerations. Under current law, the board may not establish an upper payment limit for more than 12 prescription drugs per calendar year for 3 years, beginning April 1, 2022. Section 5 lets the board establish an upper payment limit for up to 18 prescription drugs per calendar year if the board determines that there is a need and has sufficient staff support. Section 6 establishes that an upper payment limit for a prescription drug is not a final agency action that is subject to judicial review until the board promulgates a rule establishing the upper payment limit. Sections 6 and 7 remove certain language concerning a process for appealing decisions of the board. Sections 8 and 9 extend the repeal and associated sunset review of the board from September 1, 2026, to September 1, 2031. Section 10 establishes that a denial of a request for benefits for a prescription drug that is unavailable in the state because a manufacturer has withdrawn the prescription drug from sale or distribution within the state is an "adverse determination" for which an individual may request an independent external review. APPROVED by Governor May 10, 2023 PORTIONS EFFECTIVE August 7, 2023 PORTIONS EFFECTIVE January 1, 2025 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that, section 4 of the act takes effect January 1, 2025. (Note: This summary applies to this bill as enacted.)
The act authorizes the department of health care policy and financing (state department) to seek federal authorization from the centers for medicare and medicaid services to provide medicaid reimbursement for community health worker services. The act requires the state department to hold at least 4 public stakeholder meetings to solicit input on considerations to include in the state department's request for federal authorization. The act grants the state department the authority to promulgate rules regarding the voluntary competency-based community health worker registry. The act requires that on or before January 31, 2026, the state department include a report on how community health workers are being utilized through medicaid in its presentation to the joint budget committee of the general assembly and in its presentation at the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing. For the 2023-24 state fiscal year, the act appropriates $40,717 from the general fund to the state department to be used by the executive director's office as follows: $36,842 for personal services; and $3,875 for operating expenses. For the 2023-24 state fiscal year, the act anticipates the state department will receive $40,717 in federal funds to be used as follows: $36,842 for personal services; and $3,875 for operating expenses. For the 2023-24 state fiscal year, the act appropriates $169,973 to the department of public health and environment to be used by chronic disease prevention programs in the prevention services division for the community health workers initiative. APPROVED by Governor May 10, 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 makes changes to the "Colorado Standardized Health Benefit Plan Act" to require the Colorado health benefit exchange (exchange), in collaboration with the commissioner of insurance (commissioner), and after a stakeholder engagement process with consumers, producers, and insurance carriers (carriers), to develop a format for displaying the standardized health benefit plans (standardized plans) on the exchange. The act requires carriers to file with the commissioner insurance rates for the standardized plans that comply with the premium rates specified in law for the standardized plans. The act allows the commissioner to establish uniform limits on carriers' administrative costs and profits for standardized plans. Under the act, if a carrier is unable to offer the standardized plan at the required premium rates: The carrier must provide relevant information concerning the steps the carrier will take to meet the requirements, along with supporting documentation; and The division of insurance may hold a public hearing, pursuant to notice by the commissioner and in a manner specified by rules promulgated by the commissioner, prior to the approval of the carrier's final rates. APPROVED by Governor May 10, 2023 EFFECTIVE May 10, 2023 (Note: This summary applies to this bill as enacted.)
The act requires the department of public health and environment (department), by August 1, 2024, and in consultation with stakeholders, to identify reproductive health-care services, LGBTQ health-care services, and end-of-life health-care services (identified health-care services) that, for nonmedical reasons, are not generally available at a specified health-care facility (covered entity) or that are subject to significant restriction at a covered entity. The department shall develop a simple service availability form (form) to be filled out by each covered entity for the purpose of conveying to patients and to the public information about identified health-care services that are subject to denial of care at the covered entity. The act defines: "Covered entity" as a hospital, community clinic, maternity hospital, freestanding emergency department, or rehabilitation hospital, but "covered entity" does not include a health-care professional or a hospital, community clinic, or other facility owned or operated by the state; "Denial of care", in part, as refusal to provide health-care services for nonmedical reasons; "Nonmedical reasons", in part, as nonclinical criteria, rules, or policies that restrict health-care professionals at a covered entity from providing health-care services that the health-care professional is authorized to provide and that the covered is licensed to provide; and Reproductive health-care services, LGBTQ health-care services, and end-of-life health-care services. The act includes requirements for the content and format of the form and requires each covered entity to submit a completed form to the department and to update the form within 30-days after a change in the availability of the identified health-care services. Beginning on or before October 1, 2024, the department shall maintain on its public-facing website a list of covered entities and the form for the covered entity. The department shall review and update the service availability form at least biennially in consultation with stakeholders. A covered entity shall provide patients with the current service availability form during scheduling for identified health-care services and at the time federal privacy laws are provided to patients before health-care services are initiated, and shall maintain a record of the patient's receipt of the form. A covered entity that fails to comply with the act is subject to a fine not exceeding $1,000 for each day the covered entity is in violation of the act. The state board of health shall adopt rules to implement the act. For the 2023-24 state fiscal year, the act appropriates $64,627 from the general fund to the department for use by the health facilities and emergency medical services division to implement the act. APPROVED by Governor May 10, 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 makes changes to hospital community benefit activity requirements and imposes certain requirements on the public meetings regarding each reporting hospital's community benefit activities and community implementation plan (plan). The act requires each reporting hospital to: Expand upon the manner in which the hospital invites the public to attend meetings, including by posting the invitation on the hospital's website and social media accounts and by distributing the invitation via the reporting hospital's electronic newsletter, e-mail lists, or any other communications between the hospital and the community it serves at least 30 days before the meeting; Share at each public meeting the community benefit activities from the previous year, the amount funded for each activity, and a description of how the activities and funding align with community priorities; Submit a report to the department of health care policy and financing(state department) that details who attended the public meeting, the topics discussed at the meeting, and any decisions made as a result of the discussion, particularly as they pertain to community benefit priorities, and community feedback received and how the hospital plans to incorporate the feedback into its community beneift implementation plan; Make each report available to the public; and Present priority areas identified in its most recent community health needs assessment and any other community benefit investment option it recommends. The act requires the state medical services board to promulgate rules governing accommodation standards for the public meetings and include in its annual report a summary of the estimated federal, state, and property tax exemptions received by each hospital. The act requires the state department to: Conduct a stakeholder meeting to determine best practices to ensure diverse input from local community members is used to determine community priorities as well as best practices for hospitals to collaborate with local public health agencies and community organizations to reduce redundant community needs assessments. Take remedial action if a hospital fails to comply with the hospital community benefit activity requirements. Such remedial action can include weekly fines between $5,000 and $20,000 for each violation. The act requires a reporting hospital to expend any amount fined on community benefit investment priorities described in its current community benefit implementation plan. The reporting hospital must include information on how the money from fines was expended in the reporting hospital's annual report submitted to the state department. The act appropriates $50,000 from the healthcare affordability and sustainability fee cash fund to the state department for use by the office of the executive director of the state department, $100,000 from reappropriated funds received from the state department to the department of revenue for personal services, and $50,000 in anticipated federal funds for transfer to the department of revenue. APPROVED by Governor May 10, 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.)
Under current law, pharmacy benefit managers (PBMs) are required to perform certain acts and are prohibited from engaging in certain acts. Specifically, PBMs are prohibited from: Requiring patients to obtain their prescription drugs through mail order; Charging pharmacies fees to adjudicate claims; Requiring pharmacies to obtain accreditations or certifications that are different than what the PBM requires of its affiliated pharmacies; Retroactively reducing a payment made to a pharmacy on a drug claim after the point of sale or reimbursing a pharmacy in an amount that is less than the amount reimbursed to its own affiliated pharmacy for the same pharmacy service; Modifying the prescription drug formulary under a health benefit plan during the plan year; With regard to audits, using specified techniques in calculating a recoupment or penalty, subjecting a pharmacy to recoupment when a clerical error is discovered, and requiring pharmacies to be audited more than once a year; Prohibiting a pharmacy or pharmacist from, or penalizing a pharmacy or pharmacist for, providing information to patients about more affordable, therapeutically equivalent alternatives to a prescribed drug; or Requiring a pharmacy or pharmacist to charge or collect a copayment from an insured patient that exceeds the total charge submitted by the pharmacy for the prescription drug. Additionally, PBMs are required to: Provide pharmacies 7 days' written notice before an audit, conduct an audit by or in consultation with a pharmacist, allow the pharmacy to supplement claims documentation, and establish an appeals process; Provide an insured individual, the insured's health-care provider, or a third party acting on behalf of the insured or provider with up-to-date and real-time cost, benefit, and coverage information under the terms of the insured's health benefit plan; and Provide contracted pharmacies with the list of sources the PBM used in determining maximum allowable cost pricing, update the information every 7 days, allow pharmacies the ability to readily review the information, follow specified requirements when placing a drug on the maximum allowable cost list, and establish an appeals process to resolve disputes. The act specifies that the commissioner of insurance (commissioner) has the power to enforce these prohibitions and requirements and impose penalties on PBMs for failing to comply with these prohibitions and requirements. The commissioner is also authorized to adopt rules as necessary to implement and enforce these prohibitions and requirements. Additionally, the act requires PBMs to register with and pay a registration fee to the commissioner and authorizes the commissioner to deny, suspend, revoke, or refuse to issue, continue, or renew a PBM registration or to issue a cease-and-desist order if the commissioner finds that a PBM has engaged in specified activities, including violating an insurance law. The PBM registration fees imposed under the act are to be used to fund the costs of the division of insurance in enforcing requirements and prohibitions on PBMs. The act appropriates $206,647 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance for personal services and operating expenses related to implementing the act. APPROVED by Governor May 10, 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 adopts federal regulations concerning the "Indian Child Welfare Act of 1978" as state law so that Colorado will continue to ensure that Indian children are protected in cases of guardianship and adoption. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023(Note: This summary applies to this bill as enacted.)
