The bill clarifies that a surplus military vehicle may be used or adapted as an implement of husbandry, which allows the vehicle to be used on the roads in the same manner as a tractor. The bill also authorizes a surplus military vehicle to be used as an authorized emergency vehicle, which need not be registered as a motor vehicle. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill directs the department of health care policy and financing (state department), or a third party with whom the department contracts, to collect, analyze, and report prescription drug production cost data regarding the 20 highest-cost prescription drugs per course of therapy and the 20 highest-cost prescription drugs by volume that were purchased or paid for by the departments of corrections, human services, personnel, and health care policy and financing (departments) during the 2019-20 and future state fiscal years. Upon receipt of a list of the highest-cost prescription drugs purchased or paid for by the departments, the state department or its designated contractor, as applicable, is directed to request from the manufacturers of the drugs on the list information showing the basis for and components of the wholesale acquisition cost (WAC) of each drug on the list. The state department or its designated contractor, as applicable, is to analyze the data received from drug manufacturers and report its findings regarding the basis for the WAC for each prescription drug on the list, specifying the percentage of the WAC that is attributable to each component driving the WAC. The state department is required to provide an annual prescription drug price transparency report by December 1, 2021, and each December 1 thereafter to specified legislative committees. The state department and its designated contractor, as applicable, are required to maintain the confidentiality of any proprietary information received from a drug manufacturer, and that information is exempt from the "Colorado Open Records Act". The executive director of the state department is authorized to adopt rules as necessary to implement and administer the bill. A manufacturer that fails to report the required information is subject to a civil penalty of up to $10,000 per day. (Note: This summary applies to this bill as introduced.)
On and after September 1, 2020, the bill prohibits the sale of flavored cigarettes, tobacco products, and nicotine products, including flavored electronic cigarettes, and products intended to be added to cigarettes, tobacco products, or nicotine products to produce a flavor other than tobacco. (Note: This summary applies to this bill as introduced.)
Tax Expenditure Evaluation Interim Study Committee. The bill creates the legislative oversight committee concerning tax policy (committee), and the associated task force (task force). The committee is required to consider the policy considerations contained in the tax expenditure evaluations prepared by the state auditor and is responsible for the oversight of the task force. The committee may recommend legislative changes that are treated as bills recommended by an interim legislative committee. The task force is required to study tax policy and develop and propose for committee consideration any modifications to the current system of state and local taxation. The task force is also authorized, upon request by a committee member, to provide evidence-based feedback on the potential benefits or consequences of a legislative or other policy proposal not directly affiliated with or generated by the task force, including any bill or resolution introduced by the general assembly that affects tax policy. (Note: This summary applies to this bill as introduced.)
The bill defines a "health care cost-sharing arrangement" as a health care sharing ministry or medical cost-sharing community that collects funds from its members on a regular basis, at levels established by the arrangement, for purposes of sharing, covering, or defraying the medical costs of its members. A health care cost-sharing arrangement is required to: Report specified information to the commissioner of insurance (commissioner) regarding its operations, financial statements, membership, and medical bills submitted, paid, and denied; Provide certain disclosures on its website, in marketing materials, and to potential members; and Respond to requests for payment of medical expenses from health care providers within a period specified by the commissioner by rule. If an insurance broker offers to enroll or enrolls individuals or groups in a health care cost-sharing arrangement, the broker must provide the same disclosures that a health care cost-sharing arrangement is required to provide. The bill also prohibits a health care cost-sharing arrangement or insurance broker from offering or enrolling participants in the arrangement during the annual open enrollment period for health benefit plans. The commissioner is authorized to adopt rules to implement the data reporting, disclosure, and response time requirements and to impose fines for failure to comply with the requirements and prohibitions specified in the bill. A person is prohibited from making, issuing, circulating, or causing to be made, issued, or circulated any statement or publication that misrepresents the medical cost-sharing benefits, advantages, conditions, or terms of any health care cost-sharing arrangement. The commissioner is authorized to issue an emergency, ex parte cease-and-desist order against a person the commissioner believes to be violating this prohibition if it appears to the commissioner that the alleged conduct is fraudulent, creates an immediate danger to public safety, or is causing or is reasonably expected to cause significant, imminent, and irreparable public injury. If a person violates the emergency order, the commissioner may impose a civil penalty, order restitution, or both. (Note: This summary applies to this bill as introduced.)
In 2013, the general assembly created a child tax credit against state income taxes for a resident individual. But the credit, which is a percentage of the federal child tax credit based on the taxpayer's income, is only allowed after the United States congress enacts a version of the "Marketplace Fairness Act". The bill repeals the contingent start of the tax credit and instead allows the credit to be claimed for any income tax year beginning with the 2019 income tax year. (Note: This summary applies to this bill as introduced.) Read More
The bill creates the "Colorado Partnership for Quality Jobs and Services Act" to facilitate the creation of formal labor-management partnership agreements between state employees in the state personnel system and the executive branch of state government. The bill specifies that certain employees in the state personnel system, due to the nature and responsibilities of their jobs, are not able to participate in partnership agreements. State employees who are allowed to participate in partnership agreements are designated covered employees. Partnership units: The bill specifies that a partnership unit is a group of covered employees who have similar job classifications and who are in a unit for representation by a nonprofit organization that represents covered employees (employee organization). The bill creates partnership units composed of covered employees in specified occupational groups. If a partnership unit was created pursuant to the existing Colorado executive order that authorizes partnership agreements (executive order) and the partnership unit has chosen an employee organization to exclusively represent it (certified employee organization), the partnership unit will continue to be represented by its existing certified employee organization. Certified employee organizations: An employee organization that wants to represent an unrepresented partnership unit may file a petition with the department of labor and employment (department) requesting that it hold an election to allow covered employees in the partnership unit to elect an employee organization to represent it. The department is required to provide notice of the petition and other employee organizations may be included on the ballot in the election. The department is required to conduct an election to determine which employee organization will be the certified employee organization of the partnership unit. The ballot must allow covered employees to vote not to be represented by an employee organization. If one employee organization receives a majority of the votes, the department is required to certify the employee organization as the certified employee organization of the partnership unit. The bill specifies circumstances under which the department is not allowed to hold an election for a partnership unit to select a certified employee organization. The bill also specifies that a covered employee or an employee organization may initiate a process to decertify a certified employee organization for a partnership unit. Rights of covered employees and certified employee organizations: The bill specifies that a covered employee may work with an employee organization and communicate with other covered employees to form a partnership agreement. Certified employee organizations have the right to reasonable access to areas where covered employees work to hold meetings, post notices, and provide information to covered employees. Duties of the certified employee organization: The bill specifies that a certified employee organization is required to represent the interests of all covered employees in the partnership unit, regardless of membership in the employee organization. The bill also specifies the process by which a covered employee may initiate a grievance regarding the interpretation of a partnership agreement. In addition, the bill prohibits a certified employee organization from engaging in a strike, work stoppage, or group sickout against the state or any of its agencies or departments. Duties of the state: The bill specifies that the state is required to: Make payroll deductions for membership dues and other payments that covered employees authorize to be made to the certified employee organization; Notify the certified employee organization when a covered employee is hired, promoted, or transferred to a new partnership unit; Periodically provide specified information about covered employees to each certified employee organization; Allow a certified employee organization to attend orientations for new covered employees; After the state and the certified employee organization reach a partnership agreement, submit a request to the general assembly for sufficient appropriations to implement terms of the partnership agreement requiring the expenditure of money; and Engage in good faith in all aspects of the partnership process. Partnership agreements: A certified employee organization and the state are required to discuss and draft written partnership agreements, which are binding on the state, the certified employee organization, and covered employees. Partnership agreements that govern matters impacting all covered employees in all of the represented partnership units are required to be negotiated collaboratively with all certified employee organizations; except that a certified employee organization may opt out of joint negotiations for the partnership units it represents. A partnership agreement is required to provide a grievance procedure to resolve disputes over the interpretation, application, and enforcement of any provision of the partnership agreement. A partnership agreement is also required to continue in full force and effect until it is replaced by a subsequent partnership agreement. If disputes arise during the formation of a partnership agreement, the certified employee organization and the state are required to engage in the dispute resolution process established by the bill. Duties of the state personnel director: The state personnel director (director) is required to enforce certain aspects of the partnership agreement process. The director is authorized to conduct hearings to adjudicate disputes regarding the rights of covered employees and the rights and duties of certified employee organizations and the state under partnership agreements. The director is required to determine and impose appropriate administrative remedies to address violations of rights or duties pursuant to the "Colorado Partnership for Quality Jobs and Services Act". Court review: The bill specifies the circumstances under which the director or a party to a partnership agreement may request court review of the final action of the director or an arbitrator's decision and specifies the standards under which the court may conduct such review. Court review may be requested as follows: The director may request that the court of appeals enforce orders issued by the director in connection with partnership agreements; Any person or party affected by a final rule, order, or decision of the director may appeal to the district court for further relief; A party to a partnership agreement may seek enforcement or vacation of an arbitrator's decision on a grievance concerning the interpretation, application, and enforcement of a partnership agreement in district court; and Either the state or a certified employee organization may challenge the final judgment of an arbitrator's judgment resolving a dispute in the formation of a partnership agreement in district court.(Note: This summary applies to this bill as introduced.) Read More
As a pilot program to promote employer-assisted housing projects in rural areas, for income tax years commencing on or after January 1, 2019, but prior to January 1, 2023, the bill creates a state income tax credit for a donation a taxpayer makes to a sponsor that is used solely for the costs associated with employer-assisted affordable housing in a rural area. The bill defines "sponsor" to mean the Colorado housing and finance authority, a housing authority operated by a county or municipality, a nonprofit corporation that has been designated as a community development corporation under the federal tax code, or an international, nongovernmental, not-for-profit organization whose mission is concentrated on constructing affordable housing. The amount of the credit allowed by the bill is 20% of the approved donation amount; except that the aggregate amount of the credit awarded to any one taxpayer is limited to $400 in any one income tax year. The bill contains additional requirements pertaining to the manner in which the taxpayer submits information to receive the tax credit. The bill also requires periodic reporting of information on the use of the tax credit. (Note: This summary applies to this bill as introduced.) Read More
Current law allows a school district to include in its pupil enrollment students who were enrolled in a school that was designated as an early college before June 6, 2018, and who, after completing 4 years of high school, enroll for the 2018-19 or 2019-20 budget year in postsecondary courses. The bill extends this authority for one year to include students who enroll in postsecondary courses for the 2020-21 budget year. Under current law, the department of education (department) designates as ASCENT program participants qualified students who meet specified criteria. Beginning in the 2021-22 budget year, the bill directs the department to first designate from among the qualified students who meet the existing criteria each qualified student who meets additional criteria that indicate the student is likely to complete a high-demand postsecondary certificate or degree during the ASCENT program year. The concurrent enrollment advisory board must consult with several departments, the governing boards of state higher education institutions, and local education providers to develop guidelines for implementing the prioritization requirement. (Note: This summary applies to this bill as introduced.) Read More
The bill requires the university of Colorado school of medicine (school) to provide scholarships to students who: Will complete clinical studies in a rural or frontier area in Colorado; Have demonstrated financial need; and Have committed in writing to living and serving as physicians in rural or frontier areas in Colorado that are also primary care health professional shortage areas for at least 4 years following the completion of their residency training. The bill requires the school to submit an annual written report to the education committees of the house of representatives and senate concerning the operation of the school's rural track during the preceding academic year. (Note: This summary applies to this bill as introduced.) Read More
Under existing law, upon request of the attorney general, a district attorney represents the department of revenue (department) in driver's license and identification card appeals. The bill requires the attorney general to represent the department in such appeals. The bill permits the attorney general to appear for an appeals hearing by telephone, video teleconference, or any other court authorized means of electronic participation.(Note: This summary applies to this bill as introduced.) Read More
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.) Read More
