The act updates certain actions described as sexual exploitation of a child to reflect access and viewing due to evolving technology.The act makes sexual exploitation of a child an extraordinary risk crime, enhancing the presumptive sentencing range in certain circumstances.The act creates the sexual exploitation of children surcharge for any person who is convicted of or receives a deferred sentence for sexual exploitation of a child. Ninety-five percent of the surcharge goes to the sexual exploitation of children surcharge fund. The money in the fund will provide funding to the Colorado bureau of investigation (bureau) to develop and acquire, and allow the bureau to help other law enforcement agencies with developing and acquiring, necessary technological and expert resources to investigate and prosecute computer-facilitated crimes of sexual exploitation of a child.The act requires a post-enactment review of the implementation of the act three years after it becomes law.The act makes an appropriation of $1,894 to the judicial department from the general fund.(Note: This summary applies to this bill as enacted.)
The act enacts the "Occupational Therapy Licensure Interstate Compact" (compact), allowing occupational therapists and occupational therapy assistants who are licensed in any state that is a member of the compact to provide occupational therapy services in other member states.The director of the division of professions and occupations in the department of regulatory agencies is authorized to issue provisional occupational therapy licenses and provisional occupational therapy assistant licenses to certain qualified individuals and to implement the compact, including through the adoption of rules and the regulation of telehealth in accordance with the compact.(Note: This summary applies to this bill as enacted.)
The act adds a requirement, as part of mandatory health insurance coverage of preventive health care services, that health plans cover an annual mental health wellness examination of up to 60 minutes that is performed by a qualified mental health care provider. The coverage must:Be comparable to the coverage of a physical examination; Comply with the requirements of federal mental health parity laws; and Not require any deductibles, copayments, or coinsurance for the mental health wellness examination. The coverage applies to large employer plans issued or renewed on or after January 1, 2022, and to individual and small group plans issued or renewed on or after January 1, 2023, if the commissioner of insurance determines, and the United States department of health and human services confirms or fails to timely respond to a request for confirmation, that the coverage for an annual mental health wellness examination does not require state defrayal pursuant to the federal "Patient Protection and Affordable Care Act". Additionally, the division of insurance (division) is directed to conduct an actuarial study to determine the effect of the coverage on insurance premiums.The act appropriates $26,353 to the division to conduct reviews of health plans to ensure compliance with the coverage required by the bill.(Note: This summary applies to this bill as enacted.)
The act requires:A carrier offering a health benefit plan in the state, and the department of health care policy and financing when administering the "Colorado Medical Assistance Act", to reimburse health-care providers that provide health-care services related to labor and delivery in a manner that: Promotes high-quality, cost-effective, and evidence-based care; Promotes high-value, evidence-based payment models; and Prevents risk in subsequent pregnancies; Each health-care provider licensed by the state who regularly provides health-care services related to labor and delivery to: Be able to identify when to transmit and receive patient information and transfer and receive patients, across the facility's levels of care; and Coordinate with other providers to effectuate services across the facility's levels of care in a way that prevents patients losing access to care; The birth certificate worksheet form to include a place to report where the pregnant person intended to give birth at the onset of the person's labor; The department of public health and environment to engage in a stakeholder process to: Make recommendations to improve the collection and public reporting of maternal health data from various entities; and Study the use of research evidence in policies related to the perinatal period in Colorado; and The department of health care policy and financing, no later than July 1, 2022, to seek an amendment to the state medical assistance plan to provide 12 months of postpartum medical benefits to persons who qualified for benefits while pregnant. To implement the act, the act appropriates:$77,993 from the general fund to the department of health care policy and financing based on the assumption that the department will receive $481,379 in federal funds, and the act reappropriates the anticipated $481,379 of federal funds; and $82,243 from the general fund to the department of public health and environment for use by the prevention services division.(Note: This summary applies to this bill as enacted.)
The act enacts the "Pharmacy Fairness Act" (act), which:Requires a health insurer to submit to the commissioner of insurance (commissioner) a list of pharmacy benefit managers (PBMs) the health insurer uses to manage or administer prescription drug benefits under its health benefit plans offered in this state; Prohibits PBMs from: Restricting a covered person's access to prescription drug benefits at an in-network retail pharmacy, except as permitted in limited circumstances; Charging a pharmacy or pharmacist a fee for adjudicating a claim, other than a one-time fee of not more than the lesser of 25% of the pharmacy dispensing fee or 25 cents for receipt and processing of the same pharmacy claim; or Requiring stricter pharmacy accreditation standards or certification requirements than the standards or requirements that are applicable to similarly situated PBM-affiliated pharmacies within the same PBM network. A PBM that administers the drug assistance program operated by the department of public health and environment is exempt from the requirements and prohibitions of the act with regard to the PBM's administration of that program only.The act also precludes a health insurer, a PBM, or an entity acting for a health insurer or PBM to conduct on-site audits of pharmacies within 12 months after a prior on-site audit except in specified circumstances.Additionally, the act requires a health insurer or PBM to respond in real time to a request from an insured, the insured's health-care provider, or a third party acting on behalf of the insured or provider for data regarding the cost, benefits, and coverage under the insured's health benefit plan for a particular drug.(Note: This summary applies to this bill as enacted.)
Beginning June 1, 2022, a health-care facility shall screen each uninsured patient for eligibility for public health insurance programs, discounted care through the Colorado indigent care program (CICP), and discounted care as described in the act. Health-care facilities shall use a single uniform application developed by the department of health care policy and financing (department) when screening a patient. If a health-care facility determines a patient is ineligible for discounted care, the facility shall provide the patient notice of the determination and an opportunity for the patient to appeal the determination.Beginning June 1, 2022, for emergency and other non-CICP health-care services provided to patients qualified for public health insurance or discounted care, a health-care facility and licensed health-care professional shall limit the amounts charged to not more than the discounted rate established by the department; collect amounts charged in monthly installments such that a patient is not paying more than 4% of the patient's monthly household income on a bill from a health-care facility and not paying more than 2% of the patient's monthly household income on a bill from each licensed health-care professional; and after a cumulative 36 months of payments, consider the patient's bill paid in full and permanently cease any and all collection activities on any balance that remains unpaid.Beginning June 1, 2022, a health-care facility shall make information about patient's rights and the uniform application for discounted care available to the public and to each patient.Beginning June 1, 2023, and each June 1 thereafter, each health-care facility shall report to the department data that the department determines is necessary to evaluate compliance across patient groups based on race, ethnicity, age, and primary language spoken with the required screening, discounted care, payment plan, and collections practices.No later than April 1, 2022, the department shall develop a written explanation of a patient's rights, make the explanation available to the public and each patient, and establish a process for patients to submit a complaint relating to noncompliance with the requirements. The department shall periodically review health-care facilities and licensed health-care professionals (hospital providers) to ensure compliance, and the department shall notify the hospital provider if the hospital provider is not in compliance that the hospital provider has 90 days to file a corrective action plan with the department. A hospital provider may request up to 120 days to submit a corrective action plan. The department may require a hospital provider that is not in compliance to develop and operate under a corrective action plan until the department determines the hospital provider is in compliance. The act implements fines for hospital providers if the department determines the hospital provider's noncompliance is knowing or willful.Beginning June 1, 2022, the act imposes requirements on hospital providers before assigning or selling patient debt to a medical creditor or before pursuing any permissible extraordinary collection action and imposes fines for any hospital provider that fails to comply with the requirements.Beginning June 1, 2022, a medical creditor shall not use impermissible extraordinary collection actions to collect debts owed for hospital services. A medical creditor may engage in permissible extraordinary collection actions 182 days after the patient receives hospital services. At least 30 days before taking any permissible extraordinary collection action, a medical creditor shall notify the patient of potential collection actions and shall include with the notice a statement that explains the availability of discounted care for qualified individuals and how to apply for such care. If a patient is later found eligible for discounted care, the medical creditor shall reverse any permissible extraordinary collection actions.Beginning June 1, 2022, a medical creditor shall not sell a medical debt to another party unless, prior to the sale, the medical debt seller has entered into a legally binding written agreement with the medical debt buyer in which certain terms are agreed to. The medical debt seller shall indemnify the medical debt buyer for any amount paid for a debt that is returned to or recalled by the medical debt seller.Beginning June 1, 2022, the department shall promulgate rules prohibiting hospitals from considering assets when determining whether a patient meets the specified percentage of the federal poverty level for CICP and ensuring the method used to determine whether a patient meets the specified percent is uniform across hospitals.The act appropriates $219,295 to the department of health care policy and financing to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates in the department of education the menstrual hygiene products accessibility grant program to provide awards to eligible grant recipients in order to provide menstrual hygiene products at no expense to students.For the 2021-22 state fiscal year, $100,000 is appropriated from the general fund to the department of education to implement the act.(Note: This summary applies to this bill as enacted.)
The act reforms the sentencing provisions related to misdemeanors and petty offenses. Under current law, there are 3 classifications for misdemeanors and 2 classifications for petty offenses. The act reduces the misdemeanor classifications to 2 and reduces the petty offenses to one classification and adds a new classification of civil infraction. A class 1 misdemeanor is punishable by up to 364 days in jail or a fine of up to $1,000 or both, and a class 2 misdemeanor is punishable by up to 120 days in jail or a fine of up to $750 or both. A petty offense is punishable by up to 10 days in jail or a fine of up to $300 or both. A civil infraction is punishable by a fine of up to $100.The act reclassifies various criminal offenses within the new classification system for misdemeanors, petty offenses, and civil infractions. The act changes the elements of some crimes to align with the new sentencing classifications. The act creates procedural rules for prosecution of the new civil infractions. The act updates the alternate sentencing options for misdemeanors and petty offenses. The act creates standard time credits for jail sentences.The act appropriates $95,340 to the department of revenue for use by the division of motor vehicles. $35,940 of the appropriation is from the general fund and $59,400 of the appropriation is from the licensing services cash fund.(Note: This summary applies to this bill as enacted.)
The act creates a statutory cause of action for a victim of sexual misconduct that occurred when the victim was a minor. The victim may bring a civil claim against the actor who committed the sexual misconduct and against an organization that operates or manages a youth-related activity or program (youth program) if the organization knew or should have known of a risk of sexual misconduct against minors and the sexual misconduct occurred while the victim was participating in a youth program managed by the organization. The act waives sovereign immunity for the claim so a victim may bring a claim against a public employee or public entity that operates a youth program, including an educational entity operating an educational program or a district preschool program.The cause of action is available to a victim of sexual misconduct that occurred on or after January 1, 1960. A person who was the victim of sexual misconduct that occurred between January 1, 1960, and January 1, 2022, must commence an action before January 1, 2025. There is no limitation on the time to bring a claim for sexual misconduct that occurs on or after January 1, 2022. A person may not, prior to an incident of sexual misconduct, waive the right to bring a civil action; any purported pre-incident waiver is void as against public policy.A court or jury shall not allocate any damages awarded in the civil action in any proportion against the victim of the sexual misconduct. Any pre-judgment interest on the claim does not begin to accrue until the claim is filed.The maximum amount that may be recovered for a claim against a public employee or public entity is the limitation on damages set forth in the "Colorado Governmental Immunity Act". For all other claims, the maximum amount recoverable is $500,000; except that if the court finds by clear and convincing evidence that the defendant failed to take remedial action against a person that the defendant knew or should have known posed a risk of sexual misconduct against a minor and the court finds that the application of the limitation would be unfair, the court may increase the award to up a maximum of $1,000,000.The act appropriates $1,198,355 from the general fund to the department of personnel for risk management and reappropriates $1,137,838 of that appropriation and provides 5.9 FTE to the department of law to provide legal services.(Note: This summary applies to this bill as enacted.)
The act directs the office of information technology (office) to:Develop a centralized, statewide search interface for access to all agency rule-making that is highly visible on the state's main website and that meets various standards specified in the act; and Make the search interface available for use by June 30, 2022. The secretary of state and other state agencies are directed to provide access to the code of Colorado regulations, the Colorado register, and rule databases to the office to facilitate the development of the interface.The act appropriates $368,194 from the general fund to the office of the governor for use by the office. The act also appropriates $108,718 from the department of state cash fund to the department of state.(Note: This summary applies to this bill as enacted.)
When a peace officer is present at the scene of an emergency, an emergency medical service provider (EMS provider) authorized to administer ketamine in a prehospital setting shall only administer ketamine if the EMS provider has:Weighed the individual to ensure accurate dosage or estimated the individual's weight with the agreement of at least 2 personnel trained in weight assessment if the EMS provider is unable to weigh the individual; Training in the administration of ketamine; Training in advanced airway support; Equipment available to manage respiratory depression; and Equipment available to immediately monitor the vital signs of the individual receiving ketamine and the ability to respond to any adverse reactions. An EMS provider who administers ketamine shall provide urgent transport to the individual receiving ketamine and record any complications arising out of such administration. Absent a justifiable medical emergency, an EMS provider shall not administer ketamine in a prehospital setting to subdue, sedate, or chemically incapacitate an individual for alleged or suspected criminal, delinquent, or suspicious conduct. Any noncompliance by an EMS provider is considered misconduct.The act prohibits a peace officer from using, directing, or unduly influencing the use of ketamine upon another person and from compelling, directing, or unduly influencing an EMS provider to administer ketamine. A peace officer who is also certified as an EMS provider may administer ketamine when the decision is based on the EMS provider's training and expertise.An EMS provider shall confidentially report a peace officer's violation to the peace officers standards and training board (P.O.S.T. board) within 10 days of the occurrence, and a peace officer shall not retaliate in any way against an EMS provider for reporting the incident. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.A peace officer shall not unduly influence an EMS provider's medical decision or diagnosis, and an EMS provider shall not base its medical decision exclusively on information provided by a peace officer; except that a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the EMS provider's assessment of the need to administer ketamine. When a peace officer directs a person to assist the peace officer, the person is prohibited from administering ketamine.The act requires a peace officer who witnesses another peace officer use ketamine in pursuance of the peace officer's duties to report such use to the P.O.S.T. board. The report must be in writing and made within 10 days of the occurrence of the use of ketamine. Any peace officer who fails to report use of ketamine commits a class 1 misdemeanor. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.The act requires a peace officer to intervene, without regard for chain of command, to prevent or stop another peace officer from using ketamine in pursuance of the other peace officer's duties. A peace officer who intervenes shall report the intervention to the peace officer's immediate supervisor. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening. Any peace officer who fails to intervene commits a class 1 misdemeanor, and the officer's certification is subject to revocation.The act changes the structure of the emergency medical practice advisory council (advisory council) by adding an anesthesiologist and a clinical psychiatrist. The act requires the advisory council to submit a report to the general assembly any time the advisory council advises or recommends authorizing the administration of any new chemical restraints.Beginning January 1, 2022, and each January 1 thereafter, the department of public health and environment (department) shall submit an annual report on the statewide use of ketamine by EMS providers and any complications that arise out of such use to the general assembly. The department shall make the report available on the department's website.The act appropriates $132,488 to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates the health-care services reserve corps task force (task force) in the department of public health and environment. The purpose of the task force is to evaluate and make recommendations on the creation of a health-care services reserve corps program (program), in which medical professionals could cross-train to be able to serve the state in an emergency or disaster and receive a benefit for their service.The task force consists of at least 10 and no more than 11 members. The task force is required to consider and make findings and recommendations on issues including:The types of medical professionals who could participate in a health-care services reserve corps program, including how to ensure an appropriate cross section of providers; The types of emergencies and disasters for which the program could prepare and provide assistance, and whether the program could be deployed out of state; Any legal or regulatory obstacles to creating such a program; Liability protections for professionals and facilities participating in the program; Whether the program could be streamlined or integrated with existing programs or procedures; The types and hours of training that would be required; How to ensure the program and cross-training are accessible to rural medical professionals; The costs associated with the program; Issues related to insurance coverage and reimbursement; Consumer protections for patients being treated by the program; How the health-care services reserve corps would be deployed; and The type of benefit that could be offered and the amount, terms of, and funding for the benefit that participants would receive. The task force is required to consult with medical and nursing schools in making recommendations related to the cross-training elements of the program and with additional stakeholders as necessary to address additional questions, including disaster response experts, affected state agencies, and entities with experience in medical malpractice insurance. The task force is authorized to consult with additional stakeholders with expertise in identifying the physical and mental health needs of Coloradans or in coordinating emergency response at the local, state, or federal level to identify additional questions for future consideration by the program. The task force is authorized to contract with an outside consultant to assist the task force in completing its work.The task force is required to submit a report with its findings and recommendations to the house public health care and human services committee and the senate health and human services committee by December 1, 2023. The task force is required to meet at least once every 2 months. Task force members serve without compensation and are not eligible for reimbursement for expenses. The act is repealed effective September 1, 2024.(Note: This summary applies to this bill as enacted.)
