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signed · Colorado · Senate Jun 17, 2021

SB 21-118: Alternative Response Mistreatment At-risk Adults

Current law allows for only one type of response for a county department of human or social services (county department) to follow after a report of mistreatment or self-neglect of an at-risk adult, regardless of the level of risk reported. That type of response requires a full investigation, including unannounced initial in-person interviews, and a finding by the county department.The act creates, on or after January 1, 2022, an alternative response pilot program (pilot) that a participating county department can utilize when it receives a report, related to an at-risk adult, of mistreatment or self-neglect (report), and the report has identified the risk as lower risk, as defined by rules promulgated by the state department of human services (state department).The state department shall select a maximum of 15 rural and urban county departments to participate in the pilot. Upon receipt of a report, a participating county department will not make a finding nor will it be required to complete unannounced initial in-person interviews, so long as the report has identified the risk as lower risk, as defined by rule of the state department. If, upon further review, the participating county department determines the situation is more severe, it shall revert to the process that is currently set forth in law for investigating a report.The state department shall provide initial training on the pilot to participating county departments, as well as ongoing technical assistance.The state department shall promulgate rules for the implementation and administration of the pilot. The rules must include, at a minimum, a description of the risk levels and the parameters around unannounced initial in-person interviews.The state department shall contract with a third-party evaluator to evaluate the pilot's success or failure, including a consideration of the pilot's effectiveness in achieving outcomes over a 2-year period.Each participating county department shall submit a report to the state department, as necessary, regarding the county department's use of the pilot and any data required by the state department to effectively evaluate the pilot.The state department shall submit a summary report to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentations in January 2025 and January 2026.The pilot is repealed, effective July 1, 2027.For the 2021-22 state fiscal year, the act appropriates $173,351 to the department of human services for use by adult protective services. This appropriation is from the general fund and is based on an assumption that adult protective services will require an additional 0.9 FTE. To implement this act, adult protective services may use this appropriation for state administration.(Note: This summary applies to this bill as enacted.)
Bob Gardner (R) Rod Pelton (R) Marc Snyder (D) Joann Ginal (D)
signed · Colorado · House Jun 17, 2021

HB 21-1215: Expansion Of Justice Crime Prevention Initiative

The justice reinvestment crime prevention initiative (initiative), administered by the Colorado department of local affairs in the division of local government (department), incorporates programs that expand small business lending and provide grants aimed at reducing crime and promoting community development in certain target communities. Effective September 1, 2021, the act:Expands the initiative to include Grand Junction and Trinidad; and Adds a statewide business and entrepreneurship training and grant program for justice-system-involved persons to the initiative. The act also modifies the sunset review and repeal date for the initiative from September 1, 2023, to September 1, 2027, and makes an appropriation.(Note: This summary applies to this bill as enacted.)
Pete Lee (D) David Ortiz (D) Richard Holtorf (R) Dennis Hisey (R)
signed · Colorado · House Jun 17, 2021

HB 21-1270: Appropriation To Department Of Human Services For Supplemental Assistance Nutrition Program

The act appropriates $3,000,000 to the department of human services (department) in order to seek a 50% match from the federal government for the Colorado employment first program within the supplemental nutrition assistance program. The act requires the department to direct county departments and any third-party partners to prioritize any state or federal money received to fund employment support and job retention services and to support work-based learning opportunities for Colorado employment first participants. Any remaining money may be used to initiate and enhance current and additional state- or county-initiated third-party partnerships.(Note: This summary applies to this bill as enacted.)
Tony Exum (D) Rhonda Fields (D) Yadira Caraveo (D) Barbara Kirkmeyer (R)
signed · Colorado · Senate Jun 16, 2021

SB 21-185: Supporting Educator Workforce In Colorado

Current law limits the content areas in which a person who holds an adjunct instructor authorization may teach. The act allows a school district or charter school to employ a person who holds an adjunct instructor authorization to teach in all content areas in order to address recruiting challenges and establish a diverse workforce.The act requires the department of education (department) to direct resources to publicize existing teacher preparation programs to facilitate entry into the teaching profession. The act also requires the department to provide technical support to school districts, boards of cooperative services, and charter schools to assist them in accessing the existing programs and in recruiting individuals to pursue teaching careers.The act requires the department of higher education, in collaboration with the department of education, the state board for community colleges and occupational education, and the deans of the schools of education and academic administrators in Colorado institutions of higher education, or their designees, to design a teaching career pathway for individuals to enter the teaching profession. The act outlines the components of the teaching career pathway program.The act creates the teacher recruitment education and preparation program (TREP program) in the department. Two of the main objectives of the TREP program are to increase the number of students entering the teaching profession and to create a more diverse teacher workforce to reflect the ethnic diversity of the state. A qualified TREP program participant may concurrently enroll in postsecondary courses in the 2 years directly following the year in which the participant was enrolled in the twelfth grade of a local education provider. The act outlines the selection criteria and requirements for the TREP program.The act creates the educator recruitment and retention program (ERR program) in the department to provide support to members of the armed forces, nonmilitary-affiliated educator candidates, and local education providers to recruit, select, train, and retain highly qualified educators across the state. The state board of education shall promulgate rules to implement the ERR program. The act outlines the eligibility criteria and program services.The act adds criteria for the commission on higher education to select eligible applicants for the educator loan forgiveness program.The act requires the university of Colorado health and sciences center to establish and operate an educator well-being and mental health program to provide support services for educators serving students in Colorado's public elementary and secondary schools.For the 2021-22 state fiscal year, $9,132,856 is appropriated from the general fund to the department of education to implement the act. For the 2021-22 state fiscal year, $942,542 is appropriated from the general fund to the department of higher education to implement the act. For the 2021-22 state fiscal year, $2,500,000 is appropriated from the general fund to the educator loan forgiveness fund. The department of higher education is responsible for the accounting related to the appropriation for the educator loan forgiveness fund.(Note: This summary applies to this bill as enacted.)
signed · Colorado · Senate Jun 16, 2021

SB 21-175: Prescription Drug Affordability Review Board

The act creates the Colorado prescription drug affordability review board (board) in the division of insurance (division) in the department of regulatory agencies as an independent unit of state government, requires the board to perform affordability reviews of prescription drugs, and authorizes the board to establish upper payment limits for prescription drugs the board determines are unaffordable for Colorado consumers. The board is also required to promulgate rules as necessary for its purposes.The board shall determine by rule the methodology for establishing an upper payment limit for a prescription drug. An upper payment limit applies to all purchases of and payer reimbursements for the prescription drug dispensed or administered to individuals in the state in person, by mail, or by other means. Any savings generated for a health benefit plan as a result of an upper payment limit established by the board must be used by the carrier that issued the health benefit plan to reduce costs to consumers, prioritizing the reduction of out-of-pocket costs for prescription drugs.On and after January 1, 2022, the act prohibits, with certain exceptions, any purchase or payer reimbursement for a prescription drug at an amount that exceeds the upper payment limit established by the board for that prescription drug.A person aggrieved by a decision of the board may appeal the decision within 60 days. The board shall consider the appeal and issue a final decision concerning the appeal within 60 days after the board receives the appeal. Final board decisions are subject to judicial review.Any prescription drug manufacturer (manufacturer) that intends to withdraw from sale or distribution within the state a prescription drug for which the board has established an upper payment limit must notify, at least 180 days before the withdrawal:The commissioner; The attorney general; and Each entity in the state with which the manufacturer has contracted for the sale or distribution of the prescription drug. The commissioner may impose a penalty of up to $500,000 on a manufacturer that fails to comply with the notice requirement. The board is directed to adopt rules regarding notice to consumers of a manufacturer's intent to withdraw a prescription drug from sale or distribution in the state.Beginning in the 2022 calendar year, for all prescription drugs dispensed at a pharmacy and paid for by a carrier during the immediately preceding calendar year, the act requires each carrier and each pharmacy benefit management firm acting on behalf of a carrier to report certain information to the all-payer health claims database.The act creates the Colorado prescription drug affordability advisory council to provide stakeholder input to the board.The board must submit an annual report to the governor and to subject matter committees of the general assembly summarizing the activities of the board during the preceding calendar year, and the chair of the board must present to those committees information concerning any prescription drug for which the board established an upper payment limit during the preceding calendar year. Upon approval of a majority of the committee members, any member of the committees may pursue legislation to discontinue the upper payment limit for a particular prescription drug, and the legislation does not count against the limit on the number of bills the member may introduce in a regular legislative session.The board and its functions are repealed, effective September 1, 2026, following a sunset review by the department of regulatory agencies.For the 2021-2022 state fiscal year, the act appropriates $730,711 from the division of insurance cash fund to the department of regulatory agencies. Of this amount, $325,297 is appropriated for use by the division for personal services, $22,650 is appropriated for use by the division for operating expenses, and $382,824 is appropriated for the purchase of legal services, which amount is reappropriated to the department of law for providing legal services.(Note: This summary applies to this bill as enacted.)
signed · Colorado · Senate Jun 16, 2021

SB 21-236: Increase Capacity Early Childhood Care & Education

The act creates 4 new grant programs to increase capacity for early childhood care and education, improve recruitment and retention rates for early childhood educators (educators), and improve salaries for educators. The act makes an appropriation.Specifically, the act creates the following programs:The employer-based child care facility grant program; The early care and education recruitment and retention grant and scholarship program; The child care teacher salary grant program; and The community innovation and resilience for care and learning equity (CIRCLE) grant program. The act also eliminates the repeal dates for the child care sustainability grant program and the emerging and expanding child care grant program.The act appropriates money for the grant programs from the general fund as well as from federal funds from the child care development fund.The act makes the following appropriations:During the 2020 special session, the general assembly appropriated money for early childhood education. The act states that any of that money not expended prior to July 1, 2021, is further appropriated to the department of human services for the next fiscal year for the same purpose. For the 2020-21 state fiscal year, $8,800,000 is appropriated to the department of human services for use by the office of early childhood. This appropriation is from the general fund. To implement this act, the office of early childhood may use this appropriation as follows: $100,000 for administration, which amount is based on an assumption that the office will require an additional 1.0 FTE; and $8,700,000 for the employer-based child care facility grant program. Any money appropriated but not expended prior to July 1, 2021, is further appropriated to the department of human services for use by the office of early childhood for the 2021-22 state fiscal year for the same purposes. For the 2021-22 state fiscal year, $320,241,576 is appropriated to the department of human services for use by the office of early childhood. This appropriation is from federal funds from child care development funds. To implement this act, the office of early childhood may use this appropriation as follows: $292,700,664 for the child care sustainability grant program, which amount is based on an assumption that the office will require an additional 3.0 FTE. Any money appropriated for the child care sustainability grant program but not expended prior to July 1, 2022, is further appropriated for use by the office of early childhood for the 2022-23 state fiscal year for the same purposes; $16,800,000 for the community innovation and resilience for care and learning equity (CIRCLE) grant program, which amount is based on an assumption that the office will require an additional 1.0 FTE. Any money appropriated to the community innovation and resilience for care and learning equity (CIRCLE) grant program but not expended prior to July 1, 2022, is further appropriated for use by the office of early childhood for the 2022-23 state fiscal year for the same purposes; $7,200,000 for the early care and education recruitment and retention grant and scholarship program, which amount is based on an assumption that the office will require an additional 4.0 FTE; $3,000,000 for the child care teacher salary grant program, which amount is based on an assumption that the office will require an additional 1.0 FTE; and $540,912 for the administration, monitoring, compliance, and reporting requirements associated with the money appropriated in this subsection (3), which amount is based on an assumption that the office will require an additional 4.0 FTE. For the 2021-22 state fiscal year, $58,622,936 is appropriated to the department of human services for use by the office of early childhood. This appropriation is from federal funds from child care development funds. The office of early childhood may use this appropriation as follows: $23,845,252 for the child care assistance program; $32,455,511 for child care grants for quality and availability and federal targeted funds requirements, which amount is based on an assumption that the office will require an additional 6.0 FTE; $2,150,000 for the early childhood mental health consultation program, which amount is based on an assumption that the office will require an additional 1.0 FTE; and $172,173 for the administration, monitoring, compliance, and reporting requirements associated with the money appropriated in this subsection (4), which amount is based on an assumption that the office will require an additional 2.0 FTE.(Note: This summary applies to this bill as enacted.)
Tammy Story (D) Tonya Van Beber (R) Kerry Tipper (D) Jerry Sonnenberg (R)
signed · Colorado · Senate Jun 16, 2021

SB 21-252: Community Revitalization Grant Program

The act establishes the community revitalization grant program (grant program) in the division of creative industries (division) in the office of economic development (office). The grant program is established to provide money awards to finance various projects across the state that are intended to create or revitalize mixed-use commercial centers. The grant program is intended to support creative projects in these commercial centers that would combine revitalized or newly constructed commercial spaces with public or community spaces including but not limited to certain projects specified in the act. In allocating grant money under the grant program, preference will be given to certain projects based on prioritization factors enumerated in the act. All grants awarded under this section must be encumbered no later than December 31, 2022.The division will administer the grant program in consultation with the division of local government (DLG) in the department of local affairs (DOLA). The division may contract out part of its administrative duties under the grant program to a third-party administrative entity.In connection with the administration of the grant program, the division and DLG are required to collaborate in creating a process that ensures that grants are only considered and awarded after a fair and rigorous open competition among eligible grant recipients. The division and DLG are also required to collaborate on the review of grant applications and the approval of grant awards. In connection with the review of grant applications and awards, the division must solicit input from a stakeholder group that includes representation from various groups and entities as specified in the act.On or before September 1, 2021, the director of the division, in consultation with the director of the DLG or their designees, are required to adopt polices, procedures, and guidelines for the grant program that include without limitation:Procedures and timelines by which an eligible recipient may apply for a grant; Criteria for determining grant eligibility and grant amounts; and Reporting requirements for grant recipients. The act specifies the types of projects meriting preference in the awarding of grants.The act creates the community revitalization fund (fund) in the state treasury. On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $65 million from the general fund to the fund. All money transferred is to be used for either grant awards or the costs of administering the grant program.On or before November 1, 2022, and on or before November 1, 2023, the division is required to publish a report summarizing the use of all of the money that was awarded as grants under the grant program in the preceding fiscal year. The act specifies additional required components of the report. The report must be posted on the website of the office. The act requires the office to summarize the information contained in the report in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.On June 30, 2021, if there is unexpended and unencumbered money remaining from the amount appropriated to DOLA in the 2020-21 state fiscal year for the program providing small business relief to address the negative effects of capacity limits due to the COVID-19 pandemic, the act requires the state treasurer to transfer $7,000,000 of the unexpended and unencumbered amount to DOLA for use by the DLG in administering the Colorado main street program.The act reduces the 2020-21 state fiscal year appropriation to DOLA for use by the DLG from $37,000,000 to $30,000,000. For the 2021-22 state fiscal year, the act appropriates $7,000,000 to DOLA for use by the DLG for the Colorado main street program.(Note: This summary applies to this bill as enacted.)
Chris Holbert (R) Susan Lontine (D) Steve Fenberg (D) Brianna Titone (D)
signed · Colorado · House Jun 16, 2021

HB 21-1234: Supplemental Education High-impact Tutoring Programs

The act creates the Colorado high-impact tutoring program (program) to provide grant funding to local education providers, as defined in the act to include school districts and charter schools and others, to create high-impact tutoring programs (tutoring programs) to address student learning loss and unfinished learning due to the presence of the COVID-19 pandemic in Colorado.A local education provider or group of providers may apply to the department of education (department) for a grant. To receive a grant, a local education provider shall apply to the department and shall demonstrate need, as determined by the department, which may include serving low-income or underserved students. The application must also include the local education provider's plan for its tutoring program (program plan), which must include the elements of a tutoring program and must detail how the local education provider will implement the program plan. The department shall review grant applications, and the commissioner of education (commissioner) shall award grants. In awarding grants, the commissioner shall consider the alignment of the local education provider's program plan with the requirements of the tutoring program, the number of students projected to be served, the needs of a rural local education provider for financial or technical support to implement a tutoring program, the cost of implementing the local education provider's tutoring program, the amount of available money for program grants, and any other criteria determined by the commissioner. The state board of education may promulgate rules necessary to implement the program.Each year in which a grant is awarded, the act requires a local education provider receiving a grant to report to the department information concerning the implementation of the tutoring program, including student outcomes. The department shall also report annually to the education committees of the general assembly summarizing local education providers' tutoring programs and student outcomes. The department is not required to implement the program if there is insufficient money to award program grants. The act is repealed July 1, 2026.The act appropriates $4,981,720 and 1.1 FTE to the department of education to implement the act.(Note: This summary applies to this bill as enacted.)
Bob Rankin (R) Dominick Moreno (D) Mary Bradfield (R) Kerry Tipper (D)
signed · Colorado · House Jun 16, 2021

HB 21-1104: Professional Educator Licensure Renewal Period

The act extends the renewal period for professional teacher, special services educator, principal, and administrator licenses from 5 to 7 years. The act allows for a professional teacher, special services educator, principal, or administrator who is partially through the current 5-year licensing cycle to have that extended to 7 years for that particular cycle.The act makes the following appropriations through adjustments to the long bill:The cash funds appropriation from the educator licensure cash fund made in the annual general appropriation act for the 2021-22 state fiscal year to the department of education for the office of professional services is decreased by $292,532, and the related FTE is decreased by 4.0 FTE. For the 2021-22 state fiscal year, $2,922,976 is appropriated to the department of education. This appropriation is from the general fund. To implement this act, the department may use this appropriation for the office of professional services. Any money appropriated not expended prior to July 1, 2022, is further appropriated to the department for the 2022-23 state fiscal year for the same purpose.(Note: This summary applies to this bill as enacted.)
signed · Colorado · Senate Jun 16, 2021

SB 21-202: Public School Air Quality Improvement Grants

The act transfers $10 million from the general fund to the public school capital construction assistance fund (assistance fund) for the purpose of providing "Building Excellent Schools Today Act" (BEST) grants to fund public school air quality improvement projects. The public school capital construction assistance board (board) is authorized to make the grants and is required to prioritize grant awards based on grant applicants' existing calculated local match requirements for BEST grants, with applicants with the lowest matching money requirements having the highest priority and applicants with the highest matching money requirements having the lowest priority. The board is also required to submit a report about the grants to the general assembly during the department of education's 2022 "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation to legislative committees of reference. Notwithstanding the use of existing calculated local match requirements for grant prioritization purposes, the grants are exempted from existing matching money requirements for BEST grants. $10 million is appropriated from the assistance fund to the board for state fiscal year 2020-21, and any of the money not expended before July 1, 2021, is further appropriated to the board for state fiscal year 2021-22 for the same purpose.(Note: This summary applies to this bill as enacted.)
Dominick Moreno (D) Paul Lundeen (R) Emily Sirota (D) Colin Larson (R)
signed · Colorado · House Jun 16, 2021

HB 21-1232: Standardized Health Benefit Plan Colorado Option

The act requires the commissioner of insurance (commissioner) in the department of regulatory agencies to establish a standardized health benefit plan by rule on or before January 1, 2022, to be offered by health insurance carriers (carriers) in the individual and small group markets. The standardized plan must:Offer health-care coverage at the bronze, silver, and gold levels of coverage; Include pediatric and other essential health benefits; Be offered through the Colorado health benefit exchange and in the individual market; Have a standardized benefit design that is created through a stakeholder engagement process, has a defined benefit design and cost sharing that improves access and affordability, and is designed to improve racial health equity and decrease racial health disparities; Provide by, among other measures, providing first-dollar, predictable coverage for certain high value services; Be actuarially sound and allow carriers to meet financial requirements; Comply with state and federal law; and Have a provider network (network) that is culturally responsive and reflects the diversity of its enrollees and be no more narrow than the most restrictive nonstandardized plan offered by the carrier. Each carrier must:Include, as part of its network access plan for the standardized plan, a description of its efforts to construct diverse, culturally responsive networks; Include a majority of the essential community providers in the service area in its network; and Allow consumers to easily compare the standardized health benefit plans offered by each carrier. Additionally, the act requires the commissioner to:Promulgate rules regarding network adequacy; Contract with an independent third party to conduct an analysis of the implementation of the standardized health benefit plan and the related requirements; and Collaborate with the health benefit exchange to conduct a consumer survey. Beginning January 1, 2023, and each year thereafter, the act requires carriers that offer:An individual health benefit plan in Colorado to offer the standardized health benefit plan in the individual market in each county where the carrier offers an individual plan; and A small group health benefit plan in Colorado to offer the standardized health benefit plan in the small group market in each county where the carrier offers a small group plan. In the individual market and in the small group market, each carrier shall offer a standardized health benefit plan premium that:For 2023, is at least 5% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation; For 2024, is at least 10% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation; For 2025, is at least 15% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation; For 2026 and each year thereafter, is increased above the premium in the previous year by no more than medical inflation, relative to the previous year. The act also requires each carrier to file its premium rates for the standardized health benefit plan with the commissioner. If a carrier or health-care provider anticipates that a carrier will be unable to meet network adequacy standards or the premium rate requirements due to a reimbursement rate dispute, the carrier or the health-care provider may initiate nonbinding arbitration prior to filing rates for the standardized health benefit plan. If a carrier cannot meet the premium rate requirements, the carrier must notify the commissioner of the reasons. The division shall hold a public hearing concerning network adequacy and premium rates. Based on evidence at the hearing, the commissioner may establish carrier reimbursement rates for hospitals and health-care providers and require the hospitals and health-care providers to accept patients and the established reimbursement rates. The act establishes limits on the reimbursement rates that may be set.The act creates an advisory board, with members appointed by the governor, to implement the standardized health benefit plan. The advisory board is charged with considering recommendations to streamline prior authorization and utilization management processes, recommend ways to keep health-care services in communities where patients live, and to consider alternative payment models.The commissioner may apply to the secretary of the United States department of health and human services for a state innovation waiver to capture savings as a result of the implementation of the standardized health benefit plan. Upon approval of the waiver, the commissioner is authorized to use any federal money for the implementation of the bill and for the Colorado health insurance affordability enterprise.The act requires the commissioner to:Contract with an independent third party to prepare reports regarding the implementation of the bill; Monitor whether there is an adequate number of health-care providers in the carriers' standardized health benefit plan network and the percentage of premiums attributable to health-care providers in the network; Contract with an independent third-party organization to evaluate how to phase in a hospital's reimbursement rate methodology; Report various findings during the hearings conducted pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act"; and Disapprove of a rate filing submitted by a carrier if the rate filing reflects a cost shift between the standardized health benefit plan and the health benefit plan for which rate approval is being sought. The department of public health and environment, upon notice from the commissioner, may fine or suspend or impose conditions on a hospital that refuses to participate in the standardized health benefit plan.The act creates the office of the insurance ombudsman in the department of health care policy and financing to act as an advocate for consumer interests in matters related to access to and affordability of the standardized health benefit plan.To implement this act:$1,409,637 is appropriated to the department of regulatory agencies for use by the division of insurance and the executive director's office, $212,680 of which is reappropriated to the department of law for the provision of legal services; and $78,993 is appropriated to the department of health care policy and financing.(Note: This summary applies to this bill as enacted.)
Dylan Roberts (D) Iman Jodeh (D) Kerry Donovan (D)
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