Based on the findings and recommendations of the committee on legal services, the act extends all state agency rules that were adopted or amended on or after November 1, 2019, and before November 1, 2020, with the exception of certain rules of the following agencies, as specifically listed in the act:The state board of education concerning administration of the public school transportation fund; The air quality control commission concerning stationary source permitting and air pollutant emission notice requirements; and A number of boards and commissions within the department of regulatory agencies concerning rules implementing H.B. 20-1326 and S.B. 20-102. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2021, on the grounds that the rules either conflict with statute or lack statutory authority.(Note: This summary applies to this bill as enacted.)
The law existing before the passage of the act required school districts, charter schools, and boards of cooperative services to demonstrate that, by the beginning of the 2021-22 school year, the kindergarten-through-third-grade teachers they employ have completed evidence-based training in teaching reading. The act extends the deadline for completing the training until the beginning of the 2022-23 school year.(Note: This summary applies to this bill as enacted.)
To be eligible for U nonimmigrant status (U visa) from the federal government, a requestor must receive a certification form from a certifying official attesting that the person has been the victim of certain criminal activity and has been, is being, or is likely to be helpful to the detection, investigation, or prosecution of the criminal activity. The act sets a required time frame for completion or denial of the certification request and sets forth the factors that may and may not be considered in the certification process. The act also prohibits certain disclosures to immigration authorities and requires law enforcement to provide crime victims with information about the U visa.(Note: This summary applies to this bill as enacted.)
The act requires each dental plan issued, amended, or renewed in this state to cover services offered to a covered person through telehealth. The act also requires the state's medical assistance program to reimburse providers for dental care services provided through telehealth.(Note: This summary applies to this bill as enacted.)
Under current law, the Colorado state fair authority (authority) and its board of commissioners are required to publish an annual report each year by October 31 and to distribute the report to the governor and the members of the legislative committees with jurisdiction over agricultural matters. The act changes the annual reporting deadline to January 31 or 10 days after the legislative audit committee releases the authority's financial audit, whichever is later, and requires that the report be submitted to all members of the general assembly.(Note: This summary applies to this bill as enacted.)
So long as it is not prohibited under federal law, the act permits adoptive parents who are parties to an adoption assistance agreement (agreement) to pay for services or items from a provider that is not enrolled in the medical assistance program. The services or items would otherwise be reimbursable under the medical assistance program pursuant to the terms of the agreement.The adoptive parents must determine if the special needs of the child or youth require items or services from the provider and must enter into a written agreement with the provider in which the adoptive parents agree to bear the cost of the items or services. The adoptive parents shall not seek reimbursement from the adoption assistance program or the medical assistance program after such items and services have been provided and paid for pursuant to the written agreement. Further, a county department of human or social services is not required to cover the cost of the items or services as part of the circumstances of the family or the anticipated needs of the eligible child or youth during subsidy negotiations; however, the act does not preclude consideration of any other family circumstances or anticipated needs for purposes of negotiating adoption assistance.The act requires the department of health care policy and financing to seek any federal authorization necessary pursuant to the medical assistance program to implement the policy.(Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the department of regulatory agencies in its sunset review of and report on the healthcare-associated infections and antimicrobial resistance advisory committee by extending the committee indefinitely.(Note: This summary applies to this bill as enacted.)
The act declares the intention of the general assembly to reverse the holding and decision in the Colorado supreme court's (court) January 13, 2020, opinion in In re: The Parental Responsibilities Concerning W.C. The act gives the court continuing jurisdiction during the pendency of an appeal:Under article 10 of title 14, to modify a decree respecting child support or maintenance; to make or modify an order granting or denying parenting time rights; and to modify an order allocating decision-making responsibilities; Under the "Uniform Child-custody Jurisdiction and Enforcement Act", to exercise temporary emergency jurisdiction; Under the "Uniform Child Abduction Prevention Act", to modify an order concerning the allocation of parental rights and responsibilities; and Under the "Uniform Parentage Act", to modify an order for child support or for allocation of parental rights and responsibilities.(Note: This summary applies to this bill as enacted.)
Section 39-21-102 accurately specifies the scope and applicability of article 21 of title 39 and establishes all the taxes that the department of revenue is responsible for administering. However, sections 39-21-119 and 39-21-120 attempt to reference similar lists of taxes in order to specify authorized methods of filing and paying the taxes. Unfortunately, some of the tax types are omitted in these sections, making these sections defective. The act removes the references to the tax types in sections 39-21-119 and 39-21-120 so that section 39-21-102 controls instead.(Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the department of regulatory agencies' sunset review and report concerning the "Michael Skolnik Medical Transparency Act of 2010" to continue the act for 7 years, until 2028.(Note: This summary applies to this bill as enacted.)
Under current law, a producer or purchaser is required to withhold an amount from each disbursement made to an interest owner in any oil and gas produced in the state and pay this amount to the department of revenue. The act fixes defects related to this law by:For purposes of electronic payments, replacing a cross-reference to a repealed subsection with a reference to the current statutory requirement; Expanding the defined term "producer" to be "producer or purchaser" to eliminate a redundancy in the law; and Repealing extraneous references to "oil shale" from the definition. The act also repeals obsolete filing requirements that applied prior to July 1, 2007.(Note: This summary applies to this bill as enacted.)
The act authorizes the department of human services (state department) to disclose the results of a CAPS check without a court order to:A health oversight agency within the department of regulatory agencies (DORA), or a regulator within such a health oversight agency, for the purpose of a regulatory investigation; or The court if an individual is petitioning the court for conservatorship or guardianship of an at-risk adult. The act requires an employer and a current or former employee to provide, upon request of a county department of human or social services and for the purposes of an investigation into an allegation of mistreatment, the professional license number issued by DORA for the employee who holds a health-care provider or health-care occupation license and who, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult.Current law requires the state department to promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. The act requires the state department to promulgate rules to address the process to share information on the outcome of an appeal with a health oversight agency within DORA, or a regulator within such health oversight agency, if the health oversight agency or its regulator requests information for the purpose of a regulatory investigation. Appeal information is confidential and used only for the regulatory investigation.Beginning January 1, 2022, the state department shall provide the court the results of a CAPS check, upon the court's request, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.The act requires the state department to promulgate rules that address:The process for the state department to notify a health oversight agency within DORA or a regulator within such health oversight agency when a professional regulated by a regulator within such health oversight agency is substantiated in a case of mistreatment of an at-risk adult; and The information that will be made available to a health oversight agency within DORA or a regulator within such health oversight agency for the purpose of conducting a regulatory investigation. A person who may be appointed as a conservator or guardian of an at-risk adult who knowingly provides inaccurate information to the court for a CAPS check commits a class 1 misdemeanor.Beginning January 1, 2022, prior to appointing a person as a conservator or guardian of an at-risk adult, the court shall request a CAPS check by the state department to determine if the person is substantiated in a case of mistreatment of an at-risk adult. Within 7 calendar days after the date of the court's request, if the person has been substantiated in a case of mistreatment of an at-risk adult, the state department shall provide the court with information concerning the mistreatment, unless the finding was expunged through a successful appeal to the state department. The state department shall disclose to the court that the person substantiated in a case of mistreatment of an at-risk adult has the right to initiate an appeal of the substantiated finding within the time frame set forth in state department rules. If the appeal is active, the state department shall inform the court that such appeal is active. The court shall have the discretion to consider the results of the CAPS check and determine the weight of the information and its probative value. Nothing delays or precludes the court's appointment of an emergency guardian or conservator of an at-risk adult, regardless of the timing of the state department's notification of the CAPS check results.The act requires the state department to notify the court within 7 calendar days after a substantiated finding of mistreatment by a person appointed as a conservator or guardian for an at-risk adult is subsequently entered into CAPS.The act requires the state department to notify a health oversight agency within DORA or a regulator within such health oversight agency within 10 calendar days after a substantiated finding of mistreatment by a professional regulated by DORA. Any information provided to a health oversight agency is confidential. A health oversight agency shall have the discretion to consider the results of the CAPS check and determine the weight of the information and its probative value.The act requires a licensee, certificate holder, or registrant substantiated in a case of mistreatment of an at-risk adult to provide the person's professional license number to county adult protective services.(Note: This summary applies to this bill as enacted.)
