The bill establishes the medicaid fraud control unit (unit) in the department of law. The unit is responsible for investigation and prosecution of medicaid fraud and waste, as well as patient abuse, neglect, and exploitation. Prior to initiating a criminal prosecution, the unit must consult with the district attorney of the judicial district where the prosecution would be initiated. The department of health care policy and financing is authorized to require medicaid providers to include information about reporting medicaid fraud to the unit in any explanation of benefits provided to a medicaid beneficiary. The bill creates offenses related to making false statements on applications, medicaid fraud, and credit and recovery of medicaid payments. The bill makes it unlawful to receive certain kickbacks, bribes, and rebates related to the administration of a medicaid service. Actions brought under the provisions of the bill must commence within 3 years after the discovery of the offense, but no later than six years after the commission of the offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of a business. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee. Under current law, the general assembly establishes in its annual general appropriations bill the amount that the department of corrections (department) is required to reimburse any county or city and county for a portion of the expenses and costs incurred by that county or city and county for the confinement and maintenance in a local jail of any person who is sentenced to a term of imprisonment in a correctional facility. The bill states that, to assist the general assembly in determining such rate of reimbursement, each county and each city and county shall report to the joint budget committee the average cost of confining and maintaining persons in a local jail for more than 72 hours after each such person has been sentenced to the custody of the department. The joint budget committee is required to establish guidelines to ensure that each county and each city and county reports costs in a uniform manner.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires local juvenile services planning committees to devise a plan to manage dually identified crossover youth. A dually identified crossover youth is a youth involved in both the juvenile justice system and the child welfare system. The plan must contain descriptions and processes to include the following: A process for the identification of dually identified crossover youth at the earliest reasonable point of contact; A method for collaborating and exchanging information with other judicial districts; A process for promptly communicating information about the youth's crossover status between the child welfare and juvenile justice systems and to notify each other of the new involvement in the respective system or information that may aid in the identification of dually identified crossover youth; A process for identifying the least restrictive appropriate placement; A process for sharing and gathering information in accordance with applicable laws and rules; A process for the development of a single case management plan and identification of the lead agency for case management purposes; A process that facilitates the sharing of assessments and case planning information; A process for a multi-disciplinary group of professionals to consider decisions that include: Youth and community safety, placement, provision of needed services, alternatives to detention and commitment, probation, parole, permanency, education stability, and case closure; and A requirement that dually identified crossover youth placed in a secure detention facility who are deemed eligible for release by the court be placed in the least restrictive setting whenever possible to reduce the disparity between dually identified crossover youth and nondually identified crossover youth in secure detention. The bill allows marijuana tax cash fund money to be used for the development of local dually identified crossover youth plans and services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under Colorado criminal law there is a rape shield law that presumes that evidence of a victim's sexual conduct is irrelevant and not admissible except for: Evidence of the victim's prior or subsequent sexual conduct with the defendant; or Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts were or were not committed by the defendant. The bill creates a similar presumption in a civil proceeding involving alleged sexual misconduct. If a party wants to introduce sexual conduct evidence, it must file a confidential motion with the court at least 63 days prior to trial. Prior to ruling on the motion, the court shall conduct an in camera hearing and allow the parties and alleged victim to attend and be heard. All motions and all related records are kept under seal unless the court orders that the evidence is admissible. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Business Affairs and Labor Committee. The bill implements the recommendations of the department of regulatory agencies' (department) sunset review and report on requirements and procedures regarding the preparation of a cost-benefit analysis by: Continuing the requirements and procedures indefinitely ( recommendation 1 , sections 1 and 2 of the bill); Requiring state rule-making agencies to include on their applicable websites information about the cost-benefit analysis process and a link to the online regulatory notice enrollment form created by the executive director of the department or the executive director's designee ( recommendation 2 , section 2).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, members of the restorative justice coordinating council may not be reimbursed for expenses. The bill allows reimbursement of expenses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill enacts the 'Genetic Counselor Licensure Act'. On and after June 1, 2019, a person cannot practice genetic counseling without being licensed by the director of the division of professions and occupations in the department of regulatory agencies. To be licensed, a person must have graduated with an appropriate genetic counseling degree and have been certified by a national body, except that the director may issue a provisional license to a candidate for certification pursuant to requirements established by rule. The bill gives title protection to genetic counselors and standard licensing, rule-making, and disciplinary powers to the director. Genetic counselors must have insurance unless the director, by rule, finds that insurance is not reasonably available. The bill repeals the act on September 1, 2025. Genetic counselors are subject to the mandatory disclosures of the 'Michael Skolnik Medical Transparency Act of 2010'. $22,677 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund to implement the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill enacts the 'Asbestos Bankruptcy Trust Claims Transparency Act'. Federal bankruptcy law provides companies with asbestos liabilities the ability to channel their future liabilities into trusts. Plaintiffs harmed from asbestos exposure may file claims with the trusts and file lawsuits against companies that are still solvent. The bill addresses the disconnect between these separate compensation systems. The bill sets forth requirements for the filing of asbestos trust claims and provides for their admissibility so that juries are informed about all of a plaintiff's exposure to asbestos and can properly determine fault. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The Colorado department of human services (department) operates numerous facilities in the state that provide direct care to vulnerable people, including veterans and their families, youth in rehabilitation programs, people with intellectual and developmental disabilities, and people with mental health diagnoses. Current law specifies when an employee of the department (employee) will be suspended or dismissed after being charged with specified criminal offenses. However, the department has encountered difficulty in suspending, dismissing, or otherwise disciplining employees through the administrative process when the employee was involved in an egregious incident of mistreatment of a vulnerable person but was not convicted of a criminal offense. The bill specifies that: In considering a disciplinary action against an employee for engaging in mistreatment, abuse, neglect, or exploitation, against a vulnerable person, the appointing authority shall give weight to the safety of vulnerable persons over the interests of any other person. If the appointing authority finds that the employee has engaged in mistreatment, abuse, neglect, or exploitation against a vulnerable person, the appointing authority may take such disciplinary action as the appointing authority deems appropriate, up to and including termination, taking into consideration the harm or risk of harm to vulnerable persons created by the employee's actions.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Recent legislation changed the expiration dates of real estate licenses from an anniversary date 3 years after the date of initial issuance to December 31 of the third year after issuance and did not allow the real estate commission a period to transition licenses. To allow more flexibility in transitioning from the anniversary date system to the calendar-year system, the bill authorizes the commission to issue licenses that expire on December 31 of the year of issuance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sentencing in the Criminal Justice System Interim Study Committee. Under current law, the length of a mandatory parole sentence for a class 2 and 3 felony is 5 years. The bill lowers the length of mandatory parole for a class 2 felony if the offense is not a crime of violence and a class 3 felony to 3 years.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
