Under current law, health benefit plans are required to cover health care services delivered to a covered person by a provider via telehealth in the same manner that the plan covers health care services delivered by a provider in person. The bill clarifies that: A health plan cannot restrict or deny coverage of telehealth services based on the communication technology or application used to deliver the telehealth services; The availability of telehealth services does not change a carrier's obligation to contract with providers available in the community to provide in-person services; A covered person may receive telehealth services from a private residence, but the carrier is not required to pay or reimburse for any transmission costs or originating site fees the covered person incurs; A carrier is to apply the applicable copayment, coinsurance, or deductible amount to health care services a covered person receives through telehealth, which amount cannot exceed the amount applicable to those health care services when delivered through in-person care; and Telehealth includes health care services provided through HIPAA-compliant audio-visual communication or the use of a HIPAA-compliant application via a cellular telephone but does not include voice-only telephone communication or text messaging.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill updates certain limited terms in statute that refer to persons with intellectual and developmental disabilities or physical disabilities using insensitive or outdated terminology. The bill changes references as follows: 'Mentally retarded', 'mentally deficient person', and 'mental deficiency' or 'mentally deficient' to ' a person with an intellectual and developmental disability'; 'Mental defect' to 'mental illness'; and 'Physical defect' to 'physical disability'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law authorizes 2 grant programs relating to forest management: One relating to wildfire risk reduction that is administered by the department of natural resources, which is financed by a one-time transfer of $1 million from the general fund, and one relating to landscape-scale forest health that is administered by the state forest service located within Colorado State University, which is financed by annual transfers of $1 million from the severance tax operational fund that ended on July 1, 2016. Section 1 of the bill repeals the grant program administered by the department of natural resources, and section 4 transfers it to the state forest service, renamed as the 'forest restoration and wildfire risk mitigation grant program'. Section 4 also adjusts the composition of the technical advisory panel and specifies that the panel is no longer subject to sunset review. Sections 2 and 3 realign the funding for the new grant program and the healthy forest and vibrant communities fund by allowing $50,000 that had been allocated to the department of public health and environment relating to the air quality impacts of prescribed fire to be used for any authorized purpose of the healthy forests and vibrant communities fund and extending funding for the consolidated grant program for 7 years. Section 2 also allows the forest service to use the existing unencumbered balance of the forest restoration and wildfire risk mitigation grant program cash fund for community watershed restoration purposes. Section 3 also extends the funding for 2 related forest programs for 7 years. Section 5 makes the bill effective on July 1, 2017.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the commissioner of agriculture to determine the level of delta-9 tetrahydrocannabinol in industrial hemp by measuring the combined concentration of delta-9 tetrahydrocannabinol and its precursor tetrahydrocannabinolic acid. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill addresses reporting requirements of the department of public health and environment. Sections 1, 6, 7, 8, 12, and 15 of the bill continue indefinitely the reporting requirements contained in those statutory sections. Sections 2 to 5, 9, 10, 11, and 13 repeal reports that are or were scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently there are no repeal dates listed in the organic statute. Section 14 adds a repeal date in the organic statute that coincides with the scheduled repeal date specified in section 24-1-136 (11)(a)(I). (Note: This summary applies to this bill as introduced.)
For the purposes of the schedules of controlled substances, the bill exempts from the definition of 'anabolic steroid' human chorionic gonadotropin licensed for animal use only if it is expressly intended for administration through implants or injection into cattle or other nonhuman species and has been approved by the secretary of health and human services for such administration. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
For elections conducted under both the 'Uniform Election Code of 1992' (uniform code) and the 'Municipal Election Code of 1965' (municipal code), an elector who shows his or her ballot after it is prepared for voting in such a way as to reveal its contents, commonly known and referred to as a 'ballot selfie', is subject to a criminal misdemeanor penalty. Section 1 of the bill modifies the ballot selfie prohibition in the uniform code. Specifically, section 1 deletes existing language prohibiting a voter from showing his ballot after it is prepared for voting to any person in such a way as to reveal its contents. Under the bill, any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in the uniform code. The bill further provides that any voter makes available an image of the voter's own ballot through electronic means after it is prepared for voting is deemed to have consented to the transmittal of that image. The ability of a voter to exercise such right at a voter service and polling center (VSPC) or at any other location at which votes are being tabulated is subject to the power of a county clerk and recorder to monitor activity at such VSPC or other location, including placing reasonable restrictions on the use of photography in such settings or imposing other restrictions on activity in such settings as the county clerk and recorder finds necessary, to ensure the fair and efficient conduct of elections. Section 2 of the bill makes parallel modifications to the municipal code as section 1 of the bill makes to the uniform code regarding ballot selfie requirements.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Each person elected or appointed to the office of sheriff is required, with certain exceptions, to undergo at least 20 hours of in-service training each year during the sheriff's term. The bill modifies this provision to require each sheriff to undergo at least the number of hours required for all certified peace officers by the peace officers standards and training board (POST board), but in no case less than 20 hours. Current law further requires the training to be provided by the county sheriffs of Colorado, incorporated. The bill allows the training to also be provided by any other training resource agency approved by the POST board. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the Urban Peak Housing and Support Services for Youth Experiencing Homelessness fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue (department) certifies to the revisor of statutes that: There is a space available on the form; and The fund is next in the queue. Once the fund is placed on the form, the department is directed to determine annually the total amount contributed to the fund and report that amount to the state treasurer and the general assembly. The state treasurer is required to credit that amount to the fund, and the general assembly appropriates from the fund to the department the costs of administering moneys designated for the fund. After that amount is deducted, the moneys remaining in the fund at the end of a fiscal year are transferred to Urban Peak, a nonprofit organization. Following the statutory 2-year grace period for new tax check-offs, the fund is required to achieve the minimum contribution amount of $50,000 per year to remain on the form. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, peer support team members for certain first responders and a first responder may not be required to testify about communications made during the peer support process without the first responder's consent. The bill clarifies that the communication need not be during an individual peer support meeting. Under current law, there is an exception to the privilege if the information provided to the peer support team member indicates certain actual or suspected crimes. The bill adds crimes against at-risk persons to the list of crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill removes certain data-gathering factors currently required to be taken into consideration in determining a fiscal year's child welfare allocation formula for counties and replaces those with a broader scope of factors that directly affect the population of children in need of child welfare services, as determined by the state department of human services and the child welfare allocations committee. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Under current law, if an executive branch agency rule, including a form incorporated into a rule, contains a citation to statute and the general assembly later relocates the statute in a way that renders the rule's citation to the statute inaccurate, to update the statutory citation the agency must conduct a rule-making hearing, including issuing a notice and receiving comments. The bill allows agencies to correct statutory citations in the code of Colorado regulations without notice, comment, or a hearing by submitting to the secretary of state a specific, written determination by the attorney general. (Note: This summary applies to this bill as introduced.)
