Joint Budget Committee. The bill implements conflict-free case management for persons with intellectual and developmental disabilities who are enrolled in home- and community-based services under Colorado's medicaid program. The definition of conflict-free case management is included in the bill and reflects the policy that case management services are provided to a person with intellectual and developmental disabilities who is enrolled in home- and community-based services by an agency that is not also providing the same person services and supports unless a federal exemption is approved. The bill defines and creates case management agencies that will provide case management services, and contains provisions for the department of health care policy and financing's (department) oversight of case management agencies. The state medical services board (state board) shall promulgate rules upon the enactment of the bill for the certification and decertification of case management agencies, as well as rules that ensure that a person with intellectual and developmental disabilities enrolled in home- and community-based services has access to case management services and that there is a process for a person to select the case management agency of his or her choice. A case management agency shall develop an individualized plan for these persons. Designated community-centered boards shall continue to develop individualized plans for a child with disabilities from birth to age 2 and for persons eligible for other programs. The bill makes conforming amendments in existing statutes to add references to case management agencies, where relevant. The bill contains time frames for the implementation of conflict-free case management in Colorado. Initially, the department shall determine the options for community-centered boards to become compliant with conflict-free case management when serving persons with intellectual and developmental disabilities who are enrolled in home- and community-based services. Conflicted community-centered boards are required to develop a business continuity plan to transition to providing either case management services or services and supports to these persons. The bill includes a date by which all persons receiving home- and community-based services will be served through a system of conflict-free case management. The bill authorizes the department to seek a federal exemption from conflict-free case management in geographic areas within the state where the only willing and qualified entity to provide case management services is also the only willing and qualified entity to provide home- and community-based services in that geographic area. The bill contains procedures and time frames for rural community-centered boards, as defined in the bill, to request that the department seek the federal exemption. The bill includes provisions relating to the denial of a federal exemption and requires state board rules for when a federal exemption is pending and for when there are multiple agencies operating in the same geographic area. The bill authorizes and prioritizes the use of money in the intellectual and developmental disabilities services cash fund (cash fund) for systems changes related to the implementation of conflict-free case management and repeals the cash fund in 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The bill clarifies that the authorized purposes for which the marijuana tax cash fund may be used include behavioral services. The bill also repeals the offender mental health services fund, which no longer has a revenue source, and directs the remaining money in the fund to be transferred to the general fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill modifies the repeal date of the home care allowance grant program (program). The program will repeal when the revisor of statutes receives notice that there is a consumer-directed service delivery option available for homemaker, personal care, and medical support services for individuals who are receiving home-based and community-based services pursuant to the supported living services waiver. The bill requires the executive director of the department of human services and the executive director of the department of health care policy and financing to notify the revisor of statutes when the triggering event occurs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law caps the compensation that a special district board member may receive at $1,600 per year and $100 per meeting attended. The bill increases this amount to $2,400 per year and specifies that special meetings include study sessions in specified circumstances. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows a taxpayer that makes a capital investment in an enterprise data center operation in the state of a specified dollar amount within a consecutive 5-year period to enter into a memorandum of understanding with the office of economic development to transition to a different apportionment method for apportioning the income of the taxpayer. The memorandum of understanding must describe the amount of the capital investment and any other investments or actions on the part of the taxpayer that will support the economic development of the state. The bill specifies that a transition schedule must be included in the memorandum of understanding. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law permits a licensed retail liquor store to sell nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products. The bill excludes revenues from the sale of cigarettes, tobacco products, nicotine products; lottery products; ice, soft drinks, and mixers; and nonfood items related to the consumption of alcohol beverages from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law finances the state's water quality program with a mix of general fund money and fees that are paid by sources that discharge pollutants into the state's waters. Section 2 of the bill raises the fees and establishes goals for future adjustments of the ratio of revenue from fees and the general fund as follows: Commerce and industry sector: 50% general fund and 50% cash funds; Construction sector: 20% general fund and 80% cash funds; Municipal separate storm sewer: 50% general fund and 50% cash funds; Pesticides sector: 94% general fund and 6% cash funds; Public and private utilities sector: 50% general fund and 50% cash funds; and Water quality certifications sector: 5% general fund and 95% cash funds. Section 3 adjusts the reporting by the department of public health and environment on the uses of these funds. Section 5 transfers $809,107 from the water quality improvement fund to the general fund and further allocates that money to the commerce and industry, municipal separate storm sewer, and public and private utilities sector funds. Sections 6 through 13 make a variety of appropriations and adjustments to the 2017 long bill. Section 14 makes the fee increases take effect July 1, 2018.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate State, Veterans, and Military Affairs Committee. The bill implements the recommendations of the sunset review and report on the advisory boards for veterans community living centers by eliminating the repeal date of each such board and extending each such board indefinitely.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, the department of revenue (department) is required to revoke the driver's license of a driver convicted of leaving the scene of an accident involving serious bodily injury or death. The bill allows the department to also suspend the license when, based on a preponderance of the evidence, a driver left the scene of an accident involving serious bodily injury or death. If both the suspension and revocation are imposed as a result of the same episode of driving, the bill requires the department to run the suspension and the revocation concurrently. The bill establishes a procedure by which a driver may contest the suspension of his or her license and request the issuance of a probationary license for the purpose of driving for employment, education, health, or other necessities. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance. The bill creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund. (Note: This summary applies to this bill as introduced.)
Under current law, for some clients, home health services under the medicaid program may only be provided in the client's residence. The bill removes the location restriction for home health services to comply with changes to federal medicaid rules that allow for services to be delivered in the community as well as the residence. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, retail food establishment license fees are established in statute. The bill authorizes a county or district board (local board) of health to establish fees that are lower than the fees set in statute as long as the local board is in compliance with current law regarding food safety. The bill removes language prohibiting a county government from supplanting funds from increased revenues based on increased license fees for other county programs. The bill requires a local board that chooses to establish fees lower than those in statute to continue to remit $43 from each fee to the state treasurer. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
