The bill creates the 'Rewarding Excellence With Annual Redirected Dollars Act' or 'REWARD Act' (program) to award excellence funding to school districts that achieve a level of success in student performance above that of their peer districts. The bill defines 'school district' to include school districts and the state charter school institute (institute). The bill directs the department of education (department) to annually identify peer school districts by categorizing all school districts as either non-rural or rural, as defined in the bill, and then group the school districts within those categories based on demographically similar student populations. Once peer school districts are identified, the department shall compare those school districts to determine which school districts outperform their peer school districts using objective measures of student performance. The bill includes eligibility criteria for participation in the program. The department shall annually award excellence funding to the top 6 highest-performing non-rural school districts and to the top 6 highest-performing rural school districts, for a total of 12 districts. The program is funded by redirecting 1% of statewide total program funding, after application of the negative factor, for the applicable budget year. The department shall reduce the state's share of total program funding for the applicable budget year by the amount of excellence funding, proportionately reducing each school district's state share of total program funding. The department shall distribute 15% of the excellence funding to the top 12 highest-performing school districts in equal shares, and the remaining 85% of excellence funding to those school districts on a per-pupil basis. School districts, including the institute, shall transfer to a district charter school or an institute charter school 100% of the charter school's per-pupil allocation of the total amount of excellence funding received by the school district or the institute. The program is implemented beginning in the 2018-19 budget year, and excellence funding is based on the school districts' student performance in the budget year immediately preceding the applicable budget year. The department shall reduce the amount of excellence funding by the department's reasonable and necessary direct costs incurred in implementing the program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires barbers, hairstylists, cosmetologists, estheticians, and nail technicians, as part of the requirement to renew their professional licenses, to take a one-time training course for one hour on domestic violence and sexual assault awareness. The bill does not impose a mandatory reporting requirement on these professionals and specifically grants them immunity from civil and criminal liability for reporting or failing to report potential domestic violence or sexual assault. The director of the division of professions and occupations in the department of regulatory agencies, in consultation with one or more statewide organization with a primary purpose of serving victims of domestic violence or sexual assault, shall promulgate rules establishing standards for the training course. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill addresses the use of foreign laws, legal codes, or systems (foreign laws) by Colorado courts, arbitrations, tribunals, or administrative agencies (courts) in making decisions or rulings. Any court decision or ruling based on such foreign laws violates the public policy of Colorado and is void and unenforceable if the application of the foreign law does not grant the affected parties the same fundamental liberties, rights, and privileges granted under the constitutions of Colorado and the United States.(Note: This summary applies to this bill as introduced.)
Currently, the commissioner of insurance may investigate complaints by health care providers regarding the improper handling or denial of benefits by a health insurance company. The bill requires the commissioner to investigate provider complaints and notify the provider of the results of the investigation. The commissioner is directed to include information on provider complaints in an existing annual report to the general assembly. The commissioner must determine if there is a pattern of misconduct by a health insurance company and, if there is a pattern, must impose an appropriate remedy or penalty as an unfair or deceptive practice. (Note: This summary applies to this bill as introduced.)
Signed by the Speaker of the House
The bill establishes that a residential storage condominium unit is a residential improvement. This allows the unit to be assessed as residential real property, which currently has an assessment ratio of 7.96%, instead of as nonresidential property, which has an assessment ratio of 29%. A residential storage condominium unit is defined to mean a building that is: A unit under the 'Colorado Common Interest Ownership Act'; Used by its owner to store items from or related to the owner's Colorado residence; and Not used for storage related to a business. For a property to qualify as a residential storage condominium unit, the owner of the building unit must submit an affidavit of intended use. The property tax administrator is required to establish the form of the affidavit and to prepare and publish standards for assessors to determine whether a property qualifies as a residential storage condominium unit. The bill establishes penalties for a person that knowingly provides false information on the affidavit. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, when a health care provider who is not under a contract with a health insurer (out-of-network provider) renders health care services to a person covered under a health benefit plan at a facility that is part of the provider network under the plan (in-network facility), the health insurer is required to cover the services of the out-of-network provider at the in-network benefit level and at no greater cost to the covered person than if the services were provided by an in-network provider. The bill outlines the method for a health insurer to use in determining the amount it must pay an out-of-network provider that rendered covered services to a covered person at an in-network facility and requires the health insurer to pay the out-of-network provider directly. The bill also establishes an independent dispute resolution process by which an out-of-network provider may obtain review of a payment from a health insurer. Additionally, the bill requires an in-network facility where a covered person will receive a health care procedure or treatment, the health insurer, and an out-of-network provider who provides health care services to a covered person at an in-network facility to provide specified disclosures to the covered person, explaining that: An out-of-network provider may provide health care services to the covered person as part of the procedure or treatment provided at the in-network facility; If the covered person's plan is governed by state law, the services rendered by an out-of-network provider are covered under the plan at the in-network benefit level; The out-of-network provider will submit a bill to the covered person's health insurer, and if the covered person receives a bill from the out-of-network provider, he or she should contact the health insurer's customer service to resolve the bill; and The covered person is only responsible for paying the applicable in-network cost-sharing amount, and the carrier is responsible for paying any remaining balance owed the out-of-network provider. A health insurer that fails to reimburse out-of-network providers as required by the bill and under current law or fails to provide the required notice to the covered person engages in an unfair or deceptive act or practice in the business of insurance and is subject to monetary penalties and other penalties authorized by law. (Note: This summary applies to this bill as introduced.)
Colorado Commission on Uniform State Laws. The bill adopts the 'Uniform Wage Garnishment Act' (uniform act) and amends existing statutory provisions relating to wage garnishments covered by the uniform act. (Note: This summary applies to this bill as introduced.)
The bill prohibits a state or political subdivision from: Providing the race, ethnicity, national origin, immigration status, or religious affiliation of a Colorado resident to the federal government without determining it is for a legal and constitutional purpose; Aiding or assisting the federal government in creating, maintaining, or updating a registry for the purpose of identifying Colorado residents based on race, ethnicity, national origin, immigration status, or religious affiliation; Aiding or assisting the federal government or a federal agency in marking or otherwise placing a physical or electronic identifier on a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation; and Aiding or assisting, including using state or local lands or resources, the federal government in interning, arresting, or detaining a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under the 'Farm Products Act', the commissioner of agriculture or his or her designee licenses farm product dealers, small-volume dealers, and their agents. The bill excludes marijuana from the definition of 'farm products' under the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2016, the general assembly enacted House Bill 16-1063, which allows mental health professionals to disclose to school and school district personnel and law enforcement agencies communications with a client if the client makes statements or exhibits behaviors that create an articulable and significant threat against a school or its occupants. The effect of the legislation was contingent on receipt from the secretary of the federal department of health and human services (HHS) of an exception to the privacy rule under the federal 'Health Insurance Portability and Accountability Act of 1996' (HIPAA). The state received notice from HHS that the legislation is not contrary to the HIPAA privacy rule and therefore does not qualify for an exception. Accordingly, the bill repeals the contingency provision. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill requires the administrative law judge hearing medicaid appeals to review the legal sufficiency of the notice of action from which the recipient is appealing at the commencement of the appeal hearing if the notice of action concerns the termination or reduction of an existing benefit. If the notice is legally insufficient, the judge shall advise the appellant that he or she may waive the defense of insufficient notice and proceed to a hearing on the merits or may ask the judge to decide the appeal based on the judge's finding of insufficiency. The judge shall advise the appellant that a legally sufficient notice may be issued in the future and that the state may recoup benefits from the appellant. The provisions of the bill apply to hearings conducted on and after a certain date. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
