Healthcare

Beginning July 1, 2027, the bill prohibits the immediate release of a patient's sensitive test results to the patient's electronic health record or through a patient portal. Instead, the bill requires that sensitive test results, once they are finalized, not be released as part of the patient's electronic health record or through a patient portal for 3 business days.     The bill establishes 2 exceptions one exception to this requirement: Sensitive test results may be immediately released as part of the patient's electronic health record or through a patient portal immediately and without delay if the patient's health-care provider authorizes immediate release of the results or if the patient requests to receive the sensitive test results of a particular test without delay the sensitive test results to be released before the end of the three 3-business-day period .     The bill defines 'sensitive test results' as:A pathology or radiology report that is ordered for the purpose of diagnosing or monitoring a patient for cancer; orTest results that may reveal a genetic marker that relates to a cancer condition.     The bill specifies that a custodian of person that administers and controls a patient's electronic health record that contains sensitive test results is responsible for implementing the requirements of the bill. The bill states that compliance with the requirements of the bill is not information blocking under the federal '21st Century Cures Act'. A person that fails to comply with the requirements of the bill is not subject to civil, criminal, or administrative liability or professional disciplinary action.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, the department of human services (CDHS) was required to enter into an agreement with an outside entity no later than January 2, 2024, to develop a county administration of public and medical assistance programs funding model (funding model) to determine the amount of money necessary to fund the administration of public and medical assistance programs in each county. CDHS is required to enter into an agreement with an outside entity to annually update and modify the funding model. Before November 1 of each year, CDHS is required to submit the results of the funding model to the joint budget committee, the department of health care policy and financing, and the county departments of human or social services (county departments).     The act repeals the funding model and the requirement to annually update and submit the results of the funding model to the joint budget committee, the department of health care policy and financing, and county departments.     The act reduces the appropriations made to CDHS and the department of health care policy and financing in the annual general appropriation act for the 2026-27 state fiscal year.(Note: This summary applies to this bill as enacted.)

The act eliminates the requirement that the general assembly annually appropriate money to the department of public health and environment for the comprehensive human sexuality education grant program.(Note: This summary applies to this bill as enacted.)

Current law requires the general assembly to annually appropriate $50,000 to provide vouchers to individuals living in rural and frontier communities in need of behavioral health-care services. The bill repeals the requirement to appropriate money for that purpose.     The act:Repeals the requirement that the BHA contract with an independent third party to provide services and supports to behavioral health providers seeking to become behavioral health safety net providers;Repeals the building substance use disorder treatment capacity in underserved communities grant program;Repeals the recovery support services grant program;Transfers the balance of the high-risk families cash fund (fund) to the general fund and repeals the fund on July 1, 2026; andReduces appropriations to the behavioral health administration for the affected programs and services.(Note: This summary applies to this bill as enacted.)

Joint Budget Committee. Current law authorizes medicaid reimbursement for therapy using equine movement provided by a licensed physical therapist, a licensed occupational therapist, or a certified speech-language pathologist. The bill repeals this provision and reduces the 2026-27 appropriation to the department of health care policy and financing by $181,514.(Note: This summary applies to this bill as introduced.)

The act limits the benefits pregnant women and children with a certain family household income and citizen or immigration status are eligible for under the state medical assistance program and the medical assistance program.     Eligible pregnant women and children are subject to the following limitations on benefits:Beginning July 1, 2026, there is an annual cap on dental services in the amount of $1,100;Beginning January 1, 2027, behavioral health services offered must be provided on a fee-for-service basis only;Beginning January 1, 2027, services offered through the accountable care collaborative are no longer covered; andBeginning January 1, 2027, managed care services through the medical assistance program are no longer covered.     Beginning January 1, 2027, children under 19 years old whose family household income does not exceed 260% of the federal poverty line, adjusted for family size, and who are not eligible for the medical assistance program due to their immigration status, are not eligible for home- and community-based services, community first choice, long-term home health, private duty nursing, hospice care, and nursing home care unless those children already receive those services on or before December 31, 2026.     Beginning January 1, 2027, the act caps enrollment of children in the state medical assistance program at 25,000 children if either enrollment exceeds 25,000 or the expenditures for a fiscal quarter exceeds one-quarter of the appropriation for state medical assistance plus 5% to account for seasonality fluctuations. If one of the conditions is met, the enrollment cap begins on the first day of the month following 60 days after the department of health care policy and financing (state department) determines that the condition was met.     The act repeals provisions requiring the state department to develop an outreach and enrollment strategy for enrolling eligible groups into new coverage options and repeals the state children's basic health plan.     The act appropriates $3,378,166 from the general fund to the state department to implement the act and reduces appropriations to the state department by $14,202,723 if certain conditions are met.(Note: This summary applies to this bill as enacted.)

The act prohibits individuals lawfully permitted to provide psychotherapy services in the state (regulated professionals) from allowing an artificial intelligence system (AI system) to interact with clients in any form of therapeutic communication without synchronous, real-time interaction between the regulated professional, the AI system, and the client, or generate therapeutic recommendations or treatment plans without review and approval by the regulated professional.     Except for educational, administrative, simulation, or training purposes or as part of a research program, a regulated professional shall not use an AI system to provide, direct, or guide psychotherapy, clinical intervention, counseling, diagnosis, treatment planning, or other activity that constitutes the practice of psychotherapy with an individual or group unless the use satisfies the conditions specified in the act. At initial client contact, a regulated professional shall inform clients of the prohibitions regarding use of AI systems in the practice of psychotherapy. Regulated professionals may be disciplined by the appropriate licensing board in the department of regulatory agencies for violations of this act.     The act allows regulated professionals to use an AI system to assist in providing administrative support or supplementary support, as these terms are defined in the act, for psychotherapy services if the regulated professional maintains responsibility for reviewing any outputs of the AI system used to provide administrative support or supplementary support. If a client's therapeutic session will be recorded or transcribed through the use of an AI system, the regulated professional must disclose in advance the use of an AI system and the purposes for its use, and obtain written, informed consent from the client.     The act does not prohibit a regulated professional from using an AI system within accredited or approved educational, instructional, or professional training programs, so long as the AI system is used solely for educational, administrative, simulation, or training purposes and is not deployed, marketed, or represented as a tool for use with clients, patients, or the public. Further, a regulated professional may be involved in the development, testing, or evaluation of an AI system solely for research purposes under the oversight of a federally registered institutional review board, so long as the AI system is not offered to consumers or used outside of the research setting.     The act does not apply to regulated professionals who use or recommend the use of technology in the state that does not diagnose or treat mental health disorders, clearly discloses that the technology is not a substitute for clinical care, and:Provides self-help, therapeutic homework, coaching, patient navigation, guided meditation, journaling, or other tools specified in the act; orIs regulated by the federal food and drug administration.     Except as provided in the act, the act also makes it an unfair or deceptive trade practice under the 'Colorado Consumer Protection Act' for an individual, corporation, or entity (person) to use any term, letter, or phrase in the use of an AI system in a manner that:Indicates or implies that the AI system's outputs are provided by, endorsed by, or equivalent to services provided by a regulated professional;Represents that the AI system provides psychotherapy services; orRepresents that a user's data is confidential in a manner that would lead a reasonable user to believe that the privacy of their data is protected in a manner similar to therapist-client confidentiality.      The act does not impose liability on a regulated professional for defects in or failures of an AI system that are attributable to the developer or deployer of the AI system.     Further, under conditions specified in the act, nothing in the act prohibits a person from developing, testing, or evaluating an AI system solely for research purposes or using an AI system in educational, instructional, or training programs. In addition, it is not an unfair or deceptive trade practice for a person to use a technology that does not diagnose or treat mental health disorders, clearly discloses that the technology is not a substitute for clinical care, and:Provides self-help, therapeutic homework, coaching, patient navigation, guided meditation, journaling, or other tools specified in the act; orIs regulated by the federal food and drug administration.(Note: This summary applies to this bill as enacted.)

The bill prohibits a person, health-care provider, or mental health professional from knowingly performing surgery on, or prescribing, administering, or providing hormones or puberty blockers to, a minor for the purpose of altering the minor's biological sex characteristics, or providing mental health therapy, counseling, or referrals that promote or affirm a minor's belief that the minor was born in the wrong body or that the minor needs medical intervention to address distress related to the minor's biological sex (prohibited interventions).     The bill prohibits the state from investigating or penalizing a minor's parent, or terminating the parent's rights, for refusing to consent to a prohibited intervention for the minor. A public school, health-care provider, or a governmental entity is prohibited from withholding information from a minor's parent regarding the minor's express desire to transition the minor's biological sex.     The bill prohibits state or federal funding, medicaid reimbursement, and health insurance coverage from being used to pay for a prohibited intervention. A person who, as a minor, was subjected to a prohibited intervention may bring a civil action within 20 years after attaining the age of 18 years against the person, health-care provider, or mental health professional who performed or provided the prohibited intervention.     The bill requires a regulator to revoke a health-care provider's or mental health professional's license for performing or providing a prohibited intervention. A person who knowingly performs or provides a prohibited intervention commits a class 5 felony, and the court is required to sentence the person to the maximum term of imprisonment and impose the maximum fine.(Note: This summary applies to this bill as introduced.)

The bill requires that a cause of action for an intentional or negligent act for an injury as a result of a youth gender transition procedure by a provider must be brought before the youth reaches 38 years old.(Note: This summary applies to this bill as introduced.)

The act prohibits the department of health care policy and financing (department) from making a wage enhancement supplemental payment to an eligible nursing home provider regardless of when the services were provided. The act reduces the 2025-26 state fiscal year appropriation to the department for medical and long-term care services for medicaid eligible individuals by $4,359,961.(Note: This summary applies to this bill as enacted.)