The act requires the administrator (administrator) of the all-payer health claims database (database) to create a tool to facilitate the review of certain health claims reimbursement data that are included in the database. The tool must include 2018 health claims reimbursement data as the first year of available data. The act includes minimum requirements for the design of the tool, including how the information will be displayed and searchable by users of the tool. The act requires the administrator, subject to available appropriations, to update the tool at least annually. For the 2022-23 state fiscal year, to implement the act, the act appropriates $155,250 from the general fund to the department of health care policy and financing for use by the executive director's office for the database. (Note: This summary applies to this bill as enacted.)
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The act specifies that a hearing aid provider may prescribe, select, and fit hearing instruments and assistive devices in person or through the use of telehealth. (Note: This summary applies to this bill as enacted.)
The bill modifies the relationship between a physician assistant and a physician or podiatrist by removing the requirement that a physician assistant be supervised by a physician or podiatrist. Instead: A physician assistant who has completed fewer than 3,000 hours of post-graduate clinical practice experience or who is beginning practice in a new specialty must enter into a collaborative plan with a physician; and A physician assistant who has completed fewer than 3,000 hours of post-graduate clinical practice must enter into a collaborative plan with a podiatrist before practicing podiatry. A physician assistant who has completed 3,000 or more practice hours or, for a physician assistant practicing a new specialty, has completed 2,000 practice hours in the new specialty and at least 3,000 total practice hours, is no longer required to maintain a collaborative plan and is instead required to consult with and refer to appropriate members of the physician assistant's health-care team based on a patient's condition; the physician assistant's education, experience, and competencies; and the standard of care. The bill specifies the requirements of the collaborative plan. (Note: This summary applies to this bill as introduced.)
Under the act, a pharmacist is eligible for reimbursement under the medical assistance program for certain medically necessary pharmacist services, as described in the act, that are not duplicative of other pharmacist services or programs reimbursed under the medical assistance program. The department of health care policy and financing shall include services reimbursed pursuant to the act in the review of provider rates for the medical assistance program.Further, the act allows a pharmacist or pharmacy that dispenses or administers extended-release injectable medications for the treatment of mental health or substance use disorders to seek reimbursement for those medications under the medical assistance program as either a pharmacy benefit or as a medical benefit.The act requires that costs associated with services provided by clinical pharmacists through a federally qualified health center (FQHC) be considered allowable costs for the purpose of the FQHC's cost report and be included in the calculation of the reimbursement rate for a patient visit at an FQHC.The act appropriates $372,554 to the department of health care policy and financing from the general fund and the healthcare affordability and sustainability fee cash fund to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates the agricultural events relief program in the department of agriculture to provide COVID-19 relief payments to agricultural events organizations, and appropriates $2 million from the general fund for the program. In addition, the act appropriates:$5 million for the Colorado state fair and industrial exhibition; $25 million for aiding the national western stock show event in constructing the national western stock show's campus; and $3.5 million for the national western stock show.(Note: This summary applies to this bill as enacted.)
The act makes the following changes to the administration of the nursing home penalty cash fund (fund) and the nursing home innovations grant board (board):Transitions final authority over the administration of the fund from the Colorado department of health care policy and financing (HCPF) to the Colorado department of public health and environment (CDPHE); Transitions rule-making authority over the fund from HCPF to the state board of health; Transitions the authority to create a minimum reserve amount for the fund from the medical services board to the state board of health; Transitions authority over the board from HCPF to CDPHE effective July 1, 2021; Transitions all appropriations related to the fund to HCPF and CDPHE effective July 1, 2021; Makes a continuous appropriation to HCPF and CDPHE for the purposes of emergency funding needs; Limits the percentage of the amount of the grant appropriation that can be used for administration of the fund to 10% of the disbursed grants; Removes the provision allowing members of the board to be reimbursed for expenses; Adds a requirement that HCPF and CDPHE develop an annual budget to administer the fund and support the board; Adds a requirement that HCPF and CDPHE collaborate annually on any emergency funding needs and specifies that HCPF and CDPHE will administer such funding; Adds projects that compliment statewide quality and safety goals as a consideration in making a distribution from the fund; and Lengthens the period for CDPHE to provide notice of a violation to a nursing facility from 5 days to 10 days after inspection.(Note: This summary applies to this bill as enacted.)
The act amends various laws related to the conduct of elections, including provisions related to:Procedures for registering to vote and for automatic voter registration through voter registration agencies; Requirements related to political party organization, including requirements for precinct caucuses, county assemblies, and vacancy committees; Ballot access for candidates, including repealing the ability of an unaffiliated candidate for president of the United States to be nominated by paying a fee; Requirements for voter service and polling centers and voting in person; Procedures for challenges to a person's right to vote; Procedures and requirements for circulating recall petitions and the conduct of recall elections, including municipal and local government recall elections; Prohibitions on electioneering in and within 100 feet of a polling place; and Requirements for filing initiative petitions. The act applies to elections conducted on or after the effective date of the act and takes effect upon passage; except that provisions allowing a person to register to vote online using the last 4 digits of their social security number take effect March 1, 2022.(Note: This summary applies to this bill as enacted.)
After receipt of the amounts to be levied against taxable property in the county, the board of county commissioners or other taxing authority (BOCC) is required to hold a formal hearing and to certify such levies to the county assessor. The act gives the BOCC the option to authorize the levies by written approval rather than by formal hearing and to delegate the certification process to staff or other authorized parties.(Note: This summary applies to this bill as enacted.)
The act establishes the community revitalization grant program (grant program) in the division of creative industries (division) in the office of economic development (office). The grant program is established to provide money awards to finance various projects across the state that are intended to create or revitalize mixed-use commercial centers. The grant program is intended to support creative projects in these commercial centers that would combine revitalized or newly constructed commercial spaces with public or community spaces including but not limited to certain projects specified in the act. In allocating grant money under the grant program, preference will be given to certain projects based on prioritization factors enumerated in the act. All grants awarded under this section must be encumbered no later than December 31, 2022.The division will administer the grant program in consultation with the division of local government (DLG) in the department of local affairs (DOLA). The division may contract out part of its administrative duties under the grant program to a third-party administrative entity.In connection with the administration of the grant program, the division and DLG are required to collaborate in creating a process that ensures that grants are only considered and awarded after a fair and rigorous open competition among eligible grant recipients. The division and DLG are also required to collaborate on the review of grant applications and the approval of grant awards. In connection with the review of grant applications and awards, the division must solicit input from a stakeholder group that includes representation from various groups and entities as specified in the act.On or before September 1, 2021, the director of the division, in consultation with the director of the DLG or their designees, are required to adopt polices, procedures, and guidelines for the grant program that include without limitation:Procedures and timelines by which an eligible recipient may apply for a grant; Criteria for determining grant eligibility and grant amounts; and Reporting requirements for grant recipients. The act specifies the types of projects meriting preference in the awarding of grants.The act creates the community revitalization fund (fund) in the state treasury. On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $65 million from the general fund to the fund. All money transferred is to be used for either grant awards or the costs of administering the grant program.On or before November 1, 2022, and on or before November 1, 2023, the division is required to publish a report summarizing the use of all of the money that was awarded as grants under the grant program in the preceding fiscal year. The act specifies additional required components of the report. The report must be posted on the website of the office. The act requires the office to summarize the information contained in the report in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.On June 30, 2021, if there is unexpended and unencumbered money remaining from the amount appropriated to DOLA in the 2020-21 state fiscal year for the program providing small business relief to address the negative effects of capacity limits due to the COVID-19 pandemic, the act requires the state treasurer to transfer $7,000,000 of the unexpended and unencumbered amount to DOLA for use by the DLG in administering the Colorado main street program.The act reduces the 2020-21 state fiscal year appropriation to DOLA for use by the DLG from $37,000,000 to $30,000,000. For the 2021-22 state fiscal year, the act appropriates $7,000,000 to DOLA for use by the DLG for the Colorado main street program.(Note: This summary applies to this bill as enacted.)
For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which: Continues the Colorado civil rights division (division) and the Colorado civil rights commission (commission) indefinitely; Directs the division to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism; Allows an employment discrimination claim to be brought in any court of competent jurisdiction in the county or district where the alleged discriminatory or unfair employment practice occurred; and allows an individual to file a civil action, without otherwise exhausting administrative proceedings and remedies, as long as the individual either files a charge with the Colorado civil rights commission (commission) or serves a written demand for the relief on the individual's employer and allows the employer 14 days to respond; Directs the division to develop and provide to employers, free of charge, training and education programs regarding the prevention of harassment and discrimination in the workplace, bystander intervention, and workplace civility; Expands the definition of "employee" to include individuals in domestic service individuals who perform a service for a price, including independent contractors, subcontractors, and their employees; and individuals who offer services or labor without pay and specifies that an individual performing services for pay for another is deemed an employee unless, by a preponderance of the evidence, it is proven that the individual satisfies the conditions under the state wage law for a determination that the individual is not an employee; Adds a requirement that a written, electronic, or oral agreement or contract under which a person performs services for another must require that the person for whom the services are performed shall not engage in any discriminatory or unfair employment practice with respect to the individual performing the services ; Adds new definitions of "caregiver", "care recipient", "child", "minor child", and "harass" or "harassment" "hostile work environment", and "independent contractor" and repeals the current definition of "harass" that requires creation of a hostile work environment; Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status" or "caregiver status"; Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice, and an employer has an affirmative defense to the claim if the employer demonstrates that, when the employer knew or should have known of the harassment, the employer took prompt, reasonable, and, if warranted, remedial action to end the harassment, deter future harassers, and protect employees; Specifies that it is a discriminatory or unfair employment practice for an employer to fail to initiate an investigation of a complaint or fail to take prompt , reasonable, and, if warranted, remedial action; if appropriate; Specifies the requirements for an employer to avoid liability when an employee proves that a supervisor unlawfully harassed that employee;Prohibits certain preemployment medical examinations, imposes limitations on inquiries and examinations about an employee's disability during employment, and specifies that violations of these prohibitions and limitations constitute discriminatory or unfair employment practices; Expands the time limit to file a charge with the commission from 6 months to 300 days after the alleged discriminatory or unfair employment practice occurred; Repeals the limits on remedies in cases involving age discrimination; Limits the ability of an employer to require confidentiality of claims once a charge is filed with the commission Specifies requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and employee to be enforceable; voids a nondisclosure provision if a party makes a material misrepresentation; and requires the division to provide to a charging party other charges filed with the division against the same respondent; and Requires employers with 20 or more employees to provide and maintain records of training and education to all employees regarding harassment and discrimination prevention, bystander intervention, and workplace civility, encourages other employers to provide the training and education, and authorizes the division director to impose penalties on employers that fail to comply with the training and recordkeeping requirements. The bill appropriates the following amounts to the following departments to implement the bill: $539,292 and 6.0 FTE to the department of corrections; $71,905 and 0.8 FTE to the department of education; $134,823 and 1.5 FTE to the office of the governor; $22,471 and 0.5 FTE to the department of health care policy and financing; $449,410 and 5.0 FTE to the department of human services; $449,410 and 5.0 FTE to the judicial department; $107,858 and 1.2 FTE to the department of labor and employment; $401,180 and 2.5 FTE to the department of law; $134,823 and 1.5 FTE to the department of natural resources; $630,465 and 1.5 FTE to the department of personnel; $125,835 and 1.4 FTE to the department of public health and environment; $161,788 and 1.8 FTE to the department of public safety; $652,879 and 9.7 FTE to the department of regulatory agencies; $134,823 and 1.5 FTE to the department of revenue; and $269,646 and 3.0 FTE to the department of transportation. (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.)