The bill establishes a state-level program (program) within the department of human services (department) for a check of the department's Colorado adult protective services (CAPS) data system. The CAPS check verifies whether a person is substantiated in a case of mistreatment of an at-risk adult, as defined in the bill. A person must be substantiated in a case of mistreatment of an at-risk adult, and the administrative appeals process must be concluded, before the person's name is included in a CAPS check for an employer. On and after a date stated in the bill, the bill requires certain employers at facilities or programs that serve at-risk adults to request a CAPS check prior to hiring employees who will provide direct care, as defined in the bill, to at-risk adults. The bill grants immunity from civil liability for employers who make an employment decision based upon the information obtained in the CAPS check, unless the employer knows that the information is false. The bill requires the department to promulgate rules relating to the investigation of reports of mistreatment of at-risk adults and the notification of perpetrators of the finding and of the right to administrative appeal to the department. The department shall provide training to county departments of human or social services relating to investigations, the accurate entry of documentation into CAPS, and confidentiality of information. Further, the department shall promulgate rules concerning the process and procedures for the CAPS check, including rules relating to submitting a CAPS check request, the timeline for completion of a CAPS check, the employer-paid fee for each check, department personnel granted access to CAPS, information provided to an employer as part of a CAPS check, the consequences of the improper release of the information in CAPS, and the expungement of records in CAPS. A person who improperly releases or willfully permits the release of CAPS information to persons not entitled to access to the information pursuant to the program commits a class 1 misdemeanor. The list of employers required to request a CAPS check includes: Health facilities licensed by the department of public health and environment; An adult day care facility; A community integrated health care service agency; A community-centered board or service agency; A single entry point agency; An area agency on aging; A facility operated by the department for persons with mental illness; A facility operated by the department for persons with intellectual and developmental disabilities; and A veterans community living center. County departments of human or social services are required to conduct a CAPS check of adult protective services employees. The department is authorized to assess a fee for each CAPS check sufficient to cover certain expenses, including those related to the CAPS check. The bill includes conforming amendments concerning the CAPS check requirement in statutes relating to employers subject to the requirement. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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With certain exceptions, the bill prohibits the use of a chemical, mechanical, or prone restraint upon a public school student. Each school district shall require any school employee or volunteer who uses any type of restraint on a student to submit a written report of the incident to the administration of the school not later than one school day after the incident occurred. The bill requires each school district to establish a review process, conduct the review process at least annually, and document the results of each review process in writing. Each annual review process must include a review of each incident in which restraint was used on a student during the preceding year. The bill requires the state board of education to promulgate rules on or before November 1, 2017, establishing a process by which a student or a parent or legal guardian of a student may formally complain about the use of restraint or seclusion by any employee or volunteer of any school, charter school, or institute charter school. The bill requires each school district and the state charter school institute to include in its conduct and discipline code information concerning the school district's or institute's policies for the use of restraint and seclusion on students, including information concerning the process for filing a complaint regarding the use of restraint or seclusion. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
House Bill 16-1456, enacted in 2016, granted the department of human services the authority to sell up to 15 acres around the Colorado mental health institute at Fort Logan to the United States department of veterans affairs for the purpose of expanding the Fort Logan national cemetery. The bill grants the department of human services authority to execute a land sale, at fair market value, to sell 51 additional acres, or up to 66 acres. The bill specifies that the proceeds of the sale of the additional 51 acres to the United States department of veterans affairs must be credited to the Fort Logan land sale account in the capital construction fund. The bill then creates the account in the capital construction fund and specifies that the money in the fund may be used for future capital construction, capital renewal, or controlled maintenance expenses of the department of human services, contingent upon approval by both the office of state planning and budgeting and the capital development committee. The bill further specifies that all or a portion of the money must be expended for veterans-related and behavioral health-related projects. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates a state sales tax exemption, commencing January 1, 2018, for all sales, storage, and use of feminine hygiene products. The bill further specifies that local statutory taxing jurisdictions may choose to adopt the same exemption by express inclusion in their sales and use tax ordinance or resolution. (Note: This summary applies to this bill as introduced.)
House Bill 16-1309, which was enacted by the 2016 general assembly, concerned a defendant's right to counsel in certain cases considered by municipal courts. The bill delays the implementation of House Bill 16-1309 until July 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
With regard to students enrolled in preschool, kindergarten, first grade, or second grade, the bill prohibits a school district, board of cooperative services, charter school, or public preschool program (enrolling entity) from expelling a student, except as specifically required by federal law, and allows the enrolling entity to impose an out-of-school suspension on the student only under specified circumstances for 3 school days. Under additional specified circumstances, the enrolling entity may extend the out-of-school suspension to a total of 5 school days. Each school district and charter school must ensure that its school discipline code reflects the requirements specified in the bill. The state board of education cannot waive the provisions concerning expulsion and suspension of young students for school districts or charter schools. The bill specifies that school districts are required to adopt prevention and early intervention strategies to reduce the need for early childhood and early elementary grade suspensions and expulsions. The bill expands the expelled and at-risk student services grant program to include services for preschool, kindergarten, and early elementary grade students and their families. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the 'Transparency in Health Care Prices Act', which requires health care professionals and health care facilities to make available to the public the health care prices they assess directly for common health care services they provide. Health care professionals and facilities are not required to submit their health care prices to any government agency for review or approval. Additionally, the act prohibits health insurers, government agencies, or other persons or entities from penalizing a health care recipient, provider, facility, employer, or other person or entity who pays directly for health care services or otherwise exercises rights under or complies with the act. The bill takes effect January 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill prohibits a person employed by or volunteering in a public school, a state-licensed child care center, a family child care home, or a specialized group facility from imposing corporal punishment on a child. 'Corporal punishment' means the willful infliction of, or willfully causing the infliction of, physical pain on a child. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)