Rep. Jonathan Singer

The bill prohibits a health insurance carrier from excluding or limiting a drug under a health benefit plan and from moving the drug to a disadvantaged tier in the plan formulary if the drug was covered at the time the covered person enrolled in the plan. A carrier may not increase the amount that a covered person pays for a copayment, coinsurance, or deductible or set limits while the covered person is covered by the health benefit plan for drugs that were covered when the person became covered under the plan. If a carrier uses a tiered plan, the carrier may not move a drug to a disadvantaged tier under specified circumstances. A carrier may limit coverage for a drug or biosimilar product if a provider prescribes a generic drug or biosimilar product to treat the covered person's medical condition instead of the originally-prescribed drug and the covered person agrees. (Note: This summary applies to this bill as introduced.) , Read More

The bill requires a freestanding emergency department (FSED), whether operated by a hospital at a separate, off-campus location or operating independently of a hospital system, to provide any individual that enters the FSED seeking treatment a written statement of patient information, which an FSED staff member or health care provider must explain orally and which must indicate that: The facility is an emergency medical facility that treats emergency medical conditions; For FSEDs that do not include an urgent care clinic on site, the facility is not an urgent care center or primary care provider; For FSEDs that includes an urgent care clinic on site, the facility contains an urgent care center and operates at specified hours; The FSED will screen and treat the individual regardless of ability to pay; The individual has a right to ask questions about treatment options and costs and to receive prompt and reasonable responses; The individual has a right to reject treatment; The FSED encourages the individual to defer questions until after being screened for an emergency medical condition; and The facility will provide the patient a more comprehensive statement of patient's rights after initial screening or treatment, as applicable. The state board of health is authorized to update the patient information statement contents, by rule, as necessary. Additionally, an FSED must post a sign that states 'This is an emergency medical facility that treats emergency medical conditions.' The sign must also indicate whether the facility contains an urgent care clinic. After conducting an initial screening and determining that a patient does not have an emergency medical condition or after treatment has been provided to stabilize an emergency medical condition, the FSED must provide the patient a written disclosure that: Specifies whether the facility accepts patients enrolled in medicaid, medicare, the children's basic health plan, or TRICARE; Lists the particular health insurance provider networks and carriers with which the FSED participates or states that the FSED is not a participating provider in any provider networks; Specifies the price listed on the FSED's chargemaster or other fee schedule for the 25 most common health care services it provides; Contains the price listed on the FSED's chargemaster or other fee schedule for the facility fees associated with the 25 most common health care services the FSED provides; Contains a statement specifying that the price listed on the chargemaster or fee schedule for any given health care service is the maximum charge that any patient will be billed and that the actual charge for a health care service may be lower based on health insurance benefits and the availability of discounts and financial assistance; Contains a statement urging a person covered by health insurance to contact his or her health insurer for information about his or her financial responsibility and a person who is uninsured to contact the FSED's financial services office to discuss payment options and the availability of financial assistance prior to receiving health care services; Contains information about the facility fees that the FSED charges; and Includes the FSED's website address where the disclosure may be located. The FSED must also post the information in the written disclosure on its website and update the written and web-based disclosure at least once every 6 months. Additionally, the FSED must provide all information in a clear and understandable manner and in languages appropriate to the communities and patients it serves. The state board of health is authorized to adopt rules to implement and enforce the requirements of the bill. $34,725 is appropriated from the health facilities general licensure cash fund to the health facilities and emergency medical services division in the department of public health and environment for administration and operations. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Section 1 of the bill requires oil and gas operators to file written reports with the Colorado oil and gas conservation commission and other affected stakeholders for each major and minor 'reportable event'. Operators must also give oral notice of major reportable events. A 'major reportable event' includes an incident involving: The unauthorized release of more than 25 barrels of oil, produced water, oilfield chemicals, or exploration and production waste; and The unauthorized flaring, venting, or wasting of: More than 500,000 cubic feet of gas at any drilling or producing well site or at any injection or disposal facility; or More than 1,500,000 cubic feet of gas at any transportation, gathering, or processing facility; A fire that consumes at least these volumes of liquid or gas; A spill, venting, or fire, regardless of the volume involved, that occurs within 500 feet of: A sensitive area, as that term is defined by rule; or A park, recreation site, wildlife refuge, lake, reservoir, stream, or urban or suburban area; An accident that involves a fatal injury; A blowout or loss of control of a well; and An uncontrolled release of gas containing 100 or more parts per million of hydrogen sulfide. A 'minor reportable event' includes an incident involving: The unauthorized release of more than 5 barrels and up to 25 barrels of oil, produced water, oilfield chemicals, or exploration and production waste; The unauthorized flaring, venting, or wasting of more than 50,000 cubic feet and up to 500,000 cubic feet of gas at a drilling or producing well site or at an injection or disposal facility; The unauthorized venting or wasting of more than 50,000 cubic feet and up to 1,500,000 cubic feet of gas at a transportation, gathering, or processing facility; Any uncontrolled fire or explosion; and An accident involving serious bodily injury. The commission will post the reports, notifications, and an annual summary on its website in a database that is searchable by operator, location, type of event, date, and other criteria established by the commission. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

The bill creates a pilot program to allow marijuana delivery. The marijuana state licensing authority can enter into a memorandum of understanding with up to 3 municipalities to allow medical and retail marijuana delivery. The state licensing authority can adopt rules regarding marijuana delivery. The state licensing authority can start issuing licenses on January 1, 2019, and the pilot project repeals on December 31, 2020. By March 1, 2020, the state licensing authority shall report to the finance committees of the house of representatives and the senate regarding marijuana delivery in the jurisdictions with the memorandums of understanding. The bill appropriates $310,543 to the department of revenue from the marijuana cash fund. The appropriation is distributed as follows: $230,044 for marijuana enforcement and an additional 2.7 FTE; $12,000 for tax administration IT system support; $14,850 for use by the executive director's office for vehicle lease payments; $11,025 for use by the executive director's office for operating expenses; and $42,624 for the purchase of legal services.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill allows a dental hygienist to apply silver diamine fluoride under the direct or indirect supervision of a dentist if the dental hygienist: Holds a license in good standing to practice dental hygiene; Completes a course on the use and limitations of silver diamine fluoride; Is covered by professional liability insurance; and Has a collaborative agreement with a dentist that describes the silver diamine fluoride protocols, any restrictions or limitations, and follow-up and referral mechanisms.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill establishes a juvenile-specific definition of 'competent to proceed' and 'incompetent to proceed' for juveniles involved in the juvenile justice system, as well as specific definitions for 'developmental disability', 'mental capacity', and 'mental disability' when used in this context. The bill clarifies the procedures for establishing incompetency, as well as for establishing the restoration of competency.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

Sections 2 through 4 of the bill establish a licensure requirement for retailers who sell cigarettes, tobacco products, or nicotine products (products). Beginning January 1, 2019, it is illegal for any person doing business in the state to sell or offer for sale products without first obtaining a license as a retailer from the division of liquor enforcement in the department of revenue (division). A retailer with more than one location is required to have a separate license for each location. The division will establish the license application and is required to grant a license to an applicant if it meets the statutory requirements. There is no fee for a license and the license is valid until it is surrendered or revoked. A retailer is required to conspicuously display the license. Section 1 permits money that is appropriated to the division from the tobacco education programs fund to be used for the licensure of retailers, and it increases the required annual appropriation from the fund from $300,000 to $1 million. Section 6 prohibits an entity from receiving a grant for tobacco education, prevention, and cessation if any money would be used to: Advocate for a local government to impose a license requirement, fee, or tax on a retailer or impose a tax on tobacco products in any manner; or Support a statewide ballot measure that would impose a local license requirement, fee, or tax on a retailer or impose any type of tax on cigarettes or tobacco products. An entity is likewise prohibited from using a grant award to supplant other money that is in turn used for these prohibited purposes. Any prior grant that was to be used for these prohibited purposes must instead be used for tobacco education, prevention, or cessation. Under current law, an amount equal to 27% of gross cigarette sales are distributed to cities and counties in the state, but to be eligible for this distribution a city and county must not impose a fee, license, or tax on any person as a condition for engaging in the business of selling cigarettes or impose a tax on cigarettes. Section 8 expands the condition for receiving state money to include the same prohibitions for other tobacco products and nicotine products and it establishes another condition that a local government must not ban any person from selling cigarettes, other tobacco products, or nicotine products for any period of time.(Note: This summary applies to this bill as introduced.) Read More

Opioid and Other Substance Use Disorders Interim Study Committee. The bill: Specifies that hospitals may be used as clean syringe exchange sites ( section 1 ); Provides civil immunity for participants of a clean syringe exchange program ( section 1 ); Creates a supervised injection facility pilot program in the city and county of Denver and provides civil and criminal immunity for the approved supervised injection facility ( sections 2 through 4 ); Allows school districts and nonpublic schools to develop a policy by which schools are allowed to obtain a supply of opiate antagonists and school employees are trained to administer opiate antagonists to individuals at risk of experiencing a drug overdose ( sections 5 through 11 ); and Requires the commission on criminal and juvenile justice to study certain topics related to sentencing for opioid-related offenses ( section 12 ).(Note: This summary applies to this bill as introduced.) Read More

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Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill implements recommendations from the task force concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems and the medication consistency work group of the behavioral health transformation council to promote increased medication consistency for persons with mental health disorders in the criminal and juvenile justice systems. The recommendations include: Requiring the office of behavioral health, in consultation with the department of corrections, to promulgate rules that require providers under each department's authority to use an agreed upon medication formulary (formulary) by mental health providers and justice system providers (providers); Requiring OBH to conduct annual and biannual reviews of the formulary to address any urgent concerns related to the formulary, update the formulary, and ensure compliance with the medicaid formulary; Requiring the department of corrections, county jails, community mental health centers, the division of youth corrections, and other providers to share patient-specific mental health care and treatment information, provided federal and state confidentiality requirements are met; Requiring OBH and relevant providers to develop a plan, on or before September 1, 2018, for electronically sharing patient-specific mental health care and treatment information across systems; Requiring OBH to encourage providers to utilize cooperative purchasing for the formulary to maximize statewide cost savings; Encouraging the pharmaceutical cooperative purchasing entity to include an ongoing drug utilization review process; Requiring OBH to investigate and develop options for collaboration with local county jails to coordinate medication purchasing. Based on that information, the behavioral health transformation council shall develop a medication purchasing plan on or before September 1, 2018; and Requiring the department of human services and the department of corrections to report progress on the implementation and use of the medication formulary and cooperative purchasing as part of each department's 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' hearing, beginning in January 2018 and annually thereafter.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)