Rep. Regina English

Beginning on or before July 1, 2027, the act requires a county department of human or social services (county department) to determine whether a child or youth who is in foster care and who has a deceased parent (child or youth) may be eligible to receive survivor benefits administered by the United States railroad retirement board, social security administration, or veterans benefits administration (federal survivor benefits). The county department must make an initial eligibility determination within 90 days after assuming legal custody of or authority over the child or youth. Under current law, certain federal agencies appoint a representative payee or fiduciary (representative payee) to receive and manage federal benefits on behalf of a child or youth in foster care. If a child or youth may be eligible for federal survivor benefits and the county department is the most appropriate representative payee, the act requires the county department to apply for federal survivor benefits on behalf of the child or youth. If the county department determines that the child or youth may be eligible for federal survivor benefits but that the county department is not the most appropriate representative payee, the county department shall provide information to the prospective representative payee that the county department has identified about how to apply for federal survivor benefits on behalf of the child or youth and how to become the child's or youth's representative payee. Under current law, a county department serving as a representative payee may use federal benefits to offset the cost of providing basic care and services to a child or youth in foster care. The act prohibits this offset practice with respect to federal survivor benefits. Instead, the act directs a county department serving as a representative payee to establish an account for the federal survivor benefits (account). A county department serving as a representative payee must save money in the account for the needs of the individual child or youth. Once the child or youth leaves foster care, the county department is required to release funds in the account to the child or youth. The act sets forth various accounting and notice requirements related to federal survivor benefits and requires the department of human services (department), in consultation with interested stakeholders, to adopt rules providing guidance for county departments. The guidance extends to procedures for identifying a representative payee, county department responsibilities when federal survivor benefits are denied or when a child or youth leaves foster care, and policies governing the establishment and maintenance of an account for federal survivor benefit funds. The department must provide technical assistance to a county department about how to conserve federal survivor benefit funds in the best interests of an individual child or youth. (Note: This summary applies to this bill as enacted.)

Infusion pharmacies supply medicaid members with parenteral nutrition, which provides patients with essential nutrients through an intravenous infusion. The act requires the state department of health care policy and financing (state department) to create specific professional dispensing fees for the preparation and dispensing of parenteral nutrition (fees) to encourage an adequate level of market participation among infusion pharmacies that serve medicaid members. During the year beginning January 1, 2026, the fees must not exceed 30% of infusion pharmacy administrative costs for the preparation and dispensing of parenteral nutrition. The state department shall seek federal authorization, as necessary, to implement the fees. The act requires the state department to annually report on the adequacy of the infusion pharmacy network that supplies parenteral nutrition to medicaid members. For the 2025-26 state fiscal year, the act appropriates $54,832 to the state department from the general fund. The state department may use the appropriation for medical and long-term care services for medicaid-eligible individuals. The general assembly anticipates that the state department will receive an equal amount in federal funds to implement the act. (Note: This summary applies to this bill as enacted.)

The act exempts an assisted living residence that has not undergone new construction or major renovations from complying with the facility guideline institute guidelines. The department of health care policy and financing (state department) must establish a process for reviewing and updating the general billing manual on an annual basis and ensure that the general billing manual includes all necessary CPT codes or links to the state department's list of CPT codes. The act allows the Colorado healthcare affordability and sustainability enterprise to receive public funds. Beginning January 1, 2026, for claims that must be reprocessed as a result of updating the provider rates, the act requires a managed care organization to issue payment to a contracted provider within one year after the provider rate is updated. The state department must notify the managed care organizations of changes to the provider rates within 60 days of changing the provider rates. The act requires the state department to include in each new contract with, or renewal of a contract with, a managed care entity (MCE) a provision requiring the MCE to submit to the state department, on an annual basis, the amount the MCE is paid and the MCE's medical loss ratio. The state department is required to publish this information, as well as historical medical loss ratio data for each MCE, and publish on an annual basis audit findings regarding an MCE's most recently completed medical loss ratio audit on the state department's website. The act prohibits the state department from imposing signature requirements on a physician or practitioner certifying a medicaid member's (member) plan of care that involves physical therapy, occupational therapy, or speech therapy. The act requires that for members receiving home- and community-based services, if a service the member receives is discontinued or no longer a covered service, the state department must confirm the timeline for the continuity of treatment with the federal centers for medicare and medicaid during the transition period of the benefit or service being discontinued and must communicate that timeline to the member impacted by the benefit or service being discontinued. (Note: This summary applies to this bill as enacted.)

The act prevents a pharmacy benefit manager (PBM) from prohibiting a rural independent pharmacy from using a private courier or a delivery service to deliver a prescription drug to a patient. A PBM is required to reimburse a rural independent pharmacy for a prescription drug in an amount not less than the national average drug acquisition cost for the dispensed prescription drug ingredients, plus pay a dispensing fee. When a PBM conducts an audit of a rural independent pharmacy and the audit results in a recoupment of more than $1,000 or a penalty of more than $1,000, the PBM must: Electronically notify the rural independent pharmacy of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds; If the rural independent pharmacy does not respond to the electronic notification within 30 days after the electronic notification, again electronically notify the rural independent pharmacy of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds; and If the rural independent pharmacy does not respond to the second electronic notification within 30 days after the second electronic notification, serve process on the rural independent pharmacy notifying of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds. The act allows a rural independent pharmacy to operate without being under the direct charge of a pharmacist if the initial interpretation and final evaluation of the prescription is done by a state-licensed pharmacist in person or remotely. (Note: This summary applies to this bill as enacted.)

The act implements the recommendation of the department of regulatory agencies in its 2024 sunset review and report on the rural alcohol and substance abuse prevention and treatment program by continuing the program until September 1, 2030. (Note: This summary applies to this bill as enacted.)

The act permits the state, a county, a city and county, a school district, or a municipality to, with approval from a school district's board of education, install and utilize automated vehicle identification systems (system) on the school district's school buses to detect a driver of a vehicle that overtakes a stopped school bus with actuated visual signal lights in violation of current law. A school district that installs and utilizes a system for this purpose must enter into a memorandum of understanding with one or more law enforcement agencies. If a system detects a violation, the state, a county, a city and county, or a municipality may impose a civil penalty of up to $300. The act creates a rebuttable presumption that when an image produced by a system includes an electronic indicator signifying that a school bus's visual signal lights are actuated, the visual signal lights are presumed to be actuated and operational and the school bus is presumed to be stopped to receive or discharge school children. The act mandates that the fines collected through the use of the system must not be used as the basis for the compensation to the system manufacturer or vendor and that the compensation must not be based exclusively upon the number of citations issued or revenue generated by the system.(Note: This summary applies to this bill as enacted.)

The act repeals a definition of drug abuse from, and adds a definition of substance use disorder to, the state laws regulating electronic monitoring of prescription drugs. (Note: This summary applies to this bill as enacted.)

The act requires the director of the division of oil and public safety in the department of labor and employment (division) to adopt rules concerning retail electric vehicle charging that set forth minimum standards relating to specifications and tolerances for retail electric vehicle charging equipment and methods of retail sale at publicly accessible electric vehicle charging stations to promote consistency in the marketplace by July 1, 2026, and to enforce the rules beginning July 1, 2027. The act broadens the allowable uses of money in the electric vehicle grant fund within the Colorado energy office to include: Operational and policy work to support electric vehicle adoption, electric vehicle charging, and affordable, clean electricity for electric motor vehicles, including covering the administrative costs of this work; and Support for the development and enforcement of retail electric vehicle charging rules by the division. The act also broadens the allowable uses of money in the community impact cash fund within the department of public health and environment to include environmental equity and cumulative impact analyses. The act also requires the community access enterprise within the Colorado energy office to reduce the amount of the community access retail delivery fee that it imposes as necessary to ensure that the enterprise does not collect more than $100 million in total fee revenue prior to June 30, 2026. For the 2025-26 state fiscal year, $225,320 is appropriated to the department of labor and employment for use by the division for personal services and operating expenses. This appropriation is from reappropriated funds received from the office of the governor that are continuously appropriated to the Colorado energy office from the electric vehicle grant fund. (Note: This summary applies to this bill as enacted.)

Under current law, a person who does not have lawful immigration status must submit an affidavit stating that they have either applied for lawful presence or will apply for lawful presence as soon as they are eligible when the person is applying for: In-state student tuition classification; or An identification document pursuant to the "Colorado Road and Community Safety Act". The act repeals these affidavit requirements. Under current law, a jail custodian is generally required to release a defendant within 6 hours after the defendant has been granted a personal recognizance bond or is prepared to post bond. The act prohibits the jail custodian from delaying a defendant's release for the purpose of an immigration enforcement operation. Under current law, a criminal defendant may petition a court to vacate a guilty plea to a class 1 or class 2 misdemeanor or a municipal offense if the criminal defendant alleges that: They were not adequately advised by defense counsel of adverse immigration consequences of a guilty plea; They did not knowingly, intelligently, or voluntarily waive the right to counsel because they were not advised that the right to counsel includes the right to be advised regarding immigration consequences of a guilty plea; or The guilty plea was constitutionally infirm. The act extends the ability to petition a court to vacate a guilty plea to class 3 misdemeanors as classified at the time of the plea, traffic misdemeanors, and petty offenses. Under current law, state agencies and state agencies' employees are: Required to comply with provisions that limit the disclosure, collection, and access to a person's personal identifying information; Required to annually report certain information concerning requests made for a person's personal identifying information; and Subject to a civil penalty for an intentional violation of the requirements. The act extends these requirements concerning a person's personal identifying information to political subdivisions and their employees, and repeals the annual reporting requirements concerning requests made for a person's personal identifying information. The act creates minimum requirements for a public child care center, public school, local education provider, public institution of higher education, public health-care facility, or publicly supported library concerning information collection and access to its information, facilities, or property, and creates a civil penalty for an intentional violation of certain requirements. Under current law, a peace officer who is employed by the Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office is prohibited from arresting or detaining an individual on the basis of a civil immigration detainer request. The act extends the prohibition to a peace officer designated by the state as a peace officer. Under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities. The act extends this prohibition to a pretrial officer or pretrial services office employee. The act prohibits a military force from another state from entering the state without the governor's permission, unless the military force from another state is acting on federal orders and acting as a part of the United States armed forces. The act adds and amends definitions concerning "precise geolocation data" within the "Colorado Privacy Act". The act prohibits a controller from selling a consumer's sensitive data without obtaining consent. Under current law, a person is not subject to civil arrest while the person is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding. The act extends this to while a person is receiving treatment in a related facility, which is a facility where programs and services are provided in relation to a court proceeding. For the 2025-26 state fiscal year, the act decreases an appropriation made in the long bill of: $54,900 from the general fund to the department of labor and employment; and $3,393 from the general fund to the department of personnel.(Note: This summary applies to this bill as enacted.)

Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The act requires that the TNC procure a privately administered criminal history record check for the individual before the individual is permitted to act as a driver , at least once every 6 months after the initial criminal history record check, and if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations. The TNC shall pay the costs of the criminal history record checks. A TNC shall initiate a review of a driver for deactivation if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the commission, the office of the attorney general, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. If the TNC determines that the allegation is more than likely to have occurred through a review of the available evidence, the TNC shall deactivate the driver from the TNC's digital platform in accordance with the TNC's deactivation and suspension policy. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. A TNC's resolution of a driver's challenge to a deactivation must include a written statement that the TNC sends to the driver and the party that filed a complaint. The act requires the commission to create a process by rule for sharing information between TNCs regarding deactivation of riders and drivers. If a person files a complaint against a TNC or a driver, the TNC shall respond to a subpoena or search warrant for information related to the complaint from a court, the office of the attorney general, a district attorney's office, the commission, or a law enforcement agency no later than 2 business days after the request is made. In addition to enforcement by the commission, the act authorizes the attorney general or a person injured or harmed by an alleged violation of the act that results in injury or harm to a minor to initiate a civil proceeding in a district court against a TNC, a driver, or a rider that violates the act. A person injured or harmed by an alleged violation of the act committed by a TNC, a driver, or a rider that results in death, sexual assault, kidnapping, or personal injury to an individual who is not a minor may initiate a civil proceeding in a district court against the TNC, the driver, or the rider. A TNC shall ensure that a driver or rider may opt in to audio and video recording of each prearranged ride in accordance with rules adopted by the commission. On or before November 1, 2025, the commission shall also adopt rules regarding: The requirements, procedures, and the deadline for implementation of audio and video recording policies; Access to, storage of, and encryption of audio and video recording, including measures to promote victim-survivor privacy and choice; Transferring audio and video recording and related data between a TNC and the driver or rider; Notification by a TNC company to a driver and rider that a prearranged ride is continuously audio and video recorded; Education provided by a TNC to a driver and rider regarding the safety benefits of audio and video recording of a prearranged ride; Technology failures related to audio and video recording, including rules that hold harmless a TNC for a technological failure outside of the control of the TNC if the TNC is otherwise acting in good faith to conduct audio and video recording of a prearranged ride; and Ensuring that a driver does not suffer an undue burden from purchasing technology to enable audio and video recording. The act requires a TNC to maintain clear policies prohibiting drivers or riders from offering, selling, or providing food or beverage to another driver or rider. A provision in a contract between a TNC and a rider is declared void as against public policy if the provision attempts or purports to waive specified rights. The act requires a TNC to develop policies to: Prevent imposter accounts, account sharing, and account renting; Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers; Prohibit the transportation of an unaccompanied youth unless the youth is part of a duly authorized family account; Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride; Establish procedures for deactivation of a driver if the TNC is notified of a specified allegation against a driver; Notify and train drivers and riders of any updates to TNC safety policies; Prohibit drivers from offering or selling food or beverage to riders; Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; and Prevent crimes committed against drivers by riders. A TNC is prohibited from: Altering the rating a rider assigned to a driver or the rating a driver assigned to a rider on a TNC's digital platform; Assigning an automatic or default driver rating that the rider did not assign; or Assigning an automatic or default rider rating that the driver did not assign. A TNC may delete ratings or reviews that are motivated by bias or fraud. A TNC shall not consider negative ratings or reviews that are motivated by bias or fraud in a review of a driver for deactivation or an internal deactivation reconsideration. A TNC is prohibited from collecting biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider. If a TNC collects biometric data or biometric identifiers from a driver or rider, the TNC shall comply with specified provisions of the "Colorado Privacy Act" regarding biometric data and biometric identifiers. A TNC that violates the act may be assessed a civil penalty as determined by the commission by rule. The act requires that, on or before February 1, 2026, and on or before February 1 each year thereafter, a TNC shall submit to the commission, the attorney general, and each member of the general assembly, specified data related to incidents involving safety and discrimination. VETOED by Governor 5/16/2025(Note: This summary applies to this bill as enacted.)