Rep. Meghan Lukens

The act creates the provider stabilization fund for use by Colorado department of health care policy and financing (department) to distribute provider stabilization payments to safety net providers who provide services to low-income, uninsured individuals on a sliding-fee schedule or at no cost. Provider stabilization payments will be distributed to eligible safety net providers based on the proportion of low-income, uninsured individuals that an individual provider serves in comparison to the total number of low-income, uninsured individuals served by all eligible safety net providers. The state treasurer is directed to make an interest-free loan of interest earnings on the principal in the unclaimed property trust fund (UPTF) and, if the interest earnings are insufficient, from the principal of the UPTF as well, to the provider stabilization fund as follows: $25 million for the 2025-26 state fiscal year; $20 million for the 2026-27 state fiscal year; and $15 million for each of the 2027-28, 2028-29, and 2029-30 state fiscal years. The act specifies that the loan from the UPTF to the provider stabilization fund is an interfund loan that is not classified as revenue, is booked as an interfund receivable or payable, is not state fiscal year spending or state revenues, and does not count against the state fiscal year spending limit or the excess state revenues cap. The department is directed to repay the loan by January 1, 2045, but in any year in which state revenues do not exceed the limit on state fiscal year spending, the department must present to the joint budget committee a proposal to repay all or a portion of the loan at an earlier time, and to the extent possible, the general assembly must prioritize repaying the loan starting in the 2030-31 state fiscal year or sooner if funds are available. The provider stabilization fund also consists of any money the general assembly appropriates, transfers, or credits to the fund and any gifts, grants, or donations the department may receive for the fund. The act directs the department to leverage money in the provider stabilization fund to obtain federal matching money. The act establishes a provider stabilization fund advisory board (advisory board) to assist the department in implementing and administering the provider stabilization fund. The department, with assistance from the advisory board, is required to submit an annual report on the provider stabilization fund to specified committees, the governor, and the medical services board in the department. The advisory board is scheduled for repeal on September 1, 2031, and is subject to a sunset review by the department of regulatory agencies before the repeal. The act appropriates $25,000,000 from the provider stabilization fund to the department to implement the act, allocated as follows: $138,505 for personal services to administer the act, including 2.0 FTE; $15,900 for operating expenses; and $24,845,595 for provider stabilization payments to eligible safety net providers.(Note: This summary applies to this bill as enacted.)

Beginning July 1, 2026, absent an emergency placement change, the act requires a county or district department of human or social services (county department) child welfare caseworker (caseworker) to create an individualized placement transition plan (plan) for a child any time the child is moved from one placement in a foster care home, kinship foster care home, or non-certified kinship care home (placement) to another or back to the child's home. The plan must prioritize the mental, emotional, and physical needs of the child while considering the needs of the parents, current providers, and future providers as the needs of the parents, current providers, and future providers relate to the care of the child. If a sibling group is moved from a placement together, the caseworker may develop a single plan for the sibling group, as long as the plan takes into account the individualized needs of each child. The plan, at a minimum, must include: A determination of pre-transition logistics to adequately prepare for the child's new placement; A plan for pre- and post-transition communications between individuals who have relevant information for the transition; A timeline to transition the child to a new placement; A plan to physically move the child to the new placement; and A framework for a caseworker's post-transition communications. The department of human services (state department), within existing resources, shall create a training on the importance of plans that is recorded and made available on a training system that can be accessed statewide. The training must focus on plans and individuals who have lived experience with placement transitions, including an emphasis on individuals who experienced placement transitions. Newly employed caseworkers must complete the training within the first year of employment as a caseworker. All caseworkers may complete this training every 3 years. A foster care, kinship foster care, or non-certified kinship care provider (provider) may complete the training and may receive support from the state department or the county department to improve the provider's skills in transitioning a child in the provider's care from one placement to another. The state department may adopt rules for purposes of the plans. (Note: This summary applies to this bill as enacted.)

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 reorganizes and updates statutes pertaining to the duties of the office of the child protection ombudsman (office) and the child protection ombudsman (ombudsman). The act: Clarifies when the ombudsman may receive and conduct an independent and impartial investigation of complaints concerning child protection services; Clarifies the types of information, documents, or records that the ombudsman does and does not have access to; Reorganizes statutes that pertain to when an ombudsman investigates a complaint; Reorganizes statutes that pertain to the ombudsman's duties; Reorganizes and creates a new provision that pertains to the office's access to information necessary to conduct an independent review of a complaint; Reorganizes and creates a new provision focused on the office's and ombudsman's duty to confidentiality; and Provides the office access to residential child care facilities and facilities established and operated by the department of human services (facilities). The office may only access facilities in coordination with the facility directors in response to a request from a child or youth residing in the facility; in response to a request from a child's or youth's family member, caregiver, or other concerned individual; or to distribute materials created by the office informing children or youth on how to access the office, the office's services, and how to file a complaint with the office.(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 Tony Grampsas youth services grant program (grant program) provides grants to community-based programs to reduce incidents of youth crime and violence. The youth mentoring program, the student dropout prevention and intervention program, and the student before-and-after school project (collectively, the "programs") were created within the grant program. The act repeals the individual programs and instead lists the programs as allowable uses for grant money under the grant program. The act transfers certain responsibilities from the Tony Grampsas youth services board (board) to the department of human services (department). The act repeals local public-to-private funding match requirements. The act requires each entity that receives a grant to annually report certain information to the department; except that an entity that has an operating budget of less than $1.5 million, or that receives a grant in the amount of not more than $25,000, is not required to report on the outcomes achieved by the services provided and the methods used to track the outcomes. The act decreases the appropriation from the marijuana tax cash fund to the youth mentoring services cash fund by $500,000 and reappropriates the money to the grant program by $500,000. The act decreases the appropriation from the youth mentoring services cash fund to the grant program by $504,120. (Note: This summary applies to this bill as enacted.)

Under current law, certain provisions are required in a public school contract (contract), and if the provisions are omitted from a contract, the law deems that the provisions are automatically included in the contract. The act clarifies that the list includes that a contractor is required to comply with accessibility standards adopted by the office of information technology for an individual with a disability. The act adds a provision to the list to require a contractor to indemnify, hold harmless, and assume liability on behalf of a public school contracting entity, the public school, and the public school's employees and agents, for all remedies for noncompliance with standards that ensure technology accessibility to persons with disabilities. The act requires that a contract or agreement entered into between a state agency or public entity and a contractor must require a contractor to comply with accessibility standards adopted by the office of information technology for an individual with a disability. Additionally, the contractor must indemnify, hold harmless, and assume liability on behalf of a state agency or public entity's officers, employees, and agents for all remedies for noncompliance with standards that ensure technology accessibility to persons with disabilities. If the provisions are omitted from a contract, the law deems that the provisions are automatically included in the contract. (Note: This summary applies to this bill as enacted.)

Under current law, the "Protection of Individuals from Restraint and Seclusion Act" contains parameters concerning exceptions for the use of restraint and seclusion for various agencies, including for public schools. The act removes public schools from the "Protection of Individuals from Restraint and Seclusion Act" and creates the "Protection of Students from Restraint and Seclusion Act" that is specific to local education providers. The act: Prohibits any form of restraint, as defined in the act, (restraint) and seclusion, except as provided; Establishes guidelines for acceptable use of restraint and seclusion; Requires a local education provider that uses restraint or seclusion to train its employees and agents; Requires a local education provider to document instances of restraint or seclusion and notify the student's family of certain instances of restraint or seclusion; No later than July 1, 2025, requires each local education provider to establish an annual review process for their use of restraint and seclusion; and Annually, beginning June 30, 2026, requires each local education provider to submit a report to the department of education summarizing their use of restraint and seclusion. The state board of education shall adopt rules for the implementation of the act. (Note: This summary applies to this bill as enacted.)

Health benefit insurance plans (health benefit plans) include coverage for gender-affirming health care as part of individual and group health benefit plans. "Gender-affirming health care" is defined in the act as supplies, care, and services of a medical, behavioral health, mental health, psychiatric, habilitative, surgical, therapeutic, diagnostic, preventive, rehabilitative, or supportive nature relating to the treatment of gender dysphoria (gender-affirming health care). The act codifies gender-affirming health care treatments in statute and prohibits a health benefit plan from denying or limiting medically necessary gender-affirming health care, as determined and prescribed by a physical or behavioral health-care provider. The act authorizes the health insurance affordability board to seek, accept, and expend gifts, grants, or donations and to use those gifts, grants, or donations to cover abortion costs and to ensure access to legally protected health-care activity. The act exempts prescriptions for testosterone from the tracking requirements of the prescription drug use monitoring program and blocks archived records concerning testosterone use from view. (Note: This summary applies to this bill as enacted.)