Effective July 1, 2025, the act repeals the natural disaster grant fund from which awards were granted to local governments for improvements to domestic wastewater treatment works or public drinking water systems that were impacted by a natural disaster. (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 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 amends statutory provisions relating to unused medication in facilities, including correctional facilities, nursing care facilities, assisted living residences, hospice, and other facilities, to change the defined term "medication" to "medicine" and specifies the types of unused medicines that may be redispensed to patients or donated to another entity that has legal authority to possess the medicine. The act creates the Colorado drug donation program (donation program). The donation program allows a person legally authorized to possess medicine, including an individual donor who is a member of the public and other donors, including a pharmacy, a long-term care facility, a surgical center, a prescriber or other health-care professional or facility, a wholesaler, a distributor, a third-party logistics provider, and others (donor), to donate certain unused medicine (donated medicine), as specified in the act. The act prohibits the donation of prescription drugs that are subject to risk evaluation and mitigation strategies (REMS), unless all of the required guidelines are followed, or REMS drugs that were initially dispensed by a pharmacy pursuant to a restricted distribution channel. A donor or an individual donor may donate unused medicine to a donation recipient that is authorized to possess medicine and that has a credential in good standing in the state in which the donation recipient is located. A donation recipient includes a hospital, pharmacy, clinic, health-care provider, or prescriber office, and may include a wholesaler, distributor, third-party logistics provider, reverse distributor, or repackager if the entity is a nonprofit entity or is directly or indirectly owned, controlled, or could be controlled by a nonprofit entity. The act requires the donation recipient to keep a record of the donated medicine, separate the donated medicine from regular stock, and have donated medicine inspected by a licensed pharmacist. The donation recipient may transfer the donated medicine to another donation recipient or entity, repackage the donated medicine, or, if the donation recipient is a prescription drug outlet or other outlet, replace medicine of the same drug name and strength. The act requires donated medicine to first be dispensed to an eligible patient who is an individual who is indigent, uninsured, or underinsured. Donated medicine must not be resold; except that a donation recipient may charge a handling or dispensing fee for the donated medicine. When acting in good faith, the participants in the donation program are not subject to civil or criminal liability or professional disciplinary action. The act also shields drug manufacturers from liability for donated medicine that is subject to REMS under federal law. (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 authorizes the department of health care policy and financing (HCPF) to seek and accept gifts from private or public sources for the primary care fund. The act authorizes a federally qualified health center (FQHC) to establish a separate subsidiary company for the purpose of providing fee-for-service services outside of the FQHC's standard cost report if the subsidiary is providing fee-for-service services that have historically been provided and reimbursed on a fee-for-service basis and if HCPF determines that the subsidiary's reimbursements would be budget neutral. Upon receiving any necessary federal authorization, HCPF is required to reimburse a subsidiary of an FQHC on a fee-for-service basis for services that are eligible for fee-for-service reimbursement. A subsidiary that receives reimbursement is authorized to pass through money received from the reimbursement directly to the FQHC operating as the subsidiary's parent corporation. Services reimbursed to an FQHC's subsidiary are excluded from the FQHC's cost report. The act requires HCPF to exclude all costs associated with a subsidiary company from the calculation of a FQHC's reimbursement rates and requires a FQHC that establishes a separate subsidiary company to include the costs associated with the subsidiary in its cost report that is necessary to calculate reimbursement rates. (Note: This summary applies to this bill as enacted.)
On or after July 1, 2025, the act requires a person, before commencing a project to install or substantially repair a contiguous fence of at least a specified certain size in the Sangre de Cristo land grant lands (covered fencing project), to submit an application for the covered fencing project to the local government with jurisdiction over the covered fencing project (application) if the local government has opted into the act's requirements. No later than 14 days after the local government's receipt of an application, the local government must publish notice of the application on the local government's website. No later than 60 days after the local government's receipt of an application, the local government must either approve or reject the application based on certain criteria; except that, despite the criteria, a local government may approve an application if it determines that the benefits of the covered fencing project outweigh the harms. If the local government finds that a covered fencing project presents no significant environmental impacts, then the local government shall not require a person commencing the covered fencing project to submit an application or pay a fee. The act does not apply to a covered fencing project that is necessary for a public utility or department of transportation project, an energy sector public works project, the safety or security of a public school or prison, or fences provided by the division of parks and wildlife. (Note: This summary applies to this bill as enacted.)
The act creates the geologic storage stewardship enterprise (enterprise) in the department of natural resources (department) for the purpose of: Determining the amount of annual stewardship fees; Funding the long-term stewardship of geologic storage facilities in the state; Funding the plugging, abandoning, reclaiming, and, as necessary, remediating of orphaned geologic storage facilities in the state if the energy and carbon management commission (commission), after notice and a hearing, determines that available financial assurance is insufficient; and Ensuring that costs associated with long-term stewardship of geologic storage facilities are borne by geologic storage operators in the form of stewardship fees. The act creates the geologic storage stewardship enterprise board (enterprise board) to administer the enterprise. The act requires each geologic storage operator to pay an annual stewardship fee for each ton of injection carbon dioxide that the geologic storage operator injects in the state. The commission collects the stewardship fee on the enterprise's behalf. All money collected as stewardship fees is credited to the geologic storage stewardship enterprise cash fund (fund), which is created in the act. Money in the fund is continuously appropriated to the enterprise. The enterprise shall adopt rules as necessary to implement the act and the commission may adopt rules to implement its collection of stewardship fees on behalf of the enterprise. The willful violation of a commission rule, regulation, permit, or order concerning class VI injection wells used for injecting carbon dioxide for underground storage is a misdemeanor subject to a fine of $5,000 to $7,000 per day for each act of violation. To approve a geologic storage operator's request to close a site, the commission must first determine that the geologic storage operator has contributed money to the fund. Upon the commission's approval of a site closure: Ownership of the injection carbon dioxide and ownership of any remaining facilities transfer to the state without payment of additional compensation; Except in specified circumstances, the geologic storage operator is released from all regulatory liability associated with the continued storage of the injection carbon dioxide and the long-term stewardship of the associated geologic storage facility; and The enterprise undertakes long-term stewardship of the injection carbon dioxide and any associated geologic storage facility. The act makes several updates to laws concerning the administration of underground geothermal resources, including: Clarifying that "nontributary groundwater" does not include "designated groundwater", as these terms are defined in current law; Exempting certain geothermal operations from needing a well permit from the state engineer; Requiring the state engineer to notify the operator of a prior geothermal operation of an application for a proposed well, and allowing the operator the opportunity to request a hearing if the application causes concern for material injury to the prior geothermal operation; Renaming the state board of examiners of water well construction and pump installation contractors as the "state board of examiners of water well and ground heat exchanger contractors" (state board of examiners); Establishing that the authority to regulate shallow geothermal operations is shared by the state engineer and the state board of examiners; and Regulating ground heat exchanger contractors in the same manner that currently exists for water well construction contractors and pump installation contractors.(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.)
The act extends the achieving a better life experience state income tax deduction (ABLE deduction) until December 31, 2030. The act specifies that the purposes of the ABLE deduction are to provide support to individuals with disabilities and their families and to provide an incentive for individuals with disabilities and their families to set aside money in an account to cover future disability-related expenses. (Note: This summary applies to this bill as enacted.)
