Under the "Fair Campaign Practices Act" ("FCPA"), the candidate committees of candidates for statewide offices must submit a post-election report disclosing contributions and expenditures 30 days after the major election in election years. The committees of candidates for county, special district, and municipal offices must submit a post-election report 30 days after the primary election, where applicable, and 30 days after the major election in election years. Under the public official disclosure law ("PODL"), elected candidates and incumbents are required to file a personal financial disclosure statement and an annual update to the personal financial disclosure statement. Under the FCPA, candidates are required to file a disclosure statement. The act changes the post-election report filing deadline from 30 days to 35 days and exempts a political party committee from the requirement of filing a report of a major contribution during an off-election year. The act exempts candidates seeking reelection who have filed their annual update to the personal financial disclosure statement under the PODL from the requirement of filing a disclosure statement under the FCPA. The act further clarifies that an incumbent seeking reelection who files an annual update to the personal financial disclosure statement under the PODL is exempt from the requirement of filing a disclosure statement under the FCPA. (Note: This summary applies to this bill as enacted.)
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Under current law, a vacancy in the office of many political officials is filled by a vacancy committee. A vacancy committee is selected by the relevant central committee. The act requires central committees to include at least all of the members of the relevant central committee on a vacancy committee. (Note: This summary applies to this bill as enacted.)
Section 1 of the act authorizes the department of human services (department) to make fuel assistance payments to supplemental nutrition assistance program recipients to maximize their federal heating and cooling standard utility allowance. Money for the fuel assistance payments comes from a portion of the money collected from the energy assistance system benefit charge (charge), which is a monthly charge that investor-owned electric and gas utilities are required to collect from their customers. Money for the fuel assistance payments is credited to the supplemental utility assistance fund, which fund is continuously appropriated to the department.Section 2 removes the low-income energy assistance program administered by Energy Outreach Colorado (EOC) from the grant program reserve funded by tier 2 severance tax operational fund money.Section 3 clarifies that the definition of a "low-income utility customer", with regard to the public utilities commission's (PUC) consideration of a preference or advantage that a gas or electric utility grants a low-income utility customer, means a utility customer who meets the department's income eligibility criteria.Sections 4 and 5 make modifications to the legislative commission on low-income energy assistance, wherein section 4 expands the commission's scope to include water utility assistance and section 5 reduces the composition of the commission from 11 members to 7 members. Section 5 moves the commission from the department to the Colorado energy office (office) on May 1, 2022. Section 5 also requires the commission to:Advise the office on grants awarded from the federal department of energy regarding the office's weatherization assistance program; Advise water utilities that provide their customers with utility assistance and efficiency programs; and Review EOC's annual budget that it submits to the PUC regarding the use of funding for utility bill payment assistance. Section 6 updates the legislative declaration regarding low-income energy assistance with regard to the benefit of allowing all water utilities to participate voluntarily in a program to provide financial assistance to customers in low-income households.Sections 7, 8, and 10 to 12 concern the creation of the charge. From October 2021 through September 2022, the initial amount of the charge per customer is 50 cents for electric service provided and 50 cents for natural gas service provided, and, after September 2022, each is raised to 75 cents. Commencing October 1, 2023, the charge is adjusted for inflation. Investor-owned utilities are required to remit the charges collected to EOC to help finance low-income energy assistance programs. Additionally, each investor-owned utility is required to notify customers of:The possibility of exemption from paying the charge for a period of 12 months based on having received direct utility bill payment assistance from EOC in the previous 12 months; and Contact information for opting out of paying the monthly charge. EOC is required to allocate a portion of the money collected from the charge to the department for its fuel assistance payments and use another portion for EOC's community outreach about the charge, with the remainder of the money collected split between EOC and the office for helping to finance their energy assistance programs.Sections 9 and 13 concern voluntary, opt-in charges that a water utility may offer its customers to help finance the water utility bill payment assistance program that EOC administers. Alternatively, a water utility may implement its own water utility bill payment assistance program.Section 14 requires EOC and the office, when installing energy retrofits for low-income households, to prioritize customer savings, emission reductions, and improving indoor air quality.Section 15 governs reporting requirements for EOC and the office regarding use of the money collected from the charge and, for EOC, additional reporting requirements on voluntary, opt-in monthly water utility bill payment assistance collections.(Note: This summary applies to this bill as enacted.)
The act requires that certain language appear at the beginning of a ballot title for an initiated measure that would either increase or decrease tax revenue through a tax change.First, in the case of a measure that would reduce state tax revenue through a tax change, the ballot title must begin "Shall there be a reduction to the (description of tax) by (the percentage by which the tax is reduced in the first full fiscal year that the measure reduces revenue) thereby reducing state revenue, which will reduce funding for state expenditures that include but are not limited to (the three largest areas of program expenditure) by an estimated (projected dollar figure of revenue reduction to the state in the first full fiscal year that the measure reduces revenue) in tax revenue...?". If the ballot measure specifies the public services or programs that are to be reduced by the tax change, those public services or programs must be stated in the ballot title.Second, in the case of a measure that would reduce local district property tax revenue through a tax change, the ballot title must begin "Shall funding available for counties, school districts, water districts, fire districts, and other districts funded, at least in part, by property taxes be impacted by a reduction of (projected dollar figure of property tax revenue reduction to all districts in the first full fiscal year that the measure reduces revenue) in property tax revenue...?".Finally, in the case of a measure that would increase tax revenue for any district through a tax change, after the language required by section 20 (3)(c) of article X of the state constitution, the ballot title must state either "in order to increase or improve levels of public services", or, if applicable, "in order to increase or improve levels of public services, including, but not limited to (the program expenditure that the measure states will receive increased funding)".The act also changes the requirements for the ballot information booklet entry for certain measures. The act requires the ballot information booklet entry for an initiated measure that would increase or decrease income tax revenue or state sales tax revenue to include a table that shows the number of tax filers in designated income categories, the total tax burden change for each of those income categories, and the average tax burden change for a filer within each of those income categories. If an initiated measure includes a tax change that reduces state tax revenue, the act requires the ballot information booklet to include a description of the 3 largest areas of program expenditure funded by the affected revenue stream.(Note: This summary applies to this bill as enacted.)
The complementary or alternative medicine pilot program (pilot program) currently applies to persons with a spinal cord injury. The act expands the pilot program to include persons with a primary condition of multiple sclerosis, a brain injury, spina bifida, muscular dystrophy, or cerebral palsy, with the total inability for independent ambulation directly resulting from one of these diagnoses. The act expands the pilot program to all eligible individuals in Colorado.The act appropriates $37,984 to the department of health care policy and financing for use by the executive director's office to implement the act.(Note: This summary applies to this bill as enacted.)
Beginning in 2023, the act allows a municipality to refer a municipal election using instant runoff voting to be conducted as part of a coordinated election. The secretary of state is required to promulgate rules establishing the minimum system requirements and specifications for a voting system to be used in an election using instant runoff voting by December 31, 2022. After December 31, 2022, a system that has been tested and satisfies the standards promulgated by the secretary of state may be submitted for certification for use in an election using instant runoff voting. If the secretary of state certifies a system, the secretary is required to negotiate and purchase, if possible, a single annual statewide license with the provider to allow each county that uses the voting system to conduct elections using instant runoff voting. Each county that uses a voting system to conduct an instant runoff voting election under a statewide license obtained by the secretary of state is required to pay its share of the cost of the license as a proportion of the total number of counties that used the system that year.On and after January 1, 2023, a statutory city or town or home rule municipality located in a single county that has taken formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election by providing written notice to the county clerk and recorder. If the county uses a voting system that is certified for use in an election using instant runoff voting, the county clerk and recorder must conduct the election as part of the coordinated election. The municipality referring the election is responsible for any reasonable additional costs the county incurs as a result of conducting an instant runoff voting election, including any licensing costs paid by the county.On and after July 1, 2026, a municipality located in more than one county may refer an election using instant runoff voting to be conducted as part of a coordinated election by notifying the county clerk and recorder of each county. The counties are required to conduct the election using instant runoff voting only if each county receives timely notice, each county uses a voting system certified for such use, and the data from all the counties' voting systems can be tabulated together in accordance with rules promulgated by the secretary of state for conducting instant runoff elections across multiple counties. The counties and the municipality are required to enter into an agreement for the conduct of the election, which must specify the procedures for the county canvass boards to canvass the election. Each county canvass board is required to certify the abstract of votes cast and provide tabulation data to the designated election office for the municipality in accordance with rules adopted by the secretary of state.The secretary of state is required to promulgate rules related to instant runoff voting elections including the procedures for conducting logic and accuracy tests and risk limiting audits, and for the tabulation, reporting, and canvassing of results.(Note: This summary applies to this bill as enacted.)
The act requires a health benefit plan issued or renewed on or after January 1, 2023, to provide a cost-sharing benefit for nonpharmacological treatment where an opioid might be prescribed. The required cost-sharing benefit must include a cost-sharing amount not to exceed the cost-sharing amount for a primary care visit for nonpreventive services, at least 6 physical therapy visits, 6 occupational therapy visits, 6 chiropractic visits, and 6 acupuncture visits per year. The division of insurance (division) is required to submit to the federal department of human services a determination as to whether the cost-sharing benefit is in addition to an essential benefit and subject to defrayal by the state pursuant to federal law and a request for confirmation of the determination. The division is required to implement the benefit only if the benefit does not constitute an additional benefit that requires a defrayal.The act requires an insurance carrier (carrier) that provides prescription drug benefits to provide coverage, beginning January 1, 2023, for at least one atypical opioid that is approved by the federal food and drug administration (FDA) for the treatment of acute or chronic pain, which coverage must be at the lowest cost-sharing tier of the carrier's formulary with no requirement for step therapy or prior authorization. Additionally, a carrier cannot require step therapy for any additional FDA-approved atypical opioids.The act precludes a carrier that has a contract with a physical therapist, occupational therapist, chiropractor, or acupuncturist from:Prohibiting the physical therapist, occupational therapist, chiropractor, or acupuncturist from, or penalizing the physical therapist, occupational therapist, chiropractor, or acupuncturist for, providing a covered person information on the amount of the covered person's financial responsibility for the covered person's physical therapy, occupational therapy, chiropractic services, or acupuncture services; or Requiring the physical therapist, occupational therapist, chiropractor, or acupuncturist to charge a covered person an amount or collect a copayment from a covered person that exceeds the total charges submitted to the carrier by the physical therapist, occupational therapist, chiropractor, or acupuncturist. The commissioner of insurance is required to take action against a carrier that the commissioner determines is not complying with these prohibitions.Current law limits specified prescribers from prescribing more than a 7-day supply of an opioid to a patient who has not obtained an opioid prescription from that prescriber within the previous 12 months unless certain conditions apply. This prescribing limitation is set to repeal on September 1, 2021.The act continues the prescribing limitation indefinitely.The also requires the applicable board for each prescriber to promulgate rules that limit the supply of a benzodiazepine, which is a sedative commonly prescribed for anxiety and as a sleep aid, that a prescriber may prescribe to a patient who has not had a prescription for a benzodiazepine in the last 12 months, except for benzodiazepines prescribed to treat specific disorders or conditions.The act continues indefinitely the requirement that a health-care provider query the prescription drug monitoring program (program) before prescribing an opioid, including a benzodiazepine, and changes current law to require the query on every prescription fill, not just the second fill. This section also requires a practitioner to query the program before prescribing a benzodiazepine unless it is to treat a specific disorder or condition.In addition to current law allowing medical examiners and coroners to query the program when conducting an autopsy, section 16 allows medical examiners and coroners to query the program when conducting a death investigation.The act also authorizes the state board of pharmacy to provide a means of sharing prescription information from the program with the health information organization network in order to work collaboratively with statewide health information exchanges designated by the department of health care policy and financing.The act requires the center for research into substance use disorder prevention, treatment, and recovery support strategies to include in its continuing education activities the best practices for prescribing benzodiazepines and the potential harm of inappropriately limiting prescriptions to chronic pain patients and makes an appropriation for this purpose.The act directs the office of behavioral health in the department of human services to convene a collaborative with institutions of higher education, nonprofit agencies, and state agencies for the purpose of gathering feedback from local public health agencies, institutions of higher education, nonprofit agencies, and state agencies concerning evidence-based prevention practices.$382,908 is appropriated to the department of human services for use by the office of behavioral health. $13,000 is appropriated to the department of regulatory agencies for use by the division of insurance. $215,207 is appropriated to the department of regulatory agencies.(Note: This summary applies to this bill as enacted.)
The act continues the requirement that an opioid prescriber must adhere to the limitations on prescribing opioids.The act continues the funding for the medication-assisted treatment expansion pilot program for the 2020-21 fiscal year and each year thereafter.The act creates the regional health connector workforce program in the University of Colorado School of Medicine to educate health-care providers on evidence-based and evidence-informed therapies and techniques; provide support and assistance to primary care providers as a link between multiple services to improve community health; assist primary care practices and community agencies in connecting patients with mental health or substance use disorders to support and treatment options; educate health-care providers; and provide clear information to providers and community members about COVID-19.The act expands the Colorado State University AgrAbility project (project) by providing funding for the project's rural rehabilitation specialists to provide information, services, and research-based, stress-assistance information, education, suicide prevention training, and referrals to behavioral health-care services to farmers, ranchers, agricultural workers, and their families to mitigate incidences of harmful responses to stress experienced by these individuals.The act continuously appropriates money to the harm reduction grant program.No later than July 1, 2023, the department of health care policy and financing (HCPF) shall contract with one or more independent review organizations to conduct external reviews requested for review by a medicaid provider when there is a denial or reduction for residential or inpatient substance use disorder treatment and medicaid appeals have been exhausted.No later than October 1, 2021, HCPF shall consult with the office of behavioral health (OBH), residential treatment providers, and managed care entities (MCE) to develop standardized utilization management processes to determine medical necessity for residential and inpatient substance use disorder treatment, which processes must be incorporated into existing MCE contracts no later than January 1, 2022.No later than July 1, 2022, HCPF shall contract with an independent third-party vendor to audit 33% of all denials of authorization for inpatient and residential substance use disorder treatment for each MCE.The act requires the state medical assistance program (medicaid) to include screening for perinatal mood and anxiety disorders for the caregiver of each child enrolled in medicaid in accordance with the health resources and services administration guidelines. The screening must be made available to any caregiver, regardless of whether the caregiver is enrolled in medicaid, so long as the caregiver's child is enrolled in medicaid.No later than July 1, 2023, the Colorado department of human services (CDHS) shall develop a statewide data collection and information system to analyze implementation data and selected outcomes to identify areas for improvement, promote accountability, and provide insights to continually improve child and program outcomes.The act requires CDHS, in collaboration with the department of agriculture, to contract with a nonprofit organization primarily focused on serving agricultural and rural communities in Colorado to provide vouchers to individuals living in rural and frontier communities in need of behavioral health-care services.The act creates the county-based behavioral health grant program in OBH to provide matching grants to county departments of human or social services for the expansion or improvement of local or regional behavioral health disorder treatment programs. The grant program repeals July 1, 2023.The act creates the behavioral health-care workforce development program in OBH to increase the behavioral health-care workforce's ability to treat individuals, including youth, with severe behavioral health disorders.No later than August 1, 2021, CDHS shall develop a program to provide emergency resources to licensed providers to help remove barriers such providers face in serving children and youth whose behavioral or mental health needs require services and treatment in a residential child care facility.The act requires CDHS, in collaboration with HCPF, to develop a statewide care coordination infrastructure to drive accountability and more effective behavioral health navigation to care that builds upon and collaborates with existing care coordination services.The act requires the center for research into substance use disorder prevention, treatment, and recovery support strategies to engage in community engagement activities to address substance use prevention, harm reduction, criminal justice response, treatment, and recovery.The act continues the building substance use disorder treatment capacity in underserved communities grant program indefinitely.The act requires the perinatal substance use data linkage project to utilize data from multiple state-administered data sources when examining certain issues related to pregnant and postpartum women with substance use disorders and their infants.No later than January 1, 2022, OBH shall use a competitive selection process to select a recovery residence certifying body to certify recovery residences and educate and train recovery residence owners and staff on industry best practices.The act requires OBH to establish a program to provide temporary financial housing assistance to individuals with a substance use disorder who have no supportive housing options when the individual is transitioning out of a residential treatment setting and into recovery or receiving treatment for the individual's substance use disorder.The act creates the recovery support services grant program for the purpose of providing recovery-oriented services to individuals with a substance use disorder or co-occurring substance use and mental health disorder.The act removes the requirement that the office of ombudsman for behavioral health access to care (office) enter into a memorandum of understanding with CDHS and subjects the office to state personnel and fiscal rules.The act continues the appropriation to the maternal and child health pilot program indefinitely.The act continues the program to increase public awareness concerning the safe use, storage, and disposal of opioids and the availability of naloxone and other drugs used to block the effects of an opioid overdose.The act requires a correctional facility or private contract prison to offer a person in custody, upon release from the facility, at least 2 doses of an opioid reversal medication and education about the appropriate use of the medication.The act removes municipal, county, or fire program district fire stations from the definition of "safe station" as it relates to the disposal of controlled substances.The act requires the opioid and other substance use disorders study committee to meet in the 2022 interim rather than the 2021 interim.The act requires the university of Colorado school of medicine to provide practice consultation services and stipends to health-care providers who are eligible to provide medication for opioid use disorder.The act creates the behavioral and mental health cash fund which consists of $550 million the state received from the federal "American Rescue Plan Act". The act requires the executive committee of the legislative council to create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and governor on policies to create transformational change in the area of behavioral health.The act appropriates additional one-time money to the Colorado health service corps fund from the money received from the federal "American Rescue Plan Act".The act adds services for families with behavioral health needs as an allowable use for the high-risk families cash fund.The act continues the harm reduction grant program and the maternal and child health pilot program indefinitely.The act appropriates state money and money received by the "American Rescue Plan Act" to various state departments for certain behavioral health-related programs.(Note: This summary applies to this bill as enacted.)
Section 1 of the act declares the general assembly's intent to spend a portion of the money received by the state under the federal "American Rescue Plan Act" for broadband infrastructure and telehealth capabilities.Sections 2 and 3 extend the grant award distribution and reporting dates for the connecting Colorado students grant program.Section 6 requires the office of information technology (office) to:Enter into an agreement with a third-party vendor to develop and implement a strategic plan to expand and improve digital access to government services through the use of broadband; Consult with various stakeholders in developing the strategic plan; and On or before July 1, 2022, report to the joint technology committee on the development and implementation of the strategic plan. Section 7 establishes the Colorado broadband office (broadband office) in the office as a statutory type 1 entity. Section 7 also creates the digital inclusion grant program fund and directs the state treasurer to transfer $35 million from the economic recovery and relief cash fund to the fund for use by the broadband office to implement the digital inclusion grant program to award grant money to proposed broadband deployment projects throughout the state. Grant recipients other than Indian tribe or nation recipients are prohibited from using the grant money for last-mile broadband deployment. Section 7 also defines "community anchor institution" in relation to grants awarded through the digital inclusion grant program. Section 4 requires the chief information officer in the office to appoint a director of the broadband office. Section 5 aligns the bill with House Bill 21-1236. Section 16 provides that section 5 only becomes effective if House Bill 21-1236 is enacted.Section 8 defines "community anchor institution", "critically unserved", "income-qualified plan", and "school" in relation to grants awarded by the broadband deployment board (board) for proposed broadband deployment projects throughout the state.Section 9 creates the broadband stimulus grant program (grant program) and requires the board to implement the grant program by awarding grant money from the broadband stimulus account created in the broadband administrative fund. The state treasurer is directed to transfer $35 million from the economic recovery and relief cash fund to the account for this grant program. The board is encouraged to award money under the grant program to applicants that previously applied for broadband deployment grants from the board but were denied due to insufficient funding. An applicant seeking money under the grant program must submit an income-qualified plan to the board.Section 11 declares that high-speed broadband plays a critical role in enhancing local government and community development efforts and encourages coordinated approaches, including public-private partnerships, to broadband planning.Section 12 defines terms related to the work of the division of local government in the department of local affairs (division) in deploying broadband, including "broadband facility" and "last-mile broadband infrastructure".Section 13 requires the division to submit a copy of any application it receives for broadband deployment grant money to the broadband office for review. The broadband office must complete its review and provide the division with any recommendation regarding the application within 30 days after the division sends the copy to the broadband office.Section 13 also creates the interconnectivity grant program and requires the division to implement the grant program by awarding grant money for proposed projects that seek to achieve regional broadband deployment and provide interconnection between communities. Projects awarded money under this grant program, except for projects awarded to Indian tribes or nations, cannot use the money awarded for last-mile broadband deployment. To finance the grant program, section 13 also creates the interconnectivity grant program fund into which the state treasurer is directed to transfer $5 million from the economic recovery and relief cash fund.Section 14 appropriates:$35 million from the digital inclusion grant program fund to the office for use by the broadband office to implement the digital inclusion grant program; $35 million from the broadband stimulus account in the broadband administrative fund to the department of regulatory agencies for use by the board to implement the broadband stimulus grant program; and $5 million from the interconnectivity grant program fund to the department of local affairs for use by the division to implement the interconnectivity grant program. Sections 10 and 15 align the bill with House Bill 21-1109, which moves the board from the department of regulatory agencies to the office. Section 16 provides that sections 10 and 15 only become effective if House Bill 21-1109 is enacted. Section 16 provides that sections 8, 9, and 14 only become effective if House Bill 21-1109 is not enacted. Section 16 also provides that the act only becomes effective if Senate Bill 21-291, which creates the economic recovery and relief cash fund, is enacted.(Note: This summary applies to this bill as enacted.)
The act creates the Colorado prescription drug affordability review board (board) in the division of insurance (division) in the department of regulatory agencies as an independent unit of state government, requires the board to perform affordability reviews of prescription drugs, and authorizes the board to establish upper payment limits for prescription drugs the board determines are unaffordable for Colorado consumers. The board is also required to promulgate rules as necessary for its purposes.The board shall determine by rule the methodology for establishing an upper payment limit for a prescription drug. An upper payment limit applies to all purchases of and payer reimbursements for the prescription drug dispensed or administered to individuals in the state in person, by mail, or by other means. Any savings generated for a health benefit plan as a result of an upper payment limit established by the board must be used by the carrier that issued the health benefit plan to reduce costs to consumers, prioritizing the reduction of out-of-pocket costs for prescription drugs.On and after January 1, 2022, the act prohibits, with certain exceptions, any purchase or payer reimbursement for a prescription drug at an amount that exceeds the upper payment limit established by the board for that prescription drug.A person aggrieved by a decision of the board may appeal the decision within 60 days. The board shall consider the appeal and issue a final decision concerning the appeal within 60 days after the board receives the appeal. Final board decisions are subject to judicial review.Any prescription drug manufacturer (manufacturer) that intends to withdraw from sale or distribution within the state a prescription drug for which the board has established an upper payment limit must notify, at least 180 days before the withdrawal:The commissioner; The attorney general; and Each entity in the state with which the manufacturer has contracted for the sale or distribution of the prescription drug. The commissioner may impose a penalty of up to $500,000 on a manufacturer that fails to comply with the notice requirement. The board is directed to adopt rules regarding notice to consumers of a manufacturer's intent to withdraw a prescription drug from sale or distribution in the state.Beginning in the 2022 calendar year, for all prescription drugs dispensed at a pharmacy and paid for by a carrier during the immediately preceding calendar year, the act requires each carrier and each pharmacy benefit management firm acting on behalf of a carrier to report certain information to the all-payer health claims database.The act creates the Colorado prescription drug affordability advisory council to provide stakeholder input to the board.The board must submit an annual report to the governor and to subject matter committees of the general assembly summarizing the activities of the board during the preceding calendar year, and the chair of the board must present to those committees information concerning any prescription drug for which the board established an upper payment limit during the preceding calendar year. Upon approval of a majority of the committee members, any member of the committees may pursue legislation to discontinue the upper payment limit for a particular prescription drug, and the legislation does not count against the limit on the number of bills the member may introduce in a regular legislative session.The board and its functions are repealed, effective September 1, 2026, following a sunset review by the department of regulatory agencies.For the 2021-2022 state fiscal year, the act appropriates $730,711 from the division of insurance cash fund to the department of regulatory agencies. Of this amount, $325,297 is appropriated for use by the division for personal services, $22,650 is appropriated for use by the division for operating expenses, and $382,824 is appropriated for the purchase of legal services, which amount is reappropriated to the department of law for providing legal services.(Note: This summary applies to this bill as enacted.)