The Colorado constitution allows a qualifying senior or a veteran who has a service-connected disability rated as a 100% permanent disability to claim a property tax exemption for 50% of the first $200,000 of actual value of the qualifying senior's or veteran's owner-occupied primary residence. The concurrent resolution extends eligibility for the exemption to the gold star spouse of a veteran. Gold star spouse is defined as the spouse of a deceased member of the United States armed forces who qualifies for a gold star lapel button due to the death of the member of the United States armed forces under applicable federal law and regulations prescribed by the federal secretary of defense.(Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.)
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The act allows a plaintiff to assert direct negligence claims against an employer or principal arising out of the same incident in which the employer or principal admits liability for the tortious actions of its employee or agent.(Note: This summary applies to this bill as enacted.)
The act establishes the process used by county commissioner redistricting commissions (commissions) to divide counties that have any number of their county commissioners not elected by the voters of the whole county into county commissioner districts. In these counties, the act:Recommends the establishment of independent county commissioner redistricting commissions and provides criteria to consider when creating these independent commissions; Requires the commissions to hold multiple hearings, either online or throughout the relevant counties, that are broadcast and stored online and comply with state statutes regarding open meetings; Requires the commissions to provide the opportunity for public involvement by providing the ability to propose and comment on plans and to testify at commission hearings; Prohibits improper communication between a member of a commission and the staff of a commission or a member of an advisory committee; Mandates that paid lobbying of the commissions be disclosed to the secretary of state by the lobbyist; Establishes prioritized factors for the commissions to use in drawing districts, including federal requirements, the preservation of communities of interest and political subdivisions, and maximizing the number of competitive districts; Prohibits the commissions from approving a plan if it has been drawn for the purpose of protecting one or more incumbent members, or one or more declared candidates, of the board of county commissioners, or any political party, and codifies current federal law and related existing federal requirements prohibiting plans drawn for the purpose of or that results in the denial or abridgement of a person's right to vote or electoral influence on account of a person's race, ethnic origin, or membership in a protected language group; Requires the commissions to approve a redistricting plan and specifies the date by which a final plan must be adopted by the board of county commissioners; and Specifies that the staff of each commission or an advisory committee will draft no less than 3 plans. The act allows counties to complete the establishment, revision, or alteration of county commissioner districts by September 30 of the second odd-numbered year following a census, rather than the first odd-numbered year following a census. The act also ensures that, if the redistricting of county commissioner districts excludes the residence of a county commissioner from the district the commissioner represents, the commissioner may continue to hold the office of county commissioner until his or her term expires.The act aligns the redistricting population data used to establish county commissioner districts with the redistricting population data used to establish congressional districts, state house of representative districts, and state senate districts.The act also requires that, in a county where any number of county commissioners are not elected by the voters of the whole county and the board of county commissioners refers a measure to the voters of the county to change the method of electing county commissioners, the referred measure must provide at least 2 different methods of electing county commissioners.Finally, the act repeals anachronistic county precinct size rules and allows county clerk and recorders to redraw precincts less often.(Note: This summary applies to this bill as enacted.)
The act: Requires a carrier that provides coverage for opiate antagonists to reimburse a hospital if the hospital provides a covered person with an opiate antagonist upon discharge; Requires a pharmacist who dispenses a prescription for an opioid to notify the individual to whom the opioid is being dispensed about the availability of an opiate antagonist; Allows a pharmacist or pharmacy technician to sell a nonprescription syringe or needle to any person and exempts pharmacists and pharmacy technicians who sell nonprescription syringes or needles from the drug paraphernalia criminal statutes; Extends civil and criminal immunity for a person who acts in good faith to furnish or administer an opiate antagonist to an individual the person believes to be suffering an opiate-related drug overdose when the opiate antagonist was expired; and Allows a nonprofit organization to operate a clean syringe exchange program without local board of health approval and requires the nonprofit organization to annually report specified information to the department of public health and environment.(Note: This summary applies to this bill as enacted.)
Sections 1, 2, 3, and 4 of the act allow the department of corrections, local jails, multijurisdictional jails, municipal jails, and state department of human services facilities (institutions) to make opioid agonists and opioid antagonists available to a person in custody with an opioid use disorder. The institutions are strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration or commitment. Qualified medication administration personnel may administer opioid agonists and opioid antagonists. The facilities may contract with community-based health providers for the administration of opioid agonists and opioid antagonists. Section 5 of the act allows a person to dispose of any controlled substances at a safe station, if safe station personnel are available, and request assistance in gaining access to treatment for a substance use disorder. A "safe station" is defined as any municipal police station; county sheriff's office; or municipal, county, or fire protection district fire station. Safe station personnel shall provide the person with information about the behavioral health crisis response system. Sections 6 and 7 of the act require the department of corrections and jails to ensure that continuity of care is provided to inmates prior to release, which includes post-release resources and a list of available substance use providers. County jails are required to provide medicaid reenrollment paperwork to a person when the person enters the county jail and file the paperwork with the county department of health and human services upon releasing the person from the county jail's custody. Section 8 of the act requires the executive director of the department of corrections, in consultation with the offices of behavioral health and economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers to develop resources for inmates post-release that provide information to help prepare inmates for release and reintegration into their communities. Section 9 of the act requires a court, when reviewing a petition to seal criminal records, to consider favorably, when applicable, the fact that the petitioner has entered into or successfully completed a licensed substance use disorder treatment program, in determining whether to issue the order. Sections 10, 11, and 12 of the act allow the office of behavioral health (OBH) in the department of human services (CDHS) to contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. OBH may require diversion programs to participate as a mobile crisis service. CDHS shall include an update regarding the current status of funding and implementation of the criminal justice diversion programs in its annual SMART Act presentation. (Note: This summary applies to this bill as enacted.)
The act requires a health benefit plan, beginning January 1, 2022, to provide coverage for nonpharmacological treatment as an alternative to opioids. The required coverage must include, at a cost-sharing amount not to exceed the cost-sharing amount for a primary care visit for nonpreventive services and without a prior authorization requirement, at least 6 physical therapy visits, 6 occupational therapy visits,6 chiropractic visits, and 6 acupuncture visits per year. The act requires an insurance carrier (carrier) that provides prescription drug benefits to provide coverage, beginning January 1, 2022, 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 at the lowest cost-sharing tier of the carrier's formulary with no requirement for step therapy or prior authorization and to not 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, or acupuncturist from: Prohibiting the physical therapist, occupational therapist, or acupuncturist from, or penalizing the physical therapist, occupational therapist, 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, or acupuncture services; or Requiring the physical therapist, occupational therapist, or acupuncturist to charge or collect a copayment from a covered person that exceeds the total charges submitted by the physical therapist, occupational therapist, or acupuncturist. The commissioner of insurance is required to take action against a carrier that the commissioner determines is not complying with these prohibitions. The act requires the executive director of the department of regulatory agencies to promulgate rules that limit the supply of a benzodiazepine that a prescriber may prescribe to patient who has not had a prescription for benzodiazepine in the last 12 months. Current law limits an opioid prescriber from prescribing more than a 7-day supply of an opioid to a patient who has not had an opioid prescription within the previous 12 months unless certain conditions apply, and this prescribing limitation is set to repeal on September 1, 2021. The act continues the prescribing limitation indefinitely. The act requires the Colorado medical board (board) to consult with the center for research into substance use disorder prevention, treatment, and recovery support strategies to promulgate rules establishing competency-based continuing education requirements for physicians and physician assistants concerning prescribing practices for opioids. With regard to the prescription drug monitoring program (program), the act: Modifies requirements for adding prescription information to the program; (program) Prohibits the state board of pharmacy from charging practitioners or pharmacists a fee for registering or maintaining an account with the program; Continues indefinitely the requirement that a health care provider query the program before prescribing a second fill for an opioid; Requires each health care provider to query the program before prescribing a second fill for a benzodiazepine, unless certain exceptions apply; Requires the board to promulgate rules designating additional controlled substances and other prescription drugs to be tracked by the program; and In addition to current law allowing medical examiners and coroners to query the program when conducting an autopsy, allows medical examiners and coroners to query the program when conducting a death investigation. The act appropriates $18,540 from the division of professions and occupations cash fund to the department of regulatory agencies to implement the act, with $2,550 allocated to the Colorado medical board and $15,990 reappropriated to the department of law to provide legal services to the department of regulatory agencies. (Note: This summary applies to this bill as enacted.)
The act establishes the health insurance affordability enterprise, for purposes of section 20 of article X of the state constitution, that is authorized to assess a health insurance affordability fee (insurer fee) on certain health insurers and a special assessment (hospital assessment) on hospitals in order to: Provide business services to carriers that pay the insurer fee, including services to increase enrollment in health benefit plans offered by carriers across the state; increase the number of individuals who are able to purchase health benefit plans in the individual market by providing financial support for certain qualifying individuals; fund the reinsurance program that offsets the costs carriers would otherwise pay for covering consumers with high medical costs; improve the stability of the market throughout the state by providing consistent private health care coverage and reducing the movement of individuals from insured to uninsured status; reduce provider cost shifting from the individual market and the uninsured to the group market; and create a healthier risk pool for all carriers by establishing a path for consistent coverage for individuals; and Provide business services to hospitals, including by reducing the amount of uncompensated care provided by hospitals; reducing the need of providers to shift costs of providing uncompensated care to other payers; and expanding access to high-quality, affordable health care for low-income and uninsured residents. The enterprise is to start assessing and collecting the insurer fee in 2021, which fee is based on a percentage of premiums collected by health insurers in the previous calendar year on health benefit plans issued in the state. The hospital assessment is a specified amount assessed and collected in the 2022 and 2023 calendar years. Money collected from the insurer fee and hospital assessment is to be deposited in the health insurance affordability cash fund (fund), which the act creates. The act also transfers an amount of premium taxes collected by the state in 2020 or later years that exceeds the amount collected in 2019, but not more than 10% of the enterprise's revenues, to the fund. The enterprise is required to use the insurer fee, the hospital assessment, and any premium tax revenues or other money available in the fund, in accordance with the allocation specified in the act, for the following purposes: To provide funding for the Colorado reinsurance program; To provide payments to carriers to increase the affordability of health insurance on the individual market for Coloradans who receive the premium tax credit available under federal law; To provide subsidies for state-subsidized individual health coverage plans purchased by qualified low-income individuals who are not eligible for the premium tax credit or public assistance health care programs; To pay the actual administrative costs of the enterprise and the division of insurance for implementing and administering the act, limited to 3% of the enterprise's revenues; and To pay the costs for consumer enrollment, outreach, and education activities regarding health care coverage. The enterprise is governed by an 11-member board composed of the executive director of the Colorado health benefit exchange and the commissioner of insurance or their designees and 9 members appointed by the governor and representing various aspect of the health care industry and health care consumers. With regard to the Colorado reinsurance program and enterprise, the act: Incorporates the reinsurance program enterprise within the health insurance affordability enterprise; Eliminates funding for the reinsurance program from special assessments on hospitals and health insurers, excess premium tax revenues, and specified transfers from the state general fund and instead allocates a portion of the health insurance affordability enterprise revenues to the reinsurance program annually; and Extends the reinsurance program, subject to federal approval of a new or extended state innovation waiver to enable the state to operate the reinsurance program and access federal funding for the program.(Note: This summary applies to this bill as enacted.)
From money given to the state pursuant to the federal "Coronavirus Aid, Relief, and Economic Security Act", commonly referred to as the "CARES Act", the bill allocates $10 million from the care subfund in the general fund to the energy outreach Colorado low-income energy assistance fund administered by the Colorado energy office for use by energy outreach Colorado on or before December 30, 2020, to provide direct utility bill payment assistance to households facing economic hardship due to the COVID-19 pandemic. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Beginning January 1, 2022, the bill requires a health insurance carrier (carrier) that offers an individual health benefit plan in this state to offer a Colorado option plan in the Colorado counties where the carrier offers the individual health benefit plan. The commissioner of insurance (commissioner) is required to develop and implement a Colorado option plan that must: Be offered to Colorado residents who purchase health insurance in the individual market; Implement a standardized plan that: Allows consumers to easily compare health benefit plans; and Provides first-dollar, predeductible coverage for certain services; Include the essential health benefits package; Provide different, specific levels of coverage; Include a hospital reimbursement rate formula; Require hospital participation; Require a minimum medical loss ratio of 85%; and Require carriers and pharmacy benefit management firms to pass rebate savings through to consumers and document the savings and pass-through in a form and manner determined by the commissioner. The Colorado option advisory board (board) is created to advise and make recommendations to the commissioner on all aspects of the Colorado option plan. The bill authorizes the commissioner to promulgate rules to develop, implement, and operate the Colorado option plan, including: Expanding the Colorado option plan to the small group market; Establishing a hospital reimbursement rate formula; and Requiring carriers to offer the Colorado option plan in specific counties. If a hospital refuses to participate in the Colorado option plan, the department of public health and environment may issue a warning, impose fines, or suspend, revoke, or impose conditions on the hospital's license. The commissioner, in consultation with the board, is required to evaluate the Colorado option plan beginning July 1, 2024, and each year thereafter. (Note: This summary applies to this bill as introduced.)
The bill prohibits a health system from requiring a carrier, as a condition of a contract for the delivery of health care services, to: Contract with every hospital or other facility within the health system; Agree to provide the same reimbursement rates at each hospital or other facility within the health system; or Contract with all of the hospitals in the health system in order to access a lower reimbursement rate than is otherwise offered by the health system. The bill also precludes a hospital or health system from, as a condition of a contract: Prohibiting a carrier from contracting with any other hospital or health system; Prohibiting a health care provider or provider group from contracting with any other hospital or health system. The bill states that if, pursuant to the terms of employment or certain contract terms, a health care provider is prohibited from referring a patient to a health care provider outside the health system in which the referring provider is employed or contracted, the health care provider must disclose this restriction to any patient who the health care provider refers to another health care provider within the same health system. The bill makes necessary conforming amendments. (Note: This summary applies to this bill as introduced.)