Rep. Jenny Willford

The act creates the direct care workforce stabilization board (board) in the department of labor and employment (department) to review the direct care industry, which is the industry of workers who provide home-based or community-based direct care to individuals who require assistance in accomplishing activities of daily living. The act directs the board, at least once every 2 years, to review the direct care industry and develop recommendations for: Minimum employment standards for direct care workers based on information gathered through an investigation of the direct care industry market in relation to the Colorado labor market; and Improving state communications with direct care workers about their rights and the obligations of direct care employers. The board must conduct public hearings to engage direct care workers, direct care employers, and direct care consumers in the development of the standards and recommendations for improved communications. The executive director of the department may direct the board to review minimum direct care employment standards more frequently. The board must report any recommendations approved by at least 8 board members to the governor and specified committees of the general assembly by September 1, 2024, and at least every 2 years thereafter. Direct care employers are required to provide annual notices to direct care workers regarding: Their rights and the obligations of direct care employers under the act; Any minimum direct care employer standards and local jurisdiction employment standards applicable to direct care workers; and Contact information for obtaining assistance from the department. Direct care employers are prohibited from retaliating against direct care workers for participating in board meetings and activities. The board is subject to a sunset review and repeal on September 1, 2029. For the 2023-24 state fiscal year, the act appropriates: $186,876 from the general fund to the department of labor and employment for use by the executive director's office to implement the act; and $60,358 from the general fund and anticipates $60,358 in federal funds to the department of health care policy and financing to implement the act. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act allows an employee to use accrued paid sick leave when the employee needs to: Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the closure of the family member's school or place of care; Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member; or Evacuate the employee's place of residence due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the need to evacuate the employee's residence. To implement the act, $74,927 is appropriated from the general fund to the department of labor employment for use by the division of labor standards and statistics. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)

The act requires the Colorado oil and gas conservation commission (commission) and the water quality control division (division) in the department of public health and environment, in consultation with local governments, to perform a study that: Identifies best management practices for capturing methane seepage in the Raton basin; Evaluates the quality of water resulting from such methane capture operations; and Evaluates the potential to preserve and make beneficial use of such water. The primary objectives of the study are to: Proactively and systematically locate and survey methane gas seepage in the Raton basin; Document previous areas of seepage; Calculate any differences in seepage amounts; and Assess the potential for methane to create hazardous conditions. The study must include: A survey to identify suspected seepage areas, previous seepage areas, and increases or decreases in seepage; Detailed mapping of suspected seepage areas; Sampling and analysis of gas collected from selected seepage areas; and Sampling and analysis of water from selected water wells and methane capture wells in the Raton basin. In performing the study, the commission and the division shall coordinate with: The Colorado energy office; The division of water resources in the department of natural resources; The division of mining, reclamation, and safety in the department of natural resources; The division of parks and wildlife created in the department of natural resources; and The boards of county commissioners in Las Animas and Huerfano counties. The commission must complete the study and submit it to legislative committees of reference by June 30, 2025. For the 2023-2024 state fiscal year, the act appropriates $558,500 from the oil and gas conservation and environmental response fund to the department of natural resources, for use by the commission, and $85,361 from the general fund to the department of public health and environment. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Starting July 1, 2024, the act prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application. An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by: A bona fide occupational qualification pertaining to public or occupational safety; A federal law or regulation; or A state or local law or regulation based on a bona fide occupational qualification. The act allows an employer to request or require an individual to provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application if the employer notifies the individual that the individual may redact information that identifies the individual's age, date of birth, or dates of attendance at or graduation from an educational institution. The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers. For the 2023-24 state fiscal year, $56,468 is appropriated from the general fund to the department for use by the division of labor standards and statistics to pay program costs related to labor standards. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies in its 2022 sunset report by: Extending the regulation of nursing home administrators 5 years, to September 2028; Authorizing the board of examiners of nursing home administrators to discipline a licensee for failing to respond to a complaint; and Removing the requirement that a letter of admonition to a licensee be sent through certified mail. Beginning January 1, 2024, the act also requires nursing home administrators to submit to a check in the department of human services adult protective services data system to determine if the person is substantiated in a case of mistreatment of an at-risk adult. APPROVED by Governor June 2, 2023 PORTIONS EFFECTIVE June 2, 2023 PORTIONS EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)

Current law establishes water and energy efficiency standards (standards) for certain appliances and fixtures sold in Colorado. Sections 1 through 7 of the act expand the appliances and fixtures that are subject to the standards and update the standards. Specifically, section 4 updates standards for certain new appliances and fixtures that are sold, leased, or rented in Colorado on and after certain dates, including: Showerheads, urinals, water closets, and certain faucets; Certain lamps; Commercial hot food holding cabinets; Portable electric spas; Residential ventilating fans; and Spray sprinkler bodies. Section 4 also creates new standards for certain new appliances and other fixtures that are sold or leased in Colorado on and after January 1, 2026, including: Air purifiers; Commercial ovens; Electric storage water heaters; Electric vehicle supply equipment; Gas fireplaces; Irrigation controllers; Tub spout diverters and showerhead tub spout diverter combinations; Certain residential windows, residential doors, and residential skylights; and Thermostats. Section 4 also removes standards for air compressors, general service lamps, and uninterruptible power supplies. Section 5 requires the executive director (executive director) of the department of public health and environment (department) to promulgate rules on or before January 1, 2026, and every 5 years thereafter establishing standards for appliances and other devices that are not subject to the standards if certain conditions are met. Section 6 exempts manufacturers of products subject to the standards from having to demonstrate that a product complies with the law if the product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships or a successor organization. Section 6 also requires the executive director to verify major retailers' and distributors' compliance with the standards through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. Under current law, any person who sells or offers to sell in the state any new consumer product that is required to meet an efficiency standard but that the person knows does not meet that standard is subject to a civil penalty of not more than $2,000 for each violation, which amount is credited to the general fund. Section 7 credits any penalties imposed to the energy fund created in the Colorado energy office rather than to the general fund and specifies that each transaction or online for-sale product listing constitutes a separate violation. Section 8 establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions, on and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear florescent lamp or compact fluorescent lamp. Section 9 establishes standards for heating and water heating appliances. With certain exceptions, on and after January 1, 2026, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any new water heater or fan-type central furnace unless the emissions of the product do not exceed certain limits on emissions. Section 9 also requires manufacturers to use certain testing protocols, display certain information on each product, and demonstrate compliance through one of 2 described means. Section 9 also allows the executive director to promulgate rules updating any emission standard, definition, or test method for new water heaters or fan-type central furnaces in order to maintain or improve consistency with other comparable standards in other states so long as the updated version results in air quality that is equal to or better than air quality achieved using the prior standard. On or before January 1, 2030, the executive director must conduct an analysis to determine whether statewide greenhouse gas emissions from water heaters and fan-type central furnaces are declining in comparison to emission levels in 2023 in a manner that comports with the statewide greenhouse gas reduction goals. Unless the analysis determines that the emissions trajectory is consistent with achieving the statewide greenhouse gas reduction goals, the executive director shall propose to the air quality control commission rules to bring the emission levels in line with the reduction goals. Sections 8 and 9 both require the executive director to verify major retailers' and distributors' compliance with the prohibitions through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. If the attorney general has probable cause to believe that a violation occurred, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties, and any civil penalties are to be deposited in the energy fund. For the 2023-24 state fiscal year, the act appropriates $49,730 to the department from the general fund to be used by the department as follows: $5,848 for use by the division of environmental health and sustainability for administration and support; and $43,882 for the purchase of legal services, which amount is reappropriated to the department of law to provide legal services for the department. APPROVED by Governor June 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act adjusts the supplemental medicaid payment rates a qualifying nursing facility receives from the department of health care policy and financing (state department). Beginning July 1, 2024, the payment must not be less than 12% of total provider fee payments and must be adjusted for fiscal years 2024-25 and 2025-26. No later than July 1, 2026, the payment must not be less than 15% of total provider fee payments and must be annually adjusted thereafter. Current law limits the annual increase of the general fund share of the aggregate statewide average of the per diem rate to not more than 3%. The act removes this limitation and requires that the general fund share be calculated based on specific percentage increases. The act requires the state department to initiate a process no later than July 1, 2023, to remove the medicare costs from the provider rate setting by July 1, 2026. The act repeals the requirement that only such costs as are reasonable, necessary, and patient-related be reported for reimbursement purposes. The act authorizes the state department to require a nursing facility, as a condition of receiving medicaid funds, to submit any documentation necessary to ensure the state's interest in transparency, stability, and sound fiscal stewardship. As part of developing and implementing a transition plan to regulate nursing facility reimbursement, the act requires the state department to: No later than July 1, 2026, define "nursing home reimbursement" and provide payments to nursing facilities; Engage with stakeholders regularly to seek input on any proposed methodology changes; and From November 1, 2023, to November 1, 2026, submit an annual report to the joint budget committee of the general assembly regarding the implementation process. Each nursing facility that receives medicaid funds is required to submit a plan to the state department that demonstrates how the nursing facility will: Improve the health and safety of the nursing facility's residents, including infection control and staffing; Increase access to care; Improve financial sustainability, including opportunities for diversification of business lines and stabilization of revenue streams; and Promote innovation to meet the emerging needs of individuals with disabilities and aging and older adults. The act requires the state department to issue additional supplemental payments to nursing facility providers with disproportionately high medicaid utilization, to facilities that are geographically critical to ensuring access to care, and to facilities that admit compassionate release individuals from the department of corrections. The act requires each nursing facility that receives medicaid funds to develop and submit a plan to the state department that meets the state department's standards and demonstrates how the nursing facility will improve the health and safety of the nursing facility's residents, increase access to care, improve financial sustainability, and promote innovation to meet the emerging needs of individuals with disabilities and aging and older adults. Effective July 1, 2028, the act repeals the requirement that the state department exempt certain nursing facility providers from the provider fee. Effective July 1, 2026, the act repeals: The process for providing a wage enhancement supplemental payment to eligible nursing home providers that pay their employees a wage of at least $15 per hour; and Requirements for issuing additional supplemental payments to nursing facility providers that meet certain requirements. For the 2023-24 state fiscal year, the act appropriates $30,509,457 from the general fund to the state department for medical and long-term care services for medicaid eligible individuals. For the 2023-24 state fiscal year, the general assembly anticipates that the state department will receive $31,754,740 in federal funds for medical and long-term care services for medicaid eligible individuals to implement the act. APPROVED by Governor May 30, 2023 EFFECTIVE May 30, 2023 (Note: This summary applies to this bill as enacted.)

The act prohibits a licensed physician or physician assistant; licensed medical resident, intern, or fellow; licensed professional nurse; advanced practice registered nurse; registered direct-entry midwife; or medical, nursing, or direct-entry midwife student or trainee (licensee, student, or trainee) from performing, and prohibits a licensed health-care facility from permitting a licensee, student, or trainee to perform, an intimate examination on a sedated or unconscious patient unless the patient has given specific informed consent to an intimate examination. Additionally, a student or trainee may perform an intimate examination on a sedated or unconscious patient for educational or training purposes only if: The examination is related to the planned procedure to be performed on the patient; The student or trainee has been introduced to the patient as part of the patient's care team, and the student's or trainee's role in performing an intimate examination for educational or training purposes has been shared with the patient; and The student or trainee is under the direct supervision of the supervising licensee. The informed consent requirement does not apply in an emergency situation in which an intimate examination on a sedated or unconscious patient is medically necessary for the life or well-being of the patient or if the licensee has previously obtained the patient's consent to health care that includes an intimate examination about which the patient has been informed. The act outlines the requirements for obtaining the patient's informed consent. Failure to comply with the requirements of the act, or retaliating against a person who complains about a violation of the act, constitutes unprofessional conduct, is grounds for discipline, and subjects the licensee, student, or trainee to discipline by the regulator that regulates the particular health-care profession. A licensed health-care facility that fails to comply with the requirements of the act is subject to sanctions imposed by the department of public health and environment. Additionally, a patient who is subjected to an intimate examination in violation of the requirements of the act may file a civil action for damages, which action is not a medical malpractice action, and the statutory cap on noneconomic damages in civil actions applies to an award to a patient for noneconomic damages. For the 2023-24 state fiscal year, the act appropriates $32,915 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act. APPROVED by Governor May 25, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

The act allows a physician, a physician assistant, an advanced practice registered nurse, or any other person who is authorized by law to administer a vaccine (practitioner) to ask an individual who seeks to receive a publicly funded vaccine to present proof of health insurance or other form of identification, but a practitioner is prohibited from conditioning the receipt of the vaccine on the individual's presentation of the documentation or ability to pay an administration fee. The act requires practitioners to post a notice and provide to individuals seeking a publicly funded vaccine a disclosure statement indicating that the publicly funded vaccine will be provided regardless of the individual's presentation of the requested documentation or ability to pay an administration fee. The act allows an independent pharmacy to condition receipt of a publicly funded vaccine on an individual's ability to pay for the administration of the vaccine but limits the amount an independent pharmacy may charge. The act prohibits a practitioner from charging an individual for the cost of a vaccine that is paid for by the federal, the state, or a local government but permits a practitioner to charge and seek payment from an insurer or the vaccine recipient or, if applicable, from a federal or state source, for the cost of administering the vaccine. APPROVED by Governor May 10, 2023 EFFECTIVE May 10, 2023 (Note: This summary applies to this bill as enacted.)

The bill creates a dependent allowance for an individual receiving unemployment compensation (eligible individual) for each of the eligible individual's dependents. The dependent allowance starts on July 1, 2025 2026, is $35 per dependent per week, and increases annually for inflation if necessary. The bill defines "dependent" as a child of an eligible individual who receives at least half of the child's financial support from the eligible individual and who is: Under 18 years of age; or 18 years of age or older and incapable of self-care because of a mental or physical disability. The bill requires the division of unemployment insurance to report to the general assembly regarding the dependent allowance annually, beginning August 31, 2025 2026, and by August 31 of each year thereafter. The bill appropriates $655,530 to the department of labor and employment for the 2023-24 state fiscal year to implement the act. (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.)