Health insurance - out-of-network health care services - disclosures - claims - reimbursement rates - deceptive trade practice - rules - appropriation. The act: Requires health insurance carriers, health care providers, and health care facilities to provide patients covered by health benefit plans with information concerning the provision of services by out-of-network providers and in-network and out-of-network facilities; Outlines the disclosure requirements and the claims and payment process for the provision of out-of-network services; Requires the commissioner of insurance, the state board of health, and the director of the division of professions and occupations in the department of regulatory agencies to promulgate rules that specify the requirements for disclosures to consumers, including the timing, the format, and the contents and language in the disclosures; Establishes the reimbursement amount for out-of-network providers that provide health care services to covered persons at an in-network facility and for out-of-network providers or facilities that provide emergency services to covered persons; and Creates a penalty for failure to comply with the payment requirements for out-of-network health care services. The act appropriates $33,884 from the general fund to the department of public health and environment and $63,924 from the division of insurance cash fund to the division of insurance to implement the act. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
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Dental program for seniors - review - maximum reimbursement rates. The act adds to the duties of the department of health care policy and financing (department) under the Colorado dental health care program for low-income seniors (program) to review the operation and effectiveness of the program in the next annual report. Qualified grantees under the program and the department shall report recommendations concerning the operations and effectiveness of the program. Under current law, the senior dental advisory committee recommends to the medical services board the maximum reimbursement rate for dental procedures under the Colorado dental health care program for low-income seniors that cannot be less than the reimbursement rate previously adopted by the state board of health for the program. The act changes the maximum reimbursement rate that the committee may recommend to not less than the medicaid fee-for-service rate. (Note: This summary applies to this bill as enacted.) Read More
Access to behavioral health treatment - capacity tracking system - care navigation program - building substance use disorder treatment capacity in underserved communities grant program - appropriation. The act: Directs the department of human services to implement a centralized, web-based behavioral health capacity tracking system to track available treatment capacity at behavioral health facilities and at programs for medication-assisted treatment and withdrawal management for substance use disorders, as well as other types of treatment; Directs the department of human services to implement a care navigation program to assist individuals in obtaining access to treatment for substance use disorders, including medical detoxification and residential and inpatient treatment; and Creates the building substance use disorder treatment capacity in underserved communities grant program to provide services in rural and frontier communities, prioritizing areas of the state that are unserved or underserved. For the 2019-20 state fiscal year, the act appropriates: $31,961 and 0.8 FTE to the department of health care policy and financing, executive director's office for personal services and operating expenses, with the expectation that the department will receive additional federal funding; $5,589,344 and 2.5 FTE from the marijuana tax cash fund to the department of human services, office of behavioral health, for community behavioral health administration, the behavioral health capacity tracking system, the care navigation program, and the building substance use disorder treatment capacity in underserved communities grant program; and $160,206 and 1.4 FTE from reappropriated funds received from the department of human services to the office of the governor for use by the office of information technology.(Note: This summary applies to this bill as enacted.) Read More
The bill creates the "Colorado Partnership for Quality Jobs and Services Act" to facilitate the creation of formal labor-management partnership agreements between state employees in the state personnel system and the executive branch of state government. The bill specifies that certain employees in the state personnel system, due to the nature and responsibilities of their jobs, are not able to participate in partnership agreements. State employees who are allowed to participate in partnership agreements are designated covered employees. Partnership units: The bill specifies that a partnership unit is a group of covered employees who have similar job classifications and who are in a unit for representation by a nonprofit organization that represents covered employees (employee organization). The bill creates partnership units composed of covered employees in specified occupational groups. If a partnership unit was created pursuant to the existing Colorado executive order that authorizes partnership agreements (executive order) and the partnership unit has chosen an employee organization to exclusively represent it (certified employee organization), the partnership unit will continue to be represented by its existing certified employee organization. Certified employee organizations: An employee organization that wants to represent an unrepresented partnership unit may file a petition with the department of labor and employment (department) requesting that it hold an election to allow covered employees in the partnership unit to elect an employee organization to represent it. The department is required to provide notice of the petition and other employee organizations may be included on the ballot in the election. The department is required to conduct an election to determine which employee organization will be the certified employee organization of the partnership unit. The ballot must allow covered employees to vote not to be represented by an employee organization. If one employee organization receives a majority of the votes, the department is required to certify the employee organization as the certified employee organization of the partnership unit. The bill specifies circumstances under which the department is not allowed to hold an election for a partnership unit to select a certified employee organization. The bill also specifies that a covered employee or an employee organization may initiate a process to decertify a certified employee organization for a partnership unit. Rights of covered employees and certified employee organizations: The bill specifies that a covered employee may work with an employee organization and communicate with other covered employees to form a partnership agreement. Certified employee organizations have the right to reasonable access to areas where covered employees work to hold meetings, post notices, and provide information to covered employees. Duties of the certified employee organization: The bill specifies that a certified employee organization is required to represent the interests of all covered employees in the partnership unit, regardless of membership in the employee organization. The bill also specifies the process by which a covered employee may initiate a grievance regarding the interpretation of a partnership agreement. In addition, the bill prohibits a certified employee organization from engaging in a strike, work stoppage, or group sickout against the state or any of its agencies or departments. Duties of the state: The bill specifies that the state is required to: Make payroll deductions for membership dues and other payments that covered employees authorize to be made to the certified employee organization; Notify the certified employee organization when a covered employee is hired, promoted, or transferred to a new partnership unit; Periodically provide specified information about covered employees to each certified employee organization; Allow a certified employee organization to attend orientations for new covered employees; After the state and the certified employee organization reach a partnership agreement, submit a request to the general assembly for sufficient appropriations to implement terms of the partnership agreement requiring the expenditure of money; and Engage in good faith in all aspects of the partnership process. Partnership agreements: A certified employee organization and the state are required to discuss and draft written partnership agreements, which are binding on the state, the certified employee organization, and covered employees. Partnership agreements that govern matters impacting all covered employees in all of the represented partnership units are required to be negotiated collaboratively with all certified employee organizations; except that a certified employee organization may opt out of joint negotiations for the partnership units it represents. A partnership agreement is required to provide a grievance procedure to resolve disputes over the interpretation, application, and enforcement of any provision of the partnership agreement. A partnership agreement is also required to continue in full force and effect until it is replaced by a subsequent partnership agreement. If disputes arise during the formation of a partnership agreement, the certified employee organization and the state are required to engage in the dispute resolution process established by the bill. Duties of the state personnel director: The state personnel director (director) is required to enforce certain aspects of the partnership agreement process. The director is authorized to conduct hearings to adjudicate disputes regarding the rights of covered employees and the rights and duties of certified employee organizations and the state under partnership agreements. The director is required to determine and impose appropriate administrative remedies to address violations of rights or duties pursuant to the "Colorado Partnership for Quality Jobs and Services Act". Court review: The bill specifies the circumstances under which the director or a party to a partnership agreement may request court review of the final action of the director or an arbitrator's decision and specifies the standards under which the court may conduct such review. Court review may be requested as follows: The director may request that the court of appeals enforce orders issued by the director in connection with partnership agreements; Any person or party affected by a final rule, order, or decision of the director may appeal to the district court for further relief; A party to a partnership agreement may seek enforcement or vacation of an arbitrator's decision on a grievance concerning the interpretation, application, and enforcement of a partnership agreement in district court; and Either the state or a certified employee organization may challenge the final judgment of an arbitrator's judgment resolving a dispute in the formation of a partnership agreement in district court.(Note: This summary applies to this bill as introduced.) Read More
Capital-related transfers of money. For the 2019-20 state fiscal year, the act transfers: $90,695,989 from the general fund to the capital construction fund; $42 million from the general fund to the controlled maintenance trust fund; $12,342,676 from the general fund to the information technology capital account of the capital construction fund; $500,000 from the general fund exempt account of the general fund to the capital construction fund; and $1 million from the preservation grant program account of the state historical fund to the capital construction fund for repainting of the interior of the dome of the state capitol building.(Note: This summary applies to this bill as enacted.) Read More
General fund transfer - state employee reserve fund. The act requires the state treasurer to transfer $23 million from the state employee reserve fund to the general fund on July 1, 2019.(Note: This summary applies to this bill as enacted.) Read More
Current law allows heat, light, gas, water, power, and telephone utilities to establish a graduated scale of charges known as tiered rates. The bill directs the legislative investor-owned utility review interim study committee to study the effects of tiered electric rates and allows the committee to hold 4 meetings during the 2019 interim. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill, known as the "Colorado Energy Impact Assistance Act", authorizes any electric utility (utility) to apply to the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the retirement of an electric generating facility occurs. A utility that issues bonds in conjunction with the retirement of an electric generating facility may apply to the PUC for approval to replace the retired electric generating facility with cost-effective generation resources or energy storage facilities, the granting of which by the PUC is subject to specified requirements and limitations. A portion of bond proceeds will provide transition assistance for Colorado workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills. The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers. Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a financing order is approved by the PUC, it must include specific information and instructions for the utility to which it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and must require the utility to pay 15% of the net present value of the savings to a newly created Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility. The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide transition assistance and pay its reasonable and necessary administrative and operating costs. Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from the elimination of the need for fuel at the facility. The authority must disburse at least 50% of the transition assistance that it provides directly to Colorado workers; except that, if the local advisory committee established by the authority as required by the bill determines that the disbursement of 50% of all transition assistance directly to Colorado workers would be excessive based on the amount of transition assistance available and the amount of need for such direct assistance and recommends that a lower percentage of all transition assistance be disbursed directly to Colorado workers, the authority may reduce the percentage of all transition assistance disbursed directly to Colorado workers below50% to any percentage not less than 30%. When determining how best to provide transition assistance to a local community, the authority must, in conjunction with each board of county commissioners, municipal governing body, and school district that includes all or a portion of the impacted community, establish and take into consideration the advice of a local advisory committee. The authority is subject to open meeting and open records requirements and is required to submit a report to specified committees of the general assembly that sets forth a complete and detailed financial and operating statement of the authority for any fiscal year for which the authority has provided transition assistance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
General appropriation act - 2019 - long bill. For the state fiscal year beginning July 1, 2019, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2019. The grand total for the operating budget is set at $31,933,536,156 of which $9,202,196,421 is from the general fund portion of the appropriation; $2,638,215,405 is from the general funds exempt portion; $9,281,575,477 is from the cash funds portion; $2,087,776,808 is from the reappropriated funds portion; and $8,723,772,045 is from the federal funds portion. The grand total for the state fiscal year beginning July 1, 2019, capital construction projects is $260,727,454 of which $168,460,533 is from the capital construction fund portion of the appropriation; $72,690,215 is from the cash funds portion; $8,911,836 is from the reappropriated funds portion; and $10,664,870 is from the federal funds portion. The 2017 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of education, health care policy and financing, and higher education. The 2018 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of corrections, education, health care policy and financing, higher education, human services, judical, personnel, and public health and environment. Appropriations made in House Bill 16-1398, concerning the requirement that the department of human services use a request-for-proposal process to contract with an entity to implement recommendations of the respite care task force, is amended to extend any unexpended money to the department of human services until the 2019-20 state fiscal year. Appropriations made in House Bill 18-1328, concerning the children's habilitation residential waiver program, is amended to reduce the amount appropriated to the department of health care policy and financing. (Note: This summary applies to this bill as enacted.) Read More
State water plan - grant program - appropriations. Section 1 of the act: Creates the water plan implementation grant program (program); and Specifies criteria for expenditures by the Colorado water conservation board (board) for the program. The act appropriates: $8.3 million from the general fund to the department of natural resources (department) for use by the board to finance grants; and $1.7 million from the general fund to the department for use by the board for stakeholder outreach and technical analysis to develop a water resources demand management program.(Note: This summary applies to this bill as enacted.) Read More