Rep. Mary Young

The act implements the recommendation of the department of regulatory agencies in its sunset review and report on the "Laura Hershey Disability Support Act" by continuing the act for 5 years, until 2026. This continues the Colorado disability funding committee, which auctions motor vehicle license plate numbers to raise money to aid persons with disabilities in accessing disability benefits.(Note: This summary applies to this bill as enacted.)

Current law provides for the establishment of a single entry point system that consists of single entry point agencies throughout the state for the purpose of enabling persons 18 years of age or older in need of long-term care to access appropriate long-term care services.The act requires the state board of the department of health care policy and financing (department) to adopt rules providing for the establishment of a redesigned case management system (system), no later than July 1, 2024, that consists of case management agencies throughout the state for the purpose of enabling individuals in need of long-term care to access appropriate long-term services and supports. No later than December 31, 2021, the department shall work with stakeholders to develop a timeline for the implementation of the system. No later than December 31, 2022, the department shall issue a competitive solicitation in order to select case management agencies for the system.The act makes conforming amendments to replace the terms "community-centered board" and "single entry point agency" with "case management agency".(Note: This summary applies to this bill as enacted.)

The act allows an adult with a disability (adult) to voluntarily enter into a supported decision-making agreement (agreement) with one or more members of the supportive community. Under the agreement, the adult may request the member of the supportive community to do any of the following:Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult; Assist the adult in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person; and Assist the adult in communicating the adult's decisions to appropriate persons when expressly authorized by the adult. The agreement may be in any form but is only valid if it contains certain information and is voluntarily signed by the adult and each member of the supportive community in the presence of 2 or more attesting and disinterested witnesses who are 18 years of age or older, or a notary public.The act requires any person who receives the original or a copy of the agreement to rely on the agreement. A person is not subject to criminal and civil liability and does not engage in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on an agreement.(Note: This summary applies to this bill as enacted.)

In honor and memory of Carrie Ann Lucas, the act names section 24-34-805 of the Colorado Revised Statutes the "Carrie Ann Lucas Parental Rights for People with Disabilities Act".(Note: This summary applies to this bill as enacted.)

The act addresses multiple recommendations from the Colorado behavioral health task force (task force), created in 2019, related to the creation of a behavioral health administration (BHA). The BHA would be a single state agency to lead, promote, and administer the state's behavioral health priorities.The act requires the department of human services (department) to submit a plan for the creation of the BHA on or before November 1, 2021, to the joint budget committee and to the department's committees of reference. The act outlines what the plan must, at a minimum, include. The essential duties of the BHA, once established, are set forth.A timeline is described for the establishment of the BHA in the department and for a future determination of the state department in which the BHA will exist, if different than the department of human services.(Note: This summary applies to this bill as enacted.)

The bill creates the connecting Colorado students grant program (program) to provide grants to local education providers to use in providing broadband service and other technology for increased internet access for students, educators, and other staff. The program is created in the department of education (department). The department reviews applications, and the commissioner of education (commissioner) awards the grants. The department must consult with the office of information technology, the office of economic development, and broadband and education technology experts in reviewing the applications. The bill specifies the required contents of grant applications, the criteria that the department and the commissioner must consider in reviewing and awarding grants, and criteria for prioritizing applicants. The bill creates the connecting Colorado students grant program fund out of which grants are paid. By February 1, 2021, the department must distribute the money appropriated to the department for the 2020-21 budget year for grants. Beginning in July 15, 2021, the department must submit to the state board of education, governor, and education committees of the general assembly a report concerning implementation of the program. By January 10, 2021, the department, in collaboration with the office of information technology and broadband service providers, must develop and make publicly available a list of free or low-cost broadband services and other internet access resources. The program is repealed, effective February 1, 2022. (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.)

The act clarifies 2008 legislation prohibiting discretionary clauses in certain plans and insurance policies and providing for the de novo standard of review (roughly translated as "anew" or "from a clean slate") in any court by: Declaring that the legislation should be construed broadly to effectuate its remedial purpose, notwithstanding any contractual or statutory choice-of-law provision to the contrary; Nullifying any contract provision that purports to give an insurer or its agent discretionary authority to determine the insured person's entitlement to benefits in any specific circumstance; and Separating the provision requiring de novo review of policy disputes from the provision allowing a claimant to demand a jury trial, to clarify that these are separate issues. The act applies to all plans and policies existing, offered, issued, delivered, or renewed in Colorado or providing health or disability benefits to a resident or domiciliary of Colorado on or after the applicable effective date of the act. (Note: This summary applies to this bill as enacted.)

For a child or youth who obtains services under the state's medicaid program through the initiation of a dependency and neglect action or juvenile delinquency action resulting in out-of-home placement, the act requires the department of health care policy and financing (department) to assign the child or youth to the managed care entity (MCE) in the county in which the action was initiated. The department shall only change the MCE designation if requested by the county with jurisdiction over the action or the child's or youth's legal guardian. (Note: This summary applies to this bill as enacted.)

The act clarifies language and requirements related to the child care license exemption for family child care homes and extends the licensure exemption from September 1, 2020, to September 1, 2026. (Note: This summary applies to this bill as enacted.)