Rep. Yara Zokaie

Current law requires the department of corrections (department) to assess a copayment for inmate-initiated visits to providers of medical, dental, mental health, and optometric care services. Current law permits a waiver or reduction of the copayment under a range of circumstances. The department's current administrative regulations assess fees when an inmate fails to attend or refuses a scheduled health-care appointment. The act eliminates the copayment and prohibits the department from assessing a fee when an inmate fails to attend or refuses a health-care appointment. The department is required to report during its 2026 "SMART Act" hearing on the number of times in the previous year that an inmate failed to attend a scheduled health-care appointment or requested an appointment when the request was not relevant to an actual medical condition. The act reduces appropriations to the department by a net of $165,682, which includes an increase of $157,179 appropriated from the general fund and a decrease of $322,861 from cash funds. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

The act requires a landlord who initiates an eviction proceeding for nonpayment of rent against a tenant to comply with certain notice requirements set forth in federal law for tenants who use housing subsidies. Under current law, if a tenant proves as an affirmative defense to an eviction proceeding that the landlord violated the warranty of habitability, the court must order a reduction in the fair rental value of the dwelling unit and order the landlord to reimburse the tenant any difference in rent between the reduced fair rental value and any greater amount of rent that the tenant paid. The act states that the landlord must reimburse this amount regardless of whether part or all of the rent was paid by the tenant or by a housing subsidy issued to the tenant. The act states that a landlord commits an unfair housing practice if the landlord fails to: Make reasonable efforts to timely respond to requests for information and documentation necessary for a rental assistance application process; or Cooperate with a tenant who is applying for rental assistance in good faith. Current law allows a person to pursue relief for damages resulting from a landlord's commission of an unfair housing practice. The act states that, if a court awards damages to a plaintiff who prevails in such an action, and the violation concerns discrimination on the basis of an individual's use of a housing subsidy, the court shall award the plaintiff at least $5,000 in damages. The act also states that a calculation of actual damages must include consideration of losses that a tenant may incur as a result of the tenant forfeiting their housing subsidy as a result of the landlord discriminating against the tenant based on the tenant's source or amount of income. Current law provides that, in addition to relief awarded to a tenant in a private action, the Colorado civil rights commission may order a respondent who has been found to have engaged in an unfair housing practice to pay a civil penalty in an amount that varies based on whether the respondent has previously committed discriminatory housing practices. The act establishes a minimum penalty amount of $5,000 if a person commits any of certain unfair housing violations and the violation concerns discrimination on the basis of an individual's use of a housing subsidy. (Note: This summary applies to this bill as enacted.)

Under current law, a sheriff may allow an individual to choose to stay in jail overnight after release when extenuating circumstances exist. The act makes facilitation of a connection to a service provider an extenuating circumstance. If an individual chooses to remain in jail overnight, the individual must be released by 10 a.m. the next morning. Under current law, to qualify for special needs parole, there is a distinction between inmates who are 55 years of age or older and those who are under 55 years of age. The act changes that distinction. The act makes an inmate eligible for special needs parole if the inmate suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function. If the inmate is under 55 years of age, the act provides for special needs parole if the inmate has served at least 25% of the inmate's sentence and is eligible for parole after serving 50% of their sentence including earned time; has served at least 35% of the inmate's sentence and is eligible for parole after serving 75% of their sentence including earned time; has served at least 40% of the inmate's sentence and is eligible for parole after serving 75% of the sentence; or has been diagnosed by a licensed health-care provider as having a terminal illness that is irreversible, unlikely to be cured, and likely to cause death; and has not incurred a class I code of penal discipline violation within the 12 months before the date of the application for special needs parole. An inmate who is 64 years of age or older and has served at least 20 years of their sentence and was not convicted of a class 1 or class 2 felony, unlawful sexual behavior, a crime that includes domestic violence, or stalking is eligible for special needs parole. The act makes a person eligible for special needs parole if the person has a condition such as advanced or metastatic cancer; end-stage renal disease; end-stage chronic obstructive pulmonary disorder; end-stage heart disease; end-stage liver disease; progressive neurodegenerative disease such as Huntington's disease, Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure disorder; severe dementia; or Alzheimer's disease. The act provides that when a health-care provider who is providing care or recently provided care to the person makes a determination that the person's medical condition meets the standard for special needs parole, then a referral must be made to the parole board. The department of corrections is required to include in each contract with a licensed health-care provider involved in providing inmate care a requirement that the provider screen for eligibility for special needs parole. The act requires legislative council staff to conduct a study of options for releasing aging and seriously ill offenders from secure custody to appropriate care or placing offenders in alternative programs that can better provide the offender's needed medical care. (Note: This summary applies to this bill as enacted.)

The act prohibits the sale or distribution for consideration of an algorithmic device if: The algorithmic device is sold or distributed with the intent that it will be used by 2 or more landlords in the same market or a related market to set or recommend the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises; and The device sets or recommends the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises based on data or a formula that is similar for each landlord. The act also prohibits the use of an algorithmic device by a person to set or recommend the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises if: The person knew or should have known that another person used the algorithmic device to set or recommend the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises; and The circumstances suggest that the person adhered to or participated in a scheme to fix the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises. The act also prohibits a person engaged in the business of providing algorithmic device services or products that are used to set or recommend the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises from using nonpublic competitor data pertaining to residential properties in Colorado in setting or recommending the amount of rent, level of occupancy, or other commercial term associated with the occupancy of a residential premises for residential properties in Colorado. A violation is deemed to be an illegal restraint of trade or commerce and is punishable in accordance with the "Colorado State Antitrust Act of 2023". VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

Beginning July 1, 2026, absent an emergency placement change, the act requires a county or district department of human or social services (county department) child welfare caseworker (caseworker) to create an individualized placement transition plan (plan) for a child any time the child is moved from one placement in a foster care home, kinship foster care home, or non-certified kinship care home (placement) to another or back to the child's home. The plan must prioritize the mental, emotional, and physical needs of the child while considering the needs of the parents, current providers, and future providers as the needs of the parents, current providers, and future providers relate to the care of the child. If a sibling group is moved from a placement together, the caseworker may develop a single plan for the sibling group, as long as the plan takes into account the individualized needs of each child. The plan, at a minimum, must include: A determination of pre-transition logistics to adequately prepare for the child's new placement; A plan for pre- and post-transition communications between individuals who have relevant information for the transition; A timeline to transition the child to a new placement; A plan to physically move the child to the new placement; and A framework for a caseworker's post-transition communications. The department of human services (state department), within existing resources, shall create a training on the importance of plans that is recorded and made available on a training system that can be accessed statewide. The training must focus on plans and individuals who have lived experience with placement transitions, including an emphasis on individuals who experienced placement transitions. Newly employed caseworkers must complete the training within the first year of employment as a caseworker. All caseworkers may complete this training every 3 years. A foster care, kinship foster care, or non-certified kinship care provider (provider) may complete the training and may receive support from the state department or the county department to improve the provider's skills in transitioning a child in the provider's care from one placement to another. The state department may adopt rules for purposes of the plans. (Note: This summary applies to this bill as enacted.)

No later than October 1, 2025, the act requires the department of human services (state department), in consultation with the works allocation committee, to: Develop a standardized process for each county to collect and report to the state department on a monthly basis certain information about the Colorado works program; Develop recommendations that include a menu of standardized outcome measures and required levels of evidence for third-party contracted services funded with Colorado's temporary assistance for needy families (TANF) allocation; and Submit a report to the joint budget committee (JBC) that includes a description of the standardized process and recommendations. Beginning January 1, 2026, and each January thereafter, the act requires the state department to submit a report to the JBC that includes the information collected and reported through the standardized process and the total dollar amount of Colorado's TANF allocation that is redistributed through the state budget or other programs and services and publish the information on a monthly basis on the state department's website in a publicly accessible format. No later than July 1, 2026, the act requires the state department to submit a report to the JBC that includes certain information related to the standard of need for eligibility for basic cash assistance. For the 2025-26 state fiscal year, the act appropriates $154,000 to the department of human services for use by the office of economic security to conduct the works program evaluation. (Note: This summary applies to this bill as enacted.)

Beginning on or before July 1, 2027, the act requires a county department of human or social services (county department) to determine whether a child or youth who is in foster care and who has a deceased parent (child or youth) may be eligible to receive survivor benefits administered by the United States railroad retirement board, social security administration, or veterans benefits administration (federal survivor benefits). The county department must make an initial eligibility determination within 90 days after assuming legal custody of or authority over the child or youth. Under current law, certain federal agencies appoint a representative payee or fiduciary (representative payee) to receive and manage federal benefits on behalf of a child or youth in foster care. If a child or youth may be eligible for federal survivor benefits and the county department is the most appropriate representative payee, the act requires the county department to apply for federal survivor benefits on behalf of the child or youth. If the county department determines that the child or youth may be eligible for federal survivor benefits but that the county department is not the most appropriate representative payee, the county department shall provide information to the prospective representative payee that the county department has identified about how to apply for federal survivor benefits on behalf of the child or youth and how to become the child's or youth's representative payee. Under current law, a county department serving as a representative payee may use federal benefits to offset the cost of providing basic care and services to a child or youth in foster care. The act prohibits this offset practice with respect to federal survivor benefits. Instead, the act directs a county department serving as a representative payee to establish an account for the federal survivor benefits (account). A county department serving as a representative payee must save money in the account for the needs of the individual child or youth. Once the child or youth leaves foster care, the county department is required to release funds in the account to the child or youth. The act sets forth various accounting and notice requirements related to federal survivor benefits and requires the department of human services (department), in consultation with interested stakeholders, to adopt rules providing guidance for county departments. The guidance extends to procedures for identifying a representative payee, county department responsibilities when federal survivor benefits are denied or when a child or youth leaves foster care, and policies governing the establishment and maintenance of an account for federal survivor benefit funds. The department must provide technical assistance to a county department about how to conserve federal survivor benefit funds in the best interests of an individual child or youth. (Note: This summary applies to this bill as enacted.)

Section 1 of the act allows a person to access a suppressed court record if that person affirms that they are accessing the record on behalf of the attorney general for the purpose of investigating any violation of state law that the attorney general may enforce. Section 2 clarifies that the attorney general has the power to initiate and bring civil and criminal actions to enforce certain state landlord-tenant laws and that these actions must be initiated and brought within existing appropriations. Sections 4 and 5 grant counties, cities and counties, and municipalities the power to initiate and bring civil actions to enforce certain state landlord-tenant laws. Sections 4 and 5 also create requirements related to a county, city and county, or municipality retaining a private attorney to initiate or bring these civil actions. Section 6 establishes a receivership mechanism that is available as a remedy for violations of applicable laws and regulations by the landlord of multifamily residential property. The attorney general, a county, a city and county, and a municipality may all apply to a district court for the appointment of a receiver to operate a multifamily residential property if there is reasonable cause to believe that the landlord has engaged in a pattern of neglect, as defined in the Act, in connection with the property. The act establishes the process for a district court appointing a receiver, including requiring a hearing and an order of appointment that specifies the duties of a receiver, and the criteria for qualifying as a receiver. No sooner than 90 days after the district court appoints a receiver, the landlord of the relevant property, a lessee of the entire relevant property, the attorney general, or a county, city and county, or municipality may submit an application to the district court to terminate the receivership. As with the appointing of a receiver, section 6 establishes the process by which a district court may terminate a receivership. (Note: This summary applies to this bill as enacted.)

The act exempts an assisted living residence that has not undergone new construction or major renovations from complying with the facility guideline institute guidelines. The department of health care policy and financing (state department) must establish a process for reviewing and updating the general billing manual on an annual basis and ensure that the general billing manual includes all necessary CPT codes or links to the state department's list of CPT codes. The act allows the Colorado healthcare affordability and sustainability enterprise to receive public funds. Beginning January 1, 2026, for claims that must be reprocessed as a result of updating the provider rates, the act requires a managed care organization to issue payment to a contracted provider within one year after the provider rate is updated. The state department must notify the managed care organizations of changes to the provider rates within 60 days of changing the provider rates. The act requires the state department to include in each new contract with, or renewal of a contract with, a managed care entity (MCE) a provision requiring the MCE to submit to the state department, on an annual basis, the amount the MCE is paid and the MCE's medical loss ratio. The state department is required to publish this information, as well as historical medical loss ratio data for each MCE, and publish on an annual basis audit findings regarding an MCE's most recently completed medical loss ratio audit on the state department's website. The act prohibits the state department from imposing signature requirements on a physician or practitioner certifying a medicaid member's (member) plan of care that involves physical therapy, occupational therapy, or speech therapy. The act requires that for members receiving home- and community-based services, if a service the member receives is discontinued or no longer a covered service, the state department must confirm the timeline for the continuity of treatment with the federal centers for medicare and medicaid during the transition period of the benefit or service being discontinued and must communicate that timeline to the member impacted by the benefit or service being discontinued. (Note: This summary applies to this bill as enacted.)

The act prevents a pharmacy benefit manager (PBM) from prohibiting a rural independent pharmacy from using a private courier or a delivery service to deliver a prescription drug to a patient. A PBM is required to reimburse a rural independent pharmacy for a prescription drug in an amount not less than the national average drug acquisition cost for the dispensed prescription drug ingredients, plus pay a dispensing fee. When a PBM conducts an audit of a rural independent pharmacy and the audit results in a recoupment of more than $1,000 or a penalty of more than $1,000, the PBM must: Electronically notify the rural independent pharmacy of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds; If the rural independent pharmacy does not respond to the electronic notification within 30 days after the electronic notification, again electronically notify the rural independent pharmacy of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds; and If the rural independent pharmacy does not respond to the second electronic notification within 30 days after the second electronic notification, serve process on the rural independent pharmacy notifying of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds. The act allows a rural independent pharmacy to operate without being under the direct charge of a pharmacist if the initial interpretation and final evaluation of the prescription is done by a state-licensed pharmacist in person or remotely. (Note: This summary applies to this bill as enacted.)