Current law sets forth emergency procedures to transport a person for a screening and to detain a person for a 72-hour treatment and evaluation if the person appears to have a mental health disorder, and as a result of the mental health disorder, appears to be an imminent danger to the person's self or others or appears to be gravely disabled. Current law also sets forth procedures to certify a person for short-term or long-term care and treatment if the person has a mental health disorder, and as a result of the mental health disorder, is a danger to the person's self or others or is gravely disabled. The act modifies these procedures by: Transferring duties of the executive director of the department of human services to the commissioner (commissioner) of the behavioral health administration (BHA); Limiting who can take a person into protective custody and transport the person to an outpatient mental health facility, a facility designated by the commissioner (designated facility), or an emergency medical services facility (EMS facility) if the person has probable cause to believe a person is experiencing a behavioral health crisis; Requiring the facility where the person is transported to require an application, in writing, stating the circumstances and specific facts under which the person's condition was called to the attention of a certified peace officer or intervening professional; Requiring an intervening professional to screen the person immediately or within 8 hours after the person's arrival at the facility to determine if the person meets the criteria for an emergency mental health hold; Establishing certain rights for a person being transported, which must be explained prior to transporting the person; Effective July 1, 2023: Subjecting a person who files a malicious or false petition for an evaluation of a respondent to criminal prosecution; Authorizing a certified peace officer to transport a person to an EMS facility even if a warrant has been issued for the person's arrest, if the certified peace officer believes it is in the best interest of the person; Authorizing an intervening professional or certified peace officer to initiate an emergency mental health hold at the time of screening the respondent; Authorizing a secure transportation provider to take a respondent into custody and transport the person to an EMS facility or designated facility for an emergency mental health hold; Expanding the list of professionals who may terminate the emergency mental health hold; Requiring the evaluation to be completed using a standardized form approved by the commissioner; Requiring an EMS facility to immediately notify the BHA if a person is evaluated and the evaluating professional determines that the person continues to meet the criteria for an emergency mental health hold and the facility cannot locate appropriate placement; Requiring the BHA to support the EMS facility in locating an appropriate placement option. If an appropriate placement option cannot be located, the act authorizes the EMS facility to place the person under a subsequent emergency mental health hold and requires the court to immediately appoint an attorney. Authorizing a designated facility to place the person under a subsequent emergency mental health hold if the person has been recently transferred from an EMS facility to the designated facility and the designated facility is unable to complete the evaluation before the initial emergency mental health hold is set to expire; and Requiring the facility to provide the person with discharge instructions; facilitate a follow-up appointment within 7 calendar days after discharge; attempt to follow up with the person 48 hours after discharge; and encourage the person to designate a family member, friend, or lay person to participate in the person's discharge planning. Effective January 1, 2024: Authorizing the BHA to delegate physical custody of the respondent to a designated facility; Requiring an extended certification to be filed with the court at least 30 days prior to the expiration of the original certification; Establishing requirements for a short-term or long-term certification on an outpatient basis; and Requiring the outpatient treatment provider, in collaboration with the BHA, to develop a treatment plan for the respondent and requiring the BHA to create a one-step grievance process for the respondent related to the respondent's treatment plan or provider. The act establishes a right to an attorney for a person certified for short-term or long-term care and treatment, regardless of income. The act establishes certain rights for a person transported or detained for an emergency mental health hold or certified on an outpatient basis. The act modifies current rights for a person certified for short-term or long-term care and treatment on an inpatient basis. Beginning January 1, 2025, the act requires the BHA to annually submit a report to the general assembly on the outcomes and effectiveness of the involuntary commitment system, disaggregated by region, including any recommendations to improve the system and outcomes for persons involuntarily committed or certified. The act appropriates $522,433 to the department of human services, $177,426 to the department of law, and $86,700 to the judicial department. (Note: This summary applies to this bill as enacted.)
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The act creates the "Infrastructure Investment and Jobs Act" cash fund (fund) and requires the state treasurer to transfer $80,250,000 to the fund. The money in the fund is subject to annual appropriation by the general assembly to the office of the governor (office) and to departments. Money in the fund is to be used, subject to approval by the governor, as the nonfederal matching funding necessary for the state or a local government to be eligible to receive federal approval and federal funds for certain categories of infrastructure projects allowed under the federal "Infrastructure Investment and Jobs Act". The office must establish a process for receiving, reviewing, and approving applications and awarding and distributing money from the fund. The office, as well as state departments receiving money from the fund, are subject to annual reporting requirements. $60 million is appropriated from the fund to the office and to a department, as defined in the act, for the 2021-22 state fiscal year, and any money appropriated and not expended prior to July 1, 2022, is further appropriated through the 2026-27 state fiscal year. (Note: This summary applies to this bill as enacted.)
In the capital financing context generally and as defined in section 2 of the act: A security token is a digital, liquid contract made verifiable and secure through the use of blockchain technology that establishes its holder's right to a fraction of a financial asset such as a stock, bond, or certificate of participation; and A security token offering is a capital financing method in which security tokens representing fractional interests in a financial asset are sold to investors in lieu of selling the actual financial asset to investors. Section 2 also requires the state treasurer to study the feasibility of using security token offerings for state capital financing and determine the extent to which the use of security token offerings of state capital financing would be in the best interest of the state. The state treasurer is required to complete the study and report the study findings to the finance committees and joint budget committee of the general assembly by March 1, 2023, and to post the study findings on the department of the treasury's website. If the state treasurer determines, after completing the feasibility study, that the use of security token offerings for state capital financing is in the best interest of the state, the state treasurer may recommend as part of the report that the general assembly enact legislation to authorize such use. Section 1 authorizes the state treasurer to spend up to $125,000 from the state public financing cash fund to fund the completion of the feasibility study. Section 3 broadens the definition of "eligible state facility" used for purposes of identifying the types of state-owned assets that may be used as collateral for state capital financing used to finance capital construction and transportation projects to include any financially unencumbered state-owned asset that is not part of the state emergency reserve. Section 4 makes an appropriation of $100,000 to the department of the treasury for implementation of the act, of which $70,000 is for use by the administration division for operating expenses and $30,000 is for the purchase of legal services. (Note: This summary applies to this bill as enacted.)
The act makes the following changes to health insurance coverage for low-income pregnant people and children in low-income families: Provides full health insurance coverage for Colorado pregnant people who would be eligible for medicaid and the children's basic health plan (CHIP) if not for their immigration status and continues that coverage for 12 months postpartum at the CHIP federal matching rate; Provides comprehensive health insurance coverage for all Colorado children who would be eligible for medicaid and CHIP if not for their immigration status; Requires the state department of health care policy and financing (department) to create an outreach and enrollment strategy for enrolling eligible groups into new coverage options; Requires the department to report to the joint budget committee in its 2024 presentation, as well as in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" reports, beginning in January 2026, information concerning the state-funded health and medical care program, the state children's basic health plan, and its plans and progress in implementing the coverage expansion for lawfully residing persons; Allows the state controller to allow the department to make an expenditure in excess of the amount authorized if the amount is for the state medical assistance program or the state children's basic health plan; Provides comprehensive lactation support services, lactation supplies and equipment, and maintenance of multi-use loaned equipment. Removes the annual enrollment fee for a family whose income is at or below one hundred fifty percent of the federal poverty line or an enrollee who is a pregnant person. Draws down federal funds to improve perinatal and postpartum support and requires that priorities for the funds be determined through a stakeholder process; Creates a special enrollment period for health insurance coverage due to pregnancy so that an eligible person can sign up for insurance as soon as the person becomes pregnant; and Improves the quality of health insurance coverage available through the health insurance affordability enterprise. For the 2022-23 state fiscal year, the following appropriations are made for the purpose of implementing this act: $730,573 is appropriated to the department of health care policy and financing from the general fund; $423,626 is appropriated to the department of public health and environment from the general fund for use by the center for health and environmental information; The 2022 long bill cash funds appropriation from the children's basic health plan trust for children's basic health plan medical and dental costs was decreased by $340,727; The 2022 long bill cash funds appropriation from the healthcare affordability and sustainability fee cash fund for children's basic health plan medical and dental costs was decreased by $564,678; The 2022 long bill appropriation to the department of health care policy and financing from the general fund for children's basic health plan medical and dental costs was increased by $144,229; and The 2022 long bill was adjusted as a result of an assumption by the general assembly that the department of health care policy and financing will receive $761,176 in federal funds for children's basic health plan medical and dental costs to implement this act.(Note: This summary applies to this bill as enacted.)
Current law requires the department of health care policy and financing (state department) to establish a schedule for a review of provider rates paid under medicaid so that each provider rate is reviewed at least every 5 years and to provide the schedule to the joint budget committee (JBC). Beginning July 1, 2023, the act requires the state department to establish a schedule so that each provider rate is reviewed at least every 3 years and to provide the schedule to the medicaid provider rate review advisory committee (advisory committee) in addition to the JBC. Current law authorizes the advisory committee or the JBC, by a majority vote, to direct the state department to conduct a review of a provider rate that is not scheduled for review during that year. Effective July 1, 2023, if the state department determines the request for an out-of-cycle review cannot be conducted, the act requires the state department to provide written notification to the advisory committee and the JBC within 30 days after the request is made stating the reasons the out-of-cycle request cannot be conducted. Effective July 1, 2023, the act requires the state department to conduct a public meeting at least quarterly to inform the state department's review of provider rates. Current law requires the advisory committee consist of 24 members. Effective December 1, 2022, the act decreases the advisory committee to 7 members and requires the members to have proven expertise related to medicaid in one or more specific areas. The advisory committee is currently scheduled to sunset September 1, 2025. The act moves the sunset to September 1, 2036. On or before December 1, 2023, and each December 1 thereafter, the act requires the advisory committee to present to the JBC an overview of the provider rate review process, a summary of the provider rates that were reviewed, and the strategies for responding to the findings of the provider rate review. (Note: This summary applies to this bill as enacted.)
The act allows a taxpayer who operates in a strategic industry disproportionately impacted by the COVID-19 pandemic and who experienced significant financial hardship due to the COVID-19 pandemic to apply to the economic development commission (commission) for a 5-year extension of the allowable carry-forward period for unused Colorado job growth incentive tax credits and unused enterprise zone tax credits that would otherwise expire between January 1, 2021, and December 31, 2025; except that the tax credit for contributions to enterprise zone administrators to implement economic development plans is not eligible for the 5-year carry-forward extension. The act requires the commission, in consultation with the office of economic development, to establish a process for accepting, reviewing, and approving one-time applications by taxpayers for the extended carry-forward period on a first come, first served, rolling basis subject to taxpayers meeting certain eligibility requirements, which, in the commission's discretion, may include additional economic development commitments to the state. The act caps the total amount of tax credits allowed to be carried forward in the extended period at zero dollars for the first 2 years in the 5-year period, $10 million for the third year, and $15 million per year for the fourth and fifth years. $18,412 is appropriated from the general fund for the 2022-23 state fiscal year to the office of the governor for use by economic development programs. (Note: This summary applies to this bill as enacted.)
The act requires the department of human services (DHS) and the department of health care policy and financing (HCPF), in consultation with county departments of human and social services (county departments), to develop a scope of work for a comprehensive assessment of the best practices related to the administration of public and medical assistance programs. The act requires DHS to enter into an agreement with a third party to conduct the comprehensive assessment, evaluate existing practices for the administration of public and medical assistance programs, and make recommendations related to administration of public and medical assistance programs and ongoing evaluation of the public and medical assistance program system. On or before July 1, 2023, DHS is required to submit the results of the comprehensive assessment to HCPF, county departments, and the joint budget committee. On or before November 1, 2023, DHS is required to submit a fiscal impact analysis of implementing the third party's recommendations to the joint budget committee. Following completion of the comprehensive assessment, and no later than January 1, 2024, DHS is required to enter into an agreement with an outside entity to develop a public and medical assistance programs funding model (funding model) to determine the amount of money necessary to fund county administration of certain public assistance programs overseen by DHS and HCPF. On or before November 1, 2024, DHS is required to deliver the results of the funding model for fiscal year 2025-26 to HCPF, county departments, and the joint budget committee. The act requires DHS to enter into an agreement with an outside entity to annually update and modify the funding model and requires DHS to submit the results of the funding model to HCPF, county departments, and the joint budget committee by November 1 of each year. Beginning with fiscal year 2025-26, the joint budget committee shall use the results of the funding model to inform its decisions regarding the amount of the appropriation to DHS and HCPF to fund county administration of public assistance programs. DHS and HCPF shall allocate money to counties for public assistance program administration in accordance with the results of the funding model. The act requires DHS and HCPF to submit an annual report to the joint budget committee on the funding model. The act appropriates $80,000 to HCPF for administration related to office of economic security - medicaid funding, of which $48,120 is from the general fund and $31,880 is from the healthcare affordability and sustainability fee cash fund. The act also appropriates $280,000 to DHS for administration, of which $120,000 is from the general fund and $160,000 is from reappropriated funds received from HCPF. (Note: This summary applies to this bill as enacted.)
Currently, there is a property tax deferral program (program) for the state to make a secured loan to a qualified taxpayer to pay property taxes owed for the taxpayer's homestead. The act shifts the administrative responsibilities for the program from county treasurers to the state treasurer. This includes requiring: A taxpayer to file a claim for deferral with the state treasurer; The state treasurer to supply the deferral forms; The state treasurer to issue the certificate of tax deferral and record the certificate with the appropriate county clerk and recorder free of charge; The county treasurer to refund any overpayment on an account that has been deferred to the person who paid the taxes; A taxpayer to tender repayment of the loan to the state treasurer; and The state treasurer to send a deferral notice to taxpayers who have previously deferred property taxes, which notice has been updated to reflect the state treasurer's administrative role. The state treasurer cannot be held personally liable for failure to provide notices relating to property in the program. In addition, the state treasurer is permitted to: Conduct a public education campaign about the program; Contract with a third party to administer the program on behalf of the state treasurer; and Promulgate rules for the administration of the program. The act also creates an exception to the requirement that a loan becomes payable for a taxpayer when a property is no longer the taxpayer's homestead or when the taxpayer's equity in the property is less than the amount of the deferral and accrued interest on the deferral if the property becomes uninhabitable and loses its value as a result of natural causes, and it permits the state treasurer to foreclose a deferred tax lien once taxes and accrued interest become delinquent, instead of requiring the foreclosure. (Note: This summary applies to this bill as enacted.)
The act provides funding for early stage work required for front range passenger rail corridor development by: Requiring the state treasurer to transfer $1,900,000 from the general fund to the southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance fund (fund) on June 15, 2022. This will cause the transferred money to be paid to the front range passenger rail district (district) when the unencumbered balance of the fund is paid to the district, as required by current law as technically amended by the act, before the fund is repealed on July 1, 2022. Transferring $6,500,000 from the general fund to the state highway fund on July 1, 2022, for the purpose of funding specified environmental assessment work required in connection with the development of the Burnham Yard rail property; and Transferring $500,000 from the general fund to the unused state-owned real property fund on July 1, 2022. The act also requires the executive director of the department of personnel to engage with governmental and affected community stakeholders to create a site plan to support transit-oriented development at the Burnham Yard rail property site and potential recommendations for how to suballocate parcels for various beneficial uses at the site. The executive director, in consultation with the governmental stakeholders, is also required to actively reach out to and listen to the opinions of affected community stakeholders and citizens regarding all stages of the development of the Burnham Yard rail property and identify any additional or already engaged stakeholders who may have an interest in developing the suballocated parcels for the best use. The site plan must consider various specified types of development opportunities and uses for the site, must promote the development and operation of quality public private partnership opportunities, must include a well-defined framework to facilitate collaboration between public and private entities in infrastructure development and operation, and must enable investment of public and private capital. (Note: This summary applies to this bill as enacted.)
The act modifies the manner in which limited gaming tax revenues are allocated between the limited gaming fund and the extended limited gaming fund (i.e., the portion of limited gaming tax revenues derived from increased hours of operation, expanded wagering, and additional games of chance) in order to more equitably address recovery in the years immediately following a significant decrease in the revenue by: Adjusting the allocation for the state fiscal year 2021-22 to accommodate the significant unanticipated post-pandemic increase in the limited gaming tax revenues; and Establishing a mechanism to temporarily modify the allocation in years following a significant decrease in the limited gaming tax revenues. The act modifies the distribution of the state share of the limited gaming tax revenues (state share) by: Resetting the base portion of the state share deposited in the local government limited gaming impact fund for the fiscal year 2021-22 to clarify the amount after a 2-year hiatus of this allocation; Providing total supplemental payments of $1.25 million to the local government limited gaming recipients; and Transferring $3 million to the newly created state historical society strategic initiatives fund, which is to be used by the state historical society for programs and activities that strengthen the state historical society's financial position and expand its impact on the people of the state. A working group is created to determine if there is data available to identify the extended limited gaming tax revenues and, if such data is available, to collect the data and compare it with the current allocation required by law. The working group is required to prepare a written report of its findings and submit the report to the joint budget committee no later than November 1, 2022. (Note: This summary applies to this bill as enacted.)