The act extends the time in which debtors experiencing financial hardship due to the COVID-19 emergency may have extraordinary debt collection actions suspended. Existing law required a judgment creditor (creditor) to provide a notice to a judgment debtor (debtor) before instituting an extraordinary debt collection action, which includes an action in the nature of a garnishment, attachment, levy, or execution to collect or enforce a judgment. The debtor may suspend the collection action by notifying the creditor that the debtor is experiencing financial hardship due to COVID-19. The obligation to provide notice and the suspension of the collection action were effective through February 1, 2021. The act extends the effective period for the notice and the suspension to June 1, 2021. If a collection action has already been suspended by the debtor, the suspension is now effective through June 1, 2021.In addition, under existing law, up to $4,000 cumulative in a depository account or accounts in a debtor's name is exempt from levy and sale under a writ of attachment or execution through February 1, 2021. The act extends that date to June 1, 2021.(Note: This summary applies to this bill as enacted.)
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The bill provides funding as follows to support entities impacted by capacity restrictions imposed to address the COVID-19 pandemic: $37 million for direct relief payments to small businesses located in a county that is subject to, and in compliance with, severe capacity restrictions pursuant to a public health order, with payments allocated to the counties for distribution to eligible small businesses, which businesses include restaurants, bars, movie theaters, and fitness and recreational sports centers; $7.5 million for direct relief payments to eligible arts, culture, and entertainment artists, crew members, and organizations, with payments allocated by the creative industries division in the Colorado office of economic development; $6,775,000 $6,780,000 to the department of public health and environment to enable the department to contract with county or district boards of health to provide state funding in lieu of those local government agencies charging annual licensing fees to certain retail food establishments; $1.8 million $1,891,775 to the department of revenue to offset the department's waiver of certain liquor license fees; and $4 million for use by the minority business office in the Colorado office of economic development to provide direct relief payments, grants and loans, and technical assistance and consulting support to minority-owned businesses. (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 adds discrimination based on source of income as a type of unfair housing practice. "Source of income" is defined to include any source of money paid directly, indirectly, or on behalf of a person, including income from any lawful profession or from any government or private assistance, grant, or loan program. A person is prohibited from refusing to rent, lease, show for rent or lease, or transmit an offer to rent or lease housing based on a person's source of income. In addition, a person cannot discriminate in the terms or conditions of a rental agreement against another person based on source of income, or based upon the person's participation in a 3rd-party contract required as a condition of receiving public housing assistance. A person cannot include in any advertisement for the rent or lease of housing any limitation or preference based on source of income, or to use representations related to a person's source of income to induce another person to rent or lease property. The restrictions do not apply to a landlord with 3 or fewer rental units. A landlord who owns 5 or fewer single family rental homes, and no more than 5 total rental units including any single family rental homes, is not required to accept federal housing choice vouchers for the single family homes. A landlord is not prohibited from checking the credit of prospective tenant. Checking the credit of a prospective tenant is not an unfair housing practice if the landlord checks the credit of every prospective tenant. (Note: This summary applies to this bill as enacted.)
The act: Requires a carrier that provides coverage for opiate antagonists to reimburse a hospital if the hospital provides a covered person with an opiate antagonist upon discharge; Requires a pharmacist who dispenses a prescription for an opioid to notify the individual to whom the opioid is being dispensed about the availability of an opiate antagonist; Allows a pharmacist or pharmacy technician to sell a nonprescription syringe or needle to any person and exempts pharmacists and pharmacy technicians who sell nonprescription syringes or needles from the drug paraphernalia criminal statutes; Extends civil and criminal immunity for a person who acts in good faith to furnish or administer an opiate antagonist to an individual the person believes to be suffering an opiate-related drug overdose when the opiate antagonist was expired; and Allows a nonprofit organization to operate a clean syringe exchange program without local board of health approval and requires the nonprofit organization to annually report specified information to the department of public health and environment.(Note: This summary applies to this bill as enacted.)
Sections 1, 2, 3, and 4 of the act allow the department of corrections, local jails, multijurisdictional jails, municipal jails, and state department of human services facilities (institutions) to make opioid agonists and opioid antagonists available to a person in custody with an opioid use disorder. The institutions are strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration or commitment. Qualified medication administration personnel may administer opioid agonists and opioid antagonists. The facilities may contract with community-based health providers for the administration of opioid agonists and opioid antagonists. Section 5 of the act allows a person to dispose of any controlled substances at a safe station, if safe station personnel are available, and request assistance in gaining access to treatment for a substance use disorder. A "safe station" is defined as any municipal police station; county sheriff's office; or municipal, county, or fire protection district fire station. Safe station personnel shall provide the person with information about the behavioral health crisis response system. Sections 6 and 7 of the act require the department of corrections and jails to ensure that continuity of care is provided to inmates prior to release, which includes post-release resources and a list of available substance use providers. County jails are required to provide medicaid reenrollment paperwork to a person when the person enters the county jail and file the paperwork with the county department of health and human services upon releasing the person from the county jail's custody. Section 8 of the act requires the executive director of the department of corrections, in consultation with the offices of behavioral health and economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers to develop resources for inmates post-release that provide information to help prepare inmates for release and reintegration into their communities. Section 9 of the act requires a court, when reviewing a petition to seal criminal records, to consider favorably, when applicable, the fact that the petitioner has entered into or successfully completed a licensed substance use disorder treatment program, in determining whether to issue the order. Sections 10, 11, and 12 of the act allow the office of behavioral health (OBH) in the department of human services (CDHS) to contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. OBH may require diversion programs to participate as a mobile crisis service. CDHS shall include an update regarding the current status of funding and implementation of the criminal justice diversion programs in its annual SMART Act presentation. (Note: This summary applies to this bill as enacted.)
With regard to coverage under a health benefit plan for HIV infection prevention medications, the act: Prevents a health insurance carrier from requiring a covered person to undergo step therapy or to receive prior authorization before receiving HIV infection prevention drugs prescribed and dispensed by a pharmacist; and Requires carriers to reimburse a pharmacist employed at an in-network pharmacy for prescribing HIV infection prevention drugs to a covered person and to provide an adequate consultative fee to those pharmacists. Additionally, the act: Allows a pharmacist to prescribe and dispense HIV infection prevention drugs pursuant to a standing order or a statewide protocol if the pharmacist fulfills specific requirements; Directs the department of public health and environment to develop and implement a standing order for pharmacists to prescribe post-exposure HIV infection prevention drugs; Directs the state board of pharmacy, the Colorado medical board, and the state board of nursing, in collaboration with the department of public health and environment, to develop statewide drug therapy protocols for pharmacists to prescribe and dispense HIV infection prevention drugs and the state board of pharmacy to promulgate rules to implement the protocols; and Expands the definition of "practice of pharmacy" to include the prescribing and dispensing of HIV infection prevention drugs and the ordering of laboratory tests in conjunction with prescribing or dispensing the drugs. $13,347 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.)
The act prohibits a principal, which includes an employer, certain labor contractors, public employers, and entities that contract with 5 or more independent contractors, from discriminating, retaliating, or taking adverse action against any worker who: In good faith, raises any concern about workplace health and safety practices or hazards related to a public health emergency to the principal, the principal's agent, other workers, a government agency, or the public if the workplace health and safety practices fail to meet guidelines established by a federal, state, or local public health agency with jurisdiction over the workplace; Voluntarily wears at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves, under specified circumstances; or Opposes a practice the worker reasonably believes is unlawful or makes a charge, testifies, assists, or participates in an investigation, proceeding, or hearing of alleged unlawful acts. Additionally, a principal is prohibited from requiring or attempting to require a worker to sign a contract or other agreement that limits or prevents the worker from disclosing information about workplace health and safety practices or hazards related to a public health emergency. A worker who knowingly discloses false information or discloses information with reckless disregard for the truth or falsity of the information is not protected under the act. A person may seek relief by: Filing a complaint with the division of labor standards and statistics (division) in the department of labor and employment; Bringing an action in district court, after exhausting administrative remedies; or Bringing a whistleblower action in the name of the state in district court, after exhausting administrative remedies. The division is authorized to adopt rules necessary to implement the act. $270,153 is appropriated to the department of labor and employment from the employment support fund, of which $206,193 is allocated for use by the division for enforcement of worker's rights related to a public health emergency, based on the assumption that the division will require an additional 2.5 FTE, and $63,960 is reappropriated to the department of law for legal services. (Note: This summary applies to this bill as enacted.)
The act requires a health benefit plan, beginning January 1, 2022, to provide coverage for nonpharmacological treatment as an alternative to opioids. The required coverage must include, at a cost-sharing amount not to exceed the cost-sharing amount for a primary care visit for nonpreventive services and without a prior authorization requirement, at least 6 physical therapy visits, 6 occupational therapy visits,6 chiropractic visits, and 6 acupuncture visits per year. The act requires an insurance carrier (carrier) that provides prescription drug benefits to provide coverage, beginning January 1, 2022, for at least one atypical opioid that is approved by the federal food and drug administration (FDA) for the treatment of acute or chronic pain at the lowest cost-sharing tier of the carrier's formulary with no requirement for step therapy or prior authorization and to not require step therapy for any additional FDA-approved atypical opioids. The act precludes a carrier that has a contract with a physical therapist, occupational therapist, or acupuncturist from: Prohibiting the physical therapist, occupational therapist, or acupuncturist from, or penalizing the physical therapist, occupational therapist, or acupuncturist for, providing a covered person information on the amount of the covered person's financial responsibility for the covered person's physical therapy, occupational therapy, or acupuncture services; or Requiring the physical therapist, occupational therapist, or acupuncturist to charge or collect a copayment from a covered person that exceeds the total charges submitted by the physical therapist, occupational therapist, or acupuncturist. The commissioner of insurance is required to take action against a carrier that the commissioner determines is not complying with these prohibitions. The act requires the executive director of the department of regulatory agencies to promulgate rules that limit the supply of a benzodiazepine that a prescriber may prescribe to patient who has not had a prescription for benzodiazepine in the last 12 months. Current law limits an opioid prescriber from prescribing more than a 7-day supply of an opioid to a patient who has not had an opioid prescription within the previous 12 months unless certain conditions apply, and this prescribing limitation is set to repeal on September 1, 2021. The act continues the prescribing limitation indefinitely. The act requires the Colorado medical board (board) to consult with the center for research into substance use disorder prevention, treatment, and recovery support strategies to promulgate rules establishing competency-based continuing education requirements for physicians and physician assistants concerning prescribing practices for opioids. With regard to the prescription drug monitoring program (program), the act: Modifies requirements for adding prescription information to the program; (program) Prohibits the state board of pharmacy from charging practitioners or pharmacists a fee for registering or maintaining an account with the program; Continues indefinitely the requirement that a health care provider query the program before prescribing a second fill for an opioid; Requires each health care provider to query the program before prescribing a second fill for a benzodiazepine, unless certain exceptions apply; Requires the board to promulgate rules designating additional controlled substances and other prescription drugs to be tracked by the program; and In addition to current law allowing medical examiners and coroners to query the program when conducting an autopsy, allows medical examiners and coroners to query the program when conducting a death investigation. The act appropriates $18,540 from the division of professions and occupations cash fund to the department of regulatory agencies to implement the act, with $2,550 allocated to the Colorado medical board and $15,990 reappropriated to the department of law to provide legal services to the department of regulatory agencies. (Note: This summary applies to this bill as enacted.)
The act: Continues the opioid and other substance use disorders study committee (committee) for an additional 4 years, meeting every other year beginning in 2021; In addition to the existing areas of study, for the 2021 interim, requires the committee to study the relationship between mental health conditions and substance use disorders and the effect of COVID-19 on substance use disorders; Requires the state substance abuse trend and response task force to convene stakeholders for the purpose of generating policy recommendations related to opioid and other substance use disorders and reviewing progress on bills introduced by the committee and passed by the general assembly; Modifies how child abuse, neglect, or dependency is determined in situations involving alcohol or substance exposure; and Authorizes the statewide perinatal substance use data linkage project to conduct ongoing research related to the incidence of perinatal substance exposure or related infant and family health and human service outcomes based on the new standards for determining child abuse, neglect, or dependency when alcohol or substance exposure is involved. $74,620 is appropriated from the general fund to the department of human services and reappropriated to the department of law to purchase legal services. The appropriation to the office of the governor, for use by the office of information technology for applications administration, is reduced by $74,620. (Note: This summary applies to this bill as enacted.)
The act prohibits a judgment creditor from initiating a new extraordinary collection action from the effective date of the act through November 1, 2020, except in accordance with the requirements of the act. An extraordinary collection action is defined as an action in the nature of a garnishment, attachment, levy, or execution to collect or enforce a judgment on a debt as defined under the "Colorado Fair Debt Collection Practices Act" (FDCPA). Before initiating an extraordinary collection action, the judgment creditor must send a notice to the judgment debtor explaining that the judgment debtor can temporarily suspend the extraordinary collection action if the debtor is facing financial hardship as a result of the COVID-19 emergency. To exercise this right, the debtor is required to notify the judgment creditor that the debtor is experiencing hardship as a result of the crisis. The judgment debtor is not required to provide additional documentation to the judgment creditor. The use of an extraordinary collection action during the period of the prohibition constitutes an unfair and unconscionable means of collecting a debt under the FDCPA. The administrator of the "Uniform Consumer Credit Code" (administrator) is authorized to issue an order extending the prohibition through February 1, 2021, if the administrator finds that the extension is necessary to preserve the resources of state and local agencies or to protect the residents of Colorado from economic hardship as a result of the disaster emergency caused by COVID-19. From June 29, 2020, through February 1, 2021, up to $4,000 cumulative in a depository account or accounts in the debtor's name is exempt from levy and sale under a writ of attachment or execution. An attempt to collect amounts in excess of what is permitted under statutes limiting garnishment, attachment, and execution is an unfair or unconscionable debt collection practice for purposes of the FDCPA. (Note: This summary applies to this bill as enacted.)