Rep. Emily Sirota

The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/sb23-016-bill-summary APPROVED by Governor May 11, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)

Pension Review Commission. The bill creates an income tax credit that is available for income tax years commencing on or after January 1, 2023, but prior to January 1, 2025, for a qualifying public service retiree, which means a full-time Colorado resident individual who is: 55 years of age or older at the end of the 2023 or 2024 income tax year; and A retiree of a Colorado public pension plan administered pursuant to the Colorado Revised Statutes or a retiree of a public pension plan administered by a local government of the state of Colorado.(Note: This summary applies to this bill as introduced.)

For purposes of complying with requirements of the "Federal Unemployment Tax Act", the act reduces employer premium rates by 10% across all rates in the standard premium rate schedule. Additionally, the act creates a schedule for the support surcharge rate (schedule), which is used to establish contributions to the employment support fund, the employment and training technology fund, and the benefit recovery fund. The new schedule uses the same methodology as is used in calculating an employer's percent of excess, which is the percentage resulting from the calculation of an employer's excess of premiums paid over benefits charged, divided by the average chargeable payroll. The act changes the cap on the amount of money in the employment support fund at the end of any state fiscal year from an amount calculated based on a portion of the employer premium plus $17 million to a total of $32.5 million for the next state fiscal year, which amount is adjusted annually based on changes in average weekly earnings. The act expands the authorized use of money in the Title XII repayment fund to allow the division of unemployment insurance (division) in the department of labor and employment to use the money for costs associated with bonds or notes issued by the division, including interest on the bonds or notes, to the extent permitted by federal law. The act eliminates the requirement for employers to submit premium reports to the division and instead requires employers to submit wage reports. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)

In a contract between a supplemental health-care staffing agency (staffing agency) and a health-care worker or health-care facility for the placement of a licensed or certified nursing professional, the act prohibits the staffing agency from requiring payment for liquidated damages, employment fees, or other compensation (contract compensation) to the staffing agency if the health care facility hires the health-care worker as a permanent employee prior to or after the termination of the contract with the staffing agency; except that the prohibition does not apply to contract compensation attributable to and chargeable for a 30-calendar-day period commencing when the health-care worker is first placed at the health-care facility. If a staffing agency unlawfully collects or attempts to collect contract compensation from a health-care worker or health-care facility, the health-care worker or health-care facility may bring a legal action for damages, a civil penalty not to exceed $5,000 per violation, and injunctive relief. The prevailing party is entitled to reasonable attorney fees. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)

The act requires the department of health care policy and financing (state department) review and determine if an exception to step therapy is granted if the prescribing provider submits a prior authorization request with justification and supporting clinical documentation for treatment of a serious or complex medical condition. The act requires the state department to provide a response to a prior authorization request for a step-therapy exception within 24 hours after receipt of the request. If a prior authorization request for a step-therapy exception is incomplete or if additional clinically relevant information is required, the act requires the state department to notify the prescribing provider within 24 hours after the submission of the request. If the state department does not receive a response within 72 hours after the state department's request for additional information, the prior authorization is denied. If the prior authorization request is denied, the act requires the state department to inform the recipient in writing that the recipient has a right to appeal the determination. The act requires the state department to authorize coverage for the prescription drug prescribed by the recipient's prescribing provider if the prior authorization request for a step-therapy exception request is granted. The act requires the state department to make the prior authorization requirements for coverage of prescription drugs and a description of the step-therapy exemption process available on the state department's website. The act appropriates $56,250 to the state department from the general fund. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)

The act establishes the office of the statewide behavioral health court liaison (office) as an independent agency within the judicial department to administer the statewide behavioral health court liaison program, which is known as the bridges program (program). The head of the office is the director. The office provides program services. The act establishes the bridges program commission (commission) to support the office. The commission appoints the director of the office, provides guidance to the office, provides fiscal oversight of the office's general operating budget, participates in program services funding decisions, and assists with the office's duties concerning program training and public outreach. The act clarifies the scope, requirements, and duties of the program, including requiring the program to inform county attorneys of available behavioral health services and connect participants to, and support engagement with, relevant services. The act clarifies the duties of the program's court liaisons, including: Addressing system gaps and barriers and promoting positive outcomes for program participants; Keeping judges, district attorneys, county attorneys, and defense attorneys informed about available community-based behavioral health services; and Providing consultation and training to criminal and juvenile justice personnel regarding behavioral health and community treatment options and program best practices. The office is required to annually report to the joint budget committee about the office's work and administration of the program. The act appropriates $5,181,020 from the general fund to the judicial department for use by the office and $100,453 from the general fund to the judicial department for legal services, which is reappropriated to the department of law to provide legal services to the judicial department. The act reduces the appropriation in the 2023 long bill to the judicial department for the program by $2,802,491. APPROVED by Governor April 27, 2023 EFFECTIVE April 27, 2023 NOTE: Certain sections of the act are contingent on whether or not Senate Bill 23-228 becomes law. Senate Bill 23-228 was signed by the governor April 20, 2023. (Note: This summary applies to this bill as enacted.)

The act allows money from the small communities water and wastewater grant fund to be used to match money provided by the federal government through the federal "Infrastructure Investment and Jobs Act" for certain clean water projects. APPROVED by Governor April 25, 2023 EFFECTIVE April 25, 2023 (Note: This summary applies to this bill as enacted.)

The act terminates the state's prepayment of insurance premiums for state employee coverage under the paid family and medical leave insurance program based on the state's advance payment of $57 million to the family and medical leave insurance fund from the revenue loss restoration cash fund in May 2022. The act terminates such prepayment at the end of fiscal year 2023-24 and requires the state treasurer to transfer $35 million back to the revenue loss restoration cash fund on or as soon as possible after the date on which the balance of the family and medical leave insurance fund reaches $100 million. The act further requires that, on or as soon as possible after the date the state controller publishes the comprehensive annual financial report of the state for fiscal year 2023-24, the state treasurer shall transfer any actual additional unexpended amount of the state's $57 million advance payment from the family and medical leave insurance fund to the revenue loss restoration cash fund. The act makes a conforming amendment to the statute in which the revenue loss restoration cash fund is created. APPROVED by Governor April 24, 2023 EFFECTIVE April 24, 2023 (Note: This summary applies to this bill as enacted.)

Current law authorizes the department of human services to establish and collect a fee for background checks for child abuse or neglect (background checks). That fee then is required to cover the direct and indirect costs of the background check and the direct and indirect costs of administering the appeals process and release of information for a person who is found to be responsible in a confirmed report of child abuse or neglect (appeals processes). The act eliminates the requirement that the fee for background checks cover the direct and indirect costs associated with the appeals processes. APPROVED by Governor April 20, 2023 EFFECTIVE April 20, 2023 (Note: This summary applies to this bill as enacted.)

The act removes the requirement that medicaid recipients pay a copayment for pharmacy and outpatient services. $1,886,150 is appropriated to the department of health care policy and financing (department), consisting of $1,439,499 from the general fund and $446,651 from the healthcare affordability and sustainability fee cash fund, for medical and long-term care services for medicaid-eligible individuals. It is anticipated that the department will receive $5,459,357 in federal funds to implement this act. APPROVED by Governor April 20, 2023 EFFECTIVE April 20, 2023 (Note: This summary applies to this bill as enacted.)