Sen. Bob Gardner

Estate planning documents - abandoned documents - preservation. The act creates the "Colorado Electronic Preservation of Abandoned Estate Planning Documents Act", which provides a procedure for determining whether an original will document (original document) is abandoned and, if so, the process for creating an electronic estate planning document (electronic document) of the abandoned original document, filing the electronic document with the state court administrator within the judicial department, and destruction of the original document. A will document includes, but is not limited to, wills, codicils, documents purporting to be wills, and other testamentary documents. The state court administrator is permitted to enter into an interagency agreement with another state agency to maintain electronic documents. The act establishes a process for the state court administrator to provide access to electronic documents and sets requirements for the storage and deletion of electronic documents. (Note: This summary applies to this bill as enacted.) Read More

Peace officers - certification revocation - appropriation. The peace officers standards and training board (P.O.S.T. board), which certifies peace officers, is required to revoke the certification of a peace officer if: The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace officer that the peace officer knowingly made an untruthful statement concerning a material fact or omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; The law enforcement agency certifies that it completed an administrative process, including any appeals process, defined by a published policy of the law enforcement agency and through that process, the law enforcement agency determined by a clear and convincing standard of the evidence that the officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; and The P.O.S.T. board notifies the officer that it has received the notification from the law enforcement agency and either the officer does not request a P.O.S.T. board hearing or the P.O.S.T. board has determined, after conducting a hearing requested by the officer, that the officer knowingly made the untruthful statement or omitted a material fact. The law enforcement agency official submitting the notification to the P.O.S.T. board must attest, under penalty of perjury or revocation of the official's P.O.S.T. board certification, that the statements on the submitted notification form are true, correct, and complete. A person whose P.O.S.T. certification is revoked may appeal the revocation in accordance with rules of the P.O.S.T. board and may seek judicial review pursuant to the "State Administrative Procedure Act". The act appropriates $40,056 to the department of law from the P.O.S.T board cash fund and 0.6 FTE for peace officers standards and training board support. (Note: This summary applies to this bill as enacted.) Read More

Competency to proceed - timing - services - reports - tracking system - placement guidelines - training - immunity - appropriations. When a defendant's competency to proceed is raised, the act: Changes the timing of various matters; Clarifies where restoration services are to be provided; Expands the requirements for a competency evaluation report; and Clarifies when defendants are to be released following an evaluation or restoration services. The act requires the department of human services to: Develop an electronic system to track the status of defendants for whom competency to proceed has been raised; Convene a group of experts to create a placement guideline for use in determining where restoration services should be provided; and Partner with an institution of higher education to develop and provide training in competency evaluations. On and after January 1, 2020, except for certain certified or certification-eligible evaluators, competency evaluators are required to have attended training. District attorneys, public defenders, and alternate defense counsel are also to receive training on competency to proceed. The act also provides that a competency evaluator is not liable for damages in any civil action for failure to warn or protect a specific person or persons against the violent behavior of a defendant being evaluated. The act appropriates $10,983,000 from the general fund to pay for fines, liquidated damages, costs, attorney fees, and special master compensation due to a consent decree agreed to by the state. It also appropriates additional money from the general fund and from reappropriated funds to the department of human services and the judicial department to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Office of legislative workplace relations - creation - duties - confidentiality - workplace harassment - executive sessions - exceptions to CORA - appropriation. The act creates the office of legislative workplace relations (office) within the office of legislative legal services and makes the records of that office exempt from public inspection. The office is charged with handling employee relations, including the handling of complaints under the workplace expectations and workplace harassment policies. Records of the office related to complaints, investigations, and other inquiries are exempted from the definition of public records and are not subject to public inspection; except that the office is required to release an annual statistical report of the numbers of complaints received and their resolution. In addition, if a workplace harassment committee finds that it is more likely than not that a legislator violated the policy, the committee must release the report unless it decides by a two-thirds vote not to do so. The act allows a state public body to meet in executive session to consider a matter related to the workplace harassment or workplace expectations policies of the general assembly. The act clarifies that all Colorado Open Records Act (CORA) custodians are required to deny a request to inspect records that are created or provided by the office and that relate to complaints, investigations, inquiries, or requests related to workplace harassment or conduct under the general assembly's policies. A disclosure of an intimate relationship filed in accordance with a policy of the general assembly is part of an individual's personnel file, and therefore not subject to public inspection under CORA. For the 2019-20 state fiscal year, the act appropriates $221,925 from the general fund to the legislative department for the new office. (Note: This summary applies to this bill as enacted.) Read More

Peace officers - peace officers mental health support grant program - eligible applicants - use of grant money - reports required. Under current law, only county sheriffs' offices and municipal police departments may apply for a grant from the peace officers mental health support grant program (program). The act opens the program to additional "eligible applicants", which include other types of law enforcement agencies, a statewide association of police officers and former police officers, and organizations that provide services and programs that promote the mental health wellness of peace officers. The act also specifies new permissible uses of grant money and requires grant recipients to report to the department of local affairs concerning their use of grant money.(Note: This summary applies to this bill as enacted.) Read More

Behavioral, mental health, and substance use disorders - parity in coverage - private insurance - medicaid - coverage of medication-assisted treatment - parity reporting requirements - compliance with federal law - complaints from ombudsman for behavioral health access to care - rules - appropriation. The act enacts the "Behavioral Health Care Coverage Modernization Act" to address issues related to coverage of behavioral, mental health, and substance use disorder services under private health insurance and the state medical assistance program (medicaid). With regard to health insurance, the act: Specifies that mandatory insurance coverage for behavioral, mental health, and substance use disorders includes coverage for the prevention of, screening for, and treatment of those disorders and must comply with the federal "Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008" (MHPAEA) (section 3 of the act); Requires services for behavioral, mental health, and substance use disorders to continue while a claim for coverage of those services is under review until the carrier notifies the covered person of the determination on the claim (section 3); Requires carriers to comply with treatment limitation requirements specified in federal regulations and precludes carriers from applying nonquantitative treatment limitations to behavioral, mental health, and substance use disorder services that do not apply to medical and surgical benefits (section 3); Requires carriers to establish procedures to authorize treatment by nonparticipating providers when a participating provider is not available under network adequacy requirements and to reimburse treatment or services for behavioral, mental health, or substance use disorders obtained from a nonparticipating provider because the covered service was not available within established time and distance standards using the same methodology the carrier uses to reimburse covered medical services provided by nonparticipating providers (section 3); Requires the commissioner of insurance (commissioner) to adopt rules to establish reasonable time periods for visits with a provider for treatment of a behavioral, mental health, or substance use disorder after an initial visit with a provider (section 3); Modifies the definition of "behavioral, mental health, and substance use disorder" to include diagnostic categories listed in the mental disorders section of the International Statistical Classification of Diseases and Related Health Problems, the Diagnostic and Statistical Manual of Mental Disorders, or the Diagnostic Classification of Mental Health and Developmental Disorders of Infancy and Early Childhood (section 3); Updates the required coverage related to alcohol use and behavioral health screenings to reflect the current requirements of that coverage as specified in recommendations of the United States preventive services task force (section 3); Requires the commissioner to disapprove a carrier's requested rate increase for failure to demonstrate compliance with the MHPAEA in accordance with rules adopted by the commissioner (section 5); For purposes of denials of reimbursement for behavioral, mental health, or substance use disorder services, other than denials based on nonpayment of premiums, requires carriers to include specified information about the protections included in the MHPAEA, how to contact the division of insurance or the office of the ombudsman for behavioral health access to care (office) related to possible violations of the MHPAEA, and the right to request medical necessity criteria from the carrier free of charge (section 6); For health benefit plans issued or renewed on or after January 1, 2020, requires carriers that provide coverage for an annual physical examination as a preventive health care service to also cover and reimburse for behavioral health screenings using a validated screening tool for behavioral health to the same extent the physical examination is covered (section 8); Requires carriers to submit an annual parity report to the commissioner and requires the commissioner to examine complaints received from the office regarding compliance with the requirements of the act or the MHPAEA upon the request of the office (section 9); Starting January 1, 2020, for a carrier that provides prescription drug benefits for the treatment of substance use disorders, with regard to prescription medications that are on the carrier's formulary, requires the carrier to provide coverage of any FDA-approved prescription medication for treating substance use disorders without prior authorization or step therapy requirements and to place at least one covered substance use disorder prescription medication on the lowest tier of the drug formulary, and precludes those carriers from excluding coverage for those medications and related services solely on the grounds that they were court ordered (section 10); and Requires the commissioner to provide a report by December 1, 2022, to specified legislative committees regarding the effects of the act on premiums (section 10). With regard to medicaid, the act: Requires the department of health care policy and financing (department) to ensure that medicaid covers behavioral, mental health, and substance use disorder services to the extent that medicaid covers a physical illness and complies with the MHPAEA (section 11); Requires the medical services board (state board) to establish a procedure, by rule, to allow for reimbursements of medically necessary state plan behavioral, mental health, or substance use services under medicaid when a managed care entity (MCE) denies coverage of the service based on diagnosis (section 11); Requires the statewide system of community behavioral health care in the managed care system to require MCEs to provide an adequate network of providers of behavioral, mental health, and substance use disorder services and to cover all medically necessary covered treatments for covered behavioral health diagnoses, regardless of any co-occurring conditions (section 12); Requires the department to include utilization management guidelines for the MCEs in state board managed care rules and to provide information on its website specifying how the public may request the network adequacy plans and quarterly network reports for an MCE (section 12); Requires the department to examine complaints received from the office regarding compliance with the requirements of the act or the MHPAEA upon the request of the office (section 12); Requires MCEs to include specified statements regarding the applicability of the MHPAEA to the managed care system in medicaid and how to contact the office regarding possible violations of the MHPAEA (section 14); Requires the department to submit an annual parity report to specified legislative committees and to contract with an external quality review organization annually to monitor MCEs' utilization management programs and policies to ensure compliance with the MHPAEA (section 15); and Starting January 1, 2020, requires an MCE that provides prescription drug benefits for the treatment of substance use disorders to provide coverage of any FDA-approved prescription medication for treating substance use disorders without prior authorization or step therapy requirements and precludes those MCEs from excluding coverage for those medications and related services solely on the grounds that they were court ordered (section 15). The act appropriates $167,000 to the department of health care policy and financing and $88,248 to the department of regulatory agencies to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Wraparound services - child and youth behavioral health delivery system pilot program - standardized screening tools - single statewide referral and entry point - children and youth at risk of out-of-home placement or in an out-of-home placement - appropriation. No later than July 1, 2020, the department of health care policy and financing shall seek federal authorization to provide wraparound services for eligible children and youth who are at risk of out-of-home placement or in an out-of-home placement. Upon federal authorization, the department of health care policy and financing shall require managed care entities to implement wraparound services, which may be contracted out to a third party. The act requires the department of health care policy and financing, in conjunction with the department of human services, to develop and implement wraparound services for children and youth at risk of out-of-home placement or in an out-of-home placement. The act requires wraparound services to be covered under medicaid. Upon implementation of the wraparound services, the department of health care policy and financing and the department of human services shall monitor and report the annual cost savings associated with eligible children and youth receiving wraparound services to the public through the annual "SMART Act" hearing. No later than July 1, 2020, the department of health care policy and financing is required to design and recommend a child and youth behavioral health delivery system pilot program that addresses the challenges of fragmentation and duplication of behavioral health services. The act requires the executive director of the department of human services to appoint two full-time staff persons to support and facilitate interagency coordination for the development and implementation of wraparound services. No later than July 1, 2020, the department of human services is required to select a single standardized assessment tool to facilitate identification of behavioral health issues and develop a plan to implement the tool for programmatic utilization. The act also requires the department of human services to select developmentally appropriate and culturally competent statewide behavioral health standardized screening tools for primary care providers, which may be made available electronically for health care professionals. The department of public health and environment shall ensure adequate statewide training on the standardized screening tools for primary care providers and other interested health care professionals who care for children. No later than July 1, 2020, the department of human services, in conjunction with the department of health care policy and financing and the department of public health and environment, is required to develop a plan for establishing a single statewide referral and entry point for children and youth who have a positive behavioral health screening or whose needs are identified through a standardized assessment. The act makes multiple appropriations to the department of health care policy and financing and the department of human services. (Note: This summary applies to this bill as enacted.) Read More

Maternal mortality review committee - creation - appointments - duties - sunset review - appropriation. The act creates the Colorado maternal mortality review committee (committee), which is required to review maternal deaths, identify the causes of maternal mortality, and develop recommendations to address preventable maternal deaths, including legislation, policies, rules, and best practices that will support the health and safety of the pregnant and postpartum population in Colorado and prevent maternal deaths. The executive director of the department of public health and environment (department) is directed to appoint at least 11 members to serve on the committee. The act requires certain health care providers and law enforcement officials to provide medical records to the department concerning each maternal death for access by the members of the committee. The records, notes, information, and activities of the committee are confidential. The committee is repealed, effective September 1, 2029, and is subject to sunset review by the department of regulatory agencies prior to its repeal. $145,167 is appropriated to the department for implementation of the act. (Note: This summary applies to this bill as enacted.) Read More

Health insurance - out-of-network health care services - disclosures - claims - reimbursement rates - deceptive trade practice - rules - appropriation. The act: Requires health insurance carriers, health care providers, and health care facilities to provide patients covered by health benefit plans with information concerning the provision of services by out-of-network providers and in-network and out-of-network facilities; Outlines the disclosure requirements and the claims and payment process for the provision of out-of-network services; Requires the commissioner of insurance, the state board of health, and the director of the division of professions and occupations in the department of regulatory agencies to promulgate rules that specify the requirements for disclosures to consumers, including the timing, the format, and the contents and language in the disclosures; Establishes the reimbursement amount for out-of-network providers that provide health care services to covered persons at an in-network facility and for out-of-network providers or facilities that provide emergency services to covered persons; and Creates a penalty for failure to comply with the payment requirements for out-of-network health care services. The act appropriates $33,884 from the general fund to the department of public health and environment and $63,924 from the division of insurance cash fund to the division of insurance to implement the act. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More

Continuation of 2018 rules of executive agencies - exceptions listed. Based on the findings and recommendations of the committee on legal services, the act extends all state agency rules that were adopted or amended on or after November 1, 2017, and before November 1, 2018, with the exception of the rules specifically listed in the act. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2019, on the grounds that the rules either conflict with statute or lack or exceed statutory authority.(Note: This summary applies to this bill as enacted.) Read More