The bill requires a freestanding emergency department (FSED), whether operated by a hospital at a separate, off-campus location or operating independently of a hospital system, to provide any individual that enters the FSED seeking treatment a written statement of patient information, which an FSED staff member or health care provider must explain orally and which must indicate that: The facility is an emergency medical facility that treats emergency medical conditions; For FSEDs that do not include an urgent care clinic on site, the facility is not an urgent care center or primary care provider; For FSEDs that includes an urgent care clinic on site, the facility contains an urgent care center and operates at specified hours; The FSED will screen and treat the individual regardless of ability to pay; The individual has a right to ask questions about treatment options and costs and to receive prompt and reasonable responses; The individual has a right to reject treatment; The FSED encourages the individual to defer questions until after being screened for an emergency medical condition; and The facility will provide the patient a more comprehensive statement of patient's rights after initial screening or treatment, as applicable. The state board of health is authorized to update the patient information statement contents, by rule, as necessary. Additionally, an FSED must post a sign that states 'This is an emergency medical facility that treats emergency medical conditions.' The sign must also indicate whether the facility contains an urgent care clinic. After conducting an initial screening and determining that a patient does not have an emergency medical condition or after treatment has been provided to stabilize an emergency medical condition, the FSED must provide the patient a written disclosure that: Specifies whether the facility accepts patients enrolled in medicaid, medicare, the children's basic health plan, or TRICARE; Lists the particular health insurance provider networks and carriers with which the FSED participates or states that the FSED is not a participating provider in any provider networks; Specifies the price listed on the FSED's chargemaster or other fee schedule for the 25 most common health care services it provides; Contains the price listed on the FSED's chargemaster or other fee schedule for the facility fees associated with the 25 most common health care services the FSED provides; Contains a statement specifying that the price listed on the chargemaster or fee schedule for any given health care service is the maximum charge that any patient will be billed and that the actual charge for a health care service may be lower based on health insurance benefits and the availability of discounts and financial assistance; Contains a statement urging a person covered by health insurance to contact his or her health insurer for information about his or her financial responsibility and a person who is uninsured to contact the FSED's financial services office to discuss payment options and the availability of financial assistance prior to receiving health care services; Contains information about the facility fees that the FSED charges; and Includes the FSED's website address where the disclosure may be located. The FSED must also post the information in the written disclosure on its website and update the written and web-based disclosure at least once every 6 months. Additionally, the FSED must provide all information in a clear and understandable manner and in languages appropriate to the communities and patients it serves. The state board of health is authorized to adopt rules to implement and enforce the requirements of the bill. $34,725 is appropriated from the health facilities general licensure cash fund to the health facilities and emergency medical services division in the department of public health and environment for administration and operations. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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Current law requires county and municipal authorities (authorities) to conduct a traffic investigation or survey before increasing or decreasing the speed limits within the authority's jurisdiction. The bill allows the authority to also consider the following factors: Road characteristics; Current and future development; Environmental factors; Parking practices; Pedestrian and bicycle activity in the vicinity; and Crash statistics from the most recent year.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill establishes legislation to further protect minors who are victims of human trafficking of a minor for involuntary servitude and human trafficking of a minor for sexual servitude (minor who is a victim of human trafficking). The term 'sexually exploited minor' is clarified to include a person less than 18 years of age who has been a victim of human trafficking or has engaged in certain prostitution-related activities. A statutory presumption is established that any person who is less than 18 years of age who engages in conduct that would constitute prostitution if such person were an adult is presumed to be a minor who is a victim of human trafficking, and must be referred to the appropriate county department of human or social services for care and services. The bill makes conforming amendments. (Note: This summary applies to this bill as introduced.) , Read More
The bill establishes the task force concerning youth who are experiencing homelessness (task force) to study and make recommendations on issues related to the issue of youth experiencing homelessness in Colorado. The membership of the task force is set forth, as well as reporting requirements and a repeal date. The bill makes conforming amendments to correct citations to an earlier relocation of the office of homeless youth services to the department of local affairs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The department is required to study and address gaps in suicide prevention issues and to collaborate with other offices and the community to evaluate best practices for suicide prevention and intervention and opioid abuse issues. The department is required to report findings to the general assembly. The bill requires the department of public health and environment (department) to work with Colorado hospitals to evaluate the Colorado suicide prevention plan. The department is also required to develop a health authorization release form to improve communication between behavioral health professionals regarding the person giving consent. A health care facility is required to have a plan for individuals transitioning from inpatient to outpatient care. (Note: This summary applies to this bill as introduced.) , Read More
On solely a one-time basis within the state, the bill requires a state district court to waive all statutory requirements specified for the approval of a municipal incorporation that are not otherwise met by a petitioner if the petitioner files a request for such waiver with a state district court in accordance with the bill. The bill defines 'petitioner' to mean a natural person or entity that seeks state district court approval of a pilot project in accordance with the bill and defines 'pilot project' to mean a one-time project for approval by a state district court of a municipal incorporation to facilitate the creation of a model for a sustainable community with significant affordable housing. The petitioner commences the process for acquiring a waiver by filing an application with an appropriate state district court. The application must be supported by the formal endorsement in writing of any 2 of the following 3 individuals in office as of the time the application is submitted to the district court: The governor of the state; The president of the state senate; or The speaker of the state house of representatives. This formal endorsement must include a statement from the applicable elected official on his or her official letterhead as to why he or she believes approval of the pilot project is a model for sustainability and affordable housing while also being in the best interests of the people of the state. Once a single waiver has been granted by a state district court under the bill, no additional waivers may be granted for any land area in the state under the bill unless the waiver has been approved by the general assembly by bill including the signature of the governor in accordance with all regular legal procedures and additionally by each of the 3 elected officials in accordance with the requirements of the bill. A petitioner's request for a waiver must be filed with the district court not later than July 31, 2018. Any request for a waiver that is not filed by July 31, 2018, is of no legal force and effect. If the petitioner satisfies all requirements, the district court is required to enter an order finding that the pilot project meets all of the applicable requirements, issuing the requested waiver, and approving the pilot project that is effective as of the date of the order. Upon the entry by a district court of an order issuing the requested waiver and approving the pilot project, the pilot project is designated a town and as of that date possesses all of the rights, powers, and duties delegated to or imposed upon the towns of this state as provided by law, including powers relating to land use, zoning, and related matters. The territorial boundaries of the town are coterminous with the land area of the pilot project as specified in the waiver application. Not less than 90 days after entry of the order, one or more owners of real property located within the territorial boundaries of the town, acting singularly or in combination, as applicable, are required to appoint 5 individuals to serve as the members of a town commission. The commission serves as the governing body of the town, and possesses all of the powers and duties possessed under law by a town council, until such time as the town elects a town council and other elective officers. The term of office of all such commission members is 4 years; except that the term of office of members of the commission may terminate earlier than 4 years upon the election of the town council and other elective officers at which time the commission ceases to exist. An individual need not be a registered elector of the town in order to accept appointment to the commission but any person serving on the commission must be a resident of the state. At such time as the number of residents of the town equals or exceeds 150 natural persons, the commission is required to hold an election for the purpose of electing a town council and other elective officers. To the extent practicable, the election must be conducted in accordance with the applicable provisions of existing law. Upon the election of the town council and other elective officers, the town council becomes the governing body of the town and such council members and other elective officers must perform their duties and responsibilities as provided by law. The bill clarifies that the town possesses the same authority as any other government in the state to cooperate with or enter into an intergovernmental agreement with another government for the provision of any goods or services to assist in the development, management, operation, or administration of the town. The pilot project opportunity is repealed, effective July 1, 2019. (Note: This summary applies to this bill as introduced.) Read More
A qualified investor who, prior to January 1, 2018, makes an equity investment in a qualified small business from an advanced industry is allowed an income tax credit that is equal to a percentage of the investment, up to a maximum credit of $50,000. The Colorado office of economic development (office) determines the eligibility for the tax credits and issues nontransferable tax credit certificates that are used to claim the credit. The maximum amount of tax credits allowed for a calendar year is $750,000. The bill extends the credit by allowing qualified investments made on or after January 1, 2018, but prior to January 1, 2023, to qualify for the tax credit. From 2019 through 2022, the total maximum amount of credits for a calendar year is increased to $1.5 million. Beginning with the 2018 calendar year, if the office authorizes less than this amount in a year, then the remaining, unused credits are added to the next year's total maximum amount. In addition, the definition of 'qualified small business' is expanded to include a company that has annual revenues of less than $5 million or that has been actively operating and generating revenue for less than 5 years. Currently, a business must meet both criteria, in addition to other criteria that will continue to apply. The advanced industry investment tax credit cash fund, which was started with money transferred from another cash fund and has no current revenue source, is repealed. In 2022, the office is required to submit to legislative committees a report that includes information about the tax credits issued after January 1, 2018, and the economic benefits from the related qualified investments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill: Authorizes a limited cooperative association to operate as a public benefit corporation; Deletes the requirement that a public benefit corporation's entity name explicitly refer to its status as a public benefit corporation, and instead requires that before issuing shares of stock or disposing of treasury shares that are not required to be federally registered, the public benefit corporation must provide notice to the person to whom the stock is issued or who acquires the treasury shares that it is a public benefit corporation ( section 1 of the bill); Subjects transactions to opt out of status as a public benefit corporation to the requirement to get shareholder approval ( section 2 ); Clarifies the requirements applicable to the filing of the annual public benefit report ( section 4 ); Clarifies that the existence of a provision of the public benefit corporation law does not of itself create an implication that a contrary or different rule of law is or would be applicable to an entity that is not a public benefit corporation ( section 5 ); and Appropriates $30,488 from the department of state cash fund to the department of state for the implementation of the act.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill subjects a provider of medicaid services to a civil monetary penalty if the provider improperly bills or seeks collection from a medicaid recipient or the estate of a medicaid recipient. The provider is also liable for a refund to the recipient of any amount unlawfully received from the recipient, including statutory interest, and for all amounts submitted to a collection agency in the name of the recipient. If, within 30 days, a provider voids the bill, returns any amounts unlawfully received, and makes every effort to resolve the collection action for the recipient, the provider is not subject to the penalties outlined in the bill. A provider is not subject to the penalties outlined in the bill if a person knowingly misrepresents his or her medicaid coverage status to the provider and the provider submits documentation relating to the misrepresentation. A provider may appeal the imposition of a civil monetary penalty. In addition, the bill allows the department of health care policy and financing (department) to require a corrective action plan from any provider who fails to comply with rules, manuals, or bulletins issued by the department, the medical services board, or the department's fiscal agent or from a provider whose activities endanger the health, safety, or welfare of a medicaid recipient. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law prohibits an establishment that is licensed to sell malt, vinous, or spirituous liquors from having an automated teller machine on the premises from which individuals enrolled in public assistance programs administered by the department of human services may obtain cash benefits through the electronic benefits transfer service. The bill exempts liquor-licensed drugstores from this prohibition. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)