At the end of federal fiscal year 2023, the act removes the requirement that the department of human services (state department) pass through 100% of the federal child support incentive payments received by the state to county departments of human or social services. Beginning in federal fiscal year 2024, the state board of human services, by rule, shall determine whether the state department may retain a percentage of the federal incentives the state receives for the purposes of information technology enhancements to the automated child support enforcement system and how to use the retained amount. Beginning July 1, 2025, the act requires the state department to report on each project funded by the federal incentive money the state retained to the joint technology committee of the general assembly. (Note: This summary applies to this bill as enacted.)
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Under the law, a business entity submits filing documents that concern the creation, organization, and operations of an entity to the secretary of state through an online filing system. By submitting a document, an individual affirms under penalty of perjury that the individual is authorized to file the document, the facts in the document are true, and the document otherwise complies with the secretary of state's filing requirements. The secretary of state saves the document in an online database as a ministerial act and does not independently verify whether the document is accurate. The act creates a complaint process for a person whose business identity or personal identifying information has been used in the filing of these documents with the secretary of state without authority or for fraudulent activity. If a complaint is submitted with the secretary of state, the secretary must forward the complaint to the attorney general for further investigation. The attorney general may investigate the complaint and refer the complaint to an administrative law judge. If an administrative law judge determines that an entity has been created fraudulently or without authorization, the secretary of state is required to: Mark the business record with a notice that the entity is fraudulent or unauthorized; Redact each address that was used without authorization from the entity's filing and from any other relevant filings; and Disable additional filing functionality on the entity's records. If an administrative law judge determines that an unauthorized filing was made for a legitimate entity, the secretary of state is required to: Mark each unauthorized filing for the entity to notify the public that the filing is unauthorized; Redact from the entity's filing and from the relevant filings each address and name that was used without authorization; and Mark the business record on the entity's filing to notify the public that the entity has been the victim of fraudulent or unauthorized acts. If a person alleged to have committed fraud or unauthorized acts fails to respond to the complaint, the allegations are deemed conceded, and the secretary of state is directed to take the appropriate steps listed above in the same manner as if the finding had been made by an administrative law judge. The act creates a working group to study measures to counteract and prevent fraudulent filings in the online business filing system. The working group has 11 persons who represent the affected state agencies, businesses, and the Colorado bar association. The working group is directed to submit a report to the general assembly by January 31, 2023, containing potential legislative provisions to counteract and prevent fraudulent filings, as well as the costs and benefits associated with each potential legislative provision. The report may include specific recommendations to the general assembly. Fraudulent filings are made an unfair or deceptive trade practice under the "Colorado Consumer Protection Act" and as such are subject to enforcement by the attorney general's office. (Note: This summary applies to this bill as enacted.)
The act requires the state board of health in the department of public health and environment, with regard to nursing care facilities and assisted living residences, and the medical services board in the department of health care policy and financing, with regard to adult day care facilities, to adopt rules requiring these facilities to provide dementia training for staff providing direct-care services to clients and residents of the facilities. (Note: This summary applies to this bill as enacted.)
The act creates the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program (grant program), administered by the division of housing (division) in the department of local affairs (department). The grant program provides grants to local governments and nonprofit organizations to enable those entities to make investments and improvements in their communities or regions of the state to address and respond to the needs of people experiencing homelessness. The act requires the division to develop policies, procedures, and guidelines governing the administration of the grant program. The act specifies how grant funding is to be awarded and the eligible uses of grant money awarded under the grant program. The act specifies requirements for grant recipients. The act creates the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund (fund) in the department. The act specifies requirements pertaining to the administration of the fund. The act requires a transfer of $105 million from the economic recovery and relief cash fund to the fund to administer the grant program. The act allows for up to $5 million of the money appropriated to the fund to be used for data collection and outreach efforts. The act sets forth specified reporting requirements pertaining to the grant program. The act requires the department, in conjunction with the department of health care policy and financing, to report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, and to its committee of reference during its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, any results, recommendations, and federal implications concerning any supportive housing pilot program currently being administered by the department in conjunction with the department of health care policy and financing. The act requires the division to report on the activities of the grant program as part of the regular annual public report prepared by the division on affordable and emergency housing spending. The act appropriates $9,218 to the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)
The act requires the administrator (administrator) of the all-payer health claims database (database) to create a tool to facilitate the review of certain health claims reimbursement data that are included in the database. The tool must include 2018 health claims reimbursement data as the first year of available data. The act includes minimum requirements for the design of the tool, including how the information will be displayed and searchable by users of the tool. The act requires the administrator, subject to available appropriations, to update the tool at least annually. For the 2022-23 state fiscal year, to implement the act, the act appropriates $155,250 from the general fund to the department of health care policy and financing for use by the executive director's office for the database. (Note: This summary applies to this bill as enacted.)
Under current law, with certain exceptions, an insurance company that is formed by authority of any other state or government (foreign insurance company) may not transact business in Colorado until it has first appointed, in writing, the commissioner of insurance (commissioner) to be the true and lawful attorney of the company in and for Colorado, upon whom all lawful process in any action or proceeding against the company may be served with the same effect as if the company existed in Colorado. However, an insurance company that maintains a home office or regional home office in Colorado is not subject to this requirement but must instead file with the commissioner the name of a person designated to receive service of process. The act removes the requirement that a foreign insurance company appoint the commissioner as its lawful attorney for receipt of service of process and instead requires each insurance company to designate a registered agent for receipt of service of process, regardless of whether the insurance company maintains a home office or regional home office in Colorado. However, service of process may be made on the commissioner if: An insurance company fails to appoint or maintain a registered agent as required; An insurance company's registered agent cannot be found with reasonable diligence; or An insurance company's certificate of authority is revoked. If an individual reasonably relies on the list of registered agents maintained by the commissioner and serves otherwise valid process on the registered agent of an insurance company so designated in the list, and it is later determined that the registered agent listed by the commissioner is not the correct registered agent properly designated by the company, then: The individual may serve process upon the commissioner; and If the individual uses due diligence to serve the commissioner, the applicable statute of limitations is tolled for the period of time beginning when the incorrect registered agent received service of process and ending when the commissioner receives service of process.(Note: This summary applies to this bill as enacted.)
On or before January 1, 2023, the act requires each managed care entity, administrative service organization, and managed service organization that has 25% or more ownership by providers of behavioral health services to comply with certain conflict of interest policies in order to promote transparency and accountability. The act appropriates $42,658 from the general fund to the department of health care policy and financing to implement the act. (Note: This summary applies to this bill as enacted.)
The act creates the school security disbursement program cash fund (cash fund). The department of public safety (department) may disburse money from the cash fund to school districts, charter schools, and boards of cooperative services to improve security within public schools. The act appropriates $6 million from the general fund to the cash fund. The act continues the temporary youth mental health services program and the bi-annual reporting requirements until June 30, 2024, and appropriates $6 million from the behavioral and mental health cash fund to the department of human services for the program. The act appropriates $2 million from the behavioral and mental health cash fund to the department of education for the behavioral health care professional matching grant program. Provisions of the act creating the school security disbursement program cash fund are contingent upon House Bill 22-1120, which recreates the school security disbursement program, becoming law. (Note: This summary applies to this bill as enacted.)
The act creates in the university of Colorado the Colorado pediatric psychiatry consultation and access program (CoPPCAP). The purpose of CoPPCAP is to support primary care providers in identifying and treating mild to moderate behavioral health conditions in children in primary care practices or school-based health centers. The act requires the general assembly to appropriate from the behavioral and mental health cash fund: $4.6 million to CoPPCAP; $5 million to the behavioral health care professional matching grant program to expand access to behavioral health-care services for children and families; and $1.5 million to the school-based health center grant program.(Note: This summary applies to this bill as enacted.)
The act directs the state treasurer to transfer $3,698,586 from the general fund to the division of professions and occupations cash fund for use beginning in the 2022-23 state fiscal year and until fully expended to fund the expenses of the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners in order to facilitate fee relief for mental health professionals regulated by those boards. (Note: This summary applies to this bill as enacted.)