Sen. Lindsey Daugherty

Under current law, attorneys are not subject to the reasonable fee guidelines when requesting medical records on behalf of a client. The bill includes attorneys among the individuals who can request medical records on behalf of a patient and subjects them to the same reasonable fee limitations for the costs associated with obtaining copies of medical records. The bill caps the amount that can be paid as a reasonable fee at the maximum limit allowed under the federal "Health Information Technology for Economic and Clinical Health Act". (Note: This summary applies to this bill as introduced.)

Under the act, if a purchaser files a sales and use tax refund claim between July 1, 2022, and July 1, 2026, interest will accrue on the refund from the date that the purchaser files the claim, so long as the refund is paid more than 180 days from the date that the purchaser files the claim. If a purchaser files a claim for a sales and use tax refund that is incomplete, duplicative of another claim, or lacks a reasonable basis in law or fact, the act requires the executive director of the department of revenue (executive director) to assess and collect, in addition to other penalties provided by law, a civil penalty. The civil penalty is equal to 5% of the total refund claimed if the claim is materially incomplete and is equal to 10% of the total refund claimed if the claim is duplicative or lacking a reasonable basis in law or in fact. Prior to assessing a civil penalty for a claim that the executive director deems materially incomplete, the executive director is required to provide notice to the purchaser or the preparer of the claim, specify what is missing, and state the conditions that will lead to the executive director assessing the civil penalty. If a sales and use tax refund claim on which the executive director assesses a civil penalty is prepared, in whole or in part, by a person other than the purchaser, the penalty is imposed on that other person. The executive director shall give the person against whom the civil penalty is assessed written notice, and that person may petition for a hearing and appeal the civil penalty. The executive director may waive the penalty if the person against whom the penalty is assessed establishes that a duplicate claim was not intentional and was either minimal or immaterial or demonstrates other good cause for waiver. (Note: This summary applies to this bill as enacted.)

Current law requires the appointment of a guardian ad litem for children or youth in dependency and neglect cases. The act requires that client-directed counsel for youth be appointed for children or youth 12 years of age or older to provide specialized client-directed legal representation. The act prohibits the waiver of a child's or youth's right to counsel in dependency and neglect proceedings. The act also allows a child or youth to be a party in a dependency and neglect proceeding. For a child or youth 12 years of age or older with diminished capacity, a guardian ad litem shall remain in the role and separate counsel for the child or youth must be appointed. (Note: This summary applies to this bill as enacted.)

The act updates and clarifies language related to the foster youth in transition program (program), including: Defining "dependent on the court" as being under the juvenile court's jurisdiction; Directing the court to advise the juvenile of specific services; Repealing certain provisions related to continuing jurisdiction of the court; Adding provisions to the program for juveniles or youths who were in a dependency and neglect case or other case pursuant to the Children's Code; Updating and specifying the form and content of the petition for the program; and Adding language and requirements concerning the initial hearing related to the program.(Note: This summary applies to this bill as enacted.)

The act allows a Colorado resident who is a student enrolled in an institution of higher education outside the state of Colorado the right to postpone jury duty for not more than 12 months. (Note: This summary applies to this bill as enacted.)

Current law requires an injured employee or someone else with knowledge of the injury to notify the employer within 4 days after the occurrence of an on-the-job injury, authorizes a reduction in compensation to the injured employee for failure to timely notify the employer, and tolls the 4-day period if the employer has failed to post a notice specifying the injured employee's notification deadline. The act changes the 4-day notice period to a 10-day notice period and prohibits a loss of compensation if the employer had actual notice of the injury or good cause is shown for the employee's failure to timely report the injury. If an employer fails to provide a copy of the notice of the injury to the employee or fails to post the required notice to employees, the act specifies that the time period allotted to the employee to notify the employer of an injury is tolled for the duration of the failure. The act also changes the notice that an employer is required to post in the workplace to require that the notice state the name of the insurer and that the: Employer is required to have and pay for workers' compensation insurance; Injured employee has rights under the law if the employer fails to carry workers' compensation insurance; Employee should notify employer if injured; Injury must be reported to the employer; and Employee may file a workers' compensation claim. With regard to occupational diseases, the act also: Limits the ability of the director of the division of workers compensation to reduce compensation to an employee to circumstances where the employer does not have actual knowledge of the contraction of a disease or there is not good cause shown to provide timely notice of the disease; and Repeals the provision that states that an employer is deemed to waive a failure to give notice of an occupational disease or death resulting from the disease unless the employer objects at a hearing on the claim prior to any award or decision.(Note: This summary applies to this bill as enacted.)

Under current law, the department of education (department) administers the teaching and learning conditions survey (survey) every 2 years to assess teaching and learning conditions as predictors of student achievement, retention of teachers, and the relationship between teaching and learning conditions and school administration. The department administers the survey to all preschool, elementary, and secondary teachers in Colorado public schools. Under current law, an education support professional (ESP) is not permitted to take the survey. The act authorizes an ESP who provides direct instruction, supports licensed staff in an educational capacity, or supports instruction and the learning environment to take the survey.For the 2021-22 state fiscal year, $53,500 is appropriated to the department from the general fund to implement this act.(Note: This summary applies to this bill as enacted.)

The department of corrections operates a specialized program for offenders who are serving a prison sentence for a felony offense committed while the offender was a juvenile as a result of criminal charges filed by direct file or transfer proceedings. The act would expand program eligibility to adults serving a sentence for a felony that was committed when the person was under 21 years of age. The act requires the court, when it sentences a person under 21 years of age, to make a statement that it is possible the defendant could serve a portion of the sentence in the specialized program.The act appropriates $118,976 from the general fund and provides 1.4 FTE to the department of corrections to implement the act.(Note: This summary applies to this bill as enacted.)

The act prohibits the imposition of secured monetary or property conditions on a bond for juveniles charged with or accused of committing a delinquent act.The act reduces the juvenile detention bed cap from 327 beds to 215 beds beginning in fiscal year 2021-22.The act adds members and responsibilities to the existing statutory working group for criteria for placement of juvenile offenders. The working group's responsibilities include examining available alternatives to youth detention, the use of detention beds, and examining necessary investments in alternatives to youth detention.The act decreases appropriations made in the annual general appropriation act for the 2021-22 state fiscal year to the department of human services.The act makes the following appropriations to the department of human services:$202,541 for use by the office of information and technology; $427,979 for use by the division of child welfare, and an additional 4.5 FTE; and $24,789 in federal funds for use by the division of child welfare.(Note: This summary applies to this bill as enacted.)

The act creates the foster youth in transition program (transition program) in the state department of human services (state department) to be implemented in county departments of human or social services (county departments) throughout the state. The purpose of the transition program is to allow foster youth who meet eligibility criteria to voluntarily continue to receive certain child welfare services (services) up until the last day of the month of the youth's twenty-first birthday, or such greater age of foster care eligibility as required by federal law. Services provided through the transition program must be client-directed and developmentally appropriate as set forth in and agreed to through a voluntary services agreement (agreement) developed and entered into between the youth and county department.The act sets forth the eligibility criteria a youth must meet in order to voluntarily participate in the transition program. A youth who is no longer under the jurisdiction of the juvenile court and thinks he or she is eligible for the transition program may make a written request to the juvenile court (court) or county department where the youth resides. The county department shall make a determination of eligibility. If the youth is eligible, the county department shall explain the requirements and benefits of the transition program to the youth and, with the youth, develop an agreement that must be provided to the juvenile court together with a petition to renew jurisdiction with the juvenile court.The act describes the services and supports that will be made available to a youth through the transition program, including assistance with enrolling in medicaid; assistance with securing appropriate housing; and providing case management services, such as developing a roadmap to success, obtaining employment, obtaining critical documents and records, and accessing information about relatives and siblings, if available and appropriate.The act sets forth the form and content required for a petition to bring the youth under the juvenile court's jurisdiction. Upon receipt of informed, written consent of the youth, a person may be named as a special respondent in a case brought pursuant to the transition program.A youth participating in the transition program must be appointed counsel from a list of attorneys approved by the office of the child's representative. If the youth is 18 years of age or older and, due to diminished capacity, needs a guardian ad litem, one may also be appointed.Procedures for emancipation discharge and transition hearings (hearing) are described in the act, including a requirement to have a personalized emancipation transition plan finalized for the youth no more than 90 days prior to a hearing. The county department shall file a report with the court at least 7 days prior to a transition hearing that includes relevant details concerning a youth's status and plans to either emancipate or enter the youth in transition program. With the youth's consent and in certain circumstances, the court may continue a transition hearing for up to 119 days.The court shall hold periodic reviews of the youth's case at least every 6 months to ensure that the transition program is providing the youth with the necessary services to help the youth move toward permanency and a successful transition to adulthood. The act sets forth procedures for the periodic reviews. The act grants continuing jurisdiction in a youth's case to the juvenile court under certain situations.The act creates the foster youth successful transition to adulthood grant program (grant program) and associated advisory board (advisory board). The purpose of the grant program is to support eligible youth to successful transition into adulthood. Youth are eligible for services from recipients of grants from the grant program if they are between the ages of 18 and 23, were in foster care or adjudicated dependent and neglected, and are participating voluntarily. The advisory board shall meet at least 2 times per year, and the act outlines membership.The state department is directed to promulgate rules for the implementation of the transition program.For the 2021-22 state fiscal year, the act appropriates $510,623 to the department of human services for use by the division of child welfare. This appropriation consists of $408,498 from the general fund and $102,125 from cash funds from local funds. To implement this act, the division may use this appropriation for child welfare services.For the 2021-22 state fiscal year, the act appropriates $52,392 to the judicial department for use by the office of the child's representative. This appropriation is from the general fund.(Note: This summary applies to this bill as enacted.)