Sen. Jim Smallwood

Current law requires independent operators of commercial vehicles to have workers' compensation or a private insurance policy that provides similar coverage. The bill changes 'private insurance policy' to 'occupational accident coverage insurance policy' and specifies the requirements for when such a policy may be considered as providing similar coverage. The bill requires the commissioner of insurance to promulgate rules establishing the minimum coverages for benefits under an occupational accident coverage insurance policy. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the commissioner of insurance to conduct an actuarial analysis to determine if the sale of catastrophic health plans to Colorado residents 30 years of age and older and not meeting a hardship requirement would result in a reduction in advanced premium tax credits received by Colorado residents or increase the average premiums of individual health plans. If the actuarial analysis demonstrates that there would not be a reduction in advanced premiums tax credits or an increase in average premiums of individual health plans, the commissioner shall apply to the secretary of the United States department of health and human services for a 5-year waiver of the federal law restricting catastrophic health plans offered through the Colorado health benefit exchange. The waiver, if approved, would permit the offering of catastrophic health plans to any individual residing in Colorado rather than only individuals under the age of 30 or meeting a hardship requirement. Catastrophic health plans under the waiver must only be sold through the health benefit exchange and would not be eligible for advanced premium tax credits. If the waiver is denied, the statutory section is repealed. The bill appropriates $9,200 to the department of regulatory agencies for use by the division of insurance for personal services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the department of health care policy and financing (department), in consultation with the Colorado healthcare affordability and sustainability enterprise board, to develop and prepare an annual report detailing uncompensated hospital costs and the different categories of expenditures made by general hospitals in the state (hospital expenditure report). In compiling the hospital expenditure report, the department shall use publicly available data sources whenever possible. Each general hospital in the state is required to make available to the department certain information, including: Hospital cost reports submitted to the federal centers for medicare and medicaid services; Annual audited financial statements; except that, if a hospital is part of a consolidated or combined group, the hospital may submit a consolidated or combined financial statement if the group's statement separately identifies the information for each of the group's licensed hospitals; Utilization and staffing information and standard units of measure; and Information accessed through a secure, online data collection and reporting system that provides a central location for the collection and analysis of hospital utilization and financial data. The hospital expenditure report must include, but not be limited to: A description of the methods of analysis and definitions of report components by payer group; Uncompensated care costs by payer group; and The percentage that different categories of expenses contribute to overall expenses of hospitals. The department is required to submit the hospital expenditure report to the governor, specified committees of the general assembly, and the medical services board in the department. The department is also directed to post the hospital expenditure report on the department's website. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Section 2 of the bill requires an off-campus location of a hospital to apply for, obtain, and use on claims for reimbursement for health care services provided at the off-campus location a unique national provider identifier, commonly referred to as 'NPI'. The off-campus location's NPI must be used on all claims related to health care services provided at that location, regardless of whether the claim is filed through the hospital's central billing or claims department or through a health care clearinghouse. Section 3 requires all medicaid providers that are entities to obtain and use a unique NPI for each site at which they deliver services and for each provider type that the department of health care policy and financing has specified. Entity medicaid providers must use on all claims the unique NPI that identifies both the site where the services were provided and the provider type rendering the services, regardless of whether the claim is filed through the entity's central billing or claims department or through a health care clearinghouse.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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

The bill establishes the medicaid fraud control unit (unit) in the department of law. The unit is responsible for investigation and prosecution of medicaid fraud and waste, as well as patient abuse, neglect, and exploitation. Prior to initiating a criminal prosecution, the unit must consult with the district attorney of the judicial district where the prosecution would be initiated. The department of health care policy and financing is authorized to require medicaid providers to include information about reporting medicaid fraud to the unit in any explanation of benefits provided to a medicaid beneficiary. The bill creates offenses related to making false statements on applications, medicaid fraud, and credit and recovery of medicaid payments. The bill makes it unlawful to receive certain kickbacks, bribes, and rebates related to the administration of a medicaid service. Actions brought under the provisions of the bill must commence within 3 years after the discovery of the offense, but no later than six years after the commission of the offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of a business. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

The bill modifies and clarifies certain aspects of the foreclosure process on property encumbered by a deed of trust as follows: Eliminates the authority of the attorney for a holder of an evidence of debt (holder) to specify the newspaper used to publish foreclosure notices; Allows an amended combined notice to be omitted in a specified circumstances when the notice is provided by the sheriff or public trustee conducting the foreclosure (officer); Modifies the amount of the deposit required for the fees and costs of the public trustee; Omits a statement notifying borrowers of their ability to file a complaint if they believe a lender or servicer has violated certain requirements from the portions of a combined notice that must be published; Makes changes to the bid form used by holders; Clarifies the amount to be paid to the officer if the holder bids an amount that exceeds the amount due to the holder; Prorates the amount of insurance premiums that may be claimed as costs; Further specifies and modifies the procedures for restarting a foreclosure proceeding when a property is subject to a federal bankruptcy case or if a sale has been enjoined or set aside by a court; Specifies the interest and other amounts that may be charged by the holder of a certificate of purchase when property is redeemed; and Clarifies the procedure for junior subsequent lienors to redeem a property.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Legislative Audit Committee. Commencing January 1, 2019, the bill requires each statutorily created board or commission in state government, not including a special purpose authority, to implement written policies or bylaws and obtain annual training on specified issues in order to ensure that best practices are utilized and requires each state agency responsible for a statutorily created board or commission to ensure that the state board or commission obtains the annual training and implements the written policies.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill updates provisions of the state's adoption assistance program (adoption program) that provides cash subsidies and other noncash benefits to families who adopt children who, because of one or more special needs, might not otherwise be adopted. The department of human services (state department) administers the adoption program in conjunction with county departments of human or social services (county department). The state department is required to keep data on the adoption program to help evaluate the adoption program's ongoing effectiveness in providing stability to families involved in special needs adoptions. As appropriate, the state department, a county department, or a nonprofit child placement agency is required to provide prospective adoptive families, at the time of application, with information on the various benefits available through the adoption program. The bill outlines eligibility for the adoption program and the available benefits. Specific benefits for an adoption made through the adoption program are detailed in a written adoption assistance agreement (agreement) that addresses the unique needs of the eligible child or youth to be adopted. The terms of an agreement are negotiated between all parties involved. Determination of the type and amount of benefits to be provided through the adoption program must take into consideration the circumstances of the adopting family and the needs of the child or youth being adopted. The agreement must be reviewed at least every 3 years, but may be reviewed sooner at the request of the adoptive parents. The adoptive parents may appeal any decision made pursuant to the provisions of the adoption program with a hearing before an administrative law judge in accordance with the 'State Administrative Procedure Act'. (Note: This summary applies to this bill as introduced.) , Read More