Sen. Jim Smallwood

Under current law, the Colorado state fair authority (authority) and its board of commissioners are required to publish an annual report each year by October 31 and to distribute the report to the governor and the members of the legislative committees with jurisdiction over agricultural matters. The act changes the annual reporting deadline to January 31 or 10 days after the legislative audit committee releases the authority's financial audit, whichever is later, and requires that the report be submitted to all members of the general assembly.(Note: This summary applies to this bill as enacted.)

The act implements the recommendation of the department of regulatory agencies' sunset review and report concerning the "Michael Skolnik Medical Transparency Act of 2010" to continue the act for 7 years, until 2028.(Note: This summary applies to this bill as enacted.)

The act authorizes the department of human services (state department) to disclose the results of a CAPS check without a court order to:A health oversight agency within the department of regulatory agencies (DORA), or a regulator within such a health oversight agency, for the purpose of a regulatory investigation; or The court if an individual is petitioning the court for conservatorship or guardianship of an at-risk adult. The act requires an employer and a current or former employee to provide, upon request of a county department of human or social services and for the purposes of an investigation into an allegation of mistreatment, the professional license number issued by DORA for the employee who holds a health-care provider or health-care occupation license and who, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult.Current law requires the state department to promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. The act requires the state department to promulgate rules to address the process to share information on the outcome of an appeal with a health oversight agency within DORA, or a regulator within such health oversight agency, if the health oversight agency or its regulator requests information for the purpose of a regulatory investigation. Appeal information is confidential and used only for the regulatory investigation.Beginning January 1, 2022, the state department shall provide the court the results of a CAPS check, upon the court's request, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.The act requires the state department to promulgate rules that address:The process for the state department to notify a health oversight agency within DORA or a regulator within such health oversight agency when a professional regulated by a regulator within such health oversight agency is substantiated in a case of mistreatment of an at-risk adult; and The information that will be made available to a health oversight agency within DORA or a regulator within such health oversight agency for the purpose of conducting a regulatory investigation. A person who may be appointed as a conservator or guardian of an at-risk adult who knowingly provides inaccurate information to the court for a CAPS check commits a class 1 misdemeanor.Beginning January 1, 2022, prior to appointing a person as a conservator or guardian of an at-risk adult, the court shall request a CAPS check by the state department to determine if the person is substantiated in a case of mistreatment of an at-risk adult. Within 7 calendar days after the date of the court's request, if the person has been substantiated in a case of mistreatment of an at-risk adult, the state department shall provide the court with information concerning the mistreatment, unless the finding was expunged through a successful appeal to the state department. The state department shall disclose to the court that the person substantiated in a case of mistreatment of an at-risk adult has the right to initiate an appeal of the substantiated finding within the time frame set forth in state department rules. If the appeal is active, the state department shall inform the court that such appeal is active. The court shall have the discretion to consider the results of the CAPS check and determine the weight of the information and its probative value. Nothing delays or precludes the court's appointment of an emergency guardian or conservator of an at-risk adult, regardless of the timing of the state department's notification of the CAPS check results.The act requires the state department to notify the court within 7 calendar days after a substantiated finding of mistreatment by a person appointed as a conservator or guardian for an at-risk adult is subsequently entered into CAPS.The act requires the state department to notify a health oversight agency within DORA or a regulator within such health oversight agency within 10 calendar days after a substantiated finding of mistreatment by a professional regulated by DORA. Any information provided to a health oversight agency is confidential. A health oversight agency shall have the discretion to consider the results of the CAPS check and determine the weight of the information and its probative value.The act requires a licensee, certificate holder, or registrant substantiated in a case of mistreatment of an at-risk adult to provide the person's professional license number to county adult protective services.(Note: This summary applies to this bill as enacted.)

The act modifies monthly financial reporting requirements for the department of transportation to:Require the department to include in the monthly report that it submits to the state controller: Sufficient financial information for the controller to complete a review of legal overexpenditures, any deficit fund balances, and a budget to actual report for all budget lines within the annual general appropriations act; and Any additional information that is deemed reasonable and necessary by the controller; and Require the department to submit a monthly budget report to the transportation commission of the expenditures made from each budget category and the unexpended and unencumbered balance of each budget subcategory and to make each report publicly available on the department's website.(Note: This summary applies to this bill as enacted.)

The bill requires the division of insurance (division) to retain a contractor on or before November 1, 2021, for the purpose of performing actuarial reviews of proposed legislation that may impose a new health benefit mandate on health benefit plans. The contractor, under the direction of the division, shall conduct an actuarial review of up to 5 legislative proposals for each regular legislative session, each at the request of a member of the general assembly. Each actuarial review performed by the contractor must consider the predicted effects of the legislative proposal during the 5 years immediately following the effective date of the proposed legislation, including specifically described considerations. In preparing a fiscal note for any legislative proposal that may impose a new health benefit mandate on health benefit plans, the legislative service agency charged with preparing the fiscal note shall either: Include in the fiscal note information that is produced by the contractor in review of the legislative proposal; or If no information is produced by the contractor in review of the legislative proposal, indicate such fact in the fiscal note.(Note: This summary applies to this bill as introduced.)

The act authorizes local governments to prohibit the operation of motor vehicles or off-highway vehicles on roughed-in roads, which are areas where the ground has been cut with the intention to make a road but has not been improved enough to qualify as a road.(Note: This summary applies to this bill as enacted.)

The bill specifies that a patient admitted to a hospital for inpatient care and a resident of a nursing care facility or assisted living residence may have at least one visitor of the patient's or resident's choosing during the stay or residency. A hospital, a nursing care facility, and an assisted living residence (collectively referred to as "health-care facility") must have written policies and procedures regarding the visitation rights of patients and residents, including policies and procedures setting forth any clinically necessary or reasonable restriction or limitation that the health-care facility may need to place on patient and resident visitation rights and the reasons for the restriction or limitation. The bill prohibits a health-care facility from adopting policies or procedures that prohibit visitation of a patient or resident if the sole reason for the prohibition is to reduce the risk of transmission of a pandemic disease, but a health-care facility may impose specified requirements and limitations for visitors to reduce the risk of transmission of the pandemic disease. (Note: This summary applies to this bill as introduced.)

The act clarifies that if a small employer has been issued a health benefit plan subject to small group insurance laws and rules, and then following the issuance date subsequently employs more than 100 employees, the small group insurance laws and rules continue to apply to the plan as long as the employer renews the current health benefit plan. If the employer opts to renew its current plan, the act requires an insurance carrier to offer the employer the same small group health benefit plan or, if the same plan is no longer available, a similar plan that the carrier offers to other small employers.The act requires an insurance carrier to notify the employer that the small group insurance laws and rules will no longer apply if the employer fails to renew the current plan or elects to enroll in a different health benefit plan.(Note: This summary applies to this bill as enacted.)

Sections 3, 4, and 5 of the bill require applicants for manufacturers', suppliers', and agents' licenses to disclose to the secretary of state (licensing authority) whether those applicants or any of their owners, officers, directors, members, or partners have had gaming licenses suspended or revoked in any other jurisdiction.Sections 6 and 7 authorize the licensing authority to approve additional types of equipment that players may use, including certain electronic devices that reveal the winning or nonwinning status of tickets in pull tab games, and clarifies that these devices are not defined as slot machines or other prohibited devices. Section 1 amends existing definitions accordingly, and section 2 removes a prohibition on the charging of license fees for the equipment by the licensing authority. (Note: This summary applies to this bill as introduced.)

The act allows a homeowner in a community organized under the "Colorado Common Interest Ownership Act" to operate a licensed family child care home, as defined in state laws governing child care facilities, notwithstanding anything to the contrary in the community's governing documents. The community's regulations concerning architectural control, parking, landscaping, noise, and other matters continue to apply, but the community must make reasonable accommodations for any requirements pertaining to fences under the state's family child care home licensing laws. The owner or operator of the child care home may also be required to carry additional liability insurance. The act does not apply to a community qualified as housing for older persons under federal law. (Note: This summary applies to this bill as enacted.)