Sen. Jim Smallwood

The act acknowledges the challenges to the state's health care systems caused by the COVID-19 virus, which has resulted in hospitals, in their efforts to keep patients and employees in a safe environment and minimize the risk of spreading the virus, limiting patients' ability to have loved ones visit them during hospitalizations. The act encourages hospitals to follow infection prevention protocols and identify ways to improve patient visitation policies. (Note: This summary applies to this bill as enacted.)

If approved by voters at the general election held on November 3, 2020, the concurrent resolution would amend section 2 of article XVIII of the Colorado constitution by: Replacing the existing requirement that a charitable organization have 5 years' continuous existence before obtaining a charitable gaming license with a requirement that it: Be registered with the secretary of state; and Have 3 years' continuous existence or, beginning in 2024, have a different period of continuous existence if the general assembly establishes that different period by statute; and Allowing charitable games to be managed or operated by persons other than unpaid volunteers who are bona fide members of the organization, so long as those persons are not paid more than minimum wage.(Note: This summary applies to this concurrent resolution as adopted.)

The bill creates a regulatory and service system to provide secure transportation services, with different requirements than traditional ambulance services, for individuals experiencing a behavioral health crisis. Mobile crisis services, units linked to the walk-in crisis services, and crisis respite services may arrange for secure transportation in response to a behavioral health crisis. The department of human services shall allow for the development of secure transportation alternatives. The board of county commissioners of the county in which the secure transportation service is based (commissioners) shall issue a license to an entity (licensee), valid for one year, that provides secure transportation services if the minimum requirements set by rule by the state board of health are met or exceeded. The commissioners shall also issue operating permits, valid for 12 months following issuance, to each vehicle operated by the licensee. A fee may be charged for each license to reflect the direct and indirect costs to the applicable county in implementing secure transportation services licensure. The state board of health is given authority to promulgate rules concerning secure transportation licensure. The department of health care policy and financing is directed to create and implement a secure transportation benefit on or before January 1, 2022. Language is added to exempt secure transportation services from regulation under the public utilities commission. (Note: This summary applies to this bill as introduced.)

The bill creates the health benefit plan design change review committee (committee) in the division of insurance to review introduced bills that impose new requirements on, or amend existing requirements of, health benefit plans. For any such bill, the committee shall conduct an actuarial review of the near-term effects of the bill, including: An estimate of the number of Colorado residents who will be directly affected by the bill; Estimates of changes in the rates of utilization of specific health care services that may result from the bill; Estimates concerning any changes in consumer cost sharing that would result from the bill; The financial impact, if any, of the bill on group benefit plans offered under the "State Employees Group Benefits Act", regardless of whether the bill makes any amendment to that act; The financial impact, if any, of the bill on medical assistance programs under the "Colorado Medical Assistance Act", regardless of whether the bill makes any amendment to that act; and The financial impact, if any, of the bill on small-, medium-, and large-sized business employers. The bill authorizes the commissioner of insurance to promulgate rules as necessary for the operation of the committee. (Note: This summary applies to this bill as introduced.)

The complementary or alternative medicine pilot program (pilot program) currently applies to any person with a spinal cord injury. The bill expands the pilot program to include persons with a primary condition of multiple sclerosis, a brain injury, spina bifida, muscular dystrophy, or cerebral palsy and a secondary condition of paralysis. Additionally, an eligible person must reside in either Adams county, Arapahoe county, Boulder county, the city and county of Broomfield, the city and county of Denver, Douglas county, El Paso county, Jefferson county, Larimer county, Pueblo county, or Weld county.(Note: This summary applies to this bill as introduced.)

Under the children's habilitation residential program, the bill authorizes the state board of medical services to adopt rules to implement changes proposed in a waiver amendment or renewal submitted to the federal department of health and human services so long as the rules are not effective until the effective date of the approval of the waiver amendment or renewal. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, a child is neglected or dependent if the child's environment is injurious to the child's welfare. The bill clarifies that the child's environment is injurious to the child's welfare because the child's parent has placed the child in or failed to remove the child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental ability and that results in bodily injury or a substantial risk of immediate and grave harm as a result of a blatant disregard of parent or caretaker responsibilities. A child is not neglected or dependent if a child who is of sufficient maturity, physical condition, and mental ability is left by the child's parent, guardian, or legal custodian, under conditions that are reasonably deemed safe and secure sufficient to avoid substantial risk of physical harm, to engage in independent activities specified in the bill. The bill amends the criminal code to reflect that a person does not commit child abuse if the person is exercising reasonable judgment in allowing a child to engage in independent activities as described in language added to the dependency or neglect statute in the bill. The bill amends the definition of neglect in the children's code to state that a child is not neglected when allowed to participate in independent activities specified in the bill that a reasonable and prudent parent would consider safe given the child's maturity, condition, and abilities. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law requires an individual or entity to notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities, such as water and sewer pipes, gas lines, and electric or cable lines, that the excavation might affect can be located and marked before excavation begins. Underground facilities are often located beneath county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of such county roads and county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. These maintenance activities currently trigger the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. To prevent such activities from triggering the excavation notification requirement, the bill specifies that "excavation" does not include routine or emergency maintenance of right-of-way on county-owned gravel or dirt roads performed by county employees that: Does not lower the existing grade or elevation of the road, shoulder, and ditches; and Does not disturb more than 6 inches in depth during maintenance operations.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act authorizes the department of higher education to collect the data necessary to calculate return on investment metrics for certain higher education institutions not currently covered in the department's annual return on investment report. The department may include the information collected in its annual return on investment report. (Note: This summary applies to this bill as enacted.)

Current law allows a sanitation district, a water and sanitation district, or a metropolitan district with a population of 2,500 or less that is located in a county with a population of 25,000 or less to provide for the collection and transportation of solid waste. The act removes the population restriction, allowing a sanitation district, water and sanitation district, or metropolitan district to provide for the collection and transportation of solid waste regardless of the population in the district or the county. The act specifies that the district may provide the waste services itself or by contracting with a third-party service provider through a public bidding process. The district is prohibited from providing waste services within a municipality or county without the consent of the municipality or county. (Note: This summary applies to this bill as enacted.)