The act lists the minimum factors to be considered when determining medical necessity or appropriate level of care for an individual with an eating disorder. The act prohibits certain health benefit plans or the state medical assistance program from utilizing the body mass index, ideal body weight, or any other standard requiring an achieved weight when determining medical necessity criteria or appropriate level of care for an individual with a diagnosed eating disorder. The prohibition does not apply when determining medical necessity or the appropriate level of care for an individual diagnosed with anorexia nervosa, restricting subtype or binge-eating/purging subtype; however, body mass index, ideal body weight, or any other standard requiring an achieved body weight must not be the determining factor when assessing medical necessity or the appropriate level of care for an individual diagnosed with anorexia nervosa, restricting subtype or binge-eating/purging subtype. The act states a retail establishment engages in a deceptive trade practice if the retail establishment sells, transfers, or otherwise furnishes over-the-counter diet pills to any individual under 18 years of age. APPROVED by Governor May 30, 2023 PORTIONS EFFECTIVE May 30, 2023 PORTIONS EFFECTIVE January 1, 2024 PORTIONS EFFECTIVE July 1, 2024 (Note: This summary applies to this bill as enacted.)
Sponsored bills
On and after July 1, 2024, the act prohibits a health-care provider (provider), which is an individual provider or a health facility, or a health system, which is a corporation or organization that owns, contains, or operates 3 or more hospitals, from charging, billing, or collecting a facility fee directly from a patient that is not covered by the patient's insurance for mandatory coverage for preventive health-care services that are provided in an outpatient setting. The act defines "facility fee" as any fee that a hospital or health system charges or bills for outpatient services that is intended to compensate the hospital or health system for its operational expenses and that is separate and distinct from a professional fee charged or billed by a provider for professional medical services. The limitation on charging, billing, or collecting a facility fee does not apply to a critical access hospital, a sole community hospital in a rural or frontier area, a community clinic affiliated with a sole community hospital in a rural or frontier area, or a hospital established by the Denver health and hospital authority. The act: Requires a provider that charges a facility fee to provide notice to a patient that the provider charges the fee and to use a standardized bill that includes itemized charges identifying the facility fee, as well as other information; Requires a health facility that is newly affiliated with or owned by a hospital or health system on or after July 1, 2024, to provide written notice to patients of the health facility during the previous 12 months concerning the change in ownership and that the health facility may now charge a facility fee, and prohibits the collection of a facility fee until at least 30 days after the notice is sent; and Makes it a deceptive trade practice to charge, bill, or collect a facility fee when doing so is prohibited. The act creates a steering committee (steering committee) in the department of health care policy and financing (department) to facilitate the development of a preliminary report by August 1, 2024, and a final report by October 1, 2024, detailing the impact of outpatient facility fees on the Colorado health-care system, including the impact on consumers, employers, and providers. The steering committee consists of 7 members appointed by the governor with relevant expertise in health-care billing and payment policy, including, among others, members representing consumers, payers, and providers. The act lists specific data and information to be collected, identified, evaluated, and analyzed, including: Data from: The all-payer health-claims database; Hospital and health systems; The department, the division of insurance, and commercial payers; and Independent health-care providers that are not affiliated with or owned by a hospital or health system evaluated in the report; The impact of facility fees and payer coverage policies on the Colorado healthcare affordability and sustainability enterprise, the medicaid expansion, uncompensated care, and undercompensated care; The impact of facility fees on access to care, integrated care systems, health equity, and the health-care workforce; and A description of the way in which providers may be paid or reimbursed by payers for outpatient health-care services. To the extent feasible, data must be sourced from 2014 through 2022, as determined by the steering committee and any third-party contractors, and disaggregated, as described in the act. The steering committee shall seek to exhaust existing data sources before making additional requests and shall minimize the number of data requests. To implement the act, for the 2023-24 state fiscal year, the act: Increases general fund appropriations to the department in the 2023 long bill by $18,326 for personal services and $337 for operating expenses; Decreases anticipated federal funds received by the department by $18,663; and Appropriates $516,950 from the general fund to the department for general professional services and special projects. APPROVED by Governor May 30, 2023 EFFECTIVE May 30, 2023 (Note: This summary applies to this bill as enacted.)
The act creates the HOA homeowners' rights task force (HOA task force) and the metropolitan district homeowners' rights task force (metro district task force) in the division of real estate (division) in the department of regulatory agencies (department). The director of the division or the director's designee serves as the chair of both task forces. Members of the HOA task force must be designated or appointed on or before August 1, 2023. The HOA task force is required to: Study issues confronting HOA homeowners' rights, including homeowners' associations' fining authority and practices, foreclosure practices, communications with homeowners, and the availability and method of making certain documents available to HOA homeowners in the association; Review HOA homeowners' complaints and relevant state and federal laws related to common interest communities; Review a representative sample of governing documents, governance policies, financial information, and collections and legal activities; and Develop initial findings and conclusions, including legislative recommendations, and, on or before April 15, 2024, prepare a final report. The department must publish the initial findings and conclusions and final report on its website. The HOA task force must submit copies of the final report to the metro district task force, certain legislative committees, and the governor. Members of the metro district task force must be designated or appointed on or before November 1, 2023. The metro district task force is required to: Study issues confronting metropolitan district homeowners' rights, including metropolitan district boards' tax levying authority and practices, foreclosure practices, communications with homeowners, governance policies, and the process by which a metropolitan district could transition into a common interest community; and On or before March 1, 2024, prepare an interim report and, on or before June 15, 2024, a final report regarding its findings and conclusions, publish the reports on the department's website, and submit copies of the reports to certain legislative committees and the governor. For state fiscal year 2023-24, the act appropriates $208,408 from the general fund to the department for use by the division to implement the act and $1,887 from the general fund to the legislative department for use by the general assembly for legislator per diem and travel reimbursement expenses. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 (Note: This summary applies to this bill as enacted.)
The act creates the stegosaurus state fossil license plate for motor vehicles. The department of revenue (department) must designate a nonprofit organization to qualify applicants for issuance of the license plate. The organization must provide educational services about the science and history of dinosaurs and support the stewardship and preservation of dinosaur fossils, tracks, and paleontology sites in Colorado. An applicant qualifies for issuance of the license plate if the applicant makes a donation to the organization and pays all required taxes and fees. In addition to the standard motor vehicle fees, the applicant must pay 2 one-time fees of $25 for issuance of the license plate. One fee is credited to the highway users tax fund and the other fee is credited to the licensing services cash fund. To implement this act, $39,151 is appropriated to the department for use by the division of motor vehicles. This appropriation consists of $5,492 from the Colorado DRIVES vehicle services account in the highway users tax fund and $33,659 from the license plate cash fund. APPROVED by Governor May 22, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Section 2 of the act defines clean hydrogen (clean hydrogen) as hydrogen that is: Derived from a clean energy resource that uses water as the source of hydrogen; or Produced through a process that results in lifecycle greenhouse gas emissions rates that are less than 1.5 kilograms of carbon dioxide equivalent per kilogram of hydrogen, as set forth in applicable federal law. Section 2 also requires, no later than September 1, 2023, the public utilities commission (commission) to initiate an investigatory proceeding to consider issues related to projects that result in the production of clean hydrogen by an investor-owned utility (clean hydrogen projects). Section 2 also requires, no later than December 1, 2024, the commission to adopt rules that establish clean hydrogen project requirements, including, if the commission determines cost recovery for clean hydrogen projects is appropriate, rules that require an investor-owned utility to present a clean hydrogen project to the commission for the commission's approval, unless the Colorado energy office (office) files a notice with the commission stating that the federal department of energy has extended or otherwise altered the deadline for funding of a project that is part of an application for federal funding by various entities that may include the production, transport, and use of clean hydrogen (hydrogen hub project). Section 2 also requires that, in reviewing a clean hydrogen project application, the commission consider whether it is in the public interest for an investor-owned utility to invest in a clean hydrogen project, the potential contribution of the clean hydrogen project in meeting the state's greenhouse gas emission reduction goals, and various other issues. If the clean hydrogen project is proposed to be sited in an area that would affect a disproportionately impacted community, the commission shall analyze the applicant's cumulative impacts analysis and determine whether the clean hydrogen project will have a positive effect on the disproportionately impacted community. Section 2 also requires that an investor-owned utility provide notice to the commission of any application for federal funding as part of a hydrogen hub project. Section 2 also requires an investor-owned utility that operates a clean hydrogen project approved by the commission to submit an annual report that reports various details about the clean hydrogen project to the commission. If the clean hydrogen project includes the use or consumption of clean hydrogen by the investor-owned utility, the investor-owned utility shall also report the lifecycle greenhouse gas emissions rates of the clean hydrogen project separately by each production facility and use. For income tax years commencing on or after January 1, 2024, but before January 1, 2033, section 3 creates a state income tax credit in specified amounts per kilogram of clean hydrogen used for hard to decarbonize end uses, for operating a heavy-duty vehicle, or for aviation (tax credit). Any taxpayer seeking to claim the tax credit must first apply for and receive a tax credit certificate from the office. The tax credit may be claimed for an amount not to exceed $250,000 in a tax year. For the 2023-24 state fiscal year, the act appropriates $360,758 from the public utilities commission fixed utility fund to the department of regulatory agencies for the following uses: $241,532 for use by the commission for personal services; $24,060 for use by the commission for operating expenses; and $95,166, which is reappropriated to the department of law to provide legal services to the department of regulatory agencies. For the 2023-24 state fiscal year, the act appropriates $12,861 from the general fund to the department of revenue, which is reappropriated to the department of personnel for the purchase of document management services. APPROVED by Governor May 22, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act creates the nontoxic bullet pilot program (pilot program), which allows individuals who meet the qualifications to receive vouchers that offset the cost of purchasing hunting rounds that have nonlead bullets. The pilot program will focus on areas where the exposure of wildlife populations to spent lead bullets is of special or potential concern. The division of parks and wildlife (division) will work with one or more willing nongovernmental entities to determine the scope and collect the results of the pilot program. The division may work with nongovernmental entities to develop educational materials and range demonstrations relating to the pilot program. The division is directed to designate an entity to: Educate hunters about the benefits of nontoxic bullets; and Publicize the pilot program, including using hunting brochures and the division's website. The commission may promulgate rules as necessary to implement the pilot program. The pilot program is repealed, effective July 1, 2026. For the 2023-24 state fiscal year, $31,200 is appropriated to the department of natural resources from the wildlife cash fund to implement this act. APPROVED by Governor May 19, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act creates the biochar in oil and gas well plugging working advisory group (work group) in the oil and gas conservation commission (commission). The act also requires Colorado state university (university) to conduct various studies and laboratory work on the use of biochar in the plugging of oil and gas wells and, no later than June 1, 2024, report the results of the studies and laboratory work to the work group. If, based on the report, the work group determines that a pilot program to study the use of biochar in the plugging of oil and gas wells would have a positive impact on the state, the work group must direct the university to make recommendations regarding the development of a pilot program. No later than December 1, 2024, the university must submit a draft report of its recommendations to the work group. No later than December 15, 2024, the university shall, in consultation with the work group, create a final report and submit the final report to the director of the commission. For the 2023-24 state fiscal year, the act appropriates $370,140 from the oil and gas conservation and environmental response fund (fund) to the department of higher education for use by the board of governors of the university for the work group. For the 2023-24 state fiscal year, the act appropriates $5,600 from the fund to the department of natural resources for use by the commission for program costs related to the act. APPROVED by Governor May 18, 2023 EFFECTIVE May 18, 2023 (Note: This summary applies to this bill as enacted.)
The act creates standards (standards) for products that are represented, marketed, or advertised in the state as being capable of undergoing decomposition in a controlled composting system as demonstrated in accordance with applicable international standards for compostable products set by ASTM International (compostable). Effective July 1, 2024: A producer is prohibited from representing a product as compostable unless the product has received certification by a recognized, independent, third-party verification body that the product is compostable (certified compostable); and The product must also comply with specific labeling standards that ensure that the product is easily and immediately distinguishable as certified compostable. Effective January 1, 2024: A producer of a product that is not certified compostable is prohibited from using tinting, color schemes, labeling, or words that are required for products that are certified compostable, except for brand colors or colors used in a manner that is not clearly intended to indicate compostability; A producer of a product that is not certified compostable is prohibited from using labeling, images, or words that could reasonably be anticipated to mislead consumers into believing that the product is compostable; and A producer of a plastic product is prohibited from using any words, labeling, or images that imply that the plastic product will eventually break down, fragment, biodegrade, or decompose in a landfill or other environment. Upon the request of any person, a producer must provide information and documentation demonstrating the producer's compliance with any applicable standards. The department of public health and environment (department), in collaboration with local governments, is required to conduct education and outreach activities to inform the public about the standards. On or before January 1, 2024, the department is required to establish a forum that allows any person to file a complaint against a producer for violation of the standards. For the 2023-24 state fiscal year, the act appropriates $26,250 from the general fund to the department for use by the hazardous materials and waste management division for the solid waste control program. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires the department of public health and environment (department) to study the impacts, benefits, and feasibility of requiring diversion of organic materials from landfills. The organics diversion study (study) must: Incorporate and utilize data contained in the statewide organics management plan and other existing Colorado studies and research from other states; Explore how to leverage existing organics diversion projects in Colorado to inform implementation of broader organics diversion projects across the state; Evaluate the environmental benefits of diversion of organic materials from landfills; Review and identify the infrastructure needed to enable diversion of organic materials from landfills and create a plan for infrastructure development; Create actionable parameters for local governments to use to determine if, where, and what types of organics processing infrastructure is needed and basic toolkits to help local governments build the infrastructure; Outline and recommend policies and regulations that would enable diversion of organic materials from landfills; Assess informational resources necessary to enable diversion of organic materials from landfills; and Identify opportunities for end-market development of organic materials diverted from landfills. On or before August 1, 2024, the department is required to submit a report of the study's research and findings to specified legislative committees of reference. The act authorizes the use of money in the front range waste diversion cash fund and the recycling resources economic opportunity fund to pay for costs associated with conducting the study. APPROVED by Governor May 17, 2023 EFFECTIVE May 17, 2023 (Note: This summary applies to this bill as enacted.)
The act creates the family and community intervener program (program) to support children who are deafblind and their families. The program provides deafblind children the services of an intervener who is specifically trained in deafblindness, building language and communication skills, and intervention strategies with children who are deafblind and their community, families, and environment. The Colorado commission for the deaf, hard of hearing, and deafblind shall contract with an intervener program manager (manager) who has oversight over the program, the intervener activities, and the outcomes for children who are deafblind. The manager and intervener shall collaborate with other state agencies as appropriate that provide direct or indirect services to children who are deafblind and their families to identify potential additional services or opportunities for children who are deafblind. The program is funded through the Colorado telephone users with disabilities fund. For the 2023-24 state fiscal year, $130,092 is appropriated to the Colorado commission for the deaf, hard of hearing, and deafblind cash fund from the Colorado telephone users with disabilities fund. This amount is reappropriated to the department of human services for use by the office of adults, aging, and disability services for the implementation of this act. APPROVED by Governor May 15, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)