The act continues the requirement that an opioid prescriber must adhere to the limitations on prescribing opioids.The act continues the funding for the medication-assisted treatment expansion pilot program for the 2020-21 fiscal year and each year thereafter.The act creates the regional health connector workforce program in the University of Colorado School of Medicine to educate health-care providers on evidence-based and evidence-informed therapies and techniques; provide support and assistance to primary care providers as a link between multiple services to improve community health; assist primary care practices and community agencies in connecting patients with mental health or substance use disorders to support and treatment options; educate health-care providers; and provide clear information to providers and community members about COVID-19.The act expands the Colorado State University AgrAbility project (project) by providing funding for the project's rural rehabilitation specialists to provide information, services, and research-based, stress-assistance information, education, suicide prevention training, and referrals to behavioral health-care services to farmers, ranchers, agricultural workers, and their families to mitigate incidences of harmful responses to stress experienced by these individuals.The act continuously appropriates money to the harm reduction grant program.No later than July 1, 2023, the department of health care policy and financing (HCPF) shall contract with one or more independent review organizations to conduct external reviews requested for review by a medicaid provider when there is a denial or reduction for residential or inpatient substance use disorder treatment and medicaid appeals have been exhausted.No later than October 1, 2021, HCPF shall consult with the office of behavioral health (OBH), residential treatment providers, and managed care entities (MCE) to develop standardized utilization management processes to determine medical necessity for residential and inpatient substance use disorder treatment, which processes must be incorporated into existing MCE contracts no later than January 1, 2022.No later than July 1, 2022, HCPF shall contract with an independent third-party vendor to audit 33% of all denials of authorization for inpatient and residential substance use disorder treatment for each MCE.The act requires the state medical assistance program (medicaid) to include screening for perinatal mood and anxiety disorders for the caregiver of each child enrolled in medicaid in accordance with the health resources and services administration guidelines. The screening must be made available to any caregiver, regardless of whether the caregiver is enrolled in medicaid, so long as the caregiver's child is enrolled in medicaid.No later than July 1, 2023, the Colorado department of human services (CDHS) shall develop a statewide data collection and information system to analyze implementation data and selected outcomes to identify areas for improvement, promote accountability, and provide insights to continually improve child and program outcomes.The act requires CDHS, in collaboration with the department of agriculture, to contract with a nonprofit organization primarily focused on serving agricultural and rural communities in Colorado to provide vouchers to individuals living in rural and frontier communities in need of behavioral health-care services.The act creates the county-based behavioral health grant program in OBH to provide matching grants to county departments of human or social services for the expansion or improvement of local or regional behavioral health disorder treatment programs. The grant program repeals July 1, 2023.The act creates the behavioral health-care workforce development program in OBH to increase the behavioral health-care workforce's ability to treat individuals, including youth, with severe behavioral health disorders.No later than August 1, 2021, CDHS shall develop a program to provide emergency resources to licensed providers to help remove barriers such providers face in serving children and youth whose behavioral or mental health needs require services and treatment in a residential child care facility.The act requires CDHS, in collaboration with HCPF, to develop a statewide care coordination infrastructure to drive accountability and more effective behavioral health navigation to care that builds upon and collaborates with existing care coordination services.The act requires the center for research into substance use disorder prevention, treatment, and recovery support strategies to engage in community engagement activities to address substance use prevention, harm reduction, criminal justice response, treatment, and recovery.The act continues the building substance use disorder treatment capacity in underserved communities grant program indefinitely.The act requires the perinatal substance use data linkage project to utilize data from multiple state-administered data sources when examining certain issues related to pregnant and postpartum women with substance use disorders and their infants.No later than January 1, 2022, OBH shall use a competitive selection process to select a recovery residence certifying body to certify recovery residences and educate and train recovery residence owners and staff on industry best practices.The act requires OBH to establish a program to provide temporary financial housing assistance to individuals with a substance use disorder who have no supportive housing options when the individual is transitioning out of a residential treatment setting and into recovery or receiving treatment for the individual's substance use disorder.The act creates the recovery support services grant program for the purpose of providing recovery-oriented services to individuals with a substance use disorder or co-occurring substance use and mental health disorder.The act removes the requirement that the office of ombudsman for behavioral health access to care (office) enter into a memorandum of understanding with CDHS and subjects the office to state personnel and fiscal rules.The act continues the appropriation to the maternal and child health pilot program indefinitely.The act continues the program to increase public awareness concerning the safe use, storage, and disposal of opioids and the availability of naloxone and other drugs used to block the effects of an opioid overdose.The act requires a correctional facility or private contract prison to offer a person in custody, upon release from the facility, at least 2 doses of an opioid reversal medication and education about the appropriate use of the medication.The act removes municipal, county, or fire program district fire stations from the definition of "safe station" as it relates to the disposal of controlled substances.The act requires the opioid and other substance use disorders study committee to meet in the 2022 interim rather than the 2021 interim.The act requires the university of Colorado school of medicine to provide practice consultation services and stipends to health-care providers who are eligible to provide medication for opioid use disorder.The act creates the behavioral and mental health cash fund which consists of $550 million the state received from the federal "American Rescue Plan Act". The act requires the executive committee of the legislative council to create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and governor on policies to create transformational change in the area of behavioral health.The act appropriates additional one-time money to the Colorado health service corps fund from the money received from the federal "American Rescue Plan Act".The act adds services for families with behavioral health needs as an allowable use for the high-risk families cash fund.The act continues the harm reduction grant program and the maternal and child health pilot program indefinitely.The act appropriates state money and money received by the "American Rescue Plan Act" to various state departments for certain behavioral health-related programs.(Note: This summary applies to this bill as enacted.)
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The act allows the division of housing within the department of local affairs to use the housing development grant fund for rental assistance, tenancy support service programs, and awarding grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties to provide noncongregate sheltering or affordable housing for people experiencing homelessness. The act expands those who are eligible to benefit from the rental assistance and tenancy support programs to include individuals experiencing homelessness.The act transfers $30 million from the affordable housing and home ownership cash fund to the housing development grant fund for the funding of rental assistance and tenancy support programs related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties, and the awarding of grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties. The act also transfers $15 million from the general fund to the affordable housing and home ownership cash fund.Additionally, the act requires the department of local affairs, during its annual report to the assigned committee of reference, to report on the rental and tenancy support service programs provided by the division of housing related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.Finally, the act further expands the permissible use of the housing development grant fund to allow the awarding of grants to nonprofit organizations for the issuance of direct assistance to individuals who are currently experiencing financial need and are not eligible for certain other types of assistance. The act transfers $15 million from the general fund to the housing development grant fund for this purpose and requires the state treasurer to transfer all unexpended and unencumbered money that is transferred to the fund for this purpose to the general fund on June 30, 2022.(Note: This summary applies to this bill as enacted.)
Section 1 of the act requires owners of certain large buildings (covered buildings), on an annual basis, to collect and report to the Colorado energy office (office) the covered building's energy use. The act establishes a process requiring certain electric and gas utilities to provide energy-use data to a covered building owner when requested by the covered building owner.On or before October 1, 2021, the director of the office is required to appoint and convene a task force consisting of various building owners, building professionals, utility representatives, and local government representatives to recommend performance standards for adoption as rules by the air quality control commission (commission). The performance standards set forth in rule would need to achieve a reduction in greenhouse gas emissions of 7% by 2026 compared to 2021 levels as reported in energy benchmarking data and by 20% by 2030 compared to 2021 levels. The performance standards adopted must include a provision that an owner of a public building need only comply with the performance standards with regard to certain types of construction or renovation projects and only if the construction or renovation project has an estimated cost of at least $500,000. Covered building owners would then need to demonstrate their compliance with the performance standards set forth in the commission's rules. The commission is also required to adopt rules regarding the issuance of waivers and extensions of time for performance standard compliance. The commission may adopt additional rules, as the commission deems necessary, to modify or continue the performance standards.Section 2 authorizes the office to use the energy fund to help finance its work to administer the benchmarking and performance standard program described in section 1 (program).Section 3 requires the office to administer the program and assist covered building owners with the reporting requirements set forth in section 1 by:Creating a database of covered buildings and owners required to comply with section 1; Tracking compliance with the program and providing a list of noncompliant owners of covered buildings to the division of administration in the department of public health and environment; Developing publicly available, digitally interactive maps and lists showing the energy-use and performance-standard data reported; Coordinating with any local government that implements its own energy benchmarking requirements or energy performance program, including coordination of reporting requirements; and Collecting an annual fee from owners of covered buildings of $100 per covered building; except that owners of public buildings are exempt from paying the fee. The office is required to transfer the fees collected to the state treasurer, who will credit the fees to the climate change mitigation and adaptation fund (fund) created in section 3. Section 4 imposes penalties for violations of the benchmarking requirements in amounts up to $500 for a first violation and up to $2,000 for each subsequent violation. The commission is required to establish by rule civil penalties for a violation of the commission's performance standards in an amount not to exceed $2,000 for a first violation and $5,000 for a subsequent violation.Section 5 modifies the definition of an "energy performance contract" that a governing body of a municipality, county, special district, or school district (board) enters into for evaluation, recommendations, or implementation of energy saving measures to remove requirements that a board's payment for goods and services pursuant to the contract be made within a certain number of years of the contract's execution.(Note: This summary applies to this bill as enacted.)
The act continues the prescription drug monitoring program (program) indefinitely.Additionally, the act:Authorizes the state board of pharmacy (board) to promulgate rules that identify a list of prescription drugs that are not currently listed as controlled substances and require such drugs to be tracked through the program; Authorizes each coroner to authorize deputy coroners to access the program; Authorizes the board to create a data retention schedule for information obtained and stored by the program; Eliminates the requirements that the board seek gifts, grants, and donations in order to maintain the program and report annually to committees of reference of the general assembly on the gifts, grants, and donations; and Makes a technical change to remove a reference to the department of health care policy and financing from the statute as that department does not have access to the program.(Note: This summary applies to this bill as enacted.)
The act modifies the required procedures relating to a person's firearms or ammunition following the issuance of a protection order that includes an act of domestic violence when it involved the threat, use, or attempted use of physical force.The act requires a person to complete an affidavit, which must be filed in the court record within 7 business days after a protection order is issued against the person, stating the number of firearms, the make and model of each firearm, any reason the person is still in immediate possession or control of such firearm, and the location of all firearms in the person's immediate possession or control. If the person does not possess a firearm at the time the order is issued, the person shall indicate such nonpossession in the affidavit.The act requires the court to conduct a compliance hearing not less than 8 but not more than 12 business days after the issuance of a protection order to ensure the person has completed the affidavit. For criminal cases, the court may consider the issue in other proceedings before the court and the hearing is considered a court action involving a bond reduction or modification. Information compelled or any information directly or indirectly derived from testimony, the affidavit, or other information shall not be used against a defendant in any criminal case, except for prosecution of perjury.The act excludes legal holidays and weekends from the current time frame a person has to relinquish a firearm. The act allows a court to grant a person an additional 24 hours to relinquish a firearm if the person is unable to comply with the required time frame of relinquishment.The act requires a federally licensed firearms dealer, law enforcement agency, or private party to issue a signed declaration memorializing the sale or transfer of the firearm.The act allows a law enforcement agency to enter into an agreement with any other law enforcement agency or storage facility for the storage of transferred firearms or ammunition. The act requires a law enforcement agency that elects to store a firearm or ammunition to obtain a search warrant to examine or test the firearm or ammunition or facilitate any criminal investigation if the law enforcement agency has probable cause to believe the firearm or ammunition has been used in the commission of a crime, is stolen, or is contraband.The act prohibits the person from transferring the firearm to a private party living in the same residence as the person at the time of transfer. The act prohibits a private party from returning a firearm to the person until the private party receives a written statement of the results of the background check conducted by the Colorado bureau of investigation authorizing the return of the firearm to the person.Current law requires a copy of the written receipt and the written statement of the criminal background check to be filed with the court as proof of relinquishment at the same time the person files the signed affidavit. The act requires the signed declaration to be filed with the court instead of the receipt. Both the signed declaration and written statement are only available for inspection by the court and the parties to the proceeding.A federally licensed firearms dealer, law enforcement agency, storage facility, or private party that elects to store a firearm is not civilly liable for any resulting damages to the firearm, as long as such damage did not result from the willful and wrongful act or gross negligence of the person or agency storing the firearm.The act appropriates $101,050 to the judicial department to implement the act.(Note: This summary applies to this bill as enacted.)
The act requires a licensed gun dealer to obtain approval for a firearms transfer from the Colorado bureau of investigation (bureau) prior to transferring a firearm.The act prohibits the bureau from approving the transfer of a firearm to a person who was convicted of specified misdemeanor offenses. The bureau is also prohibited from approving a firearms transfer until it determines that its background investigation is complete and that the transfer would not violate federal prohibitions on firearms possession or result in a violation of state law.A person may be denied a firearms transfer if there has not been a final disposition in criminal proceedings for certain offenses for which the prospective transferee, if convicted, would be prohibited from purchasing, receiving, or possessing a firearm. The act permits continued denial of the transfer when the bureau is unable to obtain the final disposition of a case that is no longer pending.A person who has been denied a firearms transfer following a background check can appeal the denial. The act establishes a 60-day deadline for the bureau to review background check records that prompted the denial and render a final administrative decision regarding the denial.(Note: This summary applies to this bill as enacted.)
Current law does not include the definitions "public assistance" and "medical assistance" relating to death reimbursements for funeral, cremation, and burial expenses for deceased public assistance or medical assistance recipients. The act adds the definitions "public assistance" and "medical assistance" to clarify who qualifies as a public assistance or medical assistance recipient.Current law authorizes death reimbursements for a person who has applied or was eligible for public benefits. The act requires the person to be receiving the public benefits at the time of death.(Note: This summary applies to this bill as enacted.)
The act addresses concerns related to child care providers (providers) that are operating without a valid license or are exempt from licensure, including:Adding a requirement for the state department of human services (department) to include the names and locations of cease-and-desist orders that have been issued against a child care provider on the department's child care provider website (website) that is accessible to the public; Adding an additional requirement for the department to post on its website the name and location of any provider operating outside the allowed exemptions and to whom one or more cease-and-desist order has been issued. The information posted must include name, location, and total number of cease-and-desist orders issued to the same provider. Establishing that a person operating a facility, whether licensed or exempt from licensure, that has received a cease-and-desist order from the department or a county department and who fails to cure the violation cited by the department or a county department in the allotted period is guilty of a petty offense; Revising and increasing the language related to civil penalties and fines for persons operating a facility, whether licensed or exempt from licensure; and Clarifying that those petty offenses count toward the withholding of Colorado child care assistance program money for family child care home providers. In honor and memory of Elle Matthews, the act names section 26-6-112 of the Colorado Revised Statutes the "Elle Matthews Act for Increased Safety in Child Care".For the 2021-22 state fiscal year, $83,375 is appropriated to the department of human services for use by the office of early childhood. This appropriation is from federal child care development funds. To implement the act, the office may use the appropriation for child care licensing and administration.(Note: This summary applies to this bill as enacted.)
The act continues for June 2021, July 2021, and August 2021 a temporary deduction from state net taxable sales for qualifying retailers in the alcoholic beverages drinking places industry, the restaurant and other eating places industry, and the mobile food services industry in the state in order to allow such qualified retailers to retain the resulting sales tax collected as assistance for lost revenue as a result of the economic disruptions due to the presence of coronavirus disease 2019 (COVID-19) in Colorado.The act also expands the definition of qualifying retailers to include those in the catering industry, the food service contractors industry, and the hotel-operated restaurant, bar, or catering service.(Note: This summary applies to this bill as enacted.)
For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which: Continues the Colorado civil rights division (division) and the Colorado civil rights commission (commission) indefinitely; Directs the division to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism; Allows an employment discrimination claim to be brought in any court of competent jurisdiction in the county or district where the alleged discriminatory or unfair employment practice occurred; and allows an individual to file a civil action, without otherwise exhausting administrative proceedings and remedies, as long as the individual either files a charge with the Colorado civil rights commission (commission) or serves a written demand for the relief on the individual's employer and allows the employer 14 days to respond; Directs the division to develop and provide to employers, free of charge, training and education programs regarding the prevention of harassment and discrimination in the workplace, bystander intervention, and workplace civility; Expands the definition of "employee" to include individuals in domestic service individuals who perform a service for a price, including independent contractors, subcontractors, and their employees; and individuals who offer services or labor without pay and specifies that an individual performing services for pay for another is deemed an employee unless, by a preponderance of the evidence, it is proven that the individual satisfies the conditions under the state wage law for a determination that the individual is not an employee; Adds a requirement that a written, electronic, or oral agreement or contract under which a person performs services for another must require that the person for whom the services are performed shall not engage in any discriminatory or unfair employment practice with respect to the individual performing the services ; Adds new definitions of "caregiver", "care recipient", "child", "minor child", and "harass" or "harassment" "hostile work environment", and "independent contractor" and repeals the current definition of "harass" that requires creation of a hostile work environment; Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status" or "caregiver status"; Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice, and an employer has an affirmative defense to the claim if the employer demonstrates that, when the employer knew or should have known of the harassment, the employer took prompt, reasonable, and, if warranted, remedial action to end the harassment, deter future harassers, and protect employees; Specifies that it is a discriminatory or unfair employment practice for an employer to fail to initiate an investigation of a complaint or fail to take prompt , reasonable, and, if warranted, remedial action; if appropriate; Specifies the requirements for an employer to avoid liability when an employee proves that a supervisor unlawfully harassed that employee;Prohibits certain preemployment medical examinations, imposes limitations on inquiries and examinations about an employee's disability during employment, and specifies that violations of these prohibitions and limitations constitute discriminatory or unfair employment practices; Expands the time limit to file a charge with the commission from 6 months to 300 days after the alleged discriminatory or unfair employment practice occurred; Repeals the limits on remedies in cases involving age discrimination; Limits the ability of an employer to require confidentiality of claims once a charge is filed with the commission Specifies requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and employee to be enforceable; voids a nondisclosure provision if a party makes a material misrepresentation; and requires the division to provide to a charging party other charges filed with the division against the same respondent; and Requires employers with 20 or more employees to provide and maintain records of training and education to all employees regarding harassment and discrimination prevention, bystander intervention, and workplace civility, encourages other employers to provide the training and education, and authorizes the division director to impose penalties on employers that fail to comply with the training and recordkeeping requirements. The bill appropriates the following amounts to the following departments to implement the bill: $539,292 and 6.0 FTE to the department of corrections; $71,905 and 0.8 FTE to the department of education; $134,823 and 1.5 FTE to the office of the governor; $22,471 and 0.5 FTE to the department of health care policy and financing; $449,410 and 5.0 FTE to the department of human services; $449,410 and 5.0 FTE to the judicial department; $107,858 and 1.2 FTE to the department of labor and employment; $401,180 and 2.5 FTE to the department of law; $134,823 and 1.5 FTE to the department of natural resources; $630,465 and 1.5 FTE to the department of personnel; $125,835 and 1.4 FTE to the department of public health and environment; $161,788 and 1.8 FTE to the department of public safety; $652,879 and 9.7 FTE to the department of regulatory agencies; $134,823 and 1.5 FTE to the department of revenue; and $269,646 and 3.0 FTE to the department of transportation. (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.)