The bill creates 2 emergency relief grant programs to allow the state to allocate and quickly distribute money to existing licensed and start-up child care providers (providers) in Colorado. The child care sustainability grant program (sustainability program) is created in the department of human services (department). The purpose of the sustainability program is to provide financial support to licensed providers in Colorado, including those that are in danger of closing as a result of the COVID-19 public health emergency. The department shall develop a formula, criteria, and timeline to allocate grants to eligible providers. A grant award from the sustainability program must range from at least $500 to no more than $35,000. A licensed provider's child care capacity is a key criteria in determining the amount of the grant award. The department shall determine grant award amounts for eligible providers as soon as possible, but no later than January 31, 2021, and distribute the money for grant awards no later than February 28, 2021. The emerging and expanding child care grant program (expansion program) is created in the department. The purpose of the expansion program is to expand access and availability of licensed providers throughout Colorado. The intent of the expansion program is to provide financial assistance to new or existing providers. A grant award from the expansion program must range from at least $3,000 to no more than $50,000. A grant award from the expansion program may be used for costs associated with expansion of an existing provider or to assist with the creation of a new child care program. Costs may include staff training, background check fees, cleaning supplies, educational supplies, and capital or facility improvement costs. The department shall begin the grant award process on or before January 31, 2021. The bill makes an appropriation. (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.)
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The act establishes that a person engages in a deceptive trade practice if the person, within 180 days following the declaration of a disaster or disaster emergency by the president of the United States or the governor of the state and in the geographic area for which the disaster was declared, sells, offers for sale, provides, or offers to provide any of the following at a price so excessive as to amount to price gouging: Building materials; Consumer food items; Emergency supplies; Fuel; Medical supplies; Other necessities; Repair or reconstruction services; Transportation, freight, or storage services; or Services used in an emergency cleanup. A price is not unreasonably excessive if the seller can prove that, due to events that gave rise to the disaster declaration, the price is attributable to additional costs imposed on the seller by the seller's supplier or suppliers or other direct costs of providing the good or service sold or offered for sale. (Note: This summary applies to this bill as enacted.)
In 2019, the general assembly created the Colorado secure savings board (board) in the office of the state treasurer to study the costs to the state of insufficient retirement savings and 3 approaches to increasing retirement savings in Colorado. The board found that a state-facilitated automatic enrollment individual retirement account program is the best option for Colorado and recommended the establishment of such a program, coupled with the greater use of financial education tools in the state. In furtherance of the board's recommendation, the act directs the board to create and implement the Colorado secure savings program (program). The act specifies the powers and duties of the board in connection with the creation and administration of the program and updates the criteria to which the board is required to adhere in developing the program. The board is required to adopt rules regarding enrollment in the program, contributions to and withdrawals from program accounts, the process for employer exemptions from offering the program, and required disclosures. The act creates the Colorado secure savings program fund in the state treasury to consist of money appropriated by the general assembly, money transferred to the fund by the federal government, money from fees and penalties in connection with the program, any gifts, grants, or donations made to the fund, and any gifts, grants, donations, or investments made to the state treasurer. The state treasurer may solicit gifts, grants, donations, or investments not required to be repaid, from public or private sources to cover the costs associated with the administration of the program. All individual account information for accounts under the program is confidential and may not be disclosed except under specified circumstances. For the 2020-21 state fiscal year, the general fund appropriation made in the annual general appropriation act to the office of the governor for use by the office of information technology for applications administration is decreased by $1,197,552. The same amount is appropriated from the general fund to the department of the treasury for the implementation of the act. Any money appropriated that is not expended prior to July 1, 2021, is further appropriated to the department for the 2021-22 state fiscal year for the same purpose. (Note: This summary applies to this bill as enacted.)
The act: Requires a carrier that provides coverage for opiate antagonists to reimburse a hospital if the hospital provides a covered person with an opiate antagonist upon discharge; Requires a pharmacist who dispenses a prescription for an opioid to notify the individual to whom the opioid is being dispensed about the availability of an opiate antagonist; Allows a pharmacist or pharmacy technician to sell a nonprescription syringe or needle to any person and exempts pharmacists and pharmacy technicians who sell nonprescription syringes or needles from the drug paraphernalia criminal statutes; Extends civil and criminal immunity for a person who acts in good faith to furnish or administer an opiate antagonist to an individual the person believes to be suffering an opiate-related drug overdose when the opiate antagonist was expired; and Allows a nonprofit organization to operate a clean syringe exchange program without local board of health approval and requires the nonprofit organization to annually report specified information to the department of public health and environment.(Note: This summary applies to this bill as enacted.)
The act requires insurance carriers to provide coverage for the treatment of substance use disorders in accordance with the American society of addiction medicine (ASAM) criteria for placement, medical necessity, and utilization management determinations in accordance with the most recent edition of the ASAM criteria. The act also authorizes the commissioner of insurance, in consultation with the department of human services (DHS) and the department of health care policy and financing, to identify by rule alternate nationally recognized substance-use-disorder-specific treatment criteria if the ASAM criteria are no longer available, relevant, or reflect best practices. These provisions apply to health benefits plans issued or renewed on or after January 1, 2022. The act prohibits managed service organization contracted providers; withdrawal management services; and recovery residences from denying access to medical or substance use disorder treatment services, including recovery services, to persons who are participating in prescribed medication-assisted treatment for substance use disorders. In addition, the act prohibits courts and parole, probation, and community corrections from prohibiting the use of prescribed medication-assisted treatment as a condition of participation or placement. The act requires managed care entities to provide coordination of care for the full continuum of substance use disorder and mental health treatment and recovery services, including support for individuals transitioning between levels of care. The act authorizes the commissioner of insurance, in consultation with the department of public health and environment (CDPHE), to promulgate rules, or to seek a revision of the essential health benefits package, for prescription medications for medication-assisted treatment to be included on insurance carriers' formularies. The act requires insurance carriers to report to the commissioner of insurance on the number of in-network providers who are licensed to prescribe medication-assisted treatment for substance use disorders, including buprenorphine, and the number of prescriptions for medication-assisted treatment filled by enrollees. Further, insurance carriers shall report on the carrier's efforts to ensure sufficient capacity for and access to medication-assisted treatment. The act requires the commissioner of insurance to promulgate rules concerning the reporting. The act requires insurance carriers to provide coverage for at least one opiate antagonist. The act consolidates part 1 of article 82 of title 27, Colorado Revised Statutes, relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of drugs into the existing part 1 of article 81 of title 27 relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of alcohol use disorders, in order to create a single process that includes all substances. The new scope of part 1 of article 81 of title 27 includes both alcohol use disorder and substance use disorder under the defined term "substance use disorder".The amendments and additions to part 1 of article 81 of title 27 include: Defining "administrator" to include an administrator's designee; Adding a definition of "incapacitated by substances" to include a person who is incapacitated by alcohol or incapacitated by substances; Changing terminology throughout that refer to "substances" to include both alcohol and drugs; Adjusting the duration of the initial involuntary commitment from 30 days to up to 90 days; Allowing a person to enter into a stipulated order for committed treatment, expediting placement into treatment; Removing the mandatory hearing for the initial involuntary commitment but allowing a person to request a hearing if the person does not want to enter into a stipulated order for committed treatment; Incorporating in statute "patient's rights" relating to civil commitment; Using person-centered language throughout the statutory process; and Relocating the existing opioid crisis recovery funds advisory committee from article 82 in title 27 to article 81 in title 27. In addition, the act amends statutory references, including several in the professional licensing statutes in title 12, Colorado Revised Statutes, to remove references to both alcohol use disorder and substance use disorder as grounds for professional discipline, and replaces those terms with the single term "substance use disorder", which the act now defines in article 81 of title 27 to include both drugs and alcohol. The act also amends statutory references to provisions in part 2 of article 82 of title 27, which the act repeals and replaces those references with a new reference to the relevant provisions in article 81 of title 27. (Note: This summary applies to this bill as enacted.)
The act prohibits a principal, which includes an employer, certain labor contractors, public employers, and entities that contract with 5 or more independent contractors, from discriminating, retaliating, or taking adverse action against any worker who: In good faith, raises any concern about workplace health and safety practices or hazards related to a public health emergency to the principal, the principal's agent, other workers, a government agency, or the public if the workplace health and safety practices fail to meet guidelines established by a federal, state, or local public health agency with jurisdiction over the workplace; Voluntarily wears at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves, under specified circumstances; or Opposes a practice the worker reasonably believes is unlawful or makes a charge, testifies, assists, or participates in an investigation, proceeding, or hearing of alleged unlawful acts. Additionally, a principal is prohibited from requiring or attempting to require a worker to sign a contract or other agreement that limits or prevents the worker from disclosing information about workplace health and safety practices or hazards related to a public health emergency. A worker who knowingly discloses false information or discloses information with reckless disregard for the truth or falsity of the information is not protected under the act. A person may seek relief by: Filing a complaint with the division of labor standards and statistics (division) in the department of labor and employment; Bringing an action in district court, after exhausting administrative remedies; or Bringing a whistleblower action in the name of the state in district court, after exhausting administrative remedies. The division is authorized to adopt rules necessary to implement the act. $270,153 is appropriated to the department of labor and employment from the employment support fund, of which $206,193 is allocated for use by the division for enforcement of worker's rights related to a public health emergency, based on the assumption that the division will require an additional 2.5 FTE, and $63,960 is reappropriated to the department of law for legal services. (Note: This summary applies to this bill as enacted.)
The act directs the state board of human services (state board) in the department of human services (DHS) to establish licensing standards that will allow an early care and education program to be licensed for a period of time determined by the state board if one or more early childhood educators have pursued DHS-approved early childhood credentials but have not yet completed the credential and other state-board-determined quality, safety, and supervision conditions are met. The state board shall also promulgate rules allowing an early childhood educator to earn points toward an early childhood credential based on the candidate's prior experience and demonstrated competency. DHS and the department of education (CDE) shall streamline and align the early childhood professional credential, child care program licensing, and educator licensing to make requirements clear and consistent and to reduce the administrative and paperwork burden relating to credentialing and licensing of early childhood educators. DHS shall analyze and prepare a written report every year, starting in 2022, concerning Colorado's current supply of qualified early childhood educators. DHS, CDE, and the department of higher education shall direct resources to support concurrent enrollment opportunities and career pathways for high school students and other nontraditional students interested in earning college credit toward becoming an early childhood educator. The act authorizes DHS to provide technical assistance and financial incentives to programs that are rated at a level one or 2 in the Colorado shines system to support the programs in advancing to a level 3 or higher quality level, and to programs at a level 3, 4, or 5 to support the programs in maintaining a high-quality level or advancing to a higher quality level. The early childhood council (council) may support DHS by providing local community outreach and engagement strategies. A council seeking school-readiness quality improvement funding must describe how the council will target and recruit programs that are rated at a level one or higher and target and recruit programs to increase access and availability of quality care. The act directs DHS to design, implement, and operate a statewide voluntary program of early childhood mental health consultation (program) by July 1, 2022. The purpose of the program is to support mental health care across the state in a variety of early childhood settings and practices. Specifically, the program must be designed to increase the number of qualified and appropriately trained early childhood mental health consultants (mental health consultants) for on-site consultations and to utilize the mental health consultants, through on-site visits, to support a variety of early childhood settings and practices from the prenatal period through 8 years of age. The program must also include a model of consultation for mental health consultants (model) that includes job qualifications and expectations, expected outcomes, and guidance on ratios of mental health consultants and the settings they support. Further, the model must include standards and guidelines for mental health consultants developed from evidence-based programs and a professional development plan for mental health consultants. (Note: This summary applies to this bill as enacted.)
The act: Continues the opioid and other substance use disorders study committee (committee) for an additional 4 years, meeting every other year beginning in 2021; In addition to the existing areas of study, for the 2021 interim, requires the committee to study the relationship between mental health conditions and substance use disorders and the effect of COVID-19 on substance use disorders; Requires the state substance abuse trend and response task force to convene stakeholders for the purpose of generating policy recommendations related to opioid and other substance use disorders and reviewing progress on bills introduced by the committee and passed by the general assembly; Modifies how child abuse, neglect, or dependency is determined in situations involving alcohol or substance exposure; and Authorizes the statewide perinatal substance use data linkage project to conduct ongoing research related to the incidence of perinatal substance exposure or related infant and family health and human service outcomes based on the new standards for determining child abuse, neglect, or dependency when alcohol or substance exposure is involved. $74,620 is appropriated from the general fund to the department of human services and reappropriated to the department of law to purchase legal services. The appropriation to the office of the governor, for use by the office of information technology for applications administration, is reduced by $74,620. (Note: This summary applies to this bill as enacted.)
The act appropriates money from the cares subfund in the general fund to the department of human services, the department of public health and environment, the department of higher education, and the department of law for behavioral health programs and services that were not accounted for in the state budget most recently approved as of March 27, 2020, and are necessary to respond to the COVID-19 public health emergency. All of the appropriations must be expended on or before December 30, 2020. (Note: This summary applies to this bill as enacted.)
Early Childhood and School Readiness Legislative Commission. The bill directs the department of human services (department) to design, implement, and operate a statewide program of early childhood mental health consultation (program). The purpose of the program is to support mental health care across the state in a variety of early childhood settings and practices. Specifically, the program must be designed to: Increase the number of qualified and appropriately trained early childhood mental health consultants (mental health consultants) for on-site consultations; and Utilize the mental health consultants, through on-site visits, to support a variety of early childhood settings and practices from the prenatal period through 8 years of age. The program must also include a: Model of consultation for mental health consultants (model) that includes job qualifications and expectations, expected outcomes, and guidance on ratios of mental health consultants and the settings they support. The model must include standards and guidelines for mental health consultants developed from evidence-based programs. Professional development plan for mental health consultants; Certification process for mental health consultants; and A published list of certified mental health consultants. The bill requires the department to actively collect data related to the program and make regular reports on the program to the joint budget committee of the general assembly and as part of its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing. The department, in collaboration with the department of health care policy and financing, is directed to explore additional funding options for the program. (Note: This summary applies to this bill as introduced.)