Home care agencies - department to request increase in federal reimbursement rate for certain services - minimum wage - wage pass-through requirement - training - appropriation. The act requires the department of health care policy and financing (department) to request from the federal government an increase of 8.1% in the reimbursement rate for certain services delivered to consumers through the home- and community-based services waivers. For the 2019-20 fiscal year, each home care agency (agency) shall pay 100% of the funding that results from the rate increase as compensation for employees who provide personal care services, homemaker services, and in-home support services (covered services) to consumers. For the 2020-21 fiscal year, each agency shall pay 85% of the funding that results from the rate increase as compensation for employees who provide covered services to consumers. Within 60 days after the request for an increase in the reimbursement rate is approved, each agency shall provide written notice to each nonadministrative employee who provides covered services of the compensation to which the employee is entitled. The act states that on and after July 1, 2020, the hourly minimum wage for persons who provide covered services for which an agency may receive reimbursement pursuant to the "Colorado Medical Assistance Act" is $12.41 per hour. Each agency shall track and report how it used any funding resulting from the rate increase using a reporting tool developed by the department. The department may recoup from an agency part or all of the funding resulting from the rate increase if the department determines that the agency: Did not use 100% of any funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2019-20 fiscal year; Did not use 85% of the funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2020-21 fiscal year; or Failed to track and report how it used any funds resulting from the increase in the reimbursement rate. The act requires the department and the department of public health and environment, in consultation with stakeholders, on or before January 1, 2020, to establish a process for reviewing and enforcing initial and ongoing training requirements for persons who provide covered services. The act appropriates $5,682,377 to the department to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Sponsored bills
Apprenticeship resource directory - creation - appropriation. The act requires the department of labor and employment (department) to create the Colorado state apprenticeship resource directory. The department is required to collect detailed information on each apprenticeship program in the state, including the application process, costs, program outcomes, and requirements for enrollment. The department is required to promote the availability of the directory. $25,507 is appropriated to the department from the general fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules. The act removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act. The act allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is not based on wage rate history and is based upon one or more of the following factors, so long as the employer applies the factors reasonably and they account for the entire wage rate differential: A seniority system; A merit system; A system that measures earnings by quantity or quality of production; The geographic location where the work is performed; Education, training, or experience to the extent that they are reasonably related to the work in question; or Travel, if the travel is a regular and necessary condition of the work performed. The act prohibits an employer from: Seeking the wage rate history of a prospective employee or requiring disclosure of wage rate as a condition of employment; Relying on a prior wage rate to determine a wage rate; Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; Discharging or retaliating against an employee for actions by an employee asserting the rights established by the act against an employer; or Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate. The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation. Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim. (Note: This summary applies to this bill as enacted.) Read More
Registration - special license plates - professional fire fighters - appropriation. The act creates a Colorado professional fire fighters license plate. To be issued the plate, a qualified applicant must pay 2 one-time $25 fees and make a donation to a nonprofit organization selected by the department of revenue. To implement the act, $56,364 is appropriated to the department of revenue. (Note: This summary applies to this bill as enacted.) Read More
Motor vehicle registration - license plates - women veterans - appropriation. The act creates a license plate to honor women veterans of the United States armed forces. To be issued the plate, an applicant must pay 2 one-time $25 fees. To implement the act, $14,771 is appropriated to the department of revenue from the license plate cash fund and the Colorado DRIVES vehicle services account. (Note: This summary applies to this bill as enacted.) Read More
Theft - wages - failure to pay wages - paying less than the minimum wage. The act defines wage theft as theft, which is a felony when the theft is of an amount greater than $2,000. The act adds refusing to pay wages or compensation with the intent to coerce a person who is owed wages as conduct that constitutes wage theft. The act removes the exemption from criminal penalties for an employer who is unable to pay wages or compensation because of a chapter 7 bankruptcy action or other court action resulting in the employer having limited control over his or her assets. The act defines "employee" as any person who performs labor or services for the benefit of an employer and provides factors that are relevant for determining whether a person is an employee. The act defines "employer" as having the same meaning as set forth in the federal "Fair Labor Standards Act" and specifically includes foreign labor contractors and migratory field labor contractors or crew leaders in the definition. The act defines intentionally paying a wage less than the minimum wage as theft, which is a felony when the theft is of an amount greater than $2,000. (Note: This summary applies to this bill as enacted.) Read More
Sign language interpreters - title protection - certification - appropriation. The act adds "translator" and "certified translator" for sign language to the list of titles that a person certified by the Registry of Interpreters for the Deaf, Inc., may use. The act also authorizes the Colorado commission for the deaf, hard of hearing, and deafblind to approve certifications of sign language interpreters to use the mentioned titles. $19,440 is appropriated from the Colorado telephone users with disabilities fund to the department of human services to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Consumer insurance council - recreation - membership - meetings - expense reimbursement - sunset review. The act recreates and reenacts the consumer insurance council and its duties and responsibilities, as they existed prior to the repeal of the council on July 1, 2018, with the following modifications: The council's authority to issue annual consumers' choice awards to health insurers is not reenacted; The council is to consist of at least 6 members and not more than 15 members, consumers not engaged in the insurance industry may serve on the council, the council is to reflect the state's demographic diversity in addition to geographic diversity but need not include representation from each congressional district in the state, and the commissioner is to timely appoint members to the council; Members are to be reimbursed for actual and necessary expenses incurred in traveling to and from council meetings, including any required dependent care and dependent or attendant travel, food, and lodging expenses; The council is to meet quarterly and may request to meet up to 4 more times per year; and The council is authorized to submit recommendations to the commissioner, and the commissioner is required to timely respond to council recommendations. The council is scheduled for sunset review and repeal on September 1, 2029. (Note: This summary applies to this bill as enacted.) Read More
Beginning October 1, 2019, before entering into a professional services contract with personnel costs of $200,000 or more, school districts are required to: Conduct a cost-benefit analysis of contracting for the services rather than using district personnel to perform the services, to be completed prior to making a recommendation to contract for services; Hold at least one public hearing conducted by the school district prior to soliciting bids to provide professional services and before entering into a contract for professional services; Allow competitive bidding for the contract; Review of all bids in a regularly scheduled school board meeting, unless a special meeting is authorized; and Provide an opportunity for affected employees to counter the competitive bid. The bill defines the types of professional services to which the contract requirements apply and excludes educational services and professional services procured in the normal course of business for school construction. The contract requirements do not apply to a small rural school district, board of cooperative services, time-limited contract that the school district enters into because of an emergency, or the renewal of an existing contract entered into before October 1, 2019. The bill also requires a contractor for a contract in any dollar amount to provide proof of liability insurance equivalent in amount and scope with that provided by the school district for the contracting activity. Further, a school district shall not enter into a contract for professional services with a contractor that has committed unfair labor practices within the 5 years preceding the date that bids are solicited. In addition, the school district shall not enter into a contract that takes effect prior to the expiration of an existing collective bargaining agreement concerning the employees impacted by the new contract. The contractor may offer available employee positions to the existing employees. (Note: This summary applies to this bill as introduced.) Read More
Food safety - produce - regulation - continuation under sunset law. The act establishes a state law to implement federal regulations regarding produce safety on farms. To implement this, the act: Authorizes the commissioner of agriculture to enter into a cooperative agreement with the United States food and drug administration and seek, accept, and expend federal funds; Authorizes the commissioner to cease implementing the state law if the commissioner does not receive adequate federal funding; Requires farms that are subject to federal law, selling more than approximately $25,000 of produce annually on average over a 3-year period, to register with the commissioner; Requires the commissioner to promulgate rules adopting 21 CFR 112, concerning produce safety, and gives the commissioner rule-making authority to administer the act; Authorizes the commissioner to enter farms and farm facilities during regular business hours to implement or enforce the act if the commissioner obtains consent from the farm or an administrative search warrant; Authorizes the commissioner to inspect records during regular business hours to implement or enforce the act and to subpoena witnesses and records; Authorizes the commissioner to issue cease-and-desist orders; Prohibits an officer, employee, or agent of the commissioner from misusing information gained during the course of the person's duties under the act; Authorizes the commissioner to impose administrative penalties; If requested, requires the commissioner to hold a hearing to issue a cease-and-desist order or impose an administrative penalty, and this process is subject to judicial review; Authorizes the commissioner to enforce cease-and-desist orders and administrative penalties in court; and Repeals these provisions in 2034, but requires a sunset review before the repeal.(Note: This summary applies to this bill as enacted.) Read More