Sen. Iman Jodeh

The act makes it a deceptive trade practice under the "Colorado Consumer Protection Act" for a manufacturer of insulin to fail to comply with the manufacturer requirements under the insulin affordability program and for the emergency supply of prescription insulin. The act also authorizes the attorney general to enforce the epinephrine auto-injector affordability program (epinephrine program). For the insulin affordability program, the state board of pharmacy (board), rather than the division of insurance (division) and the department of health care policy and financing (department), shall develop an application form for the insulin affordability program, make the application form available on the board's website, provide the application form to pharmacies and health-care providers and others, and promote the availability of the program to Coloradans. For the emergency supply of prescription insulin, the board, rather than the division and the department, shall develop an application form for individuals seeking an emergency supply of prescription insulin, make the application form available to the public, and promote the availability of the emergency supply of prescription insulin to Coloradans. The act also changes the amount of a fine for a manufacturer's failure to comply with the requirements of the insulin affordability program or with the requirements for the emergency supply of prescription insulin, or for failure to comply with the epinephrine program, to the amount and frequency of the fine that is permitted under the "Colorado Consumer Protection Act". For the epinephrine program, the act requires all manufacturers subject to the epinephrine program to participate in the epinephrine program. The board shall develop a program application form and make the form available to individuals, pharmacies, health-care providers, and health facilities through the board's website, with each manufacturer required to link to the epinephrine program on the manufacturer's website. The board shall also provide information to pharmacies about the epinephrine program that includes a quick response (QR) code to allow individuals to access the epinephrine program's application online, including how to submit the application, and information necessary for a dispensing pharmacy to successfully submit an electronic claim for reimbursement of the cost to dispense an epinephrine auto-injector to an individual, above any required cost sharing by the individual. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)

Current law requires a health-care facility to screen each uninsured patient for eligibility for public health insurance programs, discounted care through the Colorado indigent care program (CICP), and discounted care otherwise not reimbursed through the CICP. A patient qualifies for discounted care if the individual's household income is not more than 250% of the federal poverty level and the individual received a health-care service at a health-care facility (facility). The act limits the health-care services to those received in an inpatient or outpatient hospital setting and adds the requirement that a patient attest to residing in Colorado. The licensed health-care professional who provides services to a patient is responsible for billing the patient for those services, unless the services are billed on a comprehensive bill issued by a health-care facility. Current law prohibits a health-care facility and licensed health-care professional (professional) from collecting amounts charged that are more than 4% of the patient's monthly household income on a bill from a facility and that are more than 2% of the patient's monthly household income on a bill from each professional. The act adds the requirement that a facility or professional cannot collect amounts charged that are more than 6% of the patient's household income on a comprehensive bill containing both facility and professional charges. The act authorizes a health-care facility to deny discounted care to a patient if, during the initial screening, the patient is determined to be presumptively eligible for medicaid. The act excludes primary care provided in a clinic that is located in a designated rural or frontier county and offers a sliding-fee scale from receiving discounted care. Current law requires each facility to report to the department of health care policy and financing (department) data that the department determines is necessary to evaluate compliance across race, ethnicity, age, and primary-language-spoken patient groups with the facility's screening, discounted care, payment plan, and collections practices. The act requires professionals, in addition to facilities, to submit the data. The act authorizes a licensed or certified hospital to determine presumptive eligibility for medicaid. For the 2024-25 state fiscal year, the act appropriates $154,598 from the healthcare affordability and sustainability fee cash fund to the department of health care policy and financing to implement the act. APPROVED by Governor May 31, 2024 EFFECTIVE May 31, 2024(Note: This summary applies to this bill as enacted.)

The act expands the behavioral health-care continuum gap grant program to include awarding a community investment grant for a new capital construction project. The act transfers $4 million from the general fund to the behavioral and mental health cash fund for purposes of the act. The act appropriates $4 million from the behavioral and mental health cash fund to the department of human services for the behavioral health-care continuum gap grant program related to integrated behavioral health services. APPROVED by Governor May 24, 2024 EFFECTIVE May 24, 2024(Note: This summary applies to this bill as enacted.)

For the treatment of cancer or a life-threatening disease or for the treatment of a symptom, complication, or consequence of cancer or a life-threatening disease, the act prohibits a carrier, with respect to a health benefit plan issued on or after January 1, 2025, from: Requiring a provider-administered drug to be dispensed only by specific network pharmacies; If a provider-administered drug is otherwise covered by the carrier for the covered person, limiting or excluding coverage for the drug based on the covered person's choice of participating provider; Requiring a participating provider to bill for or be reimbursed for the delivery and administration of a provider-administered drug under the pharmacy benefit instead of the medical benefit without informed, written consent of the covered person and written attestation by the covered person's participating provider that a delay in the drug's administration will not place the covered person at an increased health risk; or Requiring a covered person to pay additional fees, copayments, or coinsurance based on the covered person's choice of pharmacy. The act also requires the reimbursement rate for covered provider-administered drugs to be at the carrier's in-network negotiated rate for participating providers. The act appropriates $7,333 to the department of regulatory agencies for use by the division of insurance from the division of insurance cash fund to implement the act. VETOED by Governor May 17, 2024(Note: This summary applies to this bill as enacted.)

Section 1 of the act establishes a category of local government: A transit-oriented community. As defined in the act, a transit-oriented community is either a local government that: Is either entirely or partially within a metropolitan planning organization; Has a population of 4,000 or more; and Contains at least 75 acres of certain transit-related areas; or If the local government is a county, contains either a part of: A transit station area that is both in an unincorporated part of the county and within one-half mile of a station that serves a commuter rail service or light rail service; or A transit corridor area that both is in an unincorporated part of the county and is fully encompassed by one or more municipalities. The act requires a transit-oriented community to meet its housing opportunity goal. A housing opportunity goal is a zoning capacity goal determined based on an average zoned housing density of 40 dwelling units per acre multiplied by the number of acres of transit-related areas within a transit-oriented community. On or before September 30, 2024, the department of local affairs (department) shall develop a map that identifies the transit-related areas necessary for the calculation of a housing opportunity goal and the various reports required by the act. To accomplish its housing opportunity goal, a transit-oriented community shall ensure that the zoning capacity within certain areas of the transit-oriented community meets or exceeds the transit-oriented community's housing opportunity goal. The main category of area that the act requires a transit-oriented community to increase the zoning capacity of to meet the transit-oriented community's housing opportunity goal is a transit center. In order to qualify as a transit center, an area must: Be composed of zoning districts that uniformly allow a net housing density of at least 15 units per acre; Identify the effective net housing density for the area by accounting for dimensional or other restrictions used to regulate density in the area, accounting for minimum parking requirements, and assuming an average housing unit size; Not include any area where local law exclusively restricts housing occupancy based on age or other factors; Have an administrative approval process for multifamily residential property development on parcels that are 5 acres or less in size; and Be located wholly or partially within a transit area or optional transit area and not extend more than one-quarter mile from the edge of a transit area or optional transit area. In addition to designating an area as a transit center for purposes of meeting a housing opportunity goal, the act allows local governments to designate areas as neighborhood centers for that purpose. The act requires transit-oriented communities to submit a series of reports to the department regarding the calculation, satisfaction, and implementation of a transit-oriented community's housing opportunity goal. The act requires a transit-oriented community to submit the following to the department: On or before June 30, 2025, a preliminary transit-oriented community assessment report to the department that includes the transit-oriented community's housing opportunity goal, the data and method used to calculate that housing opportunity goal, and the areas within the transit-oriented community that may need to be zoned to accomplish that housing opportunity goal; On or before December 31, 2026, an identification of the affordability strategies from the standard and long-term affordability strategies menus in the act that the transit-oriented community will implement; On or before December 31, 2026, an identification of the displacement mitigation strategies from the long-term displacement mitigation strategies menus in the act that the transit-oriented community will implement; and On or before December 31, 2026, a housing opportunity goal report for the department's review and approval that demonstrates that the transit-oriented community has met its housing opportunity goal and complied with the affordability and displacement mitigation requirements of the act. Additionally, on or before December 31, 2026, a transit-oriented community may notify the department that the transit-oriented community has an insufficient water supply to accomplish its housing opportunity goal, and the transit-oriented community may make a corresponding request for the department to modify the transit-oriented community's housing opportunity goal. If the department approves a transit-oriented community's housing opportunity goal report on or before December 31, 2027, the department shall designate the transit-oriented community as a certified transit-oriented community. A certified transit-oriented community is the only eligible entity for the transit-oriented communities infrastructure fund grant program (grant program) created within the department. The purpose of the grant program is to assist transit-oriented communities in upgrading infrastructure within transit centers and neighborhood centers. In administering the grant program, the department shall prioritize grant applicants based on the information in the reports described in the act. Grants from the grant program are awarded from money in the transit-oriented communities infrastructure fund (fund). The fund consists of gifts, grants, and donations along with money that the general assembly may appropriate or transfer to the fund and money in the account described in the act. The fund is continuously appropriated. On July 1, 2024, the state treasurer shall transfer $35 million from the general fund to the fund. Section 2 prohibits a planned unit development resolution or ordinance that is adopted on or after the effective date of the act and that applies within a transit center or neighborhood center from restricting the development of housing more than the local law that applies to that transit center or neighborhood center. Section 3 requires a local government, when requiring a real property owner to dedicate real property to the public, to provide a private property owner the option of paying a fee, rather than dedicating the private real property to the public, if the real property does not meet local government standards for dedication. Section 4 makes any restriction by a unit owners' association within a transit center or neighborhood center on the development of housing that is adopted on or after the effective date of the act and is beyond the local law that applies to that transit center or neighborhood center void as a matter of public policy. Section 5 requires the department of transportation to conduct a study that identifies both: Policy barriers and opportunities within the department of transportation including an examination of policies within the state access code, roadway design standards, and the treatment of pedestrian and bicycle crossings. The study must examine the impact of these policies on neighborhood centers and transit centers; and The portions of state highway that pass through locally-identified transit centers and neighborhood centers that are appropriate for context-sensitive design, complete streets. In addition to the $35 million appropriated to the fund, section 7 makes 2 appropriations. First, section 7 appropriates $183,138 to the governor for use by the Colorado energy office to implement the act. Second, section 7 appropriates $70,000 to the governor for use by the office of information technology to provide information services for the department. APPROVED by Governor May 13, 2024 EFFECTIVE May 13, 2024(Note: This summary applies to this bill as enacted.)

The bill requires firearm owners to maintain a liability insurance policy that covers losses or damages to a person, other than the policyholder, who is injured on the insured property as a result of any accidental or unintentional discharge of the firearm (firearm liability insurance). Failure to maintain a firearm liability insurance policy is a civil infraction. A first offense is punishable by a minimum $500 fine, half of which may be suspended if the person has obtained firearm liability insurance. A second offense within 5 years of a prior offense is punishable by a minimum $1,000 fine. It is an affirmative defense to the civil infraction that the person was denied firearm liability insurance by 2 or more insurers or is indigent and cannot afford the insurance; is likely to behave prudently and safely in the storage, carrying, and use of a firearm; and has a gun safe or other secure container to store the firearm. The bill permits a person who was denied firearm liability insurance by 2 or more insurers or a person who is indigent and cannot afford the insurance to petition a court for an order declaring that the person is excused from the firearm liability insurance requirement. The court shall issue the order if it finds that the person is likely to behave prudently and safely in the storage, carrying, and use of a firearm and that the person has a gun safe or other secure container to store the firearm. The requirement to maintain firearm liability insurance does not apply to a person who holds a valid court order declaring the person is excused from the requirement. The bill requires an insurer to make available to an applicant the opportunity to include in a homeowners or renters insurance policy coverage that satisfies the firearm liability insurance requirement. An insurer may deny firearm liability coverage to an applicant based on the insurer's individualized assessment of the risk related to covering the applicant. The bill prohibits an insurer from asking for, or requiring an insured to provide the serial number or any other information about the specific firearms that the insured owns as a condition of issuing the liability insurance policy. (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.)

A metropolitan district is a type of special district that provides at least 2 types of services and may perform covenant enforcement similar to the role of a homeowners' association. The act requires a metropolitan district engaging in covenant enforcement and design review services to comply with certain procedural requirements, including: Adopting a written policy governing the imposition and collection of fines; Adopting a written policy governing how disputes between the metropolitan district and a resident are addressed; and Refraining from prohibiting residents from engaging in certain activities regarding the use of their property, including displaying flags and signs; parking a motor vehicle in a driveway; removing certain vegetation to create a defensible space for fire mitigation purposes; performing reasonable property modifications to accommodate disabilities; using xeriscape, nonvegetative turf grass, or drought-tolerant landscaping; using a rain barrel; operating a family child care home; using renewable energy generation devices; and installing or using an energy efficiency measure. Additionally, a metropolitan district is prohibited from requiring residents to use cedar shakes or other flammable roofing materials. The act prohibits a metropolitan district from foreclosing on any lien based on a resident's delinquent fees or other charges owed to the metropolitan district. The act also imposes certain procedural requirements regarding court actions filed by or against a metropolitan district based on an alleged violation of the metropolitan district's declaration, rules and regulations, or other instrument. A metropolitan district that engages in design review services, but does not engage in covenant enforcement or form a homeowners' association, cannot pursue other remedies against residents to enforce its design review requirements and need not adopt the written policies required under the act. APPROVED by Governor April 19, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act modifies provisions governing the Colorado health benefit exchange (exchange) by: Eliminating the requirement for the board of directors of the exchange (board) to submit a report on the development of the exchange to the governor and the general assembly by January 15 and instead requiring the report to be submitted annually and to address open enrollment; Requiring the board to also present an open enrollment update to specified legislative committees during each legislative session; Requiring the exchange, rather than the board, to annually present to the Colorado health insurance exchange oversight committee (committee) the exchange's financial and operational plans and the major actions taken by the board; and Modifying the number of meetings of the committee during the interim. APPROVED by Governor April 4, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

For a residential eviction action filed in county court, the act: Requires the court to allow either party or any witness to choose to appear in person or remotely at any return, conference, hearing, trial, or other court proceeding and to allow either party to change their designation until up to 48 hours before the proceeding; Authorizes a pro se defendant to file an answer to a summons electronically through an e-filing system; and authorizes either party, if the party is pro se, to file a motion or other documents electronically through an e-filing system; Prohibits the court from assessing an e-filing fee or service fee on a motion to waive filing fees, or from assessing an e-filing fee, service fee, or any other fee associated with the electronic filing or e-mailing of motions, answers, or documents for an indigent party; and Requires the court to comply with federal and state law or regulations, including state supreme court directive or policy, regarding accommodations for people with a disability or for people with limited English proficiency. If a party is appearing remotely and is disconnected, the act requires the court to make all reasonable efforts to contact the party and allow reasonable time for the party to reestablish connection. If the party is unable to reestablish connection, the act requires the court to reschedule the hearing for the first available in-person date after the date of the originally scheduled hearing, but no later than one week after the originally scheduled hearing, to the extent practicable. The act prohibits the court from entering a default judgment if a party is unable to participate remotely due to a technological disconnection or failure. The act requires the complaint to include a designation of whether the plaintiff elects to participate in any hearing in person or remotely and a box indicating if the eviction is for a residential or commercial tenancy. The act requires the summons to include a statement in bold-faced type notifying the defendant that either party has a right to appear in person or remotely, include a place for the defendant to indicate whether the defendant will appear in person or remotely, and provide information for how a pro se party can file documents related to the case. The act appropriates $418,118 from the general fund and the judicial department information technology cash fund to the judicial department for trial court programs, capital outlay, and information technology infrastructure. APPROVED by Governor June 7, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

For health coverage plans issued or renewed on or after January 1, 2024, the act requires a health insurance carrier (carrier) that provides coverage for prescription auto-injectors (injectors) to cap the total amount that a covered person is required to pay for injectors at an amount not to exceed $60 for a 2-pack of the injectors. The act allows coverage for injectors to be offered through a high deductible plan that qualifies for a health savings account, and a carrier may apply deductible amounts if the coverage is not considered by the United States department of the treasury to be preventive or to have an acceptable deductible amount. Effective January 1, 2024, the act creates an epinephrine auto-injector affordability program (program) to provide low-cost injectors to eligible individuals. By January 1, 2024, each manufacturer must establish procedures and make injectors available as prescribed in the act to eligible individuals who hold a valid prescription for injectors. The act establishes eligibility requirements that residents of Colorado must meet in order to be eligible for the program. The act requires the division of insurance in the department of regulatory agencies (division) to create an application for the program for use by an individual seeking injectors through the program and requires the division and the department of health care policy and financing to make the application available on their websites and to promote the availability of the program. A pharmacy that dispenses injectors is authorized to collect a copayment not to exceed $60 from the individual to cover the pharmacy's costs of processing and dispensing a 2-pack of injectors. A manufacturer of injectors: Is required to make injectors available to individuals through the program; May be required to reimburse the dispensing pharmacy in an amount that the pharmacy paid for the number of injectors dispensed through the program or send the pharmacy a replacement supply of the same number of injectors; Is required to develop a process for a pharmacy to submit electronic reimbursement claims. If a manufacturer fails to comply with the requirements of the act, the manufacturer engages in a deceptive trade practice and is subject to a $10,000 fine for each month of noncompliance. The act appropriates $58,291 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. APPROVED by Governor June 7, 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 the reengrossed version of this bill as introduced in the second house.)