When a child is taken into the custody of a county department of human or social services (county department) for allegations of neglect or for other reasons, the act requires the court to enter temporary visitation orders with the child's parent if such orders are in the child's best interests. The act sets forth the contents of those orders and requires contact to commence within 72 hours after a hearing unless the court delays the contact. Absent the issuance of an emergency order, a parent is entitled to a hearing prior to an ongoing reduction in, suspension of, or increase in the level of supervision, including a change from in-person visitation to virtual visitation. The act requires the court to enter visitation orders consistent with the act in various phases of the court proceedings.The act sets forth requirements for an open adoption in Colorado, including provisions for entering into post-adoption contact agreements between a child and the child's birth parent or parents, a birth relative, or an Indian tribe if the child is a member. A post-adoption contact agreement may include provisions for contact, visitation, or the exchange of information. If a child is 12 years of age or older, the court shall not order a post-adoption contact agreement unless the child consents to all terms of the contact agreement. The act includes provisions for the enforcement, modification, and termination of a post-adoption contact agreement.The act creates a task force on high-quality parenting time (task force) in the state department of human services to examine the current policies and statutes governing parenting time in dependency and neglect cases and to study best practices for the provision and determination of individualized plans for parenting time and to make recommendations to the general assembly for administrative or statutory changes to support high-quality parenting time. The task force includes a steering committee selected by executive branch agency directors, and members jointly appointed by the steering committee representing the judicial system and the child welfare system, as well as parents, social workers, and other members described in the act. The act includes specific areas of study by the task force. The task force shall submit a written report by October 1, 2022, to the governor, certain committees of the general assembly, the department of human services, and the child welfare training academy. The report must include the task force's findings concerning best practices to improve high-quality parenting services and practices in dependency and neglect cases and recommendations for changes to implement those best practices.The act appropriates $13,879 from the general fund to the department of human services for use by the office of information technology services for Colorado TRAILS.(Note: This summary applies to this bill as enacted.)
Sponsored bills
The act prohibits an insurer from:Unfairly discriminating based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression in any insurance practice; or Pursuant to rules adopted by the commissioner of insurance (commissioner), using any external consumer data and information source, algorithm, or predictive model (external data source) with regard to any insurance practice that unfairly discriminates against an individual based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. After a stakeholder process, the commissioner shall adopt rules for specific types of insurance, by insurance practice, which rules establish means by which an insurer may demonstrate that it has tested whether its use of an external data source unfairly discriminates based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. Any such rules shall not become effective until January 1, 2023, at the earliest, for any type of insurance. The rules must require each insurer to:Provide information to the commissioner concerning the external data sources used by the insurer in the development and implementation of algorithms and predictive models for a particular type of insurance and insurance practice; Provide an explanation of the manner in which the insurer uses external data sources for the particular type of insurance and insurance practice; Establish and maintain a risk management framework that is reasonably designed to determine, to the extent practicable, whether the insurer's use of external data sources unfairly discriminates against individuals based on their race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression; Provide an assessment of the results of the risk management framework and actions taken to minimize the risk of unfair discrimination, including ongoing monitoring; and Provide an attestation by the insurer's chief risk officer that the insurer has implemented the risk management framework appropriately on a continuous basis. The rules adopted by the commissioner must include provisions establishing:A reasonable period of time for insurers to remedy any unfairly discriminatory impact in an external data source; and The ability of insurers to use external data sources that have been previously assessed by the division of insurance (division) and found not to be unfairly discriminatory. Documents, materials, and other information in the possession or control of the division that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to the new requirements are recognized as proprietary and containing trade secrets. The commissioner may use the documents, materials, or other information in furtherance of any regulatory or legal action and make the data publicly available in an aggregated or de-identified format.The commissioner may examine and investigate an insurer's use of an external data source in any insurance practice.In the department of regulatory agencies' annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report to the legislative committees of reference, the division shall include:Information concerning any rules adopted pertaining to this act; Information concerning any changes in insurance rates that have resulted from the prohibitions described in the act; and A summary of the stakeholder process, including a description of data sources insurers may use to comply with this act. The requirements described in the act do not apply to:Title insurance; Bonds executed by qualified surety companies; or Insurers of exempt commercial policyholders.(Note: This summary applies to this bill as enacted.)
The act:Requires each carrier offering medical malpractice insurance in the state to provide information regarding the insurer's policies related to labor and delivery services to the department of public health and environment; Repeals language that gives no force or effect to an advanced directive of a person who is pregnant while the person's fetus is viable; Requires annual reporting to the legislature on the use of restraints on a pregnant person within each jail, private contract prison, and correctional facility; Establishes requirements for each facility that incarcerates or has custody of people with the capacity for pregnancy; Requires the Colorado civil rights commission to receive reports from people alleging maternity care that is not organized for, and provided to, a person who is pregnant or in the postpartum period in a manner that is culturally congruent; maintains the person's dignity, privacy, and confidentiality; ensures freedom from harm and mistreatment; and enables informed choices and continuous support; and Requires each health facility that provides services related to labor and childbirth to demonstrate to the department of public health and environment that the health facility has a policy that meets certain requirements. To implement this act:$148,783 is appropriated from the general fund to the department of corrections for use by institutions; and $50,215 is appropriated from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division.(Note: This summary applies to this bill as enacted.)
The act requires:A carrier offering a health benefit plan in the state, and the department of health care policy and financing when administering the "Colorado Medical Assistance Act", to reimburse health-care providers that provide health-care services related to labor and delivery in a manner that: Promotes high-quality, cost-effective, and evidence-based care; Promotes high-value, evidence-based payment models; and Prevents risk in subsequent pregnancies; Each health-care provider licensed by the state who regularly provides health-care services related to labor and delivery to: Be able to identify when to transmit and receive patient information and transfer and receive patients, across the facility's levels of care; and Coordinate with other providers to effectuate services across the facility's levels of care in a way that prevents patients losing access to care; The birth certificate worksheet form to include a place to report where the pregnant person intended to give birth at the onset of the person's labor; The department of public health and environment to engage in a stakeholder process to: Make recommendations to improve the collection and public reporting of maternal health data from various entities; and Study the use of research evidence in policies related to the perinatal period in Colorado; and The department of health care policy and financing, no later than July 1, 2022, to seek an amendment to the state medical assistance plan to provide 12 months of postpartum medical benefits to persons who qualified for benefits while pregnant. To implement the act, the act appropriates:$77,993 from the general fund to the department of health care policy and financing based on the assumption that the department will receive $481,379 in federal funds, and the act reappropriates the anticipated $481,379 of federal funds; and $82,243 from the general fund to the department of public health and environment for use by the prevention services division.(Note: This summary applies to this bill as enacted.)
The act enacts the "Pharmacy Fairness Act" (act), which:Requires a health insurer to submit to the commissioner of insurance (commissioner) a list of pharmacy benefit managers (PBMs) the health insurer uses to manage or administer prescription drug benefits under its health benefit plans offered in this state; Prohibits PBMs from: Restricting a covered person's access to prescription drug benefits at an in-network retail pharmacy, except as permitted in limited circumstances; Charging a pharmacy or pharmacist a fee for adjudicating a claim, other than a one-time fee of not more than the lesser of 25% of the pharmacy dispensing fee or 25 cents for receipt and processing of the same pharmacy claim; or Requiring stricter pharmacy accreditation standards or certification requirements than the standards or requirements that are applicable to similarly situated PBM-affiliated pharmacies within the same PBM network. A PBM that administers the drug assistance program operated by the department of public health and environment is exempt from the requirements and prohibitions of the act with regard to the PBM's administration of that program only.The act also precludes a health insurer, a PBM, or an entity acting for a health insurer or PBM to conduct on-site audits of pharmacies within 12 months after a prior on-site audit except in specified circumstances.Additionally, the act requires a health insurer or PBM to respond in real time to a request from an insured, the insured's health-care provider, or a third party acting on behalf of the insured or provider for data regarding the cost, benefits, and coverage under the insured's health benefit plan for a particular drug.(Note: This summary applies to this bill as enacted.)
Beginning June 1, 2022, a health-care facility shall screen each uninsured patient for eligibility for public health insurance programs, discounted care through the Colorado indigent care program (CICP), and discounted care as described in the act. Health-care facilities shall use a single uniform application developed by the department of health care policy and financing (department) when screening a patient. If a health-care facility determines a patient is ineligible for discounted care, the facility shall provide the patient notice of the determination and an opportunity for the patient to appeal the determination.Beginning June 1, 2022, for emergency and other non-CICP health-care services provided to patients qualified for public health insurance or discounted care, a health-care facility and licensed health-care professional shall limit the amounts charged to not more than the discounted rate established by the department; collect amounts charged in monthly installments such that a patient is not paying more than 4% of the patient's monthly household income on a bill from a health-care facility and not paying more than 2% of the patient's monthly household income on a bill from each licensed health-care professional; and after a cumulative 36 months of payments, consider the patient's bill paid in full and permanently cease any and all collection activities on any balance that remains unpaid.Beginning June 1, 2022, a health-care facility shall make information about patient's rights and the uniform application for discounted care available to the public and to each patient.Beginning June 1, 2023, and each June 1 thereafter, each health-care facility shall report to the department data that the department determines is necessary to evaluate compliance across patient groups based on race, ethnicity, age, and primary language spoken with the required screening, discounted care, payment plan, and collections practices.No later than April 1, 2022, the department shall develop a written explanation of a patient's rights, make the explanation available to the public and each patient, and establish a process for patients to submit a complaint relating to noncompliance with the requirements. The department shall periodically review health-care facilities and licensed health-care professionals (hospital providers) to ensure compliance, and the department shall notify the hospital provider if the hospital provider is not in compliance that the hospital provider has 90 days to file a corrective action plan with the department. A hospital provider may request up to 120 days to submit a corrective action plan. The department may require a hospital provider that is not in compliance to develop and operate under a corrective action plan until the department determines the hospital provider is in compliance. The act implements fines for hospital providers if the department determines the hospital provider's noncompliance is knowing or willful.Beginning June 1, 2022, the act imposes requirements on hospital providers before assigning or selling patient debt to a medical creditor or before pursuing any permissible extraordinary collection action and imposes fines for any hospital provider that fails to comply with the requirements.Beginning June 1, 2022, a medical creditor shall not use impermissible extraordinary collection actions to collect debts owed for hospital services. A medical creditor may engage in permissible extraordinary collection actions 182 days after the patient receives hospital services. At least 30 days before taking any permissible extraordinary collection action, a medical creditor shall notify the patient of potential collection actions and shall include with the notice a statement that explains the availability of discounted care for qualified individuals and how to apply for such care. If a patient is later found eligible for discounted care, the medical creditor shall reverse any permissible extraordinary collection actions.Beginning June 1, 2022, a medical creditor shall not sell a medical debt to another party unless, prior to the sale, the medical debt seller has entered into a legally binding written agreement with the medical debt buyer in which certain terms are agreed to. The medical debt seller shall indemnify the medical debt buyer for any amount paid for a debt that is returned to or recalled by the medical debt seller.Beginning June 1, 2022, the department shall promulgate rules prohibiting hospitals from considering assets when determining whether a patient meets the specified percentage of the federal poverty level for CICP and ensuring the method used to determine whether a patient meets the specified percent is uniform across hospitals.The act appropriates $219,295 to the department of health care policy and financing to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates the area agency on aging grant program (grant program) in the department of human service's state office on aging (state office). The purpose of the grant program is to assist and support the health, well-being, and security of older Coloradans. The act also creates the area on aging cash fund (cash fund), which is used to fund the grant program.The act requires the state office and the area agency on aging to collaborate and establish criteria for the following:Adopting the policies and procedures for the administration of the grant program; Establishing and publishing criteria for the grant program; and Creating application procedures by which eligible organizations may apply for and receive money from the grant program. For the 2021-22 state fiscal year, $15,000,000 is appropriated to the department of human services from reappropriated funds in the cash fund for use by adult assistance programs to implement the act. The department of human services is responsible for the accounting related to the appropriation.(Note: This summary applies to this bill as enacted.)
The act prohibits the imposition of secured monetary or property conditions on a bond for juveniles charged with or accused of committing a delinquent act.The act reduces the juvenile detention bed cap from 327 beds to 215 beds beginning in fiscal year 2021-22.The act adds members and responsibilities to the existing statutory working group for criteria for placement of juvenile offenders. The working group's responsibilities include examining available alternatives to youth detention, the use of detention beds, and examining necessary investments in alternatives to youth detention.The act decreases appropriations made in the annual general appropriation act for the 2021-22 state fiscal year to the department of human services.The act makes the following appropriations to the department of human services:$202,541 for use by the office of information and technology; $427,979 for use by the division of child welfare, and an additional 4.5 FTE; and $24,789 in federal funds for use by the division of child welfare.(Note: This summary applies to this bill as enacted.)
Section 3 of the act defines "disproportionately impacted community" (DIC) as:A community that is in a census block group where the proportion of households that are low income, that identify as minority, or that are housing cost-burdened is greater than 40%; or Any other community as identified or approved by a state agency, if the community: Has a history of environmental racism perpetuated through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or is one where multiple factors may act cumulatively to affect health and the environment and contribute to persistent disparities. Section 3 also requires the air quality control commission (AQCC) to promote outreach to and engage with DICs by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.Section 4 creates the environmental justice action task force (task force) in the department of public health and environment (department), the goal of which is to propose recommendations to the general assembly regarding practical means to address environmental justice inequities, particularly within DICs. The department will report on the task force's activities during the department's "SMART Act" presentations. The task force will:Hold meetings to solicit public comment concerning the development of a state agency-wide environmental justice strategy and a plan to implement that strategy, including ways to address data gaps and data sharing between state agencies and the engagement of disproportionately impacted communities; Evaluate and propose recommended revisions to the definitions of DIC, "proposed state action", and "agency" and the state agencies and their proposed actions that are subject to section 3; and File a final report by November 14, 2022, regarding its recommendations. Section 7 requires the AQCC to include greenhouse gas (GHG) in the list of air pollutants required to be reported in an air pollutant emission notice (APEN) and allows the AQCC to require that APENs for GHG report the previous calendar year's emissions of GHG in the form of carbon dioxide equivalent. Section 8 requires the AQCC to adopt rules, including permit processing fees, that apply to permits for sources of pollutants that cause or contribute to significant health or environmental impacts in DICs. Section 9 allows the division of administration in the department to reopen an air permit to add monitoring requirements for sources that affect DICs.Section 12 creates in the department the position of an environmental justice ombudsperson and directs the ombudsperson to promote environmental justice for the people of Colorado, particularly as an advocate for DICs and as a liaison between DICs and the department. Section 12 also creates in the department the environmental justice advisory board and directs the board to advise the ombudsperson and to develop guidelines for a grant program to fund environmental mitigation projects that avoid, minimize, measure, or mitigate adverse environmental impacts in DICs.Section 10 requires the AQCC to establish an annual APEN fee for GHG and authorizes the use of the fees to pay for the engagement of DICs required by section 3 and for the ombudsperson position created in section 12. Current law credits air quality fines to the general fund; section 13 creates the community impact cash fund and, over the course of 5 years, credits all of the fines to the fund, which is used to pay for environmental mitigation projects and the environmental justice advisory board.Section 14:Allows the AQCC to adopt rules that add permit requirements for sources that affect DICs; Directs the AQCC to adopt rules that pursue near-term reductions in GHG emissions, including reducing GHG emissions from electric utilities by at least 48% by 2025 and 80% by 2030, relative to 2005 levls; Directs the division to prepare an annual report that indicates whether GHG emission reduction requirements are being met and, if not, to develop and propose additional requirements to the AQCC; Requires each wholesale generation and transmission electric cooperative to file with the public utilities commission (PUC) and the division an electric resource plan that will achieve at least an 80% reduction of GHG emissions by 2030, relative to 2005 levels; Requires certain electric utilities that serve at least 50,000 Colorado retail customers to either file a clean energy plan with the division or comply with AQCC rules that would require GHG emission reductions of at least 48% by 2025 and 80% by 2030, relative to 2005 levels; Requires the AQCC to adopt rules to reduce GHG emissions from oil and gas exploration, production, processing, transmission, and storage operations by at least 36% by 2025 and 60% by 2030, relative to 2005 levels; Requires the AQCC to adopt rules to reduce GHG emissions from the industrial and manufacturing sector in the state by at least 20% by 2030, relative to 2015 levels; and Authorizes the AQCC to adopt a rule or program that provides for the use of a trading program, including a comprehensive and centralized accounting system to track emissions from the sources that participate in the program. Section 16 requires that the economic impact analysis for GHG rules must include an analysis of the social cost of greenhouse gases. Section 17 requires that the division make publicly available the data upon which its GHG forecast is based and requires that the forecast include at least one scenario that does not include emission reductions projected to occur pursuant to existing law.Section 19 requires the just transition office in the division of employment and training in the department of labor and employment to develop a proposed long-term budget to adequately finance the just transition plan relating to the closure of coal-fired electric generation facilities. Section 20 modifies the mission statement for the Colorado energy office, including by adding the goal of supporting Colorado's transition to a more equitable, low-carbon, and clean energy economy and promoting resources that reduce air pollution and greenhouse gas emissions, including pollution and emissions from electricity generation, buildings, industry, agriculture, and transportation.Existing law requires electric utilities to provide best value employment metrics to the PUC when applying for approval of new resource acquisitions. Section 22 requires the state auditor to study the implementation of the best value employment metrics requirement.To implement the act, section 23 appropriates the following:$2,550,218 from the general fund and the community impact cash fund to the department, of which amount $382,680 is reappropriated to the department of law to provide legal services and $239,642 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services; and $146,703 from the general fund to the office of the governor for use by the Colorado energy office.(Note: This summary applies to this bill as enacted.)
The act creates the kidney disease prevention and education task force (task force) and makes an appropriation. The task force consists of members that are part of the general assembly and members that are not part of the general assembly. The task force's purpose is to evaluate and make recommendations to the general assembly about the detection, treatment, education, and awareness of kidney disease in Colorado.The task force has the following duties:To work with various entities to create kidney disease educational programs and increase overall awareness of kidney disease in Colorado; To examine chronic kidney disease, transplantation, donation, and the higher rates of affliction in minority populations; and To develop a plan to raise awareness about kidney disease in Colorado, which shall include an ongoing campaign that incorporates health workshops, preventative screenings, social media campaigns, and television and radio commercials. The task force is required to submit an initial and final report with its findings and recommendations to the department of health care and environment (department) by December 1, 2023, and August 31, 2026. The department is required to include the initial and final report of the task force as part of the department's presentation to its joint committees of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".The department is required to select a Colorado medical center with a program dedicated to treating kidney disease to administer the task force. The task force is required to convene by November 1, 2021, and is required to meet at least 4 times every year. The task force is scheduled for sunset review and repeal on September 1, 2026.(Note: This summary applies to this bill as enacted.)