Sen. Robert Rodriguez

The act enacts the softbound volumes of the Colorado Revised Statutes 2022 and the subsequent changes approved by the voters at the general election on November 8, 2022, as the positive and statutory law of the state of Colorado and establishes the effective date of said publication. APPROVED by Governor February 24, 2023 EFFECTIVE February 24, 2023 (Note: This summary applies to this bill as enacted.)

The bill prohibits the state licensing authority from issuing or renewing a marijuana license unless the applicant or licensee shows proof of financial responsibility in an amount of not less than $100,000 for each license. The mechanism of financial responsibility must include coverage for liability for bodily injury to lawful users resulting from the manufacture, distribution, transportation, or sale of adulterated marijuana or adulterated marijuana-infused products.(Note: This summary applies to this bill as introduced.)

Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. The bill prohibits the department of health care policy and financing from imposing prior authorization, step therapy, and fail first requirements for medicaid coverage of a prescription drug, as indicated on federally approved labels, to treat serious mental health disorders.(Note: This summary applies to this bill as introduced.)

The act updates provisions of the existing article 1.9 of title 18, Colorado Revised Statutes, concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems. Substantive changes include: Broadening the name and scope of the legislative oversight committee (committee) and associated task force (task force) from concerning the treatment of "persons with mental health disorders" to "persons with behavioral health disorders"; Allowing the task force to research topics for members of the committee upon request; Adjusting task force membership and creating term limits for task force members; Further defining issues for the task force to study; and Extending the repeal date to July 1, 2027. The act appropriates $108,131 to the legislative department from the general fund to implement the provisions of the act. (Note: This summary applies to this bill as enacted.)

The act requires the Colorado commission on criminal and juvenile justice (commission) to establish a task force to examine and make findings and recommendations to the commission concerning improving access to community corrections programs for persons convicted of misdemeanors. On or before July 1, 2023, the task force is required to create a report of its findings and submit it to the commission. (Note: This summary applies to this bill as enacted.)

The act amends the "Workers' Compensation Act of Colorado" by: Creating a process for a claimant to receive advance payment for mileage expenses for travel that is reasonably necessary and related to obtaining compensable treatment, supplies, or services and that requires round-trip travel greater than 100 miles; Specifying how to determine the benefit amount for medical impairment when the amount payable using the schedule of injuries would exceed the amount payable for nonscheduled injuries; Increasing the maximum benefit payable for funeral and burial expenses; Requiring reporting by employers to the division of workers' compensation (division) in the department of labor and employment of active medical treatments necessary to cure and relieve an injury lasting for a period of more than 180 calendar days after the date of the injury; and Repealing the special funds board and moving the duties of the board to the director of the division. (Note: This summary applies to this bill as enacted.)

Under current law, a defendant may be awarded reasonable attorney fees in tort actions if a case is dismissed on a motion of the defendant prior to trial. The act states that a defendant may not be awarded reasonable attorney fees in cases dismissed prior to trial in which the plaintiff brought non-frivolous claims in order to challenge precedent or for a similar reason. (Note: This summary applies to this bill as enacted.)