Sen. Dylan Roberts

The act makes changes to requirements for preventive care coverage by health insurers for breast cancer screening, including: Relocating in statute the high-risk breast cancer screening requirements; Defining and specifying criteria for the use of diagnostic breast examinations and supplemental breast examinations; and Clarifying that, in addition to regular breast cancer screening, diagnostic and supplemental breast examinations that are medically necessary and conducted within nationally recognized screening guidelines do not require cost sharing by the patient.(Note: This summary applies to this bill as enacted.)

The act creates the provider stabilization fund for use by Colorado department of health care policy and financing (department) to distribute provider stabilization payments to safety net providers who provide services to low-income, uninsured individuals on a sliding-fee schedule or at no cost. Provider stabilization payments will be distributed to eligible safety net providers based on the proportion of low-income, uninsured individuals that an individual provider serves in comparison to the total number of low-income, uninsured individuals served by all eligible safety net providers. The state treasurer is directed to make an interest-free loan of interest earnings on the principal in the unclaimed property trust fund (UPTF) and, if the interest earnings are insufficient, from the principal of the UPTF as well, to the provider stabilization fund as follows: $25 million for the 2025-26 state fiscal year; $20 million for the 2026-27 state fiscal year; and $15 million for each of the 2027-28, 2028-29, and 2029-30 state fiscal years. The act specifies that the loan from the UPTF to the provider stabilization fund is an interfund loan that is not classified as revenue, is booked as an interfund receivable or payable, is not state fiscal year spending or state revenues, and does not count against the state fiscal year spending limit or the excess state revenues cap. The department is directed to repay the loan by January 1, 2045, but in any year in which state revenues do not exceed the limit on state fiscal year spending, the department must present to the joint budget committee a proposal to repay all or a portion of the loan at an earlier time, and to the extent possible, the general assembly must prioritize repaying the loan starting in the 2030-31 state fiscal year or sooner if funds are available. The provider stabilization fund also consists of any money the general assembly appropriates, transfers, or credits to the fund and any gifts, grants, or donations the department may receive for the fund. The act directs the department to leverage money in the provider stabilization fund to obtain federal matching money. The act establishes a provider stabilization fund advisory board (advisory board) to assist the department in implementing and administering the provider stabilization fund. The department, with assistance from the advisory board, is required to submit an annual report on the provider stabilization fund to specified committees, the governor, and the medical services board in the department. The advisory board is scheduled for repeal on September 1, 2031, and is subject to a sunset review by the department of regulatory agencies before the repeal. The act appropriates $25,000,000 from the provider stabilization fund to the department to implement the act, allocated as follows: $138,505 for personal services to administer the act, including 2.0 FTE; $15,900 for operating expenses; and $24,845,595 for provider stabilization payments to eligible safety net providers.(Note: This summary applies to this bill as enacted.)

The act creates the American Indian affairs interim committee (committee). The purpose of the committee is to examine issues and challenges that impact American Indian Tribal Nations. The committee consists of 6 voting members of the general assembly who serve for the duration of the committee unless they resign, are removed, or are no longer in office and 2 nonvoting members, one from the Southern Ute Indian Tribe and one from the Ute Mountain Ute Tribe. The act allows the committee to meet up to 6 times and recommend up to 5 bills during each interim, but the committee does not meet or recommend legislation during the 2025 interim. On or before January 15, 2031, the act requires the committee to submit a report to the executive committee of the legislative council summarizing the work of the committee during the preceding 5 years. The committee is repealed, effective June 30, 2031. (Note: This summary applies to this bill as enacted.)

The act prevents a pharmacy benefit manager (PBM) from prohibiting a rural independent pharmacy from using a private courier or a delivery service to deliver a prescription drug to a patient. A PBM is required to reimburse a rural independent pharmacy for a prescription drug in an amount not less than the national average drug acquisition cost for the dispensed prescription drug ingredients, plus pay a dispensing fee. When a PBM conducts an audit of a rural independent pharmacy and the audit results in a recoupment of more than $1,000 or a penalty of more than $1,000, the PBM must: Electronically notify the rural independent pharmacy of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds; If the rural independent pharmacy does not respond to the electronic notification within 30 days after the electronic notification, again electronically notify the rural independent pharmacy of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds; and If the rural independent pharmacy does not respond to the second electronic notification within 30 days after the second electronic notification, serve process on the rural independent pharmacy notifying of the rural independent pharmacy's rights to appeal at least 30 days before the recoupment of funds. The act allows a rural independent pharmacy to operate without being under the direct charge of a pharmacist if the initial interpretation and final evaluation of the prescription is done by a state-licensed pharmacist in person or remotely. (Note: This summary applies to this bill as enacted.)

The act authorizes the department of health care policy and financing (HCPF) to seek and accept gifts from private or public sources for the primary care fund. The act authorizes a federally qualified health center (FQHC) to establish a separate subsidiary company for the purpose of providing fee-for-service services outside of the FQHC's standard cost report if the subsidiary is providing fee-for-service services that have historically been provided and reimbursed on a fee-for-service basis and if HCPF determines that the subsidiary's reimbursements would be budget neutral. Upon receiving any necessary federal authorization, HCPF is required to reimburse a subsidiary of an FQHC on a fee-for-service basis for services that are eligible for fee-for-service reimbursement. A subsidiary that receives reimbursement is authorized to pass through money received from the reimbursement directly to the FQHC operating as the subsidiary's parent corporation. Services reimbursed to an FQHC's subsidiary are excluded from the FQHC's cost report. The act requires HCPF to exclude all costs associated with a subsidiary company from the calculation of a FQHC's reimbursement rates and requires a FQHC that establishes a separate subsidiary company to include the costs associated with the subsidiary in its cost report that is necessary to calculate reimbursement rates. (Note: This summary applies to this bill as enacted.)

The Tony Grampsas youth services grant program (grant program) provides grants to community-based programs to reduce incidents of youth crime and violence. The youth mentoring program, the student dropout prevention and intervention program, and the student before-and-after school project (collectively, the "programs") were created within the grant program. The act repeals the individual programs and instead lists the programs as allowable uses for grant money under the grant program. The act transfers certain responsibilities from the Tony Grampsas youth services board (board) to the department of human services (department). The act repeals local public-to-private funding match requirements. The act requires each entity that receives a grant to annually report certain information to the department; except that an entity that has an operating budget of less than $1.5 million, or that receives a grant in the amount of not more than $25,000, is not required to report on the outcomes achieved by the services provided and the methods used to track the outcomes. The act decreases the appropriation from the marijuana tax cash fund to the youth mentoring services cash fund by $500,000 and reappropriates the money to the grant program by $500,000. The act decreases the appropriation from the youth mentoring services cash fund to the grant program by $504,120. (Note: This summary applies to this bill as enacted.)

The act implements the recommendation of the department of regulatory agencies in its 2024 sunset review and report on the rural alcohol and substance abuse prevention and treatment program by continuing the program until September 1, 2030. (Note: This summary applies to this bill as enacted.)

The act permits the state, a county, a city and county, a school district, or a municipality to, with approval from a school district's board of education, install and utilize automated vehicle identification systems (system) on the school district's school buses to detect a driver of a vehicle that overtakes a stopped school bus with actuated visual signal lights in violation of current law. A school district that installs and utilizes a system for this purpose must enter into a memorandum of understanding with one or more law enforcement agencies. If a system detects a violation, the state, a county, a city and county, or a municipality may impose a civil penalty of up to $300. The act creates a rebuttable presumption that when an image produced by a system includes an electronic indicator signifying that a school bus's visual signal lights are actuated, the visual signal lights are presumed to be actuated and operational and the school bus is presumed to be stopped to receive or discharge school children. The act mandates that the fines collected through the use of the system must not be used as the basis for the compensation to the system manufacturer or vendor and that the compensation must not be based exclusively upon the number of citations issued or revenue generated by the system.(Note: This summary applies to this bill as enacted.)

For design-build transportation contracts administered by the department of transportation (department) "best value" means the overall maximum value of a proposal to the department after considering all of the evaluation factors described in the specifications for the transportation project or the request for proposals. The act requires that those evaluation factors include: Project schedule; Innovative solutions; Improved quality; Sustainability; Environmental impact; Initial cost; Long-term life-cycle cost of the transportation project; Resilience; Increased scope; and Aesthetics.(Note: This summary applies to this bill as enacted.)

Under current law, there are 2 total program formulas to finance public schools. Absent the satisfaction of a statutorily specified condition, the first formula is scheduled to stop determining total program after the 2024-25 budget year (expiring formula), and the second formula is scheduled to determine total program beginning in the 2030-31 budget year (new formula). For the 2025-26 budget year through the 2029-30 budget year (transition period), total program is scheduled to be determined by using figures that were calculated under both the expiring formula and the new formula. The act: Extends the transition period by one year, so that it is from the 2025-26 budget year through the 2030-31 budget year; and Postpones the exclusive use of the new formula to determine total program until the 2031-32 budget year. The act changes how each school district's and institute charter school's annual total program is determined during the transition period. For the 2025-26 and 2026-27 budget years, each school district's and institute charter school's annual total program is the greater of the school district's or institute charter school's total program for the 2024-25 budget year or the amount calculated under the expiring formula plus an amount equal to 15% in 2025-26 and 30% in 2026-27 of the difference between the amounts calculated under the new formula and the expiring formula. For the 2027-28 budget year through the 2030-31 budget year, each school district's and institute charter school's annual total program is the greater of the district's or institute charter school's calculation under the expiring formula plus 1% of that calculation, or: For the 2027-28 budget year, the amount calculated under the expiring formula plus an amount equal to 45% of the difference between the amounts calculated under the new formula and the expiring formula; For the 2028-29 budget year, the amount calculated under the expiring formula plus an amount equal to 60% of the difference between the amounts calculated under the new formula and the expiring formula; For the 2029-30 budget year, the amount calculated under the expiring formula plus an amount equal to 75% of the difference between the amounts calculated under the new formula and the expiring formula; and For the 2030-31 budget year, the amount calculated under the expiring formula plus an amount equal to 90% of the difference between the amounts calculated under the new formula and the expiring formula. Under current law, there are specified conditions that apply to the transition period. If the joint budget committee determines that a specified condition occurs in a budget year during the transition period, then for the next budget year and each budget year thereafter, the transition is suspended, and each school district's total program is determined pursuant to the calculation and determination required for the budget year when the condition occurred. For one of the existing conditions, the act specifies that an income tax deposit to the state education fund that was made to correct an error does not count toward determining whether the condition has been satisfied. A school district's funded pupil count is a figure that is used as a part of determining a school district's total program. Under the expiring formula, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 4 budget years. Under current law, the new formula calculates a school district's funded pupil count by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years. The act changes the new formula so that: For the 2025-26 budget year, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years; and For the 2026-27 budget year and each budget year thereafter, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the district's pupil enrollment for the applicable budget year and the immediately preceding 2 budget years. However: If a statutorily specified condition is satisfied, and consequently for the 2026-27 budget year, a district's total program is not determined as scheduled under the transition period, then for the 2026-27 budget year, and each budget year thereafter, funded pupil count will continue to be determined by the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years; and If, for the 2027-28 budget year, the state education fund balance is projected to be less than $200 million, then the general assembly is required to implement a smoothing factor or the funded pupil count will be determined by the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding budget year for the 2027-28 budget year and each budget year thereafter. The act expiring formula is changed so that, starting in the 2027-28 budget year, the funded pupil count used in the expiring formula is the same funded pupil count that is used in the new formula to determine a district's total program during the transition period. The total program for the 2025-26 budget year is determined using the formula changes in the act. The act: Increases the statewide base per pupil funding for the 2025-26 budget year by $195.42 to account for inflation; Sets a new statewide base per pupil funding amount for the 2025-26 budget year at $8,691.80; and Sets the total program funding for the 2025-26 budget year for all school districts and institute charter schools to at least $10,036,070,748 or $10,031,606,090, depending upon whether Senate Bill 25-315 becomes law. Under current law, a new at-risk measure is required to be implemented in the 2025-26 budget year. The act repeals this requirement and requires the department of education (department) to collect data necessary to identify individual student census block groups to account for students who are at-risk of below-average academic performance and education outcomes because of socioeconomic disadvantages or poverty, but who may not qualify for free or reduced price lunch. Under current law, as a part of the charter contract, a district charter school and the school district, or the institute charter school and state charter school institute (institute), must agree on funding and services provided by the school district or institute to the charter school, subject to parameters. The act: Suspends the use of these provisions after the 2025-26 budget year; Repeals charter school at-risk supplemental aid after the 2026-27 budget year, following its gradual phase out during the 2025-26 and 2026-27 budget years; Creates incremental funding for charter schools for the 2025-26 budget year; and Requires the general assembly to consult with charter school representatives to ensure that charter schools are aligned with the implementation of the new formula. The act raises the limit from $750 million to $1 billion for the amount of money that the general assembly may appropriate to restore any or all qualified charter school debt reserve funds to their qualified charter school debt service fund requirements. Under current law, $41 million of interest and income earned on money in the public school fund is credited to certain purposes, and any remaining interest and income may be credited as specified by the general assembly or remain in the public school fund. The act requires that any remaining interest and income is credited to the public school capital construction assistance fund. The total annual amount of revenue credited to the public school capital construction fund is capped at $150 million, adjusted for inflation; except that money received from public school fund interest and income does not apply toward the cap. Any amount above the cap is credited to the state public school fund instead. The act creates the kids matter account within the state education fund. Beginning July 1, 2026, the state treasurer must deposit in the account all state revenues collected from an existing tax on 0.00065% on federal taxable income, as modified by law, of every individual, estate, trust, and corporation. The money in the account must only be used for district total program funding and total state funding for all categorical programs. Under current law, the department is required to contract with an entity to develop and implement a public information campaign to emphasize the importance of learning to read by third grade and highlight local education providers that are achieving high percentages of third-grade students who demonstrate reading competency. The act repeals the requirement that the department contract with an entity to develop and implement the information campaign. The act authorizes the department to use any unexpended money that was appropriated for the out-of-school time program grant program and is remaining at the end of the 2024-25 or 2025-26 state fiscal years in the 2025-26 or 2026-27 state fiscal years without further appropriation. The act creates and implements certain parameters for multifunction school activity buses. For the 2025-26 state fiscal year, the act: Appropriates $7,009,989 to the department from the state education fund for at-risk supplemental aid; Appropriates $7.6 million to the department from the public school capital construction assistance fund for public school capital construction assistance board cash grants; Appropriates $25 million to the department from the public school capital construction assistance fund for public school capital construction assistance board lease payments; and Adjusts the 2025-26 long bill by decreasing the cash funds appropriation from the state education fund for the state share of district's total program by $15,775,837; decreasing the cash funds appropriation from the state education fund for at-risk per pupil additional funding by $5 million; and decreasing the cash funds appropriation from the public school capital construction assistance fund for public school capital construction assistance board cash grants by $45,648,087.(Note: This summary applies to this bill as enacted.)