Sen. Dylan Roberts

With certain exceptions, for health benefit plans that are issued or renewed on or after January 1, 2027, the bill requires a health-care insurance carrier (carrier) to include a primary care provider as a participating provider in all networks, including narrow networks and all tiers of tiered networks, of the carrier's health benefit plan if the primary care provider is: Licensed to practice in Colorado; Certified or accredited by a national association for the certification or accreditation of primary care providers; Enrolled in an alternative payment model; and Credentialed by federal law to receive reimbursement for the provision of care to patients receiving benefits from medicaid. On or before December 31, 2025, the commissioner of insurance must promulgate rules to implement the bill, including rules: Establishing criteria and a process for determining whether a primary care provider meets the criteria; and Establishing a schedule for contracted reimbursements issued to primary care providers who participate in a health benefit plan. The division of insurance must contract with an actuary to determine a minimum reimbursement schedule for alternative payment models. The schedule: Must ensure that primary care providers are reimbursed at rates that are at least equal to the reimbursement rates established in law for purposes of the Colorado standardized health benefit plan; Must include adjustments for regional cost of living variations; and May include incentives for integration of behavioral health-care services and comprehensive care coordination services. If a carrier and a primary care provider do not negotiate and agree to terms of reimbursement, the carrier must compensate the primary care provider in accordance with the schedule for contracted reimbursements established by rule. If a primary care provider employed by a medical group or hospital system leaves the medical group or hospital system to establish an independent practice, the primary care provider may communicate with patients about continuing to see them in the new practice. Under current law, any covenant not to compete provision of an employment, partnership, or corporate agreement between physicians that restricts the right of a physician to practice medicine upon termination of the agreement is void; except that all other provisions of the agreement, including provisions that require the payment of damages in an amount that is reasonably related to the injury suffered by reason of termination of the agreement, are enforceable. Provisions of a covenant not to compete that require the payment of damages upon termination of the agreement may include damages related to competition. The bill: Establishes exceptions to the general prohibition on covenant not to compete provisions; Broadens the scope of the prohibition to apply to any agreement rather than applying only to employment, partnership, and corporate agreements between physicians; Narrows the existing exception to the prohibition to apply only to provisions that require the payment of damages in an amount that is reasonably related to the injury suffered due to a breach, rather than a termination, of the agreement; and Prohibits including in an agreement any of several provisions that require payment of certain types of damages. (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.)

The attorney general is authorized to appear for the state and prosecute and defend all actions and proceedings, civil and criminal, in which the state is a party or is interested when required to do so by the governor. In these circumstances, the act allows the attorney general to also expend funds, manage staff, and perform other administrative functions essential for the operation of a district attorney's office. If it is essential during this time for the attorney general to hire personnel, while the attorney general has the ultimate authority regarding hiring decisions, a committee consisting of the attorney general, a representative from the Colorado district attorneys' council, and the highest ranking attorney or official at the district attorney's office shall make recommendations regarding hiring decisions that the attorney general must consider. APPROVED by Governor April 17, 2024 EFFECTIVE April 17, 2024(Note: This summary applies to this bill as enacted.)

The act authorizes the board of trustees (board) of any local college district to determine the number of trustees on the board. The act permits 9-member boards that establish board member districts to designate one or 2 board member districts as at-large districts and permits 11-member boards that establish board member districts to designate up to 3 board member districts as at-large districts. Under existing law, voters must approve a school district's annexation into a local college district at a regular biennial school election. The act removes that restriction so that the approval vote may occur at any regular election. The act permits a recipient of a local investments in transformational affordable housing grant for a project in a rural community or rural resort community to prioritize providing affordable housing for enrolled postsecondary students, local college district employees, and local government employees in buildings on land owned and controlled by a local college district. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The bill prohibits a court, without the consent of the district attorney, from releasing a person on any unsecured personal recognizance bond if the person is accused of committing a crime of violence and the court finds probable cause to believe that the person has committed the offense, and: The person has a record of conviction for a crime of violence within the prior 2 years; or There are at least 2 pending criminal charges against the person that allege that the person committed a crime of violence and the court finds probable cause to believe that the person has committed the prior alleged offenses (repeat violent offender). Existing law requires any monetary condition of pretrial release to be reasonable. The bill states that a reasonable monetary condition for a repeat violent offender is at least $7,500. (Note: This summary applies to this bill as introduced.)

The bill makes changes to the arbitration requirements for out-of-network health insurance claims by requiring the arbitration process to include a batching process, by which multiple claims may be considered jointly and under the same arbitration fee as part of one payment determination in alignment with federal law. The commissioner of insurance is required to promulgate rules that specify the information each insurance carrier is required to submit to a provider with the initial payment of a claim.(Note: This summary applies to this bill as introduced.)

On or before September 1, 2025, the board of veterinary medicine (board) is required to promulgate rules establishing certain tasks that a licensed veterinarian may delegate to veterinary technicians and veterinary technician specialists and the recommended level of supervision for the tasks. A licensed veterinarian may delegate tasks pursuant to the board's rules after first establishing a veterinarian-client-patient relationship with an animal or group of animals and the owner of the animal or animals. The licensed veterinarian is required to provide an appropriate level of supervision of the veterinary technician or veterinary technician specialist in accordance with applicable rules of the board. If there are not applicable rules related to the specific task that is being delegated, the veterinarian may delegate the task based on the assessment of the veterinary medical care being provided, the experience, education, and training of the person providing the care, and in compliance with all state and federal laws. Beginning on January 1, 2026, the act authorizes a veterinary technician to apply to the board to receive a veterinary technician specialist designation as part of the veterinary technician's registration, grants title protection for veterinary technician specialists, and prohibits the unauthorized practice as a veterinary technician specialist by a person who does not have a veterinary technician specialist designation. APPROVED by Governor March 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

On and after January 1, 2026, the act prohibits local governments from allowing the installation, planting, or placement of nonfunctional turf, artificial turf, or invasive plant species on commercial, institutional, or industrial property, common interest community property, or a street right-of-way, parking lot, median, or transportation corridor. The act also prohibits the department of personnel from allowing the installation, planting, or placement of nonfunctional turf, artificial turf, or invasive plant species as part of a project for the construction or renovation of a state facility, which project design commences on or after January 1, 2025. Artificial turf on athletic fields of play is exempted from the prohibitions. APPROVED by Governor March 15, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

In current law, the "Colorado Recreational Use Statute" (CRUS) protects landowners (owners) from liability resulting from the use of their lands by other individuals for recreational purposes. However, the CRUS does not limit an owner's liability for injuries or death resulting from the owner's willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm (willful or malicious failure). The act states that under such circumstances, an owner does not commit a willful or malicious failure if: Prior to the injury or death, the owner posts a warning sign at the primary access point where the individual entered the land, which sign satisfies certain criteria; The owner maintains photographic or other evidence of each such sign; and The dangerous condition, use, structure, or activity that caused the injury or death is described by the sign. The act requires an individual who accesses land for recreational purposes to stay on the designated recreational trail, route, area, or roadway unless the owner expressly allows otherwise, or be deemed a trespasser. Currently, the CRUS states that "owner" includes the possessor of any interest in land. The act clarifies that "owner" includes a possessor or holder of a conservation easement. The act states that the CRUS may not be construed to limit an owner's ability to restrict or prohibit the use of the owner's land for any recreational purposes. The act also updates certain archaic language within the CRUS. APPROVED by Governor March 15, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act authorizes a board of county commissioners to establish an incentive program to offer limited county property tax credits or rebates to participants in a program designed to directly improve an area of specific local concern related to the use of real property in the county. An "area of specific local concern" is defined in the act as a use of real property in the county that is determined by the board of county commissioners to be diminishing or unavailable based on verifiable data and which use the board of county commissioners finds and declares necessary for the preservation of the health, safety, or welfare of the residents of the county, including as to matters of equity, access to housing, and access to education. An "area of specific local concern" does not include a use of real property in a county that harms or may reasonably be expected to harm a disproportionately impacted community or prevents or may reasonably be expected to prevent meeting minimum greenhouse gas emission reduction goals and deadlines. An incentive program must be established by resolution or ordinance adopted by a board of county commissioners at a public hearing, which resolution or ordinance must include the board's findings and determinations regarding the specific area of local concern and specific criteria for the qualification of program participants. The county must provide notice of the hearing, including specified information regarding the incentive program, to the clerk of each municipality that is wholly or partly located in the county and that may be impacted by the incentive program. Each such municipality must be allowed to submit written comments and provide testimony at the hearing. Incentive programs must be evaluated on an annual basis and may be renewed only if determined to be effective. An incentive program must be uniformly applied among all owners of the same class of real or commercial property. The act also authorizes municipalities to establish an incentive program offering limited municipal property tax credits or rebates to participants in a program designed to directly improve an area of specific local concern related to the use of real property in the municipality. A municipal incentive program is subject to the same substantive and procedural requirements as a county program, including the requirement to provide notice of the public hearing regarding the incentive program, and an opportunity to submit written comments and provide testimony at such hearing, to each county that includes all or any portion of the municipality and that may be impacted by the incentive program. APPROVED by Governor March 15, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)