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based on: Profile: Colorado Chapter, ACEP
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Bill:
HB23-1002
|
Title: |
Epinephrine Auto-injectors |
Description | Concerning the affordability of epinephrine auto-injectors, and, in connection therewith, making an appropriation. | Position | Support | Hearing Date | | Sponsors (House and Senate) | Senate: D. Roberts (D) House: I. Jodeh (D) J. Mabrey (D) | Summary | Effective January 1, 2024, the bill creates an epinephrine
auto-injector affordability program (program) to provide low-cost epinephrine auto-injectors to individuals who:
Are residents of this state;
Are not enrolled in the state medicaid program or the federal medicare program;
Have a prescription for an epinephrine auto-injector; and
Are not enrolled in prescription drug coverage that limits
the total amount of cost sharing that the enrollee is required to pay for an epinephrine auto-injector.
The bill requires the division of insurance in the department of
regulatory agencies (division) to create an application for 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.
The bill requires a carrier that provides coverage for prescription
epinephrine auto-injectors to cap the total amount that a covered person is required to pay for all covered prescription epinephrine auto-injectors at an amount not to exceed $60 for a 2-pack of epinephrine auto-injectors.
A pharmacy that dispenses epinephrine auto-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 epinephrine auto-injectors.
A manufacturer of epinephrine auto-injectors:
Is required to make epinephrine auto-injectors available to individuals through the program; and
May be required to reimburse the dispensing pharmacy an amount that covers the difference between the pharmacy's wholesale acquisition cost for the number of epinephrine auto-injectors dispensed through the program and the amount the recipients of the epinephrine auto-injectors paid for the same number of epinephrine auto-injectors or send the pharmacy a replacement supply of the same number of epinephrine auto-injectors.
If a manufacturer fails to comply with the requirements of the bill,
the manufacturer may be subject to a fine.
| Status | Governor Signed (06/07/2023) | Fiscal Notes | Fiscal Notes (08/09/2023) |
|
Bill:
HB23-1003
|
Title: |
School Mental Health Assessment |
Description | Concerning the creation of the "Sixth Through Twelfth Grade Mental Health Screening Act", and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: L. Cutter (D) House:
| Summary | The bill creates the sixth through twelfth grade mental health
assessment program (program) administered by the department of public health and environment (department).
The bill allows any public school that serves any of grades 6
through 12 to participate in the program and requires a public school that wants to participate in the program to notify the department.
The bill requires participating schools to provide written notice to
the parents of students within the first 2 weeks of the start of the school year in order to allow parents to opt their child out of participating in the mental health assessment.
The bill specifies that a student 12 years of age or older may
consent to participate in the mental health assessment even if the student's parent opts out.
Mental health assessments must be conducted in participating
schools by a qualified provider. The bill requires the department to select a qualified provider to administer the mental health assessment and establishes requirements that the qualified provider must meet.
The bill requires a qualified provider to notify the student's parent
under certain circumstances, if the qualified provider finds that additional treatment is needed after reviewing the student's mental health assessment results.
The bill authorizes the department to promulgate rules as necessary
to implement and administer the program.
| Status | Governor Signed (06/05/2023) | Fiscal Notes | Fiscal Notes (08/07/2023) |
|
Bill:
HB23-1029
|
Title: |
Prohibit COVID-19 Vaccine To Minor Without Consent |
Description | Concerning measures to prohibit requiring administration of a COVID-19 vaccine to a minor without informed consent. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: M. Baisley (R) House: B. Bradley (R) | Summary | The bill prohibits:
Requiring a COVID-19 vaccine for a minor in Colorado;
Administering a COVID-19 vaccine to a child without the informed consent of the child's parent or legal guardian;
Administering a COVID-19 vaccine to an emancipated
minor without the informed consent of the emancipated minor;
A school from dismissing, suspending, refusing admission, or refusing to permit participation in an extracurricular activity to a student who has claimed a COVID-19 immunization exemption;
A public or private entity from discriminating against a minor participating in a nonpublic home-based educational program based on whether the minor received the COVID-19 vaccine;
A public entity from levying a fee, fine, or tax, or a private entity from levying a fine or fee, on a minor or their parent or legal guardian based on whether the minor received the COVID-19 vaccine; or
A public or private entity from discriminating against a minor based on whether the minor received a COVID-19 vaccine.
The bill allows an aggrieved person to file a civil action and
waives sovereign immunity if the violator is a public entity.
| Status | House Committee on Health & Insurance Postpone Indefinitely (02/07/2023) | Fiscal Notes | Fiscal Notes (05/26/2023) |
|
Bill:
HB23-1030
|
Title: |
Prohibit Direct-hire Fee Health-care Staff Agency |
Description | Concerning a prohibition against requiring compensation to a health-care staffing agency if a contracted health-care facility hires the health-care staffing agency's employee as a permanent employee of the health-care facility. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: N. Hinrichsen (D) House: M. Soper (R) E. Sirota (D) | Summary | The bill prohibits a supplemental health-care staffing agency
(staffing agency) from including in a contract or agreement with a
health-care worker, nursing care facility, or assisted living residence a provision for liquidated damages, employment fees, or other compensation to be paid to the staffing agency if the nursing care facility or assisted living residence hires the health-care worker as a permanent employee either prior to or after the termination of the contract or agreement.
A staffing agency that violates the prohibition commits a civil
infraction and is subject to a monetary penalty. Further, for repeated or willful violations, the executive director of the department of labor and employment may impose monetary or administrative penalties against the staffing agency.
| Status | Governor Signed (05/01/2023) | Fiscal Notes | Fiscal Notes (05/16/2023) |
|
Bill:
HB23-1031
|
Title: |
Mental Health Professionals Reporting Exemption |
Description | Concerning an exemption for mental health professionals from requirements to report information about individuals with a sexually transmitted infection to public health entities. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: F. Winter (D) House: T. Story (D) J. Willford (D) | Summary | Under current law, every health-care provider is required to report
specified information about an individual known to the provider to have a diagnosis of or a positive test for a sexually transmitted infection to the
department of public health and environment or a local public health agency. The bill exempts mental health professionals from this reporting requirement.
| Status | Governor Signed (04/10/2023) | Fiscal Notes | Fiscal Notes (05/25/2023) |
|
Bill:
HB23-1040
|
Title: |
Prader-Willi Syndrome |
Description | Concerning updates regarding Prader-Willi syndrome. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: L. Cutter (D) R. Pelton (R) House: S. Lieder (D) L. Frizell (R) | Summary | The bill updates information associated with Prader-Willi
syndrome to conform to current laws and regulations.
| Status | Governor Signed (03/31/2023) | Fiscal Notes | Fiscal Notes (06/05/2023) |
|
Bill:
HB23-1070
|
Title: |
Mental Health Professionals Practice Requirements |
Description | Concerning the practice hours required to obtain licensure as a mental health professional. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Buckner (D) House: N. Ricks (D) | Summary | Effective January 1, 2024, the bill:
Reduces the individual and marriage and family therapy practice requirement for licensure as a marriage and family therapist from at least 2 years of post-master's or one year of postdoctoral practice to at least one year of post-master's or one year of postdoctoral practice; and
Reduces the post-degree clinical supervised practice period required for an applicant for licensure as a licensed professional counselor from at least 2 years of post-master's practice or one year of postdoctoral supervised clinical practice to at least one year of post-master's or post-doctoral supervised clinical practice.
| Status | House Committee on Health & Insurance Postpone Indefinitely (02/28/2023) | Fiscal Notes | Fiscal Notes (06/06/2023) |
|
Bill:
HB23-1071
|
Title: |
Licensed Psychologist Prescriptive Authority |
Description | Concerning the authority of a licensed psychologist to prescribe psychotropic medication for the treatment of mental health disorders. | Position | Neutral | Hearing Date | | Sponsors (House and Senate) | Senate: S. Fenberg (D) C. Simpson (R) House: J. Amabile (D) M. Bradfield (R) | Summary | The bill adds 2 members to the state board of psychologist
examiners (board) and requires 2 of the 9 members of the board to be prescribing psychologists.
The bill allows a licensed psychologist to prescribe and administer
psychotropic medications if the licensed psychologist holds a conditional
prescription certificate or a prescription certificate issued by the board.
A licensed psychologist may apply to the board for a conditional
prescription certificate and must include in the application satisfactory evidence that the applicant has met specific educational, supervisory, and clinical requirements. The board is required to issue a conditional prescription certificate to the licensed psychologist if the board determines the applicant has met the requirements. The licensed psychologist with a conditional prescription certificate may only administer and prescribe psychotropic medications under the supervision of a licensed physician or advanced practice registered nurse and must maintain a collaborative relationship with the patient's health-care provider.
A licensed psychologist who holds a conditional prescription
certificate for 2 years and who meets the specified requirements may apply for and receive a prescription certificate (prescribing psychologist). A licensed psychologist with a prescription certificate may prescribe psychotropic medication to a person if the licensed psychologist:
Holds a current license in good standing;
Maintains the required malpractice insurance; and
Annually completes at least 20 hours of continuing education.
The board is authorized to promulgate rules to:
Implement procedures for obtaining a conditional prescription certificate and a prescription certificate; and
Establish grounds for denial, suspension, and revocation of the certificates.
The bill requires a prescribing psychologist and a licensed
psychologist with a conditional prescription certificate to file with the board all individual federal drug enforcement administration registrations and numbers. The board and the Colorado medical board are required to maintain current records of every psychologist with prescriptive authority, including registrations and numbers.
The department of regulatory agencies (department) is required to
annually collect information regarding prescribing psychologists and licensed psychologists with conditional prescription certificates, to compile the information, and to share the information with the office in the department responsible for conducting sunset reviews for inclusion in each scheduled sunset review concerning the regulation of mental health professionals.
| Status | Governor Signed (03/03/2023) | Fiscal Notes | Fiscal Notes (07/10/2023) |
|
Bill:
HB23-1077
|
Title: |
Informed Consent To Intimate Patient Examinations |
Description | Concerning a requirement to obtain a patient's informed consent before performing an intimate examination of the patient under specified circumstances, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: F. Winter (D) S. Jaquez Lewis (D) House: J. Willford (D) L. Garcia (D) | Summary | The bill prohibits a licensed physician; licensed medical resident,
intern, or fellow; licensed professional nurse; advanced practice registered nurse; registered direct-entry midwife; or medical, nursing, or direct-entry midwife student or trainee (licensee, student, or trainee) from performing, and prohibits a licensed health-care facility from permitting
a licensee, student, or trainee to perform, an intimate examination on a sedated or unconscious patient unless the patient has given specific informed consent to an intimate examination. Additionally, a student or trainee may perform an intimate examination on a sedated or unconscious patient for educational or training purposes only if:
The examination is related to the planned procedure to be performed on the patient;
The patient recognizes the student or trainee as part of the patient's care team; and
The student or trainee is under the direct supervision of the supervising licensee.
The bill outlines the requirements for obtaining the patient's
informed consent. Failure to comply with the requirements of the bill, or retaliating against a person who complains about a violation of the bill, constitutes unprofessional conduct, is grounds for discipline, and subjects the licensee, student, or trainee to discipline by the regulator that regulates the particular health-care profession. A licensed health-care facility that fails to comply with the requirements of the bill is subject to sanctions imposed by the department of public health and environment.
Additionally, liability limitations otherwise applicable to
health-care professionals and institutions under current law do not apply to a licensee that performs, or a licensed health-care facility that permits a licensee to perform, an intimate examination on a sedated or unconscious patient in violation of the requirements of the bill.
| Status | Governor Signed (05/25/2023) | Fiscal Notes | Fiscal Notes (07/25/2023) |
|
Bill:
HB23-1097
|
Title: |
Painkiller Administration Prior To Abortion |
Description | Concerning the administration of a painkiller to an unborn child prior to an abortion. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate:
House: S. Luck (R) | Summary | The bill requires a health-care provider who performs an abortion
of an unborn child who is 20-weeks gestational age or more to administer a painkiller to the child prior to the abortion. The bill makes exceptions to this requirement in specific circumstances.
| Status | House Committee on Health & Insurance Postpone Indefinitely (02/17/2023) | Fiscal Notes | Fiscal Notes (05/11/2023) |
|
Bill:
HB23-1110
|
Title: |
Health-care Coverage For Biomarker Testing |
Description | Concerning requiring health-care coverage for biomarker testing. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: K. Mullica (D) J. Rich (R) House: A. Hartsook (R) | Summary | The bill requires all individual and group health benefit plans to
provide coverage for biomarker testing if the testing is supported by medical and scientific evidence. Biomarker testing is defined as an analysis of a patient's tissue, blood, or other biospecimen for the presence of an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention.
The bill requires the commissioner of insurance to implement
biomarker testing coverage for all individual and group health benefit plans issued or renewed on or after January 1, 2025.
Biomarker testing is subject to the health benefit plan's annual
deductibles, copayment, or coinsurance but is not subject to any annual or lifetime maximum benefit limit.
If a carrier requires prior authorization for biomarker testing, the
bill requires the carrier to use an expedited prior authorization process.
Subject to federal authorization and federal financial participation,
beginning July 1, 2024, the bill includes coverage for biomarker testing as part of the state medical assistance program if the testing is supported by medical and scientific evidence.
Under the state medical assistance program, the bill requires an
expedited utilization review and prior authorization process, as well as an appeal process if biomarker testing is denied.
| Status | House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed (05/11/2023) | Fiscal Notes | Fiscal Notes (07/26/2023) |
|
Bill:
HB23-1116
|
Title: |
Contracts Between Carriers And Providers |
Description | Concerning insurance contracts for health-care services that involve electronic payments to a health-care provider, and, in connection therewith, making an appropriation. | Position | Support | Hearing Date | | Sponsors (House and Senate) | Senate: R. Rodriguez (D) M. Baisley (R) House: L. Daugherty (D) A. Hartsook (R) | Summary | The bill:
Requires a contract between a health insurance carrier (carrier) and a licensed health-care provider (provider) for the provision of health-care services to covered persons under a health coverage plan issued by the carrier (contract)
to offer at least one method of payment to the provider for which there is not an associated fee; and
Prohibits the contract from restricting the form or method of payment the carrier uses to make payments to the provider so that the only acceptable payment method is a credit card payment.
If a carrier initiates a payment to a provider using, or changes the
payment method to, electronic funds transfer payments, including virtual credit card payments, the bill requires the carrier to:
Notify the provider of any fees associated with the particular payment method;
Advise the provider of the available payment methods and include instructions on how to select an alternative available method; and
With each payment, remit an explanation of benefits.
The bill prohibits a carrier from charging a fee for a change in the
payment method to a specified electronic transaction and allows a provider's billing service to charge a fee under certain circumstances.
The bill makes it an unfair method of competition and unfair or
deceptive act or practice in the business of insurance if a carrier violates or fails to comply with the requirements of the contract limitations and requirements.
| Status | Governor Signed (04/10/2023) | Fiscal Notes | Fiscal Notes (06/06/2023) |
|
Bill:
HB23-1119
|
Title: |
Abolishing Abortion In Colorado |
Description | Concerning abolishing abortion in Colorado. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate:
House: S. Bottoms (R) | Summary | The bill defines a person to include an unborn child at all stages
of gestation, from fertilization to natural death, as it relates to a private right of action and current homicide and assault provisions.
The bill declares that any existing state law relating to prenatal
homicide or assault or regulating abortion or abortion facilities is superseded to the extent it conflicts or is inconsistent with the provisions of the bill.
The bill authorizes the state to disregard any federal court decision
that purports to enjoin or void this requirement and subjects a Colorado judge to impeachment or removal if the judge purports to enjoin, stay, overrule, or void the requirement.
| Status | House Committee on Health & Insurance Postpone Indefinitely (02/17/2023) | Fiscal Notes | Fiscal Notes (05/11/2023) |
|
Bill:
HB23-1126
|
Title: |
Consumer Reports Not Include Medical Debt Information |
Description | Concerning the inclusion of certain items of information in consumer reports, and, in connection therewith, prohibiting the reporting of medical debt information by consumer reporting agencies, prohibiting debt collectors and collection agencies from falsely representing that medical debt information will be included in a consumer report or failing to timely disclose that, with certain exceptions, medical debt will not be included in a consumer report, and, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: T. Exum Sr. (D) House: N. Ricks (D) R. Weinberg (R) | Summary | Section 1 of the bill defines medical debt as any obligation or
alleged obligation of a consumer to pay any amount whatsoever arising from the receipt of health-care goods or services.
Current law prohibits a consumer reporting agency from making
any consumer report containing any of certain items of information. However, this prohibition does not apply to:
A credit transaction involving, or that may reasonably be expected to involve, a principal amount of $150,000 or more; or
The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of $150,000 or more.
Section 2 eliminates both of these exceptions to the prohibition
and substitutes a new exception, which applies to a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency. Section 2 also prohibits a consumer reporting agency from making any consumer report containing any information concerning medical debt.
Section 3 prohibits a debt collector or collection agency, when
attempting to collect medical debt or to obtain information about a consumer in relation to an attempt to collect medical debt from:
Making a false or misleading representation that the medical debt will be included in a consumer report or factored into a consumer's credit score; or
Failing to disclose that the medical debt will not be included in a consumer report and therefore not factored into a consumer's credit score.
The bill makes exceptions to these prohibitions when the
information is used in connection with a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency.
| Status | Governor Signed (06/05/2023) | Fiscal Notes | Fiscal Notes (07/18/2023) |
|
Bill:
HB23-1130
|
Title: |
Drug Coverage For Serious Mental Illness |
Description | Concerning requirements for prescription drug coverage for serious mental illness, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Rodriguez (D) C. Kolker (D) House:
| Summary | With respect to step-therapy protocols (protocols) for health
insurance, the bill defines serious mental illness and prohibits the protocols from requiring a person to try more than one prescription drug prior to receiving coverage for the drug recommended by the person's health-care provider. If certain conditions are met and attested to by the person's health-care provider, the carrier, private utilization review
organization, or pharmacy benefit manager must cover the drug recommended by the person's health-care provider.
The bill defines serious mental illness for purposes of the
Colorado Medical Assistance Act in the same manner as the term is defined for commercial health insurance. The bill requires the medical services board to require a review for coverage of a new drug approved by the federal food and drug administration for a serious mental illness within 90 days after the drug is approved.
| Status | Governor Signed (06/06/2023) | Fiscal Notes | Fiscal Notes (07/28/2023) |
|
Bill:
HB23-1142
|
Title: |
Information Of Person Reporting Child Abuse |
Description | Concerning requiring a report of known or suspected child abuse or neglect to include information related to the person making the report. | Position | Pending | Hearing Date | | Sponsors (House and Senate) | Senate: B. Kirkmeyer (R) House: R. Pugliese (R) | Summary | Current law requires reports of known or suspected child abuse or
neglect to include the source of the report and the name, address, and occupation of the person making the report whenever possible. The bill requires a report of this information in all circumstances.
| Status | House Second Reading Laid Over to 07/01/2023 - No Amendments (05/03/2023) | Fiscal Notes | Fiscal Notes (08/21/2023) |
|
Bill:
HB23-1150
|
Title: |
Provide Information On Abortion Pill Reversal |
Description | Concerning providing information about abortion pill reversal to people seeking a medication abortion, and, in connection therewith, creating the "Abortion Pill Reversal Information Act". | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate:
House: S. Bottoms (R) | Summary | The bill creates the Abortion Pill Reversal Information Act (act).
The act requires a physician or other qualified medical professional to provide state-prepared information concerning abortion pill reversal,
including a telephone number and website address where a pregnant woman can seek resources to obtain abortion pill reversal, to any woman seeking an abortion through the use of an abortion-inducing drug. The physician or other qualified medical professional must provide the information at least 24 hours before the physician prescribes or administers the abortion-inducing drug or induces the abortion.
The department of public health and environment is required to
maintain the state-prepared information on its public-facing website.
The act makes it a deceptive trade practice to fail to provide the
required information concerning abortion pill reversal. The act also includes civil penalties and professional discipline for failure to comply with the requirements in the act and allows the general assembly to appoint members to intervene in any lawsuit challenging the constitutionality of the act.
| Status | House Committee on Health & Insurance Postpone Indefinitely (02/17/2023) | Fiscal Notes | Fiscal Notes (05/12/2023) |
|
Bill:
HB23-1153
|
Title: |
Pathways To Behavioral Health Care |
Description | Concerning a feasibility study to determine pathways to behavioral health care for people with serious mental illness, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Rodriguez (D) B. Pelton (R) House: J. Amabile (D) R. Armagost (R) | Summary | The bill requires the state department of human services (state
department) to contract with an independent third party to conduct a feasibility study to determine the feasibility of creating a system to support individuals with serious mental illness through a collaboration between Colorado's behavioral health and judicial systems.
The bill requires the state department to work with the behavioral
health administration, department of local affairs, department of public safety, department of health care policy and financing, judicial department, and other state agencies to determine the eligibility requirements and application process for selecting the independent third party.
The bill requires the state department to submit a report detailing
the findings and recommendations from the feasibility study to the general assembly, the governor's office, and impacted state agencies by December 31, 2023.
| Status | Governor Signed (05/30/2023) | Fiscal Notes | Fiscal Notes (07/05/2023) |
|
Bill:
HB23-1164
|
Title: |
Opioid Harm Reduction |
Description | Concerning opioid harm reduction. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate:
House: M. Lynch (R) | Summary | Under current law, the knowing possession of any material,
compound, mixture, or preparation that weighs more than one gram and not more than 4 grams and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 4 drug felony; except that, if a defendant shows supporting evidence to establish that the defendant made a reasonable mistake of fact and did not know that the controlled substance contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the matter must be submitted to the finder of
fact in the form of interrogatory included in the verdict form. If the finder of fact determines the defendant made a reasonable mistake of fact, the defendant commits a level 1 drug misdemeanor. The bill eliminates this provision. Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs not more than one gram and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 1 drug misdemeanor; except that a fourth or subsequent offense is a level 4 drug felony. The bill eliminates the requirement that the possession must be knowing.
The bill creates the opioid antagonist fund in the department of
education to bulk purchase and distribute opioid antagonists to eligible schools. For the 2023-24 state fiscal year, the general assembly appropriates $2 million to the fund from the general fund.
The bill extends civil and criminal immunity to the department of
education, or a person acting on behalf of the department, for acting in good faith to furnish an opioid antagonist to an eligible school.
The bill requires every agency that employs a peace officer to
submit an annual report to the department of public health and environment (department) concerning every incident in which a peace officer administered an opioid antagonist to an individual. Using that information the department creates a consolidated report and provides it to the house of representatives judiciary and public and behavioral health and human services committees and the senate judiciary and health and human services committees.
| Status | House Committee on Judiciary Postpone Indefinitely (04/11/2023) | Fiscal Notes | Fiscal Notes (05/15/2023) |
|
Bill:
HB23-1167
|
Title: |
Reporting Of Emergency Overdose Events |
Description | Concerning persons who report emergency overdose events in good faith. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Rodriguez (D) House: C. deGruy Kennedy (D) S. Sharbini (D) | Summary | Under current law, a person is immune from arrest and prosecution
of certain criminal offenses if the person reports an overdose to an emergency responder and satisfies additional requirements related to the reporting. The bill extends that immunity from arrest and prosecution to the following criminal offenses:
Unlawful possession of a controlled substance if the
material, compound, mixture, or preparation contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and
Unlawful distribution or transfer of the controlled substance for the purpose of consuming all of the controlled substance with another person at a time substantially contemporaneous with the transfer, if the distribution or transfer involves certain controlled substances.
The bill creates an affirmative defense to the prosecution for
unlawful distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation that weighs not more than 4 grams and contains any amount of certain controlled substances if the person reports an overdose to an emergency responder and satisfies additional requirements related to the reporting.
| Status | Governor Signed (05/01/2023) | Fiscal Notes | Fiscal Notes (05/15/2023) |
|
Bill:
HB23-1183
|
Title: |
Prior Authorization For Step-therapy Exception |
Description | Concerning medicaid prior authorization requests for a step-therapy exception and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: F. Winter (D) House: E. Sirota (D) I. Jodeh (D) | Summary | The bill requires the department of health care policy and
financing (state department) to grant an exception to step therapy if the prescribing provider submits a prior authorization request with justification and supporting clinical documentation for treatment of a serious or complex medical condition. The bill requires the state department to provide a response to a prior authorization request for a
step-therapy exception within 24 hours after receipt of the request.
If a prior authorization request for a step-therapy exception is
incomplete or if additional clinically relevant information is required, the bill requires the state department to notify the prescribing provider within 24 hours after the submission of the request. If the state department does not receive a response within 72 hours after the state department's request for additional information, the prior authorization is denied. If the prior authorization request is denied, the bill requires the state department to inform the recipient in writing that the recipient has a right to appeal the determination.
If the state department does not make a determination regarding
the step-therapy exception request, respond to the appeal of the denial of the request, or request additional clinically relevant information, the step-therapy exception request or the appeal of the denial is deemed granted. The bill requires the state department to authorize coverage for the prescription drug prescribed by the recipient's prescribing provider if the prior authorization request for a step-therapy exception request is granted.
The bill requires the state department to make the prior
authorization requirements for coverage of prescription drugs and a description of the step-therapy exemption process available on the state department's website and provide to the recipient, upon written request, all specific clinical review criteria and other clinical information relating to a recipient's particular condition or disease.
| Status | Governor Signed (05/01/2023) | Fiscal Notes | Fiscal Notes (06/20/2023) |
|
Bill:
HB23-1192
|
Title: |
Additional Protections In Consumer Code |
Description | Concerning the creation of additional protections in the consumer code. | Position | Pending | Hearing Date | | Sponsors (House and Senate) | Senate: R. Rodriguez (D) J. Gonzales (D) House: M. Weissman (D) | Summary | Section 1 of the bill:
Removes the knowingly or recklessly mental state from the general unfair or deceptive trade practice provision concerning an unfair, unconscionable, deceptive, deliberately misleading, false, or fraudulent act or practice;
Establishes as a deceptive trade practice the act of
including in a contract offered to or entered into with a consumer a term that is substantially unconscionable or void as against public policy;
Establishes that evidence that a person has engaged in an unfair or deceptive trade practice constitutes a significant impact to the public; and
Amends the definition of recklessly with regard to unfair or deceptive trade practices to mean without regard to consequences or to the rights, interests, or safety of others.
Under current law, a person commits an unfair and unconscionable
act or practice if the person engages in price gouging with regard to the sale or provision of certain goods or services during, and for a certain period after, a declared emergency disaster (disaster period). Section 2 extends the disaster period from 180 days after the first declaration of the disaster to 180 days after the final declaration concerning the disaster expires.
Section 3 repeals and reenacts the Colorado Antitrust Act of
1992 as the Colorado State Antitrust Act of 2023 (act) and:
Establishes that the facilitation or aiding and abetting of another person's violation of the act is itself a violation of the act;
Authorizes the attorney general (AG) to request discovery from any person that the AG believes may in the future engage in, or has information related to, a violation of the act;
Authorizes the AG to deem investigatory or intelligence records related to the act available for public inspection, but allows the AG to issue public statements or warnings regarding conduct forming the basis of the investigatory or intelligence records without waiving the AG's authority not to deem the records available for public inspection;
Authorizes a court, upon request of the AG, to compensate a person that has been injured from a violation of the act as part of a civil action that the AG brings on behalf of the person;
Increases the maximum civil penalty that a court may award for a violation of the act from $250,000 to $1,000,000 per violation; and
With regard to the statute of limitations for commencing a civil action under the act:
Clarifies that a cause of action accrues on the date of the last in a series of acts or practices that, in the aggregate, constitute a violation of the act;
Tolls the statute of limitations for any civil action pertaining to an alleged violation of the act during
the pendency of a federal proceeding regarding the conduct forming the basis of the alleged violation of the act; and
Exempts the AG from the statute of limitations.
| Status | Governor Signed (06/07/2023) | Fiscal Notes | Fiscal Notes (07/28/2023) |
|
Bill:
HB23-1195
|
Title: |
Automated Pharmacy Dispensing System |
Description | Concerning the operation of automated pharmacy dispensing systems. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Ginal (D) B. Kirkmeyer (R) House: M. Soper (R) | Summary | The bill authorizes a prescription drug outlet to operate an
automated pharmacy dispensing system for the purpose of dispensing prescription medications, other than controlled substances, to patients.
| Status | Governor Signed (05/01/2023) | Fiscal Notes | Fiscal Notes (08/24/2023) |
|
Bill:
HB23-1201
|
Title: |
Prescription Drug Benefits Contract Term Requirements |
Description | Concerning prescription drug benefits contract term requirements, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Smallwood (R) K. Mullica (D) House: M. Soper (R) L. Daugherty (D) | Summary | For group benefit plan contracts between a pharmacy benefit
manager (PBM) or a health insurance carrier (carrier) and an employer, certificate holder, or policyholder, the bill requires that the amount charged by the PBM or carrier to the employer, certificate holder, or policyholder for a prescription drug be equal to or less than the amount paid by the PBM or carrier to the contracted pharmacy for the drug.
The bill creates transparency requirements for PBMs and carriers
regarding prescription drug benefits and grants audit authority to the department of health care policy and financing for self-funded plans and to the commissioner of insurance for fully insured plans, on request of the office of the attorney general, to ensure compliance with the requirements.
A violation of the requirements of the bill is a deceptive trade
practice under the Colorado Consumer Protection Act, with regard to self-funded plans, and a deceptive trade practice in the business of insurance, with regard to fully insured plans.
| Status | Governor Signed (05/10/2023) | Fiscal Notes | Fiscal Notes (06/20/2023) |
|
Bill:
HB23-1202
|
Title: |
Overdose Prevention Center Authorization |
Description | Concerning the ability of a municipality to authorize the establishment of life-saving overdose prevention centers. | Position | Support | Hearing Date | | Sponsors (House and Senate) | Senate: K. Priola (D) J. Gonzales (D) House: E. Epps (D) J. Willford (D) | Summary | The bill specifies that a city may authorize the operation of an
overdose prevention center within the city's jurisdiction for the purpose of saving the lives of persons at risk of preventable overdoses.
| Status | Senate Committee on Health & Human Services Postpone Indefinitely (04/26/2023) | Fiscal Notes | Fiscal Notes (05/15/2023) |
|
Bill:
HB23-1209
|
Title: |
Analyze Statewide Publicly Financed Health-care |
Description | Concerning the analysis of a universal health-care system, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: S. Jaquez Lewis (D) House: K. McCormick (D) A. Boesenecker (D) | Summary | The bill requires the Colorado school of public health to analyze
model legislation for implementing a publicly financed and privately delivered universal health-care payment system for Colorado that directly compensates providers. The Colorado school of public health must submit a report detailing its findings from the analysis to the general assembly by December 1, 2023.
The bill also creates the statewide health-care analysis task force
consisting of members appointed by the general assembly and the
governor, as well as executive directors of specified state departments, the commissioner of insurance, and the chief executive officer of the Colorado health benefit exchange or any designees of the executive directors, the commissioner, and the chief executive officer. The task force is created for the purpose of advising the Colorado school of public health during the analysis.
| Status | Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole (05/06/2023) | Fiscal Notes | Fiscal Notes (07/26/2023) |
|
Bill:
HB23-1213
|
Title: |
Stop The Bleed School Training And Kits |
Description | Concerning the distribution of stop the bleed materials to schools, and, in connection therewith, making an appropriation. | Position | Support | Hearing Date | | Sponsors (House and Senate) | Senate: K. Mullica (D) House: M. Young (D) M. Bradfield (R) | Summary | The bill requires the Colorado department of public health and
environment (department) to distribute stop the bleed training materials and bleed control kits to K-12 schools that opt into receiving them. The bill also requires the department, in collaboration with the American college of surgeons' committee on trauma, to report the number of schools that opt in, the number of people who have been trained in stop the bleed
procedures in schools, the total number of stop the bleed control kits sent to schools, and the total cost of the program for each school year.
| Status | Governor Signed (05/15/2023) | Fiscal Notes | Fiscal Notes (06/29/2023) |
|
Bill:
HB23-1215
|
Title: |
Limits On Hospital Facility Fees |
Description | Concerning limitations on hospital facility fees, and, in connection therewith, making and reducing an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: L. Cutter (D) K. Mullica (D) House: E. Sirota (D) A. Boesenecker (D) | Summary | The bill defines health-care provider as a person that is licensed
or otherwise authorized in this state to furnish a health-care service, which includes a hospital and other providers and health facilities.
The bill prohibits a health-care provider (provider) affiliated with
or owned by a hospital or health system from charging a facility fee for health-care services furnished by the provider for:
Outpatient services provided at an off-campus location or through telehealth; or
Certain outpatient, diagnostic, or imaging services identified by the medical services board as services that may be provided safely, reliably, and effectively in nonhospital settings.
The bill:
Requires a provider that charges a facility fee to provide notice to a patient that the provider charges the fee and to use a standardized bill that includes itemized charges identifying the facility fee, as well as other information;
Requires the administrator of the all-payer health claims database to prepare an annual report of the number and amount of facility fees by payer, codes with the highest total paid amounts and highest volume, and other information; and
Makes it a deceptive trade practice to charge, bill, or collect a facility fee when doing so is prohibited.
| Status | Governor Signed (05/30/2023) | Fiscal Notes | Fiscal Notes (08/28/2023) |
|
Bill:
HB23-1218
|
Title: |
Health Facility Patient Information Denied Service |
Description | Concerning requiring that a health-care facility inform patients as part of the informed consent process of services that the health-care facility refuses to provide to patients when the refusal is for nonmedical reasons, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: S. Jaquez Lewis (D) House: B. Titone (D) K. Brown (D) | Summary | The bill requires the department of public health and environment
(department) to identify health-care services that are or may be subject to
a denial of care in this state and to develop a simple service availability form to be filled out by a covered entity for the purpose of conveying to patients and to the public information about health-care services that, for nonmedical reasons, are not generally available at the covered entity or that are subject to significant restriction at the covered entity.
The bill defines:
Covered entity as a hospital, community clinic, maternity hospital, freestanding emergency department, or rehabilitation hospital;
Denial of care, in part, as refusal to provide health-care services for nonmedical reasons; and
Nonmedical reasons, in part, as nonclinical criteria, rules, or policies that restrict health-care professionals and covered entities from providing health-care services that the professionals or facilities are authorized or licensed to provide.
The bill includes requirements for the content and format of the
service availability form and requires the department to publish and maintain on its public-facing website a list of covered entities and the service availability form for the covered entity.
The bill authorizes the department to update the service availability
form at least biennially. The executive director of the department shall adopt rules to implement the requirements in the bill and investigate complaints and assess fines against covered entities that fail to comply with the requirements in the bill.
The department shall implement a public awareness program that
includes how denial of care may negatively impact health-care access and quality of care, how denial of care may be avoided, and the impacts of denial of care on vulnerable people and communities.
A covered entity shall provide patients with the current service
availability form as part of the informed consent process prior to initiating a health-care service and shall maintain a record of the patient's receipt of the form. The covered entity shall encourage health-care professionals with privileges at the covered entity to share the covered entity's service availability form with a patient when a health-care service is scheduled at the covered entity.
| Status | Governor Signed (05/10/2023) | Fiscal Notes | Fiscal Notes (06/22/2023) |
|
Bill:
HB23-1224
|
Title: |
Standardized Health Benefit Plan |
Description | Concerning changes to the "Colorado Standardized Health Benefit Plan Act". | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: D. Roberts (D) House: K. Brown (D) I. Jodeh (D) | Summary | The bill makes changes to the Colorado Standardized Health
Benefit Plan Act to:
Require the Colorado health benefit exchange (exchange), with the consent of the commissioner of insurance (commissioner), to develop a format for displaying the standardized plans on the exchange;
Grant the commissioner 120 days to review the rate filings for standardized plans instead of the current 60 days;
Require a carrier to notify the commissioner of the steps the carrier will take to meet premium rate requirements if the carrier is unable to offer a standardized plan;
Make changes to the requirements for public hearings held by the commissioner for carriers who are unable to offer the standardized plan; and
Specify that decisions of the commissioner are final agency actions subject to judicial review in the court of appeals.
| Status | Governor Signed (05/10/2023) | Fiscal Notes | Fiscal Notes (06/22/2023) |
|
Bill:
HB23-1225
|
Title: |
Extend And Modify Prescription Drug Affordability Board |
Description | Concerning the prescription drug affordability board, and, in connection therewith, modifying the affordability review process, allowing the board to establish upper payment limits for an additional number of prescription drugs, clarifying which board functions are subject to judicial review, authorizing an individual to request an independent external review of a denial of a request for benefits for a prescription drug that has been withdrawn from sale or distribution in the state, and extending the repeal date of the board. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Buckner (D) S. Jaquez Lewis (D) House: R. Dickson (D) | Summary | In 2021, the general assembly enacted SB 21-175, which created
the prescription drug affordability board (board) in the division of insurance (division) and an affordability review process whereby the board may review costs associated with, and establish upper payment limits for, certain prescription drugs. The bill makes certain changes concerning the board.
Section 1 defines board activity, and section 2 states that only
board members, and not staff members or contractors of the division, are required to recuse themselves from any board activity or vote where they have a conflict of interest.
Section 3 allows the chair of the board to cancel or postpone a
board meeting for good cause.
Section 4 makes certain changes to the procedure by which the
board identifies prescription drugs that may be subjected to an affordability review. Section 4 also requires the board to report on its public web page certain information regarding its considerations.
Section 5 removes language prohibiting the board from
establishing an upper payment limit for more than 12 prescription drugs within a specified period.
Section 6 establishes that an upper payment limit for a prescription
drug is not a final agency action that is subject to judicial review until the board promulgates a rule establishing the upper payment limit.
Sections 6 and 7 remove certain language describing an appeals
process for appealing decisions of the board.
Sections 8 and 9 extend the repeal and associated sunset review
of the board from September 1, 2026, to September 1, 2031.
Section 10 establishes that a denial of a request for benefits for a
prescription drug that is unavailable in the state because a manufacturer has withdrawn the prescription drug from sale or distribution within the state is an adverse determination for which an individual may request an independent external review.
| Status | Governor Signed (05/10/2023) | Fiscal Notes | Fiscal Notes (07/07/2023) |
|
Bill:
HB23-1226
|
Title: |
Hospital Transparency And Reporting Requirements |
Description | Concerning transparency requirements for hospitals, and, in connection therewith, creating more timely submissions of data; providing insights into transfers of cash and profits and reserves, including those leaving Colorado; reporting on all information received; reporting information by each hospital in addition to health systems; disclosing executive compensation, including compensated incentives; reporting mergers and acquisitions of hospitals and physicians; reporting investments in capital equipment and construction; and making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: D. Roberts (D) P. Will (R) House: M. Soper (R) | Summary | Current law requires the department of health care policy and
financing (state department) to annually prepare a written hospital expenditure report. The bill changes the name of the report to the hospital transparency report (transparency report).
The bill adds specified information that each hospital shall report
to the state department for the transparency report.
No later than July 1, 2024, the bill requires each hospital to
provide specified information to the state department for previous fiscal years.
The bill authorizes the state department to impose certain
enforcement mechanisms against a hospital that does not provide all of the information required to be reported to the state department.
Beginning July 1, 2024, the bill requires any patient bill to include
a clear, plain language description of the services the patient is being billed for and a statement that the patient has a right to receive a detailed explanation of the services charged and who to contact to receive such information.
| Status | Governor Signed (06/02/2023) | Fiscal Notes | Fiscal Notes (07/28/2023) |
|
Bill:
HB23-1227
|
Title: |
Enforce Laws Against Pharmacy Benefit Managers |
Description | Concerning the enforcement of requirements imposed on pharmacy benefit managers, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: S. Jaquez Lewis (D) P. Will (R) House: D. Ortiz (D) I. Jodeh (D) | Summary | Under current law, pharmacy benefit managers (PBMs) are
required to perform certain acts and are prohibited from engaging in certain acts. Specifically, PBMs are prohibited from:
Requiring patients to obtain their prescription drugs through mail order;
Charging pharmacies fees to adjudicate claims;
Requiring pharmacies to obtain accreditations or certifications that are different than what the PBM requires of its affiliated pharmacies;
Retroactively reducing a payment made to a pharmacy on a drug claim after the point of sale or reimbursing a pharmacy in an amount that is less than the amount reimbursed to its own affiliated pharmacy for the same pharmacy service;
Modifying the prescription drug formulary under a health benefit plan during the plan year;
With regard to audits, using specified techniques in calculating a recoupment or penalty, subjecting a pharmacy to recoupment when a clerical error is discovered, and requiring pharmacies to be audited more than once a year;
Prohibiting a pharmacy or pharmacist from, or penalizing a pharmacy or pharmacist for, providing information to patients about more affordable, therapeutically equivalent alternatives to a prescribed drug; or
Requiring a pharmacy or pharmacist to charge or collect a copayment from an insured patient that exceeds the total charge submitted by the pharmacy for the prescription drug.
Additionally, PBMs are required to:
Provide pharmacies 7 days' written notice before an audit, conduct an audit by or in consultation with a pharmacist, allow the pharmacy to supplement claims documentation, and establish an appeals process;
Provide an insured individual, the insured's health-care provider, or a third party acting on behalf of the insured or provider with up-to-date and real-time cost, benefit, and coverage information under the terms of the insured's health benefit plan; and
Provide contracted pharmacies with the list of sources the PBM used in determining maximum allowable cost pricing, update the information every 7 days, allow pharmacies the ability to readily review the information, follow specified requirements when placing a drug on the maximum allowable cost list, and establish an appeals process to resolve disputes.
The bill specifies that the commissioner of insurance
(commissioner) has the power to enforce these prohibitions and requirements and impose penalties on PBMs for failing to comply with these prohibitions and requirements.
Additionally, the bill requires:
PBMs to register with and pay a registration fee to the
commissioner; and
Health insurers to pay a fee when filing with the commissioner their list of PBMs they use for prescription drug benefits administration.
The fees imposed under the bill are to be used to fund the costs of
the division of insurance in enforcing requirements and prohibitions on PBMs.
| Status | Governor Signed (05/10/2023) | Fiscal Notes | Fiscal Notes (06/28/2023) |
|
Bill:
HB23-1243
|
Title: |
Hospital Community Benefit |
Description | Concerning changes to the hospital community benefit, and, in connection therewith, making an appropriation. | Position | Pending | Hearing Date | | Sponsors (House and Senate) | Senate:
House: J. Amabile (D) | Summary | The bill makes changes to the hospital community benefit and
imposes certain requirements on the public presentation of each hospital's community implementation plan. The bill requires each hospital to:
Solicit feedback from the community during each annual presentation of its proposed community benefit implementation plan for the following year;
Submit a report that details who attended the public meeting, the topics discussed at the meeting, and any
decisions made as a result of the discussion;
Make the report available to the public; and
Complete a community benefit implementation plan that addresses the needs described in the reporting hospital's community health needs assessment and includes an explanation of the community served by the hospital.
The bill requires the state board to promulgate rules governing the
accessibility standards for the public meetings and to implement best practices to ensure public engagement from a diverse range of populations.
The bill requires the department of health care policy and
financing (state department) to:
Include in its annual report a summary of the estimated federal and state tax exemptions made by each hospital;
Establish a minimum annual community investment target based on certain calculation standards; and
Set requirements for compliance, and allows the state department to take remedial action if a hospital fails to comply with the hospital community benefit requirements.
| Status | Governor Signed (05/10/2023) | Fiscal Notes | Fiscal Notes (07/26/2023) |
|
Bill:
HB23-1244
|
Title: |
Regional Health Connector Program |
Description | Concerning the transfer of the regional health connector program from the university of Colorado school of medicine to the prevention services division in the department of public health and environment, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: K. Priola (D) House: E. Velasco (D) | Summary | The bill moves the regional health connector program (program)
from the university of Colorado school of medicine to the prevention services division (division) in the department of public health and
environment. The bill requires the division to contract with a third-party entity to coordinate and oversee the program. The contracted entity is required to distribute money to each locally based host organization, which hires and supports a regional health connector to engage in program activities.
| Status | Governor Signed (06/07/2023) | Fiscal Notes | Fiscal Notes (07/31/2023) |
|
Bill:
HB23-1256
|
Title: |
Health-care Professional Telehealth Out-of-state Patient |
Description | Concerning the ability of a health-care professional authorized to practice in Colorado to render care through telehealth to individuals located in another state. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: L. Cutter (D) House: R. English (D) | Summary | The bill specifies that a Colorado-licensed, -certified, or
-registered health-care professional may render care via telehealth to patients or clients located in another state if the professional is authorized
to practice the profession in the other state pursuant to an interstate compact or other grant of authority from the other state.
| Status | House Committee on Public & Behavioral Health & Human Services Postpone Indefinitely (04/05/2023) | Fiscal Notes | Fiscal Notes (05/23/2023) |
|
Bill:
HB23-1269
|
Title: |
Extended Stay And Boarding Patients |
Description | Concerning efforts to promote clinical stabilization for youth involved in the behavioral health system, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Bridges (D) R. Gardner (R) House: S. Gonzales-Gutierrez (D) R. Pugliese (R) | Summary | The bill requires the department of health care policy and
financing to analyze how directed payment authority can be used as part of a comprehensive plan to facilitate an adequate network of services for children and youth by requiring each managed care entity to pay no less than state department-established fee schedule rates for services needed to promote clinical stabilization.
No later than July 1, 2023, the bill requires the department of
human services (CDHS) to form a working group to make recommendations about developing an incentive funding pool pilot program to incentivize residential treatment providers to accept and treat children and youth who have high-acuity behavioral health needs to appropriate treatment and placement.
The bill requires the behavioral health administration (BHA) to
develop a framework to measure and assess how the behavioral health system for children and youth is functioning, which framework must include measures of accountability for children and youth who are boarding or in extended stay.
Beginning September 1, 2023, and each quarter thereafter until
October 1, 2024, the bill requires each hospital to report de-identified information to the BHA on the total number of children and youth patients who were boarding or had extended stay in the previous quarter; if known, how many children and youth who were boarding or had extended stay and were in county custody at the time; and, for patients who were discharged during the quarter, where the patients were discharged to.
Beginning September 1, 2023, and each quarter thereafter until
October 1, 2024, the bill requires CDHS to report de-identified information to the BHA on the total number of children and youth in the custody of, or who had involvement with, a county department of human or social services who spent time at least overnight in a hotel or a county department office as a stopgap setting or remained in detention when the child or youth could have been released but no placement was available.
No later than September 1, 2023, and each quarter thereafter until
October 1, 2024, the bill requires the BHA to report aggregated and de-identified information submitted to the BHA to the BHA advisory council and to the child and youth mental health service standards advisory board.
The bill requires CDHS to develop a plan for whenever a
residential treatment facility for children and youth closes or has a substantial change in operation to support children and youth treatment capacity elsewhere in a manner that most appropriately serves the behavioral health needs of the child or youth.
| Status | Governor Signed (06/05/2023) | Fiscal Notes | Fiscal Notes (08/29/2023) |
|
Bill:
HB23-1288
|
Title: |
Fair Access To Insurance Requirements Plan |
Description | Concerning fair access to insurance coverage for persons unable to obtain insurance coverage for their real property. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: D. Roberts (D) House: J. McCluskie (D) J. Amabile (D) | Summary | The bill creates a nonprofit unincorporated legal entity, the fair
access to insurance requirements plan association (association), to help persons who are unable to find coverage in the voluntary market obtain property insurance coverage for their real property.
The association must:
Establish, offer, and maintain a property insurance policy that satisfies the requirements specified in the bill;
Establish a reinsurance association; and
Assess and share among member insurers all expenses, income, and losses based on each member insurer's written premium in the state.
The association is managed by a board of directors consisting of
9 members appointed by the governor. The board is required to administer the fair access to insurance requirements plan (FAIR plan).
The FAIR plan must include rates that:
Are not excessive, inadequate, or unfairly discriminatory;
Are actuarially sound so that revenue generated from premiums is adequate to pay for expected losses, expenses, and taxes and the cost of reinsurance; and
Reflect the investment income of the FAIR plan.
The plan of operation for the FAIR plan may include provisions
establishing maximum limits of liability, reasonable underwriting standards for determining the insurability of a risk, and commissions to be paid to the licensed producers that offer the FAIR plan.
The commissioner of insurance may suspend or revoke the
certificate of authority to transact insurance business in this state of any member insurer that fails to timely pay a fee or to comply with the plan of operation for the FAIR plan.
| Status | Governor Signed (05/12/2023) | Fiscal Notes | Fiscal Notes (08/08/2023) |
|
Bill:
HB23-1295
|
Title: |
Audits Of Department Of Health Care Policy And Financing Payments To Providers |
Description | Concerning the review of payments made by the department of health care policy and financing to providers, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Zenzinger (D) B. Kirkmeyer (R) House: R. Bockenfeld (R) S. Bird (D) | Summary | Joint Budget Committee. The bill makes the following changes
to the reviews and audits of the payments by the department of health care policy and financing (department) to providers:
The department shall review and audit underpayments and overpayments to providers;
If the department determines that an overpayment occurred
because services could have been provided at a lower cost setting, the overpayment is the difference between the amount paid and the amount due if the services had been provided under other circumstances;
Any overpayment review evaluating medical necessity must be conducted by a Colorado physician relying only on the information available at the time of treatment;
The department shall not declare the existence of an overpayment until providers have exhausted all administrative and judicial remedies;
If the department determines that there has been an underpayment, the department shall pay the provider the amount due because of the underpayment, plus interest;
Reimbursement for covered services, including amounts collected for an overpayment, must be in an amount adequate to ensure access to care;
Audits and reviews must not occur more than 3 years after the date the claim was filed;
Notices of adverse action that fail to comply with department rules are void;
In an appeal of a determination of overpayment or underpayment, an administrative law judge's ruling must be published on the department's website and other administrative law judges may rely on previous rulings as precedent;
The department shall annually identify billing errors common across multiple providers to enable providers to correct the errors;
The department may contract with a qualified agent to review or audit payments to providers for both overpayments and underpayments and must protect against conflicts of interest;
In any contingency-based contract for review or audit of payments, the compensation must not exceed 12.5% of the amount of overpayments collected and the amount due because of underpayments determined;
At least quarterly, the department shall publish on its website an audit activity report detailing current and recently completed audits and reviews and summaries of the findings of such audits and reviews and a copy of the contracts, scopes of work, and information regarding supervision of contractor deliverables for audits and reviews;
The department shall create a provider advisory group to advise the department on issues that providers have
concerning the audits and reviews; and
The department shall contract for an independent review of reviews and audits conducted from the 2018-19 to the 2022-23 state fiscal years for compliance with coding practice standards and state law.
| Status | Governor Signed (06/01/2023) | Fiscal Notes | Fiscal Notes (08/29/2023) |
|
Bill:
HB23-1300
|
Title: |
Continuous Eligibility Medical Coverage |
Description | Concerning extending continuous eligibility medical coverage for certain individuals, and, in connection therewith, seeking federal authorization and making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Zenzinger (D) B. Kirkmeyer (R) House: S. Bird (D) E. Sirota (D) | Summary | Joint Budget Committee. The bill requires the department of
health care policy and financing (state department) to conduct a study to determine the feasibility of extending continuous eligibility medical
coverage for eligible children and adults.
The state department is required to submit a report detailing its
findings and recommendations from the feasibility study to the joint budget committee of the senate and house of representatives, the governor, and to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or any successor committees, by January 1, 2026.
The state department is required to prepare documents seeking
federal authorization to provide continuous eligibility medical coverage to eligible adults and children and include the completed federal authorization documents with its report submitted to the joint budget committee of the senate and house of representatives, the governor, and to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or any successor committees.
No later than April 1, 2024, the state department is required to seek
federal authorization to extend continuous eligibility coverage for children less than 3 years of age, including children who would be eligible for medical assistance coverage but are not because of their immigration status, and to extend eligibility coverage for 12 months for adults who have been released from a Colorado department of corrections facility, regardless of a change in income.
The bill makes an appropriation.
| Status | Governor Signed (06/01/2023) | Fiscal Notes | Fiscal Notes (08/29/2023) |
|
Bill:
HB23-1303
|
Title: |
Protect Against Insurers' Impairment And Insolvency |
Description | Concerning protections in the event of an insurance company failure. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: C. Hansen (D) D. Roberts (D) House: J. McCluskie (D) K. Brown (D) | Summary | The bill amends the priority of distribution of insurance claims
paid from an insurer's estate in the event of the insurer's liquidation to include in the class 1 distribution priority payments that an impaired or insolvent insurer owes to the risk adjustment program that are necessary to prevent another insurer from becoming impaired or insolvent. This prioritization adjustment repeals on July 1, 2026.
The bill also amends the Life and Health Insurance Protection
Association Act (act) as follows:
Adds health maintenance organizations (HMOs) as members of the association and subjects HMOs to assessments from the association;
Allocates responsibility for long-term care insurance assessments between health insurance and life insurance association members; and
Specifies that the act does not provide coverage to a person that acquires rights to receive, or to a payee or beneficiary that transfers its rights in, a structured settlement factoring transaction, as defined in federal law, regardless of when the transaction occurred.
| Status | Governor Signed (05/15/2023) | Fiscal Notes | Fiscal Notes (07/05/2023) |
|
Bill:
SB23-009
|
Title: |
Limit Opioid Prescription And Exception For Intractable Pain |
Description | Concerning a per day limit on the amount of an opioid that a prescriber may prescribe to a patient, and, in connection therewith, creating an exception for a patient with intractable pain. | Position | Support | Hearing Date | | Sponsors (House and Senate) | Senate: J. Ginal (D) House:
| Summary | The bill prohibits a prescriber from issuing to a patient a
prescription for an opioid that will be dispensed or administered outside of a health-care facility or the prescriber's practice location if the amount
of the opioid exceeds 90 morphine milligram equivalents per day, unless the patient suffers from intractable pain.
| Status | Senate Committee on Health & Human Services Postpone Indefinitely (01/26/2023) | Fiscal Notes | Fiscal Notes (01/23/2023) |
|
Bill:
SB23-020
|
Title: |
Timely Certified Death Certificates |
Description | Concerning the timely issuance of a certified death certificate. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Coleman (D) House: I. Jodeh (D) R. Weinberg (R) | Summary | Current law requires a certificate of death for every death that
occurs in Colorado to be filed with the state registrar within 5 days after the death occurs. The funeral director is responsible for filing the death certificate and must obtain the medical certification necessary to complete the portion of the certificate pertaining to the cause of death from a qualified individual. Physicians must complete, sign, and return to the
funeral director all medical certification within 48 hours after a death occurs. If an inquiry is required to be made to a coroner, the coroner must determine the cause of death and complete and sign the medical certification within 48 hours after taking charge of the case. If the cause of death cannot be determined within 48 hours after a death, the medical certification must be completed as provided by rule.
The bill changes the time frame required to file a certificate of
death with the state registrar from 5 days to 48 hours with limited exceptions. It also imposes a requirement that a funeral director file the certificate within 48 hours if they are able to obtain the medical certification from a qualified individual within those 48 hours. The bill requires that a qualified individual complete the medical certification within 36 hours after the death has occurred unless an inquiry is required to be made to a coroner. The coroner shall determine the cause of death and complete the medical certification within 48 hours after taking charge of the case unless in good faith, the coroner determines that additional time is needed, in which case, the coroner must determine the cause of death and complete the medical certification as soon as practicable.
Section 2 of the bill requires the department of public health and
environment, upon request, to provide a certified death certificate to an applicant having a direct and tangible interest in the certified copy of the record of death within 24 hours.
| Status | Governor Signed (05/01/2023) | Fiscal Notes | Fiscal Notes (08/31/2023) |
|
Bill:
SB23-023
|
Title: |
CPR Training In High Schools |
Description | Concerning CPR training for high school students. | Position | Support | Hearing Date | | Sponsors (House and Senate) | Senate: J. Rich (R) J. Marchman (D) House: R. Holtorf (R) E. Hamrick (D) | Summary | The bill encourages each public school in the state to provide
instruction on cardiopulmonary resuscitation and the use of an automated external defibrillator to students in grades 9 through 12. The bill requires the instruction to meet certain requirements.
The bill requires the instruction of cardiopulmonary resuscitation
and the use of an automated external defibrillator to be included in the curriculum for a high school that participates in the Colorado comprehensive health education program.
| Status | Governor Signed (03/23/2023) | Fiscal Notes | Fiscal Notes (05/31/2023) |
|
Bill:
SB23-031
|
Title: |
Improve Health-care Access For Older Coloradans |
Description | Concerning improving older Coloradans' access to trained geriatric specialist health-care providers, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Danielson (D) L. Cutter (D) House: B. Titone (D) M. Lindsay (D) | Summary | The bill creates the Colorado multidisciplinary health-care
provider access training program (program) to improve the health care of medically complex, costly, compromised, and vulnerable older Coloradans. The university of Colorado Anschutz medical campus shall develop, implement, and administer the program. The program may be offered to Colorado institutions of higher education with clinical health
professions graduate degree programs. The program coordinates and expands geriatric training opportunities for clinical health professions graduate students (students) enrolled in participating Colorado institutions of higher education (participating institutions) across Colorado studying to become advanced practice providers; dentists; nurses; occupational therapists; pharmacists; physicians, including medical doctors and doctors of osteopathy; physical therapists; psychologists; social workers; and speech-language therapists. Students who successfully complete the program are awarded certificates and issued letters authorizing those students to become trainers for the program in clinics across the state.
The bill creates the Colorado multidisciplinary health-care
provider access training program advisory committee (committee) to ensure that the training for the program is consistent and collaborative across the fields of study. The committee is required to:
Appoint a program chair;
Set the program's standards for training and delivery of multidisciplinary medical care to medically complex, costly, compromised, and vulnerable older Coloradans;
Establish requirements for the program;
Identify and invite institutions of higher education that offer appropriate clinical health professions graduate degree programs to become participating institutions;
Collaborate with participating institutions of higher education across Colorado to enhance recruitment of students to enter a field specific to geriatrics and select students with an interest in geriatric care to participate in the program;
Assist with updating the program's curricula;
Analyze data collected by the program;
Build a multidisciplinary network of trained geriatric clinicians to collaborate and provide opportunities for clinicians to work together to better understand the roles of each health-care discipline in urban, rural, and underserved communities when caring for older Coloradans;
Improve placement of students in experiential clinical training opportunities, prioritizing rural and underserved communities;
Coordinate with graduates of the program to become geriatric trainers for future students; and
Increase the number of clinical training sites across Colorado, specifically in rural and underserved communities.
| Status | Governor Signed (06/05/2023) | Fiscal Notes | Fiscal Notes (07/17/2023) |
|
Bill:
SB23-033
|
Title: |
Medicaid Preauthorization Exemption |
Description | Concerning prior authorization exemption for medicaid coverage of medications treating serious mental illness. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Fields (D) R. Rodriguez (D) House: J. Amabile (D) | Summary | 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.
| Status | Senate Committee on Health & Human Services Refer Unamended to Appropriations (02/09/2023) | Fiscal Notes | Fiscal Notes (05/15/2023) |
|
Bill:
SB23-041
|
Title: |
Prescription Drugs For Off-label Use |
Description | Concerning the authorization of prescription drugs approved by the federal food and drug administration for off-label use. | Position | Amend | Hearing Date | | Sponsors (House and Senate) | Senate: J. Ginal (D) J. Smallwood (R) House: J. Amabile (D) | Summary | The bill authorizes a physician, a physician assistant, and an
advanced practice registered nurse (prescriber) to prescribe and administer a drug approved by the federal food and drug administration for an off-label use if:
The off-label use of the drug for the indication has
longstanding, common use;
There is medical evidence to support the off-label use and no known evidence contraindicating such off-label use; and
The prescriber has provided the patient or a minor patient's parent or guardian with an informed consent form, and the patient or parent or guardian has signed the form.
The bill applies the same standard of care for the off-label use of
the drug as for the on-label use of the drug.
The bill clarifies that a pharmacist who fills a prescription for
off-label use is not subject to discipline by the state board of pharmacy.
| Status | House Committee on Health & Insurance Postpone Indefinitely (03/21/2023) | Fiscal Notes | Fiscal Notes (05/31/2023) |
|
Bill:
SB23-068
|
Title: |
Operations Of County Public Hospitals |
Description | Concerning modifications to the operations of a public hospital board of trustees created by a board of county commissioners. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: T. Exum Sr. (D) R. Pelton (R) House: R. Pugliese (R) M. Lukens (D) | Summary | Current law allows the residents of any county to present their
board of county commissioners with a petition asking that a public hospital board of trustees (hospital board) be appointed and that an annual tax be levied for the establishment and maintenance of a public hospital in the county. The board of county commissioners may create, by
resolution, a hospital board to levy the tax and may appropriate money to the hospital board for purchasing or building a hospital and for maintaining the hospital. The bill makes the following changes regarding hospital boards:
Currently, if a hospital board acquires real property, title to the real property must be in the name of the county. The bill authorizes real property to be in the name of either the county or the hospital.
A hospital board has the authority to borrow money and incur indebtedness. The bill clarifies that any indebtedness incurred by a hospital board is an obligation of the hospital board and not an obligation of the board of county commissioners.
Currently, a hospital board must have the approval of the board of county commissioners before incurring indebtedness. The bill specifies that a hospital board needs the approval of the board of county commissioners before incurring indebtedness only if the repayment of the indebtedness is dependent on tax money received for hospital purposes from the board of county commissioners.
The bill allows a hospital board to offer to the general public products and services of any health care organization, association, partnership, or corporation to the extent that the products and services are consistent with the powers and duties of a county public hospital; and
Each year, the board of county commissioners may appropriate not more than 5% of its general fund for the improvement or enlargement of any public hospital established in the county. The bill removes the annual 5% limit on appropriations from a county's general fund and also allows such money to be used for the operation of a public hospital.
| Status | Governor Signed (04/03/2023) | Fiscal Notes | Fiscal Notes (06/29/2023) |
|
Bill:
SB23-081
|
Title: |
Access To Medical Marijuana |
Description | Concerning allowing equitable patient access to medical marijuana in Colorado. | Position | Oppose | Hearing Date | | Sponsors (House and Senate) | Senate: K. Van Winkle (R) S. Jaquez Lewis (D) House: M. Snyder (D) M. Soper (R) | Summary | Current law allows a physician to submit documentation to the
department of public health and environment (department) stating that a patient has a debilitating medical condition or disabling medical condition and may benefit from the use of medical marijuana. The bill clarifies that the physician is submitting a recommendation to the department rather than a certification or authorization.
The bill removes the following requirements for a physician's
recommendation to the department:
The physician's federal drug enforcement agency number;
The maximum THC potency level of the medical marijuana product;
The recommended medical marijuana product;
The patient's daily authorized quantity of the medical marijuana product; and
Directions for use of the medical marijuana product.
The bill allows a physician to establish a bonafide
physician-patient relationship remotely via video or telephone conference if the patient is:
21 years of age or older;
Under 18 years of age; or
18 years of age or older but under 21 years of age and the patient received a medical marijuana recommendation prior to 18 years of age.
The bill clarifies that a patient must only present a uniform
certification form completed by a recommending physician to a medical marijuana store if the patient seeks to purchase more than the statutorily allowed limit of medical marijuana products.
Current law limits the amount of medical marijuana concentrate
that a patient may purchase in a single day to 8 grams. The bill increases that limitation to 40 grams, but limits the total amount that a patient can purchase in a 30-day period to the equivalent of 8 grams per day. Current law limits the combined amount of medical marijuana products that a patient may purchase in a single day to 20,000 milligrams. The bill adds an exception to that limitation for nonedible, nonpsychoactive medical marijuana products.
Current law limits the amount of medical marijuana concentrate
that a patient 18 years of age or older but under 21 years of age may purchase in a single day to 2 grams. The bill allows a patient that is 18 years of age or older but under 21 years of age and had a registry identification card issued by the department prior to 18 years of age to purchase in a single day up to 8 grams of medical marijuana concentrate.
The bill clarifies that when a physician issues a uniform
certification form to a patient 18 years of age or older, the physician may consider whether the patient had a registry identification card issued by the department prior to 18 years of age as a factor in recommending that the patient be allowed to purchase more than the statutorily allowed quantities of medical marijuana products.
The bill allows a retail marijuana store to sell retail marijuana
products to patients at the statutorily allowed limit for medical marijuana products and registered primary caregivers 21 years of age or older who present a registry identification card issued by the department. The bill
also allows a registered primary caregiver to purchase retail marijuana products for a patient who is under 21 years of age at the applicable statutorily allowed limit for medical marijuana products for patients under 21 years of age.
| Status | Senate Committee on Health & Human Services Postpone Indefinitely (02/16/2023) | Fiscal Notes | Fiscal Notes (05/15/2023) |
|
Bill:
SB23-083
|
Title: |
Physician Assistant Collaboration Requirements |
Description | Concerning an expansion of a physician assistant's ability to practice, and, in connection therewith, changing the relationship between a physician assistant and a physician or podiatrist from supervision to collaboration. | Position | Amend | Hearing Date | | Sponsors (House and Senate) | Senate: F. Winter (D) C. Simpson (R) House: T. Winter (R) | Summary | The bill modifies the relationship between a physician assistant
and a physician or podiatrist by removing the requirement that a physician
assistant be supervised by a physician or podiatrist. Instead, a physician assistant must enter into a collaborative agreement with an employer, physician, or podiatrist.
The collaborative agreement must include:
The physician assistant's name, license number, and primary location of practice;
The signature of the physician assistant and the person with whom the physician assistant has entered into the collaborative agreement;
A general description of the physician assistant's process for collaboration;
A description of the performance evaluation process, which may be completed by the physician assistant's employer in accordance with a performance evaluation and review process established by the employer; and
Any additional requirements specific to the physician assistant's practice required by the employer, physician, or podiatrist entering into the collaborative agreement, including additional levels of oversight, limitations on autonomous judgment, and the designation of a primary contact for collaboration.
For a physician assistant with fewer than 3,000 practice hours, the
collaborative agreement must also:
Require that collaboration during the first 160 practice hours be completed in person or through technology;
Incorporate elements defining the expected nature of collaboration; and
Require a performance evaluation and discussion of the performance evaluation with the physician assistant.
The bill also requires physician assistants who have been
practicing for less than 3 years to satisfy certain financial responsibility requirements from which such physician assistants are exempt under current law.
| Status | Governor Signed (04/26/2023) | Fiscal Notes | Fiscal Notes (06/30/2023) |
|
Bill:
SB23-091
|
Title: |
Access To Behavioral Health Services |
Description | Concerning access to behavioral health services for certain medicaid recipients who experience risk factors that influence health. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Gardner (R) C. Kolker (D) House:
| Summary | The bill requires the department of health care policy and
financing (state department) to create a limited risk factors that influence health benefit (benefit) for medicaid recipients under 21 years of age who experience a qualifying risk factor that influences health.
The bill requires the benefit to include access to certain behavioral
health services.
The bill requires the state department to implement the benefit no
later than July 1, 2024.
| Status | Senate Committee on Health & Human Services Postpone Indefinitely (02/16/2023) | Fiscal Notes | Fiscal Notes (06/27/2023) |
|
Bill:
SB23-093
|
Title: |
Increase Consumer Protections Medical Transactions |
Description | Concerning increasing consumer protections in various medical transactions. | Position | Amend | Hearing Date | | Sponsors (House and Senate) | Senate: L. Cutter (D) S. Jaquez Lewis (D) House: M. Weissman (D) K. Brown (D) | Summary | The bill:
Caps the rate of interest on medical debt at 3% per annum;
Defines medical debt, for purposes of a statutory cap on interest rates and fair debt collection practices, to include debt arising from the receipt of health-care services or medical products or devices;
Requires a debt collector or collection agency collecting on a medical debt to provide to the consumer, upon the consumer's written or oral request, an itemized statement concerning the debt and allows the consumer to dispute the validity of the debt after receipt of the itemized statement;
Establishes requirements relating to payment plans for medical debt, including written documentation of the payment plan between the consumer and the creditor, debt collector, or debt collection agency; notice to the consumer if the payment plan will be accelerated or declared in default or inoperative due to nonpayment; and the opportunity to renegotiate the payment plan;
Prohibits collection on the debt during any appeal proceedings and prohibits reporting the debt to a consumer reporting agency until a certain amount of time after the payment plan becomes inoperative;
Requires a debt collector or collection agency that files a legal action to collect medical debt to include an itemization of the charges and, prior to the entry of a default judgment against the creditor, provide evidence of the debt;
Makes it a deceptive trade practice to violate provisions relating to billing practices, surprise billing, and balance billing laws; and
Requires a health-care provider or health-care facility to provide, upon request of a prospective patient, an estimate of the total cost of a health-care service (service) to a person who intends to self-pay for the service (self-pay estimate). The bill includes requirements for the self-pay estimate and caps the amount by which the final, total cost of the service may exceed the self-pay estimate, with exceptions for emergency or unforeseen, medically necessary services required during the service. The bill makes it a deceptive trade practice to violate provisions relating to the self-pay estimate.
| Status | Governor Signed (05/04/2023) | Fiscal Notes | Fiscal Notes (06/27/2023) |
|
Bill:
SB23-111
|
Title: |
Public Employees' Workplace Protection |
Description | Concerning public employees' workplace protection from employer retaliation, and, in connection therewith, making an appropriation. | Position | Pending | Hearing Date | | Sponsors (House and Senate) | Senate: R. Rodriguez (D) House: B. Titone (D) S. Woodrow (D) | Summary | The National Labor Relations Act does not apply to federal,
state, or local governments and the Colorado Labor Peace Act excludes governmental entities, with an exception for mass transportation systems, leaving public employees without the protection afforded by these labor laws. The bill grants certain public employees, including individuals employed by counties, municipalities, fire authorities, school districts, public colleges and universities, library districts, special districts, public defender's offices, the university of Colorado hospital authority, the
Denver health and hospital authority, the general assembly, and a board of cooperative services, the right to:
Discuss or express views regarding public employee representation or workplace issues;
Engage in protected, concerted activity for the purpose of mutual aid or protection;
Fully participate in the political process while off duty and not in uniform, including speaking with members of the public employer's governing body on terms and conditions of employment and any matter of public concern and engaging in other political activities in the same manner as other citizens of Colorado without discrimination, intimidation, or retaliation; and
Organize, form, join, or assist an employee organization or refrain from organizing, forming, joining, or assisting an employee organization.
The bill also prohibits certain public employers from
discriminating against, coercing, intimidating, interfering with, or imposing reprisals against a public employee for engaging in any of the rights granted.
The Colorado department of labor and employment (department)
is charged with enforcing any alleged violation of these rights and is granted rule-making authority. A party may appeal the department's final decision to the Colorado court of appeals. The bill requires the court of appeals to give deference to the department.
| Status | Governor Signed (06/06/2023) | Fiscal Notes | Fiscal Notes (07/19/2023) |
|
Bill:
SB23-140
|
Title: |
Fentanyl Study Deadline And Appropriation |
Description | Concerning extending the contract deadline for the independent study of House Bill 22-1326, and, in connection therewith, extending a related existing appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Zenzinger (D) B. Kirkmeyer (R) House: R. Bockenfeld (R) S. Bird (D) | Summary | Joint Budget Committee. The bill extends the deadline from
January 1, 2023, to October 1, 2023, for when the department of public health and environment (department) must contract with an independent
entity to conduct a study concerning House Bill 22-1326.
The bill extends the authority for the department to use the
appropriation received in the 2022-23 state fiscal year to pay for the independent study through the 2024-25 state fiscal year.
| Status | Governor Signed (03/03/2023) | Fiscal Notes | Fiscal Notes (06/20/2023) |
|
Bill:
SB23-144
|
Title: |
Prescription Drugs For Chronic Pain |
Description | Concerning prescription drugs for the treatment of chronic pain. | Position | Pending | Hearing Date | | Sponsors (House and Senate) | Senate: J. Ginal (D) House: M. Young (D) J. Mabrey (D) | Summary | The bill allows a health-care provider to prescribe, dispense, or
administer a schedule II, III, IV, or V controlled substance (drug) to a patient in the course of treatment for a diagnosed condition that causes chronic pain. The bill also clarifies that the prescribing health-care provider is not subject to disciplinary action by the appropriate regulator for prescribing a dosage of a drug that is equal to or more than a
morphine milligram equivalent dosage recommendation or threshold specified in state or federal opioid prescribing guidelines or policies.
The bill prohibits a health-care provider from refusing to accept or
continue to treat a patient solely on the basis of the dosage of a drug the patient requires for the treatment of chronic pain. A health-care provider is also prohibited from tapering a needed dosage solely to meet a predetermined dosage recommendation.
The bill also prohibits a pharmacist, health insurance carrier, or
pharmacy benefit manager from refusing to fill or approve the coverage for a drug solely on the basis of the dosage requirement of a patient.
| Status | Governor Signed (05/04/2023) | Fiscal Notes | Fiscal Notes (06/30/2023) |
|
Bill:
SB23-162
|
Title: |
Increase Access To Pharmacy Services |
Description | Concerning increasing access to pharmacy services. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: S. Jaquez Lewis (D) P. Will (R) House: B. Titone (D) M. Lindsay (D) | Summary | The bill:
Authorizes a pharmacist to delegate to a pharmacy technician any task within the practice of pharmacy for which the pharmacy technician has been specifically trained, except for patient counseling, drug regimen review, and clinical conflict resolution;
Removes the statutory supervision ratio for pharmacists supervising pharmacy technicians when the pharmacy is
not a public-facing pharmacy and is acting as an agent of an originating pharmacy to fill or refill a prescription; and
Authorizes reimbursement under the medical assistance program for dispensing or administering vaccines to children under 19 years of age.
| Status | Governor Signed (05/04/2023) | Fiscal Notes | Fiscal Notes (07/05/2023) |
|
Bill:
SB23-167
|
Title: |
Board Of Nursing Regulate Certified Midwives |
Description | Concerning the regulation of certified midwives by the state board of nursing, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: F. Winter (D) P. Will (R) House: S. Gonzales-Gutierrez (D) M. Lindsay (D) L. Garcia (D) | Summary | Starting July 1, 2024, the bill authorizes individuals who have a
midwife certification from the American Midwifery Certification Board, pay the required fee, and submit to a criminal history record check to obtain a license from the state board of nursing (board) to practice as a certified midwife in the state. A certified midwife licensed by the board may apply for and obtain provisional and full prescriptive authority upon
satisfying the requirements specified in the bill. Certified midwives are subject to regulation by the board to the same extent that the board regulates the practice of nursing, including grounds for discipline and disciplinary actions.
| Status | Governor Signed (05/25/2023) | Fiscal Notes | Fiscal Notes (07/05/2023) |
|
Bill:
SB23-170
|
Title: |
Extreme Risk Protection Order Petitions |
Description | Concerning extreme risk protection orders, and, in connection therewith, making an appropriation. | Position | Support | Hearing Date | | Sponsors (House and Senate) | Senate: S. Fenberg (D) T. Sullivan (D) House: M. Weissman (D) J. Bacon (D) | Summary | The bill repeals and reenacts the statutory article related to extreme
risk protection orders.
Under current law a family or household member and a law
enforcement officer or agency can petition for an extreme risk protection order. The bill expands the list of who can petition for an extreme risk protection order to include licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys.
The bill requires the office of gun violence prevention to expend
funds annually on a public education campaign regarding the availability of, and the process for requesting, an extreme risk protection order.
| Status | Governor Signed (04/28/2023) | Fiscal Notes | Fiscal Notes (06/21/2023) |
|
Bill:
SB23-174
|
Title: |
Access To Certain Behavioral Health Services |
Description | Concerning access to behavioral health services for medicaid recipients under twenty-one years of age. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Gardner (R) C. Kolker (D) House: M. Bradfield (R) M. Lukens (D) T. Winter (R) | Summary | The bill requires the department of health care policy and
financing (state department) to provide certain behavioral health services for medicaid recipients who are under 21 years of age.
The bill requires the state department to begin to provide the
services no later than July 1, 2024.
| Status | Governor Signed (05/20/2023) | Fiscal Notes | Fiscal Notes (07/26/2023) |
|
Bill:
SB23-188
|
Title: |
Protections For Accessing Reproductive Health Care |
Description | Concerning protections for accessing reproductive health care. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Gonzales (D) S. Jaquez Lewis (D) House: M. Froelich (D) B. Titone (D) | Summary | The bill requires contracts between insurers or other persons and
health-care providers regarding the delivery of health-care services to include a provision that prohibits the following actions if the actions are based solely on the health-care provider's provision of, or assistance in the provision of, reproductive health care or gender-affirming health-care services (legally protected health-care activity) in this state, so long as the
care provided did not violate Colorado law:
A medical malpractice insurer from refusing to issue, canceling or terminating, refusing to renew, or imposing any sanctions, fines, penalties, or rate increases for a medical malpractice policy (section 2);
A health insurer from taking an adverse action against a health-care provider, including refusing to pay for a provided health-care service, terminating or refusing to renew a contract with the health-care provider, or imposing other penalties on the health-care provider (section 3);
A health insurer from refusing to credential a physician as a network provider or terminating a physician's status as a network provider (section 4); or
A person or entity from terminating a health-care contract with a health-care provider (section 25).
Section 5 protects an individual applying for licensure,
certification, or registration in a health-care-related profession or occupation in Colorado (applicant), as well as a health-care professional currently licensed, certified, or registered in Colorado (licensee), from having the license, certification, or registration denied or discipline imposed against the licensee based solely on:
The applicant's or licensee's provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
A civil or criminal judgment or a professional disciplinary action arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
The applicant's or licensee's own personal effort to seek or engage in a legally protected health-care activity; or
A civil or criminal judgment against the applicant or licensee arising from the individual's own personal legally protected health-care activity in this state or another state or United States territory.
Section 6 prohibits a court, judicial officer, court employee, or
attorney from issuing a subpoena in connection with a proceeding in another state concerning an individual who accesses a legally protected health-care activity in Colorado or an individual who performs, assists, or aids in the performance of a legally protected health-care activity in
Colorado.
Section 7 prohibits the state from applying another state's law to
a case or controversy heard in Colorado state court or giving any force or effect to any judgment issued without personal jurisdiction or due process or to any judgment that is penal in nature pursuant to another state's law if the other state's law authorizes a person to bring a civil action against another person or entity for engaging or attempting to engage in a legally protected health-care activity.
If a medical malpractice action is brought in this state against a
health-care provider regulated in this state or another state, section 8 prohibits a court or arbitrator from allowing evidence or witness testimony relating to professional discipline or criminal or civil charges in this state or another state concerning the provision of, or assistance in the provision of, a legally protected health-care activity, so long as the care provided did not violate Colorado law.
Section 9 prohibits a peace officer from knowingly arresting or
participating in the arrest of any person who engages in a legally protected health-care activity, unless the acts forming the basis for the arrest constitute a criminal offense in Colorado or violate Colorado law.
Section 10 prohibits the issuance of a search warrant to search for
and seize any property that relates to an investigation into a legally protected health-care activity.
Section 11 prohibits a judge from issuing a summons in a case
when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of another state's law involving the provision or receipt of or assistance with accessing a legally protected health-care activity that is legal in Colorado, unless the acts forming the basis of the prosecution or investigation would also constitute a criminal offense in Colorado.
Section 12 prohibits the issuance of an ex parte order for
wiretapping or eavesdropping to obtain any wire, oral, or electronic communication that relates to an investigation into a legally protected health-care activity.
Current law allows for the extradition of a person who committed
an act in this state that intentionally results in a crime in the state whose executive authority is making the demand, even though the accused was not in the demanding state at the time of the commission of the crime.
Section 13 requires the acts for which extradition is sought to be
punishable by the laws of this state if the acts occurred in this state and prohibits the governor from surrendering a person charged in another state as a result of the person engaging in a legally protected health-care activity, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense.
Section 14 requires a correctional facility or private contract
prison incarcerating a person who is capable of pregnancy to, regardless of the person's ability to pay, ensure access to abortions by providing a pregnant person with information about abortion providers; referrals to community-based providers of abortions; referrals to community-based organizations that help people pay for abortions; and transportation to access an abortion; and ensure access to miscarriage management, including medication.
Section 15 adds a reproductive health-care services worker to the
list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family.
Section 16 prohibits the prosecution or investigation of a licensed
health-care provider if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient is prescribed or administered consistent with accepted standards of practice under Colorado law and does not violate Colorado law.
Section 17 through section 20 adds a protected health-care
worker to the list of persons authorized to participate in the address confidentiality program.
Section 21 authorizes the attorney general to independently initiate
and bring a civil and criminal action to enforce the Reproductive Health Equity Act.
Section 22 prohibits a state agency from providing any
information or using any government resources in furtherance of any out-of-state investigation or proceeding seeking to impose civil or criminal liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity.
Section 23 prohibits a public entity from:
Denying, restricting, or interfering with, through any efforts, including licensing or zoning restrictions, any person's or business entity's ability to provide reproductive health care; or
Interfering with, discriminating against, or penalizing, through any civil or criminal laws, any person or business entity for assisting, aiding, or treating an individual for reproductive health care; or
Prohibiting or restricting, through any civil or criminal laws, including the establishment or expansion of a private right of action, any person or business entity from assisting, aiding, or treating an individual for reproductive health care.
Section 24 authorizes an action to enforce the provisions of the
Reproductive Health Equity Act to be commenced by a person or
business entity with standing in Denver district court.
| Status | Governor Signed (04/21/2023) | Fiscal Notes | Fiscal Notes (05/16/2023) |
|
Bill:
SB23-189
|
Title: |
Increasing Access To Reproductive Health Care |
Description | Concerning increasing access to reproductive health-care services, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: L. Cutter (D) House: L. Garcia (D) | Summary | | Status | Governor Signed (04/21/2023) | Fiscal Notes | Fiscal Notes (05/24/2023) |
|
Bill:
SB23-190
|
Title: |
Deceptive Trade Practice Pregnancy-related Service |
Description | Concerning policies to make punishable deceptive actions regarding pregnancy-related services. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: F. Winter (D) J. Marchman (D) House: K. McCormick (D) E. Epps (D) | Summary | The bill makes it a deceptive trade practice for a person to make
or disseminate to the public any advertisement that indicates, directly or indirectly, that the person provides abortions, emergency contraceptives, or referrals for abortions or emergency contraceptives when the person knows or reasonably should have known that the person does not provide those specific services.
A health-care provider engages in unprofessional conduct or is
subject to discipline in this state if the health-care provider provides, prescribes, administers, or attempts medication abortion reversal in this state.
| Status | Governor Signed (04/21/2023) | Fiscal Notes | Fiscal Notes (07/05/2023) |
|
Bill:
SB23-195
|
Title: |
Calculation Of Contributions To Meet Cost Sharing |
Description | Concerning the calculation of contributions toward an insured's required cost sharing under a health benefit plan. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: F. Winter (D) P. Will (R) House: I. Jodeh (D) R. Pugliese (R) | Summary | The bill requires a health insurer or pharmacy benefit manager to
include in the calculation of a covered person's contributions toward cost-sharing requirements, including any annual limitation on a covered person's out-of-pocket costs, any payments made by or on behalf of the covered person.
| Status | Governor Signed (06/05/2023) | Fiscal Notes | Fiscal Notes (07/31/2023) |
|
Bill:
SB23-222
|
Title: |
Medicaid Pharmacy And Outpatient Services Copayment |
Description | Concerning removing copayment requirement for certain medicaid services, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Bridges (D) B. Kirkmeyer (R) House: S. Bird (D) E. Sirota (D) | Summary | Joint Budget Committee. The bill removes the requirement that
medicaid recipients pay a copayment for pharmacy and outpatient services. The bill makes an appropriation.
| Status | Governor Signed (04/20/2023) | Fiscal Notes | Fiscal Notes (07/26/2023) |
|
Bill:
SB23-223
|
Title: |
Medicaid Provider Rate Review Process |
Description | concerning the medicaid provider rate review process. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Zenzinger (D) B. Kirkmeyer (R) House: R. Bockenfeld (R) S. Bird (D) | Summary | Joint Budget Committee. Current law requires the department of
health care policy and financing (department) to submit a written report to the joint budget committee concerning the review process for medicaid
provider rates on or before November 1, 2025, and each November thereafter. The bill changes the date of the first written report to November 1, 2023.
| Status | Governor Signed (04/17/2023) | Fiscal Notes | Fiscal Notes (06/23/2023) |
|
Bill:
SB23-252
|
Title: |
Medical Price Transparency |
Description | Concerning hospital medical price transparency. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: K. Van Winkle (R) J. Gonzales (D) House: L. Daugherty (D) A. Hartsook (R) | Summary | The bill requires hospitals to make public a list of all standard
charges for all hospital items and services provided to patients. The standard charges include the gross billed charge, the payer-specific negotiated charge, the minimum and maximum negotiated charges, and the discounted cash price. The bill also requires each hospital to maintain and make public a list of at least 300 shoppable services provided by the hospital or, if the hospital does not provide 300 shoppable services, all of the hospital's shoppable services. Each hospital is required to report its
updated lists to the department of health care policy and financing (state department).
The bill requires the state department to monitor hospital
compliance with the price transparency requirements. If the state department determines that a hospital is not in compliance, the state department is required to issue a written notice to the hospital and require the hospital to submit a corrective action plan.
The bill repeals sections of statute regarding hospital price
transparency and debt collection that are currently under the administration and authority of the department of public health and environment and relocates these sections so that hospital price transparency and debt collection are under the state department.
The bill makes a violation of the hospital transparency
requirements outlined in the bill a deceptive trade practice under the Colorado Consumer Protection Act.
| Status | Governor Signed (06/02/2023) | Fiscal Notes | Fiscal Notes (08/08/2023) |
|
Bill:
SB23-265
|
Title: |
Prohibit Professional Discipline For Marijuana |
Description | Concerning a prohibition on a regulator imposing discipline against a person based on certain activities involving marijuana. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: K. Van Winkle (R) House: M. Snyder (D) M. Soper (R) | Summary | The bill protects an individual applying for licensure, certification,
or registration in a profession or occupation in Colorado (applicant), as well as a professional who is currently licensed, certified, or registered in a profession or occupation in Colorado (licensee), from having the license, certification, or registration denied to the applicant, or from
discipline being imposed against the licensee, based solely on:
A civil or criminal judgment against the applicant or licensee regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying actions were lawful and consistent with professional conduct and standards of care within Colorado and did not otherwise violate Colorado law; or
Previous professional disciplinary action concerning an applicant's or a licensee's professional licensure in this or any other state or U.S. territory, if the professional disciplinary action was based solely on the applicant's or licensee's consumption, possession, cultivation, or processing of marijuana and the applicant or licensee did not otherwise violate Colorado law.
| Status | Governor Signed (05/24/2023) | Fiscal Notes | Fiscal Notes (07/10/2023) |
|
Bill:
SB23-271
|
Title: |
Intoxicating Cannabinoid Hemp And Marijuana |
Description | Concerning the regulation of compounds that are related to cannabinoids, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: K. Van Winkle (R) D. Roberts (D) House: M. Snyder (D) | Summary | Current law requires the manufacturer of cosmetic products,
dietary supplements, food products, and food additives, including hemp products, to be registered with the department of public health and environment (department).
The bill creates a new framework for the department to regulate
and register hemp products and certain intoxicating hemp products and
for the marijuana enforcement division in the department of revenue (division) to regulate intoxicating products or potentially intoxicating compounds that are or may be cannabinoids. This regulation includes:
The power to promulgate rules authorizing or prohibiting chemical modification, conversion, or synthetic derivation to create certain types of intoxicating cannabinoids;
Labeling and advertising requirements;
Production and testing requirements; and
Inspection, record-keeping, and tracking requirements.
Hemp- and marijuana-derived compounds and cannabinoids are
classified into three classifications:
Nonintoxicating cannabinoids;
Potentially intoxicating compounds; and
Intoxicating cannabinoids.
Nonintoxicating cannabinoids that are derived from hemp may be
produced, distributed, or sold as a hemp product. With the exception of products manufactured or produced for export, which are referred to as safe harbor hemp products, products containing potentially intoxicating compounds and intoxicating cannabinoids must only be produced, distributed, or sold by a person licensed by the division to produce, distribute, or sell the compound or cannabinoid as a product.
The bill clarifies that:
Nonintoxicating cannabinoids, potentially intoxicating compounds, and intoxicating cannabinoids are marijuana or marijuana products for the purposes of the retail marijuana sales tax; and
A person must be licensed to manufacture potentially intoxicating compounds or intoxicating cannabinoids.
The bill prohibits the following acts:
Manufacturing, selling, or delivering products that contain intoxicating cannabinoids in excess of limits established by rule;
Manufacturing a product containing hemp that is not a cosmetic, a dietary supplement, a food, a food additive, or an herb; or
Manufacturing, producing, selling, distributing, or holding for sale or distribution a safe harbor hemp product without registering with the department.
The penalty for a violation is up to $10,000. The bill specifies
factors to consider in determining the amount of the penalty.
The bill requires the executive director of the department of
revenue to analyze the feasibility of establishing a standing committee to evaluate cannabinoids and cannabis-derived products for the purpose of determining and making recommendations regarding their safety profiles and potential for intoxication. The department of revenue may engage
experts to do this analysis.
| Status | Governor Signed (06/07/2023) | Fiscal Notes | Fiscal Notes (07/18/2023) |
|
Bill:
SB23-284
|
Title: |
Ensure 12-month Contraception Coverage |
Description | Concerning requirements for contraception insurance coverage that increases consistent access to the contraception most suited to the individual. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: J. Danielson (D) J. Bridges (D) House: I. Jodeh (D) R. Weinberg (R) | Summary | The bill requires a carrier that offers a health benefit plan or a
pharmacy benefit management firm that administers or manages contraception coverage under a health benefit plan to provide coverage for, and reimburse a prescribing provider or in-network dispensing entity for, the single dispensing or furnishing of an amount of contraception
intended to last for 12 months' duration, as permitted by the covered person's prescription.
Further, under the bill, a carrier offering a health benefit plan or a
pharmacy benefit management firm acting on behalf of a carrier is subject to certain requirements, as applicable, including:
Allowing coverage of continuous use of contraception, as determined by the prescribing provider;
Prohibiting utilization management practices that prevent the dispensing of a 12-months' duration of contraception;
Allowing for alternate prescribed contraception, if medically necessary; and
Providing coverage for over-the-counter contraception without a prescription and without prior authorization, step therapy, utilization management, or cost sharing.
The bill also requires carriers to report annually to the division of
insurance in the department of regulatory agencies concerning contraception coverage and authorizes the commissioner of insurance to promulgate rules regarding the coverage.
| Status | Governor Signed (05/30/2023) | Fiscal Notes | Fiscal Notes (08/03/2023) |
|
Bill:
SB23-288
|
Title: |
Coverage For Doula Services |
Description | Concerning measures to determine coverage for doula services, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Fields (D) J. Buckner (D) House: R. English (D) J. Joseph (D) | Summary | Not later than September 1, 2023, the bill requires the department
of health care policy and financing (state department) to initiate a stakeholder process to promote the expansion and utilization of doula services for pregnant and postpartum medicaid recipients (recipients).
The bill requires the state department to work with a maternity
advisory committee to create a report detailing the findings and
recommendations from the stakeholder process and submit the report to the general assembly during the state department's SMART Act hearing.
Not later than July 1, 2024, the bill requires the state department
to seek federal authorization for medicaid providers to provide doula services for pregnant and postpartum people.
The bill creates a doula scholarship program to provide financial
support to eligible individuals to pursue doula training and certification. To be eligible for a scholarship, individuals must agree to enroll as a doula provider and provide doula services to recipients.
The bill requires the division of insurance (division) to contract
with an independent entity to study the potential health-care costs and benefits of providing coverage for doula services in health benefit plans. The bill requires the division to submit a report to the general assembly during the state department's SMART Act hearing detailing the results and recommendations from the study during the state fiscal year 2024-25.
| Status | Governor Signed (05/30/2023) | Fiscal Notes | Fiscal Notes (07/26/2023) |
|
Bill:
SB23-289
|
Title: |
Community First Choice Medicaid Benefit |
Description | Concerning seeking an amendment to the medicaid state plan to implement the community first choice optional benefit. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Zenzinger (D) J. Bridges (D) House: S. Bird (D) E. Sirota (D) | Summary | Joint Budget Committee. The bill requires the department of
health care policy and financing (department) to seek federal authorization through an amendment to the state medical assistance plan to implement the community first choice option.
The bill requires the state plan amendment to include personal care
services, homemaker services, health maintenance activities, personal emergency response system and other emergency back-up services, and voluntary training on how to select, manage, and dismiss an attendant.
The bill authorizes the department to provide permissible services
and supports that are linked to an assessed need or goal in an individual's person-centered service plan, including transition costs and expenditures relating to increasing an individual's independence or reducing reliance on human assistance.
To be eligible for the community first choice option, an individual
must:
Be eligible for the state medical assistance program;
Be in an eligibility group under the state medical assistance program that includes nursing facility services, or if in an eligibility group that does not include nursing facility services, have an income that is at or below 150% of the federal poverty level; or
Receive an annual determination that in the absence of home- and community-based attendant services and supports, the individual would require the level of care furnished in certain care settings.
The bill makes conforming amendments to remove the services
provided through the community first choice option from other long-term care waiver programs.
| Status | Governor Signed (05/25/2023) | Fiscal Notes | Fiscal Notes (07/11/2023) |
|
Bill:
SB23-290
|
Title: |
Natural Medicine Regulation And Legalization |
Description | Concerning natural medicine, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: S. Fenberg (D) House: J. Amabile (D) | Summary | The bill amends the regulatory framework for natural medicine and
natural medicine product.
The bill requires the director of the division of professions and
occupations to:
Regulate facilitators and the practice of regulation, including issuing licenses for facilitators;
Promulgate rules necessary for the regulation of facilitators and the practice of facilitation; and
Perform duties necessary for the implementation and administration of the Natural Medicine Health Act of 2022, including investigatory and disciplinary authority.
The bill creates the natural medicine advisory board (board). The
board's duties include examining issues related to natural medicine and natural medicine product, and making recommendations to the director of the division of professions and occupations and the executive director of the state licensing authority.
The bill creates within the department of revenue the division of
natural medicine for the purpose of regulating and licensing the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of natural medicine or natural medicine product between natural medicine licensees. The bill requires the division of natural medicine to:
Regulate natural medicine, natural medicine product, and natural medicine businesses, including healing centers, cultivators, manufacturers, and testers, and issue licenses for such businesses;
Promulgate rules necessary for the regulation of natural medicine, natural medicine product, and natural medicine businesses; and
Perform duties necessary for the regulation of natural medicine, natural medicine product, and natural medicine businesses, including investigatory and disciplinary authority.
The bill requires the department of revenue to coordinate with the
department of public health and environment concerning testing standards of regulated natural medicine and natural medicine product.
The bill requires a sunset review for the articles governing the
department of regulatory affairs and the department of revenue in the regulation of natural medicine, natural medicine product, facilitators, and natural medicine businesses.
The bill states that:
A person who is under 21 years of age who knowingly possesses or consumes natural medicine or natural medicine product commits a drug petty offense and is subject to a fine of not more than $100 or not more than 4 hours of substance use education or counseling; except that a second or subsequent offense is subject to a fine of not more than $100, not more than 4 hours of substance use education or counseling, and not more than 24 hours of useful public service;
A person who openly and publicly consumes natural medicine or natural medicine product commits a drug petty offense and is subject to a fine of not more than $100 and
not more than 24 hours of useful public service;
A person who cultivates natural medicine shall do so on the person's private property, subject to area and physical security requirements. A person who violates this provision commits a drug petty offense and is subject to a fine of not more than $1,000.
A person who is not licensed to manufacture natural medicine product and who knowingly manufactures natural medicine product using an inherently hazardous substance commits a level 2 drug felony;
Unless expressly limited, a person who for the purpose of personal use and without remuneration, possesses, consumes, shares, cultivates, or manufactures natural medicine or natural medicine product, does not violate state or local law, except that nothing permits a person to distribute natural medicine or natural medicine product to a person for certain unlawful purposes;
A peace officer is prohibited from arresting, and a district attorney is prohibited from charging or prosecuting, a person for a criminal offense under part 4 of article 18 of title 18 involving natural medicine or natural medicine product, unless expressly provided by the bill;
A lawful action related to natural medicine or natural medicine product must not be the sole reason to subject a person to a civil penalty, deny a right or privilege, or seize assets;
A lawful action related to natural medicine or natural medicine product must not be used as the sole factor in a probable cause or reasonable suspicion determination of any criminal offense; except that an action may be used in such determination if the original stop or search was lawful and other factors are present to support a probable cause or reasonable suspicion determination of any criminal offense;
The fact that a person is entitled to consume natural medicine or natural medicine product does not constitute a defense against any charge for violation of an offense related to operation of a vehicle, aircraft, boat, machinery, or other device;
A local jurisdiction is prohibited from adopting, enacting, or enforcing a conflicting law;
A person or entity who occupies, owns, or controls a property may prohibit or otherwise regulate the cultivation or manufacture of natural medicine or natural medicine product on or in that property.
The bill states that an act involving natural medicine or natural
medicine product that is performed by a person:
Does not solely constitute child abuse or neglect, or grounds for restricting or prohibiting family time;
Does not solely constitute grounds for denying health insurance coverage;
Does not solely constitute grounds for discrimination for organ donation; and
Must not be considered for public assistance benefits eligibility, unless required by federal law.
The bill makes a person eligible to file a motion to have conviction
records related to natural medicine or natural medicine product sealed immediately after the later date of final disposition or release from supervision.
Under federal law, certain expenses are disallowed under section
280E of the internal revenue code. Under state law, the state income tax code permits taxpayers who are licensed under the Colorado Marijuana Code to subtract expenses that are disallowed by section 280E of the internal revenue code. The bill expands this permission to taxpayers who are licensed under the Colorado Natural Medicine Code.
| Status | Governor Signed (05/23/2023) | Fiscal Notes | Fiscal Notes (06/23/2023) |
|
Bill:
SB23-298
|
Title: |
Allow Public Hospital Collaboration Agreements |
Description | Concerning allowing certain public hospitals to improve access to health care through collaboration, and, in connection therewith, making an appropriation. | Position | Monitor | Hearing Date | | Sponsors (House and Senate) | Senate: R. Gardner (R) D. Roberts (D) House: R. Bockenfeld (R) K. McCormick (D) | Summary | The bill permits a hospital that has fewer than 50 beds and is a
county public hospital, a hospital formed by a health service district, or a hospital affiliated with either such hospital (hospital) to enter into collaborative agreements to engage in activities that may be characterized as anticompetitive or result in displacement of competition, such as agreements to provide ancillary or specialty services, joint purchasing,
shared services, consulting, and collaboration efforts with payers.
The bill exempts collaborating hospitals from state antitrust laws
and provides immunity from federal antitrust laws under the state action doctrine for approved collaborative activity.
Prior to entering into a collaborative agreement, the hospitals must
submit the proposed collaborative agreement (proposal) to the department of health care policy and financing (department) and to the attorney general. If the department determines that the collaborative agreement will result in cost savings or other efficiencies that will improve or expand the delivery of health-care services in rural and frontier communities, the department must refer the proposal to the attorney general.
The attorney general must review each proposal that is referred by
the department and determine, within a specified time, that the benefits are not outweighed by any anticompetitive harm that may result from the agreement. The department or the attorney general may request additional information concerning a proposal within 60 days after its original submission. If additional information is requested, the department and attorney general have an additional 45 days to review the proposal.
If the department and the attorney general make a favorable
determination, the proposal is approved and the hospitals may enter into a collaborative agreement. If neither the department nor the attorney general respond within the time frames set forth in the bill, the collaborative proposal is deemed approved.
The department or the attorney general may review a collaborative
agreement annually to ensure the outcomes related to the collaborative agreement are consistent with statute.
| Status | Governor Signed (06/03/2023) | Fiscal Notes | Fiscal Notes (08/03/2023) |
|
|