Bill Tracker

Concerning expansion of the prescription drug monitoring program to track information regarding all prescription drugs prescribed in Colorado, and, in connection therewith, making an appropriation.

Best Replica Watches

Jeanette, Fran

Current law requires the prescription drug monitoring program
(program) to track all controlled substances prescribed in Colorado. The
bill expands the program, effective February 1, 2023, to track all
prescription drugs prescribed in this state. The bill extends the repeal of
the program until September 1, 2028.

Francette, Fran

Many health care organizations are supporting position. 

The bill adds a requirement, as part of mandatory health insurance
coverage of preventive health care services, that health plans cover an
annual mental health wellness examination of up to 60 minutes that is
performed by a qualified mental health care provider. The coverage must:
  • Be comparable to the coverage of a physical examination;

  • Comply with the requirements of federal mental health
parity laws; and
  • Not require any deductibles, copayments, or coinsurance
for the mental health wellness examination.
The coverage applies to plans issued on or after January 1, 2022.

Jeanette

The bill establishes immunity from civil liability for entities for
any act or omission that results in exposure, loss, damage, injury, or death
arising out of COVID-19 if the entity attempts in good faith to comply
with applicable public health guidelines.
The bill is repealed 2 years after the date the governor terminates
the state of disaster emergency declared on March 11, 2020.

Neal, Francette

The bill addresses multiple recommendations from the Colorado
behavioral health task force (task force), created in 2019, related to the
creation of a behavioral health administration (BHA). The BHA would
be a single state agency to lead, promote, and administer the state's
behavioral health priorities.

The bill requires the department of human services (department)
to submit a plan for the creation and establishment of the BHA on or
before November 1, 2021, to the joint budget committee and on or before
January 30, 2022, to the department's committees of reference. The bill
outlines what the plan must, at a minimum, include. The essential duties
of the BHA, once established, are set forth.
A timeline is described for the establishment of the BHA in the
department and for a future determination of what state department, if
different than the department of human services, the BHA will exist.

Chris Lynn

Section 1 of the bill removes the low-income energy assistance
program administered by Energy Outreach Colorado (EOC) from the
grant program reserve funded by tier 2 severance tax operational fund
money.
Section 2 clarifies that the definition of a low-income utility
customer, with regard to the public utilities commission's (PUC)

consideration of a preference or advantage that a gas or electric utility
grants a low-income utility customer, means a utility customer who meets
the Colorado department of human services' income eligibility criteria.
Sections 3 and 4 make modifications to the legislative commission
on low-income energy assistance, wherein section 3 expands the
commission's scope to include water utility assistance and section 4
reduces the composition of the commission from 11 members to 7
members. Section 4 also requires the commission to:
  • Advise the Colorado energy office (office) on grants
awarded from the federal department of energy regarding
the office's weatherization assistance program;
  • Advise water utilities that provide their customers with
utility assistance and efficiency programs; and
  • Review EOC's annual budget that it submits to the PUC
regarding the use of funding for utility bill payment
assistance.
Sections 5, 6, and 8 to 10 concern the creation of an energy
assistance system benefit charge, which is a mandatory monthly charge
that investor-owned electric and gas utilities are required to collect from
their customers. The initial amount of the charge per customer is $1 for
electric service provided and $1 for natural gas service provided, but the
PUC may adopt rules to modify the amount of the charge, so long as the
charge is at least $1 per service provided. Investor-owned utilities are
required to remit the charges collected to EOC to help finance the direct
utility bill payment assistance and energy retrofit programs that EOC
administers for low-income households.
Sections 7 and 11 concern voluntary, opt-in charges that a water
utility may offer its customers to help finance the water utility bill
payment assistance program that EOC administers. Alternatively, a water
utility may implement its own water utility bill payment assistance
program.
Section 12 requires EOC and the office, when installing energy
retrofits for low-income households, to prioritize customer savings,
emission reductions, and improving indoor air quality.
Section 13 governs reporting requirements for EOC regarding the
mandatory monthly energy assistance system benefit charge and
voluntary, opt-in monthly water utility bill payment assistance collections.
Sections 14 to 17 make conforming amendments.

Phil, Rich

CSL supports, with Amendments TBD

Sections 1 and 3 of the bill exempt certain mapping data
submitted to the office of information technology (office) from public
disclosure under the Colorado Open Records Act.
Section 2 adds a definition of critically unserved, which means
a household or area that lies outside municipal boundaries and lacks
access to at least one provider of nonsatellite broadband service delivered
at measurable speeds of at least 10 megabits per second downstream and
one megabit per second upstream, and a definition of office of
information technology.
Section 3 reduces the membership of the broadband deployment
board (board) in the department of regulatory agencies from 16 members
to 11 members.
The board is required to develop a request for proposal process
through which the board will solicit bids for proposed projects to serve
areas of the state that the office has determined lack access to broadband
service at measurable speeds of at least 10 megabits per second
downstream and one megabit per second upstream. The board is required
to reserve at least 75% of the money from the high cost support
mechanism that is allocated for broadband deployment to award grants to
proposed projects solicited through the request for proposal process.
Section 3 also directs the board to:
  • Require an applicant or appellant to submit a speed test
performed on an incumbent provider's network and
conducted in accordance with industry-standard speed-test
protocols;
  • Give additional consideration to proposed projects that
would give discounted service for low-income households;
  • Contractually require an applicant receiving a grant award
to:
  • Report annually on the number of homes and
businesses served by the grant-supported broadband
network, the number of homes and businesses
expected to be served in the following year, and the
speeds, rates, and services offered to customers
through the grant-supported broadband network;
and
  • Provide third-party certification, after the grant
money has been fully expended, that the project
meets the original design of, and provides the
measurable speeds, rates, and services set forth in,
the application.
  • Require an applicant or appellant to submit to the office, in
a form and manner determined by the office, certain
granular mapping data.
Section 4 repeals the current board composition requirements on
August 31, 2021.

Pat Cook, Rich

The bill clarifies that the existing authority of cities and counties
to plan for and regulate the use of land includes the authority to regulate
development or redevelopment in order to promote the construction of

new affordable housing units. The provisions of the state's rent control
statute do not apply to any land use regulation that restricts rents on newly
constructed or redeveloped housing units as long as the regulation
provides a choice of options to the property owner or land developer and
creates one or more alternatives to the construction of new affordable
housing units on the building site.

Pat Cook, Rich

Note re rentals owned by Mom/Pop

Under existing law, certain residential landlords must give 10 days'
notice to tenants prior to starting eviction proceedings for failure to pay
rent or for a first or subsequent violation of any other condition or
covenant other than a substantial violation. The bill requires landlords to
give 14 days' notice in those situations.
Under existing law, the clerk of the court or the attorney for the

plaintiff may issue a summons to a defendant in an eviction action. The
bill requires that the clerk of the court issue the summons in a residential
eviction action. The bill extends the period for which the summons must
be issued from 7 days before the court appearance to 14 days before the
court appearance.
Under existing law, in certain circumstances, a person may serve
a notice to quit or summons to the tenant by posting a copy of the notice
or summons and the complaint in a conspicuous place upon the premises
and a person may serve a notice to quit by leaving it with a member of the
tenant's family who is at least 15 years old. The bill removes those
provisions for service in residential tenancy actions and requires that the
notice to quit or summons be served in the same manner as any other civil
action.
Under existing law, if a landlord wins judgment in an eviction
action, the court cannot issue a writ of restitution, which directs the
county sheriff to assist the landlord in removing the tenant, until 48 hours
after judgment. The bill extends the period for residential evictions to 14
days after judgment.
The bill prohibits residential landlords from increasing rent more
than one time in a 12-month period of tenancy.
The bill extends the notice period for nonpayment of rent for a
home owner in a mobile home park from 10 days to 14 days.
Under existing law, for a tenancy of one month or longer but less
than 6 months in which there is no written agreement between the
landlord and tenant, a landlord must give 21 days' written notice to the
tenant prior to increasing the rent. For a residential tenancy, the bill
extends the notice period to 60 days and makes it apply to a tenancy of
any duration without a written agreement. The bill prohibits a landlord
from terminating a residential tenancy in which there is no written
agreement with the primary purpose of increasing a tenant's rent without
providing 60 days' notice.

Jeanette

The bill establishes the commission on improving first responder
interactions with persons with disabilities (commission) in the attorney
general's office. The commission is comprised of 10 members, including
2 persons with a disability, 2 parents of a child with a disability, 2 first
responders, 2 representatives from advocacy organizations, the
vice-chairperson of the peace officer standards and training board

(P.O.S.T. board), and a member of the P.O.S.T. board's curriculum
subject matter expert committee.
After reviewing the existing Colorado peace officer training and
existing available curriculum, the commission must recommend to the
P.O.S.T. board a curriculum for peace officer training concerning
interactions with persons with disabilities. Subject to available
appropriations, the P.O.S.T. board must implement the recommended
curriculum by July 1, 2022. The commission is required to review
implementation of the curriculum and may recommend changes that the
P.O.S.T. board may adopt.
The commission is repealed on December 31, 2023, but prior to its
repeal the attorney general may recommend continuation of the
commission.
The bill requires the fire service training and certification advisory
board to advise the director of the division of fire prevention and control
on whether to include the commission's curriculum or similar curriculum
in the fire service education and training program. The Colorado
department of public health and environment is required to consider
including the commission's curriculum in training for personnel who
routinely respond to emergencies.

Pat Cook, Jeanette, Linda Garcia

Legislative Audit Committee. The bill authorizes the department
of human services (state department) to disclose the results of a CAPS
check without a court order to:
  • The department of regulatory agencies (DORA) for the
purpose of a regulatory investigation; or
  • The court if an individual is petitioning the court for

conservatorship or guardianship of an at-risk adult.
The bill requires an employer and an employee to provide, upon
request of the county department of human or social services and for the
purposes of an investigation into an allegation of mistreatment, access to
the professional license number issued by DORA for the employee who,
as a result of the investigation, is substantiated in a case of mistreatment
of an at-risk adult.
Current law requires the state department to promulgate rules to
establish a process at the state level by which a person who is
substantiated in a case of mistreatment of an at-risk adult may appeal the
finding to the state department. The bill requires the state department to
promulgate rules to address the process to share information on the
outcome of an appeal with DORA if DORA requests information for the
purpose of a regulatory investigation. Appeal information is confidential
and used only for the regulatory investigation.
Beginning January 1, 2022, prior to appointing a person as a
conservator or guardian of an at-risk adult, the court that receives a filing
of a petition for conservatorship or guardianship shall request a CAPS
check by the state department, and the state department shall provide the
results of a CAPS check to the court, to determine if the person is
substantiated in a case of mistreatment of an at-risk adult.
The bill requires the state department to promulgate rules that
address:
  • The process for the state department to notify DORA when
a professional regulated by DORA is substantiated in a case
of mistreatment of an at-risk adult; and
  • The information that will be made available to DORA for
the purpose of conducting a regulatory investigation.
A person who may be appointed as a conservator or guardian of an
at-risk adult who knowingly provides inaccurate information to the court
for a CAPS check commits a class 1 misdemeanor.
Beginning January 1, 2022, prior to appointing a person as a
conservator or guardian of an at-risk adult, the court shall request a CAPS
check by the state department to determine if the person is substantiated
in a case of mistreatment of an at-risk adult. Within 7 calendar days after
the date of the court's request, if the person has been substantiated in a
case of mistreatment of an at-risk adult, the state department shall provide
the court with information concerning the mistreatment, unless the
finding was expunged through a successful appeal to the state department.
The bill requires the state department to notify DORA within 10
calendar days after a substantiated finding of mistreatment by a
professional regulated by DORA. Any information provided to DORA is
confidential.
The bill requires a licensee, certificate holder, or registrant
substantiated in a case of mistreatment of an at-risk adult to provide the
person's professional license number to county adult protective services.

Jeanette, Linda Garcia 

The bill expands the community transition specialist program
(program) by redefining high-risk individual to allow more individuals
to access program services. The bill also expands facilities that can access
program services.

Bob Epstein

Current law allows renewal of a driver's license by mail only every
other renewal period. The bill eliminates this restriction and allows
renewal by mail only if the photo of the person that is on file with the
department of revenue (department) is at least as recent as required by
federal law.
Under current law, to renew a driver's license by mail, a person
who is under 66 years of age must attest under penalty of law that the
person has had an eye examination within the preceding 3 years. A person
who is 66 years of age or older must obtain a signed statement from an
optometrist or ophthalmologist attesting that the person has had an eye
examination within the last 6 months and attesting to the results of the
examination. For both of these requirements, the bill changes the
threshold from 66 to 80 years of age.
Current law allows electronic renewal of a driver's license only for
drivers who are 21 to 65 years of age. The bill eliminates the upper age
limit and allows drivers who are 66 years of age or older to renew their
drivers' licenses electronically.
Current law allows a person to renew a driver's license
electronically only for 2 consecutive driver's license renewal periods. The
bill eliminates this restriction and allows a person to renew a driver's
license electronically only if the photo of the person that is on file with
the department is at least as recent as required by federal law.
Current law requires a person renewing a driver's license
electronically to attest under penalty of law that the person has had an eye
examination within 3 years before the renewal. The bill applies this
requirement only to a person who is 80 years of age or older and adds a
requirement that the person must obtain a signed statement from an
optometrist or ophthalmologist attesting that the person has had an eye
examination within the preceding 6 months and attesting to the results of
the examination.
Current law allows an applicant to renew an identification card by
electronic means if the applicant is 21 to 64 years of age. The bill allows
applicants who are 65 years of age or older to renew an identification card
electronically.
Under current law, the department may not issue a driver's license
to a person under 18 years of age unless the person has submitted a log or
other written evidence certifying that the person has completed a
minimum amount of actual driving experience, and the form must be
signed by the person who signed an affidavit of liability for the person.
The bill allows this form to be signed by the person's parent or guardian
or by a responsible adult.

Fran Maes

The bill creates the kidney disease prevention and education task
force (task force) in the department of public health and environment
(department). The task force consists of members that are part of the
general assembly and members that are not part of the general assembly.
The task force's purpose is to evaluate and make recommendations to the
general assembly about the detection, treatment, education, and awareness

of kidney disease in Colorado.
The task force has the following duties:
  • To work with various entities to create kidney disease
educational programs and increase overall awareness of
kidney disease in Colorado;
  • To examine chronic kidney disease, transplantation,
donation, and the higher rates of affliction in minority
populations; and
  • To develop a plan to raise awareness about kidney disease
in Colorado, which shall include an ongoing campaign that
incorporates health workshops, preventative screenings,
social media campaigns, and television and radio
commercials.
The task force is required to submit an initial report with its
findings and recommendations to the general assembly by December 1,
2023. The task force is required to convene by November 1, 2021, and is
required to meet at least 4 times every year. Following the task force's
submittal of the initial report, the task force shall elect a chair and
vice-chair from the members who are not part of the general assembly,
and the members who are part of the general assembly shall transition to
an advisory role. The task force is required to submit follow-up reports
each year.

Pat Cook, Linda Garcia, Coral Cosway

The bill specifies that a patient admitted to a hospital for inpatient
care and a resident of a nursing care facility or assisted living residence
may have at least one visitor of the patient's or resident's choosing during
the stay or residency. A hospital, a nursing care facility, and an assisted
living residence (collectively referred to as health-care facility) must
have written policies and procedures regarding the visitation rights of
patients and residents, including policies and procedures setting forth any
clinically necessary or reasonable restriction or limitation that the

health-care facility may need to place on patient and resident visitation
rights and the reasons for the restriction or limitation.
The bill prohibits a health-care facility from adopting policies or
procedures that prohibit visitation of a patient or resident if the sole
reason for the prohibition is to reduce the risk of transmission of a
pandemic disease, but a health-care facility may impose specified
requirements and limitations for visitors to reduce the risk of transmission
of the pandemic disease.

Pat Cook, Linda Garcia

Current law provides for the establishment of a single entry point
system that consists of single entry point agencies throughout the state for
the purpose of enabling persons 18 years of age or older in need of

long-term care to access appropriate long-term care services.
The bill requires the state board of the department of health care
policy and financing (department) to adopt rules providing for the
establishment of a redesigned case management system (system), no later
than July 1, 2024, that consists of case management agencies throughout
the state for the purpose of enabling individuals in need of long-term care
to access appropriate long-term services and supports. No later than
December 31, 2021, the department shall work with stakeholders to
develop a timeline for the implementation of the system. No later than
December 31, 2022, the department shall issue a competitive solicitation
in order to select case management agencies for the system.
The bill makes conforming amendments to replace the terms
community-centered board and single entry point agency with case
management agency.

Jeanette

Current law requires the public utilities commission (commission)
to oversee the safety and oversight of medicaid nonmedical and
nonemergency medical transportation services (transportation services).
The bill eliminates the commission's responsibility to oversee the safety
and oversight of the transportation services.

The bill requires the department of health care policy and
financing (department) to oversee the safety and oversight of the
transportation services. The bill also requires the department to
collaborate with stakeholders to establish rules and processes for the
transportation services.

Pat Cook

The bill requires the department of health care policy and
financing (department) to develop, analyze, and enforce a demonstration
of need for each new nursing facility provider seeking medicaid
certification. The requirement does not apply to a nursing facility provider
certified prior to June 30, 2021.

The bill requires the medical services board to promulgate rules,
no later than June 30, 2022, addressing the establishment of criteria to be
used in determining a nursing facility provider's medicaid certification.
The bill allows the department to exempt nursing facilities with 5
or fewer medicaid beds from the current reimbursement methodology and
instead require the facilities to be reimbursed at the statewide average
rate.

Julie Evans

The bill increases requirements for disclosure and transparency in
the operations of unit owners' associations (HOAs) in common interest
communities, including:
  • Posting on the HOA information and resource center's
website the community's governing documents, and any

amendments to those documents, in addition to recording
them in the county land records as required by current law
(sections 5 and 17 of the bill);
  • Supplying a list of the HOA's current fees chargeable upon
sale of a home in the community to the HOA information
and resource center for posting on the center's own website
(sections 14 and 17);
  • Posting on a website, with the web address communicated
annually to all unit owners, the contact information for the
HOA and its management company, if any, as well as other
information currently required to be disclosed (section 6);
  • Specifically authorizing the state internet portal authority
to coordinate with the HOA information and resource
center to host HOA websites on behalf of registered HOAs
(sections 1 and 17);
  • Allowing unit owners to place items on a meeting agenda
by petition, to record any portion of an open meeting, and
to invite a registered parliamentarian to observe executive
board elections (sections 11 and 12);
  • Limiting the use of proxies by requiring express delegation
of a unit owner's voting rights in a signed, dated writing
(section 12);
  • Prohibiting any action to be taken at an open meeting by
written or secret ballot unless at least 20% of the unit
owners in attendance or represented by proxy so request
(section 12); and
  • If access to association records required to be provided
within 30 calendar days after a request was submitted by
certified mail is withheld beyond that period, penalizing the
HOA $50 per day for not providing them (section 14).
The bill also requires:
  • Members of an HOA's executive board to either certify that
they know and fully understand the HOA's governing
documents or complete a free, online basic training course
offered or approved by the HOA information and resource
center (sections 8 and 17);
  • The executive board to commission a reserve study at least
every 3 years and, at least annually, to adjust the HOA's
finances accordingly (sections 7 and 10); and
  • All contracts for goods or services over a specific dollar
amount to be awarded based on a competitive bid process
involving at least 3 bids if possible (section 13).
For purposes of the reserve study requirements, HOAs with fewer
than 35 residential units that do not employ professional association
managers may conduct an internal reserve study.
Under current law, the developer of a subdivision (declarant) is not
required to transfer control of the HOA to executive board members
representing the owners of units in the subdivision until specified
percentages of the units are sold to initial purchasers. Section 10 places
limits on the amount of time that may pass before the declarant must turn
over control of the HOA to unit owners, regardless of the percentage of
units that remain unsold, and requires the annual budget to detail
proposed allocations to the reserve fund and a history of the prior year's
expenditures from the reserve fund. Section 10 also requires any vacancy
on the executive board that occurs more than 60 days before the next
board election to be filled by a special election rather than by the
remaining board members as allowed by current law.
Section 9 prohibits the HOA from closing off or limiting use of
the common elements except for a finite period of time, with advance
notice to unit owners and a statement of the reason for the closure, and
prohibits the selective scheduling of maintenance on common elements
to immediately benefit certain units in preference over others.
Upon the sale of a unit, current law requires disclosure to the buyer
of certain HOA documents. Section 14 requires the HOA to ensure that
the documents provided to a buyer or posted online are correct and
complete, and gives the buyer the right to sue for damages if they are not.
Section 15 requires the HOA to disclose whether a loss has occurred to
common property that may result in a future assessment against unit
owners, and section 16 requires property and casualty insurers to pay
claims for loss assessments based on when the assessment is made rather
than when the loss occurred, thus avoiding a potential gap in coverage for
the buyer of the unit.
Section 2 adds specificity to the requirement that HOAs allow
installation of renewable energy generation devices (e.g., solar panels)
subject to reasonable aesthetic guidelines by requiring approval or denial
of a completed application within 60 days and requiring approval if
imposition of the aesthetic guidelines would result in more than a 10%
reduction in efficiency or a 10% increase in price.
Section 3:
  • Amends current provisions regarding political yard signs to
specify that the election season during which such signs
must be permitted begins 45 days before the first mail-in
ballots are sent to voters, rather than 45 days before the
official date of the election; and
  • Specifically includes nonvegetative turf grass (also known
as artificial turf) among the types of drought-tolerant
landscaping materials that the HOA may regulate but not
prohibit.
Section 4 requires any dispute between the HOA and a unit owner
to be submitted to mediation, either through the office of dispute
resolution within the Colorado judicial branch or through other available
mediation services, prior to the commencement of any legal proceeding.
The HOA's acceptance of a settlement proposed by the mediator does not
preclude the HOA from enforcing covenants or rules in any future
proceeding.

Jeanette

The bill creates the stimulus investments in reskilling, upskilling,
and next-skilling workers program (program) as an initiative of the state
work force development council (state council) to facilitate training for

unemployed and underemployed workers in the state during times of
substantial unemployment, defined as a statewide unemployment rate that
exceeds 4%. The bill appropriates $25 million for the program and directs
the state council to use the money to support individuals in need of:
  • Reskilling, which supports unemployed and
underemployed workers to change industries in order to
return to work or obtain more appropriate work based on
their skills;
  • Upskilling, which assists workers in increasing skill levels
to retain or advance in their employment; or
  • Next-skilling, which supports workers in developing
future-ready skills necessary for employment in the
twenty-first century.
The state council, in collaboration with the department of labor
and employment, is directed to allocate funding to local work force
development areas and to develop a grant program to award grants to
other partners to provide reskilling, upskilling, and next-skilling supports
to eligible individuals for up to 13 months.
Starting in 2022, as part of the Colorado talent report, the state
council is directed to report on the activities and outcomes resulting from
the program. The program repeals on June 30, 2024.

The bill appropriates money to the department of human services
(department) in order to seek a 50% match from the federal government

for the Colorado employment first program within the supplemental
assistance nutrition program. The bill requires the department to direct
county departments and any third-party partners to prioritize any state or
federal money received to fund employment support and job retention
services and to support work-based learning opportunities for Colorado
employment first participants. Any remaining money may be used to
initiate and enhance current and additional state- or county-initiated
third-party partnerships.

The bill requires that a pharmacist receive reimbursement under
the medical assistance program for providing services authorized in
statute, which reimbursement must be equivalent to the reimbursement
provided to a physician or advanced practice nurse for the same services
rendered, including services delivered by a pharmacist through
telemedicine. The department of health care policy and financing is

directed to seek any federal authorization necessary to receive federal
matching money for the reimbursements.
Further, the bill allows a pharmacist or pharmacy with authority to
administer extended-release injectable medications for the treatment of
mental health or substance use disorders to seek reimbursement for those
medications under the medical assistance program as either a pharmacy
benefit or as a medical benefit.

Section 2 of the bill requires a health benefit plan issued or
renewed on or after January 1, 2023, to provide coverage for
nonpharmacological treatment as an alternative to opioids. The required
coverage must include, at a cost-sharing amount not to exceed the
cost-sharing amount for a primary care visit for nonpreventive services
and without a prior authorization requirement, at least 6 physical therapy
visits, 6 occupational therapy visits, 6 chiropractic visits, and 6
acupuncture visits per year.

Section 3 requires an insurance carrier (carrier) that provides
prescription drug benefits to provide coverage, beginning January 1,
2023, for at least one atypical opioid that is approved by the federal food
and drug administration (FDA) for the treatment of acute or chronic pain,
which coverage must be at the lowest cost-sharing tier of the carrier's
formulary with no requirement for step therapy or prior authorization.
Additionally, a carrier cannot require step therapy for any additional
FDA-approved atypical opioids.
Section 4 precludes a carrier that has a contract with a physical
therapist, occupational therapist, chiropractor, or acupuncturist from:
  • Prohibiting the physical therapist, occupational therapist,
chiropractor, or acupuncturist from, or penalizing the
physical therapist, occupational therapist, chiropractor, or
acupuncturist for, providing a covered person information
on the amount of the covered person's financial
responsibility for the covered person's physical therapy,
occupational therapy, chiropractic services, or acupuncture
services; or
  • Requiring the physical therapist, occupational therapist,
chiropractor, or acupuncturist to charge a covered person
an amount or collect a copayment from a covered person
that exceeds the total charges submitted to the carrier by
the physical therapist, occupational therapist, chiropractor,
or acupuncturist.
The commissioner is required to take action against a carrier that the
commissioner determines is not complying with these prohibitions.
Current law limits specified prescribers from prescribing more
than a 7-day supply of an opioid to a patient who has not obtained an
opioid prescription from that prescriber within the previous 12 months
unless certain conditions apply. This prescribing limitation is set to repeal
on September 1, 2021. Sections 5 through 13 continue the prescribing
limitation indefinitely.
Section 5 also requires the executive director of the department of
regulatory agencies to promulgate rules that limit the supply of a
benzodiazepine, which is a sedative commonly prescribed for anxiety and
as a sleep aid, that a prescriber may prescribe to a patient who has not had
a prescription for a benzodiazepine in the last 12 months.
Section 14 requires a licensed physician and licensed physician
assistant to demonstrate compliance with continuing medical education
concerning prescribing practices for opioids as a condition of license
renewal.
Section 15 requires the Colorado medical board (board) to consult
with the center for research into substance use disorder prevention,
treatment, and recovery support strategies (center) to promulgate rules
establishing competency-based continuing education requirements for
physicians and physician assistants concerning prescribing practices for
opioids.
Section 16 continues indefinitely the requirement that a
health-care provider query the prescription drug monitoring program
(program) before prescribing an opioid, including a benzodiazepine, and
changes current law to require the query on every prescription fill, not just
the second fill.
In addition to current law allowing medical examiners and
coroners to query the program when conducting an autopsy, section 16
allows medical examiners and coroners to query the program when
conducting a death investigation.
Section 16 also authorizes the board to provide a means of sharing
prescription information from the program with the health information
organization network in order to work collaboratively with statewide
health information exchanges designated by the department of health care
policy and financing.
Section 17 requires the center to include in its continuing
education activities the best practices for prescribing benzodiazepines and
the potential harm of inappropriately limiting prescriptions to chronic
pain patients and makes an appropriation for this purpose.
Section 18 directs the office of behavioral health in the department
of human services to convene a collaborative with institutions of higher
education, nonprofit agencies, and state agencies for the purpose of
gathering feedback from local public health agencies, institutions of
higher education, nonprofit agencies, and state agencies concerning
evidence-based prevention practices.

Charles Gatto

The bill subjects mortgage servicers to regulation by an assistant
attorney general, including the requirements of notification, record
keeping, reporting, examinations, inspections, and enforcement. A
violation of the requirements is an unfair or deceptive trade practice.

Phil

Sections 1 and 2 of the bill extend the grant award distribution

and reporting dates for the connecting Colorado students grant program.
Section 4 creates the Colorado broadband office (broadband
office) in the office of information technology (office) as a type 1 entity.
Section 4 also creates the digital inclusion grant program fund and directs
the state treasurer to transfer $35 million from the general fund to the
fund for use by the broadband office to implement the digital inclusion
grant program to award grant money to proposed broadband deployment
projects throughout the state. Grant recipients other than Indian tribe or
nation recipients are prohibited from using the grant money for last-mile
broadband deployment. Section 3 requires the chief information officer
in the office to appoint a director of the broadband office.
Section 5 defines community anchor institution, critically
unserved, and income-qualified plan in relation to grants awarded by
the broadband deployment board (board) for proposed broadband
deployment projects throughout the state.
Section 6 creates the broadband stimulus grant program (grant
program) and requires the board to implement the grant program by
awarding grant money from the broadband stimulus account created in
the broadband administrative fund. The state treasurer is directed to
transfer $35 million from the general fund to the account for this grant
program. The board is encouraged to award money under the grant
program to applicants that previously applied for broadband deployment
grants from the board but were denied due to insufficient funding. An
applicant seeking money under the grant program must submit an
income-qualified plan to the board.
Section 7 updates the legislative declaration related to the division
of local government in the department of local affairs (division) to
include language indicating the importance of broadband deployment, and
section 8 defines terms related to the division's work in deploying
broadband.
Section 9 requires the division to submit a copy of any application
it receives for broadband deployment grant money to the board for the
board to review and provide a recommendation regarding the application
within 30 days after the division sends the copy to the board.
Section 9 also creates the interconnectivity grant program and
requires the division to implement the grant program by awarding grant
money for proposed projects that seek to achieve regional broadband
deployment and provide interconnection between communities. Projects
awarded money under this grant program, except for projects awarded to
Indian tribes or nations, cannot use the money awarded for last-mile
broadband deployment. To finance this grant program, section 9 also
creates the interconnectivity grant program fund into which the state
treasurer is directed to transfer $5 million from the general fund.
Section 10 appropriates:
  • $35 million from the digital inclusion grant program fund
to the office of information technology for use by the
Colorado broadband office to implement the digital
inclusion grant program;
  • $35 million from the broadband stimulus account in the
broadband administrative fund to the department of
regulatory agencies for use by the board to implement the
broadband stimulus grant program; and
  • $5 million from the interconnectivity grant program fund
to the department of local affairs for use by the division of
local government to implement the interconnectivity grant
program.

Pat Cook

The bill:
  • Provides that the current law establishing a $100 cap on a
person's 30-day supply of prescription insulin is for the
person's entire insulin supply, regardless of the number of
prescriptions a person may have;
  • Provides eligible individuals access to one emergency

prescription insulin supply within a 12-month period at a
cost not to exceed $35 for a 30-day supply; and
  • Creates the insulin affordability program in the division of
insurance through which eligible individuals may obtain
prescription insulin for 12 months at a cost of not more
than $50 for a 30-day supply.

The Colorado constitution allows a qualifying senior or a veteran

who has a service-connected disability rated as a 100% permanent
disability to claim a property tax exemption for 50% of the first $200,000
of actual value of the qualifying senior's or veteran's owner-occupied
primary residence. The concurrent resolution extends eligibility for the
exemption to the gold star spouse of a veteran. Gold star spouse is
defined as the spouse of a deceased member of the United States armed
forces who qualifies for a gold star lapel button due to the death of the
member of the United States armed forces under applicable federal law
and regulations prescribed by the federal secretary of defense.

Jeanette

The bill authorizes a pharmacist to prescribe an opiate antagonist.

The bill requires a pharmacist who dispenses an opioid to an
individual to inform the individual of the potential dangers of a high dose
of opioid and offer to prescribe the individual an opiate antagonist if:
  • In the pharmacist's professional judgment, the individual
would benefit from the information;
  • The individual has a history of prior opioid overdose or
substance use disorder;
  • The individual is, at the same time, prescribed a
benzodiazepine, a sedative hypnotic drug, carisoprodol,
tramadol, or gabapentin; or
  • The opioid prescription being dispensed is at or in excess
of 90 morphine milligram equivalent.

Bob Epstein, Christina

The complementary or alternative medicine pilot program (pilot
program) currently applies to persons with a spinal cord injury. The bill
expands the pilot program to include persons with a primary condition of

multiple sclerosis, a brain injury, spina bifida, muscular dystrophy, or
cerebral palsy, with the total inability for independent ambulation directly
resulting from one of these diagnoses. The bill expands the pilot program
to all eligible individuals in Colorado.

Rich

An entity is not liable for any damages that result from exposure,
loss, damage, injury, or death arising out of COVID-19 unless:
  • A claimant proves by clear and convincing evidence that
the exposure, loss, damage, injury, or death was caused by
the entity's failure to comply with public health guidelines;
or

  • The exposure, loss, damage, injury, or death was caused by
gross negligence or a willful and wanton act or omission of
the entity.
The bill is repealed 2 years after the date the governor terminates
the state of disaster emergency declared on March 11, 2020.

rich, AARP

CSL Supports, with Amendments TBD

Sunset Process - Senate Transportation and Energy

Committee. The bill implements the recommendations of the department
of regulatory agencies' (department) sunset review and report regarding
the office of consumer counsel (office) and the utility consumers' board
(board) by:
  • Continuing the office and the board for 7 years, to 2028
(sections 1 and 2 of the bill);
  • Clarifying that, in addition to being authorized to appear
before and participate in the public utilities commission's
proceedings, the office is authorized to appear before and
participate in other agencies' proceedings (sections 6 and
8);
  • Changing the name of the office to the office of the utility
consumer advocate and the name of the head of the office
from the consumer counsel to the director (sections 1 and
4 to 10);
  • Changing the board from a type 1 transfer to a type 2
transfer (sections 4 and 10);
  • Repealing requirements that the board annually review the
office's performance and confer with the executive director
of the department regarding hiring and performance
evaluation matters (section 4); and
  • Repealing the requirement that members of the board
represent all 7 of the state's congressional districts and
instead requiring that appointing authorities ensure that the
board's membership reflect the greatest degree of diversity
possible (section 4).
Sections 3 and 11 to 13 make conforming amendments.

Jeanette

Current law allows for only one type of response for a county
department of human or social services (county department) to follow
after a report of mistreatment or self-neglect of an at-risk adult, regardless

of the level of risk reported. That type of response requires a full
investigation, including unannounced initial in-person interviews, and a
finding by the county department.
The bill creates, on or after January 1, 2022, an alternative
response pilot program (pilot) that a participating county department can
utilize when it receives a report, related to an at-risk adult, of
mistreatment or self-neglect, (report) and the report has identified the risk
as lower risk, as defined by rules promulgated by the state department of
human services (state department).
The state department shall select a maximum of 15 rural and urban
county departments to participate in the pilot. Upon receipt of a report, a
participating county department will not make a finding nor will it be
required to complete unannounced initial in-person interviews, so long as
the report has identified the risk as lower risk, as defined by rule of the
state department. If, upon further review, the participating county
department determines the situation is more severe, it shall revert to the
process that is currently set forth in law for investigating a report.
The state department shall provide initial training on the pilot to
participating county departments, as well as ongoing technical assistance.
The state department shall promulgate rules for the implementation
and administration of the pilot. The rules must include, at a minimum, a
description of the risk levels and the parameters around unannounced
initial in-person interviews.
The state department shall contract with a third-party evaluator to
evaluate the pilot's success or failure, including a consideration of the
pilot's effectiveness in achieving outcomes over a 2-year period.
Each participating county department shall submit a report to the
state department, as necessary, regarding the county department's use of
the pilot and any data required by the state department to effectively
evaluate the pilot.
The state department shall submit a summary report to the health
and human services committee of the senate and the public and
behavioral health and human services committee of the house of
representatives as part of its State Measurement for Accountable,
Responsive, and Transparent (SMART) Government Act presentations
in January 2025 and January 2026.
The pilot is repealed, effective July 1, 2027.

Jeanette

In 2019, the Colorado general assembly enacted, and the governor
subsequently signed into law, the Canadian prescription drug importation

program (program) in the department of health care policy and financing
(department). The bill states that the department may expand the program
to allow a manufacturer, wholesale distributor, or pharmacy from a nation
other than Canada to export prescription drugs into the state under the
program if certain conditions are met.
If, upon the satisfaction of these conditions, the department
decides to expand the program, the executive director of the department
shall notify the president of the senate, the speaker of the house of
representatives, and specified legislative committees, of the department's
intent to do so. The executive director shall provide the notice at least 30
days before the program is expanded, and the notice may include any
recommendations of the department for legislation to amend the program
to reflect its expansion.

Coral Cosway, Rich

The bill makes the following changes to the administration of the
nursing home penalty cash fund (fund) and the nursing home innovations
grant board (board):
  • Transitions final authority over the administration of the
fund from the Colorado department of health care policy
and financing (HCPF) to the Colorado department of public

health and environment (CDPHE);
  • Transitions rule making authority over the fund from HCPF
to the executive director of CDPHE;
  • Transitions the authority to create a minimum reserve
amount for the fund from the medical services board to the
state board of health;
  • Transitions authority over the board from HCPF to CDPHE
effective July 1, 2021;
  • Transitions all appropriations, contracts, and property
related to the fund from HCPF to CDPHE effective July 1,
2021;
  • Removes the $10,000 spending limitation to administer the
fund and the board;
  • Removes the provision allowing members of the board to
be reimbursed for expenses;
  • Removes the provision restricting any governmental entity
from applying for a grant from the fund;
  • Adds a requirement that HCPF and CDPHE develop an
annual budget to administer the fund and support the board;
  • Adds a requirement that HCPF and CDPHE collaborate
annually on any emergency funding needs and specifies
that HCPF will administer such funding;
  • Adds projects that compliment statewide quality and safety
goals as a consideration in making a distribution from the
fund; and
  • Lengthens the period for CDPHE to provide notice of a
violation to a nursing facility from 5 days to 10 days after
inspection.

Francette

Section 1 of the bill titles the bill the Behavioral Health Recovery
Act of 2021.
Section 2 of the bill continues the requirement that a podiatrist
must adhere to the limitations on prescribing opioids.
Sections 3 and 4 of the bill continue the funding for the
medication-assisted treatment expansion pilot program (pilot program) for

the 2020-21 through 2022-23 state fiscal years and repeal the pilot
program on June 30, 2023.
Section 5 of the bill expands the Colorado state university
AgrAbility project (project) by providing funding for the project's rural
rehabilitation specialists to provide information, services, and
research-based, stress-assistance information, education, suicide
prevention training, and referrals to behavioral health-care services to
farmers, ranchers, agricultural workers, and their families to mitigate
incidences of harmful responses to stress experienced by these
individuals.
Section 6 of the bill appropriates money to the department of
public health and environment to address behavioral health disorders
through public health prevention and intervention and to work with
community partners to address behavioral health, mental health, and
substance use priorities throughout the state.
Section 7 of the bill continuously appropriates money to the harm
reduction grant program.
Section 8 of the bill requires a managed care organization (MCO)
to notify a person's provider of approval of authorization of services no
later than 24 hours after the submission of the request for services. The
initial authorization for intensive residential treatment must be no less
than 7 days, and the initial authorization for transitional residential
treatment must be no less than 14 days. The initial authorization period
may be longer if the MCO does not have sufficient information from the
person's provider. MCOs shall continually authorize services in
accordance with the person's provider if the MCO's determination
conflicts with the provider's recommendation. MCOs shall provide
specific justification for each denial of continued authorization for all 6
dimensions in the most recent edition of The ASAM Criteria for
Addictive, Substance-related, and Co-occuring Conditions.
Section 9 of the bill requires the state medical assistance program
(medicaid) to include screening for perinatal mood and anxiety disorders
for each child enrolled in medicaid in accordance with the health
resources and services administration guidelines. The screening must be
made available to any person, regardless of whether the person is enrolled
in medicaid, so long as the person's child is enrolled in medicaid.
Section 10 of the bill requires the department of human services
to develop a statewide data collection and information system to analyze
implementation data and selected outcomes to identify areas for
improvement, promote accountability, and provide insights to continually
improve child and program outcomes.
Section 11 of the bill requires the department of human services,
in collaboration with the department of agriculture, to contract with a
nonprofit organization primarily focused on serving agricultural and rural
communities in Colorado to provide vouchers to individuals living in
rural and frontier communities in need of behavioral health-care services.
Section 12 of the bill requires the center for research into
substance use disorder prevention, treatment, and recovery support
strategies to engage in community engagement activities to address
substance use prevention, harm reduction, criminal justice response,
treatment, and recovery.
Section 13 of the bill continues the building substance use disorder
treatment capacity in underserved communities grant program.
Section 14 of the bill requires the perinatal substance use data
linkage project to utilize data from multiple state-administered data
sources when examining certain issues related to pregnant and postpartum
women with substance use disorders and their infants.
Section 15 of the bill requires the office of behavioral health to use
a competitive selection process to select a recovery residence certifying
body to certify recovery residences and educate and train recovery
residence owners and staff on industry best practices.
Section 16 of the bill requires the office of behavioral health to
establish a program to provide temporary financial housing assistance to
individuals with a substance use disorder who have no supportive housing
options when the individual is transitioning out of a residential treatment
setting and into recovery or receiving treatment for the individual's
substance use disorder.
Section 16 of the bill also creates the recovery support services
grant program for the purpose of providing recovery-oriented services to
individuals with a substance use and co-occurring mental health disorder.
Section 17 of the bill continues the appropriation to the maternal
and child health pilot program.
Section 18 of the bill continues the program to increase public
awareness concerning the safe use, storage, and disposal of opioids and
the availability of nalaxone and other drugs used to block the effects of
an opioid overdose.
Section 19 of the bill continues the harm reduction grant program
and the maternal and child health pilot program.
Section 20 of the bill appropriates money to various state
departments for certain programs.

Phil

The bill creates the financial empowerment office (office) and the
director of the office (director) in the department of law to grow the
financial resilience and well-being of Coloradans through specified
community-derived goals and strategies. The director is appointed by the
attorney general and may hire staff as necessary to perform the duties and
functions of the office. The office also consists of a manager who is

appointed by the director.
The office is authorized to partner with governmental bodies,
community organizations, financial institutions, local service providers,
philanthropic organizations, and other organizations as necessary to
achieve the purposes of the office. The office is also authorized to
develop or promote new or existing:
  • Methods to increase access to safe and affordable financial
products;
  • Tools and resources that advance, increase, and improve
Colorado residents' financial management;
  • Community-informed strategies that dismantle systemic
barriers to building ownership and wealth for all, especially
low-income communities and communities of color; and
  • Tools that promote financial stability such as those that
assist with service navigation, eviction avoidance, or
connections to income supports.
The financial empowerment office is required to:
  • Support the organization of community efforts to define
and lead financial resilience strategies;
  • Align, support, and build ties to build financial education
and well-being in communities across the state;
  • Establish a council to assist the director in increasing
access to ownership, financial well-being, and safe and
affordable banking and financial services that help improve
the financial stability of Colorado residents and in
identifying products and practices that may undermine
financial stability;
  • Work with stakeholders to increase access to safe and
affordable credit-building loans and financial products;
  • Work with state authorities and other stakeholders to
expand access to safe and affordable banking products with
low fees and easy account access, as well as safe and
affordable credit-building loans offered by financial service
providers licensed in Colorado at costs that do not exceed
the finance charges permitted by Colorado law;
  • Work with stakeholders to identify products and practices
that may undermine financial stability;
  • Develop technical assistance to launch or expand local
financial coaching and counseling efforts;
  • Raise money to support coaching, safe and affordable
banking, and potential loan funds; and
  • Track community feedback on consumer financial abuses
and coordinate with various state agencies, connect
consumers with existing resources, and educate the public
on their related consumer rights.
The office is also required to submit an annual report to the
general assembly regarding the activities of the office, the state of
affordable banking access in Colorado, and other specified information.

Bob Brocker 

The bill modifies the Colorado health service corps program
administered by the primary care office (office) in the department of

public health and environment, which program includes a loan repayment
program, as follows:
  • Allows geriatric advanced practice providers, which
include advanced practice registered nurses and physician
assistants with geriatric training or experience, to
participate in the loan repayment program on the condition
of committing to provide geriatric care to older adults in
health professional shortage areas for a specified period;
and
  • Requires the general assembly to annually and continuously
appropriate money from the general fund to the office for
the 2021-22 through the 2025-26 fiscal years to help repay
loans for geriatric advanced practice providers.

An insurer is prohibited from:
  • Considering an individual's race, color, national or ethnic
origin, religion, sex, sexual orientation, disability, or
transgender status in any insurance practice; or
  • Directly or indirectly using any external consumer data and
information source, algorithm, or predictive model

(external data source) that unfairly discriminates against an
individual based on an individual's race, color, national or
ethnic origin, religion, sex, sexual orientation, disability, or
transgender status.
On and after January 1, 2022, an insurer that uses one or more
external data sources in any insurance practice shall submit certain
disclosures to the division of insurance. The commissioner of insurance
(commissioner) may examine and investigate an insurer's use of an
external data source. If the commissioner determines that use of an
external data source bears no direct causal relationship to insurance losses
or to the condition of a property or applicant to be potentially insured and
that the use of the external data source unfairly discriminates on the basis
of an individual's membership in a protected class, the commissioner may
promulgate rules restricting or prohibiting the use of the external data
source.

Rich

The bill addresses the following items related to landlord and
tenant rights in residential rental agreements:
  • When a landlord removes or excludes a tenant from a
dwelling without resorting to proper court procedures, it is
an unfair or deceptive trade practice for the purposes of the
Colorado Consumer Protection Act;

  • After a complaint is filed by a landlord, the clerk of the
court or the attorney for the plaintiff shall issue a summons,
including information concerning filing an answer and
legal aid. A court shall not enter a default writ of restitution
before the close of business on the date upon which an
appearance is due.
  • Provides additional details regarding the defendant's
answer, including that a defendant does not waive any
defense related to proper notice by filing an answer; that
the court shall set a date for trial no sooner than 7 days
after the answer is filed, unless the defendant agrees to
waive this provision and schedule the trial for an earlier
date; and in the time after an answer is filed and before a
trial occurs, the court shall order that the landlord provide
any documentation related to the tenancy or the current
action that the defendant requests;
  • Repeals language requiring the defendant, in an appeal
from a judgment of a county court, to deposit with the court
the amount of rent found due;
  • When a court has issued a writ of restitution in a residential
forcible entry and wrongful detainer (FED) proceeding, a
tenant may pay any rent that is still owed to the landlord at
any point up to 48 hours after a court has ordered a writ of
restitution;
  • Eliminates the bond requirement for the warranty of
habitability and allows the tenant to assert an alleged
breach of the warranty of habitability as an affirmative
defense;
  • Establishes allowable court procedures and remedies in
cases of an alleged breach of warranty of habitability;
  • Bans liquidated damage clauses that assign a cost to a party
stemming from a rental violation or an eviction action;
  • Prohibits rental agreements that contain one-way
fee-shifting clauses that award attorney fees and court costs
only to one party; and
  • Guarantees parties to a residential FED dispute the right to
a trial by jury.
The bill prohibits a landlord of a mobile home park or a residential
premises (landlord) from:
  • Charging a tenant or mobile home owner (tenant) a late fee
for late payment of rent unless the rent payment is late by
at least 14 calendar days;
  • Charging a tenant a late fee in an amount that exceeds the
greater of:
  • $20; or
  • 2.5% of the amount of the rent obligation that
remains past due;
  • Requiring a tenant to pay a late fee unless the late fee is
disclosed in the rental agreement;
  • Removing, excluding, or initiating eviction procedures
against a tenant solely as a result of the tenant's failure to
pay one or more late fees;
  • Terminating a tenancy or other estate at will or a lease in a
mobile home park because the tenant fails to pay one or
more late fees to the landlord;
  • Imposing a late fee on a tenant for the late payment or
nonpayment of any portion of the rent that a rent subsidy
provider, rather than the tenant, is responsible for paying;
  • Imposing a late fee more than once for each late payment;
  • Requiring a tenant to pay interest on late fees;
  • Recouping any amount of a late fee from a rent payment
made by a tenant; or
  • Charging a tenant a late fee unless the landlord provided
the tenant written notice of the late fee within 180 days
after the date upon which the rent payment was due.
A landlord who commits a violation must pay a $20 penalty to an
aggrieved tenant for each violation. Otherwise, a landlord who commits
a violation has 7 days to cure the violation, which 7 days begins when the
landlord receives notice of the violation. If a landlord fails to timely cure
a violation, the tenant may bring a civil action to seek one or more of the
following remedies:
  • Compensatory damages for injury or loss suffered;
  • A penalty of at least $500 but not more than $2,000 for
each violation, payable to the tenant;
  • Costs, including reasonable attorney fees if the tenant is the
prevailing party; and
  • Other equitable relief the court finds appropriate.
The attorney general may investigate and prosecute alleged
violations. A violation that is not timely cured or that was committed by
a landlord in bad faith is an unfair or deceptive trade practice for the
purposes of the Colorado Consumer Protection Act.

Jeanette, Ed 

The bill creates the Colorado prescription drug affordability review
board (board) as an independent unit of state government and requires the
board to perform affordability reviews of prescription drugs and establish
upper payment limits for prescription drugs the board determines are
unaffordable for Colorado consumers. The board is also required to
promulgate rules as necessary for its purposes.
The board shall determine by rule the methodology for establishing
an upper payment limit for a prescription drug. An upper payment limit
applies to all purchases of and payer reimbursements for the prescription
drug dispensed or administered to individuals in the state in person, by
mail, or by other means. Any savings generated for a health benefit plan
as a result of an upper payment limit established by the board must be
used by the carrier that issued the health benefit plan to reduce costs to
consumers.
On and after January 1, 2022, the bill prohibits any purchase or
payer reimbursement for a prescription drug from exceeding an upper
payment limit established by the board for that prescription drug. A
person who violates the prohibition may be subject to a fine of $1,000 for
each violation. Final board decisions are subject to judicial review.
A person aggrieved by a decision of the board may appeal the
decision within 60 days. The board shall consider the appeal and issue a
final decision concerning the appeal within 60 days after the board
receives the appeal.
Any prescription drug manufacturer (manufacturer) that intends to
withdraw a prescription drug for which the board has established an upper
payment limit from sale or distribution within the state must notify, at
least 180 days before the withdrawal:
  • The commissioner;
  • The attorney general; and
  • Each entity in the state with which the manufacturer has
contracted for the sale or distribution of the prescription
drug.
A manufacturer who fails to comply with the notice requirement may be
required to pay a penalty of up to $500,000.
For all prescription drugs dispensed at a pharmacy and paid for by
a carrier during the immediately preceding calendar year, the bill requires
each carrier and each pharmacy benefit management firm acting on behalf
of a carrier to report certain information.
The bill creates the Colorado prescription drug affordability
advisory council to provide stakeholder input to the board.
The board must submit an annual report to the governor and to
subject matter committees of the general assembly summarizing the
activities of the board during the preceding calendar year.

Jeanette, Linda Garcia

For purposes of addressing discriminatory or unfair employment
practices pursuant to Colorado's anti-discrimination laws, the bill:
  • Allows an employment discrimination claim to be brought
in any court of competent jurisdiction in the county or
district where the alleged discriminatory or unfair
employment practice occurred and allows an individual to

file a civil action, without otherwise exhausting
administrative proceedings and remedies, as long as the
individual either files a charge with the Colorado civil
rights commission (commission) or serves a written
demand for the relief on the individual's employer and
allows the employer 14 days to respond;
  • Expands the definition of employee to include
individuals in domestic service; individuals who perform
a service for a price, including independent contractors,
subcontractors, and their employees; and individuals who
offer services or labor without pay;
  • Adds new definitions of caregiver, care recipient,
child, minor child, harassment, hostile work
environment, and independent contractor;
  • Adds protections from discriminatory or unfair
employment practices for individuals based on their
marital status or caregiver status;
  • Specifies that it is a discriminatory or unfair employment
practice for an employer to fail to initiate an investigation
of a complaint or fail to take prompt remedial action if
appropriate;
  • Prohibits certain preemployment medical examinations,
imposes limitations on inquiries and examinations about an
employee's disability during employment, and specifies that
violations of these prohibitions and limitations constitute
discriminatory or unfair employment practices;
  • Expands the time limit to file a charge with the commission
from 6 months to 300 days after the alleged discriminatory
or unfair employment practice occurred;
  • Repeals the limits on remedies in cases involving age
discrimination; and
  • Limits the ability of an employer to require confidentiality
of claims once a charge is filed with the commission.

Rich Mauro. Bob Epstein. Francette

The bill renames the existing health disparities grant program to
the health disparities and community grant program (program) and
expands the program to authorize the office of health equity (office) to:
  • Award grants from money currently transferred from the
prevention, early detection, and treatment fund to the health
disparities grant program fund (fund) for the purpose of

positively affecting social determinants of health to reduce
the risk of future disease and exacerbating health
disparities in underrepresented populations; and
  • Award grants from any additional money appropriated by
the general assembly to the fund to community
organizations to reduce health disparities in
underrepresented communities through policy and systems
changes regarding the social determinants of health.
On or before January 1, 2022, and continuing every 2 years
thereafter, the office is required to issue a report concerning health
disparities in Colorado by race and ethnicity that includes an assessment
of the impact of social determinants of health on health disparities and
recommended strategies to begin to address such inequities with the
collaboration of the health equity commission and other stakeholders.
On or before July 1, 2022, the office is required to facilitate a state
agency work group to develop an equity strategic plan. Specific state
agencies are required to participate in the state agency work group to
ensure coordination in equity-related work across state agencies to
address social determinants of health in each agency's respective area.
The bill adds additional state agency executive directors to the
health equity commission.

Bob Epstein, Bob Brocker

The bill creates the dialysis transportation provider reimbursement
program (program) within the department of transportation. The program
is created to reimburse dialysis transportation providers that transport
dialysis patients who are 50 years of age or older and are not otherwise
covered by medicaid. The program is funded by a per-treatment fee paid
by each for-profit dialysis treatment clinic.

Olivia Hart

Current law allows a voter with a disability to use an electronic
voting device that produces a paper record to vote in a mail ballot
election. If a voter receives a ballot through an electronic voting device,
the voter is required to print the ballot to return it to the applicable
election official. The bill allows a voter to either print the ballot or return

the ballot by electronic transmission if printing the ballot is not feasible.
Regardless of the method of return, the bill specifies that to be valid, a
ballot must be received by the election official in the applicable
jurisdiction before the close of polls on the day of the election.

Jeanette

The bill appropriates money to the department of higher education
for the Colorado opportunity scholarship initiative's displaced workers
grant.

Rich, Pat Cook

Joint Budget Committee. In 2019, the general assembly extended
the office of public guardianship (office) until 2023. The bill corrects 2
dates that should have been extended. If the office is not further extended,
it will need additional time to wind up its affairs. The repeal of the article
creating the office is extended to June 30, 2024, to allow time for the
office to wind up its affairs.

The general assembly increased certain court fees to fund the
office. The bill requires the office, if it is not further extended, to notify
the joint budget committee that those fees can be reduced.

Joint Budget Committee. The bill directs the department of
health care policy and financing (department) to develop a spending plan
(spending plan) for using enhanced, one-time federal matching money

received pursuant to the American Rescue Plan Act of 2021 (federal
act) to enhance, expand, and strengthen Medicaid-eligible home- and
community-based services for older adults and people with disabilities.
The department shall develop a proposed spending plan
considering feedback from providers, medical assistance recipients, and
advocates consistent with federal guidance on allowable uses of the
federal act funding. Money from the federal act may be used for home-
and community-based services, as defined in the federal act, including
home health services, personal care services, PACE services, waiver
services, case management services, and rehabilitative services. The
department must develop the spending plan in accordance with federal act
guidance. The bill specifies possible components of the spending plan.
As soon as practicable after federal guidance is received, the
department shall submit the proposed spending plan to the joint budget
committee of the general assembly for approval. The joint budget
committee may reject or approve the spending plan and may make
recommendations for modifications to the spending plan. If the spending
plan is rejected, the department shall submit a new spending plan as soon
as possible. The department shall not implement the spending plan unless
the spending plan is approved by the joint budget committee.
The bill transfers $225,735,015 from the general fund to a cash
fund created in the bill. The money in the cash fund is appropriated to the
state department for the fiscal year commencing on July 1, 2021, for
expenditures identified in the spending plan approved by the joint budget
committee; except that the spending authority expires if a supplemental
appropriation bill is enacted. During the next legislative session, the joint
budget committee shall introduce a supplemental appropriation bill for
the amount of the expenditures authorized. For fiscal years commencing
on and after July 1, 2021, the general assembly may also appropriate
money from the fund for purposes authorized under the federal act.
Money in the fund may be used for the department's reasonable and
necessary administrative expenses.
The bill requires the department to submit expenditure reports with
additional information specified in the bill concerning the use of the
money received pursuant to the federal act.
The bill repeals the statutory provisions in 2025.
The bill appropriates money to the department to administer the
appropriations and adjusts the 2020 and 2021 long bill appropriations to
reflect federal funding not already accounted for in the long bills.

The bill creates the area agency on aging grant program (grant
program) in the department of human service's state office on aging (state

office). The purpose of the grant program is to assist and support the
health, well-being, and security of older Coloradans.
The bill requires the state office and the area agency on aging to
collaborate and establish criteria for the following:
  • Adopting the policies and procedures for the administration
of the grant program;
  • Establishing and publishing criteria for the grant program;
and
  • Creating application procedures by which eligible
organizations may apply for and receive money from the
grant program.