The act creates a property tax exemption for mobile homes, which includes manufactured homes, that have an actual value of $28,000 or less. The act also eliminates the requirement that a county treasurer publish a notice in a newspaper of a sale of a mobile home, which includes a manufactured home, due to property taxes owed if: A distraint warrant has been delivered to the owner of the mobile home or to his or her agent; and The county treasurer publishes a notice of the sale on the treasurer's website. The act appropriates $833,193 from the general fund for the state share of districts' total program funding to offset the reduction in property tax revenue to school districts as a result of the property tax exemption. (Note: This summary applies to this bill as enacted.)
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The act establishes the rural provider access and affordability stimulus grant program (grant program) in the Colorado department of health care policy and financing (state department). As part of the grant program, the state department may award grants for projects that modernize the affordability solutions and the information technology of health-care providers in rural communities (rural providers) and projects that expand access to health care in rural communities. The types of rural providers eligible for grants under the grant program are rural hospitals that have a lower net patient revenue or fund balance than other rural hospitals in the state, as determined by the medical services board (state board) by rule. On or before December 31, 2022: The state department must adopt guidelines for the grant program (guidelines); and The state board must adopt rules as necessary for the administration of the grant program (rules). The act creates the rural provider access and affordability advisory committee (advisory committee) in the state department. The advisory committee is required to advise the state department on the administration of the grant program, the adoption of the guidelines, and the selection of grant recipients. The advisory committee is also required to advise on the rules. The act also creates the rural provider access and affordability fund (fund) in the state treasury. The act requires the state treasurer to transfer $10,000,000 from the economic recovery and relief cash fund to the fund for awarding grants under the grant program and the administration of the grant program. The state department is directed to include a report on the progress of the grant program during its presentation to joint legislative committees pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The grant program is repealed on July 1, 2025. (Note: This summary applies to this bill as enacted.)
The act requires the state board of health in the department of public health and environment, with regard to nursing care facilities and assisted living residences, and the medical services board in the department of health care policy and financing, with regard to adult day care facilities, to adopt rules requiring these facilities to provide dementia training for staff providing direct-care services to clients and residents of the facilities. (Note: This summary applies to this bill as enacted.)
The act makes it a deceptive trade practice under the "Colorado Consumer Protection Act" if a person claims to be a "board-certified music therapist" or "music therapist", uses the title "music therapist", uses the abbreviation "MT-BC", or in any other way indicates or implies that the person is a music therapist unless the person holds an active music therapist board-certified credential administered by the Certification Board for Music Therapists. The act does not prohibit a person from performing work, including the use of music, incidental to the person's profession or occupation, if that person does not represent that the person is a music therapist. Any person who unlawfully claims to be a music therapist commits a class 2 misdemeanor. The act clarifies that the attorney general or district attorney may seek assurance of discontinuance of the deceptive trade practice or other remedies or penalties prior to charging a person with a misdemeanor. (Note: This summary applies to this bill as enacted.)
On or before January 4, 2023, the act requires the executive director of the department of revenue to submit a report to the general assembly that analyzes the feasibility of regulating kratom products, kratom processors, and kratom retailers. Effective July 1, 2024, the act prohibits a person from: Knowingly preparing, distributing, advertising, selling, or offering to sell a kratom product that is adulterated with fentanyl or any other controlled substance; Selling a kratom product that does not have a label that sets forth the identity and address of the manufacturer and the full list of ingredients in the kratom product; Knowingly preparing, distributing, advertising, selling, or offering to sell a kratom product to a person under 21 years of age; or Displaying or storing a kratom product in a retail location in a manner that would allow the product to be accessed by individuals under 21 years of age. The act creates a civil infraction for: Giving, selling, distributing, dispensing, or offering to sell a kratom product to individuals under 21 years of age; or Failing to request a government-issued photographic identification that establishes that an individual is over 21 years of age prior to giving, selling, distributing, dispensing, or offering to sell a kratom product to the individual. A person who commits either civil infraction is subject to a fine of $200. (Note: This summary applies to this bill as enacted.)
Current law requires that a proposal to regulate a new professional or occupational group be submitted to the department of regulatory agencies (department) by December 1 of any year for a sunrise review by the department and requires the department to perform the review and report to the proponents and the general assembly by October 15 of the year following the submission. The act amends the timeline for the department to conduct sunrise reviews of proposals to regulate an unregulated professional or occupational group submitted on or after July 1, 2022, as follows: For proposals submitted between July 1 and December 31 of any year, the department must complete the review by June 30 of the following year; and For proposals submitted between January 1 and June 30 of any year, the department must complete the review by December 31 of that year. Current law allows the department to decline to conduct an analysis and evaluation after reviewing a proposal to regulate a professional or occupational group if the department conducted a review within the previous 36 months and finds that no new information has been submitted that would affect the department's previous determination. The act allows the department to also decline to conduct a review if: The proposed regulatory scheme appears to regulate fewer than 250 individuals; or At least 33 other states license, certify, or require registration of members of the same professional or occupational group. In determining whether a proposed regulation of a professional or occupational group is necessary, the act: Removes the requirement to consider whether, if the professional or occupational group remains unregulated, the potential for harm is easily recognizable and not remote or dependent upon tenuous argument; and Adds the requirement to consider whether the practitioners of the profession or occupation exercise independent judgment, and whether the public can reasonably be expected to benefit from the direct regulation of the profession or occupation if a practitioner's judgment or practice is limited or subject to the judgment or supervision of others.(Note: This summary applies to this bill as enacted.)
The act requires the division of insurance (division) to collaborate with the department of health care policy and financing, the department of personnel, the department of public health and environment, and the primary care payment reform collaborative (collaborative) to develop and promulgate rules for alternative payment model parameters for primary care services offered through health benefit plans. The alternative payment model parameters must: Include transparent risk adjustment parameters that ensure that primary care providers are not penalized for or disincentivized from accepting vulnerable, high-risk patients and are rewarded for caring for patients with more severe or complex health conditions and patients who have inadequate access to affordable housing, healthy food, or other social determinants of health; Utilize patient attribution methodologies that are transparent and reattribute patients on a regular basis, which must ensure that population-based payments are made to a patient's primary care provider rather than other providers who may only offer sporadic primary care services to the patient and include a process for correcting misattribution that minimizes the administrative burden on providers and patients; Include a set of core competencies around whole-person care delivery that primary care providers should incorporate in practice transformation efforts to take full advantage of various types of alternative payment models; and Require an aligned quality measure set that considers the quality measures and the types of quality reporting that carriers and providers are engaging in under current state and federal law and includes quality measures that are patient-centered and patient-informed and address: Pediatric, perinatal, and other critical populations; the prevention, treatment, and management of chronic diseases; and the screening for and treatment of behavioral health conditions. For health-care plans that are issued or renewed on or after January 1, 2025, each carrier must ensure that the carrier's alternative payment models for primary care incorporate the aligned alternative payment model parameters created by the division. By December 1, 2023, the commissioner of insurance must promulgate rules detailing the requirements for alternative payment model parameters alignment. The division shall allow carriers the flexibility to determine which network providers and products are best suited to achieve the goals and incentives set by the division. Once the division has 5 years of data, the division is required to analyze the data, produce a report on the data, and present the findings to the general assembly during the department of regulatory agencies' presentation to legislative committees at hearings held pursuant to the "SMART Act". To assist carriers with implementing primary care alternative payment models, the division is required to retain a third-party contractor to design an evaluation plan for such implementation and retain a third-party contractor to provide technical assistance to carriers. With regard to the collaborative, the act: Requires the collaborative to annually review the alternative payment models developed by the division and provide the division with recommendations on the models; and Adjusts the date on which the collaborative must deliver its annual reports. With regard to the all-payer health claims database, the act: Requires the administrator to include in the annual primary care spending report data related to the aligned quality measure set determined by the division; and Adjusts the date on which the annual reports are due. For the 2022-23 state fiscal year, $56,328 is appropriated to the department of personnel from the general fund for use by the division of human resources to implement the act. (Note: This summary applies to this bill as enacted.)
Colorado law regulates the manufacturers, sellers, and installers of manufactured homes. This regulation includes requirements for the installation of manufactured homes, contract and disclosure requirements, and the registration, escrow, reimbursement, bonding, and inspections of the manufacturers, installers, and sellers. In addition, the state housing board (board) sets standards for the proper manufacture and installation of manufactured homes. The board consults with an advisory committee when promulgating rules. The act adds tiny homes, which are typically manufactured, to this regulation on substantially similar terms. This includes adding 2 representatives of the tiny home industry to the advisory committee. The board is given the duty to regulate foundations for manufactured homes, tiny homes, and factory-built structures where no construction standards otherwise exist. Manufacturers are required to meet bonding and escrow requirements, and standards are set for payment from the bond or escrow account. In addition to adding tiny homes to these provisions, the act addresses tiny home regulation in the following manner: The board must promulgate rules establishing specific standards for tiny homes. When a national or international standard is created, the board may use that standard. The board may modify these standards as necessary. The board must establish standards for connecting a tiny home to utilities, including water, sewer, natural gas, and electricity; A state electrical inspector or a local government may approve the connection of a tiny home for electric utility service if the tiny home is in compliance with applicable codes and standards for connection for electric utility service; A state plumbing inspector or a local government may approve the connection of a tiny home for water, gas, or sewer utility service if the tiny home is in compliance with applicable codes and standards for connection for water, gas, or sewer utility service; and Standards are set for promulgating rules governing tiny homes. If a tiny home is approved for connection to utilities through the process described above, the tiny home may be connected to the appropriate utilities. Current law governing the connection to each utility is amended to avoid conflicts with the process established in the act. Selling or installing a tiny home without complying with the act is declared a deceptive trade practice, which subjects a violator to damages in a lawsuit and civil penalties of: Up to $20,000 per violation; Up to $10,000 for violating a court order or injunction; and Up to $50,000 per violation if the victim is an elderly person. Colorado law regulates mobile home parks, including notice requirements, lease termination limits and requirements, security deposit regulations, entry fee prohibitions, antitrust prohibitions, selling fee prohibitions, kickback prohibitions, retaliation prohibitions, regulation of how and if park rules are established, a right of first refusal when the owner wants to sell the mobile home park, a peaceful enjoyment right, and remedy provisions. The act includes tiny homes under these provisions. Colorado law exempts manufactured homes from sales and use tax. The act adds tiny homes to this exemption. Tiny homes are classified as residential improvements for the purpose of property tax, which means the landowner will pay the lower residential tax rates on land that has a tiny home. To implement the act, $227,612 is appropriated from the general fund to the department of local affairs and $86,946 is appropriated from the division of professions and occupations cash fund to the department of regulatory agencies. (Note: This summary applies to this bill as enacted.)
The bill requires the Colorado water conservation board (board) to establish one or more remote wildfire camera technology pilot programs. The board must acquire or contract for a system of remote pan-tilt-zoom cameras and associated tools to provide a live feed of information that can detect, locate, and confirm ignition in the wildland-urban interface. The board must report to the wildfire matters review committee on the system's effectiveness and potential for more widespread use in the state.(Note: This summary applies to this bill as introduced.)
There is a state auxiliary services pilot program that arranges for the provision of auxiliary services for state departments and agencies that employ or serve individuals who are deaf, hard of hearing, and deafblind. The bill requires the Colorado commission for the deaf, hard of hearing, and deafblind (commission) to continue the operations of the state auxiliary services program (program) indefinitely. The commission is required to perform the following functions: Coordinate on a statewide basis the day-to-day scheduling for auxiliary services; Create and manage efficient and consistent processes through which an auxiliary services provider may submit required documentation and receive payment for auxiliary services provided; Create and manage a process for the intake and fulfillment of requests by state departments and agencies for auxiliary services; Resolve any issues that may arise with regard to auxiliary services; Communicate with auxiliary services users, auxiliary services providers, and appointing authorities; and Establish, monitor, and publish a list of CART providers and qualified interpreters. The bill requires the commission to convene an advisory council to make recommendations concerning the provision of auxiliary services. The bill requires the commission to include data on the functions of the program in its annual report to the governor and the general assembly. (Note: This summary applies to this bill as introduced.)