The act requires the general assembly to annually appropriate $3,340,119 to the department of human services (department) for services for youth who are detained or can be placed in lieu of detention. Of the money, the department shall: Allocate $200,000 to judicial districts for services for detained youth and supports for youth moving from detention to treatment or other placements; Use $1,780,137 to incentivize and remove barriers for licensed providers to serve youth who may be placed in community residential facilities or family-like settings in lieu of detention; and Use $1,359,982 of the money for temporary emergency detention beds for juveniles. Existing law limits the number of juvenile detention beds available for juveniles statewide, which are allocated to catchment areas. The act establishes 22 temporary emergency detention beds that may be used, pursuant to a court order, when there are no available beds in a judicial district's catchment area. The act establishes the process for a court to order the use of a temporary emergency detention bed. Temporary emergency detention beds do not count toward the statewide juvenile detention bed limit. If a juvenile detention bed within a judicial district's allocation becomes available, the act requires a juvenile utilizing a temporary bed to revert to the nonemergency detention bed. A court is required to appoint, at a juvenile's detention hearing, a guardian ad litem for each detained juvenile. The appointment terminates upon the release of the juvenile from detention unless the court finds a basis for continuing appointment pursuant to other state law. The act requires the working group for criteria for placement of juvenile offenders, known as the CYDC working group, to review data collected by the division of youth services annually rather than every 2 years. The department is required to collect statewide data about: Youth eligible for release from a detention facility without an additional court order if services or placements are available for the youth; The use of temporary emergency detention beds; and Youth released from detention solely because the number of youth detained statewide exceeds the statewide detention bed cap. The act requires the department to annually report the statewide data to the CYDC working group, the house of representatives and senate judiciary committees, the house of representatives public and behavioral health and human services committee, and the senate health and human services committee, or any successor committees. The act requires the CYDC working group to conduct a study to determine the best method to collect and report data and information concerning youth released from detention because a detention bed was unavailable. For fiscal year 2023-24, the act appropriates $3,340,119 from the general fund to the department. The department may use the appropriation as follows: $1,174,816 for use by the division of youth services (DYS) for program administration related to institutional programs; $11,792 for use by DYS for medical services related to institutional programs; $300,816 for use by DYS for certain programs related to community programs; $1,780,137 for use by the division of child welfare for community provider incentives; and $72,558 for use by the division of child welfare for Colorado's statewide automated child welfare information system (TRAILS). The act also appropriates $463,000 from the general fund to the judicial department for use by the office of the child's representative for court-appointed counsel. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)
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Under current law, if the court finds a violation of the open meetings law, a prevailing citizen is entitled to costs and reasonable attorney fees. The act specifies that for certain challenges by a pro se plaintiff that are brought in connection with provisions in the open meetings law governing executive sessions in the open meetings law the pro se plaintiff is not entitled to an award of costs or attorney fees. VETOED by Governor June 6, 2023 (Note: This summary applies to this bill as enacted.)
The act amends consumer protection law regarding ticket sales and resales for events, including adding and amending defined terms. The act allows an operator to restrict the resale of tickets to events that are initially offered as part of a charitable event for a charitable purpose. The act requires an operator, primary ticket seller, reseller, or ticket resale marketplace to refund a ticket to the purchaser in certain instances, such as when an event is cancelled. The act prohibits an operator, primary ticket seller, or rights holder from revoking tickets merely because those tickets have been resold through a reseller or ticket resale marketplace; however, an operator may still revoke or restrict tickets for a violation of venue policies, to protect the safety of patrons, or to address fraud or misconduct. The act specifies that a person engages in deceptive trade practices when, in the course of the person's business, vocation, or occupation, the person: Uses computer software or systems that run automated tasks to purchase tickets to events or to circumvent or disable ticket limitation and security measures; Displays trademarked, copyrighted, or substantially similar web designs, URLs, or other images and symbols without the consent of the trademark or copyright holder, operator, or rights holder; Sells a ticket to an event without disclosing the total cost of the ticket, including the cost of any service charge or other fees that must be paid, or displays service charges and fees less prominently than the total price of the ticket; Increases the price of a ticket once the ticket has been selected for purchase, with the exception of adding delivery fees; or Advertises, offers for sale, or contracts for the resale of a ticket unless the person has possession or constructive possession of the ticket and the person has an agreement with the rights holder. The act also specifies civil penalties that may be imposed for deceptive trade practices or violations of the consumer protection statute. VETOED by Governor June 6, 2023 (Note: This summary applies to this bill as enacted.)
Section 1 of the act increases the limit on medical impairment benefits based on mental impairment from 12 weeks to 36 weeks. Section 2 removes language authorizing an employee to petition the division of workers' compensation in the department of labor and employment (division) for the replacement of any artificial member, glasses, hearing aid, brace, or other external prosthetic device, including dentures. The treating physician must deem such replacement necessary. Section 3 allows an employee to request an expedited hearing when the employee's temporary total disability benefits end based on an attending physician's written release to return to regular employment. Section 4 specifies that when a physician recommends medical benefits after maximum medical improvement, the benefits admitted by the insurer or self-insured employer are not limited to any specific medical treatment. Current law requires an insurance carrier to provide an independent medical examiner and all other parties a complete copy of all medical records in its possession pertaining to an injury. Section 5 limits the medical records required to be provided to records relevant to the injury. Section 5 also specifies how the division is required to determine the amount and allocation of costs to be paid by the parties for an independent medical examination. Section 6 allows a prehearing administrative law judge to issue interlocutory orders resolving disputes regarding the content and format of the independent medical examiner's medical record packet, indigency status, and the allocation of independent medical examiner costs. Current law states that, in an unappealed case, a contingent attorney fee exceeding 20% of the amount of contested benefits is presumed to be unreasonable. Section 7 increases the amount to 25%. For the 2023-24 state fiscal year, $731,640 is appropriated to the department of labor and employment from the from the workers' compensation cash fund for use by the division of workers' compensation in implementing the act. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act changes the legal representative for the department of revenue (department) in driver's license and identification card denial, cancellation, suspension, and revocation appeals. Under existing law, upon request of the attorney general, a district attorney represents the department in such appeals. On and after 3 specified dates that are designated for 3 groups of judicial districts, the act requires the attorney general to represent the department in all such appeals. The attorney general may appear for such an appeal hearing by telephone, video teleconference, or any other court-authorized means of electronic participation. For the 2023-24 state fiscal year, $47,583 is appropriated from the general fund to the department and reappropriated to the department of law for legal services to be provided to the department in connection with the implementation of the act. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires a health insurance carrier (carrier) that issues, sells, renews, or offers a dental coverage plan to file, beginning in 2024, dental loss ratio forms with the division of insurance (division) for the preceding calendar year in which dental coverage was provided. The division is required to post dental loss ratio information on its website or submit the information to the administrator of the all-payer health claims database (APCD). If the information is submitted to the APCD administrator, the administrator is directed to make the information available to the public. Once the division has collected dental loss ratio information for 2 years, the commissioner of insurance (commissioner) shall promulgate rules that create a process to identify any carriers that significantly deviate from average dental loss ratios and to investigate the causes of the deviation. The act requires the commissioner to adopt rules that require each carrier that provides a dental coverage plan to issue to covered persons to whom a dental coverage plan identification card is issued a standardized written or virtual card containing plan information. The act also requires prepaid dental plans to file rates with the division. The act appropriates $64,252 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance for personal services and operating expenses. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires hospitals to make public and post each hospital's medicare reimbursement rates. The act: Requires the department of health care policy and financing (state department) to conduct a performance assessment for each hospital to determine the hospital's adherence to federal transparency rules and publish the results on its website; Repeals sections of statute regarding hospital price transparency and debt collection that are currently under the administration and authority of the department of public health and environment and relocates these sections so that hospital price transparency and debt collection provisions are under the administration and authority of the state department; and Makes a violation of the hospital transparency requirements outlined in the act a deceptive trade practice under the "Colorado Consumer Protection Act". APPROVED by Governor June 2, 2023 EFFECTIVE June 2, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Under Colorado law, an art gallery may obtain a permit to serve complementary alcohol beverages, but a permit holder is prohibited from: Selling alcohol beverages by the drink; Serving alcohol beverages for more than 4 hours in a 24-hour period; Serving alcohol beverages more than 15 days per year; Charging an entrance fee or a cover charge in connection with offering complimentary alcohol beverages; Violating the "Colorado Liquor Code"; or Allowing more than 250 people to be on the premises at one time when alcohol beverages are being served. The act broadens this permit to allow most retail establishments to obtain the permit if the establishment conducts business at a physical building in Colorado, sells goods or services to the public at the location, and derives less than 50% of the establishment's gross sales of goods and services from the sale of food. The prohibitions for art gallery permit holders are not changed and apply to a retail establishment that obtains a permit; except that: The prohibition on selling alcohol is broadened to cover the sale of alcohol beverages in any form; The number of days that an establishment may serve alcohol beverages in a year is increased from 15 to 24 days; Maximum serving sizes are set for beer, wine, and spirits; A person is prohibited from holding the permit and another liquor license; Serving or distributing alcohol beverages is prohibited between 2 a.m. and 7 a.m.; and Serving underage guests is prohibited and underage servers are prohibited. To implement the act, $98, 744 is appropriated from the liquor enforcement division and state licensing authority cash fund to the department of revenue for use by the liquor and tobacco enforcement division. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
For a contract between a pharmacy benefit manager (PBM) or a health insurance carrier (carrier) and a certificate holder or policyholder, the act requires that the amount charged by the PBM or carrier to the certificate holder or policyholder for a prescription drug be equal to or less than the amount paid by the PBM or carrier to the contracted pharmacy for the drug. For group health benefit plans in effect during the 2025 calendar year and each calendar year thereafter, the act creates transparency requirements for PBMs and carriers regarding prescription drug benefits and grants audit authority to the commissioner of insurance (commissioner) for fully insured plans to ensure compliance with the requirements. The commissioner is authorized to promulgate rules to implement the act. A violation of the requirements of the act is a deceptive trade practice in the business of insurance, with regard to fully insured plans. For contracts between a PBM and the department of health care policy and financing (state department) or one of its affiliated managed care organizations offering a prescription benefit plan that is issued on or after January 1, 2025, the act requires the amount charged by the PBM to the state department or managed care organization for a prescription drug dispensed to an enrollee in the Colorado medical assistance program to be equal to or less than the amount paid by the PBM to a pharmacy for the prescription drug dispensed to the enrollee. The act directs the medical services board to adopt rules to implement and ensure compliance with this requirement. APPROVED by Governor May 10, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies (department), as contained in the department's 2022 sunset review of the human trafficking prevention training (training). The act continues the training for 7 years, until September 1, 2030. APPROVED by Governor April 28, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)