Digest of Bills - 2007

HEALTH AND ENVIRONMENT

S.B. 07-35 Physicians - employment by a hospice. Allows a hospice to employ physicians, subject to the same limitations that apply to a hospital that employs physicians.

APPROVED by Governor April 11, 2007
EFFECTIVE April 11, 2007

S.B. 07-60 Emergency contraception - hospital protocols - pharmacies. Requires hospitals to adopt protocols to inform a survivor of a sexual assault of the availability of emergency contraception. Exempts a health care professional who objects on religious or moral grounds from the requirement to provide information concerning emergency contraception. Specifies that hospitals shall not be required to provide emergency contraception to a survivor who is not at risk of becoming pregnant or to a survivor who was pregnant prior to the assault.

Requires pharmacies that do not have nonprescription emergency contraception in stock to post a notice of that fact.

Encourages rape assistance centers and pharmacies to provide information on emergency contraception.

APPROVED by Governor March 15, 2007
EFFECTIVE March 15, 2007

S.B. 07-79 Contracts with health care providers - standard form - required contract provisions - definitions. Requires any person or entity contracting with a health care provider on or after January 1, 2008, to use a standard form contract. Requires each contract to include a summary disclosure form that contains:

         Compensation and payment terms that are sufficient for the health care provider to identify the compensation for health care that is provided, which terms include a fee schedule;

         The duration of the contract and reasonable termination terms;

         The identity of the claims processors;

         Dispute resolution terms; and

         The subject and order of an addenda, if applicable.

Requires the person or entity to identify a program used to review, monitor, evaluate, or assess the health care services provided.

Exempts a person or entity from providing a fee schedule to a provider if the fee schedule is for dental services whose providers include licensed dentists and the fee schedule is based on fees filed by the dental provider and is revised periodically.

Requires the person or entity to state how a completed claim was adjudicated and any outstanding balance owed. Requires the payment and compensation terms to be disclosed in writing when a contract is proposed by the person or entity.

Allows a material change to a contract only if the change is provided in writing 90 days prior to the change. Allows a contract to be terminated by either party if there is written objection to the change, unless the objection is to an addition of a new category of coverage.

Prohibits a person or entity from assigning, allowing access to, selling, renting, or giving the rights to the provider's services unless specific conditions are met. Prohibits a contract from requiring a waiver of the provider's legal rights as a condition of entering into the contract.

Allows a health care provider to decline services to new patients upon 60 days' notice. Allows for termination of a contract without cause by either party if the contract is for less than 2 years, otherwise requires the termination without cause terms to be specified in the contract.

Exempts certain entities from the requirement of using the contract.

Allows a contract to include an agreement for binding arbitration. Requires the availability of private rights of action, equitable relief, reasonable attorney fees when the provider is the prevailing party in an action and the option to introduce prior arbitration awards regarding a violation.

APPROVED by Governor March 30, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 07-110 Natural resource damage recoveries - return to original fund. Requires natural resource damage assessment costs and other costs recovered by the state to be returned to the fund from which such costs were originally paid.

APPROVED by Governor April 2, 2007
EFFECTIVE April 2, 2007

S.B. 07-153 Local health officer - quarantine and isolation orders. Authorizes enforcement of quarantine and isolation orders issued by a local health officer. Establishes unlawful acts and penalties against a local health officer. Requires a local health officer to respect the creed or tenets of religion of any person, if sanitary and quarantine laws and rules are complied with by such person.

APPROVED by Governor April 20, 2007
EFFECTIVE April 20, 2007

S.B. 07-196 Health information technology advisory committee - creation - long-range plan development - interstate compact - telemedicine. Creates the health information technology advisory committee (committee) to develop a long-range plan for health care information technology, including the use of electronic medical records, computerized clinical support systems, computerized physician order entry, regional data sharing interchanges for health care information, data privacy and security measures, and other methods of incorporating information technology in pursuit of greater cost-effectiveness and better patient outcomes in health care.

Requires the committee to pursue an interstate compact among western states to create internal state health information technology and health information exchange programs with the goal of connecting and exchanging information between the compact states to provide lower-cost, higher-quality, and accessible health care services and benefits.

Clarifies that patient records that are transmitted electronically are subject to the same patient accessability and security and privacy laws and rules as other patient records.

Allows the state's medical assistance program for home health care services or home- and community-based services to be delivered through telemedicine. Allows the services delivered through telemedicine to be subject to reimbursement policies promulgated by rule of the medical services board. Requires a health care provider who treats a patient through telemedicine to provide specific written statements to the patient prior to treatment, including an option for the patient to opt out of treatment through telemedicine.

Makes the financing provisions of the act contingent upon the passage of and realized fiscal savings from House Bill 07-1021.

APPROVED by Governor May 24, 2007
EFFECTIVE May 24, 2007
NOTE: House Bill 07-1021 was signed by the governor May 31, 2007. As of publication date, the revisor of statutes had not received notification from the director of the joint budget committee staff regarding the fiscal savings from HB 07-1021. For more information on the effective date see section 5 of this act.

S.B. 07-218 Environmental management permit system - continuation under sunset law - tiered participation - rules. Establishes gold and silver tiers for participation in the environmental management system permit program in the department of public health and environment and prohibits the issuance of permits at the silver level until an applicant has complied with gold or platinum tier requirements. Directs the department to establish by rule criteria for a platinum participation tier, including that the permittee has assisted the department in developing proposals for streamlining environmental requirements and easing the regulatory burden on businesses of environmental compliance.

Extends the automatic termination date of the environmental management system permit program until July 1, 2018, pursuant to the provisions of the sunset law.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

S.B. 07-229 Emergency epidemic preparedness - legislative emergency epidemic response committee - antiviral stockpiles - continuation of operations plans. Creates the legislative emergency epidemic response committee to develop a plan for the response by, and the continuation of operations of, the general assembly and the legislative branch in the event of an epidemic emergency.

Authorizes the department of public health and environment to enter into partnerships with authorized purchasers to purchase stockpiles of antiviral therapies to be used in the event of an epidemic emergency. Establishes criteria for, and limitations on, entities seeking to purchase antiviral therapies through the state. Requires authorization from the U.S. department of health and human services before such purchases are made.

Requires each state department that administers a publicly funded safety net program to develop and submit to the executive director of the department of public health and environment, by July 1, 2008, a plan for its response to, and continuation of, operations in the event of an epidemic emergency. Requires each such department to provide status reports to the health and human services committees of the senate and house of representatives, or their successor committees, by March 1, 2008, and each March 1 thereafter.

Requires each affected department to implement the act without additional state moneys.

APPROVED by Governor May 25, 2007
EFFECTIVE May 25, 2007

S.B. 07-231 Colorado cancer drug repository program - definition - repeal. Expands the definition of "medical device". Repeals the state board of health's rule-making authority to:

         Determine which drugs or medical devices donated to the Colorado cancer drug repository program (program) are safe for redistribution, and instead authorizes a pharmacist to make that determination;

         Establish eligibility criteria for individuals to receive donated cancer drugs and medical devices, and instead requires a health care facility, medical clinic, or pharmacy that participates in the program to establish the criteria.

APPROVED by Governor May 25, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 07-242 Office of health disparities - minority health advisory commission - interagency health disparities council - creation. Creates the office of health disparities in the department of public health and environment. Specifies the powers and duties of the office, including administering the health disparities grant program and eliminating racial, ethnic, and rural health disparities in Colorado by fostering systems change and collaboration and education with multiple sectors impacting minority health with input from multicultural representatives. Creates the minority health advisory commission and the interagency health disparities leadership council.

APPROVED by Governor May 15, 2007
EFFECTIVE May 15, 2007

H.B. 07-1022 Rural health care needs - local access to health care pilot program - county practitioner rural recruitment, medical equipment, and family mental health services grant programs. Makes legislative declarations concerning the inability of the health care system to meet the health care demands in rural Colorado and the need to address rural health care shortages and inadequacies through various measures. In furtherance of said legislative declarations, establishes the following programs:

Local access to health care pilot program. Authorizes the board of county commissioners of Pueblo county (Pueblo county board) to create a local access to health care pilot program (pilot program) to provide access to health care services to individuals employed by Pueblo employers. Allows the Pueblo county board to contract with a nonprofit corporation (contractor) to operate the pilot program and directly or indirectly deliver services to eligible individuals and their families.

Requires the board of directors of the contractor to submit an annual report to the Pueblo county board regarding the individuals served by the pilot program, the cost of providing services to those individuals, the source of funds for the payment of the services, and a certified financial statement detailing the revenues, expenditures, and other financial information related to the operation of the pilot program. Precludes the division of insurance from exercising any oversight over the pilot program, except with regard to the pilot program's financial information.

Repeals the pilot program on July 1, 2012. By March 15, 2012, requires the Pueblo county board and the contractor's board of directors to submit a report to the general assembly regarding the activities of the pilot program and assessing whether the pilot program has been successful.

County practitioner rural recruitment grant program. For the fiscal year beginning July 1, 2008, creates the county practitioner rural recruitment grant program in the department of public health and environment (department) to award grants to councils of governments containing rural areas to be used to aid in the recruitment of physicians, nurses, and nurse practitioners to rural areas. Requires the state board of health to develop criteria to be used by the department in awarding grants. Precludes implementation of the grant program until sufficient moneys have been received by the department through gifts, grants, and donations. Requires the department, as part of its annual budget request, to submit a report to the joint budget committee of the general assembly regarding the activities of the grant program. Repeals the grant program on July 1, 2010.

Medical equipment for rural communities grant program. For the fiscal year beginning July 1, 2008, creates the medical equipment for rural communities grant program, administered by the department of public health and environment in cooperation with the state board of health, to provide matching grants to rural health care providers for the purchase of medical equipment. Precludes implementation of the grant program until sufficient moneys have been received by the department through gifts, grants, and donations. Requires the department, as part of its annual budget request, to submit a report to the joint budget committee of the general assembly regarding the activities of the grant program. Repeals the grant program on July 1, 2010.

Family mental health services grant program. For the fiscal year beginning July 1, 2008, creates the family mental health services grant program, administered by the state board of health in cooperation with the division of mental health services in the department of human services, to award grant moneys to community mental health centers serving rural areas for purposes of providing family mental health services in rural areas. Precludes implementation of the grant program until sufficient moneys have been received by the division of mental health services through gifts, grants, and donations. Requires the department of human services, as part of its annual budget request, to submit a report to the joint budget committee of the general assembly regarding the activities of the grant program. Repeals the grant program on July 1, 2010.

APPROVED by Governor June 4, 2007
PORTIONS EFFECTIVE June 1, 2007
PORTIONS EFFECTIVE July 1, 2008

H.B. 07-1131 Hemodialysis technicians - credentialing - department of public health and environment oversight - state board of health rules - termination of oversight under sunset law - appropriation. Requires the state board of health (state board), by January 1, 2008, to adopt rules to establish a process, as part of the department of public health and environment's (department's) licensing of dialysis treatment clinics, to verify that persons performing the duties of a hemodialysis technician at or for a dialysis treatment clinic have been credentialed by a national credentialing program. Allows the state board, as part of the rules, to establish fees to be assessed against dialysis treatment clinics to cover the department's administrative costs in implementing the act.

On and after January 1, 2009, prohibits a person from acting as or performing the duties and functions of a hemodialysis technician and prohibits a dialysis treatment clinic from allowing a person to perform the duties and functions of a hemodialysis technician at or for the clinic unless the person has been credentialed by a national credentialing program and is under the supervision of a physician or a registered nurse experienced or trained in dialysis treatment. Conditions licensure of a dialysis treatment clinic by the department on compliance with this requirement.

Exempts the following persons from the prohibition against performing hemodialysis technician functions:

         A person who provides dialysis care to himself or herself or in-home, gratuitous dialysis care provided by a family member or friend;

         A person participating in a hemodialysis technician training program who is under the direct, on-site supervision of a physician or registered nurse trained or experienced in dialysis treatment and who receives his or her credentials within 18 months after enrolling in the training program.

Requires a dialysis treatment clinic to post a notice in its facility specifying that it is regulated by the department and to inform consumers, either through a public notice or written materials, of the method by which they may provide feedback to the clinic or the department.

Sunsets the requirements of the act on July 1, 2012, and requires a sunset review of the functions of the state board and the department regarding hemodialysis technicians to determine whether the general assembly should continue those functions.

Appropriates $5,862 to the department for implementation of the act.

APPROVED by Governor May 31, 2007
EFFECTIVE July 1, 2007

H.B. 07-1196 Clean indoor air - exemptions - assisted living facilities. Creates an exemption from the "Colorado Clean Indoor Air Act" for those areas of assisted living facilities that are designated for smoking by residents, that are fully enclosed and ventilated, and to which access is restricted to the residents or their guests. Defines "assisted living facility" to mean a nursing facility and an assisted living residence.

APPROVED by Governor April 9, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1197 Water quality - storm water permit - county enforcement. If a county is the permittee of a municipal separate storm sewer system permit, allows the board of county commissioners to adopt a storm water ordinance to develop, implement, and enforce the storm water management program required by the permit. Allows the county to compel the abatement of any condition that causes or contributes to a violation of the permit from any property located within the unincorporated portion of the county. Specifies that, if the property owner refuses to perform the abatement, the county can do so and may place a lien on the property for the costs of the abatement. Requires the county or district courts to issue an administrative entry and seizure warrant to the property owner upon the county's presentation of proper evidence.

APPROVED by Governor April 9, 2007
EFFECTIVE April 9, 2007

H.B. 07-1204 Hospital privileges - podiatrists. Allows a doctor of podiatric medicine to perform inpatient admission histories and physical examinations on patients admitted to a hospital.

APPROVED by Governor April 9, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1213 Colorado health facilities authority - definition of "health institution" - delegation of board powers to authority officers - participation in board meetings by telecommunications device - consistency of criteria for financing and refinancing - use of fees assessed by authority - investment of bond proceeds and authority funds - deadline for filing annual audit report. Makes technical and substantive revisions to the "Colorado Health Facilities Authority Act" as follows:

         Specifies that costs of health facilities financed under the act are to include necessary and incidental expenses that are permitted under applicable federal tax law.

         Modifies the definition of a "health institution" to include a health institution that manages a health facility.

         Eliminates the requirement that a health institution be engaged in a financing or refinancing on behalf of a health facility located in Colorado if such health institution manages or operates a health facility in Colorado.

         Allows the board of directors (board) of the Colorado health facilities authority (authority) to delegate powers and duties to an officer, other than the executive or associate executive director, designated by the board by resolution, and requires the designated officer to post a surety bond.

         Allows board members to participate at any meeting of the board by telecommunications devices.

         Makes the criteria for financing and refinancing consistent.

         Clarifies the purposes for which fees assessed by the authority may be used.

         Authorizes the authority to invest bond proceeds and the authority's funds in securities and investments specified by board resolution that are rated within one of the 3 highest rating categories by a nationally recognized rating agency.

         Aligns the filing of the authority's annual audit report with the authority's fiscal year.

         Updates antiquated and technical language in the act.

APPROVED by Governor April 9, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1221 State board of health - rules - fee schedule - appropriation. Authorizes the state board of health to adopt rules establishing a schedule of fees sufficient to cover the costs of the department of public health and environment (department) in administering and enforcing laws governing health facilities. Requires the fee schedule to take into account other funding sources available to the department to cover its expenses.

Appropriates $481,925 and 5.7 FTE from the health facilities general licensure cash fund and $76,000 from the general fund to allow the department to automate its process for licensing health facilities, to improve its oversight of hospitals and ambulatory surgical centers, and to modify its rules as necessary.

APPROVED by Governor May 17, 2007
EFFECTIVE May 17, 2007

H.B. 07-1259 Air ambulance services - regulation by department of public health and environment - completion of accreditation process as license prerequisite - conditional license. Requires all air ambulance services to be licensed by the Colorado department of public health and environment (department) prior to engaging in air ambulance operations in this state. Allows the department to issue a conditional license to an air ambulance service that has not yet obtained, but is working toward, its accreditation through the commission on accreditation of medical transport systems (CAMTS). Revokes the conditional license of an air ambulance service that has not successfully completed the CAMTS accreditation process within 2 years, and requires the air ambulance service to complete the accreditation process prior to issuance of any other license.

Allows the department to authorize an unlicensed air ambulance service to provide a particular transport upon a showing of exigent circumstances, as defined by rules of the state board of health.

APPROVED by Governor April 2, 2007
EFFECTIVE April 2, 2007

H.B. 07-1269 Tobacco - statewide indoor smoking ban - casino exemption - repeal. Repeals the casino exemption from the "Colorado Clean Indoor Air Act".

APPROVED by Governor June 1, 2007
EFFECTIVE January 1, 2008

H.B. 07-1283 State board of health - machine sources of ionizing radiation - inspections - frequency - rules. Allows the state board of health to specify, by rule, the frequency of inspections for all machine sources of ionizing radiation.

APPROVED by Governor April 16, 2007
EFFECTIVE April 16, 2007

H.B. 07-1294 Emergency medical technician certification - use of name-based criminal history record check. Permits the use of a name-based criminal history record check after an emergency medical technician who must submit to a fingerprint-based criminal history record check for certification has twice submitted his or her fingerprints and the fingerprints are unclassifiable.

APPROVED by Governor April 26, 2007
EFFECTIVE April 26, 2007

H.B. 07-1301 Medicaid - cervical cancer immunization program - public awareness campaign - medical assistance program - health insurance - appropriation. Establishes the cervical cancer immunization program ("program") to immunize female minors and women against cervical cancer. Directs the department of public health and environment ("department") to investigate ways of making cervical cancer vaccines available. Authorizes the state board of health to adopt rules to assist the department in making the vaccines available.

Encourages federally qualified health centers to contract with local public health agencies to administer vaccinations to under-insured female minors, and authorizes local public health agencies to administer vaccinations to under-insured female minors. Directs the department to pay a local public health agency's costs for administering cervical cancer vaccinations to under-insured female minors.

Establishes the cervical cancer immunization awareness campaign fund ("fund") for the program for the purposes of conducting, on or after January 1, 2008, a public awareness campaign on cervical cancer immunization and the benefits, disadvantages, and possible side effects of receiving the cervical cancer immunization. Provides that, if the department has received $800,000 or more in gifts, grants, or donations for the fund by January 1, 2008, $100,000 will be transferred from the Colorado immunization fund for the program on January 15, 2008, and $100,000 will be transferred on or after July 1, 2008.

Adds cervical cancer immunization as a benefit under medicaid.

Mandates that certain health insurance policies provide coverage for cervical cancer vaccinations.

Appropriates $42,600 to the department from the Colorado immunization fund for allocation to the program. Appropriates $225,000 to the department from any gifts, grants, or donations received by the department for the fund. Adjusts appropriations made in Senate Bill 07-097 to reflect provisions of the act.

APPROVED by Governor May 29, 2007
EFFECTIVE May 29, 2007

H.B. 07-1321 Wholesale food manufacturers - regulation - appropriation. Continues the regulation of wholesale food manufacturers by the department of public health and environment through July 1, 2017.

Appropriates $174,932 and 1.5 FTE to the department for allocation to the consumer protection division for the implementation of the act.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

H.B. 07-1328 Water quality - educational programs - storm run-off. Allows the department of public health and environment to create educational programs concerning water quality problems from storm run-off.

APPROVED by Governor May 25, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1329 Water quality control permits - fees - appropriation. Modifies fees for issuance or revision of water quality control discharge permits.

Establishes review fees for wastewater site applications and wastewater design review, annual fees for wastewater reuse authorizations, and a fee for service for individual sewage disposal systems. Establishes annual fees for a supplier of drinking water based on the size and nature of the supplier's public water systems.

Appropriates $506,291 and 4.0 FTE to the department of public health and environment for implementation of the act. Amends the 2007 general appropriations act by reducing the appropriation to the department from the general fund by $18,260.

APPROVED by Governor May 30, 2007
EFFECTIVE July 1, 2007

H.B. 07-1347 Immunization registry - department powers - expansion and access. In order to expand the immunization registry and increase access to immunizations, authorizes the department of public health and environment (department) to address:

         Mechanisms for maximizing federal funds to purchase, distribute, and deliver vaccines;

         Methods to reduce the administrative burdens of providing immunizations to individuals in Colorado;

         Options for Colorado to more effectively purchase, distribute, and deliver vaccines to underinsured and uninsured individuals;

         Options for the most cost-effective use of funds;

         Pursuit of private and public partnerships for funding for the immunization registry; and

         Methods for implementing the findings of the department.

Authorizes the department of public health and environment to establish a comprehensive immunization tracking system to include all persons in Colorado who voluntarily participate in the system. Requires records in the system to be confidential except under specific circumstances. Makes the unauthorized release or the sale of confidential immunization records a class 1 misdemeanor. Subjects a business entity that sells such records to a civil penalty.

Allows an individual or parent or guardian of an individual to exclude immunization information from the comprehensive immunization tracking system.

APPROVED by Governor April 26, 2007
EFFECTIVE April 26, 2007

H.B. 07-1357 Hazardous waste - hazardous substance response fund - hazardous waste site cleanup - litigation cost recoveries - appropriation. Repeals the cap on the amount of moneys in the hazardous substance response fund that may be used to finance litigation related to hazardous waste site cleanup. Repeals the requirement that moneys awarded to reimburse state general fund costs associated with certain litigation under federal law be repaid first to the natural resource damage recovery fund up to a specified amount, then to the general fund, and instead requires natural resource damage assessment or other cost recoveries, including litigation cost and fee recoveries, to be credited to the fund from which the costs were originally paid, to the extent permitted by law and consistent with a final court order or decree.

Appropriates $2,661,667 to the water and natural resources section of the department of law from the hazardous substance response fund for natural resource damage claims at the Rocky mountain arsenal. Reduces by the same amount a general-fund appropriation in the 2007 general appropriations act.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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