Bill Tracker

This bill requires the Department of Human Services (DHS) to reimburse county departments of human services for the cost of sending 15 to 20 year olds in their custody to a driver’s education course so that they are able to obtain a learner's permit.  Bill requires an appropriation of $54,180 to CDHS in FY21-22.  The bill was first heard in the House Transportation & Local Government Committee where it passed unanimously on March 2.  It has since been passed by the House Finance Committee (9-2) and most recently the House Appropriations Committee where it passed unanimously on April 5.  The bill passed second reading in the House on April 7. 

Bill creates the Foster Youth in Transition Program within CDHS to be implemented in the county depts of human or social services throughout Colorado.

Program allows eligible foster youth to voluntarily continue to receive child welfare services through the month in which they turn 21.

Those eligible include youth age 18-21 who are in or have been in foster care, are completing secondary education or attending institution that provides postsecondary education or vocation education; working part or full time, or participating in a program or activity designed to promote employment or remove barriers to employment.

Participating youth retain all the rights and responsibilities that individuals would normally have based on their age.

Supports provided include assistance enrolling in Medicaid, assistance securing appropriate housing, case management services (roadmap to success, employment counseling services, information on obtaining critical documents, information about relatives and siblings if available and appropriate).

Requires court conduct a periodic review of the youth’s case every 6 months to ensure services are being received that will help youth move toward a successful transition to adulthood.

Bill also creates the Foster Youth Successful Transition to Adulthood grant program which is intended support or create programs that support eligible youth in their transition.  Fund consists of money allocated by the General Assembly.

Department is required to promulgate rules for implementation of the program.

The bill was passed by the House Public and Behavioral Health & Human Services Committee on a 11-0 vote with two minor amendments and will be heard next in the Appropriations Committee.  All those who spoke were strongly in favor of the bill and many who testified reiterated the amount of time—years—that have gone into the creation of this bill.  No one spoke in opposition.

Removes barriers for licensing by requiring that family child care homes be classified as residences for purposes of licensure and local regulations, including zoning, land use development, fire and life safety, and building codes. The bill also adds a provision stating that whenever the state department of human services reviews and rewrites its rules concerning child care agencies or facilities, it shall seek advice from the department of public safety when such rules relate to specific types of child care agencies or facilities.

HB 1304, Early Childhood System, was introduced on May 5, was passed by the House Education Committee on May 13, and is scheduled for a hearing in House Appropriations on May 21.  The bill would create a new department of early childhood with the intent to establish a unified early childhood system in Colorado through a more coordinated approach to services and funding.  It also creates a working group designed to guide the transition and make recommendations regarding Colorado’s new universal pre-K program beginning in the 2023-24 school year.  

Bill would move the Early Childhood Leadership Commission into the new department as of July 1, 2022 and requires coordination with Dept of Ed, DHS, and CDPHE  regarding transition of existing services into the new department.

Requires the Governor’s office to submit the approved plan to the JBC with the related budget request by November 15 as part of the Governor’s 2022 budget request.

The working group must consider the extent to which existing early childhood programs are available and used by the populations they are intended to serve and provide information on groups of children that have historically encountered barriers to school readiness.

The transition plan must include recommendations on governance and structure of the new dept, mission and vision, including guiding values and principles, fiscal structure for the new dept, and services and programs to be administered, alignment and coordination of funding, and timeline for transition.

HB  1311 was introduced on May 10, was passed by the House Finance Committee on May 14, and is scheduled for a hearing in House Appropriations on May 18.  The bill aims to generate approximately $375 million in state revenue by eliminating certain tax credits for businesses and top earners with incomes over $400,000 while increasing the earned income tax credit to 20 percent of the federal EITC and funding the child tax credit for single income tax filers with an income less than $75,000 and joint income tax filers with income less than $85,000.  The bill also lowers the eligibility age to claim the EITC from 25 to 19.

The bill repeals the requirement that juveniles pay certain court-related fees, costs, and surcharges, including: 

• cost of care fees;
• prosecution costs (if the juvenile is in juvenile court);
• public defender application processing fees;
• a court reimbursement for attorney appointment when a parent is determined not to be indigent;
• the crime victim’s compensation surcharge;
• the victims and witness assistance and law enforcement surcharge;
• the sex offender surcharge;
• fees related to genetic testing;
• time payment fees and late penalty fees;
• the restorative justice surcharge;
• fees related to a suitability assessment and restorative justice practices (juveniles may be charged this fee by a program, but it cannot be ordered to be paid by the court order);
• surcharges related to driving under the influence and other similar offenses; and
• fees related to community or public service.

No appropriation is required; however, the General Assembly may appropriate funds to backfill lost revenue. 

Bill creates the Reproductive Health Care Program within the Department of Health Care Policy & Financing to provide contraption and counseling services to program participants regardless of citizenship or immigration status.

Bill documents the need for the program citing the fact that approximately half of unintended pregnancies are among people not using contraception, with 50% of Latina pregnancies being unintended and Latina youth experiencing unintended pregnancies at about twice the rate of their white counterparts.  In CO, the Latinx population have the highest rates of being uninsured at 27% of the state’s population.

Eligible individuals include those who are eligible to enroll in the Medical Assistance Program.  Department shall provide contraceptive methods and counseling services to participants without imposing any cost-sharing requirements. Program shall provide participants with a 12-month supply of contraceptives, unless participant requests a shorter supply.

Requires Department, beginning in FY 23-24, to report on the cost-effectiveness of the programs, including cost savings realized due to avoided unintended pregnancies, including avoided hospital costs.

COLOR is the main advocate behind this bill.

Update: Bill was heard in the Senate Health & Human Services Committee on March 24 and was passed on a vote of 5-2.  Kirkmeyer claims CDHS is actively trying to undermine this bill with false projectiosn about the number of children that would be cut off under the formula established via this legislation.  Committee was concerned about these allegations.  DHS says their intent was not to undermine and communication with bill sponsor could have been better.  Regardless, CDHS does not believe the utilization factor set forth in the bill is appropriate.  CDHS says real issue is that they do not have enough money to serve all eligible families.   Kirkmeyer says utilization factor is optional.   Agrees that more money is needed but allocation formula needs to be updated.  Some members of committee cited more local control under bill as a positive (Jaquez Lewis). 

Bill Summary:  The bill makes distribution changes to county block grants under CCCAP.  Requires DHS to consider each county's prvious program utilization when determining annual block grant distributions to CCCAP.  (Allows the state department of human services, along with the child care allocation workgroup, to consider a utilization factor. This utilization factor is the volume of the eligible population and the service delivery cost to each county when allocating and distributing money for the Colorado child care assistance program (CCCAP).) The bill further allows a county department to set its own eligibility levels for CCCAP, based on a percentage of the federal poverty level.

The TPC coordinator emailed Bill Jaeger with the Colorado’s Children Campaign and they have significant concerns.  CCC is opposing the bill.  Most other lobbyists on record are monitoring, including Florence Crittenton.  There is some talk that the Office of Early Childhood and CDHS may be taking an “opposed” position to the bill and will be circulating some reasons at some point. There is concern that it comes down to how the state can ensure that we aren’t going back to significant inequities in the allocation of resources where some communities can serve many more children than others.

Update: Bill was heard in the Senate Health & Human Services Committee on March 24 and was passed on a vote of 4-3.  The vast majority of testimony provided was in opposition to the bill with concerns voiced about violation of parental rights (re provision allowing minors to consent to treatment without parental consent) and convern or forced or uninformed vaccinations (based on federal definition of preventative care included in the ACA) stemming from minors agreeing to vaccinations that their parents may oppose or reject based on medical concerns.   Planned Parenthood provided testimony in support of the bill.  The bill now awaits a hearing in Appropriations. 

Bill Summary: The bill codifies a number of preventive health care services currently required to be covered by health insurance carriers as part of the federal Patient Protection and Affordable Care Act and adds them to the current list of services required to be covered by Colorado health insurance carriers, which services are not subject to policy deductibles, copayments, or coinsurance.

The bill expands certain preventive health care services to include osteoporosis screening; urinary incontinence screening; and counseling, prevention, screening, and treatment of a sexually transmitted infection (STI).  Supporters of the bill include Florence Crittenton, CCC, COLOR, PPRM, and the CO Association of School-Based Health Clinics.

Current law requires a health care provider or facility to perform a diagnostic exam for an STI and subsequently treat the STI at the request of a minor patient. The bill allows a health care provider to administer, dispense, or prescribe preventive measures or medications where applicable. The consent of a parent is not a prerequisite for a minor to receive preventive care, but a health care provider shall counsel the minor on the importance of bringing the minor's parent or legal guardian into the minor's confidence regarding the services. Current law requires department of health care policy and financing to authorize reimbursement for medical or diagnostic services provided by a certified family planning clinic.

The bill removes the requirement that services be provided by a certified family planning clinic and authorizes reimbursement for family planning services and family-planning-related services provided by any licensed health care provider.

The bill requires the department of health care policy and financing to seek federal authorization through an amendment to the state medical assistance plan to provide family planning services to individuals who are not pregnant and whose income does not exceed 250% of the federal poverty level.

Background from Family Planning Legislation Fact Sheet: This bill would expand Medicaid coverage for family planning services to people who lack coverage and are just above the Medicaid eligibility income limit, by bringing federal dollars into Colorado. The majority of states have taken up this option.

Other supporters of this bill include CCC, COLOR, PPRM, and the CO Association of School-Based Health Care.

The federal government covers 90 percent of family planning costs, compared to 50 percent for perinatal care and births. Various studies have found that these programs prevent unintended pregnancies and save money for federal and state governments. This proposal would direct the Department of Health Care Policy and Financing to adopt a state plan amendment to increase income eligibility limits for family planning services up to 260 percent of the Federal Poverty Level – aligning with CHIP eligibility limits for pregnant people.

The Colorado Children’s Campaign is leading this effort.

Bill requires the Dept of Public Health & Environment to select one or more nonprofit organizations to administer diaper distribution centers to provide diapering essentials, which includes diapers, wipes, and diaper creams. 

Bill documents need for this program citing fact that one in three families reported needing diapering essentials, with need increasing amid the COVID pandemic.  Of the 202,608 children under 3 in CO, over 67,000 experienced diapering essentials needs. More specifically, CO diaper banks have reported a four-fold increase in the need for diapering essentials in the pandemic.

Need is further illustrated through findings from the National Diaper Bank Network that it costs $80 per month to diaper a child, supplies which cannot be purchased with SNAP or WIC.

Bill would take effect upon the signature of the Governor and no later than 45 days later, the Dept. must select the nonprofit organizations to administer the diaper distribution centers. Centers shall be operational no more than 60 days after the Department’s selection.

Bill requires Department to submit a report in FY 22-23 reporting on number of people served.

Requires a $2 million appropriation from the General Fund for FY 21-22 and FY 22-23.  Funding required is based on an assumption that the state will award 12 contracts statewide, 8 of which must be in rural areas.

This bill implements the recommendations of the department of regulatory agencies' sunset review including to continue the registration requirements for 7 years, until September 1, 2028; authorize direct-entry midwives to administer group B streptococcus (GBS) prophylaxis; add licensed birth centers to the locations where a direct-entry midwife may practice; and require the director of the division of professions and occupations to develop policies regarding direct-entry midwives in training.

The bill also specifies that a direct-entry midwife who is granted additional authority is not required to apply for renewal of that authority or pay any renewal fees for the authority; and removes the requirement that a direct-entry midwife report certain data at the time of registration renewal.

• Bill amends the high school innovative learning pilot program (ILOP) that authorized school districts, charters, and institute charters to count as full-time students high schools students participating in innovative learning opportunities regardless of whether they meet the number of teacher-pupil instruction and contact hours for full time enrollment. Allows a school of a school district to participate in an ILOP with a district or independently.
• Bill creates the fourth-year innovation pilot program (pilot program) in the Dept of Higher Education to disburse state funding to postsecondary education and training programs on behalf of low-income students who graduate early from a high school participating in the pilot program prior to enrolling in their 4th year of high school or prior to enrolling in their second semester of their 4th year of high school.
• To participate in the program a local education provider or group of local education providers must apply to the Department. A school of a school district may participate as part of a school district or independently.   Applicants must provide a description of the innovative learning plan that they expect to implement including how the plan benefits underserved students.
• In selecting applicants to participate in the pilot program, the department and State Board of Ed shall consider whether the innovative learning plan includes opportunities for students to participate in registered or unregistered apprenticeships, internships, technical training, or skills programs through an industry provider, teacher training opportunities, concurrent enrollment, and programs leading to industry recognized certificates.
• In recommending and selecting the local providers to participate in the pilot program, the State Board of Ed and the Department must consider the quality of the innovative learning plan and the likelihood that it will result in meaningful innovative learning opportunities for students that support  them in their transition from high school.
• Low-income students who graduate early from a high school participating in the pilot program will be awarded state funding through the fourth-year innovation pilot program to be used to pursue career and postsecondary training and education after high school.
• Eligible graduates are low-income students (free or reduced lunch eligible).
• Eligible graduates graduating prior to the graduate’s 4th year of high school shall receive the greater of 75% of an amount equal to the average state share of the state average per-pupil revenues for the applicable budget year or $3500.
• Eligible graduates graduating prior to the second semester of their fourth year of high school shall receive 45% of an amount equal to the average state share of the state average per-pupil revenues for the applicable budget year or $2000.
• The local education provider (from which the eligible graduate graduated early) shall receive 25% of the average state share of the state average per-pupil revenues for the applicable budget year.
• The purpose of the program is to provide state funding to low-income student who graduate early from a high school participating in the pilot program.
• To receive funding under the pilot program, the graduate must commence a postsecondary program in Colorado prior to the eligible gradate reaching 21 years of age.
• The Department shall disburse state funding on behalf of the eligible graduate to the graduate’s post secondary program within 30 business days after a request is made, pursuant to rules and Department guidelines.
• State funding received pursuant to pilot program must be used for tuition, fees, books, transportation, and other expenses associated with the eligible graduate’s cost of attendance.
• The State Board of Ed selects pilot program participants which should include a mix of urban, suburban, and rural local education providers.

Bill Summary:  Ensures that malpractice insurance policies do not discriminate against vaginal birth after cesarean; Increase the statute of limitations for informed consent violations; Amend the advance directives law so that pregnant people aren’t excluded; Require facilities to meet minimum standards for the care of incarcerated pregnant people during the perinatal period; Create a grievance process through the Colorado Civil Rights Division for mistreatment during the
perinatal period where instances of mistreatment can be collected and reported; Ensures that every birthing person may have adequate support in the birth room or operating room, by client choice, in addition to a spouse; Requires that licensed facilities have policies and procedures that keep the infant and birthing
person/family together to ‘room in’; Ensures families do not face medical interventions without consent; Requires that licensed facilities streamline perinatal transfers from community to hospital birth using best
practices.

Bill Summary: Ensures that all licensed Colorado care providers can be reimbursed by public & private insurance; Streamlines transfers between providers during prenatal/antepartum/postpartum care; Ensures the use of research evidence in policies related to the perinatal period in Colorado, Increases data collection for better insight into disparities by race and ethnicity; Makes data public for increased transparency accountability; Increases Medicaid coverage from 2 months postpartum to one year postpartum; Adds a question to birth certificate worksheets about intended place of birth at onset of labor; Direct-Entry Midwifery Sunset - Continues the Direct-Entry Midwifery program and makes improvements.
that support equity and integration of the model of midwifery care.

SB 236 has several components including:

1. Makes technical amendments to the Child Care Sustainability and Emerging and Expanding Child Care Grant Programs created by HB 20B-1006 during the Special Session that would 1) remove the statutory reference to the size of grants and 2) remove the deadline and repeal dates for the programs 
2. Establishes the “Employer-based Child Care Facility Grant Program” ($8.8M General Fund)
   • This program would provide Colorado employers with money to construct, remodel, renovate, or retrofit a child care center on site or near to the site of the employer’s property to provide licensed child care services to employees.
   • Applicants would need to submit plans that include approval by appropriate health and safety entities, including child care licensing, contribute a financial match, address non-traditional care hours or infant and toddler care, and a financial sustainability plan.
   • Awards will prioritize applicants that serve a high percentage of children eligible for CCCAP, are high quality providers, have plans for a well-compensated staff, that utilize innovative models, and operate in child care deserts.
   • The bill requires CDHS to support programs with various resources and report to the legislature on the outcomes of the program.
3. Establishes the “Early Care and Education Recruitment and Retention Grant and Scholarship Program” based on the strategies advanced in the introduced version of HB 20-1053 ($1.1M CCDF Federal Funds). 
   • The program’s goal is to increase the number of qualified individuals throughout the state and retain educators working in programs serving children five and under. Eligible entities (including nonprofits, licensed ECE programs, and institutions of higher education) may receive funds to increase the number and retain early childhood educators (defined as those who hold a professional credential or qualification) serving children five years of age or younger.
   • Eligible expenditures include administration, tuition, fees, and materials that lead to a degree or credential or qualification to teach or lead to a coaching, trainer, or mentorship credential, covering paid release time to allow individuals to pursue training, support for “grow-your-own” programs that let parents, staff, or community members to become qualified, promoting coaches and mentors, raises, bonuses, financial incentives, and loan forgiveness to reward progress and retain educators, and paying for apprenticeship programs.
4. Establish the “Child Care Teacher Salary Grant Program” to allow eligible entities to apply for funds to increase the salaries of early childhood educators. The program is targeted to centers and homes that have an authorization to serve children with a child care subsidy and are at least a level 3 in Colorado Shines. Programs can access funding to increase salaries of early childhood educators. ($3M CCDF Federal Funds)
5. Establishes the “CIRCLE (Community Innovation and Resilience for Care and Learning Equity) Grant Program.” ($16.8M Federal CRRSA funds)) The goal of the program is to address systemic challenges for early care and learning providers that have worsened as a result of COVID-19 and to prompt innovation to improve outcomes for children and families. Eligible entities include child care centers or homes eligible to receive CCDBG funding, Early Childhood Councils, and other community-based or education-based or government agency approved by CDHS. Allowed uses of funds include increasing affordability for children not served by CCCAP via tuition subsidies, public-private partnerships, employer cost-sharing; increasing access to infant and toddler care; strengthening business practices; promoting equitable access for children, including those with special needs; or other approaches to support transitions, workforce preparation, affordability, outcomes or innovations.

This bill creates the meanstrual hygiene products accessibility grant program in the CO Department of Education to provide awards to eligible, local education providers to provide menstrual products at no charge to students.  Eligible education providers include schools in which at least 50% of enrolled students are free or reduced lunch eligible.

The bill was introduced on April 29 and has been assigned to the Senate Education Committee.  The fiscal note is not yet available. 

Bill creates a cash fund and transfers federal funding the state receives pursuant to the American Rescue Plan Act. Requires the state treasurer to transfer $3.4 billion to the ARPA fund.  Recover funds must be expended or obligated by 2024 and obligated funds must be spent by 2026.  Any unspent or unobligated funds remaining by Dec. 2024 will be transferred to the state Unemployment Compensation Fund.  Allocations will be held in the fund until transferred by separate legislation.  Planned allocations include:

• • $1 billion to strengthen the state budget
  • $300 million for ongoing COVID response
  • $400 million for affordable housing and efforts to promote home ownership
  • $400 million toward behavioral health programs
  • $800 million for economic recovery and relief
  • $400 million for transportation infrastructure, parks and agriculture