public benefits - CBA CLE Legal Connection

Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

May 17, 2013 by Susan Hoyt Leave a Comment

Governor Hickenlooper continues to sign legislation as it crosses his desk. To date, he has signed an impressive 240 pieces of legislation into law. He is expected to sign more bills in the coming days and weeks.

On Tuesday, May 14, 2013, Governor Hickenlooper signed five bills. They are summarized here.

SB 13-220 - Concerning Adding Emergency Medical Service Providers to the List of Persons Who Must Report Possible Instances of Child Abuse, by Sen. Jeanne Nicholson and Rep. Rhonda Fields. The bill adds all emergency service providers, even volunteers, to the list of mandatory reporters of suspected child abuse and neglect.
SB 13-231 - Concerning the Creation of the Title IV-E Waiver Demonstration Project, by the Joint Budget Committee. The bill addresses the Social Security Title IV-E waiver program for low-income children, and allocates funds to counties that participate in the waiver demonstration project.
SB 13-255 - Concerning Child Fatality Review Teams and Increasing the Capacity and Resources, Clarifying the Responsibilities and Processes of State and Local Child Fatality Review Teams in the Departments of Public Health and Environment and Human Services, and Making an Appropriation, by Sens. John Kefalas and Linda Newell and Reps. Jenise May and Jonathan Singer. The bill requires local public health agencies to develop child fatality review teams by January 1, 2015, and to investigate fatalities of children aged 17 and under.
HB 13-1259 - Concerning Court Orders in Civil Actions for Persons At Risk of Abuse or Neglect and Procedures for Allocating Parental Rights and Responsibilities in the Best Interests of the Child in Cases Involving Child Abuse and Neglect and Domestic Violence; Provisions Relating to Parenting Time Orders; Provisions Relating to Parenting Time Evaluations and Reports; Amending and Relocating Provisions Relating to Civil Protection Orders; and Making an Appropriation, by Rep. Beth McCann and Sen. Linda Newell. The bill changes procedures for allocation of parental rights and responsibilities in actions involving child abuse or domestic violence, and also changes many provisions regarding civil protection orders.
HB 13-1271 - Concerning Methods to Respond to Initial Contacts to a Child Abuse Reporting Hotline System and Authorizing the State Board of Human Services to Adopt Rules Governing the Hotline System, Providing Consistent Practices in Response to Contacts and to Reports of Known or Suspected Child Abuse or Neglect, and Making an Appropriation, by Reps. Jonathan Singer and Jenise May and Sens. Linda Newell and Jeanne Nicholson. The bill requires the Department of Human Services to develop a steering committee to implement a statewide child abuse reporting hotline. The hotline is expected to be operational and publicized by January 1, 2015.

Governor Hickenlooper also signed 12 bills on Wednesday, May 15, and Thursday, May 16, 2013. Five of the bills are summarized here.

SB 13-111 - Concerning Abuse of At-Risk Adults and Making an Appropriation, by Sen. Evie Hudak and Reps. Sue Schafer and Amy Stephens. The bill establishes a new class of protection by Adult Protective Services for “at-risk elders.” It also requires mandatory reporters to report suspected abuse of at-risk elders within 24 hours of discovering the abuse.
SB 13-266 - Concerning a Request for Proposals Process to Create a Coordinated Behavioral Health Crisis Response System for Communities Throughout the State, by Sens. Irene Aguilar and Jeanne Nicholson and Reps. Tracy Kraft-Tharp and Dave Young. The bill directs the Department of Human Services to request proposals for the creation of a behavioral health crisis response system.
HB 13-1044 - Concerning the Authorization of the Use of Graywater, by Rep. Randy Fischer and Sen. Gail Schwartz. The bill authorizes the Water Quality Control Commission to create standards for the use of graywater.
HB 13-1138 - Concerning Benefit Corporations and Making an Appropriation, by Rep. Pete Lee and Sen. John Kefalas. The bill authorizes benefit corporations, and establishes requirements for companies to be created as or elect to be treated as public benefit corporations.
HB 13-1296 - Concerning Civil Commitment Statutes and Creating the Civil Commitment Statute Review Task Force, Redefining Certain Terms Related to Civil Commitment, and Making an Appropriation, by Reps. Beth McCann and Tracy Kraft-Tharp and Sen. Linda Newell. The bill creates a task force to review the civil commitment statutes and prepare recommendations regarding consolidation of civil commitment statutes related to mental health, alcohol, and substance abuse disorders.

It’s not over yet—stay tuned for the latest legislative decisions by Governor Hickenlooper. For a complete list of the bills that have been signed this legislative session, click here.

Filed Under: Legislation Tagged With: benefit corporations, business law, child abuse, Colorado Legislature, domestic relations law, elder law, family law, Governor Hickenlooper, HB 13-1044, HB 13-1138, HB 13-1259, HB 13-1271, HB 13-1296, health law, juvenile law, mental health, protection orders, public benefits, SB 13-111, SB 13-220, SB 13-231, SB 13-255, SB 13-266, water law

SB 13-205: Making the Colorado Medicaid False Claims Act Compliant with Federal Law

March 27, 2013 by CBA-CLE Staff Leave a Comment

On Wednesday, March 13, 2013, Sen. Mary Hodge introduced SB 13-205 – Concerning Revisions to the Colorado Medicaid False Claims Act to Comply with Federal Law. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In order for Colorado to retain a greater percentage of monetary recoveries for fraudulent medicaid claims, the “Colorado Medicaid False Claims Act” (act) must be at least as effective as federal law in rewarding and facilitating qui tam actions for false and fraudulent claims. The bill amends the act to bring the act into compliance with federal law as follows:

Removes specific dollar amounts relating to the penalty and instead references federal law to determine the amount of the penalty and any adjustments to the penalty;

Corrects statutory language as to whom a claim is presented;

Clarifies that the act bars persons other than the state from intervening only in actions brought under this act and not in other actions;

Clarifies that the court does not have jurisdiction under this act against members of the general assembly, state judiciary, or an elected executive branch official if the claim is based upon information or evidence known to the state at the time the action is brought;

Clarifies that a person bringing the action (relator) cannot bring an action based upon allegations or transactions that are the subject of a civil suit or administrative civil money penalty proceeding in which the state is already a party;

Requires the court, with certain exceptions, to dismiss an action that is based upon allegations or transactions publicly disclosed in certain ways, unless the relator is the original source of the information;

Clarifies who can bring an action under the act for retaliation relating to employment and provides the time frame within which an action for retaliation must be brought; and

Amends the definitions of “obligation” and “original source.”

On March 20, the Health & Human Services Committee approved the bill and sent it to the full Senate for consideration on 2nd Reading.

Since this summary, the bill was laid over daily on Second Reading.

Filed Under: Legislation Tagged With: Colorado Legislature, fraud, health law, Medicaid, public benefits, SB 13-205

Tenth Circuit: District Court Lacked Subject Matter Jurisdiction Because Hospice Provider Failed to File Timely Administrative Appeal

February 28, 2013 by Heidi Ray Leave a Comment

The Tenth Circuit published its opinion in Full Life Hospice, LLC v. Sebelius on Friday, February 26, 2013.

Full Life Hospice is a hospice care provider participating in the federal Medicare program. Over a number of years, it provided hospice care services to terminally ill Medicare beneficiaries and sought reimbursement for these services from the Department of Health and Human Services (HHS). A fiscal intermediary, acting on behalf of HHS, contested some of the reimbursements and demanded repayment of funds that it claimed were distributed in excess of a spending cap. Full Life then unsuccessfully challenged the intermediary’s determination through an administrative appeal, which was denied as untimely. On appeal to the district court, the court found no basis to excuse Full Life’s untimely appeal. Full Life appealed.

If a provider such as Full Life “is dissatisfied with a final determination” made by a fiscal intermediary and the amount in controversy exceeds $10,000, the provider can request a hearing on the matter with the Provider Reimbursement Review Board (the Board). 42 U.S.C. § 1395oo(a)(1)(A)(i), (a)(2). A provider is required to file a request for such a hearing with the Board “within 180 days after notice of the intermediary’s final determination.” Id. § 1395oo(a)(3). Under limited circumstances, the Board can extend the 180-day time period upon a “good cause showing by the provider.” 42 C.F.R. § 405.1836(a).

In this case, Full Life conceded it filed an administrative challenge to the notices more than 180 days after Full Life received the notices from the fiscal intermediary. Accordingly, the Tenth Circuit agreed that the district court lacked subject matter jurisdiction because of Full Life’s failure to file a timely administrative appeal.

Full Life also appealed the district court’s denial of the motion to amend its complaint. However, granting the amendment would have been futile because the amended complaint would have also been subject to dismissal as time-barred under the 180-day rule.

AFFIRMED.

Filed Under: Case Law Tagged With: 10th Circuit, health law, Medicare, public benefits

HB 13-1115: Repealing CoverColorado Pursuant to Changes in Coverage Because of Health Care Reform

February 28, 2013 by CBA-CLE Staff Leave a Comment

On January 18, 2013, Rep. Beth McCann and Sen. Pat Steadman introduced HB 13-1115 - Concerning the Repeal of CoverColorado, and, in Connection Therewith, Terminating Health Care Coverage for All CoverColorado Participants Effective April 1, 2014, as Part of the Transition to Health Insurance Coverage Regardless of Preexisting Medical Conditions under the Federal “Patient Protection and Affordable Care Act.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill recognizes that as a result of the passage of health care reform by the federal government, Colorado residents termed “high risk” for purposes of health insurance coverage will be able to obtain health insurance coverage regardless of preexisting medical conditions. Therefore, there is no reason for the continued existence of the CoverColorado program.

The bill provides for the repeal of CoverColorado, effective March 31, 2015. Prior to the repeal, the bill requires the board of directors of CoverColorado to develop an orderly plan for cessation of the program including:

Cessation of enrollment of new participants for coverage after Dec. 1, 2013;

Termination of health care coverage for existing participants, effective April 1, 2014;

Payment or settlement of claims for covered services and all other outstanding liabilities by Dec. 31, 2014; and

By March 31, 2015, final disposition of all remaining funds in any account of the program.

On February 21, the Health, Insurance & Environment amended the bill and sent it to the Finance Committee for consideration.

Since this summary, the Finance Committee reviewed the bill and sent it unamended to Appropriations.

Filed Under: Legislation Tagged With: Colorado Legislature, HB 13-1115, health law, insurance law, public benefits

SB 13-137: Implementing a Medicaid Fraud Detection System

February 24, 2013 by CBA-CLE Staff Leave a Comment

On Tuesday, January 29, 2013, Sen. Ellen Roberts introduced SB 13-137 – Concerning System Improvements to Prevent Fraud in the Medicaid Program, and, in Connection Therewith, Employing Advanced Data Analytics. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the chief information officer of the office of information technology (office) to design and implement a Medicaid fraud detection system (system) for the purpose of detecting and preventing Medicaid provider and client fraud, waste, and abuse.

The system designed by the chief information officer shall include industry best practices relating to fraud detection and prevention. The chief information officer shall also incorporate emerging strategies and technologies into the system as they become available.

Among other data and information, the system shall utilize Medicaid claims and billing data and information from providers, and state and federal agency data-matching systems.

Utilizing appropriate data-sharing protocols, the bill requires state agencies to provide data and information to the office for purposes of implementing the system.

The bill requires the department of health care policy and financing (state department) to collaborate with the office in the design, implementation, and operation of the system. Consistent with state and federal law concerning data sharing and medicaid records, the state department shall provide necessary data and information to the office concerning medicaid providers and clients.

The state department shall participate in securing funding for the system, as such funding may be available, and shall consider various funding mechanisms for the system. The bill is assigned to the Health & Human Services Committee.

Filed Under: Legislation Tagged With: Colorado Legislature, health law, Medicaid, public benefits, SB 13-137

SB 13-008: Eliminating Three-Month Waiting Period for Eligibility for Children’s Basic Health Plan Benefits

January 17, 2013 by CBA-CLE Staff Leave a Comment

On Wednesday, January 9, 2013, Sen. Linda Newell introduced SB 13-008 – Concerning Elimination of the Waiting Period for Children’s Eligibility Under the Children’s Basic Health Plan. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, a child is eligible for children’s basic health plan benefits if he or she has not been on a comparable health plan with an employer paying at least 50 percent of the cost for at least three months. The bill eliminates this waiting period. Assigned to the Health and Human Services Committee.

Filed Under: Legislation Tagged With: Colorado Legislature, health law, public benefits, SB 13-008

Governor Hickenlooper Finishes Signing Bills Approved This Year by General Assembly

June 15, 2012 by Susan Hoyt Leave a Comment

Governor Hickenlooper’s desk got a little cleaner last week, as he signed the last of the bills approved by the General Assembly during this legislative session. In total, the governor signed 309 bills this year. He also vetoed one bill, allowed one bill to pass into law without his signature, and allowed Lieutenant Governor Joe Garcia to sign one bill.

And, don’t miss our Legislative Wrap-Up CLE Presentation on July 10 to learn how laws passed this legislative session will affect your practice! Details below.

On Wednesday, June 6, 2012, Governor Hickenlooper signed eight bills into law, including a bill designed to modernize the state’s personnel system. That bill and two others are summarized here.

HB 12-1321 – Concerning the State Personnel System, and, in Connection Therewith, Enacting the “Modernization of the State Personnel System Act.”
Sponsored by Reps. Mark Ferrandino and Glenn Vaad and Sens. Mike Johnston and Keith King. The bill establishes a merit pay system to replace the old pay-for-performance system, makes changes regarding separation of state employees, and makes conditional changes to the appointment of state employees.
HB 12-1272 – Concerning Continuation of Enhanced Unemployment Insurance Benefits for Unemployed Individuals Participating in Approved Training Programs, and, in Connection Therewith, Making an Appropriation.
Sponsored by Reps. Crisanta Duran and Robert Ramirez and Sen. Linda Newell. The bill extends enhanced unemployment insurance benefits for unemployed individuals involved in approved training programs until June 30, 2014.
HB 12-1041- Concerning the Creation of an Electronic Death Registration System in the Department of Public Health and Environment and, in Connection Therewith, Making an Appropriation.
Sponsored by Rep. Jeanne Labuda and Sen. Lucia Guzman. The bill creates an electronic system for reporting of death information to counties and provides an alternative to the current paper-based system that requires families to travel to the decedent’s county of death in order to receive a death certificate.

The governor continued his bill signing efforts on Thursday, June 7, 2012, when he signed two bills, including a criminal proceedings omnibus bill and a bill clarifying CORA. These two bills are summarized below.

HB 12-1310 – Concerning Changes to Statutory Provisions Related to Criminal Proceedings, and, in Connection Therewith, Making an Appropriation.
Sponsored by Rep. Bob Gardner and Sen. Morgan Carroll. The bill incorporates several other bills regarding issues of criminal procedure, and affects several areas of criminal law, including sentencing, court proceedings, sex offenses, probation, and parole. It also criminalizes the use of cathinones (bath salts).
HB 12-1036 – Concerning Clarification of the Exemption from the “Colorado Open Records Act” for Investigative Files.
Sponsored by Rep. Jim Kerr and Sen. Betty Boyd. The bill clarifies that the exemption from CORA applies to investigative files for all civil, criminal, and administrative proceedings in Colorado, and also clarifies the security and chain of custody for ballots throughout the election season.

On Friday, June 8, 2012, Governor Hickenlooper signed the last bills of this legislative session. He signed 14 bills on Friday, including two bills that help military families in Colorado, HB 12-1059 and HB 12-1350. Five of the bills Governor Hickenlooper signed Friday are summarized here.

HB 12-1273 – Concerning the Inclusion of Approved Facility Schools Affiliated with a Hospital to the Definition of Child Care Facility for Purposes of the Child Care Contribution Income Tax Credit.
Sponsored by Rep. Dan Pabon and Sen. Pat Steadman. The bill adds schools that are operated by nonprofit hospital facilities for the benefit of their patients to the list of eligible recipients for the state child care contribution tax credit. Facilities would be eligible to receive donations in 2013 but individuals would not be able to claim the credit until 2014.
HB 12S-1002 - Concerning Administration of the Unemployment Insurance Program in Order to Stabilize Unemployment Insurance Rates, and, in Connection Therewith, Facilitating the Issuance of Unemployment Revenue Bonds, Accelerating the Creation of the Division of Unemployment Insurance in the Department of Labor and Employment, and Making Technical Changes to Provisions Enacted as a Part of House Bill 11-1288 to Ensure Appropriate Transition to the New Unemployment Insurance Premium Rate Structure.
Sponsored by Reps. Larry Liston and Dan Pabon and Sen. Cheri Jahn. The bill enables the newly created Division of Unemployment Insurance (UI) to issue revenue bonds on behalf of the UI program. It requires certification from several officials, including the Executive Director of the CDLE, the State Treasurer, and the Governor, regarding the issuance of the revenue bonds.
SB 12-036 – Concerning Parental Consent for the Collection of Information from Students in Schools.
Sponsored by Sen. Shawn Mitchell and Rep. Chris Holbert. The bill requires parental consent when schools gather certain information from students, including social security numbers or information regarding religious affiliation.
SB 12-128 - Concerning Achieving Efficiencies in the Medicaid Long-Term Care Program Through Greater Utilization of Alternative Care Facilities.
Sponsored by Sen. Ellen Roberts and Rep. Ken Summers. The bill authorizes the Department of Health Care Policy and Financing to enhance reimbursements to alternative care facilities for patients transferred from nursing homes and also allows the DHCPF to create a program to identify Medicaid patients who are at risk of long-term nursing home placement and could otherwise utilize alternative care facilities.
HB 12-1110 - Concerning the Regulation of Appraisal Management Companies, and, in Connection Therewith, Making an Appropriation.
Sponsored by Rep. Angela Williams and Sen. Morgan Carroll. The bill redefines the legal meaning of appraisal management companies (AMCs) and creates a licensure process in the Division of Real Estate, including establishing licensure guidelines.

For a complete list of Governor Hickenlooper’s 2012 legislative decisions, click here.

CLE Program: 2012 Legislative Update with Michael Valdez – Tales from Under the Golden Dome

This CLE presentation will take place on Tuesday, July 10. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

Filed Under: Legislation Tagged With: Colorado Open Records Act, criminal law, education law, election law, employment law, HB 12-1036, HB 12-1041, HB 12-1059, HB 12-1110, HB 12-1272, HB 12-1273, HB 12-1310, HB 12-1321, HB 12-1350, HB 12S-1002, insurance law, Medicaid, military law, probate, public benefits, real estate law, SB 12-036, SB 12-128, sentencing, substance abuse, tax law

Governor Hickenlooper Signs More Bills, Including Industrial Hemp Bill

June 6, 2012 by Susan Hoyt Leave a Comment

In the past few weeks, Governor Hickenlooper has continued his efforts to sign bills into law. So far this legislative session, he has signed 278 bills into law.

Governor Hickenlooper traveled to Ft. Collins on May 22, 2012, to sign the following bill:

HB 12-1326 – Concerning Assistance to the Elderly, and, In Connection Therewith, Making an Appropriation.
Sponsored by Rep. Cindy Acree and Sen. John Kefalas. The bill encourages the State Board of Health Services to raise the monhly Old Age Pension amount and also allows seniors with partial Medicaid eligibility to receive dental assistance and transfers funds to the Senior Services Account.

Governor Hickenlooper signed 29 bills into law on Thursday, May 24, 2012, including one that encourages Colorado’s use of clean energy alternatives. Five of the bills signed that day are summarized here.

HB 12-1315 – Concerning the Reorganization of the Governor’s Energy Office and, In Connection Therewith, Making an Appropriation.
Sponsored by Rep. Jon Becker and Sen. Pat Steadman. The bill reorganizes and renames the Governor’s Energy Office and changes its statutory mission. The bill intends to promote clean and renewable energy.
HB 12-1346 – Concerning Sex Offender Registration.
Sponsored by Rep. Bob Gardner and Sen. Steve King. The bill establishes requirements for sex offender registration for individuals who do not have a fixed residence.
HB 12-1328 – Concerning Exclusion from the “Uniform Commercial Credit Code” of Certain Charges by Persons Regularly Engaged in Making Contracts for Purchase of Tangible Personal Property in the Course of Business if Those Charges Do Not Exceed Amounts Permitted by Law.
Sponsored by Rep. Kevin Priola and Sen. Angela Giron. The bill clarifies the appication of the pawnbroker exclusion to the UCCC.
HB 12-1307 – Concerning the Authority of a Nonlawyer Trustee of a Certain Size Trust to Represent the Trust Before the Board of Assessment Appeals.
Sponsored by Rep. Jim Kerr and Sen. Ellen Roberts. The bill authorizes a nonlawyer trustee to represent its trust before the Board of Assessment Appeals if the total size if the trust is less than $3 million.
SB 12-009 – Concerning the Consolidation of Cash Funds Administered by the Division of Water Resources, and, In Connection Therewith, Making and Reducing Appropriations.
Sponsored by Sen. Mary Hodge and Rep. Keith Swerdfeger. The bill creates the water resources cash fund, as recommended by the Water Resources Review Committee, and consolidates it into six branches.

On Tuesday, May 29, 2012, Governor Hickenlooper signed 14 bills into law. Four of them are summarized here.

SB 12-078 – Concerning Protections for At-Risk Adults.
Sponsored by Sen. Evie Hudak and Rep. Sue Schafer. The bill clarifies definitions and modifies requirements regarding the mistreatment, self-neglect, and exploitation of at-risk adults.
HB 12-1237 – Concerning the Records Kept by Unit Owners’ Association of a Common Interest Community.
Sponsored by Rep. Angela Williams and Sen. Ted Harvey. The bill identifies a list of the records required to be kept by a unit owners’ association for a common interest community.
HB 12-1263 – Concerning Reducing Barriers to Employment by State of Colorado Agencies for People with Criminal Records.
Sponsored by Rep. Claire Levy and Sen. Pat Steadman. The bill prohibits state agencies from advertising in employment solicitations that people with criminal backgrounds may not apply, and prevents agencies from doing background checks unless a conditional offer has been given.
HB 12-1293 – Concerning Modifications to Procedures that Govern Recall Elections.
Sponsored by Rep. Nancy Todd and Sen. Keith King. The bill makes various changes and clarifications to the rules governing recall elections.

On Wednesday, May 30, 2012, Governor Hickenlooper signed one bill into law.

HB 12-1278 – Concerning the Authorization of a Study of the South Platte River Alluvial Aquifer, and, In Connection Therewith, Making an Appropriation.
Sponsored by Rep. Randy Fischer and Sen. Scott Renfroe. The bill requires the CWCB in connection with the State Engineer and the Colorado Water Institute to conduct a study to compile historical hydrological data for the South Platte River Basin.

Finally, on Monday, June 4, 2012, Governor Hickenlooper signed 17 bills into law. Four of them are summarized here.

HB 12-1261 – Concerning Effective Educators in Low-Performing, High-Needs Schools, and, In Connection Therewith, Making an Appropriation.
Sponsored by Rep. Judy Solano and Sen. Bob Bacon. The bill requires that teachers and principals holding certification from the National Board for Professional Teaching Standards be awarded a stipend.
SB 12-068 – Concerning Prohibiting the Inclusion of Industrially Produced Trans Fats in Foods Made Available to Students by Public Schools, and, In Connection Therewith, Making an Appropriation.
Sponsored by Sen. Lucia Guzman and Rep. Tom Massey. The bill prohibits public schools from making available foods or beverages that contain industrially produced trans fats. The bill requires districts with 1,000 or more students to comply and encourages districts with fewer than 1,000 students to comply.
HB 12-1099 – Concerning the Establishment of an Industrial Hemp Remediation Pilot Program to Study Phytoremediation Through the Growth of Hemp on Contaminated Soil, and, In Connection Therewith, Making an Appropriation.
Sponsored by Rep. Wes McKinley and Sens. Lois Tochtrop and Suzanne Williams. The bill allows the Industrial Hemp Remediation Pilot Program to study how contaminated soils and water can be purified by the growth of industrial hemp.
HB 12-1314 – Concerning an Exception to the Requirement to File an Oil and Gas Severance Tax Return for a Person Who Has Less Than a Certain Amount Withheld, and, In Connection Therewith, Making an Appropriation.
Sponsored by Rep. Jerry Sonnenberg and Sen. Cheri Jahn. The bill creates an exception from filing oil and gas severance tax returns and prohibits the DOR from sending non-filing taxpayers notices of liability unless certain requirements are met.

For a complete list of Governor Hickenlooper’s 2012 legislative decisions, please click here.

Filed Under: Legislation Tagged With: criminal law, elder law, election law, employment law, energy law, HB 12-1099, HB 12-1237, HB 12-1261, HB 12-1263, HB 12-1278, HB 12-1293, HB 12-1307, HB 12-1314, HB 12-1315, HB 12-1326, HB 12-1328, HB 12-1346, medical marijuana, oil and gas law, public benefits, real estate law, SB 12-009, SB 12-068, SB 12-078, tax law, trust and estate law, UCC, water law

SB 12-183: Directing the Public Utilities Commission to Receive Data Regarding Low-Income Energy Consumers in Order to Prevent Utility Shut Off During Extremely Cold Weather

May 14, 2012 by CBA-CLE Staff Leave a Comment

On April 30, 2012, Sen. Betty Boyd introduced SB 12-183 – Concerning Restrictions on a Utility’s Ability to Disconnect Certain Residential Customers’ Utility Service, and, In Connection Therewith, Directing the Commission on Low-Income Energy Assistance to Review and Report on the Effectiveness of Existing Measures Concerning Discontinuance of Service and Low-Income Rate Relief. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, utilities providing gas and electric services to residential customers are prohibited from terminating service during certain periods if the termination would be especially dangerous to the health or safety of the customer.

The bill adds additional circumstances under which utilities providing gas or electric heating services for residential customers may not disconnect a residential customer’s service between the months of November and March if the customer demonstrates that he or she is a member of a low-income household or that he or she, or a member of his or her household, is in the military and has been deployed on active duty. In addition to demonstrating his or her income eligibility, a residential customer who is a member of a low-income household must apply for a payment plan with the utility and demonstrate his or her eligibility, and application, for low-income energy assistance to be exempt from disconnection between the months of November and March.

On May 2, the Health and Human Services Committee amended the bill and referred it to the Committee on Appropriations. On May 4, the Appropriations Committee amended the bill and moved it to the floor of the Senate for consideration on 2nd Reading.

Since this summary, the bill passed a 3rd Reading in the Senate and was referred to the House Appropriations Committee. It was unamended in Appropriations and passed a 2nd Reading on the House floor.

Summaries of other featured bills can be found here.

Filed Under: Legislation Tagged With: Colorado Legislature, energy law, public benefits, PUC, SB 12-183

Several More Groups of Bills Signed Into Law by Governor Hickenlooper

May 10, 2012 by Susan Hoyt Leave a Comment

As the legislature winds down, Governor Hickenlooper continues to sign bills into law. So far this legislative session, Governor Hickenlooper has signed 191 bills into law.

On Thursday, April 26, the governor signed ten bills into law. Four of those are summarized here.

HB 12-1236 – Concerning the Regulation of Charitable Solicitations, and, in Connection Therewith, Making an Appropriation
Sponsored by Rep. Ken Summers and Sen. Cheri Jahn. The bill makes several changes to the regulation of charitable solicitations.
HB 12-1126 - Concerning On-Site Wastewater Treatment Systems
Sponsored by Rep. Cheri Gerou. The bill updates statutes related to the regulation of on-site wastewater treatment systems.
HB 12-1313 - Concerning Procedures Related to the Statewide Initiative Title Board
Sponsored by Rep. Libby Szabo and Sen. Bob Bacon. The bill makes several changes to the procedures of the statewide initiative Title Board.
HB 12-1209 - Concerning the “Uniform Electronic Legal Material Act”
Sponsored by Rep. Bob Gardner and Sen. Morgan Carroll. The bill establishes procedures for the publication and authentication of certain legal material, including the Colorado Revised Statutes, session laws, constitution, and Code of Colorado Regulations.

Governor Hickenlooper signed 19 bills into law on Thursday, May 3, 2012, including several from the Joint Budget Committee. Four of the bills signed on May 3 are summarized here.

HB 12-1258 – Concerning Regulation of Public Utilities in Terms of Alternative Fuel Vehicles
Sponsored by Rep. Brian DelGrosso and Sen. Cheri Jahn. The bill requires public utilities to make reasonable efforts to provide service connection for fueling of alternative fuel vehicles.
SB 12-158 – Concerning the Consolidation of Two Public Housing Agencies Within the Division of Housing in the Department of Local Affairs
Sponsored by Sen. Betty Boyd and Rep. Laura Bradford. The bill clarifies that the Division of Housing is the sole public housing authority for providing financial housing assistance, and shifts the Homeless Prevention Activities Program to the Division of Housing.
HB 12-1340 – Concerning a Reduction in the General Fund Portion of the Per Diem Rates Paid to Nursing Facilities, and, In Connection Therewith, Reducing an Appropriation
Sponsored by Rep. Jon Becker and Sen. Kent Lambert. The bill reduces the per diem rates paid to skilled nursing facilities by 1.5 for Fiscal Year 2012-13 only.
SB 12-110 – Concerning a Fund Consisting of Surcharges on Insurance Premiums to Pay for Costs Associated with Criminal Prosecution of Insurance Fraud Investigations, and, in Connection Therewith, Making an Appropriation
Sponsored by Sen. Pat Steadman and Rep. Claire Levy. The bill changes the amount of fees paid to the state by insurance companies to a two-tier schedule set by the Commissioner of Insurance.

On Monday, May 7, Governor Hickenlooper signed the budget bill for the next fiscal year. The bill was approved by an overwhelming majority of legislators – it received 86 yes votes and only 8 no votes. Governor Hickenlooper lauded the legislature for approving the bill with such an impressive majority. The “long bill,” HB 12-1335, contains separate links to the budgets for all state agencies, including add-ons for some agencies.

Governor Hickenlooper signed seven more bills into law on Wednesday, May 9, 2012. Three of them are summarized here.

SB 12-012 – Concerning the Department of Revenue’s Audits of Automobile Emissions Inspection Facilities
Sponsored by Sen. Steve King and Rep. Joe Miklosi. The bill decreases the frequency of overt audits of vehicle emission inspection facilities and increases the frequency of covert audits.
SB 12-060 – Concerning Improving Medicaid Fraud Prosecution
Sponsored by Sen. Ellen Roberts. The bill requries reporting by certain state agencies for the legislature’s use the following year in order to evaluate Medicaid fraud.
HB 12-1262 – Concerning Enactment of Amendments to the Secured Transactions Provisions of the “Uniform Commercial Code”
Sponsored by Rep. Bob Gardner and Sen. Ellen Roberts. The bill adopts changes to the Uniform Commercial Code as recommended by the Colorado Commission on Uniform Laws.

A complete list of legislation signed by Governor Hickenlooper in 2012 is available here.

Filed Under: Legislation Tagged With: business law, Colorado Legislature, Colorado Revised Statutes, elder law, Governor's Office, HB 12-1126, HB 12-1209, HB 12-1236, HB 12-1258, HB 12-1262, HB 12-1313, HB 12-1340, HB 12–1335, insurance law, motor vehicle law, public benefits, SB 12-012, SB 12-060, SB 12-110, SB 12-158, UCC, water law

HB 12-1320: Repeal of Governor’s Energy Office Program and Diversion of Funds to Low-Income Energy Assistance in DHS

April 16, 2012 by CBA-CLE Staff Leave a Comment

On March 2, 2012, Rep. Cindy Acree introduced HB 12-1320 – Concerning Energy-Related Assistance to Low-Income Households. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill repeals the governor’s energy office’s program for providing home energy efficiency improvements for low-income households. The bill also redirects money to the department of human services low-income energy assistance fund for the purpose of increasing available funding under the low-income energy assistance program from:

Money currently allocated to the governor’s energy office for the office’s home energy efficiency improvements program; and

Money currently allocated to the energy outreach Colorado low-income energy assistance fund used by energy outreach Colorado to provide direct bill payment assistance to low-income households when the department of human services is not accepting client applications for the low-income energy assistance program.

The bill has been assigned to the Agriculture, Livestock, & Natural Resources Committee.

Summaries of other featured bills can be found here.

Filed Under: Legislation Tagged With: Colorado Legislature, energy law, Governor's Office, HB 12-1320, public benefits

HB 12-1315: Reorganizing the Governor’s Energy Office and Making Several Changes to its Policies

April 13, 2012 by CBA-CLE Staff Leave a Comment

On February 22, 2012, Rep. Jon Becker and Sen. Pat Steadman introduced HB 12-1315 – Concerning the Reorganization of the Governor’s Energy Office, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill changes the name of the Governor’s Energy Office to the Colorado Office of Energy Development. As part of the reorganization of the office, the bill changes the mission of the office to:

Promoting all Colorado energy;

Promoting economic development in Colorado through energy-market advances that create jobs;

Encouraging Colorado-based clean and innovative energy solutions that include traditional and renewable energy sources;

Increasing energy security;

Lowering long-term consumer costs; and

Protecting the environment.

The bill aligns the duties of the office with the new mission of the office. The bill requires the office to obtain legislative approval prior to changing office policies related to its strategic plan, the definition of “renewable energy,” energy transmission, or any policy that could negatively impact the use of traditional energy sources.

The bill creates the renewable energy fund and specifies that the fund be used by the office to work with communities, utilities, private and public organizations, and individuals to promote:

The renewable energy standard;

Renewable energy such as wind, solar, biomass, hydroelectricity, thermal gasification, and geothermal;

Energy efficiency technologies;

Cleaner technologies by utilizing traditional Colorado-sourced energy; and

New energy technologies.

The bill changes the name of the Clean Energy Fund to the Innovative Energy Fund, aligns the purposes of that fund with the new mission of the office, limits the expenditures from the fund for those projects related to the severance of minerals subject to taxation under state law, and transfers moneys to the innovative energy fund from the perpetual base account of the severance tax trust fund.The bill repeals:

The wind for schools grant program;

The Colorado clean energy development authority; and

The green truck grant program.

The bill ends the office’s role as a consultant to the ReEnergize Colorado program and the geothermal resource leasing fund.

The bill changes the name of the Clean Energy Improvement Debt Reserve Fund to the Energy Improvement Debt Reserve Fund and includes improvements to the efficiency of traditional energy fixtures as part of the definition of “renewable energy improvement” for purposes of local improvement districts.

The bill ends the authority of the office to use up to 5% of the moneys in the Colorado office of energy development low-income energy assistance fund for planning, overseeing, and evaluating the program to improve the energy efficiency of low-income households.

Finally, the bill terminates the office on July 1, 2018, unless extended through the sunset review process. On March 28 the Agriculture, Livestock, & Natural Resources Committee amended the bill and sent it to the Appropriations Committee. On April 5, the Appropriations Committee approved the bill and referred it to the full House for consideration on 2nd Reading.

Since this summary, the bill passed a Second Reading in the House.

Summaries of other featured bills can be found here.

Filed Under: Legislation Tagged With: Colorado Legislature, energy law, environmental law, Governor's Office, HB 12-1315, public benefits

Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

SB 13-205: Making the Colorado Medicaid False Claims Act Compliant with Federal Law

Tenth Circuit: District Court Lacked Subject Matter Jurisdiction Because Hospice Provider Failed to File Timely Administrative Appeal

HB 13-1115: Repealing CoverColorado Pursuant to Changes in Coverage Because of Health Care Reform

SB 13-137: Implementing a Medicaid Fraud Detection System

SB 13-008: Eliminating Three-Month Waiting Period for Eligibility for Children’s Basic Health Plan Benefits

Governor Hickenlooper Finishes Signing Bills Approved This Year by General Assembly

CLE Program: 2012 Legislative Update with Michael Valdez – Tales from Under the Golden Dome

Governor Hickenlooper Signs More Bills, Including Industrial Hemp Bill

SB 12-183: Directing the Public Utilities Commission to Receive Data Regarding Low-Income Energy Consumers in Order to Prevent Utility Shut Off During Extremely Cold Weather

Several More Groups of Bills Signed Into Law by Governor Hickenlooper

HB 12-1320: Repeal of Governor’s Energy Office Program and Diversion of Funds to Low-Income Energy Assistance in DHS

HB 12-1315: Reorganizing the Governor’s Energy Office and Making Several Changes to its Policies

Search

eNews and Updates

About CBA-CLE Legal Connection

Featured CLE: May 30 – 31

Law Practice Tip of the Week

Archives

Want to hear more from CBA-CLE Legal Connection?

Latest Posts

Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

Tenth Circuit: Summary Judgment for Defendants Affirmed in ADA Case

Tenth Circuit: 28 U.S.C. § 2255 Motion Challenging Federal Sentence Not Second Motion So Prior Authorization to File Not Required

Contact Us

May 2013
M	T	W	T	F	S	S
« Apr
		1	2	3	4	5
6	7	8	9	10	11	12
13	14	15	16	17	18	19
20	21	22	23	24	25	26
27	28	29	30	31