Keeping you apprised of what the General Assembly and your state Bar Association are up to under the Gold Dome.
· The LPC approved a request from the Civil Rights Committee to oppose SB 195 – Death Penalty Child Rape Under 12. The bill makes the crime of sexual assault on a child who is 12 years of age or younger a class 1 felony and as such eligible for the death penalty. The Senate Judiciary Committee amended the bill to require that the offender has a prior conviction for aggravated sexual assault. The bill is on the Appropriations Committee calendar on Friday, April 11 at 7:30 a.m.
· The Criminal Law Section agreed on something! The section asked – and the LPC approved – a position to support a proposal contained in HB 1382 – Criminal Procedural Matters to allow a judicial district through the chief judge to establish an alternative bond program. While the bill has several sections, CBA support is limited to the first two sections of the bill which create the alternate bond program that allows a percentage of the total amount set by the court to be filed directly with the court. The program allows a pretrial service program to retain up to 50% of the moneys posted through the alternate bond program for the development and administration of pretrial treatment services for defendants, the costs of securing a defendant’s appearance in court for a failure to appear, or any other costs that are reasonable and necessary for the administration of the program.
· The LPC voted to formally support the legislation (SB 206 – Justice Center State Museum Agreements) which makes possible a new state judicial complex or “center of justice” complex for the Colorado Supreme Court, Colorado Court of Appeals, and various statewide legal related agencies (Attorney General, State Public Defender, administrative offices of the Judicial Branch, Alternate Defense Counsel, and the Office of the Child Representative.) Also, the project will move the Colorado History Museum from its current location at 13th and Broadway to exactly one block south at 12th and Broadway. The total cost for the Judicial complex is placed at $295 million while the cost of the new museum is $112 million. Funding for the Judicial portion of the project is provided through a combination of savings from lease payments and increases to civil filing fees in state courts. The bill has cleared two hurdles in the Senate (Judiciary and Finance committees) and awaits action Wednesday morning on the Appropriations Committee calendar.
In the House:
It was back to business as usual for the House following their weeklong tussle with the budget the week of March 24. Several House bills were on the calendar for consideration of Senate amendments to them. The process, which is a mirror image in both houses, allows the originating house the opportunity to concur with amendments made to a bill by the other house or if those amendments are not acceptable, the originating house can reject the changes and ask that a conference committee be formed to work out the differences between the two houses.
Last week, HB 1148 - Adverse Possession was on the Calendar for consideration of amendments made in the Senate. Those amendments, which were drafted by several members of the Real Estate Section Council, clarified the applicability of the three changes to adverse possession law that the bill makes. On Thursday, April 3, the House concurred with the Senate amendments with little fanfare.
On Thursday afternoon, the House Business Affairs and Labor committee heard from 28 witnesses – in support and opposition to the pro consumer bill HB 1356 – Residential Landlords and Tenants. The committee delayed action to consider numerous requests to amend the bill. The sponsor of the legislation has brought similar legislation in three of the last four legislative sessions but each previous attempt has met much resistance.
On Wednesday, SB 100 - Uniform Guardianship and Protective Proceedings Jurisdiction Act was heard by the House Judiciary Committee. The bill was unanimously approved by the committee but the Judiciary Committee kept the Safety Clause in the bill over the mild objection of the sponsor to push the effective date to January 1, 2009 – the later effective date allows for the public and practitioners to get up to speed with the new act. The final result is that the bill, which is supported by the CBA through the Elder Law and the Trusts and Estates Sections, will be effective upon signature by Governor Ritter. The bill was called up on Friday, April 4 on the Special Orders calendar and was passed on a voice vote. Third Reading should occur on Monday, April 7.
It had appeared that HB 1173 - Uniform Prudent Management of Institutional Funds Act (UPMIFA) was headed straight for a conference committee to deal with the controversial non-uniform provisions “the hospital provisions” but that was derailed when the House sponsor decided that the uniform version of the bill would be satisfactory. Now that the House has concurrence with the Senate version of the bill the next stop for the bill is the desk of Governor Ritter. The CBA supports the uniform act through the Non Profit Entities subsection of the Business Law section and the Trusts and Estates Section.
In the Senate:
As predicted, the budget bill (HB 1375) moved through the Senate in much the same manner as it did in the House. The Republicans “caucused” on Monday and Tuesday, prepared amendments by the close of business on Tuesday and fought it out on 2nd Reading on the Senate floor on Wednesday. The Senate dealt with approximately 50 amendments on 2nd Reading. The 3rd Reading in the Senate had a little more than usual debate but in the end the bill passed on a mostly party line vote with the single Republican member of the Joint Budget Committee as the lone GOP supporter of the budget bill. The bill has been returned to the House where the House has rejected the Senate amendments and a conference committee will be formed to “iron out” the discrepancies between the two versions of the bill.
On Monday morning, right before the Senate dropped everything to take up the budget bill, bar sponsored HB 1153 – Probate Code Fiduciary Oversight was passed by the full Senate on third and final reading on a vote of 35 yes votes and 0 no votes. The bill now heads to Governor Ritter for signature.
HB 1385 - Concerning increased transparency to consumers regarding health care insurance. By Rep. Primavera. Finds that providing reliable cost and quality information about health care insurance empowers consumer choice. Requires the commissioner of insurance (commissioner) to maintain a web site that displays a consumer guide on insurance provided to the division by health insurance carriers. Creates an exception for information that is proprietary pursuant to Colorado open records laws. Requires insurance producers to disclose financial information to consumers. Assigned to the Business Affairs and Labor Committee; the bill is on the committee’s calendar on April 10 at 1:30 p.m.
HB 1387 - Concerning energy-related assistance to low-income households from the proceeds of the operational account of the severance tax trust fund. By Rep. Buescher. Extends funding from the operational account of the severance tax trust fund used for the purpose of providing energy-related assistance to low-income households through direct bill payment assistance and home energy efficiency improvements. Establishes the amounts that are to be transferred for such purposes in state fiscal years 2009-10 through 2013-14, and requires the end balance of the operational account for state fiscal years 2008-09 through 2012-13 to be at least as much as will be initially transferred in the next state fiscal year for such purposes. Assigned to the Finance Committee; the bill is on the committee’s calendar on April 16 at 1:30 p.m.
HB 1389 - Concerning increased oversight of insurance rates. By Rep. M. Carroll and Sen. Sandoval. Requires each insurance carrier to file with the commissioner of insurance (commissioner) a detailed description of its rating and renewal practices for health and automobile insurance. Requires such information to be public when filed. Requires each insurance carrier to file annually with the commissioner the number of lives insured in the previous year. Requires requested rate filing increases for health and automobile insurance to be submitted to the commissioner at least 60 days prior to the proposed implementation date. Allows the rates to be implemented if the commissioner does not approve the rates within the 60-day period. Allows the commissioner to disapprove the rates upon later review. Requires the commissioner to disapprove the rates for health and automobile insurance if certain conditions apply. Requires insurance carriers to report to the division of insurance (division) if specific reasons apply to an increase in rates for health and automobile insurance. Requires the division to track such information and make it public.
Prohibits persons from willfully withholding information that will affect rates or premiums charged or from giving false or misleading information. Creates penalties for a violation.
Requires that use of credit information for underwriting purposes be open to the public. Assigned to the Business Affairs and Labor Committee.
HB 1391 - Concerning the creation of a pilot program to provide mental health services for children who have been involved in a substantiated case of child abuse or neglect. By Rep. Romanoff and Sen. Keller. Creates the child welfare and mental health services pilot program ("program") in the department of human services ("department"). Requires the department to develop and establish the program and to promulgate rules for the program. Outlines the criteria for receiving services through the program. Lists the services that shall be available through the program, including mental health screenings, evaluations, and treatment for children who are the subject of a substantiated case of child abuse or neglect, and their siblings. Requires the department to evaluate the program based on established criteria and to submit a report to the general assembly concerning the outcomes of the program. Assigned to the Health and Human Services Committee.
SB 211 - Concerning medical payments coverage in connection with an automobile insurance policy issued in Colorado. By Sen. Tochtrop. Requires an automobile insurance policy issued or renewed on or after January 1, 2009, to contain medical payments coverage of a specified amount and for a specified period for payment of reasonable, necessary, and accident-related medical evidence-based health care and rehabilitation services provided for bodily injury arising out of the ownership, maintenance, or use of a motor vehicle. Specifies to whom medical payments coverage benefits are to be paid and the priority of payments to be made to providers for providing health care services to an injured person. Presumes that the minimum amount and period of medical payments coverage is included in an automobile insurance policy if the insurer fails to include the coverage in the policy. Specifies the reimbursement rate to be paid to providers and establishes a minimum level for such reimbursement rates.
Preserves the right of an injured person to choose his or her health care provider. Requires an insurer to honor a proper assignment of benefits to a health care provider and to promptly pay claims for medical payments coverage.
Prohibits an insurer providing benefits under medical payments coverage from recovering the cost of such benefits from an owner, user, or operator of a motor vehicle, or against any person or organization legally responsible for the acts or omissions of such person, in any action for damages. Specifies that an insurer shall not have a direct cause of action against an alleged tortfeasor for benefits paid under medical payments coverage. Preserves the rights of an insurer to recover medical payments coverage benefits when the benefits were paid by reason of fraud.
Modifies the disclosures required to be made to policyholders to clarify that, if an insured is also covered under a health insurance policy, the insured's medical payments coverage is primary to the health insurance coverage, will provide coverage before the health insurance coverage, and will apply to any coinsurance or deductible amounts required by the health insurance policy. Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on April 3 at 1:30 p.m.
SB 214 - Concerning local government Medicaid provider fees for certain health care providers. By Sen. Shaffer and Rep. Frangas. Authorizes certain local governments to charge a provider fee to and collect a provider fee from hospitals and home health care agencies within the local government's territorial jurisdiction. Authorizes the department of health care policy and financing (department) to distribute directly to qualified providers the federal financial participation received for local governments that make certified payments to hospitals or home health care agencies (qualified providers.)
Authorizes a local government that imposes a fee on qualified providers within the government's jurisdiction to either pay the fee to the department itself or direct the qualified provider to pay the fee to the department. Requires the department to distribute the fee and any matching federal financial participation received to the qualified providers. Establishes a cash fund for the moneys received by the department. Authorizes an appropriation from the cash fund to pay the department's administrative costs associated with the fee. Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on April 9 upon adjournment.
SB 216 - Concerning the county contribution for the cost of placement of children in residential child care facilities, and making an appropriation therefor. By Sen. Morse and Rep. White. For the 2008-09 and 2009-10 fiscal years, limits the county contribution to 10% of the cost of placement for children in residential child care facilities. Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on April 9 upon adjournment.
SB 217 - Concerning the framework for developing the centennial care choices program to reform the health care system in Colorado. By Sen. Hagedorn and Rep. McGihon. Authorizes the creation of the centennial care choices program (program) to reduce the state's uninsured population and improve access to affordable health care, after the following occurs:
· By January 2, 2009, the state department of health care policy and financing (state department), in coordination with the division of insurance (division) in the department of regulatory agencies and a panel of expert advisors (panel), issues a request for proposals to health insurance companies for the development of value benefit plans(VBPs);
· Proposals for VBPs are submitted to the state department by August 1, 2009;
· The state department, division, and panel evaluate the proposals and make recommendations to the governor regarding the proposals and any necessary legislation;
· The governor submits recommendations for legislation to the general assembly by the 3rd legislative day of the 2010 regular legislative session or notifies the executive committee of the general assembly and the health and human services committees of both houses of the general assembly that no valid proposals were submitted; and
· If the governor recommends legislation and the general assembly chooses to pursue such legislation, allows the legislation to be introduced during the 2010 regular legislative session to create the program and implement the governor's recommendations.
Establishes some parameters for the VBPs and the program, including:
· A premium subsidy program for low-income individuals;
· A mandate that individuals obtain health insurance and a mechanism to enforce the mandate through the state tax code;
· The encouragement of evidence-based medicine through creation of a patient safety council to improve patient care and minimize medical care mistakes;
· A process to certify VBPs and a mechanism for pairing subsidy-eligible individuals with appropriate VBPs;
· Creation of a consumer advisory council for the program; and
· Dedication of a revenue source, if necessary and a ballot question to seek voter approval for the revenue source, if necessary.
Assigned to the Health and Human Services Committee; the bill is on the committee’s calendar on April 9 upon adjournment.
