SB 138 — Reducing Administrative Burdens on Health Care
Last action — Governor Signed
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 11, 2026. Enacted.
Signed by Governor Jared Polis (Democratic) on June 02, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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22 sponsors
3 primary, 19 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (13 D · 2 R) — cross-party backing.
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Cleared a recorded vote
Passed 13 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill reduces licensing training requirements for healthcare providers and modifies patient screening protocols.
This legislation repeals certain training requirements for healthcare providers, modifies how healthcare facilities screen patients for financial assistance, and changes licensing frequency for specific facilities. It aims to streamline administrative processes in the healthcare sector.
What this means for you
- Workers: Your workplace may have streamlined processes for licensing and patient screening, potentially affecting job responsibilities.
- Families: You might experience changes in how your eligibility for financial assistance is assessed in healthcare settings.
- Healthcare: You may face fewer training requirements and can apply for licensure less frequently.
Summary
Section 2 of the act repeals a requirement that health-care profession regulators adopt rules that require each licensed health-care provider, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle in order to demonstrate competency regarding topics related to prescribing drugs and treatment. Section 3 authorizes the Colorado dental board to adopt rules that require every dentist, dental therapist, and dental hygienist, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle regarding topics related to prescribing drugs and treatment. Section 4 requires a licensed veterinarian to complete at least 1 hour of training per renewal period regarding topics related to prescribing drugs and treatment. Section 5 changes the frequency at which specific health-care facilities are required to apply for a license issued by the department of public health and environment from annually to every 2 years. Under current law, a health-care facility is required to screen each uninsured patient for eligibility for public health insurance programs and discounted care (screening) utilizing a single uniform application developed by the department of health care policy and financing (state department). Sections 6 through 11 change this requirement by:Changing the method used to conduct the screening from a uniform application to use of a third-party resource, such as a major credit bureau, or use of a uniform screening questionnaire (questionnaire) developed by the state department;Allowing a health-care facility the option of screening a patient for eligibility for the health-care facility's financial assistance program;Requiring a health-care facility to provide specified notifications upon completion of the screening;Creating an application for discounted care (application) for use by a health-care facility upon completion of the screening through which additional information is requested from a patient to determine whether the patient qualifies or is likely to qualify for public health-care coverage or discounted care;Requiring a health-care facility to provide specified notice and appeal rights to a patient upon completion and review of the application; andRequiring the state department to adopt rules regarding the questionnaire and application. Section 11 also narrows state department review requirements of health-care facilities' and licensed health-care professionals' billing for patients who are indigent. The act prohibits the state department from making changes to regulatory documents or imposing new requirements unless the changes or new requirements are adopted by rule by specified dates and are subject to stakeholder engagement. Section 12 requires the state department to establish by rule the content and format of the information each hospital must provide to the state department for a hospital transparency report at least 30 days prior to the hospital's fiscal year. The act changes the deadline for a hospital to submit to the state department an annual audited financial statement from 120 days to 150 days after the end of the hospital's fiscal year. Current law requires that each hospital has a minimum of 15 days to review the hospital transparency report; the act specifies that the review period is 15 business days and requires that a statewide hospital association must also have a minimum of 15 business days to review the report.(Note: This summary applies to this bill as enacted.)
Bill Text
What changed in the latest version
653 added · 767 removedPlain-language change summary
The amendment adds a note specifying that the bill has been prepared for the signatures of legislative officers and the Governor, and directs individuals to check the legislative status sheet for information on the bill's signing or other actions taken. This change clarifies the procedural status of the bill and informs the public about where to find updates on its progress.
SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
26-0721.01This Joshbill Schultzhas x5486been SENATEprepared BILLfor 26-138the SENATEsignatures SPONSORSHIPof DaughertyandMullica,the Ball,Bridges,Bright,Carson,Coleman,Cutter,Danielson,Exum,appropriate Jodeh,legislative Kipp,officers Kolker,and Marchman,the RobertsGovernor. HOUSE SPONSORSHIP Stewart K., Bacon, Boesenecker, Duran, Lindsay, McCluskie, McCormick g i a 6 E R 0 U r , O 3 7 H e a Senate Committees House Committees n M Health & Human Services Health & Human Services e Appropriations A g A BILL FOR AN ACT d 6 E a 0 C ONCERNINGMEASURESTOREDUCETHEADMINISTRATIVEBURDENON S R ,2 O d 6 H 2 a THE HEALTH -CARE SYSTEM .
eTo Mdetermine nwhether ethe BillGovernor Summaryhas Asigned (Note:the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
ThisSENATE summaryBILL applies26-138 toBY thisSENATOR(S) billDaugherty as introduced and doesMullica, notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillBall, dBridges, dBright, passesCarson, thirdCutter, readingDanielson, inExum, theJodeh, houseKipp, ofKolker, introduction,Marchman, aRoberts, billColeman; summary that e 6 applies to the reengrossed version of this bill will be available at E a 0 A U , http://leg.colorado.gov.) N n 1 S a a e M Section 2 of the bill requires the commissioner of insurance r (commissioner) to conduct a performance audit of all division of 3 insurance (division) rules related to health care on or before January 1, 2029, and at least once every 5 years thereafter.
Commencingalso JanuaryREPRESENTATIVE(S) nStewart 2029,K., andBacon, everyBoesenecker, 5Duran, yearsLindsay, thereafter,McCormick, theMcCluskie. division shall report on the d findings of the audit during its "SMART Act" hearing.
eCONCERNINGMEASURES 2TO EREDUCE RTHE 2ADMINISTRATIVE ABURDENONTHE nHEALTH 0-CARE ESYSTEM 2. l Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
S e p Capital letters or bold & italic numbers indicate new material to be added to existing law.n A Dashes through the words or numbers indicate deletions from existing law.
m A Section 3 repeals provisions thatrequirehealth insurance carriers (carriers) to comply with federal price transparency laws and to make available an internet-based self-service tool that provides real-time responses to a covered person's questions concerning carrier prices that are based on cost-sharing information.
Section 3 also repeals a requirement that carriers submit informationrequiredbyfederalpharmacybenefitanddrugcostreporting laws to the commissioner and make certain information regarding price transparency publicly available.
Section 4 repeals a requirement that health-care profession regulators adopt rules that require each licensed health-care provider, as aconditionofrenewing,reactivating,orreinstatingalicense,tocomplete upto4credithoursoftrainingperlicensingcycleinordertodemonstrate competency regarding topics related to prescribing drugs and treatment.
Section5changesthefrequencythatspecifichealth-carefacilities are required to apply for a license issued by the department of public health and environment from annually to every 2 years.
Section 6 requires the department of health care policy and financing (state department) to conduct a performance audit of all state department rules related to health care on or before January1, 2029, and at least once every 5 years thereafter.
Commencing January 2029, and every5 years thereafter, the state department shall report on the findings of the audit during its "SMART Act" hearing.
Undercurrentlaw,ahealth-carefacilityisrequiredtoscreeneach uninsuredpatientforeligibilityforpublichealthinsuranceprogramsand discounted care (screening) utilizing a single uniform application developed by the state department.
Sections 7 through 12 change these requirements in the following ways:
! Changing the method used to conduct the screening from a uniformapplication to use of athird-partyresource, such as a major credit bureau, or use of a uniform screening questionnaire (questionnaire) developed by the state department;
! Allowing a health-care facility the option of screening a patient for eligibilityfor the health-care facility's financial assistance program;
! Requiring a health-care facility to provide specified notifications upon completion of the screening;
! Creating an application for discounted care (application) for use by a health-care facility upon completion of the screening through which additional information is requested from a patient to enable the health-care facility to determine whether the patient has qualified or is likely to qualify for public health-care coverage or discounted care;
-2- 138 ! Requiring a health-care facilityto provide specified notice and appeal rights to a patient upon completion and review of the application;
and ! Requiringthestatedepartmenttoadoptrulesregardingthe questionnaire and application.
Section 12 also narrows state department review requirements of health-care facilities' and licensed health-care professionals' billing for patients who are indigent.
The bill prohibits the state department from making changes to regulatory documents or imposing new requirements unless the changes or new requirements are adopted byrule byspecified dates and are subject to stakeholder engagement.
Section 13 requires the state department to establish the content and format of the information each hospital must provide to the state departmentforahospitaltransparencyreportbyruleatleast30daysprior to the hospital's fiscal year.
Current law requires that each hospital has a minimum of 15 days to review the hospital transparency report;
the bill requires that a statewide hospital association must also have a minimum of 15 days to review the report.
Sections 14 through 17 make conforming amendments.
SECTION1.SECTION 1.
Legislativedeclaration.(1)Legislative Thegeneralassemblydeclaration. finds and declares that:
(1) The general assembly finds and declares that:
Reducing duplication and confusion in navigating the process for both patients and health-care providersisessentialtoensuretheprocessdoesnotcreatebarriersfortheproviders is essential to ensure the process does not create barriers for the very people the law was intended to help.
(b)Capital Itletters isor thebold intent& ofitalic thenumbers generalindicate assemblynew tomaterial reduceadded unnecessaryto paperwork,existing eliminatelaw; avoidable burdens, and create a process that respects people's time, circumstances, and dignity.
Streamliningdashes andthrough -3-words 138or clarifyingnumbers theseindicate pathwaysdeletions willfrom allowexisting health-carelaw providersand tosuch focusmaterial moreis resourcesnot onpart helping families instead of onthe navigatingact. shifting rules or administrative obstacles.
(c)(b) TheIt generalis assemblyaffirmsthe thatintent allof patientthe rights,general includingassembly theto rightreduce tounnecessary appealpaperwork, eliminate avoidable burdens, and tocreate providea informationprocess demonstratingthat eligibilityrespects forpeople'stime,circumstances,anddignity.Streamliningandclarifyingthese publicpathways will allow health-care coverageproviders orto discountedfocus care,more mustresources remainon fullyhelping protected;families instead of on navigating shifting rules or administrative obstacles.
and(c) (d)Thegeneralassemblyaffirmsthatallpatientrights,includingthe Thisright actto strengthensappeal theand promiseto thatprovide discountedinformation caredemonstrating ineligibility ourfor statepublichealth-carecoverageordiscountedcare,mustremainfullyprotected; will be accessible and rooted in compassion.
SECTION2.and (d) Thisactstrengthensthepromisethatdiscountedcareinourstate will be accessible and rooted in compassion.
InColoradoRevisedStatutes,amend12-30-114asSECTION follows:2.
In Colorado Revised Statutes, amend 12-30-114 as follows:
(1) (a) The regulator for each licensed health-care provider, in consultation with the center for research into substance use disorder prevention, treatment, and recovery support strategies created in section 27-80-118, shall promulgate rules that require each licensed health-care provider,asaconditionofrenewing,reactivating,orreinstatingalicenseprovider, as a condition of renewing, reactivating, or reinstating a license on or after October 1, 2022, to complete up to four credit hours of training per licensing cycle in order to demonstrate competency regarding:
Show all 198 changed lines (158 more)
-4- 138 (IV) Recognition of substance use disorders;
andPAGE (VI)2-SENATE TheBILL use26-138 ofand the(VI) electronicTheuseoftheelectronicprescriptiondrugmonitoringprogram prescription drug monitoring program created in part 4 of article 280 of this title 12.
(b) TheTherulespromulgatedbyeachregulatorshallexemptalicensed rules promulgated by each regulator shall exempt a licensed health-care provider who:
(I) MaintainsanationalboardcertificationthatrequiresequivalentMaintains a national board certification that requires equivalent substance use prevention training;
(e) AnAnadvancedpracticeregistered advanced practice registered nurse or certified midwife with prescriptive authority;
(3) E ACH REGULATOR THAT ADOPTED RULES PURSUANT TO THIS SECTION BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (3),WHICH RULESREQUIREALICENSEDHEALTHRULES -CAREREQUIRE A LICENSED HEALTH CARE PROVIDER ,ASACONDITIONOF, RENEWINGAS ,REACTIVATING,ORREINSTATINGALICENSEA TOCOMPLETECONDITION UPOF TORENEWING ,REACTIVATING ORREINSTATINGALICENSE ,TOCOMPLETEUPTO FOUR CREDIT HOURS OF TRAINING PER LICENSING CYCLE IN ORDER TO -5-DEMONSTRATEOPIATEPRESCRIBERCOMPETENCYSHALLREPEALTHERULES 138 DEMONSTRATE OPIATE PRESCRIBER COMPETENCY SHALL REPEAL THE RULES ON OR BEFORE JULY1,JULY 1, 2027.
PAGE 3-SENATE BILL 26-138 (4) THIST HIS SECTION IS REPEALE,EFFECTIVESEPTEMBERREPEALE, EFFECTIVE SEPTEMBER 1, 2029.
InColoradoRevisedStatutes,12-220-308,add(3)InColoradoRevisedStatutes,12-220-308,add(3)as as follows:
(3)(a)(3) THEBOARDMAYADOPTRULESREQUIRINGEVERYDENTIST(a) ,THE DENTALTHERAPISTBOARD ,ANDDENTALHYGIENISTMAY ,ASCONDITIONOFRENEWINGADOPT RULES REQUIRING EVERY DENTIST , REACTIVATINGDENTAL ,ORTHERAPIST REINSTATING,AND ADENTAL LICENSEHYGIENIST ISSUED,AS UNDERCONDITION THISOF ARTICLERENEWING 220,TOCOMPLETEUPTOFOURCREDITHOURSOFTRAININGPERLICENSING, CYCLEREACTIVATING ,ORREINSTATINGALICENSEISSUEDUNDERTHISARTICLE 220, TOCOMPLETEUPTOFOURCREDITHOURSOFTRAININGPERLICENSINGCYCLE REGARDING :
(I) BEST PRACTICES FOR OPIOID PRESCRIBI;GPRESCRIBING (II); BEST PRACTICES FOR BENZODIAZEPINE PRESCRIBI;G (III) RCOGNITION OF SUBSTANCE USE DISORDERS;
(IV)(II) RBEST EFERRALPRACTICES OF PATIENTS WITH SUSPECTED SUBSTANCE USE DISORDERS FOR TREATMENTBENZODIAZEPINE ;ANDPRESCRIBING (V); THEUSEOFTHEELECTRONICPRESCRIPTIONDRUGMONITORING PROGRAM CREATED IN PART 4 OF ARTICLE280 OF THIS TITL12.
(b)(III) RRECOGNITION EGARDLESS OF WHETHERSUBSTANCE THEUSE BOARDDISORDERS ADOPTS; RULES TO REQUIRE TRAINING PURSUANT TO SUBSECTION (3)(aOF THIS SECTIO,IF A LICENSED DENTIST , DENTAL THERAPIST , OR DENTAL HYGIENIST COMPLETESTRAININGREGARDINGOPIOIDPRESCRIBERCOMPETENCY ,THE BOARDSHALLCOUNTUPTOFOURHOURSOFSUCHTRAININGTOWARDTHE LICENSEE'SCONTINUINGEDUCATIONREQUIREDBYSUBSECTION (1OFTHIS SECTION.
SECTION(IV) 4.R EFERRAL OF PATIENTS WITH SUSPECTED SUBSTANCE USE DISORDERS FOR TREATMENT ;AND (V) T HE USE OF THE ELECTRONIC PRESCRIPTION DRUG MONITORING PROGRAM CREATED IN PART 4OF ARTICLE 280 OF THIS TITLE12.
In(b) ColoradoR RevisedEGARDLESS Statutes,OF 12-315-110,WHETHER addTHE (3)(d),BOARD (3)(e),ADOPTS andRULES (3)(f)TO asREQUIRE follows:TRAINING PURSUANT TO SUBSECTION (3)(a)OF THIS SECTION,IF A LICENSED DENTIST ,DENTALTHERAPIST ,OR DENTALHYGIENIST COMPLETES TRAININGREGARDINGOPIOIDPRESCRIBERCOMPETENCY ,THEBOARDSHALL COUNT UP TO FOUR HOURS OF SUCH TRAINING TOWARD THE LICENSEE S CONTINUING EDUCATION REQUIRED BY SUBSECTION (1)OF THIS SECTION.
-6-SECTION4. 138 12-315-110.
InColoradoRevisedStatutes,12-315-110,add(3)(d), (3)(e), and (3)(f) as follows:
12-315-110.
(3)(d)(3) ALICENSEDVETERINARIANSHALLCOMPLETEATLEASTONE(d) HOURALICENSED OFVETERINARIAN TRAININGSHALL REGARDINGCOMPLETE SUBSTANCEAT USELEAST PREVENTIONONE PERHOUROFTRAININGREGARDINGSUBSTANCEUSEPREVENTIONPERRENEWAL RENEWALPAGE 4-SENATE BILL 26-138 PERIOD TO DEMONSTRATE COMPETENCY REGARDING :
(I) BEST PRACTICES FOR VETERINARY OPIOID PRESCRIBI;GPRESCRIBING (II); BEST PRACTICES FOR VETERINARY BENZODIAZEPINE PRESCRIBING;
(III)(II) RCOGNITIONBEST OFPRACTICES HUMANFOR SUBSTANCEVETERINARY USEBENZODIAZEPINE DISORDERSPRESCRIBING ;
(IV)(III) RRECOGNITION EFERRAL OF HUMANSHUMAN WITH SUSPECTED SUBSTANCE USE DISORDERS FOR; TREATMENT ;AND (V) THEUSEOFTHEELECTRONICPRESCRIPTIONDRUGMONITORING PROGRAM CREATED IN PART 4 OF ARTICLE280 OF THIS TITL12.
(e)(IV) SUBSECTIONR (3)(d)OFEFERRAL THISOF SECTIONHUMANS DOESWITH NOTSUSPECTED APPLYSUBSTANCE TOUSE ADISORDERS LICENSEDFOR VETERINARIANTREATMENT WHO;AND :(V) T HE USE OF THE ELECTRONIC PRESCRIPTION DRUG MONITORING PROGRAM CREATED IN PART 4 OF ARTICLE 280OF THIS TITLE12.
(I)(e) MAINTAINSANATIONALBOARDCERTIFICATIONTHATREQUIRESS EQUIVALENTUBSECTION SUBSTANCE(3)(d)OF USETHIS PREVENTIONSECTION TRAININGDOES ;ORNOT (II)APPLY ATTESTS TO THEA BOARD THAT THE LICENSED VETERINARIAN DOESWHO NOT: PRESCRIBE OPIOID.
(f)(I) THEM AINTAINS A NATIONAL BOARD SHALLADOPTCERTIFICATION RULESTHAT REQUIRES EQUIVALENT SUBSTANCE USE PREVENTION TRAINING ;OR (II) ATTESTS TO IMPLEMENTTHE SUBSECTIONSBOARD (3)(d)ANDTHAT (3)(eOFTHE THISLICENSED SECTIO.VETERINARIAN DOES NOT PRESCRIBE OPIOIDS.
(f) THE BOARD SHALL ADOPT RULES TO IMPLEMENT SUBSECTIONS (3)(d)AND (3)(e)OF THIS SECTION.
License-application-issuance-waiver-certificateLicense - application - issuance - waiver - certificate of compliance required - rules.
(1)(a)(I)(1) Anapplicantforalicensedescribedinsection25-3-101(a) (I) An applicant for a license described in section 25-3-101 shall apply to the department of public health and environment annually -7-EVERYTWOYEARS 138uponsuchformandinsuchmannerasprescribedbythe EVERY TWO YEARS upon such form and in such manner as prescribed by the department;
(II) OORBEFOREON OR BEFORE JULY 1,2030,NOTWITHSTANDINGSUBSECTION1, (1)(a)(I)F2030,NOTWITHSTANDING SUBSECTION PAGE 5-SENATE BILL 26-138 (1)(a)(I)OF THIS SECTION,SECTION THE,THE DEPARTMENT MAY ISSUE A LICENSE DESCRIBED IN SECTION 25-3-101TO25-3-101 TO AN APPLICANT AND REQUIRE THE APPLICANT TOAPPLYTOTHETO APPLY TO THE DEPARTMENT AFTERAONEAFTER -YEARPERIODASA ONE -YEAR PERIOD AS THE DEPARTMENT DEEMS APPROPRIATE .
SECTIONSECTION6. 6.
InInColoradoRevisedStatutes,25.5-3-501,amend(6); Colorado Revised Statutes, 25.5-3-501, amend (6);
(6) "Screen""Screen"or"screening"meansaprocessidentifiedinrulebythe orstate "screening"department meansDESCRIBED aIN processSECTION identified25.5-3-502 inwhereby rulehealth-care byfacilities theassess statea departmentpatient's DESCRIBEDcircumstances INrelated SECTIONto 25.5-3-502eligibility whereby health-carefacilitiesassessapatient'scircumstancesrelatedtoeligibility criteria and determine whether the patientALIFIEDpatient HAS QUALIFIED OR is likely to qualify for publicpublichealth-care health-care coverage or discounted careTHEcareAND OPTIONOFTHEHEALTH,AT CAREFACILITYTHE ,ISELIGIBLEORISLIKELYELIGIBLEOPTIONOFTHE HEALTH CARE FACILITY , IS ELIGIBLE OR IS LIKELY ELIGIBLE FOR THE HEALTH -CARECARE FACILITY'SFACILITY S FINANCIAL ASSISTANCE PROGRAM ;
informthepatientofinform thehealth-carefacility'sdetermination;andprovide information to the patient aboutof how the patient can enroll in public health-care coverageORfacility's THEdetermination; HEALTH CARE FACILITY S FINANCIAL ASSISTANCE PROGRAM .
(6.7)and "UNIFORMprovide APPLICATIONinformation "to ORthe "APPLICATION"patient MEANSabout Ahow UNIFORMthe FORMpatient THATcan ISenroll DEVELOPEDin BYpublic THEhealth-care STATEcoverage DEPARTMENTOR TOTHE DETERMINEHEALTH WHETHER-CARE AFACILITY PATIENTS ISFINANCIAL AASSISTANCE QUALIFIEDPROGRAM PATIENT. AND IS -8- 138 COMPLETED FOLLOWING A SCREENING OR WHEN REQUIRED BY SECTION 25.5-3-502.5.
(6.7) "UNIFORMAPPLICATION "OR "APPLICATION "MEANSAUNIFORM FORM THAT IS DEVELOPED BY THE STATE DEPARTMENT TO DETERMINE WHETHERAPATIENTISAQUALIFIEDPATIENTANDISCOMPLETEDFOLLOWING A SCREENING OR WHEN REQUIRED BY SECTION 25.5-3-502.5.
(1) BeginningBeginningSeptember1,2022,ahealth-carefacilityshallscreen, Septemberunless 1,a 2022,patient adeclines, health-careeach facilityuninsured shallpatient screen,unlessapatientdeclines,eachuninsuredpatientforeligibilityfor:for eligibility for:
PAGE 6-SENATE BILL 26-138 (a) Publichealthinsuranceprograms,includingbutnotlimitedtoPublic health insurance programs, including but not limited to medicare;
the state medical assistance programBEDprogramSCRIBED INarticlesIN articles 4, 5, andand6of 6thistitle25.5;emergencymedicaid;andthechildren'sbasichealth plan DESCRIBED IN article 8 of this title 25.5;
emergency medicaid;
and the children's basic health plaDESCRIBED INarticle 8 of this title 25.5;
(c)(b)(c) (b) Discounted care, as described in section 25.AND-503;25.5-3-AND;
(c) A T THE OPTION OF THE HEALTH -CARECARE FACILITY,FACILITY , THE HEALTH CAREFACILITY'SFINANCIALASSISTANCEPROGRAM-CARE ,WHICHOFTENFACILITY OFFERSS BROADERFINANCIAL ELIGIBILITYASSISTANCE THANPROGRAM PUBLIC,WHICH HEALTHOFTEN INSURANCEOFFERSBROADERELIGIBILITYTHANPUBLICHEALTHINSURANCEPROGRAMS PROGRAMS .
(2) Health-care facilities shall use a single uniform application developed by the state department when screening a patient pursuant to subsection (1) of this section.THsection.HEALTH -CARE FACILITY MAY CONDUCT SCREENINGS PURSUANT TO SUBSECTION (1OF(1)OF THIS SECTION THROUGH:THROUGH :
(a) ACCESSING ELIGIBILITY INFORMATION THROUGH AN INDUSTRY STANDARDTHIRD-STANDARD PARTYRESOURCETHIRD ,SUCHASAMAJORCREDIT-PARTY RESOURCE ,SUCH AS A MAJOR CREDIT BUREAU ;
(b) REQUESTINGR EQUESTING THE PATIENT COMPLETE A UNIFORM SCREENING QUESTIONNAIRE DEVELOPED BY THE STATE DEPARTMENT ;OR -9- 138 (c) A COMBINATION OF INFORMATION OBTAINED THROUGH SUBSECTIONS (2)(a)AND (2)(bOF(2)(b)OF THIS SECTIO.SECTION.
(3) If a health-care facilityfacilitydetermines determines that a patient is ineligible for discounted care, the facility shall provide the patient notice of the determinationdeterminationandanopportunityforthepatienttoappealthedetermination and an opportunity for the patient to appeal the determination in accordance with state department rules IFF A HEALTH -CARE FACILITY DETERMINES IT HAS OBTAINED SUFFICIENT INFORMATION THROUGH THE SCREENINGSCREENINGCONDUCTEDPURSUANTTOSUBSECTION CONDUCTED(1)OFTHISSECTION PURSUANTTHE TOHEALTH SUBSECTION-CARE (1)OFTHISSECTIONFACILITY THEHEALTHMAY CAREFACILITYMAYMAKEMAKE A DETERMINATION OF WHETHER THE PATIENT IS A QUALIFIED PATIENT OR IS LIKELY ELIGIBLE FOR PUBLIC HEALTH -CARE COVERAGE WITHOUT REQUIRINGTHEREQUIRING THE PATIENT TOPROVIDETO FURTHERINFORMATIONTHROUGHAPROVIDE FURTHER INFORMATION THROUGH A UNIFORM APPLICATION PURSUANT TO SECTION 25.5-3-502.5.
PAGE 7-SENATE BILL 26-138 (3.5) UUPONCOMPLETIONOFTHESCREENINGCONDUCTEDPURSUANT PONTO COMPLETIONSUBSECTION (1) OF THETHIS SCREENINGSECTIO,A CONDUCTEDHEALTH PURSUANTTOSUBSECTION-CARE (1)OFTHISSECTION,AHEALTHFACILITY -CAREFACILITY SHALL :
(a) IIF THE HEALTH-CARE FACILITY DETERMINES THAT A PATIENT IS A QUALIFIED PATIENT , PROVIDE THE PATIENT NOTICE OF THE DETERMINATION ,THEPATIENT'SIDENTIFIEDFEDERALPOVERTYGUIDELINE,THE PATIENT'S IDENTIFIED FEDERAL POVERTY GUIDELINE PERCENTAGE , AND THE PATIENT S MONTHLY INSTALLMENT MAXIMUM PAYMENT AS DESCRIBED IN SECTION25.5-3-503;SECTION 25.5-3-503;
(b) IF THE HEALTHCAREHEALTH-CARE FACILITY DETERMINES THAT A PATIENT IS LIKELYLIKELYNOTAQUALIFIEDPATIENT NOT,INFORMTHEPATIENTOFTHERESULTSOF A QUALIFIED PATIENT ,INFORM THE PATIENT OF THE RESULTS OF THE SCREENING ,,INCLUDING INCLUDING THE PATIENT S'S IDENTIFIED FEDERAL POVERTY GUIDELINE PERCENTAGE ,,AND AND PROVIDE THE PATIENT WITH :
(I) INFORMATIONIFORMATIONONHOWTOCOMPLETEANAPPLICATIONPURSUANT ON HOW TO COMPLETE AN APPLICATION -10- 138 PURSUANT TO SECTION 25.5-3-502.5;AND (II) IAPPLICABLE,ATTHEOPTIONOFTHEHEALTHF -CAREFACILITYAPPLICABLE,AT ,THE INFORMATIONOPTION REGARDINGOF THE PATIENT'SHEALTH ELIGIBILITY-CARE FORFACILITY, THEINFORMATIONREGARDINGTHEPATIENT HEALTHSELIGIBILITYFORTHEHEALTH -CARE FACILITY'S FINANCIAL ASSISTANCE PROGRAM AND THE AMOUNT OF ANY DISCOUNT OFFERED THROUGH THE PROGRAM ;
(c) IFI F THE HEALTH CARE-CARE FACILITY IS CERTIFIED BY THE STATE DEPARTMENTASAPRESUMPTIVEELIGIBILITYSITEANDDETERMINESTHATDEPARTMENT THEAS PATIENTA ISPRESUMPTIVE PRESUMPTIVELYELIGIBILITY ELIGIBLESITE FORAND MEDICALDETERMINES ASSISTANCETHAT ,THEPATIENTISPRESUMPTIVELYELIGIBLEFORMEDICALASSISTANCE INFORM,INFORM THE PATIENT OFTHEDETERMINATIONANDPROVIDETHEOF THE DETERMINATION AND PROVIDE THE PATIENT WITH INFORMATION ON HOW THE PATIENT CAN ENROLL IN PUBLIC HEALTH -CARE COVERAGE ;
(d) IF THE HEALTH-CARE FACILITY DETERMINES THAT A PATIENT IS LIKELYLIKELYELIGIBLEFORPUBLICHEALTH ELIGIBLE-CARECOVERAGEINFORMTHEPATIENT FOR PUBLIC HEALT-CARE COVERAGE INFORM THE PATIENT OF THE DETERMINATION AND :
(I) POVIDETHEPATIENTWITHINFORMATIONEXPLAININGHOWTOPROVIDE THE PATIENT WITH INFORMATION EXPLAINING HOW TO APPLY FOR PUBLIC HEALTH CARE-CARE COVERAGE ,INCLUDING, INCLUDING AT LEAST ONE AVAILABLE METHOD FOR SUBMITTING AN APPLICATION ;
(II) OFFEROFFERREASONABLEASSISTANCEORREFERRALFORSUPPORTTO REASONABLECOMPLETE ASSISTANCEAN ORAPPLICATION REFERRAL FOR SUPPORTPUBLIC TOCOMPLETEANAPPLICATIONFORPUBLICHEALTH -HEALTHCARECOVERAGECARE ANDCOVERAGE ;AND PAGE 8-SENATE BILL 26-138 (III) TREATT REAT COMPLETION OF AN APPLICATION FOR PUBLIC HEALTH -CARECOVERAGEASTHEPRIMARYPATHWAYFORRESOLVINGTHE-CARE PATIENTCOVERAGE SFINANCIALRESPONSIBILITYFORHOSPITALSERVICESUNTILTHEAS PATIENTTHE ISPRIMARY DENIEDPATHWAY PUBLICFOR HEALT-CARERESOLVING COVERAGETHE ORPATIENT 45DAYSS AFTERFINANCIAL RESPONSIBILITY FOR HOSPITAL SERVICES UNTIL THE PATIENTISDENIEDPUBLICHEALTH -CARECOVERAGEOR 45 DAYSAFTERTHE DATE OF DISCHARGE ,WHICHEVER OCCURS FIRST;ANDFIRST ;AND (e) IIF THE HEALTH-CAREHEALTH CARE FACILITY NEEDS MORE INFORMATION TO MAKE A DETERMINATION OF WHETHER THE PATIENT HAS QUALIFIED OR IS LIKELY TO QUALIFY FOR DISCOUNTED CARE OR A FINANCIAL ASSISTANCE -11- 138 PROGRAM ,INFORM THE PATIENT OF THE PATIENTSPATIENT 'S IDENTIFIED FEDERAL POVERTY GUIDELINE PERCENTAGE AND NOTIFY THE PATIENT THAT THE PATIENT MUST PROVIDE ADDITIONAL INFORMATION TO COMPLETE AN APPLICATION PURSUANT TO SECTION 25.5-3-502.5.
(3.7)(a)(I)FAPATIENTHASNOTBEENDETERMINEDELIGIBLEFOR(3.7) PUBLIC(a) HEALTH(I) -CAREI COVERAGEPATIENT PURSUANTHAS TONOT SUBSECTIONBEEN (3.5)(d)OFDETERMINED THISELIGIBLE FOR PUBLICHEALTH CARECOVERAGEPURSUANTTOSUBSECTION (3.5)(dOFTHIS SECTION WITHIN 4545DAYS DAYS AFTER THE DATE OF DISCHARGE ,,A HEALTH CARE FACILITYSHALLPROCEEDWITHADETERMINATIONOFWHETHERTHEPATIENT IS A QUALIFIED PATIENT (II) UPON NOTIFICATION OF A DETERMINATION THAT A PATIENT IS INELIGIBLEFORPUBLICHEALTH -CARECOVERAGEPURSUANTTOSUBSECTION (3.5)(d)OF THIS SECTIO,A HEALTH -CARE FACILITY SHALL PROCEED WITH A DETERMINATION OF WHETHER THE PATIENT IS A QUALIFIED PATIEN.PATIENT .
(II)(b) UPONS NOTIFICATIONUBSECTION OFADETERMINATIONTHAT(3.5)(dOF APATIENTTHIS ISSECTION INELIGIBLEDOES FORNOT PUBLICPROHIBIT HEALTHA -CAREPATIENT COVERAGEOR PURSUANTHEALTH TO-CARE SUBSECTIONFACILITY (3.5)(dOFFROM THISCOMPLETING SECTIO,AAN HEALTHAPPLICATION -CAREPURSUANT FACILITYTO SHALLSECTION PROCEED25.5-3-502.5 WITHWHILE A DETERMINATION OF WHETHER THE PATIENTPATIENT'S ISELIGIBILITY AFOR QUALIFIEDPUBLIC PATIENT.HEALT-CARE COVERAGE IS PENDING .
(b)(c) SUBSECTIONWHILEADETERMINATIONOFAPATIENT (3.5)(dOFSELIGIBILITYFORPUBLIC THISHEALTH SECTION-CARECOVERAGEISPENDING DOESAHEALTH NOT-CAREFACILITYMAYDEFER PROHIBITCOMPLETION OF A PATIENTFINAL ORDETERMINATION HEALTHFOR DISCOUNTED CARE FACILITYIF FROMTHE COMPLETINGPATIENT ANIS APPLICATIONAFFORDED PURSUANT TO SECTION 25.5-3-502.5WHILE A DETERMINATION OF THE PATIENTPROTECTIONS SFROM ELIGIBILITYBILLING FORAND PUBLICCOLLECTION HEAL-CAREACTIVITY COVERAGEREQUIRED ISBY PENDING.SECTION 25.5-3-506.
(c)(d) WIAPATIENTISDETERMINEDELIGIBLEFORPUBLICHEALTH HILECARE ACOVERAGE DETERMINATIONPURSUANT OFTO ASUBSECTION PATIENT(3.5)(d)OF STHIS ELIGIBILITYSECTION FOR, REIMBURSEMENT THROUGH PUBLIC HEALTH -CARECARE COVERAGE IS PENDING,ATHE HEALTHPRIMARY -CAREREIMBURSEMENT FACILITYBEFORE MAYANY DEFERDISCOUNTS COMPLETIONARE OFPROVIDED APAGE FINAL9-SENATE DETERMINATIONBILL FOR26-138 DISCOUNTEDPURSUANT CARETO IFTHIS THE PATIENT IS AFFORDED THE PROTECTIONS FROM BILLING AND COLLECTION ACTIVITY REQUIRED BY SECTION 25.5-3-506..
(d)(e) IFW HERE A PATIENTHEALTH IS-CARE DETERMINEDFACILITY ELIGIBLEDETERMINES FOR,BASED PUBLICON HEALTHAVAILABLE -CAREINFORMATION COVERAGE,THAT PURSUANTA TOPATIENT SUBSECTIONIS (3.5)(d)OFFACIALLY THISINELIGIBLE SECTIONFOR ,REIMBURSEMENTTHROUGHPUBLICHEALTHPUBLIC -CARECOVERAGEISHEALTH -CARE COVERAGE , THE PRIMARYHEALTH REIMBURSEMENT-CARE BEFOREFACILITY ANYMAY DISCOUNTSPROCEED AREDIRECTLY PROVIDEDWITHADETERMINATIONOFWHETHERTHE -12-PATIENT 138IS PURSUANTA TOQUALIFIED THISPATIENT SECTION..
(e)(f) W HERE A HEALTH -CARE FACILITY DETERMINES,SHALL BASEDNOT ONDENY AVAILABLEELIGIBILITY INFORMATIONFOR ,THATDISCOUNTED CARE SOLELY BECAUSE A PATIENT ISDID FACIALLYNOT INELIGIBLEAPPLY FOR PUBLIC HEALTH -CARE COVERAGE ,THE. HEALTH -CARE FACILITY MAY PROCEEDDIRECTLYWITHADETERMINATIONOFWHETHERTHEPATIENTIS A QUALIFIED PATIENT.
(f)(4) AIf HEALTH-CAREthe FACILITYpatient SHALLdeclines NOTthe DENYscreening ELIGIBILITYdescribed FORin DISCOUNTEDCARESOLELYBECAUSEAPATIENTDIDNOTAPPLYFORPUBLICsubsection HEALTH(1) -CAREof COVERAGEthissection,thehealth-carefacilityshalldocumentthepatient'sdecision .inaccordancewithstatedepartmentrules.Apatient'sdecisiontodeclinethe screening that is documented and complies with state department rules is a complete defense to a claim brought bya patient under section 25.5-3-506 (2) for a violation of section 25.5-3-506 (1)(a) or (1)(b).
(4)(5) Ifthepatientdeclinesthescreeningdescribedinsubsection(1)If ofrequested thisby section,theAN theINSURED patient, a health-care facility shall documentscreen thean patient'sinsured decisionpatient infor accordancediscounted withcare statepursuant departmentto rules.subsections (1)(b)and(1)(c)ofthissectionPERFORMTHESCREENINGDESCRIBEDINTHIS SECTION AND , IF APPLICABLE,COMPLETE THE APPLICATION PURSUANT TO SECTION 25.5-3-502.5 TO DETERMINE IF THE INSURED PATIENT IS A QUALIFIED PATIENT .
(6) A patient'sS decisionUSED toIN declineTHIS theSECTION screening, thatINFORM is" documentedMEANS andTO compliesCONVEY withREQUIRED stateINFORMATION department,UNLESS rulesOTHERWISE isSPECIFIED aIN completeTHIS defenseSECTION to, aINCLUDING claimTHROUGH broughtVERBAL by, aELECTRONIC patient, underOR sectionOTHER 25.5-3-506FORMATS (2). for a violation of section 25.5-3-506 (1)(a) or (1)(b).
(5)T IfHE requestedHEALTH by-CARE theINSUREDFACILITY patient,SHALL aDOCUMENT health-care facility shallscreenaninsuredpatientfordiscountedcarepursuanttosubsections (1)(b) and (1)(c) of this sePERFORM THE SCREENINGMANNER DESCRIBED IN THISSECTIONANDWHICH ,IFAPPLICABLE,COMPLETETHEAPPLICATIONPURSUANT TO SECTION 25.5-3-502.5TO DETERMINE IF THE INSUREDINFORMATION PATIENTWAS ISPROVIDED A. QUALIFIED PATIENT.
(6)(7) A SHEALTH USED-CARE INFACILITYMAYUSE THISTHE SECTIO,SAME INFORMCOMMUNICATION " MEANS TO CONVEYCOMPLY REQUIREDINFORMATIONWITH ,UNLESSBOTH OTHERWISESTATE SPECIFIEDINTHISSECTION,AND INCLUDINGFEDERAL THROUGHREQUIREMENTS VERBAL ,ELECTRONIC ,OR OTHER FORMATS .
HE HEALTH -CARE FACILITY SHALL DOCUMENT THE MANNER IN WHICH THE INFORMATION WAS PROVIDED .
-13- 138 (7) A HEALTH CARE FACILITY MAY USE THE SAME COMMUNICATION TO COMPLY WITH BOTH STATE AND FEDERAL REQUIREMENTS .
InColoradoRevisedStatutes,add25.5-3-502.5asIn Colorado Revised Statutes, add 25.5-3-502.5 as follows:
PAGE 10-SENATE BILL 26-138 (1) AFTERCOMPLETIONOFTHESCREENINGCONDUCTEDPURSUANTA FTER COMPLETION OF THE SCREENING CONDUCTED PURSUANT TO SECTION 25.5-3-502A25.5-3-502, A HEALTH -CARECARE FACILITY SHALL REQUEST INFORMATION FROM A PATIENT TO COMPLETE A UNIFORM APPLICATION FOR DISCOUNTED CARE I:IF :
(a) THETHEHEALTH HEALTH-CARECAREFACILITYNEEDSMOREINFORMATIONTOMAKE FACILITY NEEDS MORE INFORMATION TO MAKE A DETERMINATION OF WHETHER THE PATIENT HAS QUALIFIED OR IS LIKELY TO QUALIFY FOR DISCOUNTED CARE OR THE HEALTH -CARE FACILITYSFACILITY S FINANCIAL ASSISTANCE PROGRAM , INCLUDING IF THE HEALTH -CAREFACILITYSPOLICYISTOREQUIREANAPPLICATIONPRIORTOCARE MAKINGFACILITYSPOLICYISTOREQUIREANAPPLICATIONPRIORTOMAKINGAFINAL ADETERMINATION FINAL;OR DETERMINATION;OR (b) TEPATIENTREQUESTSANAPPLICATIONTHE ,UNLESSTHEPATIENTPATIENT HASNOBALANCEREMAININGAFTERAPPLYINGANYDISCOUNTSPURSUANTREQUESTS AN APPLICATION ,UNLESS THE PATIENT HAS NO BALANCE REMAINING AFTER APPLYING ANY DISCOUNTS PURSUANT TO SECTION 25.5-3-503OR25.5-3-503 OR THE HEALTH -CARE FACILITYSFACILITY S FINANCIAL ASSISTANCE PROGRAM .
(2) AAHEALTH HEALTHCAREFACILITYSHALLUSETHEUNIFORMAPPLICATION -CARE FACILITY SHALL USE THE UNIFORM APPLICATION DEVELOPED BY THE STATE DEPARTMENT TO COMPLETE THE APPLICATION REQUIRED BY THIS SECTI.NSECTION. (3) U PON COMPLETION AND REVIEW OF THE APPLICATION ,A HEALTH -CARE FACILITY SHAL:
(a)(3) IU THEPON HEALTH-CARECOMPLETION FACILITYAND DETERMINESREVIEW THAT A PATIENT IS A QUALIFIED PATIENT ,PROVIDE THE PATIENT NOTICE OF THE -14-APPLICATION 138, DETERMINATIONA ,THEPATIENTHEALTH SIDENTIFIEDFEDERALPOVERTYGUIDELINE-CARE PERCENTAGEFACILITY ,ANDSHALL: THE PATIENT S MONTHLY INSTALLMENT MAXIMUM PAYMENT AS DESCRIBED IN SECTION 25.5-3-503;
(b)(a) IF THE HEALTH-CARE FACILITY DETERMINES THAT A PATIENT IS NOT A QUALIFIED PATIENT,PATIENT , PROVIDE THE PATIENT NOTICE OF THE DETERMINATION ,WHICH,THE ,IFAPPLICABLEMAYALSOINCLUDENOTICETHATPATIENT'S THEIDENTIFIED PATIENTFEDERAL ISPOVERTY ELIGIBLEGUIDELINE FORPERCENTAGE THE,AND HEALT-CARE FACILITYS FINANCIAL ASSISTANCE PROGRAM AND THE AMOUNTPATIENT OFS ANYMONTHLY DISCOUNTINSTALLMENT OFFEREDMAXIMUM THROUGHPAYMENT THATAS PROGRAMDESCRIBED ,ANDIN SHALLSECTION PROVIDE25.5-3-503; EITHER:
(I)(b) ANIF OPPORTUNITY FOR THE PATIENTHEALTH-CARE TOFACILITY APPEALDETERMINES THETHAT DETERMINATIONA INPATIENT ACCORDANCEIS WITHNOT STATEA DEPARTMENTQUALIFIED RULESPATIENT ;OR, (II)PROVIDE ASTATEMENTTHATTHEPATIENTHASNOBALANCEDUEAFTERTHE APPLYINGANYDISCOUNTSFROMTHEHEALTHPATIENT -CAREFACILITY'SFINANCIALNOTICE ASSISTANCEOF PROGRAM ;AND (c) IF THE HEALTHDETERMINATION CARE,WHICH FACILITY,IF ISAPPLICABL,MAY CERTIFIEDALSO BYINCLUDE THENOTICE STATETHAT DEPARTMENTASAPRESUMPTIVEELIGIBILITYSITEANDDETERMINESTHAT THE PATIENT IS PRESUMPTIVELY ELIGIBLE FOR MEDICALTHE ASSISTANCEHEALTH ,-CARE PROVIDETHEPATIENTNOTICEOFTHEDETERMINATIONANDINFORMATIONFACILITY'S ONFINANCIAL HOWASSISTANCE PROGRAM AND THE PATIENTAMOUNT CANOF ENROLLANY INDISCOUNT PUBLICOFFERED HEALTH-CARETHROUGH COVERAGETHAT .PROGRAM ,AND SHALL PROVIDE EITHER :
SECTION(I) 9.A N OPPORTUNITY FOR THE PATIENT TO APPEAL THE DETERMINATION IN ACCORDANCE WITH STATE DEPARTMENT RULES ;OR PAGE 11-SENATE BILL 26-138 (II) ASTATEMENT THAT THE PATIENT HAS NO BALANCE DUE AFTER APPLYING ANY DISCOUNTS FROM THE HEALTH -CARE FACILITY 'S FINANCIAL ASSISTANCE PROGRAM ;AND (c) IF THE HEALTH -CARE FACILITY IS CERTIFIED BY THE STATE DEPARTMENT AS A PRESUMPTIVE ELIGIBILITY SITE AND DETERMINES THAT THE PATIENT IS PRESUMPTIVELY ELIGIBLE FOR MEDICAL ASSISTANCE , PROVIDE THE PATIENT NOTICE OF THE DETERMINATION AND INFORMATION ON HOW THE PATIENT CAN ENROLL IN PUBLIC HEALTH CARE COVERAGE .
InSECTION9. Colorado Revised Statutes, 25.5-3-503, amend (1) introductory portion and (2)(a) as follows:
InColoradoRevisedStatutes,25.5-3-503,amend(1) introductory portion and (2)(a) as follows:
(1) BeginningSeptember1,2022,ifapatientisscreenedpursuantBeginning September 1, 2022, if a patient is screened pursuant to section 25.5-3-502OR25.5-3-502 OR HAS COMPLETED A UNIFORM APPLICATION PURSUANT TO SECTION 25.5-3-502.5 and is determined to be a qualified patient,ahealth-carefacilityandalicensedhealth-careprofessionalshall,patient, -15-a 138health-care facility and a licensed health-care professional shall, for emergency hospital and other health-care services:
(a) DenyDenydiscountedcareonthebasisthatthepatienthasnotapplied discounted care on the basis that the patient has not applied for any public benefits program, unless during the initialinitialscreening screening the patient is determined to be presumptively eligible for the state medical assistance program;
or SECTION10.SECTION 10.
InColoradoRevisedStatutes,25.5-3-504,amendIn Colorado Revised Statutes, 25.5-3-504, amend (1) introductory portion;
(1) Beginning September 1, 2022,A2022, A health-care facilityfacilityshall shallmake makeinformationdevelopedbythestatedepartmentaboutpatients'rightsinformation developed bythe state department about patients' rights under this part 5 and the uniform applicatAapplication LINK ON THE STATE DEPARTMENT WEBSITE TO ACCESS THE UNIFORM APPLICATION developed bytheby state department pursuant to section 25.5-3-505 (2)(i) available to the publicstate anddepartmentpursuanttosection25.5-3-505(2)(i)availabletothepublicand to each patient.
(2)PAGE THE12-SENATE STATEBILL DEPARTMENT26-138 SHALL(2) POSTHESTATEDEPARTMENTSHALLPOSTTHEUNIFORMAPPLICATION THEDEVELOPED UNIFORMPURSUANT APPLICATIONDEVELOPEDPURSUANTTOSECTIONTO 25.5-3-505(2)(iINALLSECTION 25.5-3-505 (2)(i)IN ALL REQUIRED LANGUAGES ON A PUBLICLY ACCESSIBLE WEBSITE.WEBSITE .
SECTION11.SECTION 11.
InColoradoRevisedStatutes,25.5-3-505,amendIn Colorado Revised Statutes, 25.5-3-505, amend (2) introductoryportion,introductory portion, (2)(c)(II), (2)(d), (2)(e), (2)(f), (2)(g), (2)(i), (5) introductoryportion,introductory portion, (5)(b)(I), and (5)(b)(II);
andadd(2)(d.5)and(7)and add (2)(d.5) and (7) as follows:
Health-careHealth-carefacilityreportingrequirements-agency facility reporting requirements - agency enforcement - report - rules.
(2) No later than April 1, 20221,2027,2022ULY 1, 2027, the state board shall promulgate ADOPT rules necessary for the administration and -16- 138 implementation of this part 5.
(II) RequestRequestinformationfromthe informationA frompatientneededforthescreening theprocess AIF patientTHE neededHEALTH-CARE forFACILITY theCONDUCTS screeningprocessIFTHEHEALTHA -CAREFACILITYCONDUCTSASCREENINGSCREENING USING THE UNIFORMUNIFORMSCREENINGQUESTIONNAIREASDESCRIBEDINSECTION SCREENING QUESTIONNAIRE AS DESCRIBED IN SECTION 25.5-3-502 (2);
and (d) OutlinetherequirementsfornotifyingthepatientoftheresultsOutline the requirements for notifying the patient of the results of the screening, including:
(I) Anexplanationofthebasisforadenialofdiscountedcare;andAn (II)explanation Theof processthe basis for appealing a denial COMPLETINGof ANdiscounted APPLICATIONcare; TO PROVIDE MORE INFORMATION TO DETERMINE WHETHER THE PATIENT IS A QUALIFIED PATIEN;
(d.5)and ESTABLISH(II) ATheprocessforappealingadenial PROCESSCOMPLETINGANAPPLICATION FORTO ANDPROVIDE THEMORE MAXIMUMINFORMATION NUMBERTO OFDETERMINE DAYSWHETHER THATTHE APATIENT HEALTHIS -CAREA FACILITYQUALIFIED HASPATIENT TO:;
(I)(d.5) REQUESTESTABLISH INFORMATIONA FROMPROCESS THEFOR PATIENTAND TO COMPLETE AN APPLICATION ,IF THE APPLICATIONMAXIMUM ISNUMBER REQUIREDOF PURSUANTDAYS TOTHAT SECTIONA 25.5-3-502.5;ANDHEALTH (II)-CARE CFACILITY OMPLETEHAS THETO APPLICATION: PROCESS AS DESCRIBED IN SECTION 25.5-3-502.5;
(e)(I) EstablishguidelinesforpatientappealsregardingeligibilityforREQUEST discountedINFORMATION careFROM pursuantTHE toPATIENT sectionTO 25.5-3-503-3-502.5;COMPLETE AN APPLICATION , IF THE APPLICATION IS REQUIRED PURSUANT TO SECTION 25.5-3-502.5;AND PAGE 13-SENATE BILL 26-138 (II) COMPLETETHEAPPLICATIONPROCESSASDESCRIBEDINSECTION 25.5-3-502.5;
(f)(e) EstablishamethodologythatallCCEPTABLEMETHODOLOGIESEstablish FORguidelines health-carefor facilitiespatient mustappeals useregarding toeligibilityfor determinediscounted monthlycare householdpursuant income.to section 25.5-3-503.5-3-502.5;
FOR(f) PURPOSESEstablish OFa THEmethodology SCREENINGthat CONDUCTEDallCEPTABLE PURSUANTMETHODOLOGIES TOFOR SECTIONhealth-carefacilitiesmustusetodeterminemonthlyhouseholdincome. 25.5-3-502,THE USE OF AN INDUSTRYSTANDARD THIRD -PARTY RESOURCE , INCLUDING MAJOR CREDIT BUREAUS , IS AN ACCEPTABLE -17- 138 METHODOLOGY .
FOR PURPOSES OF THE SCREENING CONDUCTED PURSUANT TO SECTION 25.5-3-502,THE USE OFANINDUSTRY -STANDARDTHIRD -PARTYRESOURCE , INCLUDING MAJOR CREDIT BUREAUS ,IS AN ACCEPTABLE METHODOLOGY .
(g) FORFORPURPOSESOFTHEAPPLICATION PURPOSES,identifythedocumentsthat OFmayberequiredtoestablishincomeeligibilityfordiscountedcareusingthe THE APPLICATIO, identify the documents that may be required to establish income eligibility for discounted care using the minimum amount of information needed to determine eligibility;
(i) Createauniformapplicationthatahealth-carefacilitymustuseCreate whena ANuniform APPLICATIONapplication ISthat REQUIRED AFTER screening a patienthealth-care forfacilitymust eligibilityuse forwhen discountedANAPPLICATIONISREQUIREDAFTER care,screeningapatientforeligibility asfordiscountedcare,asdescribedinsection25.5-3-502 describedSECTIONS25.5-3-502 inAND section25.5-3-502.5; 25.5-3-502 SECTIONS 25.5-3-502AND 25.5-3-502.5AND (5) No later than April 1, 2022,state department:
and (5) No later than April 1, 2022,he state department:
(b) (I) SHALLHALL establish a process for patients to submit a complaint relatingrelatingtononcompliancewiththispart5tothestatedepartmentbyphone, toBY noncompliance with this part 5 to the state department by phone,BY mail, or online.
The state department shall conduct a reviewOF A PATIENTSPATIENT S COMPLAINT within thirty days after receivingreceivinTHE aHE complaint.
(II)(A)(II) ThestatedepartmeShallperiodicallyreviewhealth-care(A) facilitiesandlicensedhealth-careprofessionalstoensurecompliancewithThe thisstate sectionUALIFIEDdepartmenthall PATIENTSperiodically AREreview IDENTIFIEDhealth-care INfacilities COMPLIANCEand WITHlicensed THIShealth-care PARTprofessionals 5,AREto NOTensure CHARGEDcompliance MOREwith THANthissectionQUALIFIEDPATIENTSAREIDENTIFIEDINCOMPLIANCEWITHTHIS THEPART DISCOUNTED5,ARENOTCHARGEDMORETHANTHEDISCOUNTEDRATEESTABLISHED RATEIN ESTABLISHEDINSTATEBOARDRULESPURSUANTTOSUBSECTIONSTATE (2)(jOFBOARD RULES PURSUANT TO SUBSECTION (2)(j)OF THIS SECTION,ARESECTION, ARE OFFERED INSTALLMENT PAYMENTS AS REQUIRED BY SECTION 25.5-3-503AND25.5-3-503,AND DO NOT HAVE THEIR DEBT ASSIGNED OR SOLD BEFOREALLREQUIREMENTSOFSECTIONBEFORE 25.5-3-506AREMETALL .THEREVIEWREQUIREMENTS SHALLBECONDUCTEDINACCORDANCEWITHSTATEDEPARTMENTRULES , -18- 138 AND THE FREQUENCY ,SAMPLE SIZE,AND TIMELINE OF THESECTION REVIEW25.5-3-506 MUSTARE BEMET REASONABLE. CONSIDERING THE SIZE AND RESOURCES OF THE HEALTH -CARE FACILIT.
(B)THE IfREVIEW theSHALL stateBE departmentPAGE finds14-SENATE thatBILL a26-138 health-careCONDUCTED facilityIN orACCORDANCE licensedWITH health-careSTATE professionalDEPARTMENT isRULES not, in compliance with this section, AND THE NONCOMPLIANCEFREQUENCY HAS,SAMPLE RESULTEDSIZE IN, AAND DELAYTIMELINE OR DENIAL OF A DISCOUNT OWED TO A PATIENT AS A RESULT OF THE SCREENINGREVIEW ORMUST APPLICATIONBE REQUIREDREASONABLECONSIDERINGTHESIZEANDRESOURCESOFTHEHEALTH PURSUANT TO SECTION 25.5-3-502 OR 25.5-3-502.5,AS A RESULT OF THE HEALTH -CARE FACILITYFACILITY. OR THE LICENSED HEALTH -CARE PROFESSIONAL CHARGING THE PATIENT MORE THAN THE DISCOUNTED RATE ESTABLISHED IN STATE DEPARTMENT RULE PURSUANT TO SECTION 25.5-3-505 (2)(jDUE TO A FAILURE TO OFFER INSTALLMENT PAYMENTS PURSUANT TO SECTION 25.5-3-503OR DUE TO THE ASSIGNING OR SELLING OF PATIENT DEBT TO A COLLECTION AGENCY INVIOLATIONOFSECTION 25.5-3-506,thestatedepartmentshallnotifythe health-carefacilityorlicensedhealth-careprofessionalandthefacilityor professional has ninety daysTER NOTIFICATION to file a corrective action plan with the state department.
thatTHE(B) NONCOMPLIANCEIf RESULTEDINEXCESSCHARGESTOTHEPATIENTthe THECORRECTIVEACTIONstate department finds that a health-care facility or licensedhealth-careprofessionalisnotincompliancewiththissection,D THENONCOMPLIANCEHASRESULTEDINADELAYORDENIALOFADISCOUNT OWED TO A PATIENT AS A RESULT OF THE SCREENING OR APPLICATION REQUIREDPURSUANTTOSECTION 25.5-3-502 OR25.5-3-502.5,ASARESULT OF THE HEALTH -CARE FACILITY OR THE LICENSED HEALTH -CARE PROFESSIONALCHARGING THE PATIENT MORE THAN THE DISCOUNTED RATE ESTABLISHED IN STATE DEPARTMENT RULE PURSUANT TO SECTION 25.5-3-505 (2)(j)DUE TO A FAILURE TO OFFER INSTALLMENT PAYMENTS PURSUANTTOSECTION 25.5-3-503ORDUETOTHEASSIGNINGORSELLINGOF PATIENT DEBT TO A COLLECTION AGENCY IN VIOLATION OF SECTION 25.5-3-506, the state department shall notify the health-care facility or licensed health-care professional and thefacilityorprofessional has ninety days AFTER NOTIFICATION to file a corrective action plan with the state department.thatFTHENONCOMPLIANCERESULTEDINEXCESSCHARGESTO THE PATIENT ,THE CORRECTIVE ACTION PLAN must include measures to inform the patient about the noncomplianceandprovideafinancialcorrectionconsistentwiththispartnoncompliance and provide a financial correction consistent with this part 5.
A health-care facilityorfacility or licensed health-care professional mayrequestmay request up to one hundred twenty days to submit a corrective action plan.
The statedepartmentmayrequireahealth-carefacilityorlicensedhealth-carestate professionaldepartment thatmay isrequire nota inhealth-care compliancefacility with this part 5 or anylicensed statehealth-care boardprofessional rulesthat adoptedis pursuantnot toin thiscompliancewiththispart5oranystateboardrulesadoptedpursuanttothis part 5 to develop and operate under a corrective action plan until the state department determines the -19- 138 health-care facilityorfacility or licensed health-care professionalisincompliance.professional is in compliance.
(C) IFI F A HEALTH-CAREHEALTH FACILITYS-CARE FACILITY S OR LICENSED HEALTH-CAREHEALTH PROFESSIONAL'SNONCOMPLIANCEWITHTHISPART-CARE 5DIDNOTRESULTINAPROFESSIONAL S NONCOMPLIANCE WITH THIS PART 5 DID NOT RESULT IN A DELAY OR DENIAL OF A DISCOUNT OWED TO A PATIENT ,,THE THE STATE DEPARTMENT MAY NOTIFY THE HEALTH CARE FACILITY OR LICENSED HEALTH -CARE PROFESSIONAL OF THE NONCOMPLIANCE FOR PURPOSES OF QUALITY IMPROVEMENT .
(7) (a) HETHE STATE DEPARTMENT SHALL COMPLY WITH SECTION 24-4-103 (1)WHEN(1) WHEN IMPOSING CHANGES TO THE UNIFORM SCREENING QUESTIONNAIREPAGE ,CHANGES15-SENATE TOBILL THE26-138 APPLICATION,NEWQUESTIONNAIRE REQUIREMENTS,CHANGESTOTHEAPPLICATION ,,NEWREQUIREMENTS NEW,NEW REPORTING OBLIGATIONS,NEWOBLIGATIONS ,NEW DOCUMENTATION STANDARDS ,NEW DATA ELEMENTS ,OR NEW PROGRAM CRITERIA.CRITERIA .
THE STATE DEPARTMENT SHALL ENSURE THE CHANGES OR NEW REQUIREMENTS ARE:ARE :
(I) AOPTEDBYRULEPURSUANTTOTHEADOPTED "STATEBY RULE PURSUANT TO THE "S TATE ADMINISTRATIVE PROCEDURE ACT",ARTICLE4A OFTITLE24,BYCT",ARTICLE 4 OF TITLE24 BY SEPTEMBER 1,2026,FOR1, 2026,FOR A RULE THAT WILL GO INTO EFFECT DURING TO T2026-27THE 2026-27 STATE FISCAL YEARYEARANDEVERYYEARTHEREAFTERBY AND EVERY YEAR THEREAFTER BY JUNE 1PRIOR1PRIORTOTHESTATEFISCAL TO THE STATE FISCAL YEAR FOR WHICH THE RULE WILL GO INTO EFF;ANDEFFECT;AND (II) SUBJECT TO STAKEHOLDER ENGAGEMENT PURSUANT TO SUBSECTION (4)OF THIS SECTI.NSECTION. (b) ANY CHANGE OR NEW REQUIREMENT DESCRIBED IN SUBSECTION (7)(aOF THIS SECTION THAT WAS NOT ADOPTED THROUGH RULE MAKINGISADVISORYONLYANDDOESNOTSERVEASTHEBASISFOR ENFORCEMENT .
(c)(b) TESTATEDEPARTMENTSHALLMAINTAINANUPDATEDPUBLICANYCHANGE ARCHIVEOFALLMANUALSANDSUBREGULATORYISSUANCESOR ,INCLUDINGNEWREQUIREMENT THEDESCRIBEDINSUBSECTION RATIONALE(7)(aOFTHISSECTIONTHATWASNOTADOPTEDTHROUGHRULE FOR-MAKINGIS CHANGESADVISORY ONLY AND CITATIONSDOES TONOT STATUTORYSERVE ORAS -20-THE 138BASIS REGULATORY AUTHORITY FOR EACHENFORCEMENT CHANGE OR NEW REQUIREMENT .
(d)(c) THIS SUBSECTIO(7)DOES NOT APPLY TO RULES ADOPTED BY THE STATE DEPARTMENT ORSHALL THEMAINTAIN STATEAN BOARDUPDATED TOPUBLIC UPDATEARCHIVE ANNUALOF FEDERALALL POVERTYMANUALS GUIDELINESAND ORSUBREGULATORY INISSUANCES RESPONSE,INCLUDING TOTHE EMERGENTRATIONALE ANDFOR IMMEDIATECHANGES TRENDSAND THATCITATIONS ARETO IDENTIFIEDSTATUTORY BY CONSUMERS OR HOSPITALSREGULATORY ASLIMITINGTHEPROGRAMAUTHORITY SEFFECTIVENESSANDAREDEMONSTRATEDBYFOR DATAEACH SUBMITTEDCHANGE TO THE STATE DEPARTMENT OR THENEW STATEREQUIREMENT BOARD..
SECTION(d) 12.THIS SUBSECTION (7)DOES NOT APPLY TO RULES ADOPTED BY THESTATEDEPARTMENTORTHESTATEBOARDTOUPDATEANNUALFEDERAL POVERTY GUIDELINES OR IN RESPONSE TO EMERGENT AND IMMEDIATE TRENDS THAT ARE IDENTIFIED BY CONSUMERS OR HOSPITALS AS LIMITING THE PROGRAM 'S EFFECTIVENESS AND ARE DEMONSTRATED BY DATA SUBMITTED TO THE STATE DEPARTMENT OR THE STATE BOARD .
InSECTION12. Colorado Revised Statutes, 25.5-4-402.8, amend (2)(b) introductory portion, (2)(b)(II)(A), and (2)(e) as follows:
InColoradoRevisedStatutes,25.5-4-402.8,amend (2)(b) introductory portion, (2)(b)(II)(A), and (2)(e) as follows:
HospitaltransparencyreportandrequirementsHospital transparency report and requirements - definitions - rules.
(2) (b) Except as provided in subsection (2)(c) of this section, eachhospitallicensedpursuanttopart1ofarticle3oftitle25,orcertifiedeach pursuanttosection25-1.5-103(1)(a)(II),shallmakeinformationavailablehospital licensed pursuant to part 1 of article 3 of title 25, or certified pursuant to section 25-1.5-103 (1)(a)(II), shall make information available to the state department for purposes of preparing the annual hospital transparencyPAGE report.16-SENATE BILL 26-138 transparencyreport.Thestateboardshallestablishthe CONTENTAND format of the information provided by each hospital on an annual basis RULE , ESTABLISHING THE FORMAT FOR INFORMATION FOR THE 2026 ANNUAL REPORTASTHEDEFAULTFORMATUNLESSMODIFIEDBYRULE .Eachhospital shall provide the following information to the state departmentON AN ANNUAL BASIS USING THE MOST RECENT CONTENT AND FORMAT REQUIREMENTS THAT WERE ADOPTED BY THE STATE BOARD AT LEAST THIRTY DAYS PRIOR TO THE BEGINNING OF THE HOSPITAL S FISCAL YEAR :
The(II)(A) stateAnnualauditedfinancialstatements,preparedinaccordance boardwith shallgenerally establishaccepted theANDaccounting formatoftheinformationprovidedbyeachhospitalonanannualbasisYprinciples. RULE ,ESTABLISHING THE FORMAT FOR INFORMATION FOR THE 2026 ANNUAL REPORT AS THE DEFAULT FORMAT UNLESS MODIFIED BY RULE .
Each hospital shall providesubmit the followingstatements informationwithin toone thehundred statetwenty departmentONANANNUALBASISUSINGTHEMOSTRECENTCONTENTANDFIFTYdays FORMATafter REQUIREMENTSthe THATend WEREof ADOPTEDits BYfiscal THEyear STATEunless BOARDthe ATstate LEASTdepartment THIRTYgrants DAYSan PRIORextension TOin THEwriting BEGINNINGin OFadvance THEof HOSPISthat FISCALdate. YEAR :
(II)(e) (A)Prior Annualto auditedissuing financialthe statements,hospital preparedtransparency inreport, accordancewithgenerallyacceptedthe accountingstate principles.Eachhospitaldepartment shall submitprovide theany statementshospital withinreferenced onein hundredthe twentyayshospital aftertransparency -21-report 138a thecopy end of itstheRAFT fiscalreportBY yearD unlessECEMBER the1 stateOF departmentEACH grantsYEAR an. extension in writing in advance of that date.
(e)Each PriorhospitalAND toA issuingSTATEWIDE theHOSPITAL hospitalASSOCIATION transparencymust report,have thea stateminimum departmentof shallfifteen provideBUSINESS anydays hospitalto referencedreview in the hospital transparencyreporttransparency areport copyofand theFTany reporBYunderlying DECEMBERdata 1OFand EACHsubmit YEARcorrections .EachhospitaANDASTATEWIDEHOSPITALASSOCIATIONor musthaveclarifications a minimum of fifteenSINESS days to review the hospital transparency reportandanyunderlyingdataandsubmitcorrectionsorclarificationsto the state department.
SECTIONSECTION13. 13.
InInColoradoRevisedStatutes,6-20-201,amendthe Colorado Revised Statutes, 6-20-201, amend the introductory portion and (1) as follows:
For the purposes ofSof A S USED INthisIN this part 2, unless the context otherwise requires:
(1) "Collection activity" means only those activities provided or performedperformedbyalicensedcollectionagency,usingabusinessnameotherthan by a licensed collection agency, using a business name other than the name of the health-care provider, for purposes of collecting aaAL MEDICALdebt.Thetermdoesnotincludeanystandardbillingproceduresusedbythe debt.Thetermdoesnotincludeanystandardbillingprocedureshealth-careprovideroritsagentinthenormalcourseofbusinessoncurrent, used by the health-care provider or its agent in the normal course of business on current, nondelinquent accounts.
PAGE 17-SENATE BILL 26-138 6-20-203.
(5) BeginningSeptember1,2022,amedicalcreditorcollectingonBeginning September 1, 2022, a medical creditor collecting on a debt for hospital services shall not sell a medical debt to another party unless, prior to the sale, the medical debt seller has entered into a legally bindingbindingwrittenagreementwiththemedicaldebtbuyerofthedebtpursuant written agreement with the medical debt buyer of the debt -22- 138 pursuant to which:
(b) The debt is returnable to or recallable bybythe the medical debt seller upon a determination that the patient should have been screened pursuant totosection25.5-3-502 sectionSECTIONS 25.5-3-502CTIONS 25.5-3-502 AND 25.5-3-502.525.5-3-502.5andiseligible andfordiscountedcarepursuanttosection25.5-3-503orthatthebillunderlying the medical debt is eligible for discountedreimbursement carethroughapublic pursuant to section 25.5-3-503 or that thebillunderlyingthemedicaldebtiseligibleforreimbursementthrough a public health-care coverage program;
and (c) If it is determined that the patient should have been screened pursuantpursuanttosection25.5-3-502 toSECTIONS section 25.5-3-502CTIONS 25.5-3-502 AND 25.5-3-502.525.5-3-502.5and andiseligiblefordiscountedcarepursuanttosection25.5-3-503orthatthebill isunderlying eligiblethe formedical discounteddebt careis pursuanteligible tofor sectionreimbursement 25.5-3-503through or that thebillunderlyingthemedicaldebtiseligibleforreimbursementthrough a public health-care coverage program and the debt is not returned to or recalledbythemedicaldebtseller,themedicaldebtbuyershalladheretorecalled proceduresby thatthe mustmedical bedebt specifiedseller, in the agreementmedical thatdebt ensuresbuyer theshall patientadhere willto notprocedures pay,thatmustbespecifiedintheagreementthatensuresthepatientwillnotpay, and has no obligation to pay, the medical debt buyer and the medical creditorcreditortogethermorethanthepatientispersonallyresponsibleforpaying. together more than the patient is personally responsible for paying.
InColoradoRevisedStatutes,12-220-306,amendIn Colorado Revised Statutes, 12-220-306, amend (4) as follows:
Dentistsmayprescribedrugs-surgicaloperationsDentists may prescribe drugs - surgical operations - anesthesia - limits on prescriptions - rules.
(4) AlicenseddentistisstronglyencouragedtopurchaseorutilizeA anlicensed electronicdentist healthis productstrongly thatencouraged includesto integrationpurchase ofor autilize toolanelectronichealthproductthatincludesintegrationofatoolthatfacilitates that facilitates dentists' compliance with prescription drug monitoring standards.
InColoradoRevisedStatutes,12-240-130,amendIn Colorado Revised Statutes, 12-240-130, amend (2)(a)(II);
-23- 138 12-240-130.
Renewal,Renewal,reinstatement,reactivation-delinquency reinstatement,PAGE reactivation18-SENATE -BILL delinquency26-138 - fees - questionnaire.
(2) (a) The board shall design a questionnaire to accompany the renewalformforthepurposeofdeterminingwhetheralicenseehasactedrenewal form for the purpose of determining whether a licensee has acted in violation of this article 240 or has been disciplined for any action that might be considered a violation of this article 240 or that might make the licensee unfit to practice medicine with reasonable care and safety.
(II) The licensee is in compliance with section 12-280-403 (2)(a) and is aware of the penalties for failing to complywithcomply with that section;section;ND (III) The licensee is in compliance with section 12-30-114;
(III)and The(5) On and after October 1, 2022, as a condition of renewal, reinstatement, or reactivation of a license, each licensee or applicant shall attestthatthelicenseeorapplicantisincompliancewithsection12-30-114 and that the licensee or applicant is inaware complianceof the penalties for noncompliance with sectionthat 12-30-114;section.
andSECTION17. (5) On and after October 1, 2022, as a condition of renewal, reinstatement,orreactivationofalicense,eachlicenseeorapplicantshall attest that the licensee or applicant is in compliance with section 12-30-114 and that the licensee or applicant is aware of the penalties for noncompliance with that section.
SECTIONInColoradoRevisedStatutes,12-240-130.5,amend 17.(6) as follows:
In Colorado Revised Statutes, 12-240-130.5, amend (6) as follows:
and (b)CME(b) creditCMEcredithourscoveringatopicspecifiedbytheboardbyrule hours covering a topic specified by the board by rule pursuant to subsection (7)(b) of this section.
-24-SECTION 13818. SECTION18.
InColoradoRevisedStatutes,25-1.5-103,amendIn Colorado Revised Statutes, 25-1.5-103, amend (1)(a)(I)(A) and (1)(a)(I)(F) as follows:
Healthfacilities-powersanddutiesofdepartmentHealth facilities - powers and duties of department PAGE 19-SENATE BILL 26-138 - rules - limitations on rules - definitions - repeal.
(1) The department has, inadditiontoin addition to all other powers and duties imposed upon it bylaw,by law, the powers and dutiesprovidedinthisduties provided in this section as follows:
(a)(a)(I)(A) (I)Toannually (A)licenseandtoestablishandenforcestandards To annuallylicense and to establish and enforce standards for the operation of general hospitals, hospital units as defined in section 25-3-10125-3-101(2)(b),freestandingemergencydepartmentsasdefinedinsection (2)(b),25-1.5-114 freestanding(5)(b)(I), emergencycritical departmentsaccess hospitals as definedinsection25-1.5-114(5)(b)(I),criticalaccesshospitalsasdefineddefined in section 25-1.5-114.525-1.5-114.5(1)(b),psychiatrichospitals,communityclinics,rehabilitation (1)(b), psychiatric hospitals, community clinics, rehabilitation hospitals, convalescent centers, facilities for persons with intellectualanddevelopmentaldisabilities,nursingcarefacilities,hospiceintellectual and developmental disabilities, nursing care facilities, hospice care, assisted living residences, dialysis treatment clinics, ambulatory surgicalcenters,birthingcenters,homecareagencies,andotherfacilitiessurgical ofcenters, abirthing likecenters, nature,home exceptcare thoseagencies, wholly owned and operatedother byfacilities of a governmentallike unitnature, orexceptthosewhollyownedandoperatedbyagovernmentalunitoragency. agency.
(F) Sections 24-4-104 C.R.andC.R.S., and 25-3-102 govern the issuance, suspension,suspension,renewal,revocation,annulment,ormodificationoflicenses.All renewal,licenses revocation,annulment,issued orbythe modificationdepartment must contain the date of licenses.issue.
Alland licensescover issuedatwelve-monthperiod.Nothingcontainedinthisparagraph(a) bytheSUBSECTION (1)(a) prevents the department mustfrom containadopting and enforcing, with respect to projects for which federal assistance has been obtained or is requested, higher standards as may be required by applicable federal laws or regulations of federal agencies responsible for the dateadministration of issue.applicable federal laws.
andSECTION cover19. a twelve-month period.othing contained in this paragraph (a) SUBSECTION (1)(a)preventsthedepartmentfromadoptingandenforcing, withrespecttoprojectsforwhichfederalassistancehasbeenobtained or is requested, higher standards as may be required by applicable federal lawsorregulationsoffederalagenciesresponsiblefortheadministration of applicable federal laws.
-25- 138 SECTION 19.
Section 25-3-102,ColoradoRevisedStatutes,asamendedinsection25-3-102, 5ofColorado thisact,Revised andsection25-1.5-103,ColoradoRevisedStatutes,asamendedinsectionStatutes, 18as amended in section 5 of this act, and section 25-1.5-103, Colorado Revised Statutes, as amended in section of this act, take effect July1,July 1, 2028, and the remainder of this act takes effect at 12:01 a.m.
on the dayfollowingday following the expiration of the ninety-day period after final adjournment of the general assembly;
except that, if a referendumreferendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approvedapprovedbythepeopleatthegeneralelectiontobeheldinNovember2026 by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor;
except that section 25-3-102, Colorado RevisedPAGE Statutes,20-SENATE asBILL amended26-138 in section this act, and section 25-1.5-103, Colorado Revised Statutes, as amended in section8section 5 of this act, and section 25-1.5-103,ColoradoRevisedStatutes,asamendedinsection18ofthisact, take effect July 1, 2028.
-26-____________________________ 138____________________________ James Rashad Coleman, Sr.
Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 21-SENATE BILL 26-138
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Action History
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Governor Signed
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Signed by the President of the Senate
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Signed by the Speaker of the House
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Sent to the Governor
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Senate Considered House Amendments - Result was to Concur - Repass
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House Third Reading Passed with Amendments - Floor
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House Second Reading Special Order - Passed with Amendments - Committee, Floor
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House Committee on Health & Human Services Refer Amended to House Committee of the Whole
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Senate Third Reading Passed - No Amendments
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Introduced In House - Assigned to Health & Human Services
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Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
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Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
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Senate Committee on Health & Human Services Refer Amended to Appropriations
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Introduced In Senate - Assigned to Health & Human Services
Sponsors
- K. McCormick · Cosponsor
- J. McCluskie · Cosponsor
- M. Lindsay · Cosponsor
- M. Duran · Cosponsor
- A. Boesenecker · Cosponsor
- J. Bacon · Cosponsor
- K. Stewart · Primary
- Lindsey Daugherty · Primary
- Kyle Mullica · Primary
- Scott Bright · Cosponsor
- John Carson · Cosponsor
- James Coleman · Cosponsor
- Lisa Cutter · Cosponsor
- Jessie Danielson · Cosponsor
- Tony Exum · Cosponsor
- Cathy Kipp · Cosponsor
- Janice Marchman · Cosponsor
- Dylan Roberts · Cosponsor
- Matt Ball · Cosponsor
- Jeff Bridges · Cosponsor
- Iman Jodeh · Cosponsor
- Chris Kolker · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 19 co-sponsors · 79 not signed on · 8 voted No
Sponsors (3)
- K. Stewart
- Lindsey Daugherty Democrat
- Kyle Mullica Democrat
Co-sponsors (19)
- K. McCormick
- J. McCluskie
- M. Lindsay
- M. Duran
- A. Boesenecker
- J. Bacon
- Scott Bright Republican
- John Carson Republican Voted No
- James Coleman Democrat
- Lisa Cutter Democrat
- Jessie Danielson Democrat
- Tony Exum Democrat
- Cathy Kipp Democrat
- Janice Marchman Democrat
- Dylan Roberts Democrat
- Matt Ball Democrat
- Jeff Bridges Democrat
- Iman Jodeh Democrat
- Chris Kolker Democrat
Not signed on (79)
79 members have not signed on to this bill.
Show all 79 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 21 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 1 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 35 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Gonzales J. | — | Yea |
| Pelton B. | — | Yea |
| Pelton R. | — | Yea |
| President | — | Yea |
| Adrienne Benavidez | — | Yea |
| Cathy Kipp | Democrat | Yea |
| Chris Kolker | Democrat | Yea |
| Dylan Roberts | Democrat | Yea |
| Iman Jodeh | Democrat | Yea |
| James Coleman | Democrat | Yea |
| Janice Marchman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Katie Wallace | Democrat | Yea |
| Kyle Mullica | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Marc Snyder | Democrat | Yea |
| Matt Ball | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Nick Hinrichsen | Democrat | Yea |
| Robert Rodriguez | Democrat | Yea |
| Tom Sullivan | Democrat | Yea |
| Tony Exum | Democrat | Yea |
| William Lindstedt | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Janice Rich | Republican | Yea |
| John Carson | Republican | Yea |
| Larry Liston | Republican | Not Voting |
| Lisa Frizell | Republican | Yea |
| Lynda Zamora Wilson | Republican | Yea |
| Marc Catlin | Republican | Yea |
| Mark Baisley | Republican | Yea |
| Scott Bright | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 21 | 0 | 0 | 0 |
| Republican | 5 | 4 | 0 | 1 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 31 | 4 | 0 | 1 |
| % of votes cast | 86% | 11% | 0% | 3% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Gonzales J. | — | Yea |
| Pelton B. | — | Yea |
| Pelton R. | — | Yea |
| President | — | Yea |
| Adrienne Benavidez | — | Yea |
| Cathy Kipp | Democrat | Yea |
| Chris Kolker | Democrat | Yea |
| Dylan Roberts | Democrat | Yea |
| Iman Jodeh | Democrat | Yea |
| James Coleman | Democrat | Yea |
| Janice Marchman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Katie Wallace | Democrat | Yea |
| Kyle Mullica | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Marc Snyder | Democrat | Yea |
| Matt Ball | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Nick Hinrichsen | Democrat | Yea |
| Robert Rodriguez | Democrat | Yea |
| Tom Sullivan | Democrat | Yea |
| Tony Exum | Democrat | Yea |
| William Lindstedt | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Janice Rich | Republican | Nay |
| John Carson | Republican | Nay |
| Larry Liston | Republican | Not Voting |
| Lisa Frizell | Republican | Yea |
| Lynda Zamora Wilson | Republican | Nay |
| Marc Catlin | Republican | Yea |
| Mark Baisley | Republican | Nay |
| Scott Bright | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 4 | 0 | 0 |
| Democrat | 8 | 0 | 0 | 0 |
| Total | 9 | 4 | 0 | 0 |
| % of votes cast | 69% | 31% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Eliza Hamrick | Democrat | Yea |
| Gretchen Rydin | Democrat | Yea |
| Karen McCormick | Democrat | Yea |
| Katie Stewart | Democrat | Yea |
| Lindsay Gilchrist | Democrat | Yea |
| Lisa Feret | Democrat | Yea |
| Regina English | Democrat | Yea |
| Sheila Lieder | Democrat | Yea |
| Brandi Bradley | Republican | Nay |
| Carlos Barron | Republican | Nay |
| Dan Woog | Republican | Nay |
| Dusty Johnson | Republican | Nay |
| Mary Bradfield | Republican | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 21 | 0 | 0 | 0 |
| Republican | 7 | 3 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 33 | 3 | 0 | 0 |
| % of votes cast | 92% | 8% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Gonzales J. | — | Yea |
| Pelton B. | — | Yea |
| Pelton R. | — | Yea |
| President | — | Yea |
| Adrienne Benavidez | — | Yea |
| Cathy Kipp | Democrat | Yea |
| Chris Kolker | Democrat | Yea |
| Dylan Roberts | Democrat | Yea |
| Iman Jodeh | Democrat | Yea |
| James Coleman | Democrat | Yea |
| Janice Marchman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Katie Wallace | Democrat | Yea |
| Kyle Mullica | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Marc Snyder | Democrat | Yea |
| Matt Ball | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Nick Hinrichsen | Democrat | Yea |
| Robert Rodriguez | Democrat | Yea |
| Tom Sullivan | Democrat | Yea |
| Tony Exum | Democrat | Yea |
| William Lindstedt | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Janice Rich | Republican | Nay |
| John Carson | Republican | Yea |
| Larry Liston | Republican | Yea |
| Lisa Frizell | Republican | Yea |
| Lynda Zamora Wilson | Republican | Nay |
| Marc Catlin | Republican | Yea |
| Mark Baisley | Republican | Nay |
| Scott Bright | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 0 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Total | 6 | 1 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Chris Kolker | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Julie Gonzales | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Nay |
| Byron Pelton | Republican | Yea |
| Larry Liston | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Chris Kolker | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Julie Gonzales | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Byron Pelton | Republican | Yea |
| Larry Liston | Republican | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Democrat | 5 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Iman Jodeh | Democrat | Yea |
| Kyle Mullica | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Lisa Frizell | Republican | Yea |
| Scott Bright | Republican | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does SB 138 do?
- Section 2 of the act repeals a requirement that health-care profession regulators adopt rules that require each licensed health-care provider, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle in order to demonstrate competency regarding topics related to prescribing drugs and treatment. Section 3 authorizes the Colorado dental board to adopt rules that require every dentist, dental therapist, and dental hygienist, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle regarding topics related to prescribing drugs and treatment. Section 4 requires a licensed veterinarian to complete at least 1 hour of training per renewal period regarding topics related to prescribing drugs and treatment. Section 5 changes the frequency at which specific health-care facilities are required to apply for a license issued by the department of public health and environment from annually to every 2 years. Under current law, a health-care facility is required to screen each uninsured patient for eligibility for public health insurance programs and discounted care (screening) utilizing a single uniform application developed by the department of health care policy and financing (state department). Sections 6 through 11 change this requirement by:Changing the method used to conduct the screening from a uniform application to use of a third-party resource, such as a major credit bureau, or use of a uniform screening questionnaire (questionnaire) developed by the state department;Allowing a health-care facility the option of screening a patient for eligibility for the health-care facility's financial assistance program;Requiring a health-care facility to provide specified notifications upon completion of the screening;Creating an application for discounted care (application) for use by a health-care facility upon completion of the screening through which additional information is requested from a patient to determine whether the patient qualifies or is likely to qualify for public health-care coverage or discounted care;Requiring a health-care facility to provide specified notice and appeal rights to a patient upon completion and review of the application; andRequiring the state department to adopt rules regarding the questionnaire and application. Section 11 also narrows state department review requirements of health-care facilities' and licensed health-care professionals' billing for patients who are indigent. The act prohibits the state department from making changes to regulatory documents or imposing new requirements unless the changes or new requirements are adopted by rule by specified dates and are subject to stakeholder engagement. Section 12 requires the state department to establish by rule the content and format of the information each hospital must provide to the state department for a hospital transparency report at least 30 days prior to the hospital's fiscal year. The act changes the deadline for a hospital to submit to the state department an annual audited financial statement from 120 days to 150 days after the end of the hospital's fiscal year. Current law requires that each hospital has a minimum of 15 days to review the hospital transparency report; the act specifies that the review period is 15 business days and requires that a statewide hospital association must also have a minimum of 15 business days to review the report.(Note: This summary applies to this bill as enacted.)
- Who sponsors SB 138?
- SB 138 is sponsored by K. McCormick, J. McCluskie, M. Lindsay, M. Duran, A. Boesenecker, J. Bacon, K. Stewart, Lindsey Daugherty (Democrat), Kyle Mullica (Democrat), Scott Bright (Republican), John Carson (Republican), James Coleman (Democrat), Lisa Cutter (Democrat), Jessie Danielson (Democrat), Tony Exum (Democrat), Cathy Kipp (Democrat), Janice Marchman (Democrat), Dylan Roberts (Democrat), Matt Ball (Democrat), Jeff Bridges (Democrat), Iman Jodeh (Democrat), and Chris Kolker (Democrat).
- What is the current status of SB 138?
- This bill has been enacted into law. Introduced March 11, 2026. Enacted.
- Where can I track SB 138?
- Track SB 138 free on One Click Politics — get push/email alerts when it moves.
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