2020 Legislative Session Activities

 

2020 has definitely been a year for the history books, and this legislative session was no exception. On March 14, 2020, the Colorado General Assembly temporarily suspended the session due to the COVID-19 pandemic. The suspension lasted for two months, and they reconvened with social distancing measures in place in mid-May. Members of the General Assembly returned to a $3.3 billion budget shortfall, which was caused by the economic shutdown related to the pandemic. Although some parts of our state budget saw drastic cuts, programs and services supporting Coloradans with Alzheimer’s and other dementia were generally spared. This list summarizes the bills impacting Coloradans with Alzheimer’s or other dementia and their caregivers.

Thank you to our State Champions for all of your efforts this session! Your voice made a difference! State Champions are volunteers who communicate with their own state legislators about issues impacting individuals and families with Alzheimer’s and other dementia. If you’re interested in becoming an Alzheimer’s State Champion, you can indicate your interest here.

Bills that the Alzheimer’s Association actively supported (we did not oppose any bills this session):

HB20-1232, Equity in Access to Clinical Trials in Medicaid

Currently private insurance and Medicare are both required to cover routine costs associated with participating in an approved clinical trial. This bill adds Medicaid to that list, ensuring that income is not a barrier to participation. Routine costs are defined as medically necessary services included under Medicaid regardless of participation in a trial, but necessary due to that participation, such as physician visits or laboratory tests.

Position: Support
Status: Signed into law
Alz CO Actions: Advocated for this bill during our 2020 Alzheimer’s Day at the Capitol, testified during committee hearings

SB20-022, Increase Medical Providers for Senior Citizens (Increasing the number of geriatric professionals)

Provides student loan forgiveness for nurses and physician assistants who receive additional training in geriatrics and work in underserved areas in Colorado.

Position: Support
Status: Did not pass
Alz CO Actions: Advocated for this bill during our 2020 Alzheimer’s Day at the Capitol

HB20-1420, the Tax Fairness Act

Raises revenue by closing tax loopholes, which could offset cuts to vital programs and services for vulnerable Coloradans, including those that support people with Alzheimer’s and other dementia or their caregivers. The tax breaks eliminated under this bill overwhelmingly go to the highest income Coloradans. These tax changes will ensure our state is prioritizing Coloradans most in need of support with taxpayer dollars.

Position: Support
Status: Signed into law
Alz CO Actions: Activated State Champions and online advocates, signed onto a coalition letter along with more than 100 other organizations, and testified during committee hearings

HB20-1302, CAPS Check Program Changes (Hiring direct care workers)

Under current law, when an employer is hiring a direct care worker who will interact with at-risk adults, the employer must perform a check of the Colorado Adult Protective Services (CAPS) system, which contains substantiated claims of mistreatment against at-risk adults. The Colorado Department of Human Services (CDHS) performs the check and sends the results to the employer. The employer is still able to hire someone when the CAPS check returns a substantiated claim. The law only requires the check to be completed. This bill makes several changes to this program to close existing loopholes, including: 

• Adding penalties for employers who knowingly request a CAPS check for persons other than a potential employee or volunteer (for example, a potential resident);
• Adding penalties for employers who knowingly provide false information to CDHS during the CAPS check process;
• Creating a new category of prohibited behavior against an at-risk adult to capture actions that harm these individuals, but are not covered by current law; and
• Requiring information from a positive CAPS check to be sent to the corporate entity employing the subject of the CAPS check if that person is the person requesting the CAPS check.

Position: Support
Status: Signed into law
Alz CO Actions: Testified during a committee hearing

SB20-182, Supporting Wandering Persons Recovery Programs

Expands an existing grant program to municipalities that is currently only accessible by counties. The grant program funds lifesaver programs, which provide technology to help prevent wandering.

Position: Support
Status: Did not pass
Alz CO Actions: Testified during a committee hearing

SB20-181, Measures on Incompetent to Proceed (Persons with dementia in the criminal justice system)

Provides a process for individuals with cognitive impairments, including dementia, to untangle themselves from the criminal justice system if their entry into that system was primarily attributable to that condition. If evaluation by the court determines a person is incompetent to proceed due to a cognitive impairment, a hearing must be scheduled within 35 days to determine if there is any path to restoring competency. Since dementia has no treatment, prevention, or cure today, there is no path to restoring competency (yet). Depending on the type and severity of charges against the defendant, the court would then either dismiss the case or schedule a bond hearing within 7 days of the defendant being found incompetent to proceed.

Position: Support
Status: Signed into law
Alz CO Action: Testified during a committee hearing

SB20-212, Reimbursement for Telehealth Services

Requires Medicaid to reimburse rural health clinics, the federal Indian health service, and federally qualified health centers for telemedicine services provided to patients covered by Medicaid and to do so at the same rate as for in-person services. It also establishes requirements for state-regulated health insurance plans to cover telehealth services and allows home care agencies to adopt rules to allow supervision by telehealth. Covered services include home health care, physical therapy and hospice care, among others.

Position: Support
Status: Signed into law
Alz CO Action: Signed on to coalition letter supporting the bill

 

State budget changes in FY20-21 (HB20-1360):

Due to the economic consequences of the COVID-19 pandemic, state legislators had to cut $3.3 billion from our state’s budget this year alone. This tremendous shortfall will not only have a significant impact on this year’s budget, it will have implications for years to come. These are the most severe cuts to programs and services supporting people living with Alzheimer’s or other dementia and their caregivers.

Medicaid program:

• A 1% across the board cut in Medicaid community provider reimbursements
• Failure to increase provider rates for personal care and homemaker services, alternative care facilities, and adult day programs (these provider rates weren’t cut, but they did not receive an expected increase)
• A 2.37% rate reduction for providers serving people under the Program for All-Inclusive Care for the Elderly (PACE)
• Medicaid member copays were increased up to the maximum level allowable under federal law
• Under existing law, nursing homes receive an automatic 3% increase in reimbursement each year, but these facilities will only receive a 2% increase for the next 2 years

Other programs and services:

• Some of the funding that supports the work of the Area Agencies on Aging (AAAs) comes from the Older Coloradans Cash Fund. This year the legislature reallocated $15 million from this cash fund to be used to supplement other parts of the budget. This change has not reduced AAA funding this year. However, it does deplete the amount of money in this fund. Many legislators have acknowledged the importance of the AAAs work and have promised to find other funding sources for their work in future years.
• The Aid to Needy and Disabled program helps people with cognitive impairments apply for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. Funding to this program was eliminated.

 

Other bills the Alzheimer’s Association followed this session:

• HB20-1101, Assisted Living Residence Referrals (potential resident protections against fees from referral agencies)
• HB20-1183, Sunset Continue Certification of Nurse Aides (routine review of existing laws)
• HB20-1326, Creates the Occupational Credential Portability Program (licensing of healthcare professionals)
• HB20-1425, Hospital Visitation during COVID-19
• SB20-040, Require License for Genetic Counselors
• SB20-205, Sick Leave for Employees

 

For more information contact:

Coral Cosway
Senior Director, Public Policy & Advocacy
Alzheimer’s Association, Colorado Chapter
ccosway@alz.org | 720-699-9276