Text of CO HB 1040 (2024)

Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0233.01 Josh Schultz x5486 HOUSE BILL 24-1040 House Committees Senate Committees Health & Human Services A BILL FOR AN ACT CONCERNING A STUDY OF THE STATUS OF GENDER-AFFIRMING 101 HEALTH-CARE PROVIDERS. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.) Colorado Youth Advisory Council Review Committee. The bill requires the department of public health and environment (department) to conduct or cause to be conducted a gender-affirming health-care provider study (study). The study must determine: ! The number of gender-affirming health-care providers and facilities in each region, without disclosing identities of HOUSE SPONSORSHIP Vigil, SENATE SPONSORSHIP Marchman and Winter F., Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. providers; ! The resources available to gender-affirming health-care providers and facilities in the state; ! Threats to gender-affirming health-care providers; ! The number of patients seeking gender-affirming health-care services in each region, including the ratio of patients to providers in each region, without disclosing identities of patients or providers; ! The types of gender-affirming health-care services that patients seek; ! The prevalence and impact of nonprescribed treatments; and ! The availability of insurance coverage for different types of treatment. The bill requires the department and any third party that the department contracts with to conduct the study to seek input from specified persons. The department is required to submit a report on or before December 31, 2026, including its findings and recommendations, to specified committees of the general assembly. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add article 59 to title 2 25 as follows: 3 ARTICLE 59 4 Youth Gender-affirming Health Care 5 25-59-101. Definitions. AS USED IN THIS ARTICLE 59, UNLESS THE 6 CONTEXT OTHERWISE REQUIRES: 7 (1) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH 8 AND ENVIRONMENT CREATED IN SECTION 25-1-102. 9 (2) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF 10 THE DEPARTMENT OR THE EXECUTIVE DIRECTOR'S DESIGNEE. 11 (3) "GENDER-AFFIRMING HEALTH-CARE SERVICES" MEANS ALL 12 SUPPLIES, CARE, AND SERVICES OF A MEDICAL, BEHAVIORAL HEALTH, 13 MENTAL HEALTH, PSYCHIATRIC, HABILITATIVE, SURGICAL, THERAPEUTIC, 14 HB24-1040 -2- DIAGNOSTIC, PREVENTIVE, REHABILITATIVE, OR SUPPORTIVE NATURE 1 RELATING TO THE TREATMENT OF GENDER DYSPHORIA. 2 (4) "HEALTH-CARE FACILITY" MEANS A FACILITY LICENSED OR 3 CERTIFIED BY THE DEPARTMENT PURSUANT TO SECTION 25-1.5-103. 4 (5) "PROVIDER" MEANS A PHYSICIAN OR ADVANCED PRACTICE 5 PROVIDER, AS DEFINED IN SECTION 25-1.5-502. 6 (6) "STUDY" MEANS THE GENDER-AFFIRMING HEALTH-CARE 7 PROVIDER STUDY CREATED IN SECTION 25-59-102. 8 25-59-102. Gender-affirming health-care provider study - 9 report. (1) THE DEPARTMENT SHALL CONDUCT OR CAUSE TO BE 10 CONDUCTED A COMPREHENSIVE STUDY OF THE STATUS OF 11 GENDER-AFFIRMING HEALTH-CARE PROVIDERS IN COLORADO, ESPECIALLY 12 THOSE IN RURAL AREAS. 13 (2) THE STUDY MUST, AT A MINIMUM, DETERMINE: 14 (a) THE NUMBER OF GENDER-AFFIRMING HEALTH-CARE PROVIDERS 15 AND FACILITIES IN EACH REGION, WITHOUT DISCLOSING IDENTITIES OF 16 PROVIDERS; 17 (b) THE RESOURCES AVAILABLE TO GENDER-AFFIRMING 18 HEALTH-CARE PROVIDERS AND FACILITIES IN THE STATE; 19 (c) THREATS TO GENDER-AFFIRMING HEALTH-CARE PROVIDERS; 20 (d) THE NUMBER OF PATIENTS SEEKING GENDER-AFFIRMING 21 HEALTH-CARE SERVICES IN EACH REGION, INCLUDING THE RATIO OF 22 PATIENTS TO PROVIDERS IN EACH REGION, WITHOUT DISCLOSING 23 IDENTITIES OF PATIENTS OR PROVIDERS; 24 (e) THE TYPES OF GENDER-AFFIRMING HEALTH-CARE SERVICES 25 THAT PATIENTS SEEK; 26 (f) THE PREVALENCE AND IMPACT OF NONPRESCRIBED 27 HB24-1040 -3- TREATMENTS; AND 1 (g) THE AVAILABILITY OF INSURANCE COVERAGE FOR DIFFERENT 2 TYPES OF TREATMENT. 3 (3) THE DEPARTMENT AND ANY THIRD PARTY THAT THE 4 DEPARTMENT CONTRACTS WITH PURSUANT TO SUBSECTION (5) OF THIS 5 SECTION SHALL ENGAGE WITH AND SEEK INPUT FROM, AT A MINIMUM, THE 6 FOLLOWING: 7 (a) PROVIDERS WITH EXPERIENCE PROVIDING GENDER-AFFIRMING 8 HEALTH CARE, ESPECIALLY THOSE WHO PROVIDE GENDER-AFFIRMING 9 HEALTH CARE TO YOUTH; 10 (b) MENTAL HEALTH PROVIDERS, ESPECIALLY THOSE WHO PROVIDE 11 MENTAL HEALTH CARE TO YOUTH; 12 (c) MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, OR 13 NONBINARY COMMUNITY, ESPECIALLY YOUTH; AND 14 (d) REPRESENTATIVES OF THE FOLLOWING STATE ENTITIES OR 15 PROGRAMS: 16 (I) THE HEALTH EQUITY COMMISSION, CREATED IN SECTION 17 25-4-2206; 18 (II) THE FAMILY PLANNING PILOT PROGRAM, ESTABLISHED IN 19 SECTION 25.5-5-319; 20 (III) THE BEHAVIORAL HEALTH ADMINISTRATION IN THE 21 DEPARTMENT OF HUMAN SERVICES, ESTABLISHED IN SECTION 27-50-102; 22 (IV) THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, 23 ESTABLISHED IN SECTION 24-1-119.5; 24 (V) THE DIVISION OF INSURANCE IN THE DEPARTMENT OF 25 REGULATORY AGENCIES, ESTABLISHED IN SECTION 10-1-103; AND 26 (VI) THE OFFICE OF SUICIDE PREVENTION CREATED IN THE 27 HB24-1040 -4- DIVISION OF PREVENTION SERVICES IN THE DEPARTMENT PURSUANT TO 1 SECTION 25-1.5-101 (1)(w)(I). 2 (4) THE DEPARTMENT SHALL: 3 (a) ON OR BEFORE DECEMBER 31, 2026, SUBMIT A REPORT, 4 INCLUDING ITS FINDINGS AND RECOMMENDATIONS ON THE ISSUES 5 IDENTIFIED IN SUBSECTION (2) OF THIS SECTION AND OTHER INFORMATION 6 THAT THE DEPARTMENT DEEMS APPROPRIATE, TO THE HOUSE OF 7 REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE, THE HOUSE OF 8 REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN 9 SERVICES COMMITTEE, AND THE SENATE HEALTH AND HUMAN SERVICES 10 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES; 11 (b) POST THE FINAL REPORT, WHICH MUST BE MADE AVAILABLE AS 12 A PUBLIC RECORD ON A PUBLIC-FACING PORTION OF THE DEPARTMENT'S 13 WEBSITE; AND 14 (c) ENSURE THAT THE REPORT DOES NOT DISCLOSE THE IDENTITIES 15 OF GENDER-AFFIRMING HEALTH-CARE PATIENTS OR PROVIDERS. 16 (5) THE DEPARTMENT MAY CONTRACT WITH A THIRD PARTY TO 17 CONDUCT PART OR ALL OF THE STUDY. 18 25-59-103. Repeal of article. THIS ARTICLE 59 IS REPEALED, 19 EFFECTIVE SEPTEMBER 1, 2027. 20 SECTION 2. Safety clause. The general assembly finds, 21 determines, and declares that this act is necessary for the immediate 22 preservation of the public peace, health, or safety or for appropriations for 23 the support and maintenance of the departments of the state and state 24 institutions. 25 HB24-1040 -5-