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2025 legislative session concludes |
Reflection from CMS Council on Legislation Chair Darlene Tad-y, MD, MBA |
"A highlight of the session for me was when we [CMS] testified on the bill for removing mental health questions on the license application. At both committee hearings, the sponsors of the bill were very vocal and supportive of the need to support physicians' health, including mental health. The chair of the Senate Health and Human Services Committee, Sen. Kyle Mullica, who is a trauma nurse, thanked us for reminding the committee that physicians are fellow human beings. It was like an ah-ha moment and it changed the focus of the discussion for the better."
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From left: David Downs, MD; Darlene Tad-y, MD, MBA; Drew Updike, MD; Rep. Brianna Titone; Kristen Nordenholz, MD; and Rachelle Klammer, MD, attend the 2025 Metro Legislative Night in Denver in February. |
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End of session legislative victories and bill reviews |
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SB083 Limitations on Certain Restrictive Agreements (MD/DO non-competes) removes barriers for physicians, advanced practice registered nurses, and dentists by prohibiting non-compete clauses in Colorado. This important legislation empowers health care providers to continue caring for their patients without restrictions, ensuring patients receive timely information about their provider’s new practice, contact details, and the right to choose who cares for them. SB083 also brings clarity to the limited circumstances under which non-compete agreements related to business ownership and sales may still apply—promoting both fairness and transparency in health care employment.
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HB1176 Behavioral Health Treatment Stigma for Providers takes a critical step toward supporting the well-being of Colorado’s physicians and other health care providers by removing stigmatizing questions about mental health from licensing and renewal applications. This legislation affirms that providers deserve the same right to seek care as the patients they serve—without fear of professional consequences. By eliminating outdated barriers, HB1176 helps ensure that no provider has to choose between their health and their calling. This forward-thinking effort has earned national recognition from the American Medical Association (read more here).
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SB152 Health Care Practitioner Identification Requirements strengthens the patient-provider relationship by ensuring patients clearly know who is delivering their care. By requiring health care practitioners to accurately identify their role and credentials, this bill promotes transparency, builds trust, and supports the strong, honest relationships that are essential to healing and high-quality care.
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SB314 Recovery Audit Contractor Program makes important improvements to Colorado’s Medicaid Recovery Audit Contractor (RAC) audit process. It limits the frequency and scope of audits, strengthens oversight of audit vendors, and clarifies the appeals process. These changes reduce administrative burdens for providers and promote a more balanced, transparent audit system—while maintaining the integrity of the Medicaid program.
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SB301 Remove Authorization Requirement Adjust Chronic Prescription is a follow-up to last year’s major win on prior authorization reform. Supported by CMS, this bill allows physicians to adjust the dosage or frequency of an already-approved chronic maintenance medication without having to submit a new prior authorization request. As a continuation of ongoing reform efforts, this targeted change helps ensure timely, personalized care and reduces unnecessary delays in treatment.
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SB157 Deceptive Trade Practice Significant Impact Standard this bill would have removed a key legal safeguard by eliminating the requirement that deceptive trade practice claims must significantly impact the public. Without that standard, it would have been easier to bring lawsuits against professionals, including physicians, opening the door to increased legal risk and unnecessary litigation.
- SB32 Naturopathic Doctor Requirements Formulary would have significantly expanded naturopaths' scope of practice, including prescribing most Schedule III–V drugs. The bill was defeated in committee early in the session, but similar efforts are likely to return next year.
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HB1174 Reimbursement Requirements For Health Insurers would have set provider reimbursement rates under certain health plans but failed to address the growing crisis in Colorado’s health care safety net. The bill died, amid concerns that capped rates could further limit access to care for vulnerable patients.
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SB198 Transparency Transactions Medical Care Entities proposed burdensome reporting rules and broad new powers for the Attorney General to block or reverse health care deals. The bill died after concerns were raised about conflicts with federal law and how physicians could comply with referral requirements.
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Still on our radar; to be continued: |
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HB1151 Arbitration of Health Insurance Claims would have improved the arbitration process for out-of-network health insurance claims. This bill could have helped reduce administrative burdens. This bill passed in the House but has died in the Senate. CMS will continue to work on this issue.
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2025 state budget signed; what lies ahead federally? |
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The state budget for FY 2025-26 has been finalized, and Medicaid provider rates will increase by 1.6%—a hard-fought decision that protects access to care and offers some relief to the strained health care workforce.
But this choice comes at a cost. To cover rising Medicaid expenses—up $352 million from the General Fund—lawmakers made deep cuts to transportation, workforce development, local government grants, and delayed full implementation of the state’s new school funding formula. |
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At the federal level, uncertainty remains. Congress is still assessing how Colorado’s growing Medicaid budget could shape national policy, and potential cuts could trigger a special session later this year. Colorado’s congressional delegation is at the forefront of these conversations—on both sides of the aisle. CMS recently joined the Protect Our Healthcare Coalition to help protect Medicaid. The Coalition is launching a nationwide peer-to-peer texting campaign – and we physicians to take action. Read more about this campaign here.
We’re grateful to state legislators who prioritized Medicaid in a difficult year. But with a $1.2 billion shortfall already projected for FY 2026-27, more tough decisions are ahead. |
Session is over; we are still working |
Even outside the legislative session, our work continues. We do not just advocate at the Capitol—we also engage in the regulatory space, where decisions also carry the force of law. This summer and fall, we will focus on key regulatory issues, including updates to CME requirements following last year’s legislation, changes to workers' compensation rules, and adjustments to physician assistant (PA) regulations.
Looking further ahead, the 2026 session will include the Sunset Review of the Medical Practice Act—a pivotal moment that has the potential to reshape how medicine is practiced in Colorado. We are also preparing for possible threats to peer review protections, which are essential to both patient safety and physician well-being. These issues will define the direction of medical practice in the state, and we will be ready to lead. Stay tuned for further updates. |
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