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Health Law

An introduction to legal research in some of the major aspects of Health Law.

Introduction

As health law focuses on the statutes, rules, and local ordinances that address health-related topics, Colorado specific health law must address the Colorado statutes, rules, and local ordinances that govern health law within the state.

The first page of this section addresses finding primary sources of Colorado health law, including the Colorado Revised Statutes, regulations from state government agencies, and direction to finding local ordinances. In addition, this Section provides direction to finding the relevant Congressional Committees. Congressional Committees may be a valuable source of legislative history, as they may hold public hearings, request studies that they then publish, and may discuss edits and revisions to proposed bills.

The second section addresses how Colorado health law has incorporated HIPAA and the ACA.

Lastly, a sampling Secondary Resources specific to Colorado are provided.

Colorado Revised Statutes

Relevant provisions of the Colorado Revised Statutes include:

Title 12: Professions and Occupations

Articles 29-43.9 (Health Care)

Title 25: Public Health and Environment

Title 25.5: Health Care Policy and Financing

Title 26: Human Services Code

Title 27: Behavioral Health

All available through Colorado Legal Resources here.

Colorado Agencies

For a list of all Colorado State Agencies, see here.

Department of Regulatory Agencies, Division of Insurance - The Colorado Division of Insurance (DOI) regulates the insurance industry in Colorado. They answer the questions of consumers, investigate consumer complaints, and help consumers understand their insurance. DOI regulates and monitors the insurance companies in Colorado, as well as insurance agents, making sure everyone is following the law.

Department of Human ServicesThe Colorado Department of Human Services (CDHS) oversees the state’s county departments of social/human services, the state’s public mental health system, Colorado’s system of services for people with developmental disabilities, the state’s juvenile corrections system and all state and veterans’ nursing homes. CDHS consists of over 7,500 county or state employees dedicated to providing human services to Colorado residents. CDHS also administers and provides oversight for a variety of federally funded programs. The Department has five goals, or desired outcomes, for the individuals and families who receive services. Those goals are: economic self-sufficiency; family and community connections; health and rehabilitation; independent living; and safety.

Department of Public Health & EnvironmentThe Colorado Department of Public Health and Environment is charged with protecting and maintaining the health and environment of the citizens of Colorado. The Department has 13 main health and environment divisions including Family Health Services; Disease Control and Environmental Epidemiology; Consumer Protection; Hazardous Materials and Waste Management; Water and Air Pollution Control; Radiation Control; Health Statistics and Vital Records; Health Facilities; the Rocky Flats Program (coordinates the state's oversight of the Rocky Flats nuclear weapons plant northwest of Denver); Emergency Medical Services; Laboratory Division -- chemistry, microbiology, alcohol testing, and newborn screening sections, and a toxicology program; and the Division of Prevention Programs.

Department of Health Care Policy & FinancingThe Colorado Department of Health Care Policy and Financing oversees and operates public health care programs for Coloradans who qualify, including  Health First Colorado (Colorado's Medicaid Program), Child Health Plan Plus (CHP+). They work to improve health care access and outcomes for Coloradans while demonstrating sound stewardship of financial resources. This means that they aim to make our members healthier while getting the most for every dollar that is spent. Whether you seek health care, provide health care, or care about health care, we are here to serve you. 

Department of Regulatory Agencies - Division of Professions and Occupations - The Department of Regulatory Agencies' Division of Professions and Occupations licenses over 50 professions, occupations and businesses in Colorado, including Acupuncture, Dental, Medical, and Nursing Licenses.

Local Ordinances

Local Ordinances related to Colorado Health Law may be found on Municode, through Sterling Codifiers, or by searching the individual municipality's website.

Congressional Oversight

State Congressional Committees consider current and proposed legislation and provide guidance and oversight for the relevant executive branch agencies. They may produce helpful reports and discussion of the intricacies of health laws, both current and proposed.

House Committees of Reference
House Committees of Reference meet primarily during the legislative session to consider legislation and provide oversight of executive branch agencies.

The House Committee on Business Affairs & Labor considers matters concerning the regulation of professions and occupations, property and casualty insurance, unemployment insurance, health insurance, workers' compensation insurance, economic development, banks and financial institutions, real estate, labor, and technology. In addition, the committee has legislative oversight responsibility for the Department of Labor and Employment, the Department of Personnel and Administration, the Department of Regulatory Agencies, and the Office of Economic Development and International Trade.

The House Public Health Care and Human Services Committee considers matters concerning state health care programs and social services.  The committee also has legislative oversight responsibility for the Department of Health Care Policy and Financing and the Department of Human Services.

The House Health, Insurance, and Environment Committee considers matters concerning state health programs, health insurance, and environmental health.  The committee also has legislative oversight responsibility for the Department of Public Health and Environment, Health Benefit Exchange, Division of Insurance, and Division of Professions and Occupations relating to health care providers.

Senate Committees of Reference
Senate Committees of Reference meet primarily during the legislative session to consider legislation, conduct confirmation hearings, and provide oversight of executive branch agencies.

The Senate Health and Human Services Committee considers matters concerning state health and welfare programs, health insurance, social services, and environmental health.  The committee also has legislative oversight responsibility for the Department of Health Care Policy and Financing, the Department of Human Services, and the Department of Public Health and Environment.

The Senate Business, Labor, and Technology Committee considers matters concerning the regulation of professions and occupations, property and casualty insurance, unemployment insurance, health insurance, workers' compensation insurance, economic development, banks and financial institutions, real estate, labor, and technology. In addition, the committee has legislative oversight responsibility for the Department of Labor, the Department of Personnel and Administration, the Department of Regulatory Agencies, and the Office of Information Technology.

Year-Round Committees
Year-Round Committees meet during the legislative session and interim to provide oversight to legislative staff agencies, conduct hearings regarding the state budget and capital construction, and consider other issues of importance to the state.

The Colorado Health Insurance Exchange Oversight Committee studies the implementation of Colorado's health exchange. It reviews and approves grants applied for by the exchange's board of directors to implement the exchange, approves the exchange's executive director, and recommends legislation on the operation of the exchange.

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