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Colorado
Secretary of State
Jena Griswold

Colorado Secretary of State logo - Colorado Secretary of State Jena Griswold

Picture of Secretary of State Jena Griswold

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Colorado Secretary of State logo - cube with a C in it

Colorado
Secretary of State
Jena Griswold

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C.R.S. Title 24 Government - State

Article 21 Secretary of state - Department of State

This is not an official copy of the statutes. Please visit LexisNexis Legal Resources for the most current version.

Part 1 General provisions

24-21-114. Secretary of state collection of business information

Beginning thirty days after January 1, 2014, the secretary of state shall request that each individual who files documents with the secretary of state pursuant to part 3 of article 90 of title 7, C.R.S., submit information to the secretary of state upon initial registration of a business and when updating a business registration. The secretary of state shall request that each reporting entity, as that term is defined in section 7-90-102 (58), C.R.S., to which the filing relates, submit the following information about the reporting entity: Gender; race, including whether the person is Latino, African American, Asian, Anglo, Native American, or other; veteran status; whether the reporting entity is a person with a disability; and the national American industry classification system code or its successor code of the reporting entity's business, if applicable. The individual is not required to submit the information. The secretary of state shall make the information available to the public on the secretary of state's website in a searchable manner by the information submitted.

24-21-115. Durable medical equipment supplier license - definition - rules

(1) As used in this section:

(a) "Durable medical equipment supplier" means a person or entity that:

(I) Currently bills or plans to bill the medicare program for services or products listed in the centers for medicare and medicaid durable medical equipment, prosthetics, orthotics, and supplies competitive bid product categories in this state in the current calendar year; or

(II) Intends to bid for services or products listed in the centers for medicare and medicaid durable medical equipment, prosthetics, orthotics, and supplies competitive bid product categories in this state in the current calendar year.

(b) "Durable medical equipment supplier" does not include:

(I) A person or entity that supplies or provides insulin infusion pumps and related supplies or services;

(II) A person or entity that supplies or provides products that are part of medicare's national mail order program;

(III) A pharmacy located in Colorado that has a current pharmacy accreditation exemption that is accepted and recognized by the national supplier clearinghouse that enables the pharmacy to be enrolled in Medicare to supply durable medical equipment without having the accreditation;

(IV) A practitioner identified in 42 U.S.C. sec. 1395u (18) (C) or a physician, if the practitioner or the physician is supplying or providing durable medical equipment to his or her own patients as part of the practitioner's or physician's own services; or

(V) A person or entity that supplies or provides devices directly to a practitioner identified in 42 U.S.C. sec. 1395u (18) (C) or a physician that require a prescription for dispensing to the patient as part of his or her own services, whether mailed to the practitioner or physician for fitting or directly mailed to the patient.

(2) (a) In order to do business in Colorado, a durable medical equipment supplier must be licensed by the secretary of state.

(b) A durable medical equipment supplier license is not required as a condition of enrollment as a provider in the medical assistance program described in title 25.5, C.R.S.

(3) An applicant for a durable medical equipment supplier license must:

(a) Complete the license application as directed by the secretary of state;

(b) Submit to the secretary of state a notarized affidavit attesting that:

(I) The applicant has at least one accredited physical facility that is staffed during reasonable business hours and is within one hundred miles of any Colorado resident medicare beneficiary being served by the applicant.

(II) The applicant has sufficient inventory and staff to service or repair products; and

(III) The applicant is accredited by an accrediting organization recognized and accepted by the federal centers for medicare and medicaid services;

(c) Provide to the secretary of state a street address and a local business telephone number; and

(d) Pay an annual fee established by the secretary of state, not to exceed five hundred dollars.

(4) The durable medical equipment supplier licensee shall prominently display the license at each of its physical business locations. The license may be duplicated for this purpose.

(5) The secretary of state shall refer all complaints concerning durable medical equipment suppliers, durable medical equipment, or services to the federal centers for medicare and medicaid.

(6) The secretary of state shall implement this section on or before December 31, 2014. The secretary of state may promulgate rules to implement this section.

24-21-116. Business intelligence center program - creation - public data - contests - legislative declaration - definitions - repeal

(1) (a) The general assembly hereby finds and declares that:

(I) Public data is a valuable resource that can assist businesses with strategic planning and decision-making;

(II) State agencies collect volumes of public business and economic data, but this data is often held in legacy systems or difficult-to-use formats and made available on disparate websites;

(III) The data would be more easily accessible if it was made available on a single, publicly available platform, such as the Colorado information marketplace;

(IV) The data is more valuable if it is machine-readable and formatted in a manner that allows for reference across data sets;

(V) The private sector can be an important partner in creating tools that analyze the data for greater insight;

(VI) The department of state, which has expertise with a digital business registry and other public data, has received appropriations in the annual general appropriations act and successfully operated a business intelligence center as a pilot project; and

(VII) The continuation of the business intelligence center program will provide businesses with greater access to public data, which will foster a better business environment in the state.

(b) Now, therefore, it is the intent of the general assembly to create a business intelligence center program in state law to streamline access to public data and provide resources to make the data more useful.

(2) As used in this section:

(a) "Advisory board" means the business intelligence center advisory board created in paragraph (a) of subsection (4) of this section.

(b) "Department" means the department of state.

(c) "Program" means the business intelligence center program created in subsection (3) of this section.

(d) "Public data" means data collected by a state agency or local government that is not required by law to be confidential.

(e) "State agency" means any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive branch of state government.

(3) The business intelligence center program is created within the department of state. The purpose of the program is to streamline access to public data and to provide resources to make the data more useful. In operating the program, the department may:

(a) Assist state agencies in formatting and publishing data to a publicly available platform in a machine-readable format;

(b) Provide resources to facilitate the more effective use of public data;

(c) Solicit feedback from the business community to identify the types of public data and research tools that would be helpful;

(d) Conduct public contests to develop application software or other tools to help businesses effectively use public data, which contests may include cash awards and other incentives; and

(e) Assist local governments in publishing public data.

(4) (a) The business intelligence center advisory board is created in the department to assist the department in the operation of the program.

(b) The advisory board consists of:

(I) The secretary of state or his or her designee;

(II) A representative from the governor's office;

(III) A representative from the Colorado office of economic development created in section 24-48.5-101;

(IV) A representative from the office of information technology created in section 24-37.5-103;

(V) A representative from the statewide internet portal authority created in section 24-37.7-102; and

(VI) Up to six additional representatives whom the secretary of state appoints from state or local government, the private sector, or the nonprofit community. The secretary of state or his or her designee may also invite additional representatives to attend board meetings and participate as non-voting members.

(c) The secretary of state or his or her designee shall chair the board. The board shall meet at the chairperson's discretion. Members of the advisory board serve without compensation and without reimbursement for expenses.

(d) This subsection (4) is repealed, effective September 1, 2026. Prior to such repeal, the department of regulatory agencies shall review the advisory board as provided in section 2-3-1203, C.R.S.

(5) The department may contract with public or private entities to operate any part of the program.

(6) A public contest conducted by the department in accordance with subsection (3)(d) of this section is not subject to the "Procurement Code", articles 101 to 112 of this title 24.

(7) A state agency is not required to provide any public data to the department under the program. A state agency's participation in the program is voluntary. If a state agency accepts the department's assistance, the state agency controls the scope, timeline, and format of the publication of the public data.

(8) The secretary of state may seek, accept, and expend gifts, grants, or donations from private or public sources for direct and indirect program costs. Any state money received in accordance with this subsection (8) is deposited into the department of state cash fund created in section 24-21-104 (3) and continuously appropriated to the department for direct and indirect program costs.

This is not an official copy of the statutes. Please visit LexisNexis Legal Resources for the most current version.