Emergency Rules on Paid Sick Leave for COVID-19 Released; Chamber Update on Events
The Colorado Department of Labor and Employment (CDLE) published emergency rules on Wednesday that temporarily require employers in certain industries to provide four days of paid sick leave to employees awaiting COVID-19 testing.
These rules will be in effect for 30 days, or longer if the state of emergency declared by Gov. Polis continues. As part of that executive order, CDLE was directed to:
- Engage in emergency rulemaking for temporary paid sick leave
- Identify additional supports and wage replacement, such as access to unemployment insurance
The Colorado Health Emergency Leave with Pay Rules requires up to four days of paid sick for employees being tested for COVID-19 in select industries: leisure and hospitality; food services; child care; education, including transportation, food service and related work at educational establishments; home health, if working with elderly, disabled, ill, or otherwise high-risk individuals; and nursing homes and community living facilities.
The requirement is not on top of sick leave an employer already provides and does not cover wage replacement should an employee test positive and require quarantine resulting in lost work time and wages. Other wage replacement options are still under review by CDLE.
Meanwhile, the Chamber has made the difficult decision to begin postponing and canceling large-scale meetings and events held at the Chamber and elsewhere.
Whenever possible, we will make call-in and web-based options available for smaller events. This includes committee meetings. Staff will be in touch to share information as it’s available.
All of us should continue to explore how we create opportunities for our employees to work from home, via conference line or via webinar, in case public health officials recommend that action in the future. Events like this require everyone to pull together as a community. We will provide regular updates regarding the events schedule in the future.
Chamber Testifies at Hearing for Public Health Insurance Option Bill
On Wednesday, Denver Metro Chamber President and CEO Kelly Brough testified in strong opposition to House Bill 1349, a bill that directs the Division of Insurance to develop and implement an insurance plan in the individual and small group market. The legislation would force the participation of hospitals and insurance carriers with reimbursement and premiums rates set by the government.
The bill passed through the House Health & Insurance Committee with a 7-4 party line vote and sent to the Committee on Appropriations.
The Chamber released the following statement Tuesday regarding the legislation in advance of the hearing:
“The proposed government-run health insurance option shifts costs around rather than addresses the drivers of health care costs. The proposal would dictate a one-size-fits-all approach that would cut rates to providers and mandate participation by hospitals and insurance carriers across our state. Forcing insurers to provide a government-mandated product in markets in which they may not operate only increases inefficiencies and will cost employers and their employees more. The Colorado Option gives extensive power to a single appointed official and appointed board, a risky and unpredictable approach to policy making. We support a market-based effort that increases access to health care, drives down costs for all and is flexible for the wide range of communities, workers and businesses that make up our state. That isn’t what is being proposed.”
We also circulated a fact sheet to legislators that included the names of 19 organizations that signed on on to voice their opposition.
The fact sheet lays out how the legislation gives “sweeping authority” to the Commissioner of Insurance. The Commissioner will have the power to:
- Set payment rates for hospitals.
- Choose which hospitals must participate and which hospitals can be exempted based on his/her own judgement of the financial hardship that participation in the Colorado Option causes the hospital.
- Direct the Colorado Department of Public Health and Environment to revoke or suspend hospital licenses for failure to comply.
- Fine hospitals up to $40,000 per day.
- Force carriers to offer the plan in specific counties.
- Expand the Colorado Option to the small group market.
- Deny insurance premium rates for small and large groups in the private market.
The fact sheet also details how the Colorado Option does nothing to solve the health care cost puzzle, because it simply shifts costs around rather than addressing the actual drivers of high cost. It may actually add inefficiencies by forcing insurers to be in markets where they may not operate otherwise.
“Our interests lie in finding solutions that get at the root of costs across the entire health care system,” Brough testified.
Bill Encouraging Strategic Capital Investment Passes Unanimously
House Bill 1298, which extends a program to encourage businesses to invest in capital projects and job creation in our state, passed unanimously through the House Business Affairs & Labor Committee following our testimony in support.
- The bill allows businesses to carry forward for five years or transfer:
- Colorado job growth incentive tax credits
- Enterprise zone income tax credits for investments in certain property
- Income tax credits for new enterprise zone business employees
- Enterprise zone income tax credits for expenditures for research and experimental activities
House Bill 1298 leverages framework created by programs like the Job Growth Incentive Tax Credit and Colorado Enterprise Zone Program.
“These programs overseen by the Colorado Economic Development Commission provide modest, performance-based tax credits for economic activity that enhance the economic health of our state and its residents,” testified Sam Bailey, vice president of economic development for the Metro Denver Economic Development Corporation, on behalf of the Chamber family of organizations Wednesday. “They provide a good balance between our need to compete with other communities around the U.S. who are pursuing the same companies and same jobs – with diligence for the investment taxpayers make through these programs.”
The legislation was sponsored by Rep. Tracy Kraft-Tharp (D-Arvada), Rep. Daneya Esgar (D-Pueblo), Sen. Leroy Garcia (D-Pueblo) and Sen. Jack Tate (R-Centennial).