Merit Institute Merit

The Colorado Government Transparency & Performance Act (CO-GT&P)

Colorado state companion to GT&P. Uses Inspector-General independence (no Schedule F analog). Implements an MFCA rewire under the Colorado Medicaid False Claims Act (C.R.S. 25.5-4-303.5).

THE COLORADO GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (CO-GT&P)

Vehicle: State passage. Colorado General Assembly, regular session. Primary referral to House / Senate State, Civic, Military, and Veterans Affairs / Finance.

SECTION 1. SHORT TITLE

This Act may be cited as the “Colorado Government Transparency & Performance Act (CO-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The General Assembly finds that the State Personnel System operates under Colo. Const. Art. XII and C.R.S. Title 24 Art. 50; that the Colorado Open Records Act operates under C.R.S. 24-72; that the Office of State Planning and Budgeting operates under C.R.S. 24-37; that the Joint Budget Committee provides fiscal analysis under C.R.S. 2-3-201 et seq.; and that Colorado does not have a general False Claims Act but recovers Medicaid fraud under the Colorado Medicaid False Claims Act, C.R.S. 25.5-4-303.5. This Act extends these frameworks and does not adopt a federal Schedule F analog.

TITLE I — DEFINITIONS & COORDINATION WITH COLORADO LAW

Sec. 101. Definitions

  1. (a) “OSPB” means the Office of State Planning and Budgeting.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “CO-MFCA” means C.R.S. 25.5-4-303.5.

Sec. 102. Coordination with Existing Colorado Law

  1. (a) Consistent with:
  • Colo. Const. Art. XII; C.R.S. Title 24 Art. 50 (personnel).
  • C.R.S. 24-72 (CORA).
  • C.R.S. 24-37 (OSPB).
  • C.R.S. 25.5-4-303.5 (CO-MFCA).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Budget shall publish at least three outcome metrics.
  2. (b) OSPB shall publish the Colorado Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Joint Budget Committee fiscal analyses shall identify outcome metrics from Sec. 201.

TITLE III — INSPECTOR GENERAL INDEPENDENCE (Schedule-F Substitute)

Sec. 301. Agency Inspector General Authorities

  1. (a) Each principal department shall designate an Office of Inspector General with independent hiring, subpoena, and reporting authority.
  2. (b) Nothing in this section modifies Colo. Const. Art. XII merit protections.
  3. (c) OIG shall publish an annual outcome audit for each covered program.

TITLE IV — COLORADO MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that Colorado does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under C.R.S. 25.5-4-303.5 and in coordination with the Medicaid Fraud Control Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving CORMC, Federal FRAC, CO-OBSA outcome data, or Medicaid-related credential claims is liable to the State for a civil penalty and treble damages.

Sec. 403. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect on the July 1 following enactment.

Canonical federal version: GT&P. Other Colorado bills: CO-ACSA, CO-MEWRA, CO-AI-Workforce.