NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 08-1038
      
      
      BY REPRESENTATIVE(S) Riesberg, Buescher, Green, Jahn, Kerr A.,
      Madden, Marshall, McGihon, Merrifield, Todd, and Solano;
      also SENATOR(S) Ward and Morse.
      
      
      Concerning funding for the regulation of assisted living
           residences, and making an appropriation therefor.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Repeal.  25-1-108 (5), Colorado Revised Statutes, is
      repealed as follows:
      
           25-1-108.  Powers and duties of the state board of health.  (5)  In
      consultation with the advisory committee for assisted living residences, the
      board shall report to the house and senate health and human services
      committees, or any successor committees, and the joint budget committee
      on October 15, 2003, and every five years thereafter, concerning the cost of
      administering the assisted living residence program, statutory and regulatory
      mandates for which the department does not have adequate resources, and
      any additional moneys necessary to fund the program.
      
           SECTION 2.  25-27-107 (1), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           25-27-107.  License fees - rules - repeal.  (1) (f)  This subsection
      (1) is repealed, effective January 1, 2009.
      
           SECTION 3.  25-27-107, Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW SUBSECTION to read:
      
           25-27-107.  License fees - rules - repeal.  (1.5) (a)  No later than
      January 1, 2009, the state board shall promulgate rules
      establishing a schedule of fees sufficient to meet the direct and
      indirect costs of administration and enforcement of this article. 
      The rules shall set a lower fee for facilities with a high medicaid
      utilization rate as defined by the state board.  The rules shall be
      adopted in accordance with article 4 of title 24, C.R.S.
      
           (b)  Prior to setting a fee by rule pursuant to this subsection
      (1.5), the division shall hold public stakeholder meetings on
      behalf of the board to discuss issues pertaining to setting fees,
      including, without limitation, a phased-in fee schedule based upon
      expected licensing program costs, maximum yearly fee increases,
      risk-based assessments, and technical assistance that may be met
      by or in collaboration with the private sector.
      
           (c)  The department shall assess and collect, from assisted
      living residences subject to licensure, fees in accordance with the
      fee schedule established by the state board.
      
           (d)  A fee established by the state board pursuant to this
      subsection (1.5) shall not be assessed until the period in which the
      fee assessed pursuant to subsection (1) of this section expires.
      
           SECTION 4. Appropriation.  In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      assisted living residence cash fund created in section 25-27-107.5, Colorado
      Revised Statutes, not otherwise appropriated, to the department of public
      health and environment, health facilities and emergency medical services
      division, for the fiscal year beginning July 1, 2008, the sum of one hundred
      seventy-three thousand one hundred eighty-two dollars ($173,182) cash
      funds and 2.2 FTE, or so much thereof as may be necessary, for the
      performance of the department's duties pursuant to article 27 of title 25,
      Colorado Revised Statutes.
      
           SECTION 5.  Effective date.  This act shall take effect at 12:01
      a.m. on the day following the expiration of the ninety-day period after final
      adjournment of the general assembly that is allowed for submitting a
      referendum petition pursuant to article V, section 1 (3) of the state
      constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008);
      except that, if a referendum petition is filed against this act or an item,
      section, or part of this act within such period, then the act, item, section, or
      part, if approved by the people, shall take effect on the date of the official
      declaration of the vote thereon by proclamation of the governor.
      
      
      
      ________________________________________________________
      Andrew Romanoff                        Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO