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 11-1323
      
      
      BY REPRESENTATIVE(S) Massey, Fields, Kefalas, Nikkel, Pace,
      Peniston, Riesberg, Schafer S., Solano, Stephens, Summers, Vigil, Wilson,
      Bradford, Coram, Court, Ferrandino, Priola, Ramirez, Swalm, Todd,
      McNulty;
      also SENATOR(S) Boyd, Aguilar, Foster, Giron, Guzman, Heath, Hodge,
      Hudak, Jahn, King K., King S., Lundberg, Newell, Nicholson, Roberts,
      Schwartz, Shaffer B., Steadman, Tochtrop, White, Williams S.
      
      
      Concerning an exemption from state licensure requirements for
           a community clinic that is a rural health clinic, and making
           an appropriation therefore.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  25-1.5-103 (2) (a.5), Colorado Revised Statutes, as
      enacted by House Bill 11-1101, is amended to read:
      
           25-1.5-103.  Health facilities - powers and duties of department
      - limitations on rules promulgated by department.  (2)  For purposes of
      this section, unless the context otherwise requires:
      
           (a.5)  "Community clinic" does not include:
      
           (I)  A federally qualified health center, as defined in section 1861
      (aa) (4) of the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa) (4);
      
           (II)  A rural health clinic, as defined in section 1861 (aa) (2)
      of the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa) (2).
      
           SECTION 2.  25-3-101 (2) (a), Colorado Revised Statutes, as
      amended by House Bill 11-1101, is amended to read:
      
           25-3-101.  Hospitals - health facilities - licensed - definitions.
      (2)  As used in this section, unless the context otherwise requires:
      
           (a)  "Community clinic" does not include:
      
           (I)  A federally qualified health center, as defined in section 1861
      (aa) (4) of the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa) (4).
      
           (II)  A rural health clinic, as defined in section 1861 (aa) (2)
      of the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa) (2).
      
           SECTION 3.  25.5-3-103 (3), Colorado Revised Statutes, as
      amended by House Bill 11-1101, is amended to read:
      
           25.5-3-103.  Definitions.  As used in this part 1, unless the context
      otherwise requires:
      
           (3)  "General provider" means a general hospital, birth center, or
      community health clinic licensed or certified by the department of public
      health and environment pursuant to section 25-1.5-103 (1) (a) (I) or (1) (a)
      (II), C.R.S.; a federally qualified health center, as defined in section 1861
      (aa) (4) of the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa) (4);
      a rural health clinic, as defined in section 1861 (aa) (2) of the
      federal "Social Security Act", 42 U.S.C. sec. 1395x (aa) (2); a health
      maintenance organization issued a certificate of authority pursuant to
      section 10-16-402, C.R.S.; and the health sciences center when acting
      pursuant to section 25.5-3-108 (5) (a) (I) or (5) (a) (II) (A).  For the
      purposes of the program, "general provider" includes associated physicians.
      
           SECTION 4.  Appropriation - adjustments in 2011 long bill.  For
      the implementation of this act, the cash funds appropriation made in the
      annual general appropriation act for the fiscal year beginning July 1, 2011,
      to the department of public health and environment, division of health
      facilities and emergency medical services division, for health facilities
      general licensure program, is decreased by five hundred twenty-nine dollars
      ($529).  Said sum shall be from the health facilities general licensure cash
      fund created in section 25-3-103.1 (1), Colorado Revised Statutes.
      
           SECTION 5.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO