First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0291.01 Brita Darling SENATE BILL 11-048 SENATE SPONSORSHIP King K., Brophy, Cadman, Scheffel HOUSE SPONSORSHIP Swalm and Joshi, Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning exempting psychiatric hospitals from payment of the hospital provider fee. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Currently, psychiatric hospitals are exempt from payment of the hospital provider fee. The bill clarifies that psychiatric hospitals shall remain exempt from payment of the hospital provider fee. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. The introductory portion to 25.5-4-402.3 (3) (c) (I) and 25.5-4-402.3 (3) (c) (I) (A), Colorado Revised Statutes, are amended to read: 25.5-4-402.3. Providers - hospital - provider fees - legislative declaration - federal waiver - fund created - rules - advisory board - repeal. (3) Hospital provider fee. (c) (I) In accordance with the redistributive method set forth in 42 CFR 433.68 (e) (1) and (e) (2), the state department may seek a waiver from the broad-based provider fees requirement or the uniform provider fees requirement, or both. Subject to federal approval and to minimize the financial impact on certain hospitals, the state department shall exempt from payment of the provider fee psychiatric hospitals, as licensed by the department of public health and environment, and, in consultation with the advisory board, may exempt from payment of the provider fee certain types of hospitals, including but not limited to: (A) Psychiatric hospitals, as licensed by the department of public health and environment; SECTION 2. Act subject to petition - 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 (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.