NOTE: The governor signed this measure on 4/8/2013.
      
      
      HOUSE BILL 13-1068
      
      
      BY REPRESENTATIVE(S) Young, Fields, Ginal, Labuda, Rosenthal,
      Schafer, Stephens, Ferrandino;
      also SENATOR(S) Roberts, Aguilar, Jahn, Kefalas, King, Newell, Todd.
      
      
      Concerning on-site inspections of medicaid providers.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 25.5-4-301, add (14)
      as follows:
      
           25.5-4-301.  Recoveries - overpayments - penalties - interest -
      adjustments - liens - review or audit procedures.
      (14)  Notwithstanding any provision of this section to the
      contrary:
      
           (a) (I)  The state department, or the state department's
      designated agent, shall conduct pre-enrollment and
      post-enrollment site visits of providers who are designated as
      moderate or high categorical risks to the medicaid program. The
      purpose of the site visit is to verify that the information submitted
      to the state department is accurate and to determine compliance
      with federal and state enrollment requirements.
      
           (II)  As established in rules promulgated by the state board,
      the state department may waive pre-enrollment and
      post-enrollment site visits of providers if the site visits are
      conducted by medicare or other federally designated entities.
      
           (III)  A provider is designated as a limited, moderate, or high
      categorical risk pursuant to the medicare program and federal
      regulations. If a provider is not designated in a risk category
      pursuant to the medicare program and federal regulations, the
      provider's risk category shall be established pursuant to rules
      promulgated by the state board.
      
           (b)  A provider enrolled in the medicaid program shall
      permit the centers for medicare and medicaid services or its agent
      or designated contractors and the state department or its agent
      to conduct unannounced, on-site inspections of any and all
      provider locations. Payment for any agent designated by the
      state department to perform on-site inspections shall not be based
      on any recoveries paid to the state department by a provider for
      violations discovered as a result of the on-site inspection.
      
           SECTION 2.  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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      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