NOTE: The governor signed this measure on 3/22/2013.
      
      
      HOUSE BILL 13-1199
      
      
      BY REPRESENTATIVE(S) Pettersen, Buckner, Court, Fields, Ginal,
      Hamner, Hullinghorst, Kraft-Tharp, Melton, Rosenthal, Schafer, Singer,
      Tyler, Vigil, Young;
      also SENATOR(S) Kefalas, Crowder, Guzman, Nicholson.
      
      
      Concerning clarifications of the statute governing provider fees
           paid by nursing facilities. 
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      hereby finds and declares:
      
           (a)  The changes to section 25.5-6-203 (1) (c) (I), Colorado Revised
      Statutes, are not intended to enact a change in either the intent of the
      existing statute or the way the existing statute is interpreted or implemented
      by the department of health care policy and financing; and
      
           (b)  The changes are only intended to clarify the existing statute.
      
           SECTION 2.  In Colorado Revised Statutes, 25.5-6-203, amend (1)
      (c) (I) and (1) (g) as follows:
      
           25.5-6-203.  Nursing facilities - provider fees - federal waiver -
      fund created - rules. (1) (c)  In accordance with the redistributive method
      set forth in 42 CFR 433.68 (e) (1) and (e) (2), the state department shall
      seek a waiver from the broad-based provider fees requirement or the
      uniform provider fees requirement, or both, to exclude nursing facility
      providers from the provider fee. The state department shall exempt the
      following nursing facility providers to obtain federal approval and minimize
      the financial impact on nursing facility providers:
      
           (I)  A facility operated as a continuing care retirement community
      that provides a continuum of services by one operational entity providing
      independent living services, or assisted living residence services, as defined
      in section 25-27-102 (1.3), C.R.S., or that provides assisted living services
      on-site, twenty-four hours per day, seven days per week, and skilled nursing
      care on a single, contiguous campus. Assisted living services include
      an assisted living residence, as defined in section 25-27-102, C.R.S.,
      or that provide assisted living services on-site, twenty-four hours
      per day, seven days per week.
      
           (g)  The state department shall establish a schedule to assess and
      collect the provider fee on a monthly basis. and shall collect the fee from
      nursing facility providers by no later than the end of the next succeeding
      calendar month. The state board shall establish rules so that provider fee
      payments from a nursing facility provider and the state department's
      supplemental medicaid payments to the nursing facility are due as nearly
      simultaneously as feasible; except that the state department's supplemental
      medicaid payments to the nursing facility shall be due no more than fifteen
      days after the provider fee payment is received from the nursing facility.
      The state department shall require each nursing facility provider to report
      monthly annually its total number of days of care provided to
      nonmedicare residents.
      
           SECTION 3.  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