Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

1997

SENATE BILL 97­111

BY SENATORS Linkhart, Wham, Reeves, Hopper, Rupert, and Martinez;

also REPRESENTATIVES Mace and Nichol.


CONCERNING CONTINUATION OF STATE AUTHORITY TO IMPOSE SANCTIONS UPON NURSING FACILITIES COMMITTING VIOLATIONS OF THE FEDERAL MEDICAID REGULATIONS.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  The introductory portion to 24­34­104 (22) (c) and 24­34­104 (22) (c) (I) and (26.2), Colorado Revised Statutes, 1988 Repl. Vol., as amended, are repealed as follows:

24­34­104.  General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (22) (c)  The following functions of the specified agencies shall terminate on July 1, 1993:

(I)  The imposition of sanctions, including civil money penalties, upon a nursing facility when such a facility violates a federal regulation for participation in the medicaid program by the department of public health and environment in accordance with section 25­1­107.5, C.R.S., and the department of health care policy and financing in accordance with article 4 of title 26, C.R.S.;

(26.2)  The following function of the specified agencies shall terminate on July 1, 1997: The imposition of sanctions, including civil money penalties, upon a nursing facility when such a facility violates a federal regulation for participation in the medicaid program by the department of public health and environment in accordance with section 25­1­107.5, C.R.S., and the department of health care policy and financing in accordance with article 4 of title 26, C.R.S.

SECTION 2.  25­1­107.5 (5), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is repealed as follows:

25­1­107.5.  Additional authority of the department ­ remedies against nursing facilities ­ criteria for recommending assessments for civil penalties ­ cooperation with the department of health care policy and financing ­ nursing home penalty cash fund. (5)  This section is repealed, effective July 1, 1997. Prior to such repeal, this section shall be reviewed as provided in section 24­34­104, C.R.S.

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.



____________________________ ____________________________

Tom Norton Charles E. Berry

PRESIDENT OF SPEAKER OF THE HOUSE

THE SENATE OF REPRESENTATIVES





____________________________ ____________________________

Joan M. Albi Judith M. Rodrigue

SECRETARY OF CHIEF CLERK OF THE HOUSE

THE SENATE OF REPRESENTATIVES



APPROVED________________________________________




_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO