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Vol., as amended, are repealed as follows: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repealed as follows: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(5) This section is repealed,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