SENATE BILL 97112
BY SENATORS Congrove, Bishop, and Rupert;
also REPRESENTATIVES George, Entz, Epps, and Miller.
CONCERNING THE AUTHORITY OF THE DEPARTMENT OF HUMAN
SERVICES TO ADMINISTER EXISTING COLORADO STATE AND VETERANS NURSING
HOMES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2612106
(1) (a), (1) (c), and (1) (d), Colorado Revised Statutes, 1989
Repl. Vol., as amended, are amended to read:
2612106. Payments for care
funds annual report collections for charges.
(1) (a) The state department shall establish rates
for the care of patients in state and veterans nursing homes,
such rates to be as nearly equal to the cost of operation and
maintenance of such state and veterans nursing homes as may be
practicable. Payments shall be made to the director of the division
in the state department responsible for state nursing homes, who
shall deposit such funds, together with any other moneys received
from any source for the operation and maintenance of such state
and veterans nursing homes, with the state treasurer, who shall
credit all such moneys to the central fund for state and veterans
nursing homes, which fund is hereby created. The STATE department
is authorized to expend moneys out of the central fund for state
and veterans nursing homes for the direct and indirect costs incurred
by the state department for the operation and administration of
the state and veterans nursing homes, and for capital construction.
Such expenditures will not require an appropriation by the general
assembly but shall be limited to amounts in the central fund for
state AND VETERANS nursing homes. All requests for capital construction
submitted by the state department shall be considered by the capital
development committee pursuant to section 231304,
C.R.S. In accordance with section
2436114, C.R.S., all interest derived from the deposit
and investment of moneys in the fund shall be credited to the
general fund. ALL INTEREST DERIVED
FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE CENTRAL FUND
FOR STATE AND VETERANS NURSING HOMES SHALL BE CREDITED TO SUCH
FUND. At the end of any fiscal year, all unexpended and unencumbered
moneys in the fund shall remain therein and shall not be credited
or transferred to the general fund or any other fund.
(c) The functions
of the department of human services relating to the expending
of moneys from the central fund for state and veterans nursing
homes is repealed, effective July 1, 1997.
(d) The provisions
of section 2434104, C.R.S., concerning the termination
schedule for regulatory bodies of the state, unless extended as
provided in that section, are applicable to the functions of the
department of human services relating to the expending of moneys
from the central fund for state and veterans nursing homes performed
pursuant to this section.
SECTION 2. 2612312,
Colorado Revised Statutes, 1989 Repl. Vol., is amended BY THE
ADDITION OF A NEW SUBSECTION to read:
2612312. Addition to center
authorized. (2.5) (a) THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES, WITH THE
APPROVAL OF THE STATE BOARD PURSUANT TO SECTION 2612311,
SHALL SELL ANY REAL PROPERTY AT THE COLORADO STATE VETERANS CENTER
AT HOMELAKE DECLARED TO BE SURPLUS BY THE STATE BOARD TO THE
HIGHEST BIDDER ON SUCH TERMS AND CONDITIONS AS ARE DEEMED APPROPRIATE
BY THE EXECUTIVE DIRECTOR FOR NOT LESS THAN THE APPRAISED VALUE
THEREOF, AS DETERMINED BY AN APPRAISER WHO IS A MEMBER OF THE
MEMBERS APPRAISAL INSTITUTE (MAI), AND TO EXECUTE DEEDS OF CONVEYANCE
OF SUCH REAL PROPERTY.
(b) UPON THE SALE OF REAL PROPERTY PURSUANT
TO PARAGRAPH (a) OF THIS SUBSECTION (2.5), THE PROCEEDS SHALL
BE DEPOSITED IN THE CENTRAL FUND FOR STATE AND VETERANS NURSING
HOMES AND APPLIED TOWARD THE RETIREMENT OF ANY OUTSTANDING ANTICIPATION
WARRANTS ISSUED PURSUANT TO SUBSECTION (2) OF THIS SECTION.
SECTION 3. 2434104
(26.1), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is repealed as follows:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (26.1) The
functions of the department of human services relating to the
expending of moneys from the central fund for state and veterans
nursing homes created by section 2612106, C.R.S.,
shall terminate July 1, 1997.
SECTION 4. General
fund loan to state veterans nursing home at Rifle forgiveness.
(1) The general assembly hereby finds and determines
that:
(a) From fiscal year 1985 through 1990,
footnotes in the annual general appropriation act to appropriations
made to the Colorado state veterans nursing home at Rifle, Colorado
(Rifle facility), required repayment, without interest, of general
fund moneys that were appropriated for final construction and
initial operating costs of the Rifle facility, which opened in
1987;
(b) Footnotes in House Bill 881325
and Senate Bill 89245 specified that the general fund loan
amount of $831,397.35 was to be repaid in equal installments over
a period of twenty years when the Rifle facility reached an occupancy
of eightyeight percent or the facility's expenditures exceeded
revenues by five hundred dollars, whichever occurred first;
(c) To date, the Rifle facility has repaid
$290,990 of the general fund loan amount, leaving a balance of
$540,407.35; and
(d) Because federal Medicaid regulations
prohibit repayment of a loan to be included as part of the reimbursement
rate for an eligible Medicaid recipient in a nursing facility,
repayment of the general fund loan is disproportionately borne
by the nonMedicaid veteran and privatepay residents of the
Rifle facility.
(2) The general assembly, therefore, declares
that, of the remaining balance of $540,407.35 of the general fund
loan specified in subsection (1) of this section to the Rifle
facility, $407,348.54 is forgiven as of July 1, 1996.
SECTION 5. Effective
date. This act shall take effect July 1, 1997.
SECTION 6. 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