HOUSE BILL 981204
BY REPRESENTATIVES Entz, George, Salaz, K. Alexander, Epps, Hagedorn, Mace, and Spradley;
also SENATORS Dennis, Bishop, Chlouber, Congrove,
Rizzuto, and Wattenberg.
CONCERNING THE ADMINISTRATION OF STATE NURSING HOMES,
AND, IN CONNECTION THEREWITH, REPEALING AND REENACTING STATUTES
RELATING TO THE MANAGEMENT, CONTROL, SUPERVISION, AND AUTHORITY
TO ESTABLISH STATE NURSING HOMES AND STATE VETERANS NURSING HOMES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
12 of title 26, Colorado Revised Statutes, is REPEALED AND REENACTED,
WITH AMENDMENTS, to read:
ARTICLE 12
State and Veterans Nursing Homes
PART 1
MANAGEMENT, CONTROL, AND SUPERVISION
2612101. Short title.
THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "STATE
AND VETERANS NURSING HOMES ACT".
2612102. Definitions.
AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "RESIDENT" MEANS A PERSON
WHO IS RESIDING IN A STATE NURSING HOME OPERATED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE.
(2) "STATE BOARD" MEANS THE
STATE BOARD OF HUMAN SERVICES.
(3) "STATE DEPARTMENT" MEANS
THE STATE DEPARTMENT OF HUMAN SERVICES.
(4) "STATE NURSING HOME" MEANS
ANY STATE NURSING HOME OR ANY STATE VETERANS NURSING HOME AND
ALL PROGRAMS OPERATED BY SUCH STATE NURSING HOME OR STATE VETERANS
NURSING HOME, INCLUDING DOMICILIARY SERVICES, DAY CARE, AND OTHER
FACILITY PROGRAMS.
(5) "STATE VETERANS NURSING HOME"
MEANS A STATE NURSING HOME THAT HAS BEEN DESIGNED AND CONSTRUCTED
SO AS TO QUALIFY FOR FEDERAL FUNDS UNDER THE PROVISIONS OF FEDERAL
PUBLIC LAW 88450, AS AMENDED, AND THAT IS OPERATED SO AS
TO QUALIFY FOR PER DIEM PAYMENTS FROM THE UNITED STATES VETERANS
ADMINISTRATION UNDER THE PROVISIONS OF 38 U.S.C. SEC. 641.
2612103. State board duties
rulemaking. THE STATE BOARD SHALL
ADOPT RULES FOR THE MANAGEMENT, CONTROL, AND SUPERVISION OF THE
STATE NURSING HOMES OPERATED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE.
2612104. Eligibility for
care. (1) A PERSON SHALL BE
CONSIDERED FOR ADMISSION TO ANY STATE NURSING HOME IF HE OR SHE
MEETS THE ELIGIBILITY REQUIREMENTS PRESCRIBED IN STATE AND FEDERAL
REGULATIONS.
(2) AFTER ADMISSION, A RESIDENT SHALL
BE SUBJECT TO PERIODIC REVIEW AS TO FINANCIAL STATUS, NEED FOR
CONTINUING MEDICAL INSTITUTIONAL CARE, AND OTHER ELIGIBILITY FACTORS.
(3) A RESIDENT MAY BE TRANSFERRED OR DISCHARGED
FOR CAUSE IN ACCORDANCE WITH FEDERAL REGULATIONS.
2612105. Application for
admission preference. (1) ANY
PERSON MAY APPLY FOR ADMISSION TO ANY STATE NURSING HOME IN THE
MANNER PRESCRIBED BY RULES OF THE STATE BOARD.
(2) ALL APPLICATIONS SHALL BE VOLUNTARY,
AND ANY PERSON ADMITTED TO A STATE NURSING HOME SHALL HAVE THE
RIGHT TO LEAVE THE STATE NURSING HOME AT ANY TIME HE OR SHE CHOOSES.
(3) A STATE NURSING HOME SHALL REVIEW
ALL APPLICATIONS FOR ADMISSION WITH REASONABLE PROMPTNESS.
(4) IF THE NUMBER OF ELIGIBLE APPLICANTS
EXCEEDS THE AVAILABLE FACILITIES IN A STATE NURSING HOME, THE
STATE NURSING HOME SHALL GIVE PREFERENCE IN ADMISSION TO PERSONS
WHOSE NEEDS ARE GREATEST UNDER STANDARDS ESTABLISHED IN STATE
AND FEDERAL REGULATIONS.
2612106. Vacancies
additional admissions. IN THE EVENT THAT
VACANCIES OCCUR IN A STATE NURSING HOME AND THERE ARE NO APPLICATIONS
FOR ADMISSION FROM PERSONS ELIGIBLE UNDER SECTION 2612104,
THE STATE NURSING HOME SHALL BE OPEN FOR TEMPORARY OCCUPANCY TO
ANY PERSON BASED ON THE PERSON'S NEED FOR MEDICAL CARE AND ABILITY
TO PAY FOR SERVICES IN ACCORDANCE WITH THE RULES OF THE STATE
BOARD.
2612107. Standards
management. (1) EACH STATE
NURSING HOME SHALL BE OPERATED AND MAINTAINED UNDER STANDARDS
ESTABLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.
(2) EACH STATE NURSING HOME SHALL HAVE:
(a) A NURSING HOME ADMINISTRATOR; AND
(b) SUCH ADDITIONAL EMPLOYEES, INCLUDING
MEDICAL AND NURSING PERSONNEL, AS MAY BE REQUIRED TO PROVIDE NURSING
HOME SERVICES FOR WHICH THE STATE NURSING HOME WAS LICENSED.
(3) ALL STATE NURSING HOMES SHALL BE MANAGED
AS A GROUP BY THE STATE DEPARTMENT, UNLESS THE STATE DEPARTMENT
CONTRACTS FOR THE MANAGEMENT OF A STATE NURSING HOME IN ACCORDANCE
WITH SECTION 2612119.
2612108. Payments for care
funds annual report collections for charges
central fund for state nursing homes created.
(1) (a) THE STATE DEPARTMENT SHALL ESTABLISH
RATES FOR THE CARE OF RESIDENTS, WHICH RATES SHALL BE AS NEARLY
EQUAL TO THE COST OF OPERATION AND MAINTENANCE OF THE STATE NURSING
HOMES AS PRACTICABLE. PAYMENTS SHALL BE MADE TO THE STATE DEPARTMENT
UNLESS OTHERWISE PROVIDED PURSUANT TO A CONTRACT ENTERED INTO
IN ACCORDANCE WITH SECTION 2612119. THE STATE DEPARTMENT
SHALL DEPOSIT SUCH PAYMENTS TOGETHER WITH ANY OTHER MONEYS RECEIVED
FROM ANY SOURCE FOR THE OPERATION AND MAINTENANCE OF THE STATE
NURSING HOMES, WITH THE STATE TREASURER, WHO SHALL CREDIT ALL
SUCH MONEYS TO THE CENTRAL FUND FOR STATE NURSING HOMES, REFERRED
TO IN THIS ARTICLE AS THE "CENTRAL FUND", WHICH FUND
IS HEREBY CREATED.
(b) (I) THE STATE DEPARTMENT IS AUTHORIZED
TO EXPEND MONEYS OUT OF THE CENTRAL FUND FOR THE DIRECT AND INDIRECT
COSTS INCURRED BY THE STATE DEPARTMENT FOR THE OPERATION AND ADMINISTRATION
OF THE STATE NURSING HOMES AND FOR CAPITAL CONSTRUCTION IN CONNECTION
WITH SUCH STATE NURSING HOMES. SUCH EXPENDITURES SHALL NOT REQUIRE
AN APPROPRIATION BY THE GENERAL ASSEMBLY BUT SHALL BE LIMITED
TO AMOUNTS IN THE CENTRAL FUND.
(II) 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.
(III) ALL INTEREST DERIVED FROM THE DEPOSIT
AND INVESTMENT OF MONEYS IN THE CENTRAL FUND SHALL BE CREDITED
TO SUCH FUND. AT THE END OF ANY FISCAL YEAR, ALL UNEXPENDED AND
UNENCUMBERED MONEYS IN THE CENTRAL FUND SHALL REMAIN THEREIN AND
SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY
OTHER FUND.
(c) THE STATE DEPARTMENT SHALL PREPARE
AND SUBMIT TO THE GENERAL ASSEMBLY AN ANNUAL REPORT DETAILING
THE FINANCIAL STATUS OF EACH OF THE STATE NURSING HOMES. THIS
REPORT SHALL ALSO IDENTIFY WHICH OF THE STATE NURSING HOMES ADMINISTERED
PURSUANT TO THE PROVISIONS OF THIS ARTICLE ARE OWNED BY THE STATE
BUT OPERATED UNDER CONTRACT BY ANOTHER ENTITY.
(2) IT IS LAWFUL FOR EACH STATE NURSING
HOME AND THE COLORADO STATE VETERANS CENTER TO DEPOSIT MONEYS
BELONGING TO THE BENEFIT FUND ESTABLISHED PRIOR TO JULY 1, 1985,
AND ALL DONATIONS OR OTHER VOLUNTARY CONTRIBUTIONS THAT MAY BE
RECEIVED ON OR AFTER THAT DATE IN ANY MANNER FOR THE BENEFIT OF
RESIDENTS OF EACH STATE NURSING HOME AND THE COLORADO STATE VETERANS
CENTER IN AN INTERESTBEARING ACCOUNT WITH A FEDERALLY INSURED
FINANCIAL DEPOSITORY PURSUANT TO SECTION 2475603,
C.R.S. WITHDRAWALS FROM SUCH ACCOUNTS SHALL BE MADE ONLY FOR
THE BENEFIT, AID, AND ASSISTANCE OF RESIDENTS OF EACH STATE NURSING
HOME OR THE OCCUPANTS OF THE COLORADO STATE VETERANS CENTER, INCLUDING
RECREATIONAL EQUIPMENT AND FACILITIES.
(3) THE EXECUTIVE DIRECTOR MAY, IN THE
NAME OF THE PEOPLE OF THE STATE OF COLORADO AND THROUGH THE ATTORNEY
GENERAL, INSTITUTE AND MAINTAIN ACTIONS AT LAW FOR THE COLLECTION
OF CHARGES DUE FROM RESIDENTS OF STATE NURSING HOMES AND THE COLORADO
STATE VETERANS CENTER, OR SAID RESIDENTS' CONSERVATORS, GUARDIANS,
EXECUTORS, OR ADMINISTRATORS, RESULTING FROM THE FAILURE, NEGLECT,
OR REFUSAL OF SAID PERSONS TO PAY SUCH CHARGES.
2612109. County chargeability.
FOR THE PURPOSES OF THIS PART 1, A RESIDENT IN ANY STATE NURSING
HOME SHALL BE A CHARGE FOR PUBLIC ASSISTANCE PURPOSES TO THE COUNTY
IN WHICH SUCH STATE NURSING HOME IS LOCATED.
2612110. Declaration of
policy enterprise status. (1) ANY
STATE NURSING HOME OR GROUP OF STATE NURSING HOMES SHALL CONSTITUTE
AN ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION SO LONG AS:
(a) THE STATE DEPARTMENT RETAINS AUTHORITY
TO ISSUE ANTICIPATION WARRANTS ON BEHALF OF SUCH STATE NURSING
HOME OR GROUP OF STATE NURSING HOMES; AND
(b) SUCH STATE NURSING HOME OR GROUP OF
STATE NURSING HOMES RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL
ANNUAL REVENUES IN GRANTS FROM THE STATE AND ALL COLORADO LOCAL
GOVERNMENTS COMBINED.
(2) SO LONG AS IT CONSTITUTES AN ENTERPRISE,
A STATE NURSING HOME OR A GROUP OF STATE NURSING HOMES SHALL NOT
BE SUBJECT TO ANY OF THE PROVISIONS OF SECTION 20 OF ARTICLE X
OF THE STATE CONSTITUTION.
2612111. Proposed state
nursing homes criteria. (1) THE
STATE DEPARTMENT, IN CONSULTATION WITH THE COLORADO BOARD OF VETERANS
AFFAIRS, SHALL BE RESPONSIBLE FOR RECOMMENDING ANY PROPOSED SITES
FOR STATE NURSING HOMES TO BE CONSTRUCTED, LEASED, OR PURCHASED
ON OR AFTER JULY 1, 1998, TO THE CAPITAL DEVELOPMENT COMMITTEE
AND THE JOINT BUDGET COMMITTEE. THE GENERAL ASSEMBLY SHALL BE
RESPONSIBLE FOR THE SELECTION OF ANY PROPOSED SITE FOR SUCH STATE
NURSING HOMES.
(2) WHEN EVALUATING A POTENTIAL SITE FOR
A PROPOSED STATE NURSING HOME, THE FOLLOWING CRITERIA SHALL BE
CONSIDERED:
(a) THE PROXIMITY OF THE PROPOSED FACILITY
TO VETERANS AFFAIRS MEDICAL SERVICES;
(b) THE IMPACT THE PROPOSED HOME WOULD
HAVE UPON THE FINANCIAL VIABILITY OF STATE NURSING HOMES ALREADY
IN EXISTENCE;
(c) WHETHER THERE IS AN ESTABLISHED BED
NEED FOR THE PROPOSED STATE NURSING HOME BASED UPON THE LOCATION
OF COLORADO VETERANS, THEIR FAMILIES, AND SUPPORT SYSTEMS.
(3) ANY STATE NURSING HOME CONSTRUCTED,
LEASED, OR PURCHASED ON OR AFTER JULY 1, 1998, SHALL HAVE A BED
CAPACITY OF AT LEAST ONE HUNDRED TWENTY BEDS.
(4) NO STATE VETERANS NURSING HOME SHALL
BE CONSTRUCTED ON OR AFTER JULY 1, 1998, UNLESS OTHER STATE VETERANS
NURSING HOMES HAVE MAINTAINED AN AVERAGE OCCUPANCY RATE OF AT
LEAST EIGHTY PERCENT OVER THE SIXMONTH PERIOD IMMEDIATELY
PRIOR TO THE COMMENCEMENT OF THE CONSTRUCTION OF THE NEW STATE
VETERANS NURSING HOME.
2612112. Powers and duties
of state department. (1) THE
STATE DEPARTMENT MAY, IN ADDITION TO THE POWERS GRANTED IN THIS
ARTICLE, WHENEVER AUTHORIZED AND LOCATIONS HAVE BEEN DESIGNATED
BY THE GENERAL ASSEMBLY:
(a) ESTABLISH, CONSTRUCT, OPERATE, MAINTAIN,
AND IMPROVE, WITHIN THE STATE OF COLORADO, BUILDINGS AND FACILITIES,
AND THE MEANS NECESSARY THERETO, FOR THE FULL EXERCISE OF THE
POWERS GRANTED BY THIS ARTICLE;
(b) IDENTIFY THE RECORDS THAT THE NURSING
HOME ADMINISTRATOR OF EACH STATE NURSING HOME SHALL SUBMIT TO
THE STATE DEPARTMENT;
(c) SET ASIDE A SPECIAL SINKING FUND ACCOUNT
IN THE CENTRAL FUND FOR THE PAYMENT OF ANTICIPATION WARRANTS AUTHORIZED
BY AND ISSUED UNDER THE PROVISIONS OF SECTION 2612113
AND FOR THE PAYMENT OF INTEREST DUE ON SUCH WARRANTS; EXCEPT THAT
THE STATE DEPARTMENT SHALL NOT PLEDGE THE GENERAL INCOME OF THE
STATE OF COLORADO OR APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY
FOR ANY STATE NURSING HOME, NOR SHALL IT CREATE A MORTGAGE UPON
THE PROPERTY BELONGING TO ANY SUCH STATE NURSING HOME, FOR THE
PAYMENT OF THE PRINCIPAL OF THE WARRANTS AND INTEREST THEREON.
THE STATE DEPARTMENT SHALL DEPOSIT INTO THE SINKING FUND ACCOUNT
FEES AND REVENUES RECEIVED FROM RESIDENTS AT STATE NURSING HOMES
SUFFICIENT TO COVER NECESSARY RESERVE ACCOUNTS AND PRINCIPAL AND
INTEREST PAYMENTS, WHICH FEES AND REVENUES SHALL FIRST BE APPLIED
UPON THE PAYMENT OF PRINCIPAL AND SUCH ANTICIPATION WARRANTS AND
INTEREST THEREON. ANY MONEYS IN SAID SINKING FUND ACCOUNT NOT
NECESSARY FOR THE RESERVE NOR FOR THE PAYMENT OF SAID PRINCIPAL
AND INTEREST MAY BE MADE AVAILABLE FOR THE MAINTENANCE AND OPERATION
OF SUCH STATE NURSING HOMES.
(d) ACCEPT ANY GRANTS FROM, OR PAYMENTS
MADE BY, THE UNITED STATES OR ANY AGENCY OR INSTRUMENTALITY THEREOF
AND RECEIVE GIFTS, LEGACIES, DEVISES, AND CONVEYANCES OF PROPERTY,
REAL OR PERSONAL, THAT MAY BE MADE, GIVEN, TRANSFERRED PURSUANT
TO A PURCHASE AND SALE, OR GRANTED TO THE STATE DEPARTMENT FOR
STATE NURSING HOMES. THE STATE DEPARTMENT, WITH THE APPROVAL
OF THE GOVERNOR, SHALL MAKE DISPOSITION OF SUCH PROPERTY IN THE
BEST INTEREST OF THE STATE NURSING HOMES UNDER THE CONTROL AND
SUPERVISION OF THE STATE DEPARTMENT.
(2) ALL TITLES TO REAL PROPERTY AND ALL
IMPROVEMENTS THEREON SHALL BE VESTED IN THE STATE, AND THE TITLE
DEEDS THERETO AND ALL INSURANCE POLICIES, CERTIFICATES OF WATER
RIGHTS, AND OTHER EVIDENCES OF OWNERSHIP TO THE REAL PROPERTY
OR IMPROVEMENTS OF SAID NURSING HOME SHALL BE DEPOSITED WITH THE
STATE DEPARTMENT.
(3) NO PAYMENT SHALL BE MADE OUT OF THE
STATE TREASURY OR OTHERWISE FOR ANY REAL PROPERTY DESCRIBED IN
THIS SECTION UNTIL THE TITLE HAS BEEN EXAMINED AND APPROVED BY
THE ATTORNEY GENERAL. EVERY SUCH DEED OF CONVEYANCE SHALL BE
IMMEDIATELY RECORDED IN THE OFFICE OF THE PROPER COUNTY CLERK
AND RECORDER AND THEREAFTER DEPOSITED WITH THE STATE DEPARTMENT.
2612113. Anticipation warrants
legislative declaration. (1) (a) FOR
THE PURPOSE OF DEFRAYING THE COST OF CONSTRUCTION OF NEW FACILITIES,
RECONSTRUCTION OR IMPROVEMENT OF EXISTING FACILITIES, AND MAINTENANCE
AND OPERATION OF SUCH FACILITIES, THE STATE DEPARTMENT MAY, WITH
THE APPROVAL OF THE GOVERNOR, ISSUE ANTICIPATION WARRANTS THAT
SHALL BE PAYABLE SOLELY FROM THE SINKING FUND ACCOUNT DESCRIBED
IN SECTION 2612112, AND THE PAYMENTS AND INTEREST
ON SUCH ANTICIPATION WARRANTS SHALL BE A FIRST CHARGE ON AND SHALL
BE PAYABLE FROM SAID ACCOUNT.
(b) THE GENERAL ASSEMBLY HEREBY FINDS
AND DECLARES THAT THE AUTHORITY TO ISSUE ANTICIPATION WARRANTS
AS SET FORTH IN THIS SECTION SHALL CONSTITUTE AUTHORITY TO ISSUE
REVENUE BONDS FOR THE PURPOSES OF SECTION 20 OF ARTICLE X OF THE
STATE CONSTITUTION.
(2) ANY OTHER PROVISION OF THIS ARTICLE
NOTWITHSTANDING, THE STATE DEPARTMENT MAY NOT ISSUE ANY ANTICIPATION
WARRANTS OR OTHERWISE BORROW FUNDS FOR THE CONSTRUCTION OF ADDITIONAL
STATE NURSING HOMES, UNLESS SUCH CONSTRUCTION OF ADDITIONAL STATE
NURSING HOMES IS SPECIFICALLY AUTHORIZED BY LAW.
2612114. Interest
term. ALL ANTICIPATION WARRANTS ISSUED
UNDER THE PROVISIONS OF SECTIONS 2612110 TO 2612118
SHALL BEAR INTEREST AT A RATE DETERMINED BY THE STATE DEPARTMENT
AND SHALL BE EXECUTED IN SUCH A MANNER, SHALL BE PAID SERIALLY
IN SUCH ANNUAL INSTALLMENTS, BEGINNING NOT LATER THAN TWO YEARS
AND EXTENDING NOT MORE THAN TWENTYFIVE YEARS FROM THE DATE
THEREOF, AND SHALL BE EXECUTED AND PAID AT SUCH PLACE OR PLACES
AS THE EXECUTIVE DIRECTOR SHALL DETERMINE.
2612115. Signatures validated.
IF ANY OF THE OFFICERS WHOSE SIGNATURES OR COUNTERSIGNATURES
APPEAR ON THE ANTICIPATION WARRANTS ISSUED UNDER THE PROVISIONS
OF THIS ARTICLE OR COUPONS ATTACHED THERETO CEASE TO BE SUCH OFFICERS
BEFORE DELIVERY OF SUCH WARRANTS, SUCH SIGNATURES AND COUNTERSIGNATURES
SHALL NEVERTHELESS BE VALID AND SUFFICIENT FOR ALL PURPOSES WITH
THE SAME FORCE AND EFFECT AS IF THEY HAD REMAINED IN OFFICE UNTIL
SUCH DELIVERY.
2612116. Obligations limited.
(1) NOTHING IN SECTIONS 2612110 TO 2612118
SHALL BE CONSTRUED AS TO AUTHORIZE THE STATE DEPARTMENT TO INCUR
ANY OBLIGATION OF ANY KIND OR NATURE EXCEPT SUCH AS SHALL BE PAYABLE
SOLELY FROM MONEYS ACCRUING TO THE SPECIAL SINKING FUND ACCOUNT
CREATED PURSUANT TO SECTION 2612112.
(2) IT SHALL BE PLAINLY STATED ON THE
FACE OF EACH ANTICIPATION WARRANT THAT IT HAS BEEN ISSUED UNDER
THE PROVISIONS OF SECTIONS 2612110 TO 2612118
AND THAT IT DOES NOT CONSTITUTE AN INDEBTEDNESS OF THE GENERAL
FUND OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL PROVISION
OR LIMITATION.
2612117. Anticipation warrants
legal investments. IT IS LAWFUL FOR THE
STATE OF COLORADO, ANY OF ITS DEPARTMENTS, INSTITUTIONS, OR AGENCIES,
OR ANY POLITICAL SUBDIVISION OF THE STATE TO PURCHASE ANTICIPATION
WARRANTS ISSUED PURSUANT TO THE PROVISIONS OF SECTIONS 2612110
TO 2612118 IF SUCH WARRANTS SATISFY THE INVESTMENT
REQUIREMENTS ESTABLISHED IN PART 6 OF ARTICLE 75 OF TITLE 24,
C.R.S.; EXCEPT THAT THE STATE, ITS DEPARTMENTS, INSTITUTIONS,
OR AGENCIES, OR ANY OF ITS POLITICAL SUBDIVISIONS SHALL NOT INVEST
MORE THAN TWENTY PERCENT OF THE TOTAL OF ANY SPECIFIC FUND OF
SUCH ENTITIES IN SUCH WARRANTS.
2612118. Order of payment
of warrants. THE ANTICIPATION WARRANTS
ISSUED UNDER THIS PART 1 SHALL BE SERIALLY NUMBERED AND SHALL
BE PAID OFF AND RETIRED IN THE ORDER IN WHICH THEY WERE ISSUED.
2612119. Contractual agreements.
(1) THE STATE DEPARTMENT IS AUTHORIZED TO CONTRACT
WITH ANY PUBLIC OR PRIVATE ENTITY FOR ALL OR PART OF THE OPERATION
OR MANAGEMENT OF ANY STATE NURSING HOME IN ACCORDANCE WITH THE
"PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24,
C.R.S., AND WITH PART 5 OF ARTICLE 50 OF TITLE 24, C.R.S.
(2) ANY CONTRACT AUTHORIZED PURSUANT TO
SUBSECTION (1) OF THIS SECTION SHALL SPECIFY THE ENTITY'S REPORTING
RELATIONSHIP TO THE STATE AND DELINEATE RESPONSIBILITY FOR RATE
CALCULATION, FINANCIAL PERFORMANCE, LIABILITY, AND COMPLIANCE
WITH SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.
2612120. Intestate estate
escheat. (1) IF A RESIDENT
DIES WITHOUT LEGAL HEIRS AND WITHOUT A WILL DISPOSING OF HIS OR
HER ESTATE, ALL OF THE PROPERTY, REAL AND PERSONAL, SHALL PASS
TO THE STATE OF COLORADO FOR THE SOLE USE AND BENEFIT OF THE STATE
NURSING HOME IN WHICH THE RESIDENT LIVED AT THE TIME OF HIS OR
HER DEATH, SUBJECT TO THE PROVISIONS OF SECTION 264403.3
AND SUBSECTION (2) OF THIS SECTION.
(2) (a) THE PERSONAL PROPERTY AND
EFFECTS OF DECEASED RESIDENTS SHALL BE TAKEN INTO POSSESSION BY
THE STATE NURSING HOME ADMINISTRATOR OF THE STATE NURSING HOME
IN WHICH THE RESIDENT LIVED AT THE TIME OF HIS OR HER DEATH AND
HELD IN ACCORDANCE WITH THE RULES OF THE STATE BOARD.
(b) SUCH RULES SHALL PROVIDE FOR A SUFFICIENT
PERIOD OF TIME NOT TO EXCEED ONE YEAR IN WHICH THE HEIRS OF A
DECEASED RESIDENT MAY MAKE CLAIM TO THE DECEASED RESIDENT'S PROPERTY
AND EFFECTS. IF NO CLAIM IS MADE TO THE PROPERTY, THE PROPERTY
MAY BE SOLD, AND THE PROCEEDS OF THE SALE SHALL BE PLACED IN THE
BENEFIT FUND CREATED BY SECTION 2612108 (2) FOR THE
PERSONAL USE AND BENEFIT OF OTHER RESIDENTS OF THE STATE NURSING
HOME IN WHICH THE RESIDENT LIVED AT THE TIME OF HIS OR HER DEATH,
SUBJECT TO CLAIMS AS A RESULT OF APPROPRIATE JUDICIAL PROCEEDINGS.
PART 2
SPECIFIC STATE
NURSING HOMES AUTHORIZED
2612201. State nursing
homes authorized. (1) THERE
IS HEREBY ESTABLISHED A STATE NURSING HOME, TO BE KNOWN AS THE
TRINIDAD STATE NURSING HOME, TO BE LOCATED AT OR NEAR THE CITY
OF TRINIDAD, COLORADO.
(2) (a) SUBJECT TO AVAILABLE APPROPRIATIONS,
THERE IS HEREBY AUTHORIZED THE ESTABLISHMENT AND CONSTRUCTION
OF STATE NURSING HOMES FOR VETERANS OF SERVICE IN THE ARMED FORCES
OF THE UNITED STATES AND THEIR SPOUSES, SURVIVING SPOUSES, OR
DEPENDENT PARENTS. EACH SUCH STATE NURSING HOME SHALL BE KNOWN
AS THE COLORADO STATE VETERANS NURSING HOME, COLLECTIVELY REFERRED
TO IN THIS ARTICLE AS "STATE VETERANS NURSING HOMES".
(b) STATE VETERANS NURSING HOMES SHALL
BE LOCATED AT OR NEAR THE CITY OF FLORENCE, AT OR NEAR THE CITY
OF WALSENBURG, AT OR NEAR THE CITY OF RIFLE, AND IN HOMELAKE.
(3) THE STATE DEPARTMENT SHALL EVALUATE
ANY PROPOSED SITES FOR A STATE VETERANS NURSING HOME TO BE CONSTRUCTED,
LEASED, OR PURCHASED ON OR AFTER JULY 1, 1998, IN ACCORDANCE WITH
SECTION 2612111.
(4) THE STATE VETERANS NURSING HOMES SHALL
BE DESIGNED AND CONSTRUCTED SO AS TO QUALIFY FOR FEDERAL FUNDING
UNDER THE PROVISIONS OF FEDERAL PUBLIC LAW 88450, AS AMENDED.
THE STATE VETERANS NURSING HOMES SHALL BE UNDER THE CONTROL AND
SUPERVISION OF THE STATE DEPARTMENT, AND THEY SHALL BE OPERATED
SO AS TO QUALIFY FOR PER DIEM PAYMENTS FROM THE UNITED STATES
VETERANS ADMINISTRATION UNDER THE PROVISIONS OF 38 U.S.C. SEC. 641.
2612202. Walsenburg
contractual arrangement. (1) FOR
AS LONG AS THE CONTRACT IS IN EFFECT WITH THE HUERFANO COUNTY
HOSPITAL DISTRICT FOR THE OPERATION OF THE WALSENBURG STATE VETERANS
NURSING HOME, THE CONTRACT SHALL STATE THAT THE HOME IS A SEPARATE
ENTITY FOR FINANCIAL REPORTING PURPOSES. THE CONTRACT SHALL ALSO
STATE THAT THE DISTRICT IS RESPONSIBLE FOR FINANCIAL REPORTING,
RATE CALCULATION, FINANCIAL PERFORMANCE, COMPLIANCE WITH ALL STATE
AND FEDERAL REGULATIONS, AND COMPLIANCE WITH SECTION 20 OF ARTICLE
X OF THE STATE CONSTITUTION.
(2) THE WALSENBURG STATE VETERANS NURSING
HOME SHALL REMAIN A STATEOWNED ENTITY FOR PURPOSES OF QUALIFYING
FOR FEDERAL VETERANS ASSISTANCE PAYMENTS AND OTHER FEDERAL VETERANS
PROGRAMS.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AFFECTING THE STATE'S ABILITY TO TAKE OVER OPERATIONS OR TO CONTRACT WITH ANY OTHER ENTITY SHOULD THE CONTRACT WITH THE DISTRICT TERMINATE.
2612203. The Colorado state
veterans center jurisdiction.
(1) (a) THE COLORADO STATE VETERANS CENTER, LOCATED
NEAR MONTE VISTA, CONSISTING OF A STATE NURSING HOME AND A DOMICILIARY
CARE UNIT, REFERRED TO IN THIS ARTICLE AS THE "CENTER",
AS TRANSFERRED TO THE STATE DEPARTMENT BY THE "ADMINISTRATIVE
ORGANIZATION ACT OF 1968", IS HEREBY DECLARED TO BE A STATE
HOME FOR VETERANS OF SERVICE IN THE ARMED FORCES OF THE UNITED
STATES AND THEIR SPOUSES, SURVIVING SPOUSES, AND DEPENDENT PARENTS.
(b) THE LEGAL EFFECT OF ANY STATUTE ENACTED
PRIOR TO JULY 1, 1973, DESIGNATING SUCH INSTITUTION AS THE SOLDIERS'
AND SAILORS' HOME OR THE MONTE VISTA GOLDEN AGE CENTER, OR BY
ANY OTHER NAME, OR PROPERTY RIGHTS ACQUIRED AND OBLIGATIONS INCURRED
PRIOR TO SAID DATE UNDER ANY OTHER NAME, SHALL NOT BE IMPAIRED
HEREBY.
(2) THE CENTER SHALL BE UNDER THE CONTROL
AND SUPERVISION OF THE STATE DEPARTMENT.
(3) FOR PURPOSES OF THIS SECTION, "DOMICILIARY
CARE" MEANS THE PROVISION OF SHELTER, FOOD, AND NECESSARY
MEDICAL CARE ON AN AMBULATORY SELFCARE BASIS:
(a) TO ASSIST ANY INDIVIDUAL WHO IS ELIGIBLE
FOR OCCUPANCY IN THE COLORADO STATE VETERANS CENTER PURSUANT TO
SECTIONS 2612104 AND 2612106 AND WHO IS
SUFFERING FROM AN INCAPACITATING DISABILITY, DISEASE, OR DEFECT
THAT PREVENTS SUCH VETERAN FROM EARNING A LIVING, BUT THAT DOES
NOT REQUIRE HOSPITALIZATION OR NURSING CARE SERVICES TO ATTAIN
PHYSICAL, MENTAL, AND SOCIAL WELLBEING; AND
(b) TO RESTORE, THROUGH SPECIAL REHABILITATIVE
PROGRAMS, SUCH INDIVIDUAL TO HIS OR HER HIGHEST LEVEL OF FUNCTIONING.
2612204. Sale of property. (1) THE EXECUTIVE DIRECTOR, WITH THE APPROVAL OF THE STATE BOARD, SHALL SELL ANY REAL PROPERTY AT THE COLORADO STATE VETERANS CENTER 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.
(2) UPON THE SALE OF REAL PROPERTY PURSUANT
TO SUBSECTION (1) OF THIS SECTION, THE PROCEEDS SHALL BE DEPOSITED
IN THE CENTRAL FUND AND APPLIED TOWARD THE RETIREMENT OF ANY OUTSTANDING
ANTICIPATION WARRANTS.
2612205. Burial
Colorado state veterans center. (1) ANY
VETERAN WHO SERVED HONORABLY IN ANY BRANCH OF THE ARMED FORCES
OF THE UNITED STATES DURING ANY WAR OF THE UNITED STATES OR WHO
HAS SERVED UNDER CONDITIONS DETERMINED COMPARABLE THERETO AND
WHO AT THE TIME OF HIS OR HER DEATH WAS A RESIDENT OF THIS STATE
SHALL BE ELIGIBLE FOR BURIAL AND INTERMENT AT THE CENTER.
(2) BURIAL AND INTERMENT MAY BE PROVIDED
AT THE CENTER FOR ANY SPOUSE, SURVIVING SPOUSE, OR DEPENDENT PARENT
OF AN HONORABLY DISCHARGED VETERAN OF ANY BRANCH OF THE ARMED
FORCES OF THE UNITED STATES WHO WAS ENGAGED IN ANY OF ITS WARS
OR WHO HAS SERVED UNDER CONDITIONS DETERMINED COMPARABLE THERETO
WHEN SUCH SPOUSE, SURVIVING SPOUSE, OR DEPENDENT PARENT WAS AN
OCCUPANT OF THE CENTER AT THE TIME OF DEATH.
(3) ALL NECESSARY EXPENSES INCIDENT TO
THE BURIAL AND INTERMENT AT THE CENTER OF ANY PERSON WHO MAY BE
BURIED AND INTERRED AT THE CENTER PURSUANT TO THE PROVISIONS OF
THIS SECTION SHALL BE PAID FROM THE ESTATE OF THE DECEDENT.
2612206. Statement of intent.
THE GENERAL ASSEMBLY OF THE STATE OF COLORADO HEREBY EXPRESSES
ITS INTENT TO APPROPRIATE THE NECESSARY FUNDS FROM TIME TO TIME
TO PLAN AND CONSTRUCT THE STATE NURSING HOMES AND TO OPERATE SAID
HOMES IN ACCORDANCE WITH TITLE 38, U.S. CODE.
2612207. Federal funds.
WHENEVER A LAW OR RULE PERTAINING TO THE VETERANS ADMINISTRATION
OR ANY OTHER FEDERAL LAW PERMITS THE STATE TO RECEIVE FEDERAL
FUNDS FOR THE USE AND BENEFIT OF THE STATE NURSING HOMES, THE
EXECUTIVE DIRECTOR SHALL APPLY FOR AND USE SUCH FEDERAL FUNDS
FOR THE BENEFIT OF THE STATE NURSING HOMES.
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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO