First Regular Session
Sixty-second General Assembly
LLS NO. 99-0196.01 Jennifer Gilroy HOUSE BILL 99-1166
STATE OF COLORADO
BY REPRESENTATIVE Tochtrop;
also SENATOR Wham.
REREVISED
HEALTH, ENVIRONMENT, WELFARE, & INSTITUTIONS
A BILL FOR AN ACT
101 []CONCERNING PERSONAL NEEDS FUNDING FOR MEDICAID RESIDENTS IN
102 NURSING CARE [FACILITIES, AND MAKING AN APPROPRIATION IN
103 CONNECTION THEREWITH]
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
[]Changes the personal needs allowance by increasing the minimum
amount payable to a resident of a nursing facility or an intermediate care
facility for the mentally retarded from $34 to $50.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 26-4-504 (2), Colorado Revised Statutes, is
3 amended to read:
4 26-4-504. Personal needs benefits - amount - patient personal
5 needs trust fund required - funeral and burial expenses - penalty for
6 illegal retention and use. (2) (a) The basic minimum amount payable
7 pursuant to subsection (1) of this section for personal needs to any
8 recipient admitted to a nursing facility or intermediate care facility for the
9 mentally retarded shall be thirty-four FIFTY dollars monthly.
10 (b) (I) On and after October 1, 1992, the basic minimum amount
11 payable pursuant to subsection (1) of this section for personal needs shall
12 be ninety dollars for the following persons:
13 (A) A medical assistance recipient who receives a non-service
14 connected disability pension from the United States veterans
15 administration, has no spouse or dependent child, and is admitted to or
16 is residing in a nursing facility; other than facilities described in section
17 26-12-401; and
18 (B) A medical assistance recipient who is a surviving spouse of
19 a person who received a non-service connected disability pension from
20 the United States veterans administration, has no dependent child, and is
21 admitted to or is residing in a nursing facility. other than facilities
22 described in section 26-12-401.
23 (II) Repealed.
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1 [SECTION 2. Appropriation - adjustment in 1999 long bill.
2 (1) In addition to any other appropriation, there is hereby appropriated
3 to the department of health care policy and financing, executive director's
4 office, for the fiscal year beginning July 1, 1999, the sum of fourteen
5 thousand four hundred dollars ($14,400), or so much thereof as may be
6 necessary, for the implementation of this act. Of said sum, seven
7 thousand two hundred dollars ($7,200) shall be from the general fund,
8 and seven thousand two hundred dollars ($7,200) shall be from federal
9 funds anticipated to be received by the department.
10 (2) In addition to any other appropriation, there is hereby
11 appropriated to the department of health care policy and financing,
12 medical services premiums, for the fiscal year beginning July 1, 1999, the
13 sum of one million five hundred seventy-five thousand two hundred
14 dollars ($1,575,200), or so much thereof as may be necessary, for the
15 implementation of this act. Of said sum, seven hundred eighty-six
16 thousand twenty-five dollars ($786,025) shall be from the general fund
17 and subject to the "(M)" notation as defined in the general appropriation
18 act, and seven hundred eighty-nine thousand one hundred seventy-five
19 dollars ($789,175) shall be from federal funds anticipated to be received
20 by the department.
21 (3) In addition to any other appropriation, there is hereby
22 appropriated to the department of human services, office of information
23 technology services, for the fiscal year beginning July 1, 1999, the sum
24 of fourteen thousand four hundred dollars ($14,400), or so much thereof
25 as may be necessary, for the implementation of this act. Said sum shall
26 be from cash funds exempt received from the department of health care
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1 policy and financing out of the appropriation made in subsection (1) of
2 this section.
3 (4) In addition to any other appropriation, there is hereby
4 appropriated to the department of human services, self-sufficiency, for
5 the fiscal year beginning July 1, 1999, the sum of one hundred
6 twenty-seven thousand eight hundred forty dollars ($127,840), or so
7 much thereof as may be necessary, for the implementation of this act. Of
8 said sum, thirty-six thousand six hundred eight dollars ($36,608) shall be
9 from the general fund, eighty-two thousand eighty dollars ($82,080) shall
10 be from the old age pension fund, and nine thousand one hundred
11 fifty-two dollars ($9,152) shall be from local matching funds.
12 (5) For the implementation of this act, appropriations made in the
13 annual general appropriation act for the fiscal year beginning July 1,
14 1999, shall be adjusted as follows:
15 (a) The general fund appropriation to the capital construction
16 fund outlined in section 3 (1) (f) is reduced by eight hundred twenty-nine
17 thousand eight hundred thirty-three dollars ($829,833).
18 (b) The capital construction fund exempt appropriation to the
19 department of transportation, construction projects, is reduced by eight
20 hundred twenty-nine thousand eight hundred thirty-three dollars
21 ($829,833).]
22 SECTION [3.] Effective date. This act shall take effect at 12:01
23 a.m. on the day following the expiration of the ninety-day period after
24 final adjournment of the general assembly that is allowed for submitting
25 a referendum petition pursuant to article V, section 1 (3) of the state
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1 constitution; except that, if a referendum petition is filed against this act
2 or an item, section, or part of this act within such period, then the act,
3 item, section, or part, if approved by the people, shall take effect on the
4 date of the official declaration of the vote thereon by proclamation of the
5 governor.[]