Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 22-0484.01 Pierce Lively x2059 HOUSE BILL 22-1005 House Committees Senate Committees Health & Insurance Finance Appropriations A BILL FOR AN ACT C ONCERNING MODIFICATIONS TO THE EXISTING TAX CREDIT FOR101 RURAL AND FRONTIER HEALTH -CARE PRECEPTORS.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) Under current law, for tax years commencing on or after January 1, 2017, but prior to January 1, 2023, the credit for health-care preceptors working in rural and frontier areas offers an income tax credit in the amount of $1,000 to health-care professionals who provide a preceptorship, an uncompensated mentoring experience for eligible health professional students that includes a specified minimum amount of HOUSE 3rd Reading Unamended April 25, 2022 HOUSE Amended 2nd Reading April 22, 2022 HOUSE SPONSORSHIP McCluskie and Will, Amabile, Bernett, Bird, Bockenfeld, Caraveo, Cutter, Duran, Esgar, Exum, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McLachlan, Michaelson Jenet, Mullica, Pelton, Ricks, Roberts, Soper, Titone, Valdez A., Valdez D., Weissman SENATE SPONSORSHIP Rankin, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. personalized instruction, training, and supervision, during the applicable income tax year. The bill modifies the tax credit by: ! Extending the period for which the tax credit may be claimed to tax years commencing prior to January 1, 2033; ! Allowing up to 300, rather than 200, preceptors to claim the credit in any tax year; ! Expanding who may offer a preceptorship to include a medical doctor, doctor of osteopathic medicine, advanced practice nurse, physician assistant, doctor of dental surgery or doctor of dental medicine, registered nurse, registered dental hygienist, licensed clinical or counseling psychologist, licensed clinical social worker, licensed professional counselor, licensed marriage and family therapist, psychiatric nurse specialist, licensed addiction counselor, or certified addiction counselor working in an outpatient clinical setting who has been licensed in his or her primary health-care field in the state by the applicable licensing authority; ! Expanding who may participate in a preceptorship to include individuals matriculating at any accredited Colorado institution of higher education seeking a degree or certification in a primary health-care field; ! Allowing nonconsecutive days to be counted when determining the eligibility of a preceptorship for the credit; ! Modifying the definitions of "rural areas", "preceptorship", and "primary health-care" for purposes of the tax credit; ! Modifying the certification requirements for taxpayers who claim the tax credit; and ! Providing a tax preference performance statement for the tax credit. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 39-22-538, amend2 (1), (2)(d), (2)(e), (2)(f), (2)(g), (3), and (4); repeal (2)(c); and add3 (2)(c.5) as follows:4 39-22-538. Credit for health-care preceptors working in health5 professional shortage areas - legislative declaration - definitions.6 (1) (a) The general assembly finds, determines, and declares that:7 1005-2- (I) It is vital to the well-being, quality of life, and economic1 development of the entire state that excellent health care be available in2 all regions of the state, including rural and frontier areas;3 (II) Rural areas of the state currently suffer from a shortage of4 primary health- care providers and, as a result, these communities5 experience reduced access to such providers and poorer health-care6 outcomes; and7 (III) A consistent problem is a lack of professional instruction,8 training, and supervision in rural and frontier areas that allows students9 studying primary care to obtain the requisite professional mentoring and10 supervision to allow them to practice in such areas upon obtaining a11 professional degree.12 (IV) T HE COVID-19 PANDEMIC AND SUBSEQUENT EC ONOMIC13 CRISIS HAVE CAUSED SIGNIFICANT CHALLENGES FOR COLORADO'S14 HEALTH-CARE SYSTEM AND EXACERBATED THE WORKFORCE SHORTAGE15 ACROSS MULTIPLE DISCIPLINES AND SECTORS OF THE HEALTH -CARE16 INDUSTRY;17 (V) W HILE THE PANDEMIC HAS HAD LASTING IMPACTS ON THE18 ENTIRE HEALTH-CARE SYSTEM ACROSS THE STATE , RURAL COLORADO IS19 EXPERIENCING THE MOST SEVERE WORKFORCE TURNOVER AND20 SHORTAGES, AND AS A RESULT THESE COMMUNITIES EXPERIENCE REDUCED21 ACCESS TO PRIMARY CARE SERVICES AND EXHIBIT POORER HEALTH22 OUTCOMES;23 (VI) R URAL COMMUNITIES OFTEN FACE CHALLENGES IN24 RECRUITING AN ADEQUATE HEALTH WORKFORCE , MAKING IT DIFFICULT TO25 PROVIDE NEEDED PATIENT CARE OR TO MEET STAFFING REQUIREMENTS26 FOR THEIR FACILITIES. THEREFORE, RURAL HEALTH-CARE FACILITIES27 1005 -3- SHOULD BE PROACTIVE AND STRATEGIC ABOUT RECRUITING AND1 RETAINING PRIMARY CARE PERSONNEL , WHICH INCLUDES PROFESSIONALS2 IN PHYSICAL, DENTAL, BEHAVIORAL, AND MENTAL HEALTH.3 (VII) M OST OF COLORADO'S FORTY-SEVEN RURAL AND FRONTIER4 COUNTIES ARE ALSO DESI GNATED AS PRIMARY CARE HEALTH5 PROFESSIONAL SHORTAGE AREAS BY THE COLORADO PRIMARY CARE6 OFFICE;7 (VIII) P RECEPTORSHIP PROGRAMS ARE A CRITICAL COMPONENT OF8 CLINICAL TRAINING AND A PROVEN APPROACH TO DEVELOPING9 ONE-ON-ONE RELATIONSHIPS BETWEEN EXPERT PROFESSIONALS AND10 STUDENTS NEEDING TO DEVELOP THE CLINICAL SKILLS AND PRACTICAL11 EXPERIENCE OF WORKING WITH PATIENTS IN RURAL SETTINGS ;12 (IX) H EALTH PROFESSIONAL STUDENTS WHO OBTAIN A13 SIGNIFICANT AMOUNT OF THEIR CLINICAL TRAINING IN RURAL14 COMMUNITIES AND UNDER THE GUIDANCE OF RURAL HEALTH -CARE15 PROVIDERS ARE MUCH MORE LIKELY TO LIVE AND WORK IN A RURAL OR16 FRONTIER AREA AFTER COMPLETING THEIR HEALTH PROFESSIONAL17 TRAINING;18 (X) R ECENT STUDIES AND SURVEYS BY THE AMERICAN ACADEMY19 OF FAMILY PHYSICIANS HAVE SHOWN THAT PRIMARY CARE PHYSICIANS20 ARE MORE LIKELY TO ENGAGE IN PRECEPTORSHIPS WHEN PROFESSIONAL21 RECOGNITION AND FINANCIAL INCENTIVES ARE PROVIDED ; AND22 (XI) T HE GENERAL ASSEMBLY THEREFORE FINDS THAT23 MAINTAINING A HIGHLY QUALIFIED AND SUSTAINABLE RURAL24 HEALTH-CARE WORKFORCE DEPENDS ON THE EXTENSION AND EXPANSION25 OF THE RURAL AND FRONTIER HEALTH -CARE PRECEPTOR TAX CREDIT TO26 PROVIDE SUFFICIENT FINANCIAL INCENTIVES TO PRECEPTORS STATEWIDE .27 1005 -4- (b) The general assembly intends that the tax credit created in this1 section is to be used to provide sufficient financial incentives to2 encourage preceptors to offer professional instruction, training, and3 supervision to students seeking careers as primary health-care providers4 in rural and frontier areas of the state.5 (c) The general assembly further intends that the tax credit provide6 sufficient financial incentives to encourage preceptors to offer7 professional instruction, training, and supervision to students8 matriculating at Colorado institutions of higher education seeking careers9 as primary health-care providers in rural and frontier areas of the state. 10 (d) I N ACCORDANCE WITH SECTION 39-21-304 (1), WHICH11 REQUIRES EACH BILL THAT EXTENDS AN EXPIRING TAX EXPENDITURE TO12 INCLUDE A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A13 STATUTORY LEGISLATIVE DECLARATION , THE GENERAL ASSEMBLY HEREBY14 FINDS AND DECLARES THAT:15 (I) T HE GENERAL LEGISLATIVE PURPOSES OF THE TAX CREDIT16 ALLOWED BY THIS SECTION ARE:17 (A) T O INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS ,18 SPECIFICALLY THE OFFERING OF PROFESSIONAL INSTRUCTION , TRAINING,19 AND SUPERVISION TO STUDENTS SEEKING CAREERS AS PRIMARY20 HEALTH-CARE PROVIDERS IN RURAL AREAS AND FRONTIER AREAS OF THE21 STATE; AND22 (B) T O PROVIDE TAX RELIEF TO PRECEPTORS IN RURAL AND23 FRONTIER AREAS OF THE STATE WHO OFFER THE PROFESSIONAL24 INSTRUCTION, TRAINING, AND SUPERVISION DESCRIBED IN SUBSECTION25 (1)(d)(I)(A) OF THIS SECTION; AND26 (II) T HE SPECIFIC LEGISLATIVE PURPOSE OF THE TAX CREDIT27 1005 -5- ALLOWED BY THIS SECTION IS TO ENCOURAGE PRECEPTORS TO OFFER1 PROFESSIONAL INSTRUCTION, TRAINING, AND SUPERVISION TO STUDENTS2 MATRICULATING AT COLORADO INSTITUTIONS OF HIGHER EDUCATION WHO3 ARE SEEKING CAREERS AS PRIMARY HEALTH -CARE PROVIDERS IN RURAL4 AND FRONTIER AREAS OF THE STATE. IN ORDER TO ALLOW THE GENERAL5 ASSEMBLY AND THE STATE AUDITOR TO MEASURE THE EFFECTIVENESS OF6 THE CREDIT, THE DEPARTMENT OF REVENUE , WHEN ADMINISTERING THE7 CREDIT, SHALL REQUIRE EACH TAXPAYER WHO CLAIMS THE CREDIT TO8 SUBMIT A CERTIFICATION FORM WITH EACH INCOME TAX RETURN FORM IN9 ACCORDANCE WITH SUBSECTION (4) OF THIS SECTION. THE CERTIFICATION10 FORM MUST VERIFY THAT THE TAXPAYER HAS SATISFIED THE11 REQUIREMENTS FOR ALLOWANCE OF THE TAX CREDIT AS SPECIFIED IN THIS12 SECTION AND STATE THE NUMBER OF ELIGIBLE HEALTH PROFESSIONAL13 STUDENTS THAT THE TAXPAYER HAS INSTRUCTED , TRAINED, OR14 SUPERVISED DURING THE APPLICABLE INCOME TAX YEAR .15 (2) As used in this section, unless the context otherwise requires:16 (c) "Graduate student" means an individual matriculating at the17 graduate level at any accredited Colorado institution of higher education18 seeking a degree either in the areas of doctor of medicine, doctor of19 osteopathy, advanced nursing practice, doctor of dental surgery, or doctor20 of dental medicine, or as a physician assistant.21 (c.5) "H EALTH PROFESSIONAL STUDENT " MEANS AN INDIVIDUAL22 MATRICULATING AT ANY ACCREDITED COLORADO INSTITUTION OF HIGHER23 EDUCATION SEEKING A DEGREE OR CERTIFICATION IN A PRIMARY24 HEALTH-CARE FIELD.25 (d) "Preceptor" means a medical doctor, doctor of osteopathic26 medicine, advanced practice nurse, physician assistant, doctor of dental27 1005 -6- surgery, or doctor of dental medicine, REGISTERED NURSE, REGISTERED1 DENTAL HYGIENIST, PHARMACIST, LICENSED CLINICAL OR COUNSELING2 PSYCHOLOGIST, LICENSED CLINICAL SOCIAL WORKER , LICENSED3 PROFESSIONAL COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST ,4 PSYCHIATRIC NURSE SPECIALIST, LICENSED ADDICTION COUNSELOR , OR5 CERTIFIED ADDICTION COUNSELOR WORKING IN AN OUTPATIENT CLINICAL6 SETTING who has been licensed in his or her primary health-care field in7 the state by the applicable licensing authority.8 (e) "Preceptorship" means an uncompensated mentoring9 experience in which a preceptor provides a program of personalized10 instruction, training, and supervision for a total of not less than four11 CONSECUTIVE OR NONCONSECUTIVE working weeks or twenty12 CONSECUTIVE OR NONCONSECUTIVE business days per calendar year that13 is offered to eligible graduate HEALTH PROFESSIONAL students to enable14 the students to obtain eligible professional degrees OR CERTIFICATIONS.15 (f) "Primary health-care" means health care provided by a 16 health-care professional with whom a patient has initial contact, who is17 the principal point of continuing care for the patient, and who coordinates18 other specialist care that the patient may need THE PROVISION OF19 INTEGRATED, EQUITABLE, AND ACCESSIBLE HEALTH -CARE SERVICES20 PROVIDED BY CLINICIANS WHO ARE ACCOUNTABLE FOR ADDRESSING A21 LARGE MAJORITY OF PERSONAL HEALTH -CARE NEEDS, DEVELOPING A22 SUSTAINED PARTNERSHIP WITH PATIENTS , AND PRACTICING IN THE23 CONTEXT OF FAMILY AND COMMUNITY . INTEGRATED HEALTH -CARE24 ENCOMPASSES THE PROVISION OF COMPREHENSIVE , COORDINATED, AND25 CONTINUOUS SERVICES THAT PROVIDE A SEAMLESS PROCESS OF CARE .26 (g) "Rural area" means a county that is located in a27 1005 -7- nonmetropolitan area in the state that either has no municipality within its1 territorial boundaries with fifty thousand or more permanent residents2 based upon the most recent population estimates published by the United3 States census bureau or that satisfies alternate criteria for the designation4 of a rural area as may be promulgated by the federal office of5 management and budget AN AREA LISTED AS ELIGIBLE FOR RURAL HEALTH6 FUNDING BY THE FEDERAL OFFICE OF RURAL HEALTH POLICY .7 (3) (a) For income tax years commencing on or after January 1,8 2017, but prior to January 1, 2023 JANUARY 1, 2033, and subject to the9 requirements of subsection (3)(b) of this section, a taxpayer is allowed a10 credit against the income taxes imposed by this article 22 in an amount11 equal to one thousand dollars for a preceptorship provided by him or her12 THE TAXPAYER during the applicable income tax year for which the credit13 is claimed.14 (b) Notwithstanding any other provision of this section:15 (I) The aggregate amount of the credit awarded to any one16 taxpayer under this section shall not exceed one thousand dollars for any17 one income tax year regardless of the number of preceptorships18 undertaken by the taxpayer during the applicable income tax year or the19 number of eligible graduate HEALTH PROFESSIONAL students the taxpayer20 instructs, trains, or supervises during the applicable income tax year;21 (II) A taxpayer is eligible to claim the credit allowed by this22 section if he or she THE TAXPAYER performs a preceptorship that lasts a23 total of not less than four CONSECUTIVE OR NONCONSECUTIVE working24 weeks or twenty CONSECUTIVE OR NONCONSECUTIVE business days during25 the income tax year in which the credit is claimed and the preceptor is26 practicing in his or her THE PRECEPTOR'S primary health-care field in a27 1005 -8- rural or frontier area; and1 (III) Not more than two THREE hundred preceptors are entitled to2 claim the credit authorized by this section for any one income tax year.3 The department shall promulgate by rule, in accordance with article 4 of4 title 24, C.R.S., a method for determining the manner in which taxpayers5 who have obtained certification under subsection (4) of this section are6 able to claim the tax credit.7 (4) To qualify for the credit provided by this section, the taxpayer8 shall submit a certification form with each income tax return.9 Certification may be provided by either the institution for which the10 taxpayer teaches, whether it is an institution of higher education or a11 hospital, clinic, or other medical facility, or by the particular regional12 office of the AHEC program with jurisdiction over the area in which the13 preceptor's medical practice is located. In the case of certification by an14 institution for which the taxpayer teaches, the institution must execute the15 form certifying that the taxpayer has satisfied the requirements for16 allowance of the tax credit as specified in this section AND IDENTIFYING17 THE NUMBER OF ELIGIBLE HEALTH PROFESSIONAL STUDENTS THAT THE18 TAXPAYER HAS INSTRUCTED , TRAINED, OR SUPERVISED DURING THE19 APPLICABLE INCOME TAX YEAR THROUGH ALL PRECEPTORSHIPS PROVIDED20 BY THE TAXPAYER. In the case of certification by the AHEC program, the21 certification form must be obtained from the particular regional office of22 the AHEC program with jurisdiction over the area in which the preceptor23 is practicing, which office shall certify that the taxpayer has satisfied the24 requirements for allowance of the tax credit as specified in this section25 AND IDENTIFY THE NUMBER OF ELIGIBLE HEALTH PROFESSIONAL STUDENTS26 THE TAXPAYER HAS INSTRUCTED , TRAINED, OR SUPERVISED DURING THE27 1005 -9- APPLICABLE INCOME TAX YEAR THROUGH ALL PRECEPTORSHIPS PROVIDED1 BY THE TAXPAYER. The AHEC program may charge the taxpayer a2 reasonable fee for providing such certification, which fee shall not exceed3 the actual costs incurred by the AHEC in completing the certification.4 SECTION 2. Act subject to petition - effective date. This act5 takes effect at 12:01 a.m. on the day following the expiration of the6 ninety-day period after final adjournment of the general assembly; except7 that, if a referendum petition is filed pursuant to section 1 (3) of article V8 of the state constitution against this act or an item, section, or part of this9 act within such period, then the act, item, section, or part will not take10 effect unless approved by the people at the general election to be held in11 November 2022 and, in such case, will take effect on the date of the12 official declaration of the vote thereon by the governor.13 1005 -10-