Second Regular Session Seventy-third General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 22-0810.01 Shelby Ross x4510 HOUSE BILL 22-1188 House Committees Senate Committees Appropriations Appropriations A BILL FOR AN ACT C ONCERNING AUTHORIZING MONEY IN THE ARPA ACCOUNT WITHIN101 THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE102 CASH FUND TO BE USED FOR HOME - AND COMMUNITY -BASED103 SERVICES THAT ARE INELIGIBLE FOR A FEDERAL MATCH BUT104 OTHERWISE AUTHORIZED PURSUANT TO THE FEDERAL105 "A MERICAN RESCUE PLAN ACT OF 2021".106 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/ .) Joint Budget Committee. Under current law, money in the ARPA SENATE 2nd Reading Unamended February 16, 2022 HOUSE 3rd Reading Unamended February 10, 2022 HOUSE 2nd Reading Unamended February 9, 2022 HOUSE SPONSORSHIP Herod and McCluskie, Ransom, Bernett, Bird, Boesenecker, Cutter, Esgar, Exum, Froelich, Gonzales-Gutierrez, Gray, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, Michaelson Jenet, Ricks, Sirota, Snyder, Titone, Young SENATE SPONSORSHIP Moreno and Rankin, Hansen 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. account in the healthcare affordability and sustainability fee cash fund as a result of fund savings and federal matching dollars must be used in accordance with the federal "American Rescue Plan Act of 2021" (ARPA) to implement or supplement the implementation of home- and community-based services. The bill authorizes money in the ARPA account to be used for a purpose that is ineligible for a federal match but otherwise authorized pursuant to the ARPA if the general assembly appropriates the money for that purpose. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 25.5-4-402.4, amend2 (5)(c)(I) as follows:3 25.5-4-402.4. Hospitals - healthcare affordability and4 sustainability fee - legislative declaration - Colorado healthcare5 affordability and sustainability enterprise - federal waiver - fund6 created - rules - reports - repeal. (5) Healthcare affordability and7 sustainability fee cash fund. (c) ARPA home- and community-based8 services account. (I) (A) There is created the "ARPA home- and9 community-based services account" within the fund, referred to in this10 subsection (5)(c) as the "ARPA account". Notwithstanding any other11 provision of this section to the contrary, money in the ARPA account as12 a result of fund savings and federal matching dollars must be used in13 accordance with section 9817 of the federal "American Rescue Plan Act14 of 2021", Pub.L. 117-2, as amended, referred to in this section as15 "ARPA", to implement or supplement the implementation of home- and16 community-based services under the medical assistance program pursuant17 to the provisions of part 18 of article 6 of this title 25.5.18 (B) N OTWITHSTANDING SUBSECTION (5)(c)(I)(A) OR ANY OTHER19 PROVISION OF THIS SECTION, MONEY IN THE ARPA ACCOUNT MAY BE USED20 FOR A PURPOSE THAT IS INELIGIBLE FOR A FEDERAL MATCH BUT21 1188-2- OTHERWISE AUTHORIZED PURSUANT TO THE ARPA IF THE GENERAL1 ASSEMBLY APPROPRIATES THE MONEY FOR THAT PURPOSE .2 SECTION 2. Safety clause. The general assembly hereby finds,3 determines, and declares that this act is necessary for the immediate4 preservation of the public peace, health, or safety.5 1188 -3-