HOUSE BILL 22-1188 BY REPRESENTATIVE(S) 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; also SENATOR(S) Moreno and Rankin, Hansen, Buckner, Fenberg, Fields, Ginal, Gonzales, Jaquez Lewis, Lee, Pettersen, Priola, Story, Winter . C ONCERNING AUTHORIZING MONEY IN THE ARPA ACCOUNT WITHIN THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE CASH FUND TO BE USED FOR HOME - AND COMMUNITY-BASED SERVICES THAT ARE INELIGIBLE FOR A FEDERAL MATCH BUT OTHERWISE AUTHORIZED PURSUANT TO THE FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021". Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 25.5-4-402.4, amend (5)(c)(I) as follows: 25.5-4-402.4. Hospitals - healthcare affordability and sustainability fee - legislative declaration - Colorado healthcare NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. affordability and sustainability enterprise - federal waiver - fund created - rules - reports - repeal. (5) Healthcare affordability and sustainability fee cash fund. (c) ARPA home- and community-based services account. (I) (A) There is created the "ARPA home- and community-based services account" within the fund, referred to in this subsection (5)(c) as the "ARPA account". Notwithstanding any other provision of this section to the contrary, money in the ARPA account as a result of fund savings and federal matching dollars must be used in accordance with section 9817 of the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended, referred to in this section as "ARPA", to implement or supplement the implementation of home- and community-based services under the medical assistance program pursuant to the provisions of part 18 of article 6 of this title 25.5. (B) N OTWITHSTANDING SUBSECTION (5)(c)(I)(A) OR ANY OTHER PROVISION OF THIS SECTION , MONEY IN THE ARPA ACCOUNT MAY 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 . SECTION 2. Safety clause. The general assembly hereby finds, PAGE 2-HOUSE BILL 22-1188 determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety. ____________________________ ____________________________ Alec Garnett Steve Fenberg SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Robin Jones Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 3-HOUSE BILL 22-1188