2 | | - | BY REPRESENTATIVE(S) Herod and McCluskie, Ransom, Bernett, Bird, |
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3 | | - | Bockenfeld, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich, |
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4 | | - | Gonzales-Gutierrez, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, |
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5 | | - | McCormick, McLachlan, Michaelson Jenet, Mullica, Ricks, Soper, Titone, |
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6 | | - | Valdez A., Valdez D., Woodrow, Young; |
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7 | | - | also SENATOR(S) Hansen and Rankin, Moreno, Buckner, Cooke, Fields, |
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8 | | - | Ginal, Kirkmeyer, Lee, Liston, Pettersen, Priola, Smallwood, Story, |
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9 | | - | Woodward, Zenzinger. |
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| 9 | + | House Committees Senate Committees |
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| 10 | + | Public & Behavioral Health & Human Services Appropriations |
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| 11 | + | Appropriations |
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| 12 | + | A BILL FOR AN ACT |
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11 | | - | ONCERNING REQUIREMENTS FOR ADDITIONAL SUPPLEMENTAL PAYMENTS |
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12 | | - | FOR NURSING FACILITY PROVIDERS |
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13 | | - | , AND, IN CONNECTION THEREWITH, |
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14 | | - | MAKING AN APPROPRIATION. |
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15 | | - | |
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16 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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17 | | - | SECTION 1. In Colorado Revised Statutes, add 25.5-6-210 as |
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18 | | - | follows: |
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19 | | - | 25.5-6-210. Additional supplemental payments - nursing |
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20 | | - | facilities - funding methodology - reporting requirement - rules - |
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| 14 | + | ONCERNING REQUIREMENTS FOR ADDITIONAL SUPPLEMENTAL101 |
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| 15 | + | PAYMENTS FOR NURSING FACILITY PROVIDERS , AND, IN102 |
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| 16 | + | CONNECTION THEREWITH , MAKING AN APPROPRIATION .103 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov/ |
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| 23 | + | .) |
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| 24 | + | Joint Budget Committee. The bill directs the department of |
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| 25 | + | health care policy and financing (department) to do the following, with |
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| 26 | + | respect to nursing facility providers (nursing facilities): |
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| 27 | + | ! Issue additional supplemental payments as directed for the |
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| 28 | + | 2021-22 state fiscal year; |
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| 29 | + | SENATE |
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| 30 | + | 3rd Reading Unamended |
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| 31 | + | April 4, 2022 |
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| 32 | + | SENATE |
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| 33 | + | 2nd Reading Unamended |
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| 34 | + | April 1, 2022 |
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| 35 | + | HOUSE |
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| 36 | + | 3rd Reading Unamended |
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| 37 | + | March 17, 2022 |
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| 38 | + | HOUSE |
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| 39 | + | Amended 2nd Reading |
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| 40 | + | March 16, 2022 |
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| 41 | + | HOUSE SPONSORSHIP |
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| 42 | + | Herod and McCluskie, Ransom, Bernett, Bird, Bockenfeld, Boesenecker, Caraveo, |
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| 43 | + | Cutter, Duran, Esgar, Exum, Froelich, Gonzales-Gutierrez, Hooton, Jodeh, Kennedy, Kipp, |
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| 44 | + | Lindsay, Lontine, McCormick, McLachlan, Michaelson Jenet, Mullica, Ricks, Soper, Titone, |
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| 45 | + | Valdez A., Valdez D., Woodrow, Young |
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| 46 | + | SENATE SPONSORSHIP |
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| 47 | + | Hansen and Rankin, Moreno, Buckner, Cooke, Fields, Ginal, Kirkmeyer, Lee, Liston, |
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| 48 | + | Pettersen, Priola, Smallwood, Story, Woodward, Zenzinger |
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| 49 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 50 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 51 | + | Dashes through the words indicate deletions from existing statute. ! Establish reporting and result tracking requirements |
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| 52 | + | necessary to administer additional supplemental funding; |
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| 53 | + | ! Pursue federal matching funds to reduce the state share of |
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| 54 | + | costs to the maximum amount possible; and |
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| 55 | + | ! Engage with stakeholders to produce a report including |
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| 56 | + | ways to improve methodology, practices regarding care and |
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| 57 | + | services to compassionate release individuals from the |
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| 58 | + | department of corrections, and funding for nursing |
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| 59 | + | facilities. The department shall submit the report to the |
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| 60 | + | joint budget committee and committees of the general |
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| 61 | + | assembly on or before November 1, 2022. |
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| 62 | + | The bill grants the department authority to promulgate rules as |
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| 63 | + | necessary for implementation of the payments and their supporting |
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| 64 | + | requirements. |
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| 65 | + | The supplemental payments and their supporting requirements are |
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| 66 | + | repealed, effective July 1, 2023. |
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| 67 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 68 | + | SECTION 1. In Colorado Revised Statutes, add 25.5-6-210 as2 |
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| 69 | + | follows:3 |
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| 70 | + | 25.5-6-210. Additional supplemental payments - nursing4 |
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| 71 | + | facilities - funding methodology - reporting requirement - rules -5 |
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22 | | - | OTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE |
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23 | | - | CONTRARY AND SUBJECT TO AVAILABLE APPROPRIATIONS |
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24 | | - | , FOR THE |
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25 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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26 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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27 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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28 | | - | history, or the Session Laws. |
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29 | | - | ________ |
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30 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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31 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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32 | | - | the act. PURPOSES OF REIMBURSING A MEDICAID -CERTIFIED CLASS I NURSING |
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33 | | - | FACILITY PROVIDER |
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34 | | - | , THE STATE DEPARTMENT SHALL ISSUE ADDITIONAL |
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35 | | - | SUPPLEMENTAL PAYMENTS TO NURSING FACILITY PROVIDERS THAT MEET THE |
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36 | | - | REQUIREMENTS OUTLINED IN THIS SECTION AND THE STATE DEPARTMENT |
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37 | | - | 'S |
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38 | | - | SUBSEQUENT REGULATION AS FOLLOWS |
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39 | | - | : |
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| 73 | + | OTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE6 |
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| 74 | + | CONTRARY AND SUBJECT TO AVAILABLE APPROPRIATIONS , FOR THE7 |
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| 75 | + | PURPOSES OF REIMBURSING A MEDICAID -CERTIFIED CLASS I NURSING8 |
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| 76 | + | FACILITY PROVIDER, THE STATE DEPARTMENT |
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| 77 | + | SHALL ISSUE ADDITIONAL9 |
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| 78 | + | SUPPLEMENTAL PAYMENTS TO NURSING FACILITY PROVIDERS THAT MEET10 |
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| 79 | + | THE REQUIREMENTS OUTLINED IN THIS SECTION AND THE STATE11 |
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| 80 | + | DEPARTMENT'S SUBSEQUENT REGULATION AS FOLLOWS :12 |
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41 | | - | OR THE 2021-22 STATE FISCAL YEAR, FUNDS APPROPRIATED BY |
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42 | | - | THE GENERAL ASSEMBLY ARE FOR THE PURPOSES OF SUPPORTING NURSING |
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43 | | - | FACILITY PROVIDERS EXPERIENCING INCREASED STAFFING COSTS RESULTING |
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44 | | - | FROM THE |
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45 | | - | COVID-19 PANDEMIC, NURSING FACILITY PROVIDERS WITH HIGH |
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46 | | - | MEDICAID UTILIZATION RATES |
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47 | | - | , OR NURSING FACILITY PROVIDERS CURRENTLY |
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48 | | - | SERVING INDIVIDUALS WITH COMPLEX NEEDS |
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49 | | - | . |
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| 82 | + | OR THE 2021-22 STATE FISCAL YEAR, FUNDS APPROPRIATED13 |
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| 83 | + | BY THE GENERAL ASSEMBLY ARE FOR THE PURPOSES OF SUPPORTING14 |
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| 84 | + | NURSING FACILITY PROVIDERS EXPERIENCING INCREASED STAFFING COSTS15 |
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| 85 | + | RESULTING FROM THE COVID-19 PANDEMIC, NURSING FACILITY16 |
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| 86 | + | 1247-2- PROVIDERS WITH HIGH MEDICAID UTILIZATION RATES , OR NURSING1 |
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| 87 | + | FACILITY PROVIDERS CURRENTLY SERVING INDIVIDUALS WITH COMPLEX2 |
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| 88 | + | NEEDS.3 |
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58 | | - | HE STATE DEPARTMENT SHALL ESTABLISH REPORTING AND |
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59 | | - | RESULT TRACKING REQUIREMENTS NECESSARY TO ADMINISTER THE FUNDING |
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60 | | - | OUTLINED IN THIS SECTION |
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61 | | - | . THE STATE DEPARTMENT MAY DENY OR RECOUP |
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62 | | - | FUNDING FROM NURSING FACILITY PROVIDERS THAT ARE NONCOMPLIANT |
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63 | | - | WITH REPORTING REQUIREMENTS OR IF FUNDING IS USED FOR PURPOSES |
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64 | | - | OUTSIDE THE INTENT OF SUPPORTING AND STABILIZING NURSING FACILITY |
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65 | | - | PROVIDERS THAT ARE MEDICAID PROVIDERS |
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66 | | - | . |
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| 95 | + | HE STATE DEPARTMENT SHALL ESTABLISH REPORTING AND8 |
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| 96 | + | RESULT TRACKING REQUIREMENTS NECESSARY TO ADMINISTER THE9 |
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| 97 | + | FUNDING OUTLINED IN THIS SECTION. THE STATE DEPARTMENT MAY DENY10 |
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| 98 | + | OR RECOUP FUNDING FROM NURSING FACILITY PROVIDERS THAT ARE11 |
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| 99 | + | NONCOMPLIANT WITH REPORTING REQUIREMENTS OR IF FUNDING IS USED12 |
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| 100 | + | FOR PURPOSES OUTSIDE THE INTENT OF SUPPORTING AND STABILIZING13 |
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| 101 | + | NURSING FACILITY PROVIDERS THAT ARE MEDICAID PROVIDERS .14 |
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103 | | - | O RECEIVE AN ADDITIONAL PAYMENT PURS UANT TO SUBSECTION |
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104 | | - | (1)(b) OF THIS SECTION, A NURSING FACILITY PROVIDER SHALL WORK WITH |
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105 | | - | A HOSPITAL TO FACILITATE THE TIMELY DISCHARGE OF MEDICAID MEMBERS |
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106 | | - | FROM THE HOSPITAL INTO THE NURSING FACILITY |
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107 | | - | , SERVE MEDICAID |
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108 | | - | MEMBERS WITH COMPLEX NEEDS |
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109 | | - | , OR ACCEPT COMPASSIONATE RELEASE |
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110 | | - | INDIVIDUALS FROM THE DEPARTMENT OF CORRECTIONS |
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111 | | - | . |
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| 134 | + | O RECEIVE AN ADDITIONAL PAYMENT PURSUANT TO11 |
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| 135 | + | SUBSECTION (1)(b) OF THIS SECTION, A NURSING FACILITY PROVIDER12 SHALL WORK WITH A HOSPITAL TO FACILITATE THE TIMELY DISCHARGE OF13 |
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| 136 | + | MEDICAID MEMBERS FROM THE HOSPITAL INTO THE NURSING FACILITY,14 |
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| 137 | + | SERVE MEDICAID MEMBERS WITH COMPLEX NEEDS, OR ACCEPT15 |
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| 138 | + | COMPASSIONATE RELEASE INDIVIDUALS FROM THE DEPARTMENT OF16 |
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| 139 | + | CORRECTIONS.17 |
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113 | | - | N OR BEFORE NOVEMBER 1, 2022, THE STATE DEPARTMENT |
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114 | | - | SHALL ENGAGE WITH STAKEHOLDERS AND SUBMIT A REPORT AND |
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115 | | - | RECOMMENDATIONS TO THE JOINT BUDGET COMMITTEE |
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116 | | - | , THE HEALTH AND |
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117 | | - | HUMAN SERVICES COMMITTEE OF THE SENATE |
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118 | | - | , AND THE PUBLIC AND |
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119 | | - | BEHAVIORAL HEALTH AND HUMAN SERV ICES COMMITTEE OF THE HOUSE OF |
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120 | | - | REPRESENTATIVES |
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121 | | - | , OR ANY SUCCESSOR COMMITTEES , CONCERNING |
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122 | | - | SUGGESTED CHANGES FOR PERMANENTLY CHANGING MEDICAID NURSING |
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123 | | - | FACILITY PROVIDER REIMBURSEMENT POLICY IN |
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124 | | - | COLORADO TO PRIORITIZE |
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125 | | - | QUALITY |
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126 | | - | , SUSTAINABILITY, AND SOUND FISCAL STEWARDSHIP TO AVOID |
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127 | | - | FURTHER ONE |
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128 | | - | -TIME CASH INFUSIONS. THE REPORT MUST INCLUDE CHANGES |
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129 | | - | THAT CAN BE MADE TO AFFIRM A NURSING FACILITY PROVIDER |
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130 | | - | 'S |
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131 | | - | COMMITMENT TO ACCOUNTABILITY AND MUST INCLUDE |
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132 | | - | , AT A MINIMUM: |
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| 141 | + | N OR BEFORE NOVEMBER 1, 2022, THE STATE DEPARTMENT18 |
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| 142 | + | SHALL ENGAGE WITH STAKEHOLDERS AND SUBMIT A REPORT AND19 |
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| 143 | + | RECOMMENDATIONS TO THE JOINT BUDGET COMMITTEE , THE HEALTH AND20 |
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| 144 | + | HUMAN SERVICES COMMITTEE OF THE SENATE , AND THE PUBLIC AND21 |
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| 145 | + | BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF22 |
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| 146 | + | REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES , CONCERNING23 |
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| 147 | + | SUGGESTED CHANGES FOR PERMANENTLY CHANGING MEDICAID NURSING24 |
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| 148 | + | FACILITY PROVIDER REIMBURSEMENT POLICY IN COLORADO TO PRIORITIZE25 |
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| 149 | + | QUALITY, SUSTAINABILITY, AND SOUND FISCAL STEWARDSHIP TO AVOID26 |
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| 150 | + | FURTHER ONE-TIME CASH INFUSIONS. THE REPORT MUST INCLUDE27 |
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| 151 | + | 1247 |
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| 152 | + | -4- CHANGES THAT CAN BE MADE TO AFFIRM A NURSING FACILITY PROVIDER 'S1 |
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| 153 | + | COMMITMENT TO ACCOUNTABILITY AND MUST INCLUDE , AT A MINIMUM:2 |
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195 | | - | HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023. |
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196 | | - | SECTION 2. Appropriation. (1) For the 2021-22 state fiscal year, |
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197 | | - | $17,000,500 is appropriated to the department of health care policy and |
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198 | | - | financing for use by medical services premiums. This appropriation is from |
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199 | | - | the general fund and is subject to the "(M)" notation as defined in the |
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200 | | - | annual general appropriation act for the same fiscal year. To implement this |
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201 | | - | act, the department may use this appropriation for medical and long-term |
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202 | | - | care services for Medicaid-eligible individuals. |
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203 | | - | (2) For the 2021-22 state fiscal year, the general assembly |
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204 | | - | anticipates that the department of health care policy and financing will |
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205 | | - | receive $10,000,500 in federal funds to implement this act. The |
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206 | | - | appropriation in subsection (1) of this section is based on the assumption |
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207 | | - | that the department will receive this amount of federal funds to be used for |
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208 | | - | medical and long-term care services for Medicaid-eligible individuals. |
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209 | | - | (3) Any money appropriated in subsection (1) of this section not |
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210 | | - | expended prior to July 1, 2022, is further appropriated to the department for |
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211 | | - | the 2022-23 state fiscal year for the same purpose. |
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212 | | - | SECTION 3. Safety clause. The general assembly hereby finds, |
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213 | | - | PAGE 5-HOUSE BILL 22-1247 determines, and declares that this act is necessary for the immediate |
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214 | | - | preservation of the public peace, health, or safety. |
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215 | | - | ____________________________ ____________________________ |
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216 | | - | Alec Garnett Steve Fenberg |
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217 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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218 | | - | OF REPRESENTATIVES THE SENATE |
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219 | | - | ____________________________ ____________________________ |
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220 | | - | Robin Jones Cindi L. Markwell |
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221 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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222 | | - | OF REPRESENTATIVES THE SENATE |
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223 | | - | APPROVED________________________________________ |
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224 | | - | (Date and Time) |
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225 | | - | _________________________________________ |
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226 | | - | Jared S. Polis |
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227 | | - | GOVERNOR OF THE STATE OF COLORADO |
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228 | | - | PAGE 6-HOUSE BILL 22-1247 |
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| 210 | + | HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.12 |
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| 211 | + | SECTION 2. Appropriation. (1) For the 2021-22 state fiscal13 |
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| 212 | + | year, $17,000,500 is appropriated to the department of health care policy14 |
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| 213 | + | and financing for use by medical services premiums. This appropriation15 |
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| 214 | + | is from the general fund and is subject to the "(M)" notation as defined in16 |
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| 215 | + | the annual general appropriation act for the same fiscal year. To17 |
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| 216 | + | implement this act, the department may use this appropriation for medical18 |
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| 217 | + | and long-term care services for Medicaid-eligible individuals.19 |
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| 218 | + | (2) For the 2021-22 state fiscal year, the general assembly20 |
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| 219 | + | anticipates that the department of health care policy and financing will21 |
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| 220 | + | receive $10,000,500 in federal funds to implement this act. The22 |
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| 221 | + | appropriation in subsection (1) of this section is based on the assumption23 |
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| 222 | + | that the department will receive this amount of federal funds to be used24 |
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| 223 | + | for medical and long-term care services for Medicaid-eligible individuals.25 |
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| 224 | + | (3) Any money appropriated in subsection (1) of this section not26 |
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| 225 | + | expended prior to July 1, 2022, is further appropriated to the department27 |
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| 226 | + | 1247 |
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| 227 | + | -6- for the 2022-23 state fiscal year for the same purpose.1 |
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| 228 | + | SECTION 3. Safety clause. The general assembly hereby finds,2 |
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| 229 | + | determines, and declares that this act is necessary for the immediate3 |
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| 230 | + | preservation of the public peace, health, or safety.4 |
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| 231 | + | 1247 |
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| 232 | + | -7- |
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