Colorado 2025 Regular Session

Colorado House Bill HB1288 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0667.01 Shelby Ross x4510
8	8	HOUSE BILL 25-1288
9	9	House Committees Senate Committees
10	10	Health & Human Services
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING FINANCIAL SUPPORT FO R FEDERALLY QUALIFIED HEALTH101
14	14	CENTERS.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill authorizes the department of health care policy and
23	23	financing (state department) to seek and accept gifts from private or
24	24	public sources for the primary care fund. Upon receiving federal
25	25	authorization, if the state department receives gifts designated for a
26	26	federally qualified health center (FQHC) or a qualified provider, the state
27	27	department is required to allocate 115% of the total amount of gifts
28	28	HOUSE SPONSORSHIP
29	29	Martinez and Winter T.,
30	30	SENATE SPONSORSHIP
31	31	Roberts and Simpson,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. received to the designated FQHC or qualified provider. The bill prohibits
35	35	the state department from allocating money to a qualified provider if the
36	36	donor is an FQHC or a qualified provider that has a direct or indirect
37	37	relationship to medicaid payments and the allocation amount is positively
38	38	correlated to the donation.
39	39	The bill authorizes an FQHC to establish a separate subsidiary
40	40	company for the purpose of providing fee-for-service services outside of
41	41	the FQHC's standard cost report if the subsidiary is providing
42	42	fee-for-service services that have historically been provided and
43	43	reimbursed on a fee-for-service basis, or if the state department
44	44	determines that the subsidiary's reimbursements would be budget neutral.
45	45	Upon receiving any necessary federal authorization, the state department
46	46	is required to reimburse a subsidiary of an FQHC on a fee-for-service
47	47	basis for services that are eligible for fee-for-service reimbursement. A
48	48	subsidiary that receives reimbursement is authorized to pass through
49	49	money received from the reimbursement directly to the FQHC operating
50	50	as the subsidiary's parent corporation. Services reimbursed to an FQHC's
51	51	subsidiary are excluded from the FQHC's cost report.
52	52	Be it enacted by the General Assembly of the State of Colorado:1
53	53	SECTION 1. Legislative declaration. (1) The general assembly2
54	54	finds that:3
55	55	(a) Federally qualified health centers (FQHC) play an important4
56	56	role in the safety net system by serving roughly 30% of medicaid patients5
57	57	in Colorado; however, FQHCs receive less than 2% of the state's6
58	58	medicaid provider reimbursement;7
59	59	(b) The primary care fund (fund) was created to allocate money8
60	60	to qualified providers who provide comprehensive primary care services9
61	61	in an outpatient setting to uninsured and medically indigent patients, or10
62	62	individuals enrolled in medicaid;11
63	63	(c) Each dollar in the fund receives a one-for-one match by the12
64	64	federal centers for medicare and medicaid (CMS); and13
65	65	(d) CMS adopted rules that prohibit qualified providers who14
66	66	would benefit from the federal match from donating to the fund, but the15
67	67	HB25-1288-2- rules do not prohibit other gifts from being made to the fund.1
68	68	(2) Therefore, the general assembly declares that it is necessary to2
69	69	allow the state to seek and accept gifts for the primary care fund that are3
70	70	designated for an FQHC in order to receive the federal match and allocate4
71	71	115% of the total amount of gifts received to the designated FQHC.5
72	72	SECTION 2. In Colorado Revised Statutes, 24-22-117, amend6
73	73	(2) introductory portion and (2)(b)(I) as follows:7
74	74	24-22-117. Tobacco tax cash fund - accounts - creation -8
75	75	legislative declaration. (2) There are hereby created in the state treasury9
76	76	the following funds:10
77	77	(b) (I) The primary care fund to be administered by the department11
78	78	of health care policy and financing. The state treasurer and the controller12
79	79	shall transfer an amount equal to nineteen percent of the moneys MONEY13
80	80	deposited into the cash fund, plus nineteen percent of the interest and14
81	81	income earned on the deposit and investment of those moneys THE15
82	82	MONEY, to the primary care fund. except that, for the 2008-09, 2009-10,16
83	83	2010-11, and 2011-12 fiscal years, the state treasurer and the controller17
84	84	shall transfer to the primary care fund only an amount equal to nineteen18
85	85	percent of the moneys deposited into the cash fund. IN ADDITION TO THE19
86	86	MONEY TRANSFERRED FROM THE CASH FUND , THE PRIMARY CARE FUND20
87	87	CONSISTS OF GIFTS RECEIVED PURSUANT TO SECTION 25.5-3-302 AND ANY21
88	88	OTHER MONEY THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER22
89	89	INTO THE PRIMARY CARE FUND. All interest and income derived from the23
90	90	deposit and investment of moneys MONEY in the primary care fund shall24
91	91	be IS credited to the primary care fund. except that all interest and income25
92	92	derived from the deposit and investment of moneys in the primary care26
93	93	fund during the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years27
94	94	HB25-1288
95	95	-3- shall be credited to the general fund. Any unexpended and unencumbered1
96	96	moneys MONEY remaining in the primary care fund at the end of a fiscal2
97	97	year shall remain REMAINS in the fund and shall IS not be credited or3
98	98	transferred to the general fund or any other fund.4
99	99	SECTION 3. In Colorado Revised Statutes, 25.5-3-302, amend5
100	100	(1); and add (3.5) as follows:6
101	101	25.5-3-302. Annual allocation - primary care services -7
102	102	qualified provider - rules. (1) The state department shall annually8
103	103	allocate the moneys MONEY appropriated by the general assembly to the9
104	104	primary care fund created in section 24-22-117 (2)(b) C.R.S., to all10
105	105	eligible qualified providers in the state who comply with the requirements11
106	106	of subsection (2) of this section. E
107	107	XCEPT AS PROVIDED IN SUBSECTION12
108	108	(3.5)
109	109	OF THIS SECTION, the state department shall allocate the moneys
110	110	13
111	111	MONEY in amounts proportionate to the number of uninsured or medically14
112	112	indigent patients served by the qualified provider. For a qualified provider15
113	113	to be eligible for an allocation pursuant to this section, the qualified16
114	114	provider shall MUST meet either of the following criteria:17
115	115	(a) The qualified provider is a community health center, as18
116	116	defined in section 330 of the federal "Public Health Service Act", 4219
117	117	U.S.C. sec. 254b; or20
118	118	(b) At least fifty percent of the patients served by the qualified21
119	119	provider are uninsured or medically indigent patients, or patients who are22
120	120	enrolled in the medical assistance program, articles 4, 5, and 6 of this23
121	121	title, or the children's basic health plan, article 8 of this title, or any24
122	122	combination thereof.25
123	123	(3.5) (a) T
124	124	HE STATE DEPARTMENT MAY SEEK AND ACCEPT GIFTS26
125	125	FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS SECTION .27
126	126	HB25-1288
127	127	-4- THE STATE DEPARTMENT SHALL TRANSMIT ALL MONEY RECEIVED1
128	128	THROUGH GIFTS TO THE STATE TREASURER , WHO SHALL CREDIT THE2
129	129	MONEY TO THE PRIMARY CARE FUND CREATED IN SECTION 24-22-1173
130	130	(2)(b).4
131	131	(b) U
132	132	PON RECEIVING ANY NECESSARY FEDERAL AUTHORIZATION ,5
133	133	IF THE STATE DEPARTMENT RECEIVES GIFTS PURSUANT TO SUBSECTION6
134	134	(3.5)(a)
135	135	OF THIS SECTION DESIGNATED FOR A FEDERALLY QUALIFIED7
136	136	HEALTH CENTER, AS DEFINED IN THE FEDERAL "SOCIAL SECURITY ACT",8
137	137	42
138	138	U.S.C. SEC. 1395x (aa)(4), OR A QUALIFIED PROVIDER, THE STATE9
139	139	DEPARTMENT SHALL ALLOCATE ONE HUNDRED FIFTEEN PERCENT OF THE10
140	140	TOTAL AMOUNT OF GIFTS RECEIVED TO THE DESIGNATED FEDERALLY11
141	141	QUALIFIED HEALTH CENTER OR QUALIFIED PROVIDER .12
142	142	(c) N
143	143	OTWITHSTANDING THIS SUBSECTION (3.5) TO THE CONTRARY,13
144	144	THE STATE DEPARTMENT SHALL NOT ALLOCATE MONEY TO A FEDERALLY14
145	145	QUALIFIED HEALTH CENTER OR QUALIFIED PROVIDER PURSUANT TO15
146	146	SUBSECTION (3)(b) OF THIS SECTION IF THE DONOR IS A FEDERALLY16
147	147	QUALIFIED HEALTH CENTER OR A QUALIFIED PROVIDER THAT HAS A DIRECT17
148	148	OR INDIRECT RELATIONSHIP TO MEDICAID PAYMENTS AND THE18
149	149	ALLOCATION AMOUNT IS POSITIVELY CORRELATED TO THE DONATION .19
150	150	SECTION 4. In Colorado Revised Statutes, add 25.5-4-434 as20
151	151	follows:21
152	152	25.5-4-434. Federally qualified health center - subsidiary -22
153	153	fee-for-service reimbursement. (1) A
154	154	FEDERALLY QUALIFIED HEALTH23
155	155	CENTER, AS DEFINED IN THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C.24
156	156	SEC. 1395x (aa)(4), MAY ESTABLISH A SEPARATE SUBSIDIARY COMPANY25
157	157	FOR THE PURPOSE OF PROVIDING FEE-FOR-SERVICE SERVICES OUTSIDE OF26
158	158	THE FEDERALLY QUALIFIED HEALTH CENTER 'S STANDARD COST REPORT IF:27
159	159	HB25-1288
160	160	-5- (a) THE SUBSIDIARY IS PROVIDING FEE-FOR-SERVICE SERVICES1
161	161	THAT HAVE HISTORICALLY BEEN PROVIDED AND REIMBURSED ON A2
162	162	FEE-FOR-SERVICE BASIS; OR3
163	163	(b) T
164	164	HE STATE DEPARTMENT DETERMINES THAT THE SUBSIDIARY 'S4
165	165	REIMBURSEMENTS WOULD BE BUDGET NEUTRAL .5
166	166	(2) U
167	167	PON RECEIVING ANY NECESSARY FEDERAL AUTHORIZATION ,6
168	168	THE STATE DEPARTMENT SHALL REIMBURSE A SUBSIDIARY COMPANY , AS7
169	169	DESCRIBED IN SUBSECTION (1) OF THIS SECTION, ON A FEE-FOR-SERVICE8
170	170	BASIS FOR SERVICES THAT ARE ELIGIBLE FOR FEE -FOR-SERVICE9
171	171	REIMBURSEMENT.10
172	172	(3) A
173	173	SUBSIDIARY THAT RECEIVES REIMBURSEMENT PURSUANT TO11
174	174	THIS SECTION MAY PASS THROUGH MONEY RECEIVED FROM THE12
175	175	REIMBURSEMENT DIRECTLY TO THE FEDERALLY QUALIFIED HEALTH13
176	176	CENTER OPERATING AS THE SUBSIDIARY 'S PARENT CORPORATION.14
177	177	(4) S
178	178	ERVICES REIMBURSED PURSUANT TO THIS SECTION ARE15
179	179	EXCLUDED FROM THE FEDERALLY QUALIFIED HEALTH CENTER 'S COST16
180	180	REPORT.17
181	181	SECTION 5. Safety clause. The general assembly finds,18
182	182	determines, and declares that this act is necessary for the immediate19
183	183	preservation of the public peace, health, or safety or for appropriations for20
184	184	the support and maintenance of the departments of the state and state21
185	185	institutions.22
186	186	HB25-1288
187	187	-6-