First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0992.01 Christy Chase x2008 SENATE BILL 25-290 Senate Committees House Committees Health & Human Services A BILL FOR AN ACT C ONCERNING THE CREATION OF THE PROVIDER STABILIZATION FUND101 WITHIN THE COLORADO HEALTHCARE AFFORDABILITY AND102 SUSTAINABILITY ENTERPRISE TO MAKE PROVIDER103 STABILIZATION PAYMENTS TO ELIGIBLE SAFETY NET PROVIDERS104 THAT SERVE LOW-INCOME, UNINSURED POPULATIONS IN THE105 STATE, AND, IN CONNECTION THEREWITH, MAXIMIZING FEDERAL106 FUNDS TO SUPPORT THE OPE RATIONS OF THE ENTERPRISE .107 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 .) SENATE SPONSORSHIP Mullica and Kirkmeyer, Bridges, Amabile, Bright, Carson, Catlin, Cutter, Daugherty, Exum, Frizell, Jodeh, Michaelson Jenet, Pelton B., Rich, Roberts, Simpson, Wallace HOUSE SPONSORSHIP Bird, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. The bill creates the provider stabilization fund within the Colorado healthcare affordability and sustainability enterprise (enterprise) to distribute provider stabilization payments to safety net providers who provide services to low-income, uninsured individuals on a sliding-fee schedule or at no cost. Provider stabilization payments will be distributed to eligible safety net providers based on the proportion of low-income, uninsured individuals that an individual provider serves in comparison to the total number of low-income, uninsured individuals served by all eligible safety net providers. The bill directs the state treasurer to credit interest earnings on the principal in the unclaimed property trust fund to the provider stabilization fund as follows: ! $25 million for the 2025-26 state fiscal year; ! $20 million for the 2026-27 state fiscal year; and ! $15 million for the 2027-28 and subsequent state fiscal years. The provider stabilization fund also consists of any money the general assembly appropriates, transfers, or credits to the fund and any gifts, grants, or donations the enterprise may receive for the fund. The bill directs the enterprise to leverage money in the provider stabilization fund to obtain federal matching money. The bill establishes a provider stabilization fund enterprise support board to assist the enterprise in implementing and administering the provider stabilization fund. The enterprise's governing board is required to submit an annual report on the provider stabilization fund to specified committees, the governor, and the medical services board in the department of health care policy and financing. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and determines that:3 (a) Medicaid, the program administered by the department of4 health care policy and financing under the name "Health First Colorado", 5 is an essential public health coverage program that pays for health care6 for more than 1.2 million Coloradans;7 (b) Medicaid is also a critical component of Colorado's broader8 health care system, with thousands of health care providers relying on9 SB25-290-2- payments from medicaid to help sustain their businesses as they serve1 Coloradans;2 (c) Medicaid has a positive impact on Colorado's economy, as3 evidenced by data from a 2016 report commissioned by the Colorado4 Health Foundation showing that, after the medicaid program expansion5 made possible by the federal "Patient Protection and Affordable Care6 Act" and Senate Bill 13-200, the state's economy experienced an increase7 in the state gross domestic product, an increase in jobs, an increase in8 annual household earnings, and an increase in general fund revenues;9 (d) During the public health emergency caused by the COVID-1910 pandemic, the federal government allowed all people enrolled in medicaid11 as of March 2020 to retain their benefits during the period of the public12 health emergency, which lasted until May 2023;13 (e) Following the public health emergency, the federal14 government required the state to conduct eligibility redeterminations for15 all medicaid enrollees;16 (f) Before the eligibility redetermination, 1.8 million Coloradans17 were enrolled in the state's medicaid program, and as of May 2024, the18 state's medicaid enrollment dropped by over 500,000 to 1.27 million;19 (g) From spring of 2023 to spring of 2024, Colorado health care20 providers experienced significant increases in the demand for care from21 uninsured Coloradans, suggesting that many Coloradans who lost22 medicaid eligibility became uninsured; and23 (h) The increased demand for uncompensated care has had24 destabilizing financial effects on safety net providers, leading to reduced25 access to care for many Coloradans.26 (2) The general assembly therefore declares that it is:27 SB25-290 -3- (a) Enacting the provider stabilization fund as a short-term1 solution intended to stabilize certain safety net providers; and2 (b) Committed to:3 (I) Protecting vital primary care safety net infrastructure in the4 state;5 (II) Ensuring Colorado communities can provide access to care for6 their residents; and7 (III) Working toward long-term sustainability for Colorado's8 health-care safety net.9 SECTION 2. In Colorado Revised Statutes, 25.5-4-402.4, amend10 (2)(a), (2)(c) introductory portion, (2)(c)(V), (2)(e), (3)(a), (3)(d)(II),11 (3)(d)(III), (3)(d)(V), (7)(d)(II), (7)(d)(IX), (7)(e) introductory portion,12 and (7)(f)(I); and add (2)(b.5), (2)(c)(II.5), (2)(c)(V.3), (2)(d.3), (5.3),13 (6)(a)(IV), (7)(e)(III.3), and (9) as follows:14 25.5-4-402.4. Hospitals - healthcare affordability and15 sustainability fee - Colorado healthcare affordability and16 sustainability enterprise - federal waiver - fund created - reports -17 rules - definitions - legislative declaration - repeal. (2) Legislative18 declaration. The general assembly hereby finds and declares that:19 (a) The state and the providers of publicly funded medical20 services, and hospitals AND SAFETY NET PROVIDERS in particular, share a21 common commitment to comprehensive health-care reform;22 (b.5) A DDITIONALLY, SAFETY NET PROVIDERS IN THE STATE INCUR23 SIGNIFICANT COSTS BY PROVIDING SERVICES TO A LARGE PORTION OF THE24 STATE'S LOW-INCOME, UNINSURED POPULATIONS AND INDIVIDUALS AND25 FAMILIES ENROLLED IN MEDICAID, MEDICARE, OR THE CHILDREN'S BASIC26 HEALTH PLAN; 27 SB25-290 -4- (c) This section is enacted as part of a comprehensive health-care1 reform and is intended to provide the following services and benefits to2 hospitals, SAFETY NET PROVIDERS, and individuals, AS APPLICABLE:3 (II.5) T HROUGH PROVIDER STABILIZATION PAYMENTS , REDUCING4 THE UNDERPAYMENT TO COLORADO SAFETY NET PROVIDERS5 PARTICIPATING IN MEDICAID, MEDICARE, OR THE CHILDREN'S BASIC6 HEALTH PLAN AND PROVIDING COMPENSATION TO SAFETY NET PROVIDERS7 THAT PROVIDE SERVICES TO LOW-INCOME, UNINSURED INDIVIDUALS ON A8 SLIDING-FEE SCHEDULE OR FOR FREE;9 (V) Expanding AND ENSURING access to high-quality, affordable10 health care for low-income and uninsured populations; and 11 (V.3) D ISTRIBUTING PROVIDER STABILIZATION PAYMENTS TO12 SAFETY NET PROVIDERS IN ORDER TO MAINTAIN THE QUALITY AND13 CONTINUITY OF SERVICES DELIVERED BY SAFETY NET PROVIDERS TO14 LOW-INCOME, UNINSURED INDIVIDUALS AND INDIVIDUALS AND FAMILIES15 ENROLLED IN MEDICAID, MEDICARE, OR THE CHILDREN'S BASIC HEALTH16 PLAN; AND17 (d.3) T HE COLORADO HEALTHCARE AFFORDABILITY AND18 SUSTAINABILITY ENTERPRISE PROVIDES BUSINESS SERVICES TO SAFETY NET19 PROVIDERS WHEN IT ALLOCATES MONEY IN THE PROVIDER STABILIZATION20 FUND ESTABLISHED IN SUBSECTION (5.3) OF THIS SECTION AND ANY21 AVAILABLE FEDERAL MATCHING MONEY FOR PROVIDER STABILIZATION22 PAYMENTS TO ELIGIBLE SAFETY NET PROVIDERS TO ENSURE THOSE23 PROVIDERS CAN CONTINUE PROVIDING ACCESS TO HEALTH -CARE SERVICES24 FOR ENROLLEES IN MEDICAID , MEDICARE, OR THE CHILDREN'S BASIC25 HEALTH PLAN AND TO LOW -INCOME, UNINSURED INDIVIDUALS IN THE26 STATE;27 SB25-290 -5- (e) It is necessary, appropriate, and in the best interest of the state1 to acknowledge that by providing the business services specified in2 subsections (2)(d)(I) and (2)(d)(II) SUBSECTIONS (2)(d) AND (2)(d.3) of3 this section, the Colorado healthcare affordability and sustainability4 enterprise engages in an activity conducted in the pursuit of a benefit,5 gain, or livelihood and therefore operates as a business;6 (3) Colorado healthcare affordability and sustainability7 enterprise. (a) The Colorado healthcare affordability and sustainability8 enterprise referred to in this section as the "enterprise", is created. The9 enterprise is and operates as a government-owned business within the10 state department for the purpose of:11 (I) Charging and collecting the healthcare affordability and12 sustainability fee;13 (II) Leveraging REVENUE FROM THE healthcare affordability and14 sustainability fee revenue AND IN THE PROVIDER STABILIZATION FUND to15 obtain federal matching money; and16 (III) Utilizing and deploying:17 (A) The healthcare affordability and sustainability fee revenue and18 federal matching money to provide the business services specified in19 subsections (2)(d)(I) and (2)(d)(II) of this section to hospitals that pay the20 healthcare affordability and sustainability fee; AND21 (B) M ONEY IN THE PROVIDER STABILIZATION FUND AND ANY22 FEDERAL MATCHING MONEY TO PROVIDE THE BUSINESS SERVICES23 SPECIFIED IN SUBSECTION (2)(d.3OF THIS SECTION TO ELIGIBLE SAFETY NET24 PROVIDERS IN ACCORDANCE WITH SUBSECTION (5.3) OF THIS SECTION.25 (d) The enterprise's primary powers and duties are:26 (II) To leverage REVENUE COLLECTED FROM THE healthcare27 SB25-290 -6- affordability and sustainability fee revenue collected AND MONEY IN THE1 PROVIDER STABILIZATION FUND to obtain federal matching money,2 working with or through the state department and the state board to the3 extent required by federal law or otherwise necessary;4 (III) To expend:5 (A) Healthcare affordability and sustainability fee revenue,6 matching federal money, and any other money from the healthcare7 affordability and sustainability fee cash fund as specified in subsections8 (4) and (5) of this section; AND9 (B) M ONEY IN THE PROVIDER STABILIZATION FUND AND ANY10 MATCHING FEDERAL MONEY AS SPECIFIED IN SUBSECTION (5.3) OF THIS11 SECTION.12 (V) To enter into agreements with the state department to the13 extent necessary to collect and expend healthcare affordability and14 sustainability fee revenue AND TO EXPEND MONEY IN THE PROVIDER15 STABILIZATION FUND;16 (5.3) Provider stabilization fund - provider stabilization17 payments to eligible safety net providers - provider stabilization fund18 enterprise support board - annual report. (a) Fund creation - use.19 (I) T HE PROVIDER STABILIZATION FUND IS CREATED IN THE STATE20 TREASURY. THE PROVIDER STABILIZATION FUND CONSISTS OF :21 (A) M ONEY CREDITED TO THE FUND PURSUANT TO SECTION22 38-13-801 (6);23 (B) A NY OTHER MONEY THE GENERAL ASSEMBLY MAY24 APPROPRIATE, TRANSFER, OR CREDIT TO THE FUND; AND25 (C) A NY GIFTS, GRANTS, OR DONATIONS THE ENTERPRISE MAY26 RECEIVE FROM PUBLIC OR PRIVATE SOURCES FOR THE PROVIDER27 SB25-290 -7- STABILIZATION FUND.1 (II) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND2 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE3 PROVIDER STABILIZATION FUND TO THE FUND . THE STATE TREASURER4 SHALL INVEST, AS PROVIDED BY LAW, ANY MONEY IN THE FUND NOT5 EXPENDED FOR THE PURPOSES SPECIFIED IN THIS SUBSECTION (5.3).6 M ONEY IN THE FUND MUST NOT BE TRANSFERRED TO ANY OTHER FUND7 AND MUST NOT BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSES8 SPECIFIED IN THIS SUBSECTION (5.3).9 (III) A LL MONEY IN THE FUND IS SUBJECT TO FEDERAL MATCHING10 AS AUTHORIZED UNDER FEDERAL LAW AND , SUBJECT TO ANNUAL11 APPROPRIATION BY THE GENERAL ASSEMBLY , SHALL BE EXPENDED BY THE12 ENTERPRISE, IN ACCORDANCE WITH SUBSECTION (5.3)(b) OF THIS SECTION,13 TO DISTRIBUTE PROVIDER STABILIZATION PAYMENTS TO SAFETY NET14 PROVIDERS DETERMINED ELIGIBLE FOR PAYMENTS IN ACCORDANCE WITH15 SUBSECTION (5.3)(c) OF THIS SECTION.16 (IV) T HE ENTERPRISE, IN COLLABORATION WITH THE PROVIDER17 STABILIZATION FUND ENTERPRISE SUPPORT BOARD , MAY SEEK, ACCEPT,18 AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC19 SOURCES FOR THE PURPOSES OF THIS SUBSECTION (5.3). THE ENTERPRISE20 SHALL TRANSMIT ALL MONEY RECEIVED THROUGH GIFTS , GRANTS, OR21 DONATIONS TO THE STATE TREASURER , WHO SHALL CREDIT THE MONEY TO22 THE PROVIDER STABILIZATION FUND.23 (b) Provider stabilization payments. (I) T HE ENTERPRISE, IN24 COLLABORATION WITH THE PROVIDER STABILIZATION FUND ENTERPRISE25 SUPPORT BOARD, SHALL ANNUALLY ALLOCATE MONEY APPROPRIATED BY26 THE GENERAL ASSEMBLY FROM THE PROVIDER STABILIZATION FUND AS27 SB25-290 -8- PROVIDER STABILIZATION PAYMENTS TO SAFETY NET PROVIDERS IN THE1 STATE WHO COMPLY WITH THE REQUIREMENTS OF SUBSECTION (5.3)(c) OF2 THIS SECTION AND ARE DETERMINED TO BE ELIGIBLE FOR A PROVIDER3 STABILIZATION PAYMENT . THE ENTERPRISE SHALL ALLOCATE THE4 PROVIDER STABILIZATION PAYMENTS IN AMOUNTS PROPORTIONATE TO THE5 NUMBER OF LOW -INCOME, UNINSURED INDIVIDUALS SERVED BY AN6 ELIGIBLE SAFETY NET PROVIDER RELATIVE TO THE TOTAL NUMBER OF7 LOW-INCOME, UNINSURED INDIVIDUALS SERVED BY ALL ELIGIBLE SAFETY8 NET PROVIDERS.9 (II) T HE ENTERPRISE, IN CONSULTATION WITH THE PROVIDER10 STABILIZATION FUND ENTERPRISE SUPPORT BOARD , SHALL ESTABLISH A11 SCHEDULE FOR ALLOCATING THE MONEY APPROPRIATED FROM THE12 PROVIDER STABILIZATION FUND FOR ELIGIBLE SAFETY NET PROVIDERS .13 T HE DISBURSEMENT OF MONEY IN THE PROVIDER STABILIZATION FUND TO14 ELIGIBLE SAFETY NET PROVIDERS PURSUANT TO THIS SUBSECTION (5.3) IS15 EXEMPT FROM THE PROVISIONS OF THE "PROCUREMENT CODE", ARTICLES16 101 TO 112 OF TITLE 24.17 (c) Provider eligibility. (I) F OR A SAFETY NET PROVIDER TO BE18 ELIGIBLE FOR A PROVIDER STABILIZATION PAYMENT PURSUANT TO19 SUBSECTION (5.3)(b) OF THIS SECTION, THE SAFETY NET PROVIDER SHALL20 PROVIDE SUFFICIENT INFORMATION TO THE ENTERPRISE , AS SPECIFIED IN21 SUBSECTION (5.3)(c)(II) OF THIS SECTION, THAT THE PROVIDER PROVIDES22 SERVICES TO LOW-INCOME, UNINSURED INDIVIDUALS:23 (A) A T NO COST; OR24 (B) O N A SLIDING-FEE SCHEDULE.25 (II) A SAFETY NET PROVIDER APPLYING FOR A PROVIDER26 STABILIZATION PAYMENT SHALL ANNUALLY SUBMIT TO THE ENTERPRISE27 SB25-290 -9- INFORMATION THAT THE ENTERPRISE , IN CONSULTATION WITH THE1 PROVIDER STABILIZATION FUND ENTERPRISE SUPPORT BOARD , DETERMINES2 NECESSARY TO ESTABLISH THE PROVIDER 'S ELIGIBILITY FOR A PROVIDER3 STABILIZATION PAYMENT PURSUANT TO SUBSECTION (5.3)(b) OF THIS4 SECTION. THE SAFETY NET PROVIDER SHALL PROVIDE THE FOLLOWING :5 (A) I NFORMATION DEMONSTRATING THAT THE PROVIDER IS A6 SAFETY NET PROVIDER AS DESCRIBED IN SUBSECTION (9)(h)(I), (9)(h)(II),7 OR (9)(h)(III) OF THIS SECTION OR HAS A CLIENT CASELOAD THAT8 SATISFIES THE REQUIREMENTS OF SUBSECTION (9)(h)(IV) OF THIS SECTION;9 (B) F OR A SAFETY NET PROVIDER DESCRIBED IN SUBSECTION10 (9)(h)(IV) OF THIS SECTION, THE TOTAL NUMBER OF PATIENTS SERVED ,11 THE NUMBER OF LOW -INCOME, UNINSURED INDIVIDUALS THAT THE12 PROVIDER SERVED, AND THE NUMBER OF ENROLLEES IN MEDICAID ,13 MEDICARE, OR THE CHILDREN'S BASIC HEALTH PLAN THAT THE PROVIDER14 SERVED; AND15 (C) I NFORMATION TO DEMONSTRATE THAT THE PROVIDER16 PROVIDES SERVICES IN COMPLIANCE WITH SUBSECTION (5.3)(c)(I)(A),17 (5.3)(c)(I)(B), OR (5.3)(c)(I)(C) OF THIS SECTION, AS APPLICABLE.18 (III) F OR PURPOSES OF THIS SUBSECTION (5.3)(c), THE NUMBER OF19 PATIENTS SERVED IS THE NUMBER OF UNDUPLICATED USERS OF20 HEALTH-CARE SERVICES AND IS NOT THE NUMBER OF VISITS BY A PATIENT.21 (d) Provider stabilization fund enterprise support board.22 (I) T HE PROVIDER STABILIZATION FUND ENTERPRISE SUPPORT BOARD IS23 CREATED WITHIN THE ENTERPRISE TO SUPPORT THE ENTERPRISE BOARD24 WITH THE IMPLEMENTATION OF THIS SUBSECTION (5.3). THE PROVIDER25 STABILIZATION FUND ENTERPRISE SUPPORT BOARD CONSISTS OF NINE26 MEMBERS APPOINTED BY THE GOVERNOR AS FOLLOWS :27 SB25-290 -10- (A) FIVE MEMBERS WHO ARE ELIGIBLE SAFETY NET PROVIDERS OR1 WHO REPRESENT ASSOCIATIONS OF ELIGIBLE SAFETY NET PROVIDERS ;2 (B) T HREE MEMBERS WHO ARE LOW -INCOME, UNINSURED3 INDIVIDUALS WHO RELY ON SAFETY NET PROVIDERS FOR HEALTH CARE OR4 WHO ARE REPRESENTATIVES FROM COLORADO-BASED CONSUMER5 ADVOCACY ORGANIZATIONS THAT WORK ON SAFETY NET HEALTH -CARE6 MATTERS; AND7 (C) O NE MEMBER WHO IS AN EMPLOYEE OF THE STATE8 DEPARTMENT.9 (II) (A) T HE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS10 TO THE PROVIDER STABILIZATION FUND ENTERPRISE SUPPORT BOARD AS11 SOON AS POSSIBLE AFTER THE EFFECTIVE DATE OF THIS SUBSECTION12 (5.3)(d), BUT NO LATER THAN AUGUST 1, 2025.13 (B) M EMBERS OF THE PROVIDER STABILIZATION FUND ENTERPRISE14 SUPPORT BOARD SERVE AT THE PLEASURE OF THE GOVERNOR . THE TERM15 OF APPOINTMENT IS THREE YEARS.16 (C) M EMBERS OF THE PROVIDER STABILIZATION FUND ENTERPRISE17 SUPPORT BOARD SERVE WITHOUT COMPENSATION AND WITHOUT18 REIMBURSEMENT FOR EXPENSES .19 (III) T HE PROVIDER STABILIZATION FUND ENTERPRISE SUPPORT20 BOARD SHALL ELECT A CHAIR AND VICE-CHAIR FROM AMONG ITS PROVIDER21 AND CONSUMER MEMBERS AND SHALL MEET AS NECESSARY AT THE CALL22 OF THE CHAIR TO PERFORM ITS FUNCTIONS AS SPECIFIED IN THIS23 SUBSECTION (5.3)(d).24 (IV) T HE PROVIDER STABILIZATION FUND ENTERPRISE SUPPORT25 BOARD SHALL CONSULT WITH THE ENTERPRISE BOARD , AS WELL AS THE26 STATE DEPARTMENT AND THE STATE BOARD AS NECESSARY , IN27 SB25-290 -11- IMPLEMENTING THIS SUBSECTION (5.3), INCLUDING ASSISTING THE1 ENTERPRISE IN ADMINISTERING AND PROVIDING OVERSIGHT OF THE2 PROVIDER STABILIZATION FUND.3 (e) Provider stabilization fund report. (I) B EGINNING4 S EPTEMBER 1, 2026, AND BY EACH SEPTEMBER 1 THEREAFTER, THE5 ENTERPRISE BOARD SHALL PREPARE AND SUBMIT AN ANNUAL REPORT6 CONCERNING THE PROVIDER STABILIZATION FUND TO :7 (A) T HE HEALTH AND HUMAN SERVIC ES COMMITTEE OF THE HOUSE8 OF REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES COMMITTEE9 OF THE SENATE, OR THEIR SUCCESSOR COMMITTEES ;10 (B) T HE JOINT BUDGET COMMITTEE;11 (C) T HE GOVERNOR; AND12 (D) T HE STATE BOARD.13 (II) A T A MINIMUM, THE REPORT MUST INCLUDE:14 (A) T HE NUMBER OF LOW-INCOME, UNINSURED INDIVIDUALS AND15 THE NUMBER OF MEDICAID, MEDICARE, AND CHILDREN'S BASIC HEALTH16 PLAN ENROLLEES SERVED BY ELIGIBLE SAFETY NET PROVIDERS THAT17 RECEIVED PROVIDER STABILIZATION PAYMENTS IN THE IMMEDIATELY18 PRECEDING FISCAL YEAR;19 (B) T HE ALLOCATION OF MONEY TO ELIGIBLE SAFETY NET20 PROVIDERS; AND21 (C) A NY OTHER INFORMATION THAT THE ENTERPRISE BOARD , IN22 CONSULTATION WITH THE PROVIDER STABILIZATION FUND ENTERPRISE23 SUPPORT BOARD, DEEMS NECESSARY OR APPROPRIATE .24 (6) Appropriations. (a) (IV) P ROVIDER STABILIZATION PAYMENTS25 FROM THE PROVIDER STABILIZATION FUND PURSUANT TO SUBSECTION (5.3)26 OF THIS SECTION ARE MADE TO SUPPLEMENT , NOT SUPPLANT, GENERAL27 SB25-290 -12- FUND APPROPRIATIONS TO SUPPORT SAFETY NET PROVIDER1 REIMBURSEMENTS.2 (7) Colorado healthcare affordability and sustainability3 enterprise board. (d) The enterprise board has, at a minimum, the4 following duties:5 (II) If requested by the health and human services committee of6 the senate or the public health care and human services committee of the7 house of representatives, or any successor committees, to consult with the8 committees on any legislation that may impact the healthcare affordability9 and sustainability fee, PAYMENTS, or hospital reimbursements established10 pursuant to this section;11 (IX) To monitor the impact of the healthcare affordability and12 sustainability fee AND PROVIDER STABILIZATION PAYMENTS on the broader13 health-care marketplace;14 (e) On or before January 15, 2018, and on or before January 15 OF15 each year, thereafter the enterprise board shall submit a written report to16 the health and human services committee of the senate and the public17 health care and human services committee of the house of representatives,18 or any successor committees, the joint budget committee of the general19 assembly, the governor, and the state board. The report shall include, but20 need not be limited to:21 (III.3) A N ITEMIZATION OF THE TOTAL AMOUNT OF PROVIDER22 STABILIZATION PAYMENTS ALLOCATED TO EACH ELIGIBLE SAFETY NET23 PROVIDER;24 (f) (I) The enterprise is AND THE PROVIDER STABILIZATION FUND25 ENTERPRISE SUPPORT BOARD ARE subject to the open meetings provisions26 of the "Colorado Sunshine Act of 1972", contained in part 4 of article 627 SB25-290 -13- of title 24, and the "Colorado Open Records Act", part 2 of article 72 of1 title 24.2 (9) Definitions. A S USED IN THIS SECTION, UNLESS THE CONTEXT3 OTHERWISE REQUIRES:4 (a) "C HILDREN'S BASIC HEALTH PLAN" HAS THE SAME MEANING AS5 SET FORTH IN SECTION 25.5-8-103 (2).6 (b) "E LIGIBLE SAFETY NET PROVIDER " MEANS A SAFETY NET7 PROVIDER DETERMINED , PURSUANT TO SUBSECTION (5.3)(c) OF THIS8 SECTION, TO BE ELIGIBLE FOR A PROVIDER STABILIZATION PAYMENT .9 (c) "E NTERPRISE" MEANS THE COLORADO HEALTHCARE10 AFFORDABILITY AND SUSTAINABILITY ENTERPRISE CREATED IN11 SUBSECTION (3) OF THIS SECTION.12 (d) "E NTERPRISE BOARD" MEANS THE COLORADO HEALTHCARE13 AFFORDABILITY AND SUSTAINABILITY ENTERPRISE BOARD CREATED IN14 SUBSECTION (7) OF THIS SECTION.15 (e) "L OW-INCOME, UNINSURED INDIVIDUAL " MEANS AN16 INDIVIDUAL:17 (I) R ECEIVING SERVICES FROM A SAFETY NET PROVIDER ;18 (II) W HOSE ANNUAL HOUSEHOLD INCOME IS AT OR BELOW TWO19 HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINE ;20 (III) W HO IS NOT ENROLLED IN MEDICAID , MEDICARE, OR THE21 CHILDREN'S BASIC HEALTH PLAN; AND22 (IV) F OR WHOM A THIRD PARTY IS NOT PAYING OR REIMBURSING23 THE SAFETY NET PROVIDER FOR ALL OR A PORTION OF THE AMOUNT24 CHARGED FOR THE SERVICES PROVIDED TO THE INDIVIDUAL .25 (f) "M EDICAID" MEANS A MEDICAL ASSISTANCE PROGRAM UNDER26 ARTICLES 4 TO 6 OF THIS TITLE 25.5.27 SB25-290 -14- (g) "MEDICARE" MEANS THE "HEALTH INSURANCE FOR THE AGED1 A CT", TITLE XVIII OF THE FEDERAL "SOCIAL SECURITY ACT", AS2 AMENDED.3 (h) "S AFETY NET PROVIDER" MEANS:4 (I) A COMPREHENSIVE COMMUNITY BEHAVIORAL HEALTH5 PROVIDER, AS DEFINED IN SECTION 27-50-101 (11);6 (II) A RURAL HEALTH CLINIC, AS DEFINED IN 42 U.S.C. SEC. 1395x7 (aa)(2);8 (III) A FEDERALLY QUALIFIED HEALTH CENTER , AS DEFINED IN 429 U.S.C. SEC. 1395x (aa)(4); OR10 (IV) A HEALTH-CARE PROVIDER THAT IS DELIVERING PRIMARY11 CARE SERVICES AND AT LEAST FIFTY PERCENT OF WHOSE CLIENT12 CASELOAD IS INDIVIDUALS WHO ARE ENROLLED IN MEDICAID , MEDICARE,13 OR THE CHILDREN'S BASIC HEALTH PLAN OR WHO ARE LOW -INCOME,14 UNINSURED INDIVIDUALS, OR ANY COMBINATION OF SUCH ENROLLEES OR15 LOW-INCOME, UNINSURED INDIVIDUALS.16 SECTION 3. In Colorado Revised Statutes, 38-13-801, amend17 (1)(c); and add (2)(e) and (6) as follows:18 38-13-801. Unclaimed property trust fund - creation -19 payments - interest - appropriations - records - rules. (1) (c) E XCEPT20 AS PROVIDED IN SUBSECTION (6) OF THIS SECTION, all interest derived from21 the deposit and investment of money in the trust fund shall be credited to22 the trust fund. S UCH INTEREST IS NOT FISCAL YEAR SPENDING OF THE23 STATE FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE24 CONSTITUTION.25 (2) (e) I NTEREST CREDITED, AS REQUIRED BY SUBSECTION (6) OF26 THIS SECTION, TO THE PROVIDER STABILIZATION FUND CREATED IN27 SB25-290 -15- SECTION 25.5-4-402.4 (5.3)(a) DOES NOT CONSTITUTE FISCAL YEAR1 SPENDING OF THE STATE FOR PURPOSES OF SECTION 20 OF ARTICLE X OF2 THE STATE CONSTITUTION.3 (6) T HE STATE TREASURER SHALL CREDIT INTEREST DERIVED FROM4 THE DEPOSIT AND INVESTMENT OF MONEY IN THE UNCLAIMED PROPERTY5 TRUST FUND TO THE PROVIDER STABILIZATION FUND CREATED IN SECTION6 25.5-4-402.4 (5.3)(a) AS FOLLOWS:7 (a) O N JULY 1, 2025, TWENTY-FIVE MILLION DOLLARS;8 (b) O N JULY 1, 2026, TWENTY MILLION DOLLARS; AND9 (c) O N JULY 1, 2027, AND ON JULY 1 OF EACH STATE FISCAL YEAR10 THEREAFTER, FIFTEEN MILLION DOLLARS.11 SECTION 4. Effective date. (1) Except as otherwise provided12 in this section, this act takes effect upon passage.13 (2) Section 25.5-4-402.4 (5.3)(a)(I)(A), C.R.S., enacted in section14 2 of this act, and section 3 of this act take effect only if Bill 25- 15 becomes law, in which case section 25.5-4-402.4 (5.3)(a)(I)(A), C.R.S.,16 enacted in section 2 of this act, and section 3 of this act take effect upon17 passage of this act or on the effective date of Bill 25- , whichever is18 later.19 SECTION 5. Safety clause. The general assembly finds,20 determines, and declares that this act is necessary for the immediate21 preservation of the public peace, health, or safety or for appropriations for22 the support and maintenance of the departments of the state and state23 institutions.24 SB25-290 -16-