HB 1244 — Department of Public Health and Environment Nursing Home Penalty Fund

SecondHOUSE RegularBILL Session26-1244 Seventy-fifthBY GeneralREPRESENTATIVE(S) AssemblySlaugh STATEand OFJoseph, COLORADOBacon, REREVISEDDuran, ThisLieder, VersionWoodrow; Includes All Amendments Adopted in the Second House LLS NO.

26-0803.01also RichardSENATOR(S) Sweetman x4333 HOUSE BILL 26-1244 HOUSE SPONSORSHIP Slaugh and Joseph, Bacon, Duran, Lieder, Woodrow SENATE SPONSORSHIP Frizell and Exum, Coleman, Pelton R.R., Coleman.

e n e 6 E a 0 A U , N g l S d ip House Committees Senate Committees e A Health & Human Services Health & Human Services R r e A BILL FOR AN ACT n m 2 C ONCERNING CONSIDERATIONS FOR THE DEPARTMENT OF PUBLIC T n 2 N U 8 HEALTH AND ENVIRONMENT TO USE AS A BASIS FOR MAKING EDISTRIBUTIONS iFROM rTHE SNURSING aHOME APENALTY DISTRIBUTIONSFROMTHENURSINGHOMEPENALTYCASHFUNDCASH FUND .

R n Bill Summary e (Note:

This summary applies to this bill as introduced and does n 6 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill m 0 E n , passes third reading in the house of introduction, a bill summary that U U 1 applies to the reengrossed version of this bill will be available at O i h H a r http://leg.colorado.gov.) R M r Current law requires the department of public health and environment (CDPHE) to consider certain criteria as a basis for distributing grants from the nursing home penalty cash fund (fund).

The g bill strikes these criteria and instead requires CDPHE to distribute such d 62 E e 2 grants in accordance with priorities and allowable uses identified by the S R 2 U d 1 H 2 r Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.

e A centersformedicareandmedicaidserviceswithinthefederaldepartment of health and human services (centers).

Current law requires the nursing home innovations grant board (board) to make recommendations for the approval of grants from the fund.

The bill requires such recommendations to be consistent with the processesfor grant cycles of, and priorities and allowable uses identified by, the centers.

Current law requires CDPHE and the department of health care policy and financing, with the board's assistance, to jointly submit an annual report to the governor and certain legislative committees of reference regarding the expenditure of money in the fund.

The bill changes the due date of the report from October 1 to January 1.

In current law, the term "benefit residents of nursing facilities" is defined to mean that a grant has a direct impact on the residents of nursing facilities or has an indirect impact on the residents through education of nursing facility staff.

The bill amends this definition to include training, as well as education, of nursing facility staff.

Current law states that a governmental entitymaynot applyfor or receive a grant from the fund unless the entity is a facility that is owned or operated by a governmental agency and licensed as a nursing care facility.

The bill removes this restriction.

SECTIONSECTION1. 1.

InInColoradoRevisedStatutes,25-1-107.5,amend(1), Colorado Revised Statutes, 25-1-107.5, amend (1), (4)(c)(II), (4)(d)(II.5)(A), (4)(d)(II.5)(B), and (6)(d) as follows:

Additional authority of department - rules - remedies against nursing facilities - criteria for recommending assessments for civil penaltiespenalties-cooperationwithdepartmentofhealth - cooperation with department of health care policy and financing - nursing home penalty cash fund - nursing home innovations grant board - reports - transfer of contracts to the department.

(1) ForthepurposesofFor Athe SUSEDINpurposes thissection,unlessthecontextof AS USED IN this section, unless the context otherwise requires:

(a)________ Repealed."BCapital ENEFITRESIDENTSOFNURSINGFACILITIESletters "or MEANSbold -2-& 1244italic THATnumbers Aindicate GRANTnew HASmaterial Aadded DIRECTto IMPACTexisting ONlaw; THE RESIDENTS OF NURSING FACILITIES OR HAS AN INDIRECT IMPACT ON THE RESIDENTS THROUGH EDUCATION OR TRAINING OF NURSING FACILITY STA.F (b) "Federal regulations for participation" means the regulations found in part 442 of title 42 of the code of federal regulations, as amended,forparticipationunderTitleXIXofthefederal"SocialSecurity Act", as amended.

"OARDdashes "MEANSthrough THEwords NURSINGor HOMEnumbers INNOVATIONSindicate GRANTdeletions BOARDfrom ,AUTHORIZEDexisting BYlaw SUBSECTIONand (6)OFsuch THISmaterial SECTIO.is not part of the act.

(b.5)(a) "BenefitRepealed. residents of nursing facilities" means that a grant has a directimpactontheresidentsof nursing facilities or has an indirect impact on the residents through education of nursing facility staff.

"ENEFIT RESIDENTS OF NURSING FACILITI"SMEANS THAT A GRANT HAS A DIRECT IMPACT ON THE RESIDENTS OF NURSING FACILITIES OR HAS AN INDIRECT IMPACT ON THE RESIDENTS THROUGH EDUCATION OR TRAINING OF NURSING FACILITY STAFF.

(b) "Federal regulations for participation" means the regulations found in part 442 of title 42 of the code of federal regulations, as amended, for participation under Title XIX of the federal "Social Security Act", as amended.

"B OARD " MEANS THE NURSING HOME INNOVATIONS GRANT BOARD ,AUTHORIZED BY SUBSECTION (6)OF THIS SECTIO.

(b.5) "Benefit residents of nursing facilities" means that a grant has a direct impact on the residents of nursing facilities or has an indirect impact on the residents through education of nursing facility staff.

(c) "Nursing"Nursingfacility"meansanyskilledorintermediatenursingcare facility" means any skilled or intermediate nursing care facility that receives federal and state funds under Title XIX of the federal "Social Security Act", as amendEPARTMENTSamended. "MEANS THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING.

(d)"D "FEDERALEPARTMENTS REGULATIONS FOR PARTICIPATION " MEANS THE REGULATIONSDEPARTMENTOFPUBLICHEALTHANDENVIRONMENTANDTHEDEPARTMENT FOUND IN PART 442OF TITLE42OF THE CODE OF FEDERALHEALTH REGULATIONSCARE ,ASPOLICY AMENDEDAND ,FORFINANCING PARTICIPATION UNDER TITLEXIX OF THE FEDERAL "SOCIAL SECURITYA CT",AS AMENDED .

(e)(d) "NURSING"FEDERAL FACILIT"REGULATIONS FOR PARTICIPATION " MEANS ANYTHE SKILLEDREGULATIONS ORFOUND INTERMEDIATEIN NURSINGPART CARE442 FACILITYOF THATTITLE42 RECEIVESOF THE CODE OF FEDERAL ANDREGULATIONS STATE,ASAMENDED FUNDS,FOR PARTICIPATION UNDER TITLE XIX OFOFTHE THE FEDERAL "SOCIAL SECURITY A CT",CT",AS AS AMENDED .

(4)(e) (c)"N TheURSING departmentsFACILITY"MEANS shallANY consider,SKILLED asOR aINTERMEDIATE basisNURSINGCAREFACILITYTHATRECEIVESFEDERALANDSTATEFUNDSUNDER forTITLE distributionXIX -3-OF 1244THE fromFEDERAL the"SOCIAL nursingSECURITY homeACT penalty",AS cashAMENDED fund,. the following:

(II)(4) Grants(c) toThe bedepartments approvedshall forconsider, measuresPROJECTSas thata willbasis benefitfor residentsdistribution offrom nursing facilities by fostering innovation and improving the qualitynursing ofhome lifepenalty andcash carefund, at the facilities,following: including, but not limited to:N ACCORDANCE WITH PRIORITIES AND ALLOWABLE USES IDENTIFIED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES.

(II) Grants to be approved for measuresND PROJECTS that will benefitresidentsofnursingfacilitiesbyfosteringinnovationandimproving the quality of life and care at the facilities, including, but not limited to:

PAGE 2-HOUSE BILL 26-1244 ACCORDANCE WITH PRIORITIES AND ALLOWABLE USES IDENTIFIED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES .

2014.) (C) Initiatives in nursing facilities related to the qualitymeasuresquality measures promoted by the federal centers for medicare and medicaid services and other national quality initiatives;

and (E) ProjectsProjectsthatsupportorcomplimentstatewidequalityandsafety that support or compliment statewide quality and safety goals of the departments.

(d) (II.5) (A) The board shall make recommendations for the approvalapprovalofgrants,thatbenefitresidentsofnursingfacilitiesforatleastone of grants, that benefit residents of nursing facilities for at least one year and not more than three-year cycles.

The projects awarded via grants must be portable, sustainable, and replicable in other nursing facilitiesICHfacilities RECOMMENDATIONSWHICHRECOMMENDATIONSMUSTBECONSISTENTWITHTHEPROCESSESFOR MUSTGRANT BECYCLES CONSISTENTOF WITH,AND THEPRIORITIES PROCESSESFORGRANTCYCLESOFAND ,ANDPRIORITIESANDALLOWABLEUSESALLOWABLE USES IDENTIFIED BY,THEBY , THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES.SERVICES .

(B) The department and the board shallshalldevelopprocesses develop processes for grant payments, which processes may allow grant payments to be made -4- 1244 in advance of the delivery of goods and services to grantees.