Colorado Code
Part 4 - Providers - Reimbursement
§ 25.5-4-402.4. Hospitals - Healthcare Affordability and Sustainability Fee - Legislative Declaration - Colorado Healthcare Affordability and Sustainability Enterprise - Federal Waiver - Fund Created - Rules - Reports - Repeal

(II.3) (A) For state fiscal years 2019-20, 2020-21, and any subsequent fiscal years, as long as the increased reimbursements and payments pursuant to the federal "Families First Coronavirus Response Act", Pub.L. 116-127, and the "American Rescue Plan Act of 2021", Pub.L. 116-260, are still available only, offset general fund expenditures for the state medical assistance program.
(B) This subsection (4)(a)(II.3) is repealed, effective December 31, 2024.
(II.5) Repealed.

(VIII.3) (A) For state fiscal years 2019-20, 2020-21, and any subsequent fiscal years, as long as the increased reimbursements and payments pursuant to the federal "Families First Coronavirus Response Act", Pub.L. 116-127, and the "American Rescue Plan Act of 2021", Pub.L. 116-260, are still available only, and regardless of when this federal money is made available, the amount in excess of the fifty percent federal financial participation generated by increased reimbursements and payments appropriated for use in subsections (5)(b)(I) to (5)(b)(III) of this section pursuant to the federal "Families First Coronavirus Response Act", Pub.L. 116-127, or any amendment thereto, to offset general fund expenditures for the state medical assistance program.
(B) This subsection (5)(b)(VIII.3) is repealed, effective December 31, 2024.
(VIII.5) Repealed.
(VIII.7) (A) For state fiscal year 2020-21 only, one hundred sixty-one million dollars shall be appropriated to offset general fund expenditures for the state medical assistance program.
(B) This subsection (5)(b)(VIII.7) is repealed, effective December 31, 2021.

(II) (A) On June 30, 2021, the state treasurer shall transfer nineteen million eight hundred thirty thousand nine hundred eighteen dollars from the fund to the ARPA account.
(B) If the fund savings due to the enhanced federal match under ARPA is greater than the amount transferred to the ARPA account under subsection (5)(c)(II)(A) of this section, then the state department shall notify the state treasurer of the amount by which the savings exceeds the transfer. The state treasurer shall transfer this amount from the fund to the ARPA account.
(C) If the fund savings due to the enhanced federal match under ARPA is less than the amount transferred to the ARPA account under subsection (5)(c)(II)(A) of this section, then the state department shall notify the state treasurer of the amount by which the transfer exceeds the savings. The state treasurer shall transfer this amount from the ARPA account to the fund.
(III) The state treasurer shall credit all interest and income derived from the money in the ARPA account to the fund.
(IV) Money in the ARPA account is subject to annual appropriation by the general assembly consistent with the purposes specified in this section and ARPA, and pursuant to part 18 of article 6 of this title 25.5.
(V) Money in the ARPA account remains in the ARPA account until the end of the spending period authorized under ARPA, at which time money remaining in the ARPA account becomes part of the fund.
(VI) This subsection (5)(c) is repealed, effective July 1, 2025.

(I.3) Repealed.
(I.5) (A) The amount in excess of the fifty percent federal financial participation generated by increased reimbursements and payments appropriated for use in subsections (5)(b)(I) to (5)(b)(III) of this section pursuant to the federal "Families First Coronavirus Response Act", Pub.L. 116-127, or any amendment thereto, shall be appropriated to offset general fund expenditures for the state medical assistance program.
(B) This subsection (6)(b)(I.5) is repealed, effective December 31, 2024.
(I.7) (A) One hundred sixty-one million dollars of revenue from the healthcare affordability and sustainability fee shall be used first to offset general fund expenditures for the state medical assistance program.
(B) This subsection (6)(b)(I.7) is repealed, effective December 31, 2021.

(A) Five members who are employed by hospitals in Colorado, including at least one person who is employed by a hospital in a rural area, one person who is employed by a safety-net hospital for which the percent of medicaid-eligible inpatient days relative to its total inpatient days is equal to or greater than one standard deviation above the mean, and one person who is employed by a hospital in an urban area;
(B) One member who is a representative of a statewide organization of hospitals;
(C) One member who represents a statewide organization of health insurance carriers or a health insurance carrier licensed pursuant to title 10 and who is not a representative of a hospital;

Source: L. 2017: Entire section added, (SB 17-267), ch. 267, p. 1448, § 17, effective July 1. L. 2018: IP(5)(b) amended, (SB 18-195), ch. 173, p. 1205, § 1, effective July 1. L. 2019: (7)(e.5) added, (HB 19-1001), ch. 52, p. 177, § 1, effective August 2. L. 2020: (5)(b)(VIII) and (6)(a)(I) amended and (4)(a)(II.5), (5)(b)(VIII.5), and (6)(b)(I.3) added, (HB 20-1361), ch. 161, p. 756, § 2, effective June 29; (5)(b)(VIII) and (6)(a)(I) amended and (4)(a)(II.3), (5)(b)(VIII.3), and (6)(b)(I.5) added, (HB 20-1385), ch. 173, p. 795, § 2, effective June 29; IP(4)(a), (5)(b)(VIII), and (6)(a)(I) amended and (4)(a)(II.5), (5)(b)(VIII.7), and (6)(b)(I.7) added, (HB 20-1386), ch. 210, p. 1023, § 1, effective June 30. L. 2021: (4)(a)(II.3), (5)(b)(VIII.3), and (6)(b)(I.5)(B) amended, (SB 21-213), ch. 88, p. 363, § 2, effective May 4; (4)(a)(II.5), (5)(b)(VIII.5), and (6)(b)(I.3) repealed and (6)(a)(I) amended, (SB 21-211), ch. 86, p. 358, § 2, effective May 4; (5)(c) added, (SB 21-286), ch. 395, p. 2626, § 2, effective June 30.

Cross references: For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.