CO Code § 25.5-3-112 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 3 - Indigent Care|Part 1 - Colorado Indigent Care Program|§ 25.5-3-112. Health Care Services Fund - Creation - State Plan Amendment - Primary Care Special Distribution Fund

     There is hereby created in the state treasury the Colorado health care services fund, referred to in this section as the “fund”. The fund shall consist of moneys credited thereto pursuant to this section.    In fiscal year 2005-06, the general assembly shall appropriate fourteen million nine hundred sixty-two thousand four hundred eight dollars from the general fund to the fund. Of the moneys in the general fund exempt account created in section 24-77-103.6 (2), C.R.S., the following amounts shall be appropriated by the general assembly to the fund:   In fiscal year 2007-08, fifteen million dollars; and    In fiscal year 2008-09, twelve million nine hundred eighteen thousand seven hundred fifty dollars.    (Deleted by amendment, L. 2010, (HB 10-1321), ch. 48, p. 179, § 1, effective March 29, 2010.)  (b.5) In fiscal year 2009-10, the general assembly shall appropriate ten million three hundred ninety thousand dollars from the general fund to the fund.   (b.6) In fiscal year 2011-12, the treasurer shall transfer one million dollars from the general fund to the fund.        All moneys appropriated to the fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or to any other fund. Notwithstanding any provision of section 24-36-114, C.R.S., to the contrary, all interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. (1.5) Notwithstanding any provision of subsection (1) of this section to the contrary, on April 20, 2009, the state treasurer shall deduct five hundred thousand dollars from the fund and transfer such sum to the general fund.       In fiscal year 2006-07, and each of the two fiscal years thereafter, notwithstanding the requirements of section 25.5-3-108 (8)(b), the moneys deposited into the fund shall be appropriated as follows:   Of the moneys appropriated pursuant to this subsection (2), eighteen percent of the moneys annually appropriated shall be to Denver health and hospitals as the community health clinic provider for the city and county of Denver.      For fiscal year 2006-07, eighty-two percent of the moneys remaining after the appropriation pursuant to paragraph (a) of this subsection (2) shall be appropriated to community health clinics to provide primary care services pursuant to this article. (b) (I) For fiscal year 2006-07, eighty-two percent of the moneys remaining after the appropriation pursuant to paragraph (a) of this subsection (2) shall be appropriated to community health clinics to provide primary care services pursuant to this article.    For fiscal year 2006-07, eighteen percent of the moneys remaining after the appropriation pursuant to paragraph (a) of this subsection (2) shall be appropriated to primary care clinics operated by a licensed or certified health-care facility to provide primary care services pursuant to this article.    For fiscal years 2007-08 and 2008-09, the allocation of the moneys remaining after the appropriation pursuant to paragraph (a) of this subsection (2) shall be determined based on prior utilization as specified in rule by the state board. (2.5) In fiscal year 2009-10, notwithstanding the requirements of section 25.5-3-108 (8)(b) , the moneys deposited into the fund shall be appropriated as follows:   Twenty percent of the moneys shall be appropriated to the state department for distribution to Denver health and hospitals as the community health clinic provider for the city and county of Denver;    Eighty percent of the moneys shall be appropriated to the state department for distribution to community health clinics based upon prior utilizations as determined by the state department to mitigate reductions the clinics experience due to reductions in moneys available from the primary care fund created pursuant to section 24-22-117 (2)(b), C.R.S. (2.7) In the 2010-11 fiscal year, notwithstanding the requirements of section 25.5-3-108 (8)(b) , the moneys deposited into the fund shall be appropriated to the state department for distribution to Denver health and hospitals, as the community health clinic for the city and county of Denver, and to community health clinics. The state department shall develop a distribution formula specifying the distributions based upon prior utilizations and, to the extent possible, mitigation of the reductions in funding that the clinics experience due to reductions in moneys available from the primary care fund established pursuant to section 24-22-117 (2)(b) , C.R.S. (2.8) In the 2011-12 fiscal year, notwithstanding the requirements of section 25.5-3-108 (8)(b) , the moneys deposited into the fund shall be appropriated to the state department for distribution to Denver health and hospitals, as the community health clinic for the city and county of Denver, to community health clinics, and to federally qualified health centers. The state department shall develop a distribution formula specifying the distributions based upon prior utilizations and, to the extent possible, mitigation of the reductions in funding that the clinics experience due to reductions in moneys available from the primary care fund established pursuant to section 24-22-117 (2)(b) , C.R.S.               The state department shall submit a state plan amendment for federal financial participation for moneys appropriated to primary care clinics operated by a licensed or certified health-care facility. Upon approval of the state plan amendment, the state department is authorized to receive and expend all available federal moneys without a corresponding reduction in spending authority from the fund.    To the extent possible under federal law, the state department shall pursue available federal financial participation for moneys appropriated to community health clinics.       Repealed.     History. Source: L. 2006: Entire section added, p. 1606, § 4, effective June 2. L. 2007: (2) and (3) amended, p. 559, § 1, effective April 16; (2)(b)(III) amended, p. 2043, § 73, effective June 1. L. 2008: (3)(a) amended, p. 276, § 6, effective March 31. L. 2009: (1.5) added ,(SB 09-208), ch. 149, p. 627, § 31, effective April 20; (1)(b) amended,(SB 09-264), ch. 204, p. 928, § 5, effective May 1. L. 2010: (1)(b), IP(2), and (2)(b)(III) amended and (1)(b.5), (2.5), and (4) added,(HB 10-1321), ch. 48, p. 179, §§ 1, 2, effective March 29; (4) amended and (2.7) added,(HB 10-1378), ch. 213, p. 927, § 3, effective May 27. L. 2011: (1)(b.6) and (2.8) added and (4) amended,(SB 11-219), ch. 188, p. 725, §§ 3, 4, 5, effective June 3.    Editor's note:    This section was originally numbered as § 26-15-114 in Senate Bill 06-044. Section 8 of the act provided for the renumbering and relocation of § 26-15-114 to this section. (SeeL. 2006, p. 1612.)    Amendments to subsection (2) by House Bill 07-1258 and House Bill 07-1367 were harmonized.    Subsection (4)(d) provided for the repeal of subsection (4), effective July 1, 2012. (SeeL. 2011, p. 725.)     Cross references:   For the legislative declaration contained in the 2006 act enacting this section, see section 1 of chapter 323, Session Laws of Colorado 2006.