CO Code § 26-6.4-107 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 6.4 - Colorado Nurse Home Visitor Program|§ 26-6.4-107. Selection of Entities to Administer the Program - Grants - Nurse Home Visitor Program Fund - Created

  On receipt of the list of entities recommended by the health sciences facility, the state board shall select the entities that will administer the program in communities throughout the state. In selecting entities, the state board shall give special consideration to entities that are proposing to administer the program as a collaborative effort among multiple entities.      The entities selected to operate the program shall receive grants in amounts specified by the state board. The grants may include operating costs and additional amounts for training and development of any infrastructure, including but not limited to development of the information management system necessary to administer the program. The state board shall determine the number of entities selected and the number of communities in which the program is implemented based on the moneys available in the nurse home visitor program fund created in paragraph (b) of this subsection (2).  (a.5) Except as otherwise provided in section 26-6.4-108 , the state department is responsible for financial administration of this article, which includes compensating the health sciences facility pursuant to section 26-6.4-105 (3); paying grants to entities selected to administer the program; monitoring financial, contractual, and regulatory compliance; providing medicaid financing oversight; managing accounting and budgeting; and, in cooperation with the health sciences facility, managing grant applications as set forth in section 26-6.4-106 . The state department shall also cooperate with the health sciences facility's administration of programmatic and clinical support, evaluation, and monitoring of the program. The state department is not responsible for any duties assigned to the health sciences facility with respect to the program, as described in section 26-6.4-105 .       Grants awarded pursuant to subsection (2)(a) of this section are payable from the nurse home visitor program fund, which fund is hereby created in the state treasury. The nurse home visitor program fund, referred to in this section as the “fund”, is administered by the state department and consists of money transferred thereto by the state treasurer from money received pursuant to the master settlement agreement in the amount described in subsection (2)(d) of this section. In addition, the state treasurer shall credit to the fund any public or private gifts, grants, or donations received by the state department to implement the program, including any money received from the United States federal government for the program. The fund is subject to annual appropriation by the general assembly to the state department for grants to entities for operation of the program. The state department may retain the amount needed to pay for the program's share of the state department's indirect costs, as calculated under the federally approved cost allocation plan. In addition, the state department may retain a total of up to five percent of the amount annually appropriated from the fund for the program, in order to compensate the health sciences facility pursuant to section 26-6.4-105 (3), as set forth in the scope of work in the agreement between the state department and the health sciences facility, and to compensate the state department for the actual costs the state department incurs in implementing subsection (2)(a.5) of this section, as determined by the state department; except that the portion of the costs to compensate the state department for implementing subsection (2)(a.5) of this section shall not exceed two percent of the amount annually appropriated from the fund for the program, and the portion of such costs to compensate the health sciences facility under section 26-6.4-105 (3), as set forth in the scope of work in the contract between the state department and the health sciences facility, shall not exceed three percent of the amount annually appropriated from the fund for the program. In addition, if the total amount annually appropriated from the fund for the program exceeds nineteen million dollars, the state department and the health sciences facility shall assess whether a smaller percentage of the appropriated funds exceeding nineteen million dollars is adequate to cover their actual costs and shall jointly submit to the general assembly a report articulating their conclusions on this subject. The actual costs of the state department include state department personnel and operating costs and any necessary transfers to the department of health care policy and financing for administrative costs incurred for the medicaid program associated with the program. The actual costs of the health sciences facility include the facility's own actual program costs and those of its contractors and subcontractors. Any costs for time studies required to obtain medicaid reimbursement for the program may be paid from program funds and are not subject to the five percent limit in this section. Notwithstanding section 24-36-114, all interest derived from the deposit and investment of money in the fund shall be credited to the fund. Except as otherwise provided in subsection (2)(b)(II) of this section, all unexpended and unencumbered money in the fund at the end of any fiscal year remains in the fund and shall not be transferred to the general fund or any other fund. (b) (I) Grants awarded pursuant to subsection (2)(a) of this section are payable from the nurse home visitor program fund, which fund is hereby created in the state treasury. The nurse home visitor program fund, referred to in this section as the “fund”, is administered by the state department and consists of money transferred thereto by the state treasurer from money received pursuant to the master settlement agreement in the amount described in subsection (2)(d) of this section. In addition, the state treasurer shall credit to the fund any public or private gifts, grants, or donations received by the state department to implement the program, including any money received from the United States federal government for the program. The fund is subject to annual appropriation by the general assembly to the state department for grants to entities for operation of the program. The state department may retain the amount needed to pay for the program's share of the state department's indirect costs, as calculated under the federally approved cost allocation plan. In addition, the state department may retain a total of up to five percent of the amount annually appropriated from the fund for the program, in order to compensate the health sciences facility pursuant to section 26-6.4-105 (3), as set forth in the scope of work in the agreement between the state department and the health sciences facility, and to compensate the state department for the actual costs the state department incurs in implementing subsection (2)(a.5) of this section, as determined by the state department; except that the portion of the costs to compensate the state department for implementing subsection (2)(a.5) of this section shall not exceed two percent of the amount annually appropriated from the fund for the program, and the portion of such costs to compensate the health sciences facility under section 26-6.4-105 (3), as set forth in the scope of work in the contract between the state department and the health sciences facility, shall not exceed three percent of the amount annually appropriated from the fund for the program. In addition, if the total amount annually appropriated from the fund for the program exceeds nineteen million dollars, the state department and the health sciences facility shall assess whether a smaller percentage of the appropriated funds exceeding nineteen million dollars is adequate to cover their actual costs and shall jointly submit to the general assembly a report articulating their conclusions on this subject. The actual costs of the state department include state department personnel and operating costs and any necessary transfers to the department of health care policy and financing for administrative costs incurred for the medicaid program associated with the program. The actual costs of the health sciences facility include the facility's own actual program costs and those of its contractors and subcontractors. Any costs for time studies required to obtain medicaid reimbursement for the program may be paid from program funds and are not subject to the five percent limit in this section. Notwithstanding section 24-36-114, all interest derived from the deposit and investment of money in the fund shall be credited to the fund. Except as otherwise provided in subsection (2)(b)(II) of this section, all unexpended and unencumbered money in the fund at the end of any fiscal year remains in the fund and shall not be transferred to the general fund or any other fund.    On July 1, 2020, the state treasurer shall transfer four million two hundred thirty-seven thousand three hundred seventy-five dollars from the fund to the general fund.       It is the intent of the general assembly that general fund moneys not be appropriated for implementation of the program.      Pursuant to section 24-75-1104.5 (1.7)(a), C.R.S., and except as otherwise provided in section (5), C.R.S., for the 2016-17 fiscal year and for each fiscal year thereafter so long as the state receives moneys pursuant to the master settlement agreement, the state treasurer shall transfer to the fund twenty-six and seven-tenths of the master settlement agreement moneys received by the state, other than attorney fees and costs, during the preceding fiscal year. The transfer shall be from moneys credited to the tobacco litigation settlement cash fund created in section 24-22-115, C.R.S. (d) (I) Pursuant to section 24-75-1104.5 (1.7)(a), C.R.S., and except as otherwise provided in section (5), C.R.S., for the 2016-17 fiscal year and for each fiscal year thereafter so long as the state receives moneys pursuant to the master settlement agreement, the state treasurer shall transfer to the fund twenty-six and seven-tenths of the master settlement agreement moneys received by the state, other than attorney fees and costs, during the preceding fiscal year. The transfer shall be from moneys credited to the tobacco litigation settlement cash fund created in section 24-22-115, C.R.S.    and (III) Repealed.           History. Source: L. 2013: (2)(b) amended,(HB 13-1181), ch. 74, p. 240, § 8, effective March 22; (2)(d)(III)(C), (2)(d)(III)(D), (2)(d)(III)(E), and (2)(d)(III)(F) amended and (2)(d)(III)(G) added,(HB 13-1180), ch. 200, p. 814, § 3, effective May 11; entire article added with relocations,(HB 13-1117), ch. 169, p. 570, § 4, effective July 1. L. 2014: (2)(d)(III) repealed,(SB 14-104), ch. 93, p. 345, § 2, effective March 27. L. 2016: (2)(b) and (2)(d)(I) amended and (2)(d)(II) repealed,(HB 16-1408), ch. 153, pp. 470, 472, §§ 21, 26, effective July 1. L. 2018: (2)(b) amended,(SB 18-207), ch. 204, p. 1319, § 2, effective May 4. L. 2020: (2)(b) amended,(HB 20-1380), ch. 170, p. 782, § 4, effective June 29.    Editor's note:    This section is similar to former § 25-31-107 as it existed prior to 2013.    Amendments to § 25-31-107 (2)(b) by House Bill 13-1181 were harmonized with House Bill 13-1117 and relocated to this section as subsection (2)(b). Amendments to § 25-31-107 (2)(d)(III)(C) to (2)(d)(III)(G) by House Bill 13-1180 were harmonized with House Bill 13-1117 and relocated to this section as subsections (2)(d)(II)(C) to (2)(d)(II)(G).