CO Code § 25.5-6-204 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 2 - Nursing Facilities|§ 25.5-6-204. Providers - Reimbursement - Intermediate Care Facility for Individuals With Intellectual Disabilities - Reimbursement - Maximum Allowable

     shall not apply to state-operated intermediate care facilities for individuals with intellectual disabilities.    State-operated intermediate care facilities for individuals with intellectual disabilities shall be reimbursed based on the actual costs of administration, property, including capital-related assets, and room and board, and the actual costs of providing health-care services, and such costs shall be projected by such facilities and submitted to the state department by July 1 of each year for the ensuing twelve-month period. Reimbursement to state-operated intermediate care facilities for individuals with intellectual disabilities shall be adjusted retrospectively at the close of each twelve-month period. The state board shall adopt rules to be effective by June 30, 1988, implementing the provisions of this paragraph (b). In the implementation of such rules, the state department shall ensure, by the establishment of classes of facilities, that the reimbursement to private, nonprofit, or proprietary state-operated intermediate care facilities for individuals with intellectual disabilities, as defined in section 25.5-10-202, is not adversely impacted.      Beginning in fiscal year 2013-14, and for each fiscal year thereafter, the state department is authorized to charge both privately owned intermediate care facilities for individuals with intellectual disabilities and state-operated intermediate care facilities for individuals with intellectual disabilities a service fee for the purposes of maintaining the quality and continuity of services provided by intermediate care facilities for individuals with intellectual disabilities. The service fee charged by the state department pursuant to this paragraph (c) will be assessed pursuant to rules adopted by the state board but must not exceed five percent of the total costs incurred by all intermediate care facilities for the fiscal year in which the service fee is charged. The state board shall adopt rules consistent with federal law in order to implement the provisions of this paragraph (c). (c) (I) Beginning in fiscal year 2013-14, and for each fiscal year thereafter, the state department is authorized to charge both privately owned intermediate care facilities for individuals with intellectual disabilities and state-operated intermediate care facilities for individuals with intellectual disabilities a service fee for the purposes of maintaining the quality and continuity of services provided by intermediate care facilities for individuals with intellectual disabilities. The service fee charged by the state department pursuant to this paragraph (c) will be assessed pursuant to rules adopted by the state board but must not exceed five percent of the total costs incurred by all intermediate care facilities for the fiscal year in which the service fee is charged. The state board shall adopt rules consistent with federal law in order to implement the provisions of this paragraph (c).    The moneys collected in each fiscal year pursuant to subparagraph (I) of this paragraph (c) shall be transmitted by the state department to the state treasurer, who shall credit the same to the service fee fund, which fund is hereby created and referred to in this paragraph (c) as the “fund”. The moneys in the fund shall be subject to annual appropriation by the general assembly to the state department to be used toward the state match for the federal financial participation to reimburse intermediate care facilities for individuals with intellectual disabilities pursuant to this section. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and not be credited or transferred to the general fund or any other fund.            In addition to the actual or reasonable costs and the reimbursement therefor, the state department shall, subject to available appropriations, include an allowance equal to the change in the national bureau of labor statistics consumer price index from the preceding year to compensate for fluctuating costs. This amount shall be determined every twelve months when the statewide average cost is determined by adjusting for inflation. The provider's allowable cost shall be multiplied by the change in the consumer price index measured from the midpoint of the provider's cost report period to the midpoint of the provider's rate period. This allowance is applied to all costs, including case-mix adjusted direct health-care services costs as defined in section 25.5-6-201 (9), less interest, up to the reasonable cost established and will be allowed to proprietary, nonprofit, and tax-supported homes; except that the allowance shall not be applied to the costs of state-operated intermediate facilities for individuals with intellectual disabilities.      The state board shall adopt rules to: (b) (I) The state board shall adopt rules to:   Determine and pay to privately owned intermediate care facilities for individuals with intellectual disabilities a reasonable share of the amount by which the reasonable costs of the categories of administration, property, and room and board, excluding food costs, exceed the actual cost in these categories only. The reasonable share shall be defined as twenty-five percent of the amount in the categories for each facility, not to exceed twelve percent of the reasonable cost.    (Deleted by amendment,L. 2008, p. 1783, § 5, effective July 1, 2008.)       (Deleted by amendment,L. 2008, p. 1783, § 5, effective July 1, 2008.)             (Deleted by amendment,L. 2008, p. 1783, § 5, effective July 1, 2008.)       (Deleted by amendment,L. 2008, p. 1783, § 5, effective July 1, 2008.)    (Deleted by amendment,L. 2008, p. 1783, § 5, effective July 1, 2008.)    (Deleted by amendment,L. 2008, p. 1783, § 5, effective July 1, 2008.)    and (7) Repealed.     History. Source: L. 2006: (5)(b) amended and (6) added, p. 1615, §§ 4, 3, effective June 2; entire article added with relocations, p. 1927, § 7, effective July 1. L. 2007: (7) added, p. 1802, § 2, effective July 1. L. 2008: (1)(a) and (2) to (5) amended, p. 1783, § 5, effective July 1. L. 2013: Entire section amended,(SB 13-167), ch. 394, p. 2290, § 3, effective June 5; (1)(b), (1)(c)(I), and (1)(c)(II) amended,(HB 13-1314), ch. 323, p. 1809, § 46, effective March 1, 2014.    Editor's note:    This section is similar to former § 26-4-410 as it existed prior to 2006.      Amendments to section 26-4-410 (5)(b) by Senate Bill 06-131 were harmonized with subsection (5)(b) as it appeared in Senate Bill 06-219. (2) (a) Amendments to section 26-4-410 (5)(b) by Senate Bill 06-131 were harmonized with subsection (5)(b) as it appeared in Senate Bill 06-219.    Subsection (6) was enacted as § 26-4-410 (6) in Senate Bill 06-131 but was relocated due to its harmonization with this section as it appeared in Senate Bill 06-219.       Subsection (6)(c) provided for the repeal of subsection (6), effective July 1, 2007. (SeeL. 2006, p. 1615.)    Subsection (7)(c) provided for the repeal of subsection (7), effective July 1, 2008. (SeeL. 2007, p. 1802.)    Amendments to this subsections (1)(b), (1)(c)(I), and (1)(c)(II) by House Bill 13-1314 and Senate Bill 13-167 were harmonized.     Cross references:   For the legislative declaration contained in the 2006 act amending subsection (5)(b) and enacting subsection (6), see section 1 of chapter 324, Session Laws of Colorado 2006. For the legislative declaration contained in the 2008 act amending subsections (1)(a) and (2) to (5), see section 1 of chapter 383, Session Laws of Colorado 2008.   ANNOTATION   Annotator's note. Since § 25.5-6-204 is similar to § 26-4-410 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5 and § 26-4-410 is similar to § 26-4-110 (5) as it existed prior to the 1991 repeal and reenactment of article 4 of title 26, relevant cases construing those provisions have been included in the annotations to this section.   Department of social services regulation which prohibits a nursing home from charging more for medicaid patients than private-pay patients is valid because it confirms the legislative intent to pay nursing homes the reasonable cost of rendering services. Smith, Harst & Assocs., Inc. v. Dept. of Soc. Servs., 780 P.2d 20 (Colo. App. 1989).   Colorado rate structure and classification system is not arbitrarily or capriciously established or applied where the reimbursement rate was based upon and took into consideration plaintiff's actual costs in providing services needed by all of its patients, including intensive management patients, and where there was no evidence that necessary services cannot be provided to intensive management patients by other available and qualified providers if plaintiffs are unable to continue their present patient mix. Bethesda Found. v. Dept. of Health, 902 P.2d 863 (Colo. App. 1995).