Amendments for HB19-1001

House Journal, January 17
40 HB19-1001 be amended as follows, and as so amended, be referred to
41 the Committee of the Whole with favorable
42 recommendation:
43
1 Amend printed bill, strike everything below the enacting clause and
2 substitute:
3 "SECTION 1. In Colorado Revised Statutes, 25.5-4-402.4, add
4 (7)(e.5) as follows:
5 25.5-4-402.4. Hospitals - healthcare affordability and
6 sustainability fee - legislative declaration - Colorado healthcare
7 affordability and sustainability enterprise - federal waiver - fund
8 created - rules - reports. (7) Colorado healthcare affordability and
9 sustainability enterprise board. (e.5) THE ENTERPRISE BOARD SHALL
10 CALCULATE THE ESTIMATES DESCRIBED IN SUBSECTION (7)(e)(V) OF THIS
11 SECTION BY USING APPROPRIATE INFORMATION PROVIDED TO THE STATE
12 DEPARTMENT BY HOSPITALS AND ANY STATE DEPARTMENT ANALYSIS OF
13 THAT INFORMATION.
14 SECTION 2. In Colorado Revised Statutes, add 25.5-4-402.8 as
15 follows:
16 25.5-4-402.8. Hospital expenditure report. (1) (a) THE STATE
17 DEPARTMENT SHALL ANNUALLY PREPARE A WRITTEN HOSPITAL
18 EXPENDITURE REPORT DETAILING UNCOMPENSATED HOSPITAL COSTS AND
19 THE DIFFERENT CATEGORIES OF EXPENDITURES, BY MAJOR PAYER GROUP,
20 MADE BY HOSPITALS IN THE STATE. THE STATE DEPARTMENT SHALL
21 CONSULT WITH THE COLORADO HEALTHCARE AFFORDABILITY AND
22 SUSTAINABILITY ENTERPRISE BOARD, CREATED PURSUANT TO SECTION
23 25.5-4-402.4 (7) AND REFERRED TO IN THIS SECTION AS THE "ENTERPRISE
24 BOARD", IN DEVELOPING THE HOSPITAL EXPENDITURE REPORT. THE STATE
25 DEPARTMENT MAY SHARE ANY INFORMATION IT RECEIVES FROM
26 HOSPITALS WITH THE ENTERPRISE BOARD. EXCEPT FOR THE INFORMATION
27 CONTAINED IN THE HOSPITAL EXPENDITURE REPORT PURSUANT TO
28 SUBSECTION (2) OF THIS SECTION, THE STATE DEPARTMENT AND
29 ENTERPRISE BOARD SHALL MAINTAIN THE CONFIDENTIALITY OF
30 INFORMATION RECEIVED PURSUANT TO THIS SECTION THAT IS NOT
31 OTHERWISE PUBLICLY AVAILABLE. THIS INFORMATION IS PROPRIETARY,
32 CONFIDENTIAL, CONTAINS TRADE SECRETS, AND IS NOT A PUBLIC RECORD.
33 IN COMPILING THE HOSPITAL EXPENDITURE REPORT, THE STATE
34 DEPARTMENT SHALL USE PUBLICLY AVAILABLE DATA SOURCES
35 WHENEVER POSSIBLE.
36 (b) EXCEPT AS PROVIDED IN SUBSECTION (1)(c) OF THIS SECTION,
37 EACH HOSPITAL IN THE STATE SHALL MAKE INFORMATION AVAILABLE TO
38 THE STATE DEPARTMENT FOR PURPOSES OF PREPARING THE ANNUAL
39 HOSPITAL EXPENDITURE REPORT. THE STATE BOARD SHALL ESTABLISH
40 THE FORMAT OF THE INFORMATION PROVIDED BY EACH HOSPITAL ON AN
41 ANNUAL BASIS. THE FIRST SUBMISSION BY EACH HOSPITAL MUST INCLUDE
42 INFORMATION FOR FISCAL YEARS 2012 THROUGH 2018. SPECIFICALLY, IN
43 THE FIRST AND SUBSEQUENT SUBMISSIONS, EACH HOSPITAL SHALL
44 PROVIDE THE FOLLOWING INFORMATION TO THE STATE DEPARTMENT:
45 (I) THE HOSPITAL COST REPORT SUBMITTED TO THE FEDERAL
46 CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) PURSUANT TO
47 42 CFR 413.20, INCLUDING A COPY OF THE FINAL FORMS AND
48 WORKSHEETS SUBMITTED TO CMS AS PART OF THE HOSPITAL COST
49 REPORT;
50 (II) (A) AN ANNUAL AUDITED FINANCIAL STATEMENT PREPARED
51 IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
52 EACH HOSPITAL SHALL SUBMIT THE STATEMENT WITHIN ONE HUNDRED
53 TWENTY DAYS AFTER THE END OF ITS FISCAL YEAR UNLESS THE STATE
54 DEPARTMENT GRANTS AN EXTENSION IN WRITING IN ADVANCE OF THAT
55 DATE.
56 (B) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION
1 (1)(b)(II)(A) OF THIS SECTION, IF A HOSPITAL IS PART OF A CONSOLIDATED
2 OR COMBINED GROUP AND IS NORMALLY INCLUDED IN THAT GROUP'S
3 FINANCIAL STATEMENT, THE HOSPITAL MAY SUBMIT THE CONSOLIDATED
4 OR COMBINED STATEMENT IF THE GROUP'S STATEMENT SEPARATELY
5 IDENTIFIES THE FINANCIAL INFORMATION FOR EACH OF THE GROUP'S
6 LICENSED HOSPITALS OPERATING IN THIS STATE. FOR EACH HOSPITAL
7 OPERATING IN THIS STATE AND FOR EACH ADDITIONAL OPERATING UNIT
8 THAT ACCOUNTS FOR FIVE PERCENT OR MORE OF THE CONSOLIDATED OR
9 COMBINED GROUP'S GROSS REVENUES, THE STATEMENT MUST INCLUDE
10 FINANCIAL BALANCES AND INFORMATION FOR THAT UNIT, INCLUDING A
11 BALANCE SHEET, AN INCOME STATEMENT OR STATEMENT OF OPERATIONS,
12 A STATEMENT OF CHANGES IN EQUITY OR NET ASSETS, AND A STATEMENT
13 OF CASH FLOWS.
14 (C) TO THE EXTENT SIMILAR INFORMATION IS REPORTED IN THE
15 MEDICARE COST REPORT, AUDITED FINANCIAL STATEMENTS OR OTHER
16 INFORMATION RESULTS IN DIFFERING AMOUNTS, AND AN EXPLANATION
17 FOR THOSE DIFFERENCES. IN THE EVENT A HOSPITAL DOES NOT HAVE
18 AUDITED FINANCIAL STATEMENTS AVAILABLE, THE HOSPITAL MAY
19 REQUEST FROM THE STATE DEPARTMENT THE ABILITY TO SUBMIT
20 ALTERNATIVE INFORMATION. THE STATE BOARD SHALL PROMULGATE
21 RULES TO THIS EFFECT, INCLUDING BUT NOT LIMITED TO A LIST OF
22 ALTERNATIVE INFORMATION THAT MAY BE SUBMITTED IN PLACE OF THE
23 AUDITED FINANCIAL STATEMENT AND A LIST OF FACILITIES THAT MAY
24 QUALIFY FOR THIS EXCEPTION.
25 (III) A REPORT THAT CONTAINS THE FOLLOWING INFORMATION:
26 (A) THE TOTAL NUMBER OF AVAILABLE BEDS AND LICENSED BEDS;
27 (B) INPATIENT STATISTICS IN TOTAL AND BY MAJOR PAYER GROUP
28 AND BY CARE SETTING, INCLUDING BUT NOT LIMITED TO INPATIENT
29 DISCHARGES AND PATIENT DAYS;
30 (C) OTHER INPATIENT STATISTICS, INCLUDING BUT NOT LIMITED
31 TO THE NUMBER OF INPATIENT SURGERIES, NUMBER OF BIRTHS, NUMBER
32 OF NEWBORN PATIENT DAYS, NUMBER OF ADMISSIONS FROM THE
33 HOSPITAL-BASED EMERGENCY DEPARTMENT, AND NUMBER OF
34 ADMISSIONS FROM FREE-STANDING EMERGENCY DEPARTMENTS;
35 (D) OUTPATIENT STATISTICS IN TOTAL AND BY TYPE OF VISIT,
36 INCLUDING BUT NOT LIMITED TO HOSPITAL-BASED EMERGENCY
37 DEPARTMENT VISITS, FREE-STANDING EMERGENCY DEPARTMENT VISITS,
38 AMBULATORY SURGERY VISITS, HOME HEALTH VISITS, AND ALL OTHER
39 OUTPATIENT VISITS;
40 (E) GROSS CHARGES IN TOTAL, BY MAJOR PAYER GROUP, AND BY
41 CARE SETTING, INCLUDING BUT NOT LIMITED TO INPATIENT CARE AND
42 OUTPATIENT CARE;
43 (F) CONTRACTUAL ALLOWANCES IN TOTAL AND BY MAJOR PAYER
44 GROUP;
45 (G) BAD DEBT WRITE-OFFS IN TOTAL AND BY MAJOR PAYER
46 GROUP;
47 (H) CHARITY WRITE-OFFS IN TOTAL AND BY MAJOR PAYER GROUP;
48 (I) OPERATING EXPENSES IN TOTAL AND BY EXPENSE
49 CLASSIFICATION, INCLUDING BUT NOT LIMITED TO NON-PHYSICIAN
50 PAYROLL EXPENSES AND ASSOCIATED HOURS, PHYSICIAN PAYROLL
51 EXPENSES AND ASSOCIATED HOURS, TOTAL PAYROLL EXPENSES AND
52 ASSOCIATED HOURS, CONTRACT LABOR EXPENSES AND ASSOCIATED
53 HOURS, EMPLOYEE BENEFITS EXPENSES, BUSINESS DEVELOPMENT,
54 MARKETING AND ADVERTISING EXPENSES, SUPPLY EXPENSES,
55 DEPRECIATION EXPENSES, INTEREST EXPENSES, AND ALL OTHER
56 OPERATING EXPENSES;
1 (J) OTHER OPERATING REVENUE, OPERATING MARGIN,
2 NON-OPERATING GAINS AND LOSSES, AND TOTAL MARGIN;
3 (K) A BALANCE SHEET, INCLUDING BUT NOT LIMITED TO DETAILS
4 FOR CURRENT ASSETS, RESTRICTED ASSETS, LONG-TERM ASSETS, OTHER
5 ASSETS, CURRENT LIABILITIES, LONG-TERM DEBT, OTHER LIABILITIES, AND
6 EQUITY OR NET ASSETS;
7 (L) STAFFING INFORMATION, INCLUDING BUT NOT LIMITED TO
8 FULL-TIME EQUIVALENTS, STAFF TURNOVER, AND STAFF VACANCY RATES;
9 (M) A ROLL FORWARD OF PROPERTY, PLANT, AND EQUIPMENT
10 ACCOUNTS BY ASSET TYPE FROM THE BEGINNING TO THE END OF THE
11 REPORTING PERIOD BY ASSET CATEGORY, INCLUDING BUT NOT LIMITED TO
12 PURCHASES, OTHER ACQUISITIONS, SALES, DISPOSALS, AND OTHER
13 CHANGES;
14 (N) THE NAMES AND TRANSACTION PRICE OF ACQUIRED
15 HOSPITALS, AFFILIATED HOSPITALS, NEWLY CONSTRUCTED HOSPITALS,
16 AND REHABILITATED HOSPITALS; THE NAMES AND TRANSACTION PRICE OF
17 ACQUIRED OR AFFILIATED PHYSICIAN GROUP PRACTICES; AND THE
18 NUMBER AND TRANSACTION PRICE OF INDIVIDUAL PHYSICIAN PRACTICES
19 ACQUIRED.
20 (c) THE STATE DEPARTMENT MAY EXEMPT FROM THE REPORTING
21 REQUIREMENTS DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION
22 CERTAIN TYPES OF HOSPITALS, INCLUDING BUT NOT LIMITED TO:
23 (I) PSYCHIATRIC HOSPITALS, AS LICENSED BY THE DEPARTMENT
24 OF PUBLIC HEALTH AND ENVIRONMENT;
25 (II) HOSPITALS THAT ARE LICENSED AS GENERAL HOSPITALS AND
26 CERTIFIED AS LONG-TERM CARE HOSPITALS BY THE DEPARTMENT OF
27 PUBLIC HEALTH AND ENVIRONMENT;
28 (III) CRITICAL ACCESS HOSPITALS THAT ARE LICENSED AS
29 GENERAL HOSPITALS AND ARE CERTIFIED BY THE DEPARTMENT PUBLIC
30 HEALTH AND ENVIRONMENT PURSUANT TO 42 CFR 485 (f);
31 (IV) INPATIENT REHABILITATION FACILITIES; AND
68 32 (V) HOSPITALS SPECIFIED FOR EXEMPTION UNDER 42 CFR 433.
33 (e).
34 (d) PRIOR TO DEVELOPING THE FIRST ANNUAL HOSPITAL
35 EXPENDITURE REPORT, THE STATE DEPARTMENT SHALL CONSULT WITH
36 THE ENTERPRISE BOARD REGARDING THE DEVELOPMENT OF THE REPORT.
37 THE STATE DEPARTMENT SHALL STRIVE FOR CONSISTENCY IN REPORTING
38 THE COMPONENTS IN EACH ANNUAL REPORT WITH THOSE IN THE REPORT
39 OF THE ENTERPRISE BOARD REQUIRED PURSUANT TO SECTION
40 25.5-4-402.4 (7)(e).
41 (e) PRIOR TO ISSUING THE HOSPITAL EXPENDITURE REPORT, THE
42 STATE DEPARTMENT SHALL PROVIDE ANY HOSPITAL REFERENCED IN THE
43 HOSPITAL EXPENDITURE REPORT A COPY OF THE REPORT. EACH HOSPITAL
44 SHALL HAVE A MINIMUM OF FIFTEEN DAYS TO REVIEW THE HOSPITAL
45 EXPENDITURE REPORT AND ANY UNDERLYING DATA AND SUBMIT
46 CORRECTIONS OR CLARIFICATIONS TO THE STATE DEPARTMENT.
47 (f) THE STATE DEPARTMENT SHALL PROVIDE A STATEWIDE
48 HOSPITAL ASSOCIATION ANY INFORMATION RECEIVED PURSUANT TO THIS
49 SECTION IN A MACHINE-READABLE FORMAT AT NO COST TO THE
50 ASSOCIATION.
51 (2) THE HOSPITAL EXPENDITURE REPORT MUST INCLUDE, BUT NOT
52 BE LIMITED TO:
53 (a) A DESCRIPTION OF THE METHODS OF ANALYSIS AND
54 DEFINITIONS OF REPORT COMPONENTS;
55 (b) UNCOMPENSATED CARE COSTS BY MAJOR PAYER GROUP; AND
56 (c) THE PERCENTAGE THAT EACH OF THE FOLLOWING CATEGORIES
1 CONTRIBUTES TO OVERALL EXPENSES OF HOSPITALS:
2 (I) DELIVERY OF INPATIENT HEALTH CARE AND SERVICES BY
3 MAJOR PAYER GROUP;
4 (II) DELIVERY OF OUTPATIENT HEALTH CARE AND SERVICES BY
5 MAJOR PAYER GROUP AND SITE LOCATION;
6 (III) ADMINISTRATIVE COSTS;
7 (IV) CAPITAL CONSTRUCTION COSTS AND ASSOCIATED BOND
8 LIABILITIES;
9 (V) MAINTENANCE;
10 (VI) CAPITAL EXPENDITURES;
11 (VII) PERSONNEL SERVICES;
12 (VIII) UNCOMPENSATED CARE BY MAJOR PAYER GROUP; AND
13 (IX) OTHER EXPENDITURE CATEGORIES, AS DETERMINED BY THE
14 STATE DEPARTMENT.
15 (3) (a) ON OR BEFORE JANUARY 15, 2020, AND ON OR BEFORE
16 JANUARY 15 EACH YEAR THEREAFTER, THE STATE DEPARTMENT SHALL
17 SUBMIT THE ANNUAL HOSPITAL EXPENDITURE REPORT TO:
18 (I) THE PUBLIC HEALTH CARE AND HUMAN SERVICES COMMITTEE
19 OF THE HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEE;
20 (II) THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE
21 SENATE, OR ANY SUCCESSOR COMMITTEE;
22 (III) THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY;
23 (IV) THE GOVERNOR; AND
24 (V) THE STATE BOARD.
25 (b) THE STATE DEPARTMENT MAY REQUEST THAT THE ENTERPRISE
26 BOARD COMBINE THE HOSPITAL EXPENDITURE REPORT DESCRIBED IN THIS
27 SECTION WITH THE REPORT OF THE ENTERPRISE BOARD SPECIFIED IN
28 SECTION 25.5-4-402.4 (7)(e), SO LONG AS THE SPECIFIC REQUIREMENTS OF
29 THIS SECTION ARE FULFILLED, AND SO LONG AS THE ENTERPRISE BOARD
30 AGREES TO THE REQUEST. THE STATE DEPARTMENT SHALL POST THE
31 ANNUAL REPORT ON ITS WEBSITE BY JANUARY 15 OF EACH YEAR.
32 (c) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT
33 REQUIRED IN THIS SECTION CONTINUES INDEFINITELY.
34 (4) THE STATE DEPARTMENT, IN CONSULTATION WITH THE
35 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE DIVISION
36 OF INSURANCE, SHALL REVIEW THE HOSPITAL REPORT CARD, CREATED
37 PURSUANT TO SECTION 25-3-703, AND THE HOSPITAL CHARGE REPORT,
38 C R EA TED PU R SU A N T TO SEC TIO N 25-3-705, AND MA KE
39 RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY NOVEMBER 1, 2019.
40 THE RECOMMENDATIONS MUST IDENTIFY ANY STRUCTURAL OR
41 SUBSTANTIVE CHANGES THAT SHOULD BE MADE TO THE HOSPITAL REPORT
42 CARD OR HOSPITAL CHARGE REPORT TO INCREASE THE VALUE OF THOSE
43 REPORTS, INCLUDING A CONSIDERATION OF WHETHER THE HOSPITAL
44 REPORT CARD OR HOSPITAL CHARGE REPORT STILL PROVIDES VALUE TO
45 CONSUMERS AND POLICYMAKERS.
46 SECTION 3. Act subject to petition - effective date. This act
47 takes effect at 12:01 a.m. on the day following the expiration of the
48 ninety-day period after final adjournment of the general assembly
49 (August 2, 2019, if adjournment sine die is on May 3, 2019); except that,
50 if a referendum petition is filed pursuant to section 1 (3) of article V of
51 the state constitution against this act or an item, section, or part of this act
52 within such period, then the act, item, section, or part will not take effect
53 unless approved by the people at the general election to be held in
54 November 2020 and, in such case, will take effect on the date of the
55 official declaration of the vote thereon by the governor.".
56

House Journal, January 29
1 Amendment No. 1, Health & Insurance Report, dated January 16, 2019,
2 and placed in member's bill file; Report also printed in House Journal,
3 January 17, 2019.
4
5 Amendment No. 2, by Representative(s) Kennedy.
6
7 Amend the Health & Insurance Committee Report, dated January 16,
8 2019, page 1, strike line 16 and substitute:
9
10 "25.5-4-402.8. Hospital expenditure report - definition. (1) AS
11 USED IN THIS SECTION, "MAJOR PAYER GROUP" INCLUDES COMMERCIAL
12 INSURERS, MEDICARE, MEDICAID, INDIVIDUALS WHO SELF-PAY, A
13 FINANCIAL ASSISTANCE PLAN, AND THE "COLORADO INDIGENT CARE
14 PROGRAM", ESTABLISHED IN PART 1 OF ARTICLE 3 OF THIS TITLE 25.5.
15 (2) (a) THE STATE".
16
17 Renumber succeeding subsections accordingly.
18
19 Page 2, line 4, strike "(2)" and substitute "(3)".
20
21 Page 2, line 12, strike "(1)(c)" and substitute "(2)(c)".
22
23 Page 2, line 32, strike "(1)(b)(II)(A)" and substitute "(2)(b)(II)(A)".
24
25 Page 4, line 17, after "CHANGES;" insert "AND".
26
27 Page 4, line 24, strike "(1)(b)" and substitute "(2)(b)".
28
29 Amendment No. 3, by Representative(s) Kennedy.
30
31 Amend Health & Insurance Committee Report, dated January 16, 2019,
32 page 2, strike lines 2 through 11 and substitute:
33
34 "HOSPITALS WITH THE ENTERPRISE BOARD. THE STATE DEPARTMENT MAY
35 INCLUDE INFORMATION IT RECEIVES FROM HOSPITALS IN ACCORDANCE
36 WITH SUBSECTION (1)(b) OF THIS SECTION AND THAT IS NOT OTHERWISE
37 PUBLICLY AVAILABLE IN THE EXPENDITURE REPORT AND SHARE SUCH
38 INFORMATION WITH THE ENTERPRISE BOARD; EXCEPT THAT INFORMATION
39 THE STATE DEPARTMENT RECEIVES FROM HOSPITALS IN ACCORDANCE
40 WITH SUBSECTION (1)(b)(III)(N) OF THIS SECTION IS CONFIDENTIAL,
41 PROPRIETARY, CONTAINS TRADE SECRETS, AND IS NOT A PUBLIC RECORD
42 PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24. THE STATE DEPARTMENT
43 SHALL NOT INCLUDE IN THE EXPENDITURE REPORT, SHARE WITH THE
44 ENTERPRISE BOARD, OR OTHERWISE PUBLISH OR DISTRIBUTE INFORMATION
45 DERIVED FROM REPORTS PURSUANT TO SUBSECTION (1)(b)(III)(N) OF THIS
46 SECTION, ALTHOUGH THE STATE DEPARTMENT MAY SHARE THIS
47 INFORMATION IF SUCH INFORMATION HAS BEEN DE-IDENTIFIED AND
48 AGGREGATED IN A MANNER TO PREVENT IDENTIFICATION OF THE
49 TRANSACTION PRICE OF ANY INDIVIDUAL ACQUISITION OR AFFILIATION. A
50 HOSPITAL SHALL NOT BE IN VIOLATION OF THIS SECTION IF THE HOSPITAL
51 MAKES A GOOD FAITH EFFORT TO COMPLY WITH THE REPORTING
52 REQUIREMENTS OF THIS SECTION.".
53
54 Amendment No. 4, by Representative(s) Kennedy.
55
56 Amend Health & Insurance Committee Report, dated January 16, 2019,
1 page 2, line 13, strike "IN THE STATE" and substitute "LICENSED PURSUANT
2 TO PART 1 OF ARTICLE 3 OF TITLE 25, OR CERTIFIED PURSUANT TO SECTION
3 25-1.5-103 (1)(a)(II),".
4
5 Amendment No. 5, by Representative(s) Kennedy.
6
7 Amend the Health and Insurance Committee Report, dated January 16,
8 2019, page 2, strike lines 31 through 41 and substitute:
9
10 "(B) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION
11 (1)(b)(II)(A) OF THIS SECTION, IF A HOSPITAL IS OPERATING WITHIN A
12 HEALTH SYSTEM OR OTHER CORPORATE STRUCTURE, AND IS NORMALLY
13 INCLUDED IN THAT HEALTH SYSTEM OR OTHER CORPORATE STRUCTURE'S
14 FINANCIAL STATEMENT, THE HOSPITAL MAY SUBMIT THE HEALTH SYSTEM
15 OR OTHER CORPORATE STRUCTURE'S FINANCIAL STATEMENT IF THE
16 STATEMENT SEPARATELY IDENTIFIES THE FINANCIAL INFORMATION FOR
17 EACH OF THE HEALTH SYSTEM OR OTHER CORPORATE STRUCTURE'S
18 LICENSED HOSPITALS OPERATING IN THIS STATE.".
19
20 Page 3, strike lines 1 through 14 and substitute:
21
22 "(C) IN LIEU OF AN AUDITED FINANCIAL STATEMENT, EACH
23 HOSPITAL OPERATING WITHIN A HEALTH SYSTEM OR OTHER CORPORATE
24 STRUCTURE THAT DOES NOT PRODUCE AN ANNUAL AUDITED FINANCIAL
25 STATEMENT SPECIFIC TO EACH INDIVIDUAL HOSPITAL, BUT INSTEAD
26 PRODUCES CONSOLIDATED FINANCIAL STATEMENTS, SHALL SUBMIT A
27 RECONCILIATION OF THE CONSOLIDATED FINANCIAL STATEMENT AND
28 HOSPITAL-SPECIFIC REVENUE AND EXPENSES REPORTED ON THE MEDICARE
29 COST REPORT PURSUANT TO THE FEDERAL CENTERS FOR MEDICARE AND
30 MEDICAID SERVICES PROVIDER REIMBURSEMENT MANUAL FORM 339.".
31
32 Amendment No. 6, by Representative(s) Kennedy.
33
34 Amend Health & Insurance Committee Report, dated January 16, 2019,
35 page 2, strike lines 18 through 20 and substitute "THE INFORMATION
36 DESCRIBED IN SUBSECTIONS (1)(b)(I) AND (1)(b)(II) OF THIS SECTION FOR
37 FISCAL YEARS 2011-12 THROUGH 2018-19 AND THE INFORMATION
38 DESCRIBED IN SUBSECTION (1)(b)(III) OF THIS SECTION FOR THOSE FISCAL
39 YEARS IF SUCH INFORMATION IS AVAILABLE. FOR EACH SUBSEQUENT
40 SUBMISSION, EACH HOSPITAL SHALL PROVIDE THE FOLLOWING
41 INFORMATION TO THE STATE DEPARTMENT:".
42
43 As amended, ordered engrossed and placed on the Calendar for Third
44 Reading and Final Passage.
45

Senate Journal, March 8
After consideration on the merits, the Committee recommends that HB19-1001 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 3, strike lines 10 through 14 and substitute:
"25.5-4-402.8. Hospital expenditure report - definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ACQUIRED" MEANS THE PURCHASE BY A HOSPITAL, OR ENTITY
THAT IS OWNED BY OR UNDER COMMON OWNERSHIP AND CONTROL WITH
THE HOSPITAL, OF ALL OR SUBSTANTIALLY ALL OF AN ORGANIZATION
SUBJECT TO SUBSECTION (1)(b)(I) OR (1)(b)(II) OF THIS SECTION
THROUGH AN ASSET, EQUITY, OR SIMILAR PURCHASE AGREEMENT THAT IS
A SINGLE TRANSACTION OR SERIES OF TRANSACTIONS.
(b) "AFFILIATED" OR "AFFILIATE" MEANS THERE IS A
CONTRACTUAL RELATIONSHIP BETWEEN A HOSPITAL OR AN ENTITY THAT
IS OWNED BY OR UNDER COMMON OWNERSHIP AND CONTROL WITH THE
HOSPITAL WHERE THE CONTRACTUAL RELATIONSHIP ENABLES THE
HOSPITAL OR AN ENTITY THAT IS OWNED BY OR UNDER COMMON
OWNERSHIP AND CONTROL WITH THE HOSPITAL TO EXERCISE CONTROL
OVER ONE OF THE FOLLOWING ENTITIES:
(I) ANOTHER HOSPITAL;
(II) AN ENTITY OWNED BY OR UNDER COMMON OWNERSHIP AND
CONTROL WITH ANOTHER HOSPITAL; OR
(III) A PHYSICIAN GROUP PRACTICE.
(c) "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF
THE POWER TO DIRECT OR CAUSE THE DIRECTION OF MANAGEMENT AND
POLICIES OF AN AFFILIATE, WHETHER THROUGH THE OWNERSHIP OF
EQUITY OR MEMBERSHIP, BY CONTRACT OR OTHERWISE.
(d) "MAJOR PAYER GROUP" INCLUDES COMMERCIAL INSURERS,
MEDICARE, MEDICAID, INDIVIDUALS WHO SELF-PAY, A FINANCIAL
ASSISTANCE PLAN, AND THE "COLORADO INDIGENT CARE PROGRAM",
ESTABLISHED IN PART 1 OF ARTICLE 3 OF THIS TITLE 25.5.".

Page 3, line 26, strike "(1)(b)" and substitute "(2)(b)".

Page 4, line 24, strike "(1)(b)(I) AND (1)(b)(II)" and substitute "(2)(b)(I)
AND (2)(b)(II)".

Page 4, line 26, strike "(1)(b)(III)" and substitute "(2)(b)(III)".

Page 5, line 14, strike "(1)(b)(II)(A)" and substitute "(2)(b)(II)(A)".

Page 8, line 8, after "DEPARTMENT" insert "OF".

Strike "(1)(b)(III)(N)" and substitute "(2)(b)(III)(N)" on: Page 4, lines 3
and 9.

Health &
Human
Services