Senate Bill 25-166 Revised

A Bill for an Act

• Page 1, Line 101Concerning quality incentive payments based on incidents of

• Page 1, Line 102workplace violence in a hospital setting.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill includes a performance metric related to workplace violence in determining quality incentive payments made to hospitals.

No later than September 1, 2025, the bill requires the department of health care policy and financing (state department) to convene a stakeholder group to develop recommended metrics, determine whether any federal or private funds are available to assist hospitals in lowering the number of incidents of workplace violence, and develop legislative recommendations, which the stakeholder group must submit to the general assembly no later than February 1, 2026.

Beginning July 1, 2026, and each July thereafter, the bill requires the state department to assess whether each hospital has adopted a formal policy to address workplace violence and submitted the reporting requirements to the department of public health and environment for the next federal fiscal year. The bill exempts hospitals with fewer than 100 beds from the reporting requirements.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 25.5-4-402, amend (3) as follows:

• Page 2, Line 325.5-4-402.  Providers - hospital reimbursement - hospital

• Page 2, Line 4review program - rules. (3) (a)  In addition to the reimbursement rate

• Page 2, Line 5process described in subsection (1) of this section and subject to adequate

• Page 2, Line 6funding being made available pursuant to section 25.5-4-402.4, the

• Page 2, Line 7Colorado healthcare affordability and sustainability enterprise created in

• Page 2, Line 8section 25.5-4-402.4 (3) shall pay an additional amount based upon

• Page 2, Line 9performance to those hospitals that provide services that improve

• Page 2, Line 10health-care outcomes for their patients, including a performance

• Page 2, Line 11metric related to workplace violence. The state department shall

• Page 2, Line 12determine this amount based upon nationally recognized performance

• Page 2, Line 13measures established in rules adopted by the state board. The state quality

• Page 2, Line 14standards must be consistent with federal quality standards published by

• Page 2, Line 15an organization with expertise in health-care quality, including, but not

• Page 2, Line 16limited to, the federal centers for medicare and medicaid services, the agency for healthcare research and quality, or the national quality forum.

• Page 2, Line 17(b)  The amount of the payments made pursuant to this subsection

• Page 2, Line 18(3) shall subsection (3)(a) of this section must be computed annually.

• Page 3, Line 1For the first two fiscal years that payments are made pursuant to this

• Page 3, Line 2subsection (3), the total amount of the payments shall be up to five

• Page 3, Line 3percent of the total reimbursements made to hospitals in the previous

• Page 3, Line 4year. For each state fiscal year, after the first two fiscal years, the total

• Page 3, Line 5amount of the payments shall be up to must be no more than seven

• Page 3, Line 6percent of the total reimbursements made to hospitals in the previous state fiscal year.

• Page 3, Line 7(c) (I)  No later than September 1, 2025, the state

• Page 3, Line 8department and the quality incentives payments subcommittee

• Page 3, Line 9of the Colorado healthcare affordability and sustainability

• Page 3, Line 10enterprise board created in section 25.5-4-402.4 (7) shall consult

• Page 3, Line 11with the department of public health and environment, an

• Page 3, Line 12association representing nurses working in Colorado hospitals,

• Page 3, Line 13a representative of the health-care industry who participates

• Page 3, Line 14in the Colorado medicaid program and does not represent a

• Page 3, Line 15hospital, a representative from a statewide association of

• Page 3, Line 16hospitals, a representative from an association representing

• Page 3, Line 17rural hospitals, a representative from a hospital, the chair of

• Page 3, Line 18the house of representatives health and human services

• Page 3, Line 19committee and the senate health and human services committee, and any other relevant state agencies to:

• Page 3, Line 20(A)  Develop recommended workplace violence metrics

• Page 3, Line 21after evaluating available national standards, considering

• Page 3, Line 22innovative approaches, and accounting for variations across hospitals;

• Page 3, Line 23(B)  Determine whether any federal or private funds are

• Page 3, Line 24available to assist hospitals in lowering the number of incidents of workplace violence; and

• Page 4, Line 1(C)  Develop legislative recommendations.

• Page 4, Line 2(II)  During the state department's 2026 "SMART Act"

• Page 4, Line 3hearing, the state department shall include a progress report

• Page 4, Line 4on developing recommended workplace violence metrics,

• Page 4, Line 5determining whether any federal or private funds are available

• Page 4, Line 6to assist hospitals in lowering the number of incidents of

• Page 4, Line 7workplace violence, and developing legislative recommendations pursuant to subsection (3)(c)(I) of this section.

• Page 4, Line 8(III)  The Colorado healthcare affordability and

• Page 4, Line 9sustainability enterprise board shall include the legislative

• Page 4, Line 10recommendations developed pursuant to subsection (3)(c)(I)(C)

• Page 4, Line 11of this section as part of its January 2027 report submitted pursuant to section 25.5-4-402.4 (7)(e).

• Page 4, Line 12SECTION 2.  In Colorado Revised Statutes, add 25.5-4-434 as follows:

• Page 4, Line 1325.5-4-434.  Workplace violence in hospital settings - policy -

• Page 4, Line 14verification of reporting requirements. (1) (a)  Beginning July 1,

• Page 4, Line 152026, and each July thereafter, the state department shall

• Page 4, Line 16assess whether each hospital has adopted a formal policy to

• Page 4, Line 17address workplace violence and submitted the reporting

• Page 4, Line 18requirements to the department of public health and

• Page 4, Line 19environment pursuant to section 25-3-703 (3)(f) for the next federal fiscal year.

• Page 4, Line 20(b)  In accordance with section 25-3-703 (4), hospitals with

• Page 4, Line 21fewer than one hundred beds are exempt from the reporting requirements.

• Page 5, Line 1(2)  If a hospital has complied with the requirements of

• Page 5, Line 2subsection (1) of this section, the state department shall affirm

• Page 5, Line 3the hospital's satisfactory completion of the workplace

• Page 5, Line 4violence prevention component of the quality incentive payments described in section 25.5-4-402 (3).

• Page 5, Line 5SECTION 3.  Act subject to petition - effective date. This act

• Page 5, Line 6takes effect at 12:01 a.m. on the day following the expiration of the

• Page 5, Line 7ninety-day period after final adjournment of the general assembly; except

• Page 5, Line 8that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 5, Line 9of the state constitution against this act or an item, section, or part of this

• Page 5, Line 10act within such period, then the act, item, section, or part will not take

• Page 5, Line 11effect unless approved by the people at the general election to be held in

• Page 5, Line 12November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.