Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0487.01 Jane Ritter x4342
HOUSE BILL 22-1289
House Committees Senate Committees
Public & Behavioral Health & Human Services
Appropriations
A BILL FOR AN ACT
C
ONCERNING IMPROVING ACCESS TO HEALTH BENEFITS FOR101
ECONOMICALLY INSECURE COLORADO FAMILIES BY ENHANCING102
PUBLIC HEALTH
PROGRAMS, AND, IN CONNECTION THEREWITH,103
MAKING AN APPROPRIATION .104
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 makes the following changes to health insurance coverage
for low-income pregnant people and children in low-income families:
! Provides full health insurance coverage for Colorado
HOUSE
Amended 2nd Reading
April 20, 2022
HOUSE SPONSORSHIP
Gonzales-Gutierrez and McCluskie,
SENATE SPONSORSHIP
Moreno,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. pregnant people who would be eligible for medicaid and
the children's basic health plan (CHIP) if not for their
immigration status and continues that coverage for 12
months postpartum at the CHIP federal matching rate;
! Provides comprehensive health insurance coverage to all
Colorado children who would be eligible for medicaid and
CHIP if not for their immigration status;
! Requires the state department of health care policy and
financing to create an outreach and enrollment strategy for
enrolling eligible groups into new coverage options;
! Makes comprehensive lactation supports and supplies,
including breast pumps, a covered benefit for perinatal
people on medicaid and CHIP;
! Draws down federal funds to improve perinatal and
postpartum support and requires that priorities for the funds
be determined through a stakeholder process;
! Permanently authorizes an existing survey of birthing
parents, run by the state department of public health and
environment and increases the ability of the survey to
collect and report on the experiences of birthing people of
color in Colorado;
! Creates a special enrollment period for health insurance
coverage due to pregnancy so that an eligible person can
sign up for insurance as soon as the person becomes
pregnant; and
! Improves the quality of health insurance coverage available
through the health insurance affordability enterprise.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Health insurance coverage is an important social determinant4
of health because it provides both access to the health-care system and5
financial security. Access to quality prenatal care is one of the most6
important determinants of birth outcomes and a primary strategy to reduce7
infant and maternal mortality.8
(b) The stress and challenges of pregnancy and parenting with9
limited financial resources are contributing factors to a high rate of10
1289-2- depression. One in four low-income pregnant or postpartum individuals1
experience depression in a given year.2
(c) Insurance coverage improves health status and mental health,3
while decreasing infant, child, and adult mortality rates. Medicaid and the4
children's health insurance program (CHIP) are key supports for pregnant5
people and new parents, as well as their children in the critical early years6
of life.7
(d) Research shows that medicaid coverage for children and8
pregnant people is associated with improved health and well-being.9
Children born to medicaid-covered or otherwise insured parents are more10
likely to be born at a healthier birth weight and are at lower risk of infant11
mortality than babies born to people who are uninsured. Medicaid and12
other insurance coverage of pregnant people is also associated with a13
greater likelihood of children finishing high school and college and14
having higher incomes as adults.15
(e) When parents have health insurance, their children are more16
likely to be insured;17
(f) In Colorado, Hispanic and Latina individuals of reproductive18
age are three times more likely to be uninsured compared to their19
non-Hispanic peers. Research indicates that chronic stress associated with20
being a racial or ethnic minority in the United States is largely responsible21
for higher preterm birth rates and constitutes an independent risk factor22
for preterm delivery.23
(g) Approximately twenty-four percent of all pregnancy-related24
deaths occur between forty-three to three hundred sixty-five days after a25
pregnancy ends. There is growing evidence that providing insurance26
coverage for at least one year of postpartum care can reduce preventable27
1289
-3- maternal deaths, particularly among Black persons and immigrant1
populations. Expanding access to prenatal and postpartum care will2
decrease racial disparities in maternal and infant mortality.3
(h) Prenatal care is cost effective. Studies have found that4
providing prenatal care for low-income persons avoids costly infant5
complications and infant death.6
(2) The general assembly further finds that:7
(a) All Colorado children deserve access to preventive and8
life-saving health care. In Colorado, fourteen percent of uninsured9
children are ineligible for medicaid or the children's basic health plan10
because of their immigration status. Health insurance coverage is linked11
to improved access to health-care services and increased use of preventive12
services.13
(b) Without expansion of health-care coverage, immigrant parents14
with children who are ineligible for coverage are more likely to put off15
seeking critical treatment until it is an emergency. Educational success,16
physical health, emotional support, and family strength are inseparable.17
(c) The COVID-19 pandemic has disproportionately harmed18
immigrant communities across the state, exposing the dual impacts of19
racism and xenophobia on access to health care. Ineligibility for20
health-care coverage has led many immigrants to forgo COVID-19 testing21
and treatment, despite both being free.22
(d) As Colorado seeks to address these inequities to build a more23
inclusive state, it is essential to expand coverage to the communities that24
have been most impacted and vulnerable before, during, and well after the25
COVID-19 health crisis; and26
(e) Expanding health-care coverage to all children, pregnant and27
1289
-4- postpartum persons, regardless of immigration status, is fundamental to1
ensuring health equity in Colorado, allowing all parents and children to2
thrive.3
SECTION 2. In Colorado Revised Statutes, 10-16-1206, amend4
(1)(e) and (1)(f); and add (1)(g) as follows:5
10-16-1206. Health insurance affordability cash fund -6
creation. (1) There is hereby created in the state treasury the health7
insurance affordability cash fund. The fund consists of:8
(e) Money that may be allocated to the fund pursuant to section9
10-16-1308; and10
(f) All interest and income derived from the deposit and11
investment of money in the fund; AND12
(g) THE FEDERAL SHARE OF THE MEDICAL ASSISTANCE PAYMENTS13
RECEIVED PURSUANT TO SECTION 25.5-4-503 (2).14
SECTION 3. In Colorado Revised Statutes, 10-16-105.7, add15
(3)(a)(II)(H) as follows:16
10-16-105.7. Health benefit plan open enrollment periods -17
special enrollment periods - rules. (3) (a) (II) A triggering event occurs18
when:19
(H) B
EGINNING JANUARY 1, 2024, AN INDIVIDUAL
WHO DOES NOT20
HAVE EXISTING CREDITABLE COVERAGE RECEIVES CERTIFICATION FROM A21
HEALTH-CARE PROVIDER ACTING WITHIN THE PROVIDER 'S SCOPE OF22
PRACTICE THAT THE INDIVIDUAL IS PREGNANT . COVERAGE IS DEEMED23
EFFECTIVE AS OF THE FIRST MONTH IN WHICH THE INDIVIDUAL RECEIVES24
CERTIFICATION OF THE PREGNANCY , UNLESS THE INDIVIDUAL ELECTS TO25
HAVE COVERAGE EFFECTIVE ON THE FIRST DAY OF THE MONTH FOLLOWING26
THE DATE THAT THE INDIVIDUAL MAKES A PLAN SELECTION . ANY PERSON27
1289
-5- OR ENTITY ENROLLING AN INDIVIDUAL IN COVERAGE PURSUANT TO THIS1
SPECIAL ENROLLMENT PERIOD SHALL PROVIDE A NOTICE , DEVELOPED BY2
THE DEPARTMENT THROUGH A STAKEHOLDER PROCESS , TO THE3
INDIVIDUAL REGARDING THE INDIVIDUAL 'S OPTION TO BEGIN COVERAGE4
EITHER PROSPECTIVELY OR RETROACTIVELY AND THE FINANCIAL AND TAX5
IMPLICATIONS OF THOSE OPTIONS. THE NOTICE MUST BE IN, AT A MINIMUM,6
E
NGLISH AND SPANISH.7
SECTION
4. In Colorado Revised Statutes, 10-16-1207, repeal8
(4)(c)(IV)(A); and add (4)(c.5) as follows:9
10-16-1207. Health insurance affordability board - creation -10
membership - powers and duties - subject to open meetings and11
public records laws - commissioner rules. (4) The board is authorized12
to:13
(c) Recommend, for approval and establishment by the14
commissioner by rule:15
(IV) The parameters for implementing the subsidies for16
state-subsidized individual health coverage plans authorized by this part17
12, including:18
(A) The coverage required under state-subsidized individual19
health coverage plans, which coverage must maximize affordability for20
qualified individuals and must include coverage for the lowest income21
group, as determined by the board, that has no premium and provides22
benefits actuarially equivalent to ninety percent of the full actuarial value23
of the benefits provided under the plan; and24
(c.5) F
URTHER RECOMMEND , FOR APPROVAL AND ESTABLISHMENT25
BY THE COMMISSIONER BY RULE , ADDITIONAL PARAMETERS FOR26
IMPLEMENTING THE SUBSIDIES FOR STATE-SUBSIDIZED INDIVIDUAL HEALTH27
1289
-6- COVERAGE PLANS AUTHORIZED BY THIS PART 12, INCLUDING THAT THE1
COVERAGE REQUIRED PURSUANT TO STATE -SUBSIDIZED INDIVIDUAL2
HEALTH COVERAGE PLANS MUST :3
(I) M
AXIMIZE AFFORDABILITY FOR QUALIFIED INDIVIDUALS ;4
(II) C
OVER BENEFITS EQUIVALENT TO THOSE IN A QUALIFIED5
HEALTH PLAN; AND6
(III) F
OR A PERSON WHO, AT THE TIME THE PERSON APPLIES FOR7
STATE-SUBSIDIZED COVERAGE, MEETS THE INCOME REQUIREMENTS TO8
QUALIFY FOR EMERGENCY MEDICAL ASSISTANCE PURSUANT TO SECTION9
25.5-5-103 AND WHO IS A QUALIFIED INDIVIDUAL WHO MEETS THE10
ELIGIBILITY CRITERIA ESTABLISHED IN RULE PURSUANT TO SUBSECTION11
(4)(c)(IV) OF THIS SECTION, INCLUDE COVERAGE THAT:12
(A) H
AS NO PREMIUM;13
(B) H
AS AN ACTUARIAL VALUE OF NOT LESS THAN NINETY -FOUR14
PERCENT; AND15
(C) T
O THE EXTENT POSSIBLE WITH AVAILABLE F UNDING ,16
INCLUDES COST SHARING THAT IS FURTHER REDUCED FROM SUBSECTION17
(4)(c.5)(III)(B)
OF THIS SECTION SUCH THAT THE PLAN HAS CONSUMER18
COST SHARING RESPONSIBILITIES FOR EMERGENCY SERVICES EQUIVALENT19
TO COST SHARING RESPONSIBILITIES FOR EMERGENCY MEDICAL20
ASSISTANCE PURSUANT TO SECTION 25.5-5-103.21
SECTION 5. In Colorado Revised Statutes, 24-75-109, add22
(1)(a.7) and (1)(a.8) as follows:23
24-75-109. Controller may allow expenditures in excess of24
appropriations - limitations - appropriations for subsequent fiscal25
year restricted - repeal. (1) For the purpose of closing the state's books,26
and subject to the provisions of this section, the controller may, on or27
1289
-7- after May 1 of any fiscal year and before the forty-fifth day after the close1
thereof, upon approval of the governor, allow any department, institution,2
or agency of the state, including any institution of higher education, to3
make an expenditure in excess of the amount authorized by an item of4
appropriation for such fiscal year if:5
(a.7) THE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH6
CARE POLICY AND FINANCING FOR THE STATE MEDICAL ASSISTANCE7
PROGRAM, ESTABLISHED PURSUANT TO SECTION 25.5-2-104; OR8
(a.8) THE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH9
CARE POLICY AND FINANCING FOR THE STATE CHILDREN'S BASIC HEALTH10
PLAN, ESTABLISHED PURSUANT TO SECTION 25.5-2-105; OR11
SECTION 6. In Colorado Revised Statutes, 25-1.5-101, add12
(1)(cc) as follows:13
25-1.5-101. Powers and duties of department - laboratory cash14
fund - report - dispensation of payments under contracts with15
grantees - definitions - repeal. (1) The department has, in addition to all16
other powers and duties imposed upon it by law, the powers and duties17
provided in this section as follows:18
(cc) T
O CARRY OUT THE HEALTH SURVEY FOR BIRTHING PARENTS19
AND REPORTING REQUIREMENTS SET FORTH IN PART 7 OF THIS ARTICLE 1.5.20
SECTION
7. In Colorado Revised Statutes, add part 7 to article21
1.5 of title 25 as follows:22
PART 723
HEALTH SURVEY FOR BIRTHING PARENTS24
25-1.5-701. Health survey for birthing parents. (1) B
EGINNING25
J
ULY 1, 2022, THE DEPARTMENT SHALL BEGIN DEVELOPING A26
METHODOLOGY AND BUILDING A HEALTH SURVEY FOR BIRTHING PARENTS ,27
1289
-8- REFERRED TO IN THIS SECTION AS THE "SURVEY", TO GIVE PEOPLE WHO1
HAVE GIVEN BIRTH THE OPPORTUNITY TO SHARE OPINIONS AND2
EXPERIENCES DURING THE FIRST FEW YEARS OF THEIR BABIES ' LIVES. THE3
PURPOSE OF THE SURVEY IS TO INFORM COLORADO POLICIES AND4
PROGRAMS DESIGNED TO ADVANCE HEALTH EQUITY . AS PART OF THE5
SURVEY, THE DEPARTMENT SHALL:6
(a) I
NVITE A STATEWIDE COHORT OF PEOPLE WHO HAVE RECENTLY7
GIVEN BIRTH TO JOIN THE SURVEY;8
(b) A
NNUALLY AND UP UNTIL A SURVEY PARTICIPANT 'S CHILD'S9
THIRD BIRTHDAY, PROVIDE TO EACH PARTICIPANT AT LEAST TWO BRIEF10
ONLINE QUESTIONNAIRES ON A VARIETY OF HEALTH AND SOCIAL TOPICS ,11
INCLUDING:12
(I) H
OW THE PARTICIPANT FEELS PHYSICALLY AND EMOTIONALLY13
AFTER HAVING GIVEN BIRTH;14
(II) T
HE PARTICIPANT'S MENTAL HEALTH AND SUBSTANCE USE15
BEFORE, DURING, AND AFTER PREGNANCY;16
(III) T
HE PARTICIPANT'S OPINIONS ON CHILDHOOD VACCINATIONS17
AND OTHER IMPORTANT HEALTH DECISIONS ;18
(IV) T
HE PARTICIPANT'S ABILITY TO TAKE LEAVE FROM WORK ;19
(V) T
HE PARTICIPANT'S ABILITY TO FEED THE PARTICIPANT'S BABY20
IN THE PARTICIPANT'S PREFERRED WAY;21
(VI) T
HE PARTICIPANT'S EXPERIENCES WITH DOCTORS AND OTHER22
HEALTH-CARE WORKERS DURING AND AFTER PREGNANCY , INCLUDING ANY23
EXPERIENCES OF DISCRIMINATION; AND24
(VII) T
HE PARTICIPANT'S FAMILY'S ACCESS TO HEALTH CARE AND25
HEALTH SERVICES, INCLUDING BEHAVIORAL HEALTH SERVICES AND ORAL26
HEALTH SERVICES, AND OTHER RESOURCES NECESSARY FOR THE FAMILY27
1289
-9- TO BE HAPPY AND HEALTHY.1
(2) T
HE SURVEY MUST BE DESIGNED TO OVERSAMPLE MEMBERS OF2
GROUPS THAT COMPRISE A SMALL PERCENTAGE OF THE POPULATION AND3
THAT DISPROPORTIONATELY EXPERIENCE HEALTH INEQUITIES , INCLUDING4
A
FRICAN AMERICANS AND NATIVE AMERICANS, SO THAT DATA ABOUT5
THE EXPERIENCES OF THESE POPULATIONS CAN BE MADE PUBLIC .6
P
ARTICIPANT DATA ABOUT RACE, ETHNICITY, SEXUAL ORIENTATION, AND7
GENDER IDENTITY MUST BE COLLECTED AND REPORTED IN A M ANNER THAT8
PROTECTS PERSONALLY IDENTIFYING INFORMATION .9
SECTION
8. In Colorado Revised Statutes, 25.5-2-103, amend10
(1)(b) as follows:11
25.5-2-103. Reproductive health-care program - report - rules12
- definitions. (1) As used in this section, unless the context otherwise13
requires:14
(b) "Eligible individual" means an individual with reproductive15
capacity, regardless of gender, citizenship, or immigration status, who16
would be eligible to enroll in the medical assistance program, except that17
the individual is not a citizen of the United States and is not considered18
an eligible noncitizen pursuant to 8 U.S.C. secs. 1611 and 1612 and19
section 25.5-5-101 (2)(b) AS DESCRIBED IN SECTION 25.5-4-103 (13) BUT20
IS NOT ELIGIBLE DUE SOLELY TO THE INDIVIDUAL'S IMMIGRATION STATUS,21
AND WHO IS NOT ELIGIBLE FOR, OR DECLINES TO ENROLL IN, STATE22
MEDICAL ASSISTANCE, AS DESCRIBED IN SECTION 25.5-2-104.23
SECTION 9. In Colorado Revised Statutes, add 25.5-2-104 and24
25.5-2-105 as follows:25
25.5-2-104. State-funded health and medical care.26
(1) B
EGINNING
NO LATER THAN JANUARY 1, 2025, THERE IS CREATED THE27
1289
-10- STATE MEDICAL ASSISTANCE PROGRAM REFERRED TO IN THIS SECTION AS1
"
STATE MEDICAL ASSISTANCE". STATE MEDICAL ASSISTANCE INCLUDES2
ALL BENEFITS AND SERVICES AT THE SAME COST TO THE BENEFICIARY AS3
ARE OFFERED PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM DEFINED4
IN SECTION 25.5-4-103 (13), SUCH THAT, TO THE MAXIMUM EXTENT5
POSSIBLE, ELIGIBLE INDIVIDUALS MUST NOT BE ABLE TO TELL THAT THE6
PERSON IS ENROLLED IN A DIFFERENT PROGRAM FROM MEDICAL7
ASSISTANCE PURSUANT TO SECTION 25.5-4-103 (13).8
(2) A
CHILD WHO IS LESS THAN NIN ETEEN YEARS OF AGE IS9
ELIGIBLE TO RECEIVE STATE MEDICAL ASSISTANCE IF THE CHILD WOULD BE10
ELIGIBLE FOR MEDICAL ASSISTANCE AS DEFINED IN SECTION 25.5-4-10311
(13)
BUT IS NOT ELIGIBLE DUE SOLELY TO THE CHILD 'S IMMIGRATION12
STATUS.13
(3) A
CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS14
PRESUMPTIVELY ELIGIBLE FOR STATE MEDICAL ASSISTANCE AND WILL15
RECEIVE SERVICES SPECIFIED BY STATE LAW ONLY IF A PARENT OR LEGAL16
GUARDIAN OF THE CHILD DECLARES ALL PERTINENT INFORMATION17
RELATING TO THE CRITERIA OF INCOME AND ASSETS OF THE CHILD 'S18
FAMILY.19
(4) S
TATE MEDICAL ASSISTANCE MUST BE FUNDED BY STATE20
FUNDS ONLY, EXCEPT TO THE EXTENT FEDERAL FUNDS ARE MADE21
AVAILABLE THROUGH EXPRESS WRITTEN AUTHORIZATION THROUGH A22
FEDERAL WAIVER, STATE PLAN AMENDMENT , OR OTHERWISE, BY THE23
CENTERS FOR MEDICARE AND MEDICAID SERVICES .24
(5) T
HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY25
FEDERAL APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL26
PARTICIPATION IN IMPLEMENTING THIS SECTION .27
1289
-11- (6) TO THE MAXIMUM EXTENT ALLOWABLE UNDER FEDERAL LAW ,1
THE STATE DEPARTMENT SHALL , USING APPROPRIATE FUNDING, USE THE2
SAME INFRASTRUCTURE AND PROVIDER NETWORK TO DELIVER STATE3
MEDICAL ASSISTANCE AS IT DOES TO DELIVER MEDICAL ASSISTANCE AS4
DEFINED IN SECTION 25.5-4-103 (13).5
(7) T
HIS SECTION CONSTITUTES STATE AUTHORITY WITHIN THE6
MEANING OF 8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON JANUARY7
1,
2022.8
(8) (a) DURING ITS 2024 PRESENTATION TO THE JOINT BUDGET9
COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE10
HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE11
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES ,12
OR ANY SUCCESSOR COMMITTEES, AT THE HEARING HELD PURSUANT TO13
SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR14
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)15
GOVERNMENT ACT", THE STATE DEPARTMENT SHALL REPORT ON ITS16
PLANS AND PROGRESS IN IMPLEMENTING STATE MEDICAL ASSISTANCE .17
(b) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY18
JANUARY THEREAFTER, THE STATE DEPARTMENT, IN ITS PRESENTATION TO19
THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS20
PRESENTATION TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE21
SENATE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF22
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, AT THE HEARING23
HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE24
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT25
(SMART) GOVERNMENT ACT", SHALL REPORT ON THE COST SAVINGS AND26
HEALTH IMPROVEMENTS ASSOCIATED WITH STATE MEDICAL ASSISTANCE.27
1289
-12- 25.5-2-105. State children's basic health plan. (1) B EGINNING1
NO LATER THAN JANUARY 1, 2025, THERE IS CREATED THE STATE2
CHILDREN'S BASIC HEALTH PLAN. THE STATE CHILDREN'S BASIC HEALTH3
PLAN INCLUDES ALL BENEFITS AND SERVICES , AT THE SAME COST TO THE4
BENEFICIARY, AS ARE OFFERED PURSUANT TO THE CHILDREN 'S BASIC5
HEALTH PLAN IN SECTION 25.5-8-107, SUCH THAT, TO THE MAXIMUM6
EXTENT POSSIBLE, ELIGIBLE INDIVIDUALS MUST NOT BE ABLE TO TELL7
THAT THEY ARE ENROLLED IN A DIFFERENT PROGRAM FROM THE PLAN8
DESCRIBED IN SECTION 25.5-8-107.9
(2) A
CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS10
ELIGIBLE TO RECEIVE THE STATE CHILDREN'S BASIC HEALTH PLAN IF THE11
CHILD WOULD BE ELIGIBLE FOR THE CHILDREN 'S BASIC HEALTH PLAN AS12
DESCRIBED IN 25.5-8-107, BUT IS NOT ELIGIBLE DUE SOLELY TO THE13
CHILD'S IMMIGRATION STATUS.14
(3) A
CHILD WHO LESS THAN NI NETEEN YEARS OF AGE IS15
PRESUMPTIVELY ELIGIBLE FOR THE STATE CHILDREN 'S BASIC HEALTH PLAN16
AND WILL RECEIVE SERVICES SPECIFIED BY STATE LAW ONLY IF A PARENT17
OR LEGAL GUARDIAN OF THE CHILD DECLARES ALL PERTINENT18
INFORMATION RELATING TO THE CRITERIA OF INCOME AND ASSETS OF THE19
CHILD'S FAMILY.20
(4) T
HE STATE CHILDREN'S BASIC HEALTH PLAN MUST BE FUNDED21
BY STATE FUNDS ONLY, EXCEPT TO THE EXTENT FEDERAL FUNDS ARE22
MADE AVAILABLE THROUGH EXPRESS WRITTEN AUTHORIZATION THR OUGH23
A FEDERAL WAIVER, STATE PLAN AMENDMENT , OR OTHERWISE, BY THE24
CENTERS FOR MEDICARE AND MEDICAID SERVICES .25
(5) T
HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY26
FEDERAL APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL27
1289
-13- PARTICIPATION IN IMPLEMENTING THIS SECTION .1
(6) T
O THE MAXIMUM EXTENT ALLOWABLE UNDER FEDERAL LAW ,2
THE STATE DEPARTMENT SHALL , USING APPROPRIATE FUNDING, USE THE3
SAME INFRASTRUCTURE AND PROVIDER NETWORK TO DELIVER THE STATE 'S4
CHILDREN'S BASIC HEALTH PLAN AS IT DOES TO DELIVER THE CHILDREN 'S5
BASIC HEALTH PLAN DESCRIBED IN SECTION 25.5-8-107.6
(7) T
HIS SECTION CONSTITUTES STATE AUTHORITY WITHIN THE7
MEANING OF 8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON JANUARY8
1,
2022.9
(8) (a) DURING ITS 2024 PRESENTATION TO THE JOINT BUDGET10
COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE11
HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE12
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES,13
OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO14
SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR15
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)16
GOVERNMENT ACT", THE STATE DEPARTMENT SHALL REPORT ON ITS17
PLANS AND PROGRESS IN IMPLEMENTING THE STATE BASIC HEALTH PLAN.18
(b) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY19
JANUARY THEREAFTER, THE STATE DEPARTMENT, IN ITS PRESENTATION TO20
THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS21
PRESENTATION TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE22
SENATE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF23
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES , AT THE HEARING24
HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE25
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT26
(SMART) GOVERNMENT ACT", SHALL REPORT ON THE COST SAVINGS AND27
1289
-14- HEALTH IMPROVEMENTS ASSOCIATED WITH THE STATE BASIC HEALTH1
PLAN.2
SECTION 10. In Colorado Revised Statutes, 25.5-4-103, amend3
(10) as follows:4
25.5-4-103. Definitions. As used in this article 4 and articles 55
and 6 of this title 25.5, unless the context otherwise requires:6
(10) "Legal immigrant" "LAWFULLY RESIDING" means an7
individual who is not a citizen or national of the United States and who8
was lawfully admitted to the United States by the immigration and9
naturalization service, or any successor agency, as an actual or10
prospective permanent resident or whose extended physical presence in11
the United States is known to and allowed by the immigration and12
naturalization service, or any successor agency.13
SECTION 11. In Colorado Revised Statutes, 25.5-4-201, amend14
(1) as follows:15
25.5-4-201. Cash system of accounting - financial16
administration of medical services premiums - medical programs17
administered by department of human services - federal18
contributions - rules. (1) The state department shall utilize the cash19
system of accounting, as enunciated by the governmental accounting20
standards board, regardless of the source of revenues involved, for all21
activities of the state department relating to the financial administration22
of any nonadministrative expenditure that qualifies for federal financial23
participation under Title XIX of the federal "Social Security Act", AND24
FOR THE ADMINISTRATION OF THE STATE-FUNDED HEALTH AND MEDICAL25
CARE PROGRAM, CREATED PURSUANT TO SECTION 25.5-2-104, AND FOR26
THE STATE CHILDREN'S BASIC HEALTH PLAN, CREATED PURSUANT TO27
1289
-15- SECTION 25.5-2-105, except for expenditures under the program for the1
medically indigent, article 3 of this title TITLE 25.5.2
SECTION 12. In Colorado Revised Statutes, 25.5-4-301, amend3
(13) as follows:4
25.5-4-301. Recoveries - overpayments - penalties - interest -5
adjustments - liens - review or audit procedures. (13) To the extent6
allowable under federal law, the state department shall recover from a7
legal immigrant's THE sponsor OF A LAWFULLY RESIDING INDIVIDUAL all8
medical assistance paid on behalf of a THE sponsored legal immigrant9
LAWFULLY RESIDING INDIVIDUAL who is enrolled in the medical assistance10
program.11
SECTION 13. In Colorado Revised Statutes, amend 25.5-4-50312
as follows:13
25.5-4-503. Waiver applications - authorization. (1) The state14
department is authorized to apply for health insurance flexibility and15
accountability waivers that will enable the state to add more flexibility to16
Colorado's medicaid program and that will result in a cost-effective17
method of providing health-care services to Coloradans.18
(2) T
HE STATE DEPARTMENT SHALL PURSUE AND , IF APPROVED,19
IMPLEMENT A DEMONSTRATION WAIVER THAT AUTHORIZES THE STATE TO20
USE FEDERAL MEDICAL ASSISTANCE PAYMENTS AUTHORIZED PURSUANT TO21
SECTION 1903(v) OF THE FEDERAL "SOCIAL SECURITY ACT", AS AMENDED,22
IN COORDINATION WITH THE DIVISION OF INSURANCE TO ENHANCE OR23
EXPAND A STATE-SUBSIDIZED INDIVIDUAL HEALTH COVERAGE PLAN AS24
DEFINED IN SECTION 10-16-1203 (15) AND, ONLY IF NEEDED TO MAXIMIZE25
FEDERAL FINANCIAL PARTICIPATION, FOR COLORADANS RECEIVING STATE26
MEDICAL ASSISTANCE PURSUANT TO SECTION 25.5-2-104 OR 25.5-5-20127
1289
-16- (6). TO THE EXTENT SUCH FEDERAL FUNDS ARE USED TO ENHANCE OR1
EXPAND A STATE-SUBSIDIZED INDIVIDUAL HEALTH COVERAGE PLAN, AS2
DEFINED IN SECTION 10-16-1203 (15), THE HEALTH INSURANCE3
AFFORDABILITY ENTERPRISE CREATED PURSUANT TO SECTION 10-16-12044
MUST RECEIVE, DEPOSIT INTO THE HEALTH INSURANCE AFFORDABILITY5
CASH FUND CREATED IN SECTION 10-16-1206, AND ALLOCATE THE6
FEDERAL SHARE OF THE MEDICAL ASSISTANCE PAYMENTS PURSUANT TO7
SECTION 10-16-1205 (2), SUBJECT TO ANY CONDITIONS SET FORTH IN THE8
APPROVAL OF THE WAIVER.9
SECTION 14. In Colorado Revised Statutes, 25.5-5-101, amend10
(3) as follows:11
25.5-5-101. Mandatory provisions - eligible groups.12
(3) Notwithstanding any other provision of this article and articles 4 and13
6 of this title TITLE 25.5, as a condition of eligibility for medical14
assistance under this article ARTICLE 5 and articles 4 and 6 of this title15
TITLE 25.5, a legal immigrant PERSON WHO IS LAWFULLY RESIDING IN THE16
STATE shall agree to refrain from executing an affidavit of support for the17
purpose of sponsoring an alien on or after July 1, 1997, under rules18
promulgated by the immigration and naturalization service, or any19
successor agency, during the pendency of such legal immigrant's THE20
LAWFULLY RESIDING PERSON'S receipt of medical assistance. Nothing in21
this subsection (3) shall be construed to affect a legal immigrant's22
AFFECTS A LAWFULLY RESIDING PERSON'S eligibility for medical assistance23
under this article PURSUANT TO THIS ARTICLE 5 and articles 4 and 6 of this24
title TITLE 25.5 based upon such legal immigrant's THE LAWFULLY25
RESIDING PERSON'S responsibilities under an affidavit of support entered26
into before July 1, 1997.27
1289
-17- SECTION 15. In Colorado Revised Statutes, 25.5-5-201, amend1
(3), (4) and (4.5)(a); and add (6) as follows:2
25.5-5-201. Optional provisions - optional groups. (3) A legal3
immigrant LAWFULLY RESIDING PERSON who is receiving medicaid4
nursing facility care or home- and community-based services on July 1,5
1997, shall MUST continue to receive such services as long as he or she6
THE PERSON meets the eligibility requirements other than citizen status.7
State general funds may be used to reimburse such care in the event that8
federal financial participation is not available.9
(4) A pregnant legal immigrant shall be PERSON WHO IS LAWFULLY10
RESIDING IS eligible to receive prenatal and medical services for labor and11
delivery as long as she MEDICAL ASSISTANCE AS LONG AS THE INDIVIDUAL12
meets eligibility requirements other than
THOSE RELATED TO citizen OR13
IMMIGRATION status. State general funds may be used to reimburse such14
care in the event that federal financial participation is not available.15
(4.5) (a) Subject to the receipt of federal financial participation,16
to the maximum extent allowed under federal law, a person who was17
eligible for all pregnancy-related and postpartum services under
the18
medical assistance program for the sixty days following the pregnancy19
remains continuously eligible for all services under the medical assistance20
program for the twelve-month postpartum period.21
(6) (a) B
EGINNING
NO LATER THAN JANUARY 1, 2025, A PREGNANT22
PERSON WHO IS NOT A CITIZEN AND WHO IS NOT ELIGIBLE FOR MEDICAL23
ASSISTANCE PURSUANT TO SUBSECTION (4) OF THIS SECTION IS ELIGIBLE TO24
RECEIVE MEDICAL ASSISTANCE PURSUANT TO THIS SUBSECTION (6)(a) IF25
THE INDIVIDUAL MEETS THE ELIGIBILITY REQUIREMENTS OTHER THAN26
THOSE RELATED TO CITIZENSHIP AND IMMIGRATION STATUS .27
1289
-18- (b) A PREGNANT PERSON WHO IS ELIGIBLE FOR MEDICAL1
ASSISTANCE PURSUANT TO THIS SUBSECTION (6) REMAINS CONTINUOUSLY2
ELIGIBLE FOR ALL MEDICAL SERVICES PURSUANT TO THE MEDICAL3
ASSISTANCE PROGRAM FOR THE TWELVE -MONTH POSTPARTUM PERIOD, SO4
LONG AS ELIGIBILITY REMAINS IN EFFECT PURSUANT TO SUBSECTION5
(4.5)(a) OF THIS SECTION.6
(c) T
HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY7
FEDERAL APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL8
PARTICIPATION IN IMPLEMENTING THIS SUBSECTION (6). BENEFITS FOR9
SERVICES OBTAINED PURSUANT TO THIS SUBSECTION (6) MUST BE10
PROVIDED WITH ONLY STATE FUNDS IF FEDERAL FINANCIAL PARTICIPATION11
IS UNAVAILABLE FOR SUCH SERVICES.12 (d) (I) DURING ITS 2024 PRESENTATION TO THE JOINT BUDGET13
COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE14
HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE15
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES ,16
OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO17
SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR18
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)19
GOVERNMENT ACT", THE STATE DEPARTMENT SHALL REPORT ON ITS20
PLANS AND PROGRESS IN IMPLEMENTING THE COVERAGE EXPANSION21
CREATED PURSUANT TO THIS SUBSECTION (6).22
(II) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY23
JANUARY THEREAFTER, THE STATE DEPARTMENT, IN ITS PRESENTATION TO24
THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS25
PRESENTATION TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE26
SENATE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF27
1289
-19- REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, AT THE HEARING1
HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE2
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT3
(SMART) GOVERNMENT ACT", SHALL REPORT ON THE COST SAVINGS AND4
HEALTH IMPROVEMENTS ASSOCIATED WITH THE COVERAGE EXPANSION5
CREATED PURSUANT TO THIS SUBSECTION (6).6
SECTION 16. In Colorado Revised Statutes, 25.5-5-202, add7
(1)(y) as follows:8
25.5-5-202. Basic services for the categorically needy - optional9
services. (1) Subject to the provisions of subsection (2) of this section,10
the following are services for which federal financial participation is11
available and that Colorado has selected to provide as optional services12
under the medical assistance program:13
(y) F
OR ANY PERINATAL PERSON , COMPREHENSIVE LACTATION14
SUPPORT SERVICES, LACTATION SUPPLIES AND EQUIPMENT, AND15
MAINTENANCE OF MULTI-USER LOANED EQUIPMENT. AN INDIVIDUAL16
TRAINED IN ADVANCED LACTATION SUPPORT SHALL PROVIDE THE17
LACTATION SUPPORT SERVICES. LACTATION EQUIPMENT MUST INCLUDE A18
SINGLE-USER DOUBLE ELECTRIC BREAST PUMP, PUMP PARTS AND PUMP19
COLLECTION KIT, AND ACCESS TO A LOANED MULTI-USER HOSPITAL GRADE20
ELECTRIC BREAST PUMP ALONG WITH A COMPATIBLE INDIVIDUAL21
COLLECTION KIT. INDIVIDUALS MUST HAVE ACCESS TO SINGLE-USER22
LACTATION SUPPLIES AND EQUIPMENT PRIOR TO DELIVERY. ACCESS TO23
MULTI-USER LOANED BREAST PUMPS SHALL BE AUTHORIZED BY A24
HEALTH-CARE PROVIDER. ACCESS TO MULTI-USER LOANED BREAST PUMPS25
IS PRIORITIZED FOR INDIVIDUALS WITH PREMATURE, MEDICALLY FRAGILE,26
LOW BIRTH WEIGHT INFANTS, AND WITH LACTATION COMPLICATIONS .27
1289
-20- INDIVIDUALS CANNOT BE REQUIRED TO ENROLL IN SEPARATE OR1
ADDITIONAL PROGRAMS IN ORDER TO RECEIVE COVERED LACTATION2
EQUIPMENT OR LACTATION SUPPORT SERVICES .3
SECTION 17. In Colorado Revised Statutes, 25.5-5-204, amend4
(2) and (2.5) as follows:5
25.5-5-204. Presumptive eligibility - pregnant person -6
children - long-term care - state plan. (2) (a) A pregnant woman shall7
be PERSON IS presumptively eligible for the medical assistance program8
and shall receive services specified by federal law only if the woman9
PERSON declares all pertinent information relating to the criteria of10
income, assets, and status AND, ONLY IF NECESSARY TO ADMINISTER11
REIMBURSEMENT FOR SERVICES , STATUS.12
(b) A woman shall declare her immigration status unless the13
general assembly provides funding for prenatal care services for14
undocumented residents.15
(2.5) A child under the age of eighteen years shall be LESS THAN16
NINETEEN YEARS OF AGE IS presumptively eligible for the medical17
assistance program and shall receive services specified by federal law18
only if a parent or legal guardian of the child declares all pertinent19
information relating to the criteria of income, assets, and status AND,20
ONLY IF NECESSARY TO ADMINISTER REIMBURSEMENT FOR SERVICES ,21
STATUS of the child's family.22
SECTION 18. In Colorado Revised Statutes, add 25.5-6-115 as23
follows:24
25.5-6-115. Notification of federal immigration consequences.25
T
HE STATE DEPARTMENT SHALL CONSULT WITH STAKEHOLDERS ,26
INCLUDING PEOPLE WITH LIVED EXPERIENCE , IMMIGRANTS RIGHTS27
1289
-21- ADVOCATES, HEALTH-CARE ADVOCATES, AND IMMIGRATION LAWYERS, TO1
PROVIDE CLEAR AND ACCURATE INFORMATION AND REFERRALS2
REGARDING CURRENT PUBLIC CHARGE POLICIES .3
SECTION 19. In Colorado Revised Statutes, 25.5-8-103, amend4
(4)(a)(I) and (4)(b)(I) as follows:5
25.5-8-103. Definitions. As used in this article 8, unless the6
context otherwise requires:7
(4) "Eligible person" means:8
(a) (I) A person who is less than nineteen years of age,
WHO IS A9
CITIZEN OR MEETS THE IMMIGRATION STATUS REQUIREMENTS SET FORTH10
IN SECTION 25.5-8-109 (6) OR 25.5-8-109 (7), whose family income does11
not exceed two hundred fifty percent of the federal poverty line, adjusted12
for family size,
AND WHO IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE13
PURSUANT TO ARTICLES 4, 5, AND 6 OF THIS TITLE 25.5.14
(b) (I) A pregnant woman
PERSON WHO IS A CITIZEN OR MEETS THE15
IMMIGRATION STATUS REQUIREMENTS SET FORTH IN SECTION 25.5-8-10916
(6)
OR 25.5-8-109 (7), whose family income does not exceed two hundred17
fifty percent of the federal poverty line, adjusted for family size, and who18
is not eligible for medicaid
MEDICAL ASSISTANCE PURSUANT TO ARTICLES19
4,
5, AND 6 OF THIS TITLE 25.5.20
SECTION
20. In Colorado Revised Statutes, 25.5-8-107, add21
(1)(a)(V) and (1)(i) as follows:22
25.5-8-107. Duties of the department - schedule of services -23
premiums - copayments - subsidies - purchase of childhood24
immunizations. (1) In addition to any other duties pursuant to this article25
8, the department has the following duties:26
(a) (V) I
N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTIONS27
1289
-22- (1)(a)(I), (1)(a)(II), AND (1)(a)(III) OF THIS SECTION, AND ANY1
ADDITIONAL ITEMS APPROVED BY THE MEDICAL SERVICES BOARD , THE2
MEDICAL SERVICES BOARD SHALL INCLUDE , FOR ALL PERINATAL PEOPLE,3
COMPREHENSIVE LACTATION SUPPORT SERVICES , LACTATION SUPPLIES4
AND EQUIPMENT, AND MAINTENANCE OF MULTI-USER LOANED EQUIPMENT.5
AN INDIVIDUAL TRAINED IN ADVANCED LACTATION SUPPORT SHALL6
PROVIDE THE LACTATION SUPPORT SERVICES. LACTATION EQUIPMENT7
MUST INCLUDE A SINGLE-USER DOUBLE ELECTRIC BREAST PUMP, PUMP8
PARTS AND PUMP COLLECTION KIT, AND ACCESS TO A LOANED MULTI-USER9
HOSPITAL GRADE ELECTRIC BREAST PUMP ALONG WITH A COMPATIBLE10
INDIVIDUAL COLLECTION KIT. INDIVIDUALS MUST HAVE ACCESS TO11
SINGLE-USER LACTATION SUPPLIES AND EQUIPMENT PRIOR TO DELIVERY.12
ACCESS TO MULTI-USER LOANED BREAST PUMPS SHALL BE AUTHORIZED BY13
A HEALTH-CARE PROVIDER. ACCESS TO MULTI-USER LOANED BREAST14
PUMPS IS PRIORITIZED FOR INDIVIDUALS WITH PREMATURE, MEDICALLY15
FRAGILE, LOW BIRTH WEIGHT INFANTS , AND WITH LACTATION16
COMPLICATIONS. INDIVIDUALS CANNOT BE REQUIRED TO ENROLL IN17
SEPARATE OR ADDITIONAL PROGRAMS IN ORDER TO RECEIVE COVERED18
LACTATION EQUIPMENT OR LACTATION SUPPORT SERVICES .19
(i) (I) T
HE DEPARTMENT SHALL DEVELOP AND IMPLEMENT AN20
OUTREACH STRATEGY FOR COLORADANS WHO BECOME ELIGIBLE FOR21
HEALTH COVERAGE PURSUANT TO SECTION 25.5-2-104, 25.5-2-105,22
25.5-5-201
(6), OR 25.5-8-109 (7). THE STATE DEPARTMENT SHALL WORK23
WITH STAKEHOLDERS TO DEVELOP AN OUTREACH STRATEGY THAT24
INCLUDES:25
(A) F
UNDING FOR COMMUNITY -BASED ORGANIZATIONS TO26
PARTNER WITH THE DEPARTMENT ON OUTREACH ;27
1289
-23- (B) A METHOD FOR PROVIDING INFORMATION RELATED TO1
ELIGIBILITY AND ENROLLMENT THAT CAN BE PROVIDED TO NONPROFIT2
PARTNERS, SCHOOL DISTRICTS, AND CHARTER SCHOOLS FOR OUTREACH3
PURPOSES; AND4
(C) A
T A MINIMUM, PROVIDING INFORMATION RELATED TO5
ELIGIBILITY AND COVERAGE IN ENGLISH, SPANISH, AND IN EACH6
LANGUAGE SPOKEN BY AT LEAST TWO -AND-ONE-HALF PERCENT OF THE7
POPULATION OF ANY COUNTY WHO SPEAK ENGLISH LESS THAN VERY WELL,8
AS DEFINED BY THE UNITED STATES BUREAU OF THE CENSUS AMERICAN9
COMMUNITY SURVEY , AND WHO SPEAK THE MINORITY LANGUAGE AT10
HOME;11
(II)
APPROXIMATELY TWELVE AND TWENTY -FOUR MONTHS AFTER12
IMPLEMENTATION OF THE STRATEGY REQUIRED PURSUANT TO SUBSECTION13
(1)(i)(I)
OF THIS SECTION, THE DEPARTMENT SHALL CONVENE14
STAKEHOLDERS, INCLUDING DIRECTLY IMPACTED INDIVIDUALS , SERVICE15
PROVIDERS, AND ADVOCACY ORGANIZATIONS THAT ARE DIVERSE WITH16
REGARD TO RACE , ETHNICITY, IMMIGRATION STATUS , SEXUAL17
ORIENTATION, AND GENDER IDENTITY AND WHO ARE AFFECTED BY HIGHER18
RATES OF HEALTH DISPARITIES AND INEQUITIES. THE DEPARTMENT SHALL19
REPORT ON THE OUTREACH AND ENROLLMENT STRATEGY OUTCOMES ,20
INCLUDING ENROLLMENT OF ELIGIBLE PERSONS INTO THESE PROGRAMS21
COMPARED TO THOSE PERSONS WHO ARE ELIGIBLE FOR COVERAGE , BUT22
NOT ENROLLED.23
24
SECTION 21. In Colorado Revised Statutes, 25.5-8-109, amend25
(5.5)(a) and (6); and add (7) as follows:26
25.5-8-109. Eligibility - children - pregnant women - repeal.27
1289
-24- (5.5) (a) Subject to the receipt of federal financial participation, to the1
maximum extent allowed under federal law, a person who was eligible for2
the plan while pregnant and who remains eligible for all3
pregnancy-related and postpartum services under the plan for the sixty4
days following the pregnancy remains continuously eligible for all5
services under the plan for the twelve-month postpartum period.6
(6) (a) Notwithstanding any other provision of law, but subject to7
the availability of sufficient appropriations and the receipt of federal8
financial participation, the department may SHALL provide benefits under9
this article PURSUANT TO THIS ARTICLE 8 to a pregnant woman who is a10
qualified alien PERSON WHO IS LAWFULLY RESIDING , AS DEFINED IN11
SECTION 25.5-4-103 (10), and a child under LESS THAN nineteen years of12
age, who is a qualified alien WHO IS LAWFULLY RESIDING, so long as such13
woman PREGNANT PERSON or child meets eligibility criteria other than14
citizenship OTHER THAN THOSE RELATED TO CITIZENSHIP OR IMMIGRATION15
STATUS.16
(7) (a) B
EGINNING
NO LATER THAN JANUARY 1, 2025,17
NOTWITHSTANDING ANY OTHER PROVISION OF LAW , THE DEPARTMENT18
SHALL PROVIDE BENEFITS PURSUANT TO THIS ARTICLE 8 TO A PREGNANT19
PERSON WHO IS NOT A CITIZEN AND IS NOT ELIGIBLE PURSUANT TO20
SUBSECTION (6) OF THIS SECTION, SO LONG AS THE PREGNANT PERSON21
MEETS THE ELIGIBILITY CRITERIA OTHER THAN THOSE RELATED TO22
CITIZENSHIP OR IMMIGRATION STATUS . ELIGIBILITY PURSUANT TO THIS23
SECTION EXTENDS CONTINUOUSLY THROUGH THE TWELVE -MONTH24
POSTPARTUM PERIOD, SO LONG AS ELIGIBILITY REMAINS IN EFFECT25
PURSUANT TO SUBSECTION (5.5)(a) OF THIS SECTION.26
(b) T
HE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL27
1289
-25- APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL1
PARTICIPATION IN IMPLEMENTING THIS SUBSECTION (7).2
(c) (I) DURING ITS 2024 PRESENTATION TO THE JOINT BUDGET3
COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE4
HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE5
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES ,6
OR ANY SUCCESSOR COMMITTEES, AT THE HEARING HELD PURSUANT TO7
SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR8
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)9
GOVERNMENT ACT", THE STATE DEPARTMENT SHALL REPORT ON ITS10
PLANS AND PROGRESS IN IMPLEMENTING THE COVERAGE EXPANSION11
CREATED PURSUANT TO THIS SUBSECTION (7).12
(II) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY13
JANUARY THEREAFTER, THE STATE DEPARTMENT, IN ITS PRESENTATION TO14
THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS15
PRESENTATION TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE16
SENATE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF17
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES , AT THE HEARING18
HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE19
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT20
(SMART) GOVERNMENT ACT", SHALL REPORT ON THE COST SAVINGS AND21
HEALTH IMPROVEMENTS ASSOCIATED WITH THE COVERAGE EXPANSION22
CREATED PURSUANT TO THIS SUBSECTION (7).23
(d) T
HIS SUBSECTION (7) CONSTITUTES STATE AUTHORITY WITHIN24
THE MEANING OF 8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON25
J
ANUARY 1, 2022.26
SECTION
22. In Colorado Revised Statutes, add 25.5-8-109.327
1289
-26- as follows:1
25.5-8-109.3. Health services initiatives. (1) T
O THE EXTENT2
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE , THE DEPARTMENT3
SHALL DESIGN AND IMPLEMENT HEALTH SERVICE INITIATIVES PURSUANT4
TO SECTION 2105(a)(1)(D)(ii) OF THE FEDERAL "SOCIAL SECURITY ACT",5
AS AMENDED, TO PROVIDE FUNDING FOR CONTINUOUS ENROLLMENT FOR6
THE TWELVE-MONTH POSTPARTUM PERIOD FOR A PERSON WHO IS7
ENROLLED IN HEALTH-CARE COVERAGE PURSUANT TO SECTION 25.5-5-2018
(6)
OR 25.5-8-109 (7).9
(2) T
O THE EXTENT ADDITIONAL FEDERAL FINANCIAL10
PARTICIPATION IS AVAILABLE, THE DEPARTMENT SHALL ESTABLISH A11
STAKEHOLDER PROCESS IN COLLABORATION WITH DEPARTMENT STAFF TO12
DETERMINE ADDITIONAL PRIORITIES AND BUDGET ALLOCATIONS THAT13
DRAW DOWN AT LEAST FIFTY PERCENT OF THE REMAINING HEALTH14
SERVICES INITIATIVE FUNDS TO EXPAND ACCESS TO PERINATAL AND15
POSTPARTUM SUPPORTS .
THE DEPARTMENT SHALL REPORT ON THE16
ESTABLISHED PRIORITIES AND BUDGET ALLOCATIONS AND THE WAYS IN17
WHICH THEY ARE INCLUSIVE OF STAKEHOLDER INPUT DURING THE18
DEPARTMENT'S 2024 PRESENTATION TO THE JOINT BUDGET COMMITTEE OF19
THE GENERAL ASSEMBLY AND IN THE DEPARTMENT 'S PRESENTATION TO20
THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE21
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES ,22
OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO23
SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR24
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)25
GOVERNMENT ACT". IN CONDUCTING THE STAKEHOLDER PROCESS , THE26
DEPARTMENT SHALL:27
1289
-27- (a) ENGAGE DIRECTLY WITH IMPACTED INDIVIDUALS , SERVICE1
PROVIDERS, ADVOCACY ORGANIZATIONS , AND INDIVIDUALS WORKING IN2
OR REPRESENTING COMMUNITIES WHO ARE DIVERSE WITH REGARD TO3
RACE, ETHNICITY, IMMIGRATION STATUS , AGE, ABILITY, SEXUAL4
ORIENTATION, GENDER IDENTITY, OR GEOGRAPHIC REGION OF THE STATE5
AND WHO ARE AFFECTED BY HIGHER RATES OF HEALTH DISPARITIES AND6
INEQUITIES;7
(b) P
UBLICIZE, CONDUCT, AND REPORT OUTCOMES OF8
STAKEHOLDER MEETINGS IN, AT A MINIMUM, ENGLISH AND SPANISH;9
(c) I
NCLUDE OPPORTUNITIES FOR PARTICIPATION IN THE10
STAKEHOLDER PROCESS OUTSIDE OF REGULAR WORK HOURS ;11
(d) CONDUCT A MINIMUM OF FIVE STAKEHOLDER MEETINGS AND12
CONDUCT ADDITIONAL MEETINGS FOCUSED ON HEARING INPUT FROM13
INDIVIDUAL CONSTITUENCIES LISTED IN SUBSECTION (2)(a) OF THIS14
SECTION.15
(e) TAKE INTO CONSIDERATION RESEARCH AND INFORMATION16
FROM REPORTS ISSUED BY THE MATERNAL MORTALITY REVIEW17
COMMITTEE, AS REQUIRED BY SECTION 25-52-104 (6);18
(f) TAKE INTO CONSIDERATION DATA FROM THE HEALTH SURVEY19
FOR BIRTHING PARENTS TO INFORM STAKEHOLDER DECISION -MAKING; AND20
(g) CONSIDER INITIATIVES TO REDUCE DIAPER NEED , EXPAND21
ACCESS TO GROUP-BASED PRENATAL AND PEDIATRIC CARE MODELS , AND22
EXPAND HOME VISITATION PROGRAMS , INCLUDING VOLUNTARY NEWBORN23
NURSE VISITATION PROGRAMS THAT ARE UNIVERSALLY OFFERED TO ALL24
FAMILIES IN A GIVEN COMMUNITY AND PROVIDE AT LEAST ONE NURSE VISIT25
WITHIN THE FIRST THREE MONTHS OF LIFE.26
(3) (a) T
HE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL27
1289
-28- APPROVALS TO OBTAIN FEDERAL FINANCIAL PARTICIPATION IN1
IMPLEMENTING SUBSECTION (1) OF THIS SECTION.2
(b) T
O THE EXTENT ALLOWABLE , THE DEPARTMENT SHALL3
MAXIMIZE FEDERAL FINANCIAL PARTICIPATION IN IMPLEMENTING THIS4
SECTION.5 SECTION 23. Appropriation. (1) For the 2022-23 state fiscal6
year, $730,573 is appropriated to the department of health care policy and7
financing. This appropriation is from the general fund. To implement this8
act, the department may use this appropriation as follows:9
(a) $258,733 for use by the executive director's office for personal10
services, which amount is based on an assumption that the office will11
require an additional 5.1 FTE;12
(b) $29,707 for use by the executive director's office for operating13
expenses;14
(c) $262,500 for general professional services and special15
projects;16
(d) $161,069 for medical and long-term care services for17
Medicaid eligible individuals, which amount is subject to the "(M)"18
notation as defined in the annual general appropriation act for the same19
fiscal year; and20
(e) $18,564 for children's basic health plan medical and dental21
costs.22
(2) For the 2022-23 state fiscal year, the general assembly23
anticipates that the department of health care policy and financing will24
receive $885,480 in federal funds. The appropriation in subsection (1) of25
this section is based on the assumption that the office will receive this26
amount of federal funds to be used as follows:27
1289
-29- (a) $181,587 for use by the executive director's office for personal1
services, which amount is subject to the "(I)" notation as defined in the2
annual general appropriation act for the same fiscal year;3
(b) $20,848 for use by the executive director's office for operating4
expenses, which amount is subject to the "(I)" notation as defined in the5
annual general appropriation act for the same fiscal year;6
(c) $487,500 for general professional services and special7
projects, which amount is subject to the "(I)" notation as defined in the8
annual general appropriation act for the same fiscal year;9
(d) $161,069 for medical and long-term care services for10
Medicaid eligible individuals; and11
(e) $34,476 for children's basic health plan medical and dental12
costs.13
(3) For the 2022-23 state fiscal year, $423,626 is appropriated to14
the department of public health and environment for use by the center for15
health and environmental information. This appropriation is from the16
general fund and is based on an assumption that the center will require an17
additional 2.5 FTE. To implement this act, the center may use this18
appropriation for health statistics and vital records for health surveys.19
SECTION 24. Safety clause. The general assembly hereby finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety.22
1289
-30-