HOUSE BILL 22-1289
BY REPRESENTATIVE(S) Gonzales-Gutierrez and McCluskie, Amabile,
Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran,
Esgar, Exum, Froelich, Herod, Hooton, Jodeh, Kennedy, Kipp, Lontine,
Michaelson Jenet, Mullica, Ortiz, Ricks, Roberts, Sirota, Snyder, Titone,
Valdez A., Weissman, Woodrow, Young, Daugherty, Lindsay, McCormick,
Valdez D.;
also SENATOR(S) Moreno and Fields, Bridges, Buckner, Danielson,
Donovan, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Lee,
Pettersen, Priola, Rodriguez, Story, Winter, Zenzinger.
C
ONCERNING IMPROVING ACCESS TO HEALTH BENEFITS FOR ECONOMICALLY
INSECURE
COLORADO FAMILIES BY ENHANCING PUBLIC HEALTH
PROGRAMS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Health insurance coverage is an important social determinant of
health because it provides both access to the health-care system and
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. financial security. Access to quality prenatal care is one of the most
important determinants of birth outcomes and a primary strategy to reduce
infant and maternal mortality.
(b) The stress and challenges of pregnancy and parenting with
limited financial resources are contributing factors to a high rate of
depression. One in four low-income pregnant or postpartum individuals
experience depression in a given year.
(c) Insurance coverage improves health status and mental health,
while decreasing infant, child, and adult mortality rates. Medicaid and the
children's health insurance program (CHIP) are key supports for pregnant
people and new parents, as well as their children in the critical early years
of life.
(d) Research shows that medicaid coverage for children and
pregnant people is associated with improved health and well-being.
Children born to medicaid-covered or otherwise insured parents are more
likely to be born at a healthier birth weight and are at lower risk of infant
mortality than babies born to people who are uninsured. Medicaid and other
insurance coverage of pregnant people is also associated with a greater
likelihood of children finishing high school and college and having higher
incomes as adults.
(e) When parents have health insurance, their children are more
likely to be insured;
(f) In Colorado, Hispanic and Latina individuals of reproductive age
are three times more likely to be uninsured compared to their non-Hispanic
peers. Research indicates that chronic stress associated with being a racial
or ethnic minority in the United States is largely responsible for higher
preterm birth rates and constitutes an independent risk factor for preterm
delivery.
(g) Approximately twenty-four percent of all pregnancy-related
deaths occur between forty-three to three hundred sixty-five days after a
pregnancy ends. There is growing evidence that providing insurance
coverage for at least one year of postpartum care can reduce preventable
maternal deaths, particularly among Black persons and immigrant
populations. Expanding access to prenatal and postpartum care will
PAGE 2-HOUSE BILL 22-1289 decrease racial disparities in maternal and infant mortality.
(h) Prenatal care is cost effective. Studies have found that providing
prenatal care for low-income persons avoids costly infant complications and
infant death.
(2) The general assembly further finds that:
(a) All Colorado children deserve access to preventive and
life-saving health care. In Colorado, fourteen percent of uninsured children
are ineligible for medicaid or the children's basic health plan because of
their immigration status. Health insurance coverage is linked to improved
access to health-care services and increased use of preventive services.
(b) Without expansion of health-care coverage, immigrant parents
with children who are ineligible for coverage are more likely to put off
seeking critical treatment until it is an emergency. Educational success,
physical health, emotional support, and family strength are inseparable.
(c) The COVID-19 pandemic has disproportionately harmed
immigrant communities across the state, exposing the dual impacts of
racism and xenophobia on access to health care. Ineligibility for health-care
coverage has led many immigrants to forgo COVID-19 testing and
treatment, despite both being free.
(d) As Colorado seeks to address these inequities to build a more
inclusive state, it is essential to expand coverage to the communities that
have been most impacted and vulnerable before, during, and well after the
COVID-19 health crisis; and
(e) Expanding health-care coverage to all children, pregnant and
postpartum persons, regardless of immigration status, is fundamental to
ensuring health equity in Colorado, allowing all parents and children to
thrive.
SECTION 2. In Colorado Revised Statutes, 10-16-1205, add
(2)(d)(III) as follows:
10-16-1205. Health insurance affordability fee - special
assessment on hospitals - allocation of revenues.
PAGE 3-HOUSE BILL 22-1289 (2) (d) (III) NOTWITHSTANDING SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF
THIS SECTION
, IF THE APPROVAL OF THE DEMONSTRATION WAIVER RECEIVED
PURSUANT TO SECTION
25.5-4-503 (2) SETS CONDITIONS ON THE USE OF THE
MONEY RECEIVED
, THE ENTERPRISE SHALL ALLOCATE THE MONEY RECEIVED
PURSUANT TO SECTION
25.5-4-503 (2) AS SET FORTH IN THE APPROVAL. IF
THE APPROVAL DOES NOT SET CONDITIONS ON THE USE OF MONEY RECEIVED
,
THE ENTERPRISE SHALL ALLOCATE THE MONEY IN THE MANNER SET FORTH
IN SUBSECTIONS
(2)(d)(I) AND (2)(d)(II) OF THIS SECTION.
SECTION 3. In Colorado Revised Statutes, 10-16-1206, amend
(1)(e) and (1)(f); and add (1)(g) as follows:
10-16-1206. Health insurance affordability cash fund - creation.
(1) There is hereby created in the state treasury the health insurance
affordability cash fund. The fund consists of:
(e) Money that may be allocated to the fund pursuant to section
10-16-1308; and
(f) All interest and income derived from the deposit and investment
of money in the fund;
AND
(g) THE FEDERAL SHARE OF THE MEDICAL ASSISTANCE PAYMENTS
RECEIVED PURSUANT TO SECTION
25.5-4-503 (2).
SECTION 4. In Colorado Revised Statutes, 10-16-105.7, add
(3)(a)(II)(H) as follows:
10-16-105.7. Health benefit plan open enrollment periods -
special enrollment periods - rules. (3) (a) (II) A triggering event occurs
when:
(H) B
EGINNING JANUARY 1, 2024, AN INDIVIDUAL WHO DOES NOT
HAVE EXISTING CREDITABLE COVERAGE RECEIVES CERTIFICATION FROM A
HEALTH
-CARE PROVIDER ACTING WITHIN THE PROVIDER 'S SCOPE OF
PRACTICE THAT THE INDIVIDUAL IS PREGNANT
. COVERAGE IS DEEMED
EFFECTIVE AS OF THE FIRST MONTH IN WHICH THE INDIVIDUAL RECEIVES
CERTIFICATION OF THE PREGNANCY
, UNLESS THE INDIVIDUAL ELECTS TO
HAVE COVERAGE EFFECTIVE ON THE FIRST DAY OF THE MONTH FOLLOWING
THE DATE THAT THE INDIVIDUAL MAKES A PLAN SELECTION
. ANY PERSON OR
PAGE 4-HOUSE BILL 22-1289 ENTITY ENROLLING AN INDIVIDUAL IN COVERAGE PURSUANT TO THIS SPECIAL
ENROLLMENT PERIOD SHALL PROVIDE A NOTICE
, DEVELOPED BY THE
DEPARTMENT THROUGH A STAKEHOLDER PROCESS
, TO THE INDIVIDUAL
REGARDING THE INDIVIDUAL
'S OPTION TO BEGIN COVERAGE EITHER
PROSPECTIVELY OR RETROACTIVELY AND THE FINANCIAL AND TAX
IMPLICATIONS OF THOSE OPTIONS
. THE NOTICE MUST BE IN, AT A MINIMUM,
E
NGLISH AND SPANISH.
SECTION 5. In Colorado Revised Statutes, 10-16-1207, repeal
(4)(c)(IV)(A); and add (4)(c.5) as follows:
10-16-1207. Health insurance affordability board - creation -
membership - powers and duties - subject to open meetings and public
records laws - commissioner rules. (4) The board is authorized to:
(c) Recommend, for approval and establishment by the
commissioner by rule:
(IV) The parameters for implementing the subsidies for
state-subsidized individual health coverage plans authorized by this part 12,
including:
(A) The coverage required under state-subsidized individual health
coverage plans, which coverage must maximize affordability for qualified
individuals and must include coverage for the lowest income group, as
determined by the board, that has no premium and provides benefits
actuarially equivalent to ninety percent of the full actuarial value of the
benefits provided under the plan; and
(c.5) FURTHER RECOMMEND , FOR APPROVAL AND ESTABLISHMENT
BY THE COMMISSIONER BY RULE
, ADDITIONAL PARAMETERS FOR
IMPLEMENTING THE SUBSIDIES FOR STATE
-SUBSIDIZED INDIVIDUAL HEALTH
COVERAGE PLANS AUTHORIZED BY THIS PART
12, INCLUDING THAT THE
COVERAGE REQUIRED PURSUANT TO STATE
-SUBSIDIZED INDIVIDUAL HEALTH
COVERAGE PLANS MUST
:
(I) M
AXIMIZE AFFORDABILITY FOR QUALIFIED INDIVIDUALS ;
(II) C
OVER BENEFITS EQUIVALENT TO THOSE IN A QUALIFIED HEALTH
PLAN
; AND
PAGE 5-HOUSE BILL 22-1289 (III) FOR A PERSON WHO, AT THE TIME THE PERSON APPLIES FOR
STATE
-SUBSIDIZED COVERAGE, MEETS THE INCOME REQUIREMENTS TO
QUALIFY FOR EMERGENCY MEDICAL ASSISTANCE PURS UANT TO SECTION
25.5-5-103 AND WHO IS A QUALIFIED I NDIVIDUAL WHO MEETS THE
ELIGIBILITY CRITERIA ESTABLISHED IN RULE PURSUANT TO SUBSECTION
(4)(c)(IV) OF THIS SECTION, INCLUDE COVERAGE THAT:
(A) H
AS NO PREMIUM;
(B) H
AS AN ACTUARIAL VALUE OF NOT LESS THAN NINETY -FOUR
PERCENT
; AND
(C) TO THE EXTENT POSSIBLE WITH AVAILABLE FUNDING , INCLUDES
COST SHARING THAT IS FURTHER REDUCED FROM SUBSECTION
(4)(c.5)(III)(B) OF THIS SECTION SUCH THAT THE PLAN HAS CONSUMER COST
SHARING RESPONSIBILITIES FOR EMERGENCY SERVICES EQUIVALENT TO COST
SHARING RESPONSIBILITIES FOR EMERGENCY MEDICAL ASSISTANCE
PURSUANT TO SECTION
25.5-5-103.
SECTION 6. In Colorado Revised Statutes, 24-75-109, add (1)(a.7)
and (1)(a.8) as follows:
24-75-109. Controller may allow expenditures in excess of
appropriations - limitations - appropriations for subsequent fiscal year
restricted - repeal. (1) For the purpose of closing the state's books, and
subject to the provisions of this section, the controller may, on or after May
1 of any fiscal year and before the forty-fifth day after the close thereof,
upon approval of the governor, allow any department, institution, or agency
of the state, including any institution of higher education, to make an
expenditure in excess of the amount authorized by an item of appropriation
for such fiscal year if:
(a.7) T
HE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH
CARE POLICY AND FINANCING FOR THE STATE MEDICAL ASSISTANCE
PROGRAM
, ESTABLISHED PURSUANT TO SECTION 25.5-2-104; OR
(a.8) THE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH
CARE POLICY AND FINANCING FOR THE STATE CHILDREN
'S BASIC HEALTH
PLAN
, ESTABLISHED PURSUANT TO SECTION 25.5-2-105; OR
PAGE 6-HOUSE BILL 22-1289 SECTION 7. In Colorado Revised Statutes, 25-1.5-101, add (1)(cc)
as follows:
25-1.5-101. Powers and duties of department - laboratory cash
fund - report - dispensation of payments under contracts with grantees
- definitions - repeal. (1) The department has, in addition to all other
powers and duties imposed upon it by law, the powers and duties provided
in this section as follows:
(cc) T
O CARRY OUT THE HEALTH SURVEY FOR BIRTHING PARENTS
AND REPORTING REQUIREMENTS SET FORTH IN PART
7 OF THIS ARTICLE 1.5.
SECTION 8. In Colorado Revised Statutes, add part 7 to article 1.5
of title 25 as follows:
PART 7
HEALTH SURVEY FOR BIRTHING PARENTS
25-1.5-701. Health survey for birthing parents. (1) B
EGINNING
JULY 1, 2022, THE DEPARTMENT SHALL BEGIN DEVELOPING A METHODOLOGY
AND BUILDING A HEALTH SURVEY FOR BIRTHING PARENTS
, REFERRED TO IN
THIS SECTION AS THE
"SURVEY", TO GIVE PEOPLE WHO HAVE GIVEN BIRTH
THE OPPORTUNITY TO SHARE OPINIONS AND EXPERIENCES DURING THE FIRST
FEW YEARS OF THEIR BABIES
' LIVES. THE PURPOSE OF THE SURVEY IS TO
INFORM
COLORADO POLICIES AND PROGRAMS DESIGNED TO ADVANCE
HEALTH EQUITY
. AS PART OF THE SURVEY, THE DEPARTMENT SHALL:
(a) I
NVITE A STATEWIDE COHORT OF PEOPLE WHO HAVE RECENTLY
GIVEN BIRTH TO JOIN THE SURVEY
;
(b) A
NNUALLY AND UP UNTIL A SURVEY PARTICIPANT 'S CHILD'S
THIRD BIRTHDAY
, PROVIDE TO EACH PARTICIPANT AT LEAST TWO BRIEF
ONLINE QUESTIONNAIRES ON A VARIETY OF HEALTH AND SOCIAL TOPICS
,
INCLUDING:
(I) H
OW THE PARTICIPANT FEELS PHYSICALLY AND EMOTIONALLY
AFTER HAVING GIVEN BIRTH
;
(II) T
HE PARTICIPANT'S MENTAL HEALTH AND SUBSTANCE USE
BEFORE
, DURING, AND AFTER PREGNANCY;
PAGE 7-HOUSE BILL 22-1289 (III) THE PARTICIPANT'S OPINIONS ON CHILDHOOD VACCINATIONS
AND OTHER IMPORTANT HEALTH DECISIONS
;
(IV) T
HE PARTICIPANT'S ABILITY TO TAKE LEAVE FROM WORK ;
(V) T
HE PARTICIPANT'S ABILITY TO FEED THE PARTICIPANT'S BABY
IN THE PARTICIPANT
'S PREFERRED WAY;
(VI) T
HE PARTICIPANT'S EXPERIENCES WITH DOCTORS AND OTHER
HEALTH
-CARE WORKERS DURING AND AFTER PREGNANCY , INCLUDING ANY
EXPERIENCES OF DISCRIMINATION
; AND
(VII) THE PARTICIPANT'S FAMILY'S ACCESS TO HEALTH CARE AND
HEALTH SERVICES
, INCLUDING BEHAVIORAL HEALTH SERVICES AND ORAL
HEALTH SERVICES
, AND OTHER RESOURCES NECESSARY FOR THE FAMILY TO
BE HAPPY AND HEALTHY
.
(2) T
HE SURVEY MUST BE DESIGNED TO OVERSAMPLE MEMBERS OF
GROUPS THAT COMPRISE A SMALL PERCENTAGE OF THE POPULATION AND
THAT DISPROPORTIONATELY EXPERIENCE HEALTH INEQUITIES
, INCLUDING
AFRICAN AMERICANS AND NATIVE AMERICANS, SO THAT DATA ABOUT THE
EXPERIENCES OF THESE POPULATIONS CAN BE MADE PUBLIC
. PARTICIPANT
DATA ABOUT RACE
, ETHNICITY, SEXUAL ORIENTATION , AND GENDER
IDENTITY MUST BE COLLECTED AND REPORTED IN A MANNER THAT PROTECTS
PERSONALLY IDENTIFYING INFORMATION
.
SECTION 9. In Colorado Revised Statutes, 25.5-2-103, amend
(1)(b) as follows:
25.5-2-103. Reproductive health-care program - report - rules
- definitions. (1) As used in this section, unless the context otherwise
requires:
(b) "Eligible individual" means an individual with reproductive
capacity, regardless of gender, citizenship, or immigration status,
who
would be eligible to enroll in the medical assistance program, except that
the individual is not a citizen of the United States and is not considered an
eligible noncitizen pursuant to 8 U.S.C. secs. 1611 and 1612 and section
25.5-5-101 (2)(b) AS DESCRIBED IN SECTION 25.5-4-103 (13) BUT IS NOT
ELIGIBLE DUE SOLELY TO THE INDIVIDUAL
'S IMMIGRATION STATUS, AND WHO
PAGE 8-HOUSE BILL 22-1289 IS NOT ELIGIBLE FOR, OR DECLINES TO ENROLL IN , STATE MEDICAL
ASSISTANCE
, AS DESCRIBED IN SECTION 25.5-2-104.
SECTION 10. In Colorado Revised Statutes, add 25.5-2-104 and
25.5-2-105 as follows:
25.5-2-104. State-funded health and medical care. (1) B
EGINNING
NO LATER THAN
JANUARY 1, 2025, THERE IS CREATED THE STATE MEDICAL
ASSISTANCE PROGRAM REFERRED TO IN THIS SECTION AS
"STATE MEDICAL
ASSISTANCE
". STATE MEDICAL ASSISTANCE INCLUDES ALL BENEFITS AND
SERVICES AT THE SAME COST TO THE BENEFICIARY AS ARE OFFERED
PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM DEFINED IN SECTION
25.5-4-103 (13), SUCH THAT, TO THE MAXIMUM EXTENT POSSIBLE, ELIGIBLE
INDIVIDUALS MUST NOT BE ABLE TO TELL THAT THE PERSON IS ENROLLED IN
A DIFFERENT PROGRAM FROM MEDICAL ASSISTANCE PURSUANT TO SECTION
25.5-4-103 (13).
(2) A
CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS ELIGIBLE
TO RECEIVE STATE MEDICAL ASSISTANCE IF THE CHILD WOULD BE ELIGIBLE
FOR MEDICAL ASSISTANCE AS DEFINED IN SECTION
25.5-4-103 (13) BUT IS
NOT ELIGIBLE DUE SOLELY TO THE CHILD
'S IMMIGRATION STATUS.
(3) A
CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS
PRESUMPTIVELY ELIGIBLE FOR STATE MEDICAL ASSISTANCE AND WILL
RECEIVE SERVICES SPECIFIED BY STATE LAW ONLY IF A PARENT OR LEGAL
GUARDIAN OF THE CHILD DECLARES ALL PERTINENT INFORMATION RELATING
TO THE CRITERIA OF INCOME AND ASSETS OF THE CHILD
'S FAMILY.
(4) S
TATE MEDICAL ASSISTANCE MUST BE FUNDED BY STATE FUNDS
ONLY
, EXCEPT TO THE EXTENT FEDERAL FUNDS ARE MADE AVAILABLE
THROUGH EXPRESS WRITTEN AUTHORIZATION THR OUGH A FEDERAL WAIVER
,
STATE PLAN AMENDMENT , OR OTHERWISE, BY THE CENTERS FOR MEDICARE
AND MEDICAID SERVICES
.
(5) T
HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FI NANCIAL
PARTICIPATION IN IMPLEMENTING THIS SECTION
.
(6) T
O THE MAXIMUM EXTENT ALLOWABLE UNDER FEDERAL LAW ,
THE STATE DEPARTMENT SHALL , USING APPROPRIATE FUNDING, USE THE
PAGE 9-HOUSE BILL 22-1289 SAME INFRASTRUCTURE AND PROVIDER NETWORK TO DELIVER STATE
MEDICAL ASSISTANCE AS IT DOES TO DELIVER MEDICAL ASSISTANCE AS
DEFINED IN SECTION
25.5-4-103 (13).
(7) T
HIS SECTION CONSTITUTES STATE AUTHORITY WITHIN THE
MEANING OF
8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON JANUARY 1,
2022.
(8) (a) D
URING ITS 2024 PRESENTATION TO THE JOINT BUDGET
COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE
HEALTH AND HUMAN SERVICES COMMI TTEE OF THE SENATE AND THE HEALTH
AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
, OR ANY
SUCCESSOR COMMITTEES
, AT THE HEARING HELD PURSUANT TO SECTION
2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", THE STATE
DEPARTMENT SHALL REPORT ON ITS PLANS AND PROGRESS IN IMPLEMENTING
STATE MEDICAL ASSISTANCE
.
(b) B
EGINNING JANUARY 1, 2026, AND CONTINUING EVERY JANUARY
THEREAFTER
, THE STATE DEPARTMENT, IN ITS PRESENTATION TO THE JOINT
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION
TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
,
OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO
SECTION
2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", SHALL
REPORT ON THE COST SAVINGS AND HEALTH IMPROVEMENTS ASSOCIATED
WITH STATE MEDICAL ASSISTANCE
.
25.5-2-105. State children's basic health plan. (1) B
EGINNING NO
LATER THAN
JANUARY 1, 2025, THERE IS CREATED THE STATE CHILDREN 'S
BASIC HEALTH PLAN
. THE STATE CHILDREN'S BASIC HEALTH PLAN INCLUDES
ALL BENEFITS AND SERVICES
, AT THE SAME COST TO THE BENEFICIARY, AS
ARE OFFERED PURSUANT TO THE CHILDREN
'S BASIC HEALTH PLAN IN SECTION
25.5-8-107, SUCH THAT, TO THE MAXIMUM EXTENT POSSIBLE , ELIGIBLE
INDIVIDUALS MUST NOT BE ABLE TO TELL THAT THEY ARE ENROLLED IN A
DIFFERENT PROGRAM FROM THE PLAN DESCRIBED IN SECTION
25.5-8-107.
(2) A
CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS ELIGIBLE
TO RECEIVE THE STATE CHILDREN
'S BASIC HEALTH PLAN IF THE CHILD WOULD
PAGE 10-HOUSE BILL 22-1289 BE ELIGIBLE FOR THE CHILDREN'S BASIC HEALTH PLAN AS DESCRIBED IN
25.5-8-107, BUT IS NOT ELIGIBLE DUE SOLELY TO THE CHILD'S IMMIGRATION
STATUS
.
(3) A
CHILD WHO LESS THAN NI NETEEN YEARS OF AGE IS
PRESUMPTIVELY ELIGIBLE FOR THE STATE CHILDREN
'S BASIC HEALTH PLAN
AND WILL RECEIVE SERVICES SPECIFIED BY STATE LAW ONLY IF A PARENT OR
LEGAL GUARDIAN OF THE CHILD DECLARES ALL PERTINENT INFORMATION
RELATING TO THE CRITERIA OF INCOME AND ASSETS OF THE CHILD
'S FAMILY.
(4) T
HE STATE CHILDREN'S BASIC HEALTH PLAN MUST BE FUNDED BY
STATE FUNDS ONLY
, EXCEPT TO THE EXTENT FEDERAL FUNDS ARE MADE
AVAILABLE THROUGH EXPRESS WRITTEN AUTHORIZATION THROUGH A
FEDERAL WAIVER
, STATE PLAN AMENDMENT , OR OTHERWISE, BY THE
CENTERS FOR MEDICARE AND MEDICAID SERVICES
.
(5) T
HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL
PARTICIPATION IN IMPLEMENTING THIS SECTION
.
(6) T
O THE MAXIMUM EXTENT ALLOWABLE UNDER FEDERAL LAW ,
THE STATE DEPARTMENT SHALL , USING APPROPRIATE FUNDING, USE THE
SAME INFRASTRUCTURE AND PROVIDER NETWORK TO DELIVER THE STATE
'S
CHILDREN
'S BASIC HEALTH PLAN AS IT DOES TO DELIVER THE CHILDREN 'S
BASIC HEALTH PLAN DESCRIBED IN SECTION
25.5-8-107.
(7) T
HIS SECTION CONSTITUTES STATE AUTHORITY WITHIN THE
MEANING OF
8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON JANUARY 1,
2022.
(8) (a) D
URING ITS 2024 PRESENTATION TO THE JOINT BUDGET
COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE
HEALTH AND HUMAN SERVICES COMMI TTEE OF THE SENATE AND THE HEALTH
AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
, OR ANY
SUCCESSOR COMMITTEES
, AT THE HEARING HELD PURSUANT TO SECTION
2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", THE STATE
DEPARTMENT SHALL REPORT ON ITS PLANS AND PROGRESS IN IMPLEMENTING
THE STATE BASIC HEALTH PLAN
.
PAGE 11-HOUSE BILL 22-1289 (b) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY JANUARY
THEREAFTER
, THE STATE DEPARTMENT, IN ITS PRESENTATION TO THE JOINT
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION
TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
,
OR ANY SUCCESSOR COMMI TTEES , AT THE HEARING HELD PURSUANT TO
SECTION
2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", SHALL
REPORT ON THE COST SAVINGS AND HEALTH IMPROVEMENTS ASSOCIATED
WITH THE STATE BASIC HEALTH PLAN
.
SECTION 11. In Colorado Revised Statutes, 25.5-4-103, amend
(10) as follows:
25.5-4-103. Definitions. As used in this article 4 and articles 5 and
6 of this title 25.5, unless the context otherwise requires:
(10) "Legal immigrant"
"LAWFULLY RESIDING" means an individual
who is not a citizen or national of the United States and who was lawfully
admitted to the United States by the immigration and naturalization service,
or any successor agency, as an actual or prospective permanent resident or
whose extended physical presence in the United States is known to and
allowed by the immigration and naturalization service, or any successor
agency.
SECTION 12. In Colorado Revised Statutes, 25.5-4-201, amend
(1) as follows:
25.5-4-201. Cash system of accounting - financial administration
of medical services premiums - medical programs administered by
department of human services - federal contributions - rules. (1) The
state department shall utilize the cash system of accounting, as enunciated
by the governmental accounting standards board, regardless of the source
of revenues involved, for all activities of the state department relating to the
financial administration of any nonadministrative expenditure that qualifies
for federal financial participation under Title XIX of the federal "Social
Security Act",
AND FOR THE ADMINISTRATION OF THE STATE -FUNDED
HEALTH AND MEDICAL CARE PROGRAM
, CREATED PURSUANT TO SECTION
25.5-2-104, AND FOR THE STATE CHILDREN'S BASIC HEALTH PLAN, CREATED
PURSUANT TO SECTION
25.5-2-105, except for expenditures under the
PAGE 12-HOUSE BILL 22-1289 program for the medically indigent, article 3 of this title TITLE 25.5.
SECTION 13. In Colorado Revised Statutes, 25.5-4-301, amend
(13) as follows:
25.5-4-301. Recoveries - overpayments - penalties - interest -
adjustments - liens - review or audit procedures. (13) To the extent
allowable under federal law, the state department shall recover from a legal
immigrant's THE sponsor OF A LAWFULLY RESIDING INDIVIDUAL all medical
assistance paid on behalf of a THE sponsored legal immigrant LAWFULLY
RESIDING INDIVIDUAL
who is enrolled in the medical assistance program.
SECTION 14. In Colorado Revised Statutes, amend 25.5-4-503 as
follows:
25.5-4-503. Waiver applications - authorization. (1) The state
department is authorized to apply for health insurance flexibility and
accountability waivers that will enable the state to add more flexibility to
Colorado's medicaid program and that will result in a cost-effective method
of providing health-care services to Coloradans.
(2) T
HE STATE DEPARTMENT SHALL PURSUE AND , IF APPROVED,
IMPLEMENT A DEMONSTRATION WAIVER THAT AUTHORIZES THE STATE TO
USE FEDERAL MEDICAL ASSISTANCE PAYMENTS AUTHORIZED PURSUANT TO
SECTION
1903(v) OF THE FEDERAL "SOCIAL SECURITY ACT", AS AMENDED,
IN COORDINATION WITH THE DIVISION OF INSURANCE TO ENHANCE OR
EXPAND A STATE
-SUBSIDIZED INDIVIDUAL HEALTH COVERAGE PLAN AS
DEFINED IN SECTION
10-16-1203 (15) AND, ONLY IF NEEDED TO MAXIMIZE
FEDERAL FINANCIAL PARTICIPATION
, FOR COLORADANS RECEIVING STATE
MEDICAL ASSISTANCE PURSUANT TO SECTION
25.5-2-104 OR 25.5-5-201 (6).
T
O THE EXTENT SUCH FEDERAL FUNDS ARE USED TO ENHANCE OR EXPAND
A STATE
-SUBSIDIZED INDIVIDUAL HEALTH COVERAGE PLAN , AS DEFINED IN
SECTION
10-16-1203 (15), THE HEALTH INSURANCE AFFORDABILITY
ENTERPRISE CREATED PURSUANT TO SECTION
10-16-1204 MUST RECEIVE,
DEPOSIT INTO THE HEALTH INSURANCE AFFORDABILITY CASH FUND CREATED
IN SECTION
10-16-1206, AND ALLOCATE THE FEDERAL SHARE OF THE
MEDICAL ASSISTANCE PAYMENTS PURSUANT TO SECTION
10-16-1205 (2),
SUBJECT TO ANY CONDITIONS SET FORTH IN THE APPROVAL OF THE WAIVER .
SECTION 15. In Colorado Revised Statutes, 25.5-5-101, amend
PAGE 13-HOUSE BILL 22-1289 (3) as follows:
25.5-5-101. Mandatory provisions - eligible groups.
(3) Notwithstanding any other provision of this article and articles 4 and 6
of this title TITLE 25.5, as a condition of eligibility for medical assistance
under this article ARTICLE 5 and articles 4 and 6 of this title TITLE 25.5, a
legal immigrant PERSON WHO IS LAWFULLY RESIDING IN THE STATE shall
agree to refrain from executing an affidavit of support for the purpose of
sponsoring an alien on or after July 1, 1997, under rules promulgated by the
immigration and naturalization service, or any successor agency, during the
pendency of such legal immigrant's
THE LAWFULLY RESIDING PERSON 'S
receipt of medical assistance. Nothing in this subsection (3) shall be
construed to affect a legal immigrant's AFFECTS A LAWFULLY RESIDING
PERSON
'S eligibility for medical assistance under this article
PURSUANT TO
THIS ARTICLE
5 and articles 4 and 6 of this title
TITLE 25.5 based upon such
legal immigrant's THE LAWFULLY RESIDING PERSON'S responsibilities under
an affidavit of support entered into before July 1, 1997.
SECTION 16. In Colorado Revised Statutes, 25.5-5-201, amend
(3), (4), and (4.5)(a); and add (6) as follows:
25.5-5-201. Optional provisions - optional groups. (3) A legal
immigrant LAWFULLY RESIDING PERSON who is receiving medicaid nursing
facility care or home- and community-based services on July 1, 1997, shall
MUST continue to receive such services as long as he or she THE PERSON
meets the eligibility requirements other than citizen status. State general funds may be used to reimburse such care in the event that federal financial participation is not available.
(4) A pregnant legal immigrant shall be
PERSON WHO IS LAWFULLY
RESIDING IS
eligible to receive prenatal and medical services for labor anddelivery as long as she MEDICAL ASSISTANCE AS LONG AS THE INDIVIDUAL
meets eligibility requirements other than THOSE RELATED TO citizen OR
IMMIGRATION
status. State general funds may be used to reimburse such
care in the event that federal financial participation is not available.
(4.5) (a) Subject to the receipt of federal financial participation, to
the maximum extent allowed under federal law, a person who was eligible
for all pregnancy-related and postpartum services under
the medical
assistance program for the sixty days following the pregnancy remains
PAGE 14-HOUSE BILL 22-1289 continuously eligible for all services under the medical assistance program
for the twelve-month postpartum period.
(6) (a) B
EGINNING NO LATER THAN JANUARY 1, 2025, A PREGNANT
PERSON WHO IS NOT A CITIZEN AND WHO IS NOT ELIGIBLE FOR MEDICAL
ASSISTANCE PURSUANT TO SUBSECTION
(4) OF THIS SECTION IS ELIGIBLE TO
RECEIVE MEDICAL ASSISTANCE PURSUANT TO THIS SUBSECTION
(6)(a) IF THE
INDIVIDUAL MEETS THE ELIGIBILIT Y REQUIREMENTS OT HER THAN THOSE
RELATED TO CITIZENSHIP AND IMMIGRATION STATUS
.
(b) A
PREGNANT PERSON WHO IS ELIGIBLE FOR MEDICAL ASSISTANCE
PURSUANT TO THIS SUBSECTION
(6) REMAINS CONTINUOUSLY ELIGIBLE FOR
ALL MEDICAL SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM
FOR THE TWELVE
-MONTH POSTPARTUM PERIOD , SO LONG AS ELIGIBILITY
REMAINS IN EFFECT PURSUANT TO SUBSECTION
(4.5)(a) OF THIS SECTION.
(c) T
HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL
PARTICIPATION IN IMPLEMENTING THIS SUBSECTION
(6). BENEFITS FOR
SERVICES OBTAINED PURSUANT TO THIS SUBSECTION
(6) MUST BE PROVIDED
WITH ONLY STATE FUNDS IF FEDERAL FI NANCIAL PARTICIPATION IS
UNAVAILABLE FOR SUCH SERVICES
.
(d) (I) D
URING ITS 2024 PRESENTATION TO THE JOINT BUDGET
COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE
HEALTH AND HUMAN SERVICES COMMI TTEE OF THE SENATE AND THE HEALTH
AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
, OR ANY
SUCCESSOR COMMITTEES
, AT THE HEARING HELD PURSUANT TO SECTION
2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", THE STATE
DEPARTMENT SHALL REPORT ON ITS PLANS AND PROGRESS IN IMPLEMENTING
THE COVERAGE EXPANSION CREATED PURSUANT TO THIS SUBSECTION
(6).
(II) B
EGINNING JANUARY 1, 2026, AND CONTINUING EVERY JANUARY
THEREAFTER
, THE STATE DEPARTMENT, IN ITS PRESENTATION TO THE JOINT
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION
TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
,
OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO
SECTION
2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
PAGE 15-HOUSE BILL 22-1289 RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", SHALL
REPORT ON THE COST SAVINGS AND HEALTH IMPROVEMENTS ASSOCIATED
WITH THE COVERAGE EXPANSION CREATED PURSUANT TO THIS SUBSECTION
(6).
SECTION 17. In Colorado Revised Statutes, 25.5-5-202, add (1)(y)
as follows:
25.5-5-202. Basic services for the categorically needy - optional
services. (1) Subject to the provisions of subsection (2) of this section, the
following are services for which federal financial participation is available
and that Colorado has selected to provide as optional services under the
medical assistance program:
(y) F
OR ANY PERINATAL PERSON , COMPREHENSIVE LACTATION
SUPPORT SERVICES
, LACTATION SUPPLIES AND EQUIPMENT , AND
MAINTENANCE OF MULTI
-USER LOANED EQUIPMENT . AN INDIVIDUAL
TRAINED IN ADVANCED LACTATION SUPPORT SHALL PROVIDE THE LACTATION
SUPPORT SERVICES
. LACTATION EQUIPMENT MUST INCLUDE A SINGLE -USER
DOUBLE ELECTRIC BREAST PUMP
, PUMP PARTS AND PUMP COLLECTION KIT ,
AND ACCESS TO A LOANED MULTI-USER HOSPITAL GRADE ELECTRIC BREAST
PUMP ALONG WITH A COMPATIBLE INDIVIDUAL COLLECTION KIT
.
I
NDIVIDUALS MUST HAVE ACCESS TO SINGLE-USER LACTATION SUPPLIES AND
EQUIPMENT PRIOR TO DELIVERY
. ACCESS TO MULTI-USER LOANED BREAST
PUMPS SHALL BE AUTHORIZED BY A HEALTH
-CARE PROVIDER. ACCESS TO
MULTI
-USER LOANED BREAST PUMPS IS PRIORITIZED FOR INDIVIDUALS WITH
PREMATURE
, MEDICALLY FRAGILE, LOW BIRTH WEIGHT INFANTS, AND WITH
LACTATION COMPLICATIONS
. INDIVIDUALS CANNOT BE REQUIRED TO ENROLL
IN SEPARATE OR ADDITIONAL PROGRAMS IN ORDER TO RECEIVE COVERED
LACTATION EQUIPMENT OR LACTATION SUPPORT SERVICES
.
SECTION 18. In Colorado Revised Statutes, 25.5-5-204, amend
(2) and (2.5) as follows:
25.5-5-204. Presumptive eligibility - pregnant person - children
- long-term care - state plan. (2) (a) A pregnant woman shall be
PERSON
IS
presumptively eligible for the medical assistance program and shall
receive services specified by federal law only if the woman
PERSON declares
all pertinent information relating to the criteria of income, assets, and status
AND, ONLY IF NECESSARY TO ADMINISTER REIMBURSEMENT FOR SERVICES ,
PAGE 16-HOUSE BILL 22-1289 STATUS.
(b) A woman shall declare her immigration status unless the general
assembly provides funding for prenatal care services for undocumented
residents.
(2.5) A child under the age of eighteen years shall be LESS THAN
NINETEEN YEARS OF AGE IS
presumptively eligible for the medical assistance
program and shall receive services specified by federal law only if a parent
or legal guardian of the child declares all pertinent information relating to
the criteria of income, assets, and status
AND, ONLY IF NECESSARY TO
ADMINISTER REIMBURSEMENT FOR SERVICES
, STATUS of the child's family.
SECTION 19. In Colorado Revised Statutes, add 25.5-6-115 as
follows:
25.5-6-115. Notification of federal immigration consequences.
T
HE STATE DEPARTMENT SHALL CONSULT WITH STAKEHOLDERS , INCLUDING
PEOPLE WITH LIVED EXPERIENCE
, IMMIGRANTS RIGHTS ADVOCATES ,
HEALTH-CARE ADVOCATES, AND IMMIGRATION LAWYERS, TO PROVIDE CLEAR
AND ACCURATE INFORMATION AND REFERRALS REGARDING CURRENT PUBLIC
CHARGE POLICIES
.
SECTION 20. In Colorado Revised Statutes, 25.5-8-103, amend
(4)(a)(I) and (4)(b)(I) as follows:
25.5-8-103. Definitions. As used in this article 8, unless the context
otherwise requires:
(4) "Eligible person" means:
(a) (I) A person who is less than nineteen years of age,
WHO IS A
CITIZEN OR MEETS THE IMMIGRATION STATUS REQUIREMENTS SET FORTH IN
SECTION
25.5-8-109 (6) OR 25.5-8-109 (7), whose family income does not
exceed two hundred fifty percent of the federal poverty line, adjusted for
family size,
AND WHO IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT
TO ARTICLES
4, 5, AND 6 OF THIS TITLE 25.5.
(b) (I) A pregnant woman
PERSON WHO IS A CITIZEN OR MEETS THE
IMMIGRATION STATUS REQUIREMENTS SET FORTH IN SECTION
25.5-8-109 (6)
PAGE 17-HOUSE BILL 22-1289 OR 25.5-8-109 (7), whose family income does not exceed two hundred fifty
percent of the federal poverty line, adjusted for family size, and who is not
eligible for medicaid
MEDICAL ASSISTANCE PURSUANT TO ARTICLES 4, 5,
AND 6 OF THIS TITLE 25.5.
SECTION 21. In Colorado Revised Statutes, 25.5-8-107, repeal
(1)(b); and add (1)(a)(V) and (1)(i) as follows:
25.5-8-107. Duties of the department - schedule of services -
premiums - copayments - subsidies - purchase of childhood
immunizations. (1) In addition to any other duties pursuant to this article
8, the department has the following duties:
(a) (V) I
N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTIONS
(1)(a)(I), (1)(a)(II), AND (1)(a)(III) OF THIS SECTION, AND ANY ADDITIONAL
ITEMS APPROVED BY THE MEDICAL SERVICES BOARD
, THE MEDICAL SERVICES
BOARD SHALL INCLUDE
, FOR ALL PERINATAL PEOPLE , COMPREHENSIVE
LACTATION SUPPORT SERVICES
, LACTATION SUPPLIES AND EQUIPMENT, AND
MAINTENANCE OF MULTI
-USER LOANED EQUIPMENT . AN INDIVIDUAL
TRAINED IN ADVANCED LACTATION SUPPORT SHALL PROVIDE THE LACTATION
SUPPORT SERVICES
. LACTATION EQUIPMENT MUST INCLUDE A SINGLE -USER
DOUBLE ELECTRIC BREAST PUMP
, PUMP PARTS AND PUMP COLLECTION KIT ,
AND ACCESS TO A LOANED MULTI-USER HOSPITAL GRADE ELECTRIC BREAST
PUMP ALONG WITH A COMPATIBLE INDIVIDUAL COLLECTION KIT
.
I
NDIVIDUALS MUST HAVE ACCESS TO SINGLE-USER LACTATION SUPPLIES AND
EQUIPMENT PRIOR TO DELIVERY
. ACCESS TO MULTI-USER LOANED BREAST
PUMPS SHALL BE AUTHORIZED BY A HEALTH
-CARE PROVIDER. ACCESS TO
MULTI
-USER LOANED BREAST PUMPS IS PRIORITIZED FOR INDIVIDUALS WITH
PREMATURE
, MEDICALLY FRAGILE, LOW BIRTH WEIGHT INFANTS, AND WITH
LACTATION COMPLICATIONS
. INDIVIDUALS CANNOT BE REQUIRED TO ENROLL
IN SEPARATE OR ADDITIONAL PROGRAMS IN ORDER TO RECEIVE COVERED
LACTATION EQUIPMENT OR LACTATION SUPPORT SERVICES
.
(b) To design and implement a system of cost sharing with enrollees
using an annual enrollment fee that is based on a sliding fee scale. The
sliding fee scale shall be developed based on the enrollee's family income;
except that no enrollment fee shall be assessed against an enrollee whose
family income is at or below one hundred fifty percent of the federal
poverty line and no enrollment fee shall be assessed against an enrollee who
is a pregnant woman. As permitted by federal and state law, enrollees in the
PAGE 18-HOUSE BILL 22-1289 plan may use funds from a medical savings account to pay the annual
enrollment fee. On or before November 1 of each year, the department shall
submit for approval to the joint budget committee its annual proposal for
cost sharing for the plan based upon a family's income.
(i) (I) THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT AN
OUTREACH STRATEGY FOR
COLORADANS WHO BECOME ELIGIBLE FOR
HEALTH COVERAGE PURSUANT TO SECTION
25.5-2-104, 25.5-2-105,
25.5-5-201
(6), OR 25.5-8-109 (7). THE STATE DEPARTMENT SHALL WORK
WITH STAKEHOLDERS TO DEVELOP AN OUTREACH STRATEGY THAT INCLUDES
:
(A) F
UNDING FOR COMMUNITY-BASED ORGANIZATIONS TO PARTNER
WITH THE DEPARTMENT ON OUTREACH
;
(B) A
METHOD FOR PROVIDING INFORMATION RELATED TO
ELIGIBILITY AND ENROLLMENT THAT CAN BE PROVIDED TO NONPROFIT
PARTNERS
, SCHOOL DISTRICTS, AND CHARTER SCHOOLS FOR OUTREACH
PURPOSES
; AND
(C) AT A MINIMUM, PROVIDING INFORMATION RELATED TO
ELIGIBILITY AND COVERAGE IN
ENGLISH, SPANISH, AND IN EACH LANGUAGE
SPOKEN BY AT LEAST TWO
-AND-ONE-HALF PERCENT OF THE POPULATION OF
ANY COUNTY WHO SPEAK
ENGLISH LESS THAN VERY WELL, AS DEFINED BY
THE
UNITED STATES BUREAU OF THE CENSUS AMERICAN COMMUNITY
SURVEY
, AND WHO SPEAK THE MINORITY LANGUAGE AT HOME ;
(II) A
PPROXIMATELY TWELVE AND TWENTY -FOUR MONTHS AFTER
IMPLEMENTATION OF THE STRATEGY REQUIRED PURSUANT TO SUBSECTION
(1)(i)(I) OF THIS SECTION , THE DEPARTMENT SHALL CONVENE
STAKEHOLDERS
, INCLUDING DIRECTLY IMPACTED INDIVIDUALS , SERVICE
PROVIDERS
, AND ADVOCACY ORGANIZATIONS THAT ARE DIVERSE WITH
REGARD TO RACE
, ETHNICITY, IMMIGRATION STATUS, SEXUAL ORIENTATION,
AND GENDER IDENTITY AND WHO ARE AFFECTED BY HIGHER RATES OF
HEALTH DISPARITIES AND INEQUITIES
. THE DEPARTMENT SHALL REPORT ON
THE OUTREACH AND ENROLLMENT STRATEGY OUTCOMES
, INCLUDING
ENROLLMENT OF ELIGIBLE PERSONS INTO THESE PROGRAMS COMPARED TO
THOSE PERSONS WHO ARE ELIGIBLE FOR COVERAGE
, BUT NOT ENROLLED.
SECTION 22. In Colorado Revised Statutes, 25.5-8-109, amend
(5.5)(a) and (6); and add (7) as follows:
PAGE 19-HOUSE BILL 22-1289 25.5-8-109. Eligibility - children - pregnant women - repeal.
(5.5) (a) Subject to the receipt of federal financial participation, to the
maximum extent allowed under federal law, a person who was eligible for
the plan while pregnant and who remains eligible for all pregnancy-related
and postpartum services under the plan for the sixty days following the
pregnancy remains continuously eligible for all services under the plan for
the twelve-month postpartum period.
(6) (a) Notwithstanding any other provision of law, but subject to
the availability of sufficient appropriations and
the receipt of federal
financial participation, the department may SHALL provide benefits under
this article PURSUANT TO THIS ARTICLE 8 to a pregnant woman who is a
qualified alien PERSON WHO IS LAWFULLY RESIDING, AS DEFINED IN SECTION
25.5-4-103 (10), and a child under LESS THAN nineteen years of age, who is
a qualified alien WHO IS LAWFULLY RESIDING , so long as such woman
PREGNANT PERSON or child meets eligibility criteria other than citizenship
OTHER THAN THOSE RELATED TO CITIZENSHIP OR IMMIGRATION STATUS .
(7) (a) B
EGINNING NO LATER THAN JANUARY 1, 2025,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW , THE DEPARTMENT SHALL
PROVIDE BENEFITS PURSUANT TO THIS ARTICLE
8 TO A PREGNANT PERSON
WHO IS NOT A CITIZEN AND IS NOT ELIGIBLE PURSUANT TO SUBSECTION
(6)
OF THIS SECTION, SO LONG AS THE PREGNANT PERSON MEETS THE ELIGIBILITY
CRITERIA OTHER THAN THOSE RELATED TO CITIZENSHIP OR IMMIGRATION
STATUS
. ELIGIBILITY PURSUANT TO THIS SECTION EXTENDS CONTINUOUSLY
THROUGH THE TWELVE
-MONTH POSTPARTUM PERIOD , SO LONG AS
ELIGIBILITY REMAINS IN EFFECT PURSUANT TO SUBSECTION
(5.5)(a) OF THIS
SECTION
.
(b) T
HE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FI NANCIAL
PARTICIPATION IN IMPLEMENTING THIS SUBSECTION
(7).
(c) (I) D
URING ITS 2024 PRESENTATION TO THE JOINT BUDGET
COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE
HEALTH AND HUMAN SERVICES COMMI TTEE OF THE SENATE AND THE HEALTH
AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
, OR ANY
SUCCESSOR COMMITTEES
, AT THE HEARING HELD PURSUANT TO SECTION
2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", THE STATE
PAGE 20-HOUSE BILL 22-1289 DEPARTMENT SHALL REPORT ON ITS PLANS AND PROGRESS IN IMPLEMENTING
THE COVERAGE EXPANSION CREATED PURSUANT TO THIS SUBSECTION
(7).
(II) B
EGINNING JANUARY 1, 2026, AND CONTINUING EVERY JANUARY
THEREAFTER
, THE STATE DEPARTMENT, IN ITS PRESENTATION TO THE JOINT
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION
TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
,
OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO
SECTION
2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", SHALL
REPORT ON THE COST SAVINGS AND HEALTH IMPROVEMENTS ASSOCIATED
WITH THE COVERAGE EXPANSION CREATED PURSUANT TO THIS SUBSECTION
(7).
(d) T
HIS SUBSECTION (7) CONSTITUTES STATE AUTHORITY WITHIN
THE MEANING OF
8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON
JANUARY 1, 2022.
SECTION 23. In Colorado Revised Statutes, add 25.5-8-109.3 as
follows:
25.5-8-109.3. Health services initiatives. (1) T
O THE EXTENT
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE
, THE DEPARTMENT SHALL
DESIGN AND IMPLEMENT HEALTH SERVICE INITIATIVES PURSUANT TO
SECTION
2105(a)(1)(D)(ii) OF THE FEDERAL "SOCIAL SECURITY ACT", AS
AMENDED
, TO PROVIDE FUNDING FOR CONTINUOUS ENROLLMENT FOR THE
TWELVE
-MONTH POSTPARTUM PERIOD FOR A PERSON WHO IS ENROLLED IN
HEALTH
-CARE COVERAGE PURSUANT TO SECTION 25.5-5-201 (6) OR
25.5-8-109 (7).
(2) T
O THE EXTENT ADDITIONAL FEDERAL FINANCIAL PARTICIPATION
IS AVAILABLE
, THE DEPARTMENT SHALL ESTABLISH A STAKEHOLDER
PROCESS IN COLLABORATION WITH DEPARTMENT STAFF TO DETERMINE
ADDITIONAL PRIORITIES AND BUDGET ALLOCATIONS THAT DRAW DOWN AT
LEAST FIFTY PERCENT OF THE REMAINING HEALTH SERVICES INITIATIVE
FUNDS TO EXPAND ACCESS TO PERINATAL AND POSTPARTUM SUPPORTS
. THE
DEPARTMENT SHALL REPORT ON THE ESTABLISHED PRIORITIES AND BUDGET
ALLOCATIONS AND THE WAYS IN WHICH THEY ARE INCLUSIVE OF
STAKEHOLDER INPUT DURING THE DEPARTMENT
'S 2024 PRESENTATION TO
PAGE 21-HOUSE BILL 22-1289 THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN THE
DEPARTMENT
'S PRESENTATION TO THE HEALTH AND HUMAN SERVICES
COMMITTEE OF THE SENATE AND THE HEALTH AND INSURANCE COMMITTEE
OF THE HOUSE OF REPRESENTATIVES
, OR ANY SUCCESSOR COMMITTEES , AT
THE HEARING HELD PURSUANT TO SECTION
2-7-203 (2)(a) OF THE "STATE
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT". IN CONDUCTING THE STAKEHOLDER
PROCESS
, THE DEPARTMENT SHALL:
(a) E
NGAGE DIRECTLY WITH IMPACTED INDIVIDUALS , SERVICE
PROVIDERS
, ADVOCACY ORGANIZATIONS , AND INDIVIDUALS WORKING IN OR
REPRESENTING COMMUNITIES WHO ARE DIVERSE WITH REGARD TO RACE
,
ETHNICITY, IMMIGRATION STATUS, AGE, ABILITY, SEXUAL ORIENTATION,
GENDER IDENTITY, OR GEOGRAPHIC REGION OF THE STATE AND WHO ARE
AFFECTED BY HIGHER RATES OF HEALTH DISPARITIES AND INEQUITIES
;
(b) P
UBLICIZE, CONDUCT, AND REPORT OUTCOMES OF STAKEHOLDER
MEETINGS IN
, AT A MINIMUM, ENGLISH AND SPANISH;
(c) I
NCLUDE OPPORTUNITIES FOR PARTICIPATION IN THE
STAKEHOLDER PROCESS OUTSIDE OF REGULAR WORK HOURS
;
(d) C
ONDUCT A MINIMUM OF FIVE STAKEHOLDER MEETINGS AND
CONDUCT ADDITIONAL MEETINGS FOCUSED ON HEARING INPUT FROM
INDIVIDUAL CONSTITUENCIES LISTED IN SUBSECTION
(2)(a) OF THIS SECTION.
(e) T
AKE INTO CONSIDERATION RESEARCH AND INFORMATION FROM
REPORTS ISSUED BY THE MATERNAL MORTALITY REVIEW COMMITTEE
, AS
REQUIRED BY SECTION
25-52-104 (6);
(f) T
AKE INTO CONSIDERATION DATA FROM THE HEALTH SURVEY FOR
BIRTHING PARENTS TO INFORM STAKEHOLDER DECISION
-MAKING; AND
(g) CONSIDER INITIATIVES TO REDUCE DIAPER NEED, EXPAND ACCESS
TO GROUP
-BASED PRENATAL AND PEDIATRIC CARE MODELS , AND EXPAND
HOME VISITATION PROGRAMS
, INCLUDING VOLUNTARY NEWBORN NURSE
VISITATION PROGRAMS THAT ARE UNIVERSALLY OFFERED TO ALL FAMILIES
IN A GIVEN COMMUNITY AND PROVIDE AT LEAST ONE NURSE VISIT WITHIN
THE FIRST THREE MONTHS OF LIFE
.
PAGE 22-HOUSE BILL 22-1289 (3) (a) THE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
APPROVALS TO OBTAIN FEDERAL FI NANCIAL PARTICIPATION IN
IMPLEMENTING SUBSECTION
(1) OF THIS SECTION.
(b) T
O THE EXTENT ALLOWABLE, THE DEPARTMENT SHALL MAXIMIZE
FEDERAL FINANCIAL PARTICIPATION IN IMPLEMENTING THIS SECTION
.
SECTION 24. Appropriation. (1) For the 2022-23 state fiscal
year, $730,573 is appropriated to the department of health care policy and
financing. This appropriation is from the general fund. To implement this
act, the department may use this appropriation as follows:
(a) $258,733 for use by the executive director's office for personal
services, which amount is based on an assumption that the office will
require an additional 5.1 FTE;
(b) $29,707 for use by the executive director's office for operating
expenses;
(c) $262,500 for general professional services and special projects;
(d) $161,069 for medical and long-term care services for Medicaid
eligible individuals, which amount is subject to the "(M)" notation as
defined in the annual general appropriation act for the same fiscal year; and
(e) $18,564 for children's basic health plan medical and dental costs.
(2) For the 2022-23 state fiscal year, the general assembly
anticipates that the department of health care policy and financing will
receive $885,480 in federal funds. The appropriation in subsection (1) of
this section is based on the assumption that the office will receive this
amount of federal funds to be used as follows:
(a) $181,587 for use by the executive director's office for personal
services, which amount is subject to the "(I)" notation as defined in the
annual general appropriation act for the same fiscal year;
(b) $20,848 for use by the executive director's office for operating
expenses, which amount is subject to the "(I)" notation as defined in the
annual general appropriation act for the same fiscal year;
PAGE 23-HOUSE BILL 22-1289 (c) $487,500 for general professional services and special projects,
which amount is subject to the "(I)" notation as defined in the annual
general appropriation act for the same fiscal year;
(d) $161,069 for medical and long-term care services for Medicaid
eligible individuals; and
(e) $34,476 for children's basic health plan medical and dental costs.
(3) For the 2022-23 state fiscal year, $423,626 is appropriated to the
department of public health and environment for use by the center for health
and environmental information. This appropriation is from the general fund
and is based on an assumption that the center will require an additional 2.5
FTE. To implement this act, the center may use this appropriation for health
statistics and vital records for health surveys.
SECTION 25. Appropriation - adjustments to 2022 long bill.
(1) To implement this act, appropriations made in the annual general
appropriation act for the 2022-23 state fiscal year to the department of
health care policy and financing are adjusted as follows:
(a) The cash funds appropriation from the children's basic health
plan trust created in section 25.5-8-105 (1), C.R.S., for children's basic
health plan medical and dental costs is decreased by $340,727, which is
subject to the "(H)" notation as defined in the annual general appropriation
act for the same fiscal year; and
(b) The cash funds appropriation from the healthcare affordability
and sustainability fee cash fund created in section 25.5-4-402.4 (5)(a),
C.R.S., for children's basic health plan medical and dental costs is decreased
by $564,678, which is subject to the "(H)" notation as defined in the annual
general appropriation act for the same fiscal year.
(2) For the 2022-23 state fiscal year, $144,229 is appropriated to the
department of health care policy and financing. This appropriation is from
the general fund. To implement this act, the department may use this
appropriation for children's basic health plan medical and dental costs.
(3) For the 2022-23 state fiscal year, the general assembly
anticipates that the department of health care policy and financing will
PAGE 24-HOUSE BILL 22-1289 receive $761,176 in federal funds for children's basic health plan medical
and dental costs to implement this act. The appropriations in subsections (1)
and (2) of this section are based on the assumption that the department will
receive this amount of federal funds.
SECTION 26. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 25-HOUSE BILL 22-1289