Page 1
April 26, 2022 HB 22-1289
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 31, 2022)
Drafting Number:
Prime Sponsors:
LLS 22-0487
Rep. Gonzales-Gutierrez;
McCluskie
Sen. Moreno
Date:
Bill Status:
Fiscal Analyst:
April 26, 2022
Senate HHS
Erin Reynolds | 303-866-4146
Erin.Reynolds@state.co.us
Bill Topic: HEALTH BENEFITS FOR CO LORADO CHILDREN & PREGNANT PERSONS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☒ Statutory Public Entity
The bill expands Medicaid coverage to low-income pregnant people and children,
regardless of immigration status; requires the Insurance Commissioner to improve the
quality of health insurance coverage through the Health Insurance Affordability
Enterprise; and extends a survey of birthing parents indefinitely, among other
requirements. It will increase state, local, and statutory public entity expenditures on
an ongoing basis beginning in FY 2022-23.
Appropriation
Summary:
For FY 2022-23, the bill includes an appropriation of $2.0 million to multiple state
agencies.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under HB 22-1289
Budget Year
FY 2022-23
Out Year
FY 2023-24
Out Year
FY 2024-25
Out Year
FY 2025-26
Revenue
- - - -
Expenditures General Fund $1,154,199 $4,988,292 $3,813,368 $9,974,467
Federal Funds $885,480 $6,852,170 $7,210,928 $16,736,557
Centrally Appropriated $133,468 $230,169 $252,364 $245,799
Total Expenditures $2,173,147 $12,070,631 $11,276,660 $26,956,823
Total FTE 7.6 FTE 12.8 FTE 13.2 FTE 13.7 FTE
Transfers - -
Other Budget General Fund Reserve $173,130 $748,244 $572,005 $1,496,170
* Totals may not sum due to rounding
Page 2
April 26, 2022 HB 22-1289
Summary of Legislation
The bill expands Medicaid and Children's Basic Health Plan (CHP+) coverage to low-income pregnant
people and children, regardless of immigration status (lookalike programs); requires the Insurance
Commissioner to improve the quality of health insurance coverage through the Health Insurance
Affordability Enterprise; and extends a survey of birthing parents indefinitely, among other
requirements, as discussed below.
Health Care Policy and Financing. Effective January 1, 2025, the Department of Health Care Policy
and Financing (HCPF) must provide comprehensive health insurance coverage for low-income
pregnant people and children (age 0 to 18) who would be eligible for Medicaid or CHP+ if not for their
immigration status. For pregnant persons, coverage continues for 12-months postpartum so long as
this coverage remains available through Medicaid and CHP+ plans. HCPF is required to use a cash
system of accounting and has over-expenditure authority for service costs. HCPF is required to report
on program implementation, then cost savings and health benefits associated with lookalike
programs, at its annual SMART Act hearing.
HCPF is also required to:
upon the bill’s effective date, make comprehensive lactation support services, lactation supplies
and equipment (including a single-user double electric breast pump, pump parts and pump
collection kit, and, if necessary, access to a loaned multi-user hospital grade electric breast pump
with compatible individual collection kit), and maintenance of multi-user loaned equipment a
covered benefit for Medicaid and CHP+ recipients, with access prior to labor and delivery;
draw down federal Health Services Initiative funding to improve perinatal and postpartum
support after completing a stakeholder process to determine funding priorities;
establish an outreach program to address enrolling eligible groups into insurance options, and to
report on outreach and enrollment strategy outcomes by conducting a stakeholder process
approximately one and two years after implementation; and
pursue a demonstration waiver that authorizes the state to use federal medical assistance
payments, in coordination with the Division of Insurance (DOI), to enhance or expand state
subsidized individual health care coverage for low-income Coloradans and, if needed to maximize
federal financial participation, for populations eligible under this bill and under House
Bill 22-1094, if passed.
Division of Insurance, Department of Regulatory Agencies. The bill requires the Insurance
Commissioner to establish state-subsidized individual health plans through rule for qualified
individuals that are equivalent to coverage provided in a qualified health plan and that maximize
affordability, along with other specified requirements to be addressed through rule by the Health
Insurance Affordability Board. Additionally, beginning January 1, 2024, the bill establishes a special
insurance enrollment period for individuals who do not have existing insurance coverage when they
become pregnant.
Department of Public Health and Environment. The bill makes permanent a Department of Public
Health and Environment (CDPHE) health survey for birthing parents and requires the survey to
oversample members of groups that comprise a small percentage of the population and that
disproportionately experience health inequities. Page 3
April 26, 2022 HB 22-1289
State Expenditures
The bill increases state General Fund and federal funds expenditures beginning in FY 2022-23 in
HCPF, the CDPHE, and the Department of Human Services (CDHS) as shown in Table 2. It will also
increase workload and potential costs in the DOI. These impacts are detailed below.
Table 2
Expenditures Under HB 22-1289
Cost Components FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26
Department of Health Care Policy and Financing
Personal Services $440,320 $919,207 $1,021,428 $992,914
Operating Expenses $7,155 $14,175 $15,525 $14,850
Capital Outlay Costs $43,400 $24,800 $6,200 -
Service Costs
(see Table 3) $375,178 $568,660 $17,300,270 $34,916,034
Service Savings (see Table 3) - ($5,046,187) ($20,435,685) ($20,700,316)
MMIS Programming - $3,114,696 $2,612,463 -
CBMS Programming - $122,463 $573,909 -
Actuarial Contractor - $250,000 - -
Outreach Costs $750,000 $750,000 $750,000 $750,000
County Support - $125,000 $221,227 $189,022
Health Services Initiatives - $10,398,715 $8,349,675 $9,928,371
Centrally Appropriated Costs
1
$90,608 $183,684 $205,879 $199,314
FTE – Personal Services 5.1 FTE 10.1 FTE 11.4 FTE 11.0 FTE
HCPF Subtotal $1,706,661 $11,425,213 $10,620,892 $26,290,189
General Fund $730,573 $4,389,358 $3,204,086 $9,354,318
Federal Funds $885,480 $6,852,170 $7,210,928 $16,736,557
Centrally Appropriated $90,608 $183,684 $205,879 $199,314
Department of Public Health and Environment
Personal Services $198,560 $216,611 $216,611 $216,611
Operating Expenses $3,645 $3,645 $3,645 $3,645
Capital Outlay Costs $18,600 - - -
Survey Materials and Postage $34,403 $36,124 $37,930 $39,826
Software and Licenses $6,207 $6,232 $6,259 $6,287
Participant Incentives $162,211 $170,322 $178,838 $187,780
Centrally Appropriated Costs
1
$42,860 $46,485 $46,485 $46,485
FTE – Personal Services 2.5 FTE 2.7 FTE 2.7 FTE 2.7 FTE
CDPHE Subtotal $466,486 $479,419 $489,768 $500,634
Department of Human Services
Computer Programming - $166,000 $166,000 $166,000
DHS Subtotal - $166,000 $166,000 $166,000
Total $2,173,147 $12,070,631 $11,276,660 $26,956,823
Total FTE 7.6 FTE 12.8 FTE 13.2 FTE 13.7 FTE
1
Centrally appropriated costs are not included in the bill's appropriation. Page 4
April 26, 2022 HB 22-1289
Department of Health Care Policy and Financing. Starting in FY 2022-23, HCPF will incur ongoing
staffing, information technology, outreach, and county administration costs to implement the
insurance program. The provision of breastfeeding equipment through Medicaid and CHP+ also
begins in FY 2022-23. Starting in FY 2024-25, non-citizen pregnant people and children will be enrolled
under the Medicaid and CHP+ look-alike programs, and non-citizens who currently qualify for
Emergency Medical Services under Medicaid will instead be served by a new DOI-designed plan.
Lactation support services also begin in FY 2024-25. These costs are discussed in more detail below
and Table 3 details service costs and savings.
Staffing. HCPF will ramp up a staff of 10.5 FTE as follows: 1.0 FTE to manage Medicaid
Management Information System (MMIS) changes; 1.0 FTE to manage Colorado Benefits
Management System (CBMS) changes; 1.0 FTE to provide eligibility systems policy analysis;
1.0 FTE to develop and implement eligibility system training; 1.0 FTE policy advisor to coordinate
system requirements for Emergency Medical Services; 1.0 FTE to coordinate the state-only CHP+
benefit plan and the health services initiative application process; 1.0 FTE for compliance and
stakeholder engagement; 1.0 FTE for outreach; 0.5 FTE for rate-setting and accounting; 1.0 FTE for
centralized financial support; and 1.0 FTE to manage breast pump support. Starting July 1, 2024,
HCPF requires 1.0 FTE business analyst for 18 months, to provide pharmacy system change
management and operational monitoring. Operating and capital outlay expenses for all staff are
included. First-year costs are prorated for the General Fund pay date shift and assume a
September 1 hire date.
MMIS and CBMS programming. Systems programming costs represent vendor estimates and
staffing costs to modify both the MMIS and the CBMS.
Actuarial contractor. HCPF's actuary will perform a one-time rate assessment in FY 2023-24.
Outreach costs. Outreach costs assume $25,000 in funding will be provided to ten
community-based organizations at a cost of $250,000 per year, as well as 2,500 hours of contractor
services for outreach and translation at an hourly rate of $200, at a cost of $500,000 per year.
County support. County support costs assume county staff will provide application support for
an estimated 1,240 individuals, and process 155 appeals per year. Costs also include funding for
policy and procedural development support.
Health Services Initiative spending. The bill requires HCPF to draw down federal Health
Services Initiatives funding, which requires a 35 percent General Fund match.
Service costs—newly eligible populations. The bill requires and the fiscal note reflects HCPF
enrolling newly eligible pregnant adults and children starting January 1, 2025. Costs assume that
the newly eligible population will receive identical care and services received by existing Medicaid
and CHP+ members, including access to waiver services, and exclude current EMS spending.
Adult service costs assume the enhanced federal match rate of 65 percent, and children's service
costs assume no federal match. Cost estimates use either pre-pandemic utilization data with a
three-year average growth rate applied or SB 21-194 per capita costs where applicable. Utilization
estimates begin with 2,138 pregnant and postpartum adults enrolled in the Medicaid look-alike
program; 137 pregnant adults enrolled in the CHP+ look-alike program; 546 children enrolled in Page 5
April 26, 2022 HB 22-1289
the Medicaid look-alike program; and 765 children enrolled in the CHP+ look-alike program. The
actual population will likely vary from these assumptions, particularly for children for which little
utilization data is available, resulting in what is likely a conservative estimate. The fiscal note
assumes this population will be carefully accounted for through the annual budget process.
Service costs—breast pumps and lactation consulting. Since the bill provides breast pump
coverage even for persons who may be eligible for this service through the Special Supplemental
Nutrition Program for Women, Infants, and Children, it is assumed that the entire Medicaid and
CHP+ post-partum populations, estimated at 2,417 and 398 initially, will access these services
through the bill. Cost assume a benchmark rate of $133.30. Of these individuals, it is assumed
that about 75 percent will seek lactation support at an estimated consultation cost of
$30.41 beginning in FY 2024-25, once services receive federal approval.
Service savings. Service savings assume that, beginning in FY 2023-24, 468 adults will receive a
half-year of coverage under the DOI's Health Insurance Affordability Enterprise plan at a per
person EMS savings of $21,563, up to 960 adults by FY 2025-26. Because the DOI performs
rate-setting and plan approval every June preceding the calendar year plans, the fiscal note
assumes that these processes could not occur until June 2023, for calendar year 2024 plans.
Table 3
Estimated Service Costs and Savings Under HB 22-1289
Service Costs FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26
Non-Citizen Pregnant Adult Medicaid - - $9,413,010 $19,514,304
Non-Citizen Pregnant Adult CHP+ - - $804,313 $1,635,438
Non-Citizen Postpartum Adult Medicaid - - $3,909,198 $7,919,640
Non-Citizen Postpartum Adult CHP+ - - $249,940 $506,095
Non-Citizen Children State-only Medicaid - - $976,234 $2,020,865
Non-Citizen Children State-only CHP+ - - $1,126,430 $2,339,998
Breast Pumps Medicaid $322,138 $495,256 $620,108 $745,421
Breast Pumps CHP+ $53,040 $73,404 $82,435 $92,771
Lactation Support Services Medicaid - - $104,685 $125,840
Lactation Support Services CHP+ - - $13,916 $15,661
Total Service Costs $375,178 $568,660 $17,300,270 $34,916,034
General Fund $179,633 $273,319 $7,530,545 $15,185,862
Federal Funds $195,545 $295,340 $9,769,725 $19,730,172
Service Savings
EMS Savings from Non-Pregnant Adults - ($5,046,187) ($20,435,685) ($20,700,316)
Total Service Savings $0 ($5,046,187) ($20,435,685) ($20,700,316)
General Fund - ($2,523,094) ($10,217,843) ($10,350,158)
Federal Funds - ($2,523,094) ($10,217,842) ($10,350,158)
Page 6
April 26, 2022 HB 22-1289
Department of Public Health and Environment. Based on the costs of the pilot program, the CDPHE
requires 2.7 FTE to continue the Health eMoms survey, as well as costs for survey materials, postage,
software, and participant incentives.
Department of Human Services. Because foster youth under 19 years of age will now be eligible for
health benefits regardless of immigration status, the bill creates a need for a claims processing link
between the MMIS and CDHS' Trails system. The DHS requires a full-time developer to create and
maintain an interface between Trails and MMIS, at a cost of $80 per hour.
Division of Insurance, Department of Regulatory Agencies. In FY 2022-23, the Health Insurance
Affordability Board will perform rulemaking and related stakeholder outreach regarding
state-subsidized individual health plans, which can be accomplished within existing appropriations.
Federal financial participation and savings utilization. The bill requires HCPF to apply for a
1903(v) waiver to enhance the state's subsidization of health insurance for low-income Coloradans
and maximize federal financial participation. The fiscal note assumes that this waiver will not be
approved, without which the bill has no explicit mechanism for the Health Insurance Affordability
Enterprise to utilize HCPF's EMS savings. TABOR limits the amount of state revenue that may be
provided to an enterprise, which may also limit the ability to direct HCPF savings to the
enterprise.
Current state-subsidized plan rollout. The Health Insurance Affordability Board is currently in
the process of developing a state-subsidized insurance plan for qualified individuals—defined as
Colorado residents, regardless of immigration status, with a household income of less than
300 percent of the federal poverty level who are not eligible for other state or federal health
benefits. For CY 2023, the enterprise board voted to offer that plan with $0 premium and a
94 percent actuarial value to undocumented persons with incomes less than 138 percent of the
federal poverty level. Assuming 9,100 enrollees, this plan is estimated to cost $51.9 million per
year. This plan may reduce the savings to HCPF reflected in the bill.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated
with this bill are addressed through the annual budget process and centrally appropriated in the Long
Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve beginning in FY 2022-23. Based
on this fiscal note, the bill is expected to increase the amount of General Fund held in reserve by the
amounts shown in Table 1, which decreases the amount of General Fund available for other purposes.
Local Government
Counties will have additional workload and costs to enroll newly eligible persons into Medicaid and
CHP+ under bill, which will be paid for by the state, as discussed in the State Expenditures section. Page 7
April 26, 2022 HB 22-1289
Statutory Public Entity
Connect for Health Colorado, Colorado’s insurance marketplace, will spend an estimated $104,500 in
FY 2022-23 on computer programming to create the special enrollment period for pregnant persons
with retroactive start date capability and a noticing requirement. Costs for Connect for Health
Colorado are paid using fees assessed on health plans sold in the state, among other sources, and it is
assumed that existing revenue streams can be used to cover these costs.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
The bill requires and includes the following appropriations:
$730,573 General Fund and $885,480 federal funds to the Department of Health Care Policy and
Financing and 5.1 FTE; and
$423,626 General Fund to the Department of Public Health and Environment and 2.5 FTE.
State and Local Government Contacts
Connect for Health Colorado Health Care Policy and Financing
Human Services Information Technology
Law Public Health and Environment
Regulatory Agencies
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.