Colorado 2022 Regular Session

Colorado House Bill HB1289 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0487.01 Jane Ritter x4342
18 HOUSE BILL 22-1289
2-BY REPRESENTATIVE(S) Gonzales-Gutierrez and McCluskie, Amabile,
3-Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran,
4-Esgar, Exum, Froelich, Herod, Hooton, Jodeh, Kennedy, Kipp, Lontine,
5-Michaelson Jenet, Mullica, Ortiz, Ricks, Roberts, Sirota, Snyder, Titone,
6-Valdez A., Weissman, Woodrow, Young, Daugherty, Lindsay, McCormick,
7-Valdez D.;
8-also SENATOR(S) Moreno and Fields, Bridges, Buckner, Danielson,
9-Donovan, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Lee,
10-Pettersen, Priola, Rodriguez, Story, Winter, Zenzinger.
9+House Committees Senate Committees
10+Public & Behavioral Health & Human Services Health & Human Services
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1113 C
12-ONCERNING IMPROVING ACCESS TO HEALTH BENEFITS FOR ECONOMICALLY
13-INSECURE
14-COLORADO FAMILIES BY ENHANCING PUBLIC HEALTH
15-PROGRAMS
16-, AND, IN CONNECTION THEREWITH , MAKING AN
17-APPROPRIATION
18-.
19-
20-Be it enacted by the General Assembly of the State of Colorado:
21-SECTION 1. Legislative declaration. (1) The general assembly
22-finds and declares that:
23-(a) Health insurance coverage is an important social determinant of
24-health because it provides both access to the health-care system and
25-NOTE: This bill has been prepared for the signatures of the appropriate legislative
26-officers and the Governor. To determine whether the Governor has signed the bill
27-or taken other action on it, please consult the legislative status sheet, the legislative
28-history, or the Session Laws.
29-________
30-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31-through words or numbers indicate deletions from existing law and such material is not part of
32-the act. financial security. Access to quality prenatal care is one of the most
33-important determinants of birth outcomes and a primary strategy to reduce
34-infant and maternal mortality.
35-(b) The stress and challenges of pregnancy and parenting with
36-limited financial resources are contributing factors to a high rate of
37-depression. One in four low-income pregnant or postpartum individuals
38-experience depression in a given year.
39-(c) Insurance coverage improves health status and mental health,
40-while decreasing infant, child, and adult mortality rates. Medicaid and the
41-children's health insurance program (CHIP) are key supports for pregnant
42-people and new parents, as well as their children in the critical early years
43-of life.
44-(d) Research shows that medicaid coverage for children and
45-pregnant people is associated with improved health and well-being.
46-Children born to medicaid-covered or otherwise insured parents are more
47-likely to be born at a healthier birth weight and are at lower risk of infant
48-mortality than babies born to people who are uninsured. Medicaid and other
49-insurance coverage of pregnant people is also associated with a greater
50-likelihood of children finishing high school and college and having higher
51-incomes as adults.
52-(e) When parents have health insurance, their children are more
53-likely to be insured;
54-(f) In Colorado, Hispanic and Latina individuals of reproductive age
55-are three times more likely to be uninsured compared to their non-Hispanic
56-peers. Research indicates that chronic stress associated with being a racial
57-or ethnic minority in the United States is largely responsible for higher
58-preterm birth rates and constitutes an independent risk factor for preterm
59-delivery.
60-(g) Approximately twenty-four percent of all pregnancy-related
61-deaths occur between forty-three to three hundred sixty-five days after a
62-pregnancy ends. There is growing evidence that providing insurance
63-coverage for at least one year of postpartum care can reduce preventable
64-maternal deaths, particularly among Black persons and immigrant
65-populations. Expanding access to prenatal and postpartum care will
66-PAGE 2-HOUSE BILL 22-1289 decrease racial disparities in maternal and infant mortality.
67-(h) Prenatal care is cost effective. Studies have found that providing
68-prenatal care for low-income persons avoids costly infant complications and
69-infant death.
70-(2) The general assembly further finds that:
71-(a) All Colorado children deserve access to preventive and
72-life-saving health care. In Colorado, fourteen percent of uninsured children
73-are ineligible for medicaid or the children's basic health plan because of
74-their immigration status. Health insurance coverage is linked to improved
75-access to health-care services and increased use of preventive services.
76-(b) Without expansion of health-care coverage, immigrant parents
77-with children who are ineligible for coverage are more likely to put off
78-seeking critical treatment until it is an emergency. Educational success,
79-physical health, emotional support, and family strength are inseparable.
80-(c) The COVID-19 pandemic has disproportionately harmed
81-immigrant communities across the state, exposing the dual impacts of
82-racism and xenophobia on access to health care. Ineligibility for health-care
83-coverage has led many immigrants to forgo COVID-19 testing and
84-treatment, despite both being free.
85-(d) As Colorado seeks to address these inequities to build a more
86-inclusive state, it is essential to expand coverage to the communities that
87-have been most impacted and vulnerable before, during, and well after the
88-COVID-19 health crisis; and
89-(e) Expanding health-care coverage to all children, pregnant and
90-postpartum persons, regardless of immigration status, is fundamental to
91-ensuring health equity in Colorado, allowing all parents and children to
92-thrive.
93-SECTION 2. In Colorado Revised Statutes, 10-16-1205, add
94-(2)(d)(III) as follows:
95-10-16-1205. Health insurance affordability fee - special
96-assessment on hospitals - allocation of revenues.
97-PAGE 3-HOUSE BILL 22-1289 (2) (d) (III) NOTWITHSTANDING SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF
98-THIS SECTION
99-, IF THE APPROVAL OF THE DEMONSTRATION WAIVER RECEIVED
100-PURSUANT TO SECTION
101-25.5-4-503 (2) SETS CONDITIONS ON THE USE OF THE
102-MONEY RECEIVED
103-, THE ENTERPRISE SHALL ALLOCATE THE MONEY RECEIVED
104-PURSUANT TO SECTION
105-25.5-4-503 (2) AS SET FORTH IN THE APPROVAL. IF
106-THE APPROVAL DOES NOT SET CONDITIONS ON THE USE OF MONEY RECEIVED
107-,
108-THE ENTERPRISE SHALL ALLOCATE THE MONEY IN THE MANNER SET FORTH
109-IN SUBSECTIONS
110- (2)(d)(I) AND (2)(d)(II) OF THIS SECTION.
111-SECTION 3. In Colorado Revised Statutes, 10-16-1206, amend
112-(1)(e) and (1)(f); and add (1)(g) as follows:
113-10-16-1206. Health insurance affordability cash fund - creation.
114-(1) There is hereby created in the state treasury the health insurance
115-affordability cash fund. The fund consists of:
116-(e) Money that may be allocated to the fund pursuant to section
117-10-16-1308; and
118-(f) All interest and income derived from the deposit and investment
119-of money in the fund;
120-AND
121-(g) THE FEDERAL SHARE OF THE MEDICAL ASSISTANCE PAYMENTS
122-RECEIVED PURSUANT TO SECTION
123-25.5-4-503 (2).
124-SECTION 4. In Colorado Revised Statutes, 10-16-105.7, add
125-(3)(a)(II)(H) as follows:
126-10-16-105.7. Health benefit plan open enrollment periods -
127-special enrollment periods - rules. (3) (a) (II) A triggering event occurs
128-when:
14+ONCERNING IMPROVING ACCESS TO HEALTH BENEFITS FOR101
15+ECONOMICALLY INSECURE COLORADO FAMILIES BY ENHANCING102
16+PUBLIC HEALTH
17+PROGRAMS, AND, IN CONNECTION THEREWITH,103
18+MAKING AN APPROPRIATION .104
19+Bill Summary
20+(Note: This summary applies to this bill as introduced and does
21+not reflect any amendments that may be subsequently adopted. If this bill
22+passes third reading in the house of introduction, a bill summary that
23+applies to the reengrossed version of this bill will be available at
24+http://leg.colorado.gov
25+.)
26+The bill makes the following changes to health insurance coverage
27+for low-income pregnant people and children in low-income families:
28+! Provides full health insurance coverage for Colorado
29+SENATE
30+3rd Reading Unamended
31+May 5, 2022
32+SENATE
33+Amended 2nd Reading
34+May 4, 2022
35+HOUSE
36+3rd Reading Unamended
37+April 22, 2022
38+HOUSE
39+Amended 2nd Reading
40+April 20, 2022
41+HOUSE SPONSORSHIP
42+Gonzales-Gutierrez and McCluskie, Amabile, Bacon, Benavidez, Bernett, Bird,
43+Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich, Herod, Hooton, Jodeh,
44+Kennedy, Kipp, Lontine, Michaelson Jenet, Mullica, Ortiz, Ricks, Roberts, Sirota, Snyder,
45+Titone, Valdez A., Weissman, Woodrow, Young
46+SENATE SPONSORSHIP
47+Moreno and Fields, Bridges, Buckner, Danielson, Donovan, Ginal, Gonzales, Hansen,
48+Hinrichsen, Jaquez Lewis, Lee, Pettersen, Priola, Rodriguez, Story, Winter, Zenzinger
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
51+Dashes through the words indicate deletions from existing statute. pregnant people who would be eligible for medicaid and
52+the children's basic health plan (CHIP) if not for their
53+immigration status and continues that coverage for 12
54+months postpartum at the CHIP federal matching rate;
55+! Provides comprehensive health insurance coverage to all
56+Colorado children who would be eligible for medicaid and
57+CHIP if not for their immigration status;
58+! Requires the state department of health care policy and
59+financing to create an outreach and enrollment strategy for
60+enrolling eligible groups into new coverage options;
61+! Makes comprehensive lactation supports and supplies,
62+including breast pumps, a covered benefit for perinatal
63+people on medicaid and CHIP;
64+! Draws down federal funds to improve perinatal and
65+postpartum support and requires that priorities for the funds
66+be determined through a stakeholder process;
67+! Permanently authorizes an existing survey of birthing
68+parents, run by the state department of public health and
69+environment and increases the ability of the survey to
70+collect and report on the experiences of birthing people of
71+color in Colorado;
72+! Creates a special enrollment period for health insurance
73+coverage due to pregnancy so that an eligible person can
74+sign up for insurance as soon as the person becomes
75+pregnant; and
76+! Improves the quality of health insurance coverage available
77+through the health insurance affordability enterprise.
78+Be it enacted by the General Assembly of the State of Colorado:1
79+SECTION 1. Legislative declaration. (1) The general assembly2
80+finds and declares that:3
81+(a) Health insurance coverage is an important social determinant4
82+of health because it provides both access to the health-care system and5
83+financial security. Access to quality prenatal care is one of the most6
84+important determinants of birth outcomes and a primary strategy to reduce7
85+infant and maternal mortality.8
86+(b) The stress and challenges of pregnancy and parenting with9
87+limited financial resources are contributing factors to a high rate of10
88+1289-2- depression. One in four low-income pregnant or postpartum individuals1
89+experience depression in a given year.2
90+(c) Insurance coverage improves health status and mental health,3
91+while decreasing infant, child, and adult mortality rates. Medicaid and the4
92+children's health insurance program (CHIP) are key supports for pregnant5
93+people and new parents, as well as their children in the critical early years6
94+of life.7
95+(d) Research shows that medicaid coverage for children and8
96+pregnant people is associated with improved health and well-being.9
97+Children born to medicaid-covered or otherwise insured parents are more10
98+likely to be born at a healthier birth weight and are at lower risk of infant11
99+mortality than babies born to people who are uninsured. Medicaid and12
100+other insurance coverage of pregnant people is also associated with a13
101+greater likelihood of children finishing high school and college and14
102+having higher incomes as adults.15
103+(e) When parents have health insurance, their children are more16
104+likely to be insured;17
105+(f) In Colorado, Hispanic and Latina individuals of reproductive18
106+age are three times more likely to be uninsured compared to their19
107+non-Hispanic peers. Research indicates that chronic stress associated with20
108+being a racial or ethnic minority in the United States is largely responsible21
109+for higher preterm birth rates and constitutes an independent risk factor22
110+for preterm delivery.23
111+(g) Approximately twenty-four percent of all pregnancy-related24
112+deaths occur between forty-three to three hundred sixty-five days after a25
113+pregnancy ends. There is growing evidence that providing insurance26
114+coverage for at least one year of postpartum care can reduce preventable27
115+1289
116+-3- maternal deaths, particularly among Black persons and immigrant1
117+populations. Expanding access to prenatal and postpartum care will2
118+decrease racial disparities in maternal and infant mortality.3
119+(h) Prenatal care is cost effective. Studies have found that4
120+providing prenatal care for low-income persons avoids costly infant5
121+complications and infant death.6
122+(2) The general assembly further finds that:7
123+(a) All Colorado children deserve access to preventive and8
124+life-saving health care. In Colorado, fourteen percent of uninsured9
125+children are ineligible for medicaid or the children's basic health plan10
126+because of their immigration status. Health insurance coverage is linked11
127+to improved access to health-care services and increased use of preventive12
128+services.13
129+(b) Without expansion of health-care coverage, immigrant parents14
130+with children who are ineligible for coverage are more likely to put off15
131+seeking critical treatment until it is an emergency. Educational success,16
132+physical health, emotional support, and family strength are inseparable.17
133+(c) The COVID-19 pandemic has disproportionately harmed18
134+immigrant communities across the state, exposing the dual impacts of19
135+racism and xenophobia on access to health care. Ineligibility for20
136+health-care coverage has led many immigrants to forgo COVID-19 testing21
137+and treatment, despite both being free.22
138+(d) As Colorado seeks to address these inequities to build a more23
139+inclusive state, it is essential to expand coverage to the communities that24
140+have been most impacted and vulnerable before, during, and well after the25
141+COVID-19 health crisis; and26
142+(e) Expanding health-care coverage to all children, pregnant and27
143+1289
144+-4- postpartum persons, regardless of immigration status, is fundamental to1
145+ensuring health equity in Colorado, allowing all parents and children to2
146+thrive.3
147+SECTION 2. In Colorado Revised Statutes, 10-16-1205, add4
148+(2)(d)(III) as follows:5
149+10-16-1205. Health insurance affordability fee - special6
150+assessment on hospitals - allocation of revenues. (2)7
151+(d) (III) N
152+OTWITHSTANDING SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF
153+8
154+THIS SECTION, IF THE APPROVAL OF THE DEMONSTRATION WAIVER9
155+RECEIVED PURSUANT TO SECTION 25.5-4-503 (2) SETS CONDITIONS ON THE10
156+USE OF THE MONEY RECEIVED , THE ENTERPRISE SHALL ALLOCATE THE11
157+MONEY RECEIVED PURSUANT TO SECTION 25.5-4-503 (2) AS SET FORTH IN12
158+THE APPROVAL. IF THE APPROVAL DOES NOT SET CONDITIONS ON THE USE13
159+OF MONEY RECEIVED, THE ENTERPRISE SHALL ALLOCATE THE MONEY IN14
160+THE MANNER SET FORTH IN SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS15
161+SECTION.16
162+SECTION 3. In Colorado Revised Statutes, 10-16-1206, amend17
163+(1)(e) and (1)(f); and add (1)(g) as follows:18
164+10-16-1206. Health insurance affordability cash fund -19
165+creation. (1) There is hereby created in the state treasury the health20
166+insurance affordability cash fund. The fund consists of:21
167+(e) Money that may be allocated to the fund pursuant to section22
168+10-16-1308; and23
169+(f) All interest and income derived from the deposit and24
170+investment of money in the fund; AND25
171+(g) THE FEDERAL SHARE OF THE MEDICAL ASSISTANCE PAYMENTS26
172+RECEIVED PURSUANT TO SECTION 25.5-4-503 (2).27
173+1289
174+-5- SECTION 4. In Colorado Revised Statutes, 10-16-105.7, add1
175+(3)(a)(II)(H) as follows:2
176+10-16-105.7. Health benefit plan open enrollment periods -3
177+special enrollment periods - rules. (3) (a) (II) A triggering event occurs4
178+when:5
129179 (H) B
130-EGINNING JANUARY 1, 2024, AN INDIVIDUAL WHO DOES NOT
131-HAVE EXISTING CREDITABLE COVERAGE RECEIVES CERTIFICATION FROM A
132-HEALTH
133--CARE PROVIDER ACTING WITHIN THE PROVIDER 'S SCOPE OF
134-PRACTICE THAT THE INDIVIDUAL IS PREGNANT
135-. COVERAGE IS DEEMED
136-EFFECTIVE AS OF THE FIRST MONTH IN WHICH THE INDIVIDUAL RECEIVES
137-CERTIFICATION OF THE PREGNANCY
138-, UNLESS THE INDIVIDUAL ELECTS TO
139-HAVE COVERAGE EFFECTIVE ON THE FIRST DAY OF THE MONTH FOLLOWING
140-THE DATE THAT THE INDIVIDUAL MAKES A PLAN SELECTION
141-. ANY PERSON OR
142-PAGE 4-HOUSE BILL 22-1289 ENTITY ENROLLING AN INDIVIDUAL IN COVERAGE PURSUANT TO THIS SPECIAL
143-ENROLLMENT PERIOD SHALL PROVIDE A NOTICE
144-, DEVELOPED BY THE
145-DEPARTMENT THROUGH A STAKEHOLDER PROCESS
146-, TO THE INDIVIDUAL
147-REGARDING THE INDIVIDUAL
148-'S OPTION TO BEGIN COVERAGE EITHER
149-PROSPECTIVELY OR RETROACTIVELY AND THE FINANCIAL AND TAX
150-IMPLICATIONS OF THOSE OPTIONS
151-. THE NOTICE MUST BE IN, AT A MINIMUM,
180+EGINNING JANUARY 1, 2024, AN INDIVIDUAL
181+WHO DOES NOT6
182+HAVE EXISTING CREDITABLE COVERAGE RECEIVES CERTIFICATION FROM A7
183+HEALTH-CARE PROVIDER ACTING WITHIN THE PROVIDER 'S SCOPE OF8
184+PRACTICE THAT THE INDIVIDUAL IS PREGNANT . COVERAGE IS DEEMED9
185+EFFECTIVE AS OF THE FIRST MONTH IN WHICH THE INDIVIDUAL RECEIVES10
186+CERTIFICATION OF THE PREGNANCY , UNLESS THE INDIVIDUAL ELECTS TO11
187+HAVE COVERAGE EFFECTIVE ON THE FIRST DAY OF THE MONTH FOLLOWING12
188+THE DATE THAT THE INDIVIDUAL MAKES A PLAN SELECTION . ANY PERSON13
189+OR ENTITY ENROLLING AN INDIVIDUAL IN COVERAGE PURS UANT TO THIS14
190+SPECIAL ENROLLMENT PERIOD SHALL PROVIDE A NOTICE , DEVELOPED BY15
191+THE DEPARTMENT THROUGH A STAKEHOLDER PROCESS , TO THE16
192+INDIVIDUAL REGARDING THE INDIVIDUAL 'S OPTION TO BEGIN COVERAGE17
193+EITHER PROSPECTIVELY OR RETROACTIVELY AND THE FINANCIAL AND TAX18
194+IMPLICATIONS OF THOSE OPTIONS. THE NOTICE MUST BE IN, AT A MINIMUM,19
152195 E
153-NGLISH AND SPANISH.
154-SECTION 5. In Colorado Revised Statutes, 10-16-1207, repeal
155-(4)(c)(IV)(A); and add (4)(c.5) as follows:
156-10-16-1207. Health insurance affordability board - creation -
157-membership - powers and duties - subject to open meetings and public
158-records laws - commissioner rules. (4) The board is authorized to:
159-(c) Recommend, for approval and establishment by the
160-commissioner by rule:
161-(IV) The parameters for implementing the subsidies for
162-state-subsidized individual health coverage plans authorized by this part 12,
163-including:
164-(A) The coverage required under state-subsidized individual health
165-coverage plans, which coverage must maximize affordability for qualified
166-individuals and must include coverage for the lowest income group, as
167-determined by the board, that has no premium and provides benefits
168-actuarially equivalent to ninety percent of the full actuarial value of the
169-benefits provided under the plan; and
170-(c.5) FURTHER RECOMMEND , FOR APPROVAL AND ESTABLISHMENT
171-BY THE COMMISSIONER BY RULE
172-, ADDITIONAL PARAMETERS FOR
173-IMPLEMENTING THE SUBSIDIES FOR STATE
174--SUBSIDIZED INDIVIDUAL HEALTH
175-COVERAGE PLANS AUTHORIZED BY THIS PART
176-12, INCLUDING THAT THE
177-COVERAGE REQUIRED PURSUANT TO STATE
178--SUBSIDIZED INDIVIDUAL HEALTH
179-COVERAGE PLANS MUST
180-:
196+NGLISH AND SPANISH.20
197+SECTION 5.
198+ In Colorado Revised Statutes, 10-16-1207, repeal21
199+(4)(c)(IV)(A); and add (4)(c.5) as follows:22
200+10-16-1207. Health insurance affordability board - creation -23
201+membership - powers and duties - subject to open meetings and24
202+public records laws - commissioner rules. (4) The board is authorized25
203+to:26
204+(c) Recommend, for approval and establishment by the27
205+1289
206+-6- commissioner by rule:1
207+(IV) The parameters for implementing the subsidies for2
208+state-subsidized individual health coverage plans authorized by this part3
209+12, including:4
210+(A) The coverage required under state-subsidized individual5
211+health coverage plans, which coverage must maximize affordability for6
212+qualified individuals and must include coverage for the lowest income7
213+group, as determined by the board, that has no premium and provides8
214+benefits actuarially equivalent to ninety percent of the full actuarial value9
215+of the benefits provided under the plan; and10
216+(c.5) F
217+URTHER RECOMMEND , FOR APPROVAL AND ESTABLISHMENT11
218+BY THE COMMISSIONER BY RULE , ADDITIONAL PARAMETERS FOR12
219+IMPLEMENTING THE SUBSIDIES FOR STATE-SUBSIDIZED INDIVIDUAL HEALTH13
220+COVERAGE PLANS AUTHORIZED BY THIS PART 12, INCLUDING THAT THE14
221+COVERAGE REQUIRED PURSUANT TO STATE -SUBSIDIZED INDIVIDUAL15
222+HEALTH COVERAGE PLANS MUST :16
181223 (I) M
182-AXIMIZE AFFORDABILITY FOR QUALIFIED INDIVIDUALS ;
224+AXIMIZE AFFORDABILITY FOR QUALIFIED INDIVIDUALS ;17
183225 (II) C
184-OVER BENEFITS EQUIVALENT TO THOSE IN A QUALIFIED HEALTH
185-PLAN
186-; AND
187-PAGE 5-HOUSE BILL 22-1289 (III) FOR A PERSON WHO, AT THE TIME THE PERSON APPLIES FOR
188-STATE
189--SUBSIDIZED COVERAGE, MEETS THE INCOME REQUIREMENTS TO
190-QUALIFY FOR EMERGENCY MEDICAL ASSISTANCE PURS UANT TO SECTION
191-25.5-5-103 AND WHO IS A QUALIFIED I NDIVIDUAL WHO MEETS THE
192-ELIGIBILITY CRITERIA ESTABLISHED IN RULE PURSUANT TO SUBSECTION
193-(4)(c)(IV) OF THIS SECTION, INCLUDE COVERAGE THAT:
226+OVER BENEFITS EQUIVALENT TO THOSE IN A QUALIFIED18
227+HEALTH PLAN; AND19
228+(III) F
229+OR A PERSON WHO, AT THE TIME THE PERSON APPLIES FOR20
230+STATE-SUBSIDIZED COVERAGE, MEETS THE INCOME REQUIREMENTS TO21
231+QUALIFY FOR EMERGENCY MEDICAL ASSISTANCE PURS UANT TO SECTION22
232+25.5-5-103 AND WHO IS A QUALIFIED INDIVIDUAL WHO MEETS THE23
233+ELIGIBILITY CRITERIA ESTABLISHED IN RULE PURSUANT TO SUBSECTION24
234+(4)(c)(IV) OF THIS SECTION, INCLUDE COVERAGE THAT:25
194235 (A) H
195-AS NO PREMIUM;
236+AS NO PREMIUM;26
196237 (B) H
197-AS AN ACTUARIAL VALUE OF NOT LESS THAN NINETY -FOUR
198-PERCENT
199-; AND
200-(C) TO THE EXTENT POSSIBLE WITH AVAILABLE FUNDING , INCLUDES
201-COST SHARING THAT IS FURTHER REDUCED FROM SUBSECTION
202-(4)(c.5)(III)(B) OF THIS SECTION SUCH THAT THE PLAN HAS CONSUMER COST
203-SHARING RESPONSIBILITIES FOR EMERGENCY SERVICES EQUIVALENT TO COST
204-SHARING RESPONSIBILITIES FOR EMERGENCY MEDICAL ASSISTANCE
205-PURSUANT TO SECTION
206-25.5-5-103.
207-SECTION 6. In Colorado Revised Statutes, 24-75-109, add (1)(a.7)
208-and (1)(a.8) as follows:
209-24-75-109. Controller may allow expenditures in excess of
210-appropriations - limitations - appropriations for subsequent fiscal year
211-restricted - repeal. (1) For the purpose of closing the state's books, and
212-subject to the provisions of this section, the controller may, on or after May
213-1 of any fiscal year and before the forty-fifth day after the close thereof,
214-upon approval of the governor, allow any department, institution, or agency
215-of the state, including any institution of higher education, to make an
216-expenditure in excess of the amount authorized by an item of appropriation
217-for such fiscal year if:
218-(a.7) T
219-HE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH
220-CARE POLICY AND FINANCING FOR THE STATE MEDICAL ASSISTANCE
221-PROGRAM
222-, ESTABLISHED PURSUANT TO SECTION 25.5-2-104; OR
223-(a.8) THE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH
224-CARE POLICY AND FINANCING FOR THE STATE CHILDREN
225-'S BASIC HEALTH
226-PLAN
227-, ESTABLISHED PURSUANT TO SECTION 25.5-2-105; OR
228-PAGE 6-HOUSE BILL 22-1289 SECTION 7. In Colorado Revised Statutes, 25-1.5-101, add (1)(cc)
229-as follows:
230-25-1.5-101. Powers and duties of department - laboratory cash
231-fund - report - dispensation of payments under contracts with grantees
232-- definitions - repeal. (1) The department has, in addition to all other
233-powers and duties imposed upon it by law, the powers and duties provided
234-in this section as follows:
238+AS AN ACTUARIAL VALUE OF NOT LESS THAN NINETY -FOUR27
239+1289
240+-7- PERCENT; AND1
241+(C) T
242+O THE EXTENT POSSIBLE WITH AVAILABLE FUNDING ,2
243+INCLUDES COST SHARING THAT IS FURTHER REDUCED FROM SUBSECTION3
244+(4)(c.5)(III)(B)
245+OF THIS SECTION SUCH THAT THE PLAN HAS CONSUMER4
246+COST SHARING RESPONSIBILITIES FOR EMERGENCY SERVICES EQUIVALENT5
247+TO COST SHARING RESPONSIBILITIES FOR EMERGENCY MEDICAL6
248+ASSISTANCE PURSUANT TO SECTION 25.5-5-103.7
249+SECTION 6. In Colorado Revised Statutes, 24-75-109, add8
250+(1)(a.7) and (1)(a.8) as follows:9
251+24-75-109. Controller may allow expenditures in excess of10
252+appropriations - limitations - appropriations for subsequent fiscal11
253+year restricted - repeal. (1) For the purpose of closing the state's books,12
254+and subject to the provisions of this section, the controller may, on or13
255+after May 1 of any fiscal year and before the forty-fifth day after the close14
256+thereof, upon approval of the governor, allow any department, institution,15
257+or agency of the state, including any institution of higher education, to16
258+make an expenditure in excess of the amount authorized by an item of17
259+appropriation for such fiscal year if:18
260+(a.7) THE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH19
261+CARE POLICY AND FINANCING FOR THE STATE MEDICAL ASSISTANCE20
262+PROGRAM, ESTABLISHED PURSUANT TO SECTION 25.5-2-104; OR21
263+(a.8) THE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH22
264+CARE POLICY AND FINANCING FOR THE STATE CHILDREN'S BASIC HEALTH23
265+PLAN, ESTABLISHED PURSUANT TO SECTION 25.5-2-105; OR24
266+SECTION 7. In Colorado Revised Statutes, 25-1.5-101, add25
267+(1)(cc) as follows:26
268+25-1.5-101. Powers and duties of department - laboratory cash27
269+1289
270+-8- fund - report - dispensation of payments under contracts with1
271+grantees - definitions - repeal. (1) The department has, in addition to all2
272+other powers and duties imposed upon it by law, the powers and duties3
273+provided in this section as follows:4
235274 (cc) T
236-O CARRY OUT THE HEALTH SURVEY FOR BIRTHING PARENTS
237-AND REPORTING REQUIREMENTS SET FORTH IN PART
238-7 OF THIS ARTICLE 1.5.
239-SECTION 8. In Colorado Revised Statutes, add part 7 to article 1.5
240-of title 25 as follows:
241-PART 7
242-HEALTH SURVEY FOR BIRTHING PARENTS
275+O CARRY OUT THE HEALTH SURVEY FOR BIRTHING PARENTS5
276+AND REPORTING REQUIREMENTS SET FORTH IN PART 7 OF THIS ARTICLE 1.5.6
277+SECTION 8.
278+ In Colorado Revised Statutes, add part 7 to article7
279+1.5 of title 25 as follows:8
280+PART 79
281+HEALTH SURVEY FOR BIRTHING PARENTS10
243282 25-1.5-701. Health survey for birthing parents. (1) B
283+EGINNING11
284+J
285+ULY 1, 2022, THE DEPARTMENT SHALL BEGIN DEVELOPING A12
286+METHODOLOGY AND BUILDING A HEALTH SURVEY FOR BIRTHING PARENTS ,13
287+REFERRED TO IN THIS SECTION AS THE "SURVEY", TO GIVE PEOPLE WHO14
288+HAVE GIVEN BIRTH THE OPPORTUNITY TO SHARE OPINIONS AND15
289+EXPERIENCES DURING THE FIRST FEW YEARS OF THEIR BABIES ' LIVES. THE16
290+PURPOSE OF THE SURVEY IS TO INFORM COLORADO POLICIES AND17
291+PROGRAMS DESIGNED TO ADVANCE HEALTH EQUITY . AS PART OF THE18
292+SURVEY, THE DEPARTMENT SHALL:19
293+(a) I
294+NVITE A STATEWIDE COHORT OF PEOPLE WHO HAVE RECENTLY20
295+GIVEN BIRTH TO JOIN THE SURVEY;21
296+(b) A
297+NNUALLY AND UP UNTIL A SURVEY PARTICIPANT 'S CHILD'S22
298+THIRD BIRTHDAY, PROVIDE TO EACH PARTICIPANT AT LEAST TWO BRIEF23
299+ONLINE QUESTIONNAIRES ON A VARIETY OF HEALTH AND SOCIAL TOPICS ,24
300+INCLUDING:25
301+(I) H
302+OW THE PARTICIPANT FEELS PHYSICALLY AND EMOTIONALLY26
303+AFTER HAVING GIVEN BIRTH;27
304+1289
305+-9- (II) THE PARTICIPANT'S MENTAL HEALTH AND SUBSTANCE USE1
306+BEFORE, DURING, AND AFTER PREGNANCY;2
307+(III) T
308+HE PARTICIPANT'S OPINIONS ON CHILDHOOD VACCINATIONS3
309+AND OTHER IMPORTANT HEALTH DECISIONS ;4
310+(IV) T
311+HE PARTICIPANT'S ABILITY TO TAKE LEAVE FROM WORK ;5
312+(V) T
313+HE PARTICIPANT'S ABILITY TO FEED THE PARTICIPANT'S BABY6
314+IN THE PARTICIPANT'S PREFERRED WAY;7
315+(VI) T
316+HE PARTICIPANT'S EXPERIENCES WITH DOCTORS AND OTHER8
317+HEALTH-CARE WORKERS DURING AND AFTER PRE GNANCY , INCLUDING ANY9
318+EXPERIENCES OF DISCRIMINATION; AND10
319+(VII) T
320+HE PARTICIPANT'S FAMILY'S ACCESS TO HEALTH CARE AND11
321+HEALTH SERVICES, INCLUDING BEHAVIORAL HEALTH SERVICES AND ORAL12
322+HEALTH SERVICES, AND OTHER RESOURCES NECESSARY FOR THE FAMILY13
323+TO BE HAPPY AND HEALTHY.14
324+(2) T
325+HE SURVEY MUST BE DESIGNED TO OVERSAMPLE MEMBERS OF15
326+GROUPS THAT COMPRISE A SMALL PERCENTAGE OF THE POPULATION AND16
327+THAT DISPROPORTIONATELY EXPERIENCE HEALTH INEQUITIES , INCLUDING17
328+A
329+FRICAN AMERICANS AND NATIVE AMERICANS, SO THAT DATA ABOUT18
330+THE EXPERIENCES OF THESE POPULATIONS CAN BE MADE PUBLIC .19
331+P
332+ARTICIPANT DATA ABOUT RACE, ETHNICITY, SEXUAL ORIENTATION, AND20
333+GENDER IDENTITY MUST BE COLLECTED AND REPORTED IN A MANNER THAT21
334+PROTECTS PERSONALLY IDENTIFYING INFORMATION .22
335+SECTION 9.
336+ In Colorado Revised Statutes, 25.5-2-103, amend23
337+(1)(b) as follows:24
338+25.5-2-103. Reproductive health-care program - report - rules25
339+- definitions. (1) As used in this section, unless the context otherwise26
340+requires:27
341+1289
342+-10- (b) "Eligible individual" means an individual with reproductive1
343+capacity, regardless of gender, citizenship, or immigration status, who2
344+would be eligible to enroll in the medical assistance program, except that3
345+the individual is not a citizen of the United States and is not considered4
346+an eligible noncitizen pursuant to 8 U.S.C. secs. 1611 and 1612 and5
347+section 25.5-5-101 (2)(b) AS DESCRIBED IN SECTION 25.5-4-103 (13) BUT6
348+IS NOT ELIGIBLE DUE SOLELY TO THE INDIVIDUAL'S IMMIGRATION STATUS,7
349+AND WHO IS NOT ELIGIBLE FOR, OR DECLINES TO ENROLL IN, STATE8
350+MEDICAL ASSISTANCE, AS DESCRIBED IN SECTION 25.5-2-104.9
351+SECTION 10. In Colorado Revised Statutes, add 25.5-2-104 and10
352+25.5-2-105 as follows:11
353+25.5-2-104. State-funded health and medical care.12
354+(1) B
244355 EGINNING
245-JULY 1, 2022, THE DEPARTMENT SHALL BEGIN DEVELOPING A METHODOLOGY
246-AND BUILDING A HEALTH SURVEY FOR BIRTHING PARENTS
247-, REFERRED TO IN
248-THIS SECTION AS THE
249-"SURVEY", TO GIVE PEOPLE WHO HAVE GIVEN BIRTH
250-THE OPPORTUNITY TO SHARE OPINIONS AND EXPERIENCES DURING THE FIRST
251-FEW YEARS OF THEIR BABIES
252-' LIVES. THE PURPOSE OF THE SURVEY IS TO
253-INFORM
254-COLORADO POLICIES AND PROGRAMS DESIGNED TO ADVANCE
255-HEALTH EQUITY
256-. AS PART OF THE SURVEY, THE DEPARTMENT SHALL:
257-(a) I
258-NVITE A STATEWIDE COHORT OF PEOPLE WHO HAVE RECENTLY
259-GIVEN BIRTH TO JOIN THE SURVEY
260-;
356+NO LATER THAN JANUARY 1, 2025, THERE IS CREATED THE13
357+STATE MEDICAL ASSISTANCE PROGRAM REFERRED TO IN THIS SECTION AS14
358+"
359+STATE MEDICAL ASSISTANCE". STATE MEDICAL ASSISTANCE INCLUDES15
360+ALL BENEFITS AND SERVICES AT THE SAME COST TO THE BENEFICIARY AS16
361+ARE OFFERED PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM DEFINED17
362+IN SECTION 25.5-4-103 (13), SUCH THAT, TO THE MAXIMUM EXTENT18
363+POSSIBLE, ELIGIBLE INDIVIDUALS MUST NOT BE ABLE TO TELL THAT THE19
364+PERSON IS ENROLLED IN A DIFFERENT PROGRAM FROM MEDICAL20
365+ASSISTANCE PURSUANT TO SECTION 25.5-4-103 (13).21
366+(2) A
367+ CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS22
368+ELIGIBLE TO RECEIVE STATE MEDICAL ASSISTANCE IF THE CHILD WOULD BE23
369+ELIGIBLE FOR MEDICAL ASSISTANCE AS DEFINED IN SECTION 25.5-4-10324
370+(13)
371+ BUT IS NOT ELIGIBLE DUE SOLELY TO THE CHILD 'S IMMIGRATION25
372+STATUS.26
373+(3) A
374+ CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS27
375+1289
376+-11- PRESUMPTIVELY ELIGIBLE FOR STATE MEDICAL ASSISTANCE AND WILL1
377+RECEIVE SERVICES SPECIFIED BY STATE LAW ONLY IF A PARENT OR LEGAL2
378+GUARDIAN OF THE CHILD DECLARES ALL PERTINENT INFORMATION3
379+RELATING TO THE CRITERIA OF INCOME AND ASSETS OF THE CHILD 'S4
380+FAMILY.5
381+(4) S
382+TATE MEDICAL ASSISTANCE MUST BE FUNDED BY STATE6
383+FUNDS ONLY, EXCEPT TO THE EXTENT FEDERAL FUNDS ARE MADE7
384+AVAILABLE THROUGH EXPRESS WRITTEN AUTHORIZATION THROUGH A8
385+FEDERAL WAIVER, STATE PLAN AMENDMENT , OR OTHERWISE, BY THE9
386+CENTERS FOR MEDICARE AND MEDICAID SERVICES .10
387+(5) T
388+HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY11
389+FEDERAL APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL12
390+PARTICIPATION IN IMPLEMENTING THIS SECTION .13
391+(6) T
392+O THE MAXIMUM EXTENT ALLOWABLE UNDER FEDERAL LAW ,14
393+THE STATE DEPARTMENT SHALL , USING APPROPRIATE FUNDING, USE THE15
394+SAME INFRASTRUCTURE AND PROVIDER NETWORK TO DELIVER STATE16
395+MEDICAL ASSISTANCE AS IT DOES TO DELIVER MEDICAL ASSISTANCE AS17
396+DEFINED IN SECTION 25.5-4-103 (13).18
397+(7) T
398+HIS SECTION CONSTITUTES STATE AUTHORITY WITHIN THE19
399+MEANING OF 8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON JANUARY20
400+1,
401+ 2022.21
402+(8) (a) DURING ITS 2024 PRESENTATION TO THE JOINT BUDGET22
403+COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE23
404+HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE24
405+HEALTH AND INSURANCE COMMI TTEE OF THE HOUSE OF REPRESENTATIVES,25
406+OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO26
407+SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR27
408+1289
409+-12- ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)1
410+GOVERNMENT ACT", THE STATE DEPARTMENT SHALL REPORT ON ITS2
411+PLANS AND PROGRESS IN IMPLEMENTING STATE MEDICAL ASSISTANCE .3
412+(b) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY4
413+JANUARY THEREAFTER, THE STATE DEPARTMENT, IN ITS PRESENTATION TO5
414+THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS6
415+PRESENTATION TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE7
416+SENATE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF8
417+REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES , AT THE HEARING9
418+HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE10
419+MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT11
420+(SMART) GOVERNMENT ACT", SHALL REPORT ON THE COST SAVINGS AND12
421+HEALTH IMPROVEMENTS ASSOCIATED WITH STATE MEDICAL ASSISTANCE.13
422+25.5-2-105. State children's basic health plan. (1) B
423+EGINNING14 NO LATER THAN JANUARY 1, 2025, THERE IS CREATED THE STATE15
424+CHILDREN'S BASIC HEALTH PLAN. THE STATE CHILDREN'S BASIC HEALTH16
425+PLAN INCLUDES ALL BENEFITS AND SERVICES , AT THE SAME COST TO THE17
426+BENEFICIARY, AS ARE OFFERED PURSUANT TO THE CHILDREN 'S BASIC18
427+HEALTH PLAN IN SECTION 25.5-8-107, SUCH THAT, TO THE MAXIMUM19
428+EXTENT POSSIBLE, ELIGIBLE INDIVIDUALS MUST NOT BE ABLE TO TELL20
429+THAT THEY ARE ENROLLED IN A DIFFERENT PROGRAM FROM THE PLAN21
430+DESCRIBED IN SECTION 25.5-8-107.22
431+(2) A
432+ CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS23
433+ELIGIBLE TO RECEIVE THE STATE CHILDREN'S BASIC HEALTH PLAN IF THE24
434+CHILD WOULD BE ELIGIBLE FOR THE CHILDREN 'S BASIC HEALTH PLAN AS25
435+DESCRIBED IN 25.5-8-107, BUT IS NOT ELIGIBLE DUE SOLELY TO THE26
436+CHILD'S IMMIGRATION STATUS.27
437+1289
438+-13- (3) A CHILD WHO LESS THAN NI NETEEN YEARS OF AGE IS1
439+PRESUMPTIVELY ELIGIBLE FOR THE STATE CHILDREN 'S BASIC HEALTH PLAN2
440+AND WILL RECEIVE SERVICES SPECIFIED BY STATE LAW ONLY IF A PARENT3
441+OR LEGAL GUARDIAN OF THE CHILD DECLARES ALL PERTINENT4
442+INFORMATION RELATING TO THE CRITERIA OF INCOME AND ASSETS OF THE5
443+CHILD'S FAMILY.6
444+(4) T
445+HE STATE CHILDREN'S BASIC HEALTH PLAN MUST BE FUNDED7
446+BY STATE FUNDS ONLY, EXCEPT TO THE EXTENT FEDERAL FUNDS ARE8
447+MADE AVAILABLE THROUGH EXPRESS WRITTEN AUTHORIZATION THROUGH9
448+A FEDERAL WAIVER, STATE PLAN AMENDMENT , OR OTHERWISE, BY THE10
449+CENTERS FOR MEDICARE AND MEDICAID SERVICES .11
450+(5) T
451+HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY12
452+FEDERAL APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL13
453+PARTICIPATION IN IMPLEMENTING THIS SECTION .14
454+(6) T
455+O THE MAXIMUM EXTENT ALLOWABLE UNDER FEDERAL LAW ,15
456+THE STATE DEPARTMENT SHALL , USING APPROPRIATE FUNDING, USE THE16
457+SAME INFRASTRUCTURE AND PROVIDER NETWORK TO DELIVER THE STATE 'S17
458+CHILDREN'S BASIC HEALTH PLAN AS IT DOES TO DELIVER THE CHILDREN 'S18
459+BASIC HEALTH PLAN DESCRIBED IN SECTION 25.5-8-107.19
460+(7) T
461+HIS SECTION CONSTITUTES STATE AUTHORITY WITHIN THE20
462+MEANING OF 8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON JANUARY21
463+1,
464+ 2022.22
465+ (8) (a) DURING ITS 2024 PRESENTATION TO THE JOINT BUDGET23
466+COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE24
467+HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE25
468+HEALTH AND INSURANCE COMMI TTEE OF THE HOUSE OF REPRESENTATIVES,26
469+OR ANY SUCCESSOR COMMITTEES, AT THE HEARING HELD PURSUANT TO27
470+1289
471+-14- SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR1
472+ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)2
473+GOVERNMENT ACT", THE STATE DEPARTMENT SHALL REPORT ON ITS3
474+PLANS AND PROGRESS IN IMPLEMENTING THE STATE BASIC HEALTH PLAN.4
475+(b) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY5
476+JANUARY THEREAFTER, THE STATE DEPARTMENT, IN ITS PRESENTATION TO6
477+THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS7
478+PRESENTATION TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE8
479+SENATE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF9
480+REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, AT THE HEARING10
481+HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE11
482+MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT12
483+(SMART) GOVERNMENT ACT", SHALL REPORT ON THE COST SAVINGS AND13
484+HEALTH IMPROVEMENTS ASSOCIATED WITH THE STATE BASIC HEALTH14
485+PLAN.15
486+SECTION 11. In Colorado Revised Statutes, 25.5-4-103, amend16
487+(10) as follows:17
488+25.5-4-103. Definitions. As used in this article 4 and articles 518
489+and 6 of this title 25.5, unless the context otherwise requires:19
490+(10) "Legal immigrant" "LAWFULLY RESIDING" means an20
491+individual who is not a citizen or national of the United States and who21
492+was lawfully admitted to the United States by the immigration and22
493+naturalization service, or any successor agency, as an actual or23
494+prospective permanent resident or whose extended physical presence in24
495+the United States is known to and allowed by the immigration and25
496+naturalization service, or any successor agency.26
497+SECTION 12. In Colorado Revised Statutes, 25.5-4-201, amend27
498+1289
499+-15- (1) as follows:1
500+25.5-4-201. Cash system of accounting - financial2
501+administration of medical services premiums - medical programs3
502+administered by department of human services - federal4
503+contributions - rules. (1) The state department shall utilize the cash5
504+system of accounting, as enunciated by the governmental accounting6
505+standards board, regardless of the source of revenues involved, for all7
506+activities of the state department relating to the financial administration8
507+of any nonadministrative expenditure that qualifies for federal financial9
508+participation under Title XIX of the federal "Social Security Act", AND10
509+FOR THE ADMINISTRATION OF THE STATE-FUNDED HEALTH AND MEDICAL11
510+CARE PROGRAM, CREATED PURSUANT TO SECTION 25.5-2-104, AND FOR12
511+THE STATE CHILDREN'S BASIC HEALTH PLAN, CREATED PURSUANT TO13
512+SECTION 25.5-2-105, except for expenditures under the program for the14
513+medically indigent, article 3 of this title TITLE 25.5.15
514+SECTION 13. In Colorado Revised Statutes, 25.5-4-301, amend16
515+(13) as follows:17
516+25.5-4-301. Recoveries - overpayments - penalties - interest -18
517+adjustments - liens - review or audit procedures. (13) To the extent19
518+allowable under federal law, the state department shall recover from a20
519+legal immigrant's THE sponsor OF A LAWFULLY RESIDING INDIVIDUAL all21
520+medical assistance paid on behalf of a THE sponsored legal immigrant22
521+LAWFULLY RESIDING INDIVIDUAL who is enrolled in the medical assistance23
522+program.24
523+SECTION 14. In Colorado Revised Statutes, amend 25.5-4-50325
524+as follows:26
525+25.5-4-503. Waiver applications - authorization. (1) The state27
526+1289
527+-16- department is authorized to apply for health insurance flexibility and1
528+accountability waivers that will enable the state to add more flexibility to2
529+Colorado's medicaid program and that will result in a cost-effective3
530+method of providing health-care services to Coloradans.4
531+(2) T
532+HE STATE DEPARTMENT SHALL PURSUE AND , IF APPROVED,5
533+IMPLEMENT A DEMONSTRATION WAIVER THAT AUTHORIZES THE STATE TO6
534+USE FEDERAL MEDICAL ASSISTANCE PAYMENTS AUTHORIZED PURSUANT TO7
535+SECTION 1903(v) OF THE FEDERAL "SOCIAL SECURITY ACT", AS AMENDED,8
536+IN COORDINATION WITH THE DIVISION OF INSURANCE TO ENHANCE OR9
537+EXPAND A STATE-SUBSIDIZED INDIVIDUAL HEALTH COVERAGE PLAN AS10
538+DEFINED IN SECTION 10-16-1203 (15) AND, ONLY IF NEEDED TO MAXIMIZE11
539+FEDERAL FINANCIAL PARTICIPATION, FOR COLORADANS RECEIVING STATE12
540+MEDICAL ASSISTANCE PURSUANT TO SECTION 25.5-2-104 OR 25.5-5-20113
541+(6). TO THE EXTENT SUCH FEDERAL FUNDS ARE USED TO ENHANCE OR14
542+EXPAND A STATE-SUBSIDIZED INDIVIDUAL HEALTH COVERAGE PLAN, AS15
543+DEFINED IN SECTION 10-16-1203 (15), THE HEALTH INSURANCE16
544+AFFORDABILITY ENTERPRISE CREATED PURSUANT TO SECTION 10-16-120417
545+MUST RECEIVE, DEPOSIT INTO THE HEALTH INSURANCE AFFORDABILITY18
546+CASH FUND CREATED IN SECTION 10-16-1206, AND ALLOCATE THE19
547+FEDERAL SHARE OF THE MEDICAL ASSISTANCE PAYMENTS PURSUANT TO20
548+SECTION 10-16-1205 (2), SUBJECT TO ANY CONDITIONS SET FORTH IN THE21
549+APPROVAL OF THE WAIVER.22
550+SECTION 15. In Colorado Revised Statutes, 25.5-5-101, amend23
551+(3) as follows:24
552+25.5-5-101. Mandatory provisions - eligible groups.25
553+(3) Notwithstanding any other provision of this article and articles 4 and26
554+6 of this title TITLE 25.5, as a condition of eligibility for medical27
555+1289
556+-17- assistance under this article ARTICLE 5 and articles 4 and 6 of this title1
557+TITLE 25.5, a legal immigrant PERSON WHO IS LAWFULLY RESIDING IN THE2
558+STATE shall agree to refrain from executing an affidavit of support for the3
559+purpose of sponsoring an alien on or after July 1, 1997, under rules4
560+promulgated by the immigration and naturalization service, or any5
561+successor agency, during the pendency of such legal immigrant's THE6
562+LAWFULLY RESIDING PERSON'S receipt of medical assistance. Nothing in7
563+this subsection (3) shall be construed to affect a legal immigrant's8
564+AFFECTS A LAWFULLY RESIDING PERSON'S eligibility for medical assistance9
565+under this article PURSUANT TO THIS ARTICLE 5 and articles 4 and 6 of this10
566+title TITLE 25.5 based upon such legal immigrant's THE LAWFULLY11
567+RESIDING PERSON'S responsibilities under an affidavit of support entered12
568+into before July 1, 1997.13
569+SECTION 16. In Colorado Revised Statutes, 25.5-5-201, amend14
570+(3), (4) and (4.5)(a); and add (6) as follows:15
571+25.5-5-201. Optional provisions - optional groups. (3) A legal16
572+immigrant LAWFULLY RESIDING PERSON who is receiving medicaid17
573+nursing facility care or home- and community-based services on July 1,18
574+1997, shall MUST continue to receive such services as long as he or she19
575+THE PERSON meets the eligibility requirements other than citizen status.20
576+State general funds may be used to reimburse such care in the event that21
577+federal financial participation is not available.22
578+(4) A pregnant legal immigrant shall be PERSON WHO IS LAWFULLY23
579+RESIDING IS eligible to receive prenatal and medical services for labor and24
580+delivery as long as she MEDICAL ASSISTANCE AS LONG AS THE INDIVIDUAL25
581+meets eligibility requirements other than
582+THOSE RELATED TO citizen OR26
583+IMMIGRATION status. State general funds may be used to reimburse such27
584+1289
585+-18- care in the event that federal financial participation is not available.1
586+(4.5) (a) Subject to the receipt of federal financial participation,2
587+to the maximum extent allowed under federal law, a person who was3
588+eligible for all pregnancy-related and postpartum services under the4
589+medical assistance program for the sixty days following the pregnancy5
590+remains continuously eligible for all services under the medical assistance6
591+program for the twelve-month postpartum period.7
592+(6) (a) B
593+EGINNING
594+NO LATER THAN JANUARY 1, 2025, A PREGNANT8
595+PERSON WHO IS NOT A CITIZEN AND WHO IS NOT ELIGIBLE FOR MEDICAL9
596+ASSISTANCE PURSUANT TO SUBSECTION (4) OF THIS SECTION IS ELIGIBLE TO10
597+RECEIVE MEDICAL ASSISTANCE PURSUANT TO THIS SUBSECTION (6)(a) IF11
598+THE INDIVIDUAL MEETS THE ELIGIBILITY REQUIREMENTS OTHER THAN12
599+THOSE RELATED TO CITIZENSHIP AND IMMIGRATION STATUS .13
261600 (b) A
262-NNUALLY AND UP UNTIL A SURVEY PARTICIPANT 'S CHILD'S
263-THIRD BIRTHDAY
264-, PROVIDE TO EACH PARTICIPANT AT LEAST TWO BRIEF
265-ONLINE QUESTIONNAIRES ON A VARIETY OF HEALTH AND SOCIAL TOPICS
266-,
267-INCLUDING:
268-(I) H
269-OW THE PARTICIPANT FEELS PHYSICALLY AND EMOTIONALLY
270-AFTER HAVING GIVEN BIRTH
271-;
272-(II) T
273-HE PARTICIPANT'S MENTAL HEALTH AND SUBSTANCE USE
274-BEFORE
275-, DURING, AND AFTER PREGNANCY;
276-PAGE 7-HOUSE BILL 22-1289 (III) THE PARTICIPANT'S OPINIONS ON CHILDHOOD VACCINATIONS
277-AND OTHER IMPORTANT HEALTH DECISIONS
278-;
279-(IV) T
280-HE PARTICIPANT'S ABILITY TO TAKE LEAVE FROM WORK ;
281-(V) T
282-HE PARTICIPANT'S ABILITY TO FEED THE PARTICIPANT'S BABY
283-IN THE PARTICIPANT
284-'S PREFERRED WAY;
285-(VI) T
286-HE PARTICIPANT'S EXPERIENCES WITH DOCTORS AND OTHER
287-HEALTH
288--CARE WORKERS DURING AND AFTER PREGNANCY , INCLUDING ANY
289-EXPERIENCES OF DISCRIMINATION
290-; AND
291-(VII) THE PARTICIPANT'S FAMILY'S ACCESS TO HEALTH CARE AND
292-HEALTH SERVICES
293-, INCLUDING BEHAVIORAL HEALTH SERVICES AND ORAL
294-HEALTH SERVICES
295-, AND OTHER RESOURCES NECESSARY FOR THE FAMILY TO
296-BE HAPPY AND HEALTHY
297-.
601+ PREGNANT PERSON WHO IS ELIGIBLE FOR MEDICAL14
602+ASSISTANCE PURSUANT TO THIS SUBSECTION (6) REMAINS CONTINUOUSLY15
603+ELIGIBLE FOR ALL MEDICAL SERVICES PURSUANT TO THE MEDICAL16
604+ASSISTANCE PROGRAM FOR THE TWELVE -MONTH POSTPARTUM
605+PERIOD, SO17
606+LONG AS ELIGIBILITY REMAINS IN EFFECT PURSUANT TO SUBSECTION18
607+(4.5)(a) OF THIS SECTION.19
608+(c) T
609+HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY20
610+FEDERAL APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL21
611+PARTICIPATION IN IMPLEMENTING THIS SUBSECTION (6). BENEFITS FOR22
612+SERVICES OBTAINED PURSUANT TO THIS SUBSECTION (6) MUST BE23
613+PROVIDED WITH ONLY STATE FUNDS IF FEDERAL FINANCIAL PARTICIPATION24
614+IS UNAVAILABLE FOR SUCH SERVICES.25 (d) (I) DURING ITS 2024 PRESENTATION TO THE JOINT BUDGET26
615+COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE27
616+1289
617+-19- HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE1
618+HEALTH AND INSURANCE COMMI TTEE OF THE HOUSE OF REPRESENTATIVES,2
619+OR ANY SUCCESSOR COMMITTEES, AT THE HEARING HELD PURSUANT TO3
620+SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR4
621+ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)5
622+GOVERNMENT ACT", THE STATE DEPARTMENT SHALL REPORT ON ITS6
623+PLANS AND PROGRESS IN IMPLEMENTING THE COVERAGE EXPANSION7
624+CREATED PURSUANT TO THIS SUBSECTION (6).8
625+(II) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY9
626+JANUARY THEREAFTER, THE STATE DEPARTMENT, IN ITS PRESENTATION TO10
627+THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS11
628+PRESENTATION TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE12
629+SENATE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF13
630+REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, AT THE HEARING14
631+HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE15
632+MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT16
633+(SMART) GOVERNMENT ACT", SHALL REPORT ON THE COST SAVINGS AND17
634+HEALTH IMPROVEMENTS ASSOCIATED WITH THE COVERAGE EXPANSION18
635+CREATED PURSUANT TO THIS SUBSECTION (6).19
636+SECTION 17. In Colorado Revised Statutes, 25.5-5-202, add20
637+(1)(y) as follows:21
638+25.5-5-202. Basic services for the categorically needy - optional22
639+services. (1) Subject to the provisions of subsection (2) of this section,23
640+the following are services for which federal financial participation is24
641+available and that Colorado has selected to provide as optional services25
642+under the medical assistance program:26
643+(y) F
644+OR ANY PERINATAL PERSON , COMPREHENSIVE LACTATION27
645+1289
646+-20- SUPPORT SERVICES, LACTATION SUPPLIES AND EQUIPMENT , AND1
647+MAINTENANCE OF MULTI-USER LOANED EQUIPMENT. AN INDIVIDUAL2
648+TRAINED IN ADVANCED LACTATION SUPPORT SHALL PROVIDE THE3
649+LACTATION SUPPORT SERVICES. LACTATION EQUIPMENT MUST INCLUDE A4
650+SINGLE-USER DOUBLE ELECTRIC BREAST PUMP , PUMP PARTS AND PUMP5
651+COLLECTION KIT, AND ACCESS TO A LOANED MULTI-USER HOSPITAL GRADE6
652+ELECTRIC BREAST PUMP ALONG WITH A COMPATIBLE INDIVIDUAL7
653+COLLECTION KIT. INDIVIDUALS MUST HAVE ACCESS TO SINGLE-USER8
654+LACTATION SUPPLIES AND EQUIPMENT PRIOR TO DELIVERY. ACCESS TO9
655+MULTI-USER LOANED BREAST PUMPS SHALL BE AUTHORIZED BY A10
656+HEALTH-CARE PROVIDER. ACCESS TO MULTI-USER LOANED BREAST PUMPS11
657+IS PRIORITIZED FOR INDIVIDUALS WITH PREMATURE, MEDICALLY FRAGILE,12
658+LOW BIRTH WEIGHT INFANTS , AND WITH LACTATION COMPLICATIONS.13
659+INDIVIDUALS CANNOT BE REQUIRED TO ENROLL IN SEPARATE OR14
660+ADDITIONAL PROGRAMS IN ORDER TO RECEIVE COVERED LACTATION15
661+EQUIPMENT OR LACTATION SUPPORT SERVICES .16
662+SECTION 18. In Colorado Revised Statutes, 25.5-5-204, amend17
663+(2) and (2.5) as follows:18
664+25.5-5-204. Presumptive eligibility - pregnant person -19
665+children - long-term care - state plan. (2) (a) A pregnant woman shall20
666+be PERSON IS presumptively eligible for the medical assistance program21
667+and shall receive services specified by federal law only if the woman22
668+PERSON declares all pertinent information relating to the criteria of23
669+income, assets, and status AND, ONLY IF NECESSARY TO ADMINISTER24
670+REIMBURSEMENT FOR SERVICES , STATUS.25
671+(b) A woman shall declare her immigration status unless the26
672+general assembly provides funding for prenatal care services for27
673+1289
674+-21- undocumented residents.1
675+(2.5) A child under the age of eighteen years shall be LESS THAN2
676+NINETEEN YEARS OF AGE IS presumptively eligible for the medical3
677+assistance program and shall receive services specified by federal law4
678+only if a parent or legal guardian of the child declares all pertinent5
679+information relating to the criteria of income, assets, and status AND,6
680+ONLY IF NECESSARY TO ADMINISTER REIMBURSEMENT FOR SERVICES ,7
681+STATUS of the child's family.8
682+SECTION 19. In Colorado Revised Statutes, add 25.5-6-115 as9
683+follows:10
684+25.5-6-115. Notification of federal immigration consequences.11
685+T
686+HE STATE DEPARTMENT SHALL CONSULT WITH STAKEHOLDERS ,12
687+INCLUDING PEOPLE WITH LIVED EXPERIENCE , IMMIGRANTS RIGHTS13
688+ADVOCATES, HEALTH-CARE ADVOCATES, AND IMMIGRATION LAWYERS, TO14
689+PROVIDE CLEAR AND ACCURATE INFORMATION AND REFERRALS15
690+REGARDING CURRENT PUBLIC CHARGE POLICIES .16
691+SECTION 20.
692+ In Colorado Revised Statutes, 25.5-8-103, amend17
693+(4)(a)(I) and (4)(b)(I) as follows:18
694+25.5-8-103. Definitions. As used in this article 8, unless the19
695+context otherwise requires:20
696+(4) "Eligible person" means:21
697+(a) (I) A person who is less than nineteen years of age,
698+WHO IS A22
699+CITIZEN OR MEETS THE IMMIGRATION STATUS REQUIREMENTS SET FORTH23
700+IN SECTION 25.5-8-109 (6) OR 25.5-8-109 (7), whose family income does24
701+not exceed two hundred fifty percent of the federal poverty line, adjusted25
702+for family size,
703+AND WHO IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE26
704+PURSUANT TO ARTICLES 4, 5, AND 6 OF THIS TITLE 25.5.27
705+1289
706+-22- (b) (I) A pregnant woman PERSON WHO IS A CITIZEN OR MEETS THE1
707+IMMIGRATION STATUS REQUIREMENTS SET FORTH IN SECTION 25.5-8-1092
708+(6)
709+ OR 25.5-8-109 (7), whose family income does not exceed two hundred3
710+fifty percent of the federal poverty line, adjusted for family size, and who4
711+is not eligible for medicaid
712+ MEDICAL ASSISTANCE PURSUANT TO ARTICLES5
713+4,
714+ 5, AND 6 OF THIS TITLE 25.5.6
715+SECTION 21.
716+ In Colorado Revised Statutes, 25.5-8-107, repeal7
717+(1)(b); and add (1)(a)(V) and (1)(i) as follows:8
718+25.5-8-107. Duties of the department - schedule of services -9
719+premiums - copayments - subsidies - purchase of childhood10
720+immunizations. (1) In addition to any other duties pursuant to this article11
721+8, the department has the following duties:12
722+(a) (V) I
723+N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTIONS13
724+(1)(a)(I), (1)(a)(II),
725+AND (1)(a)(III) OF THIS SECTION, AND ANY14
726+ADDITIONAL ITEMS APPROVED BY THE MEDICAL SERVICES BOARD , THE15
727+MEDICAL SERVICES BOARD SHALL INCLUDE , FOR ALL PERINATAL PEOPLE,16
728+COMPREHENSIVE LACTATION SUPPORT SERVICES ,
729+ LACTATION SUPPLIES17
730+AND EQUIPMENT, AND MAINTENANCE OF MULTI-USER LOANED EQUIPMENT.18
731+AN INDIVIDUAL TRAINED IN ADVANCED LACTATION SUPPORT SHALL19
732+PROVIDE THE LACTATION SUPPORT SERVICES. LACTATION EQUIPMENT20
733+MUST INCLUDE A SINGLE-USER DOUBLE ELECTRIC BREAST PUMP , PUMP21
734+PARTS AND PUMP COLLECTION KIT, AND ACCESS TO A LOANED MULTI-USER22
735+HOSPITAL GRADE ELECTRIC BREAST PUMP ALONG WITH A COMPATIBLE23
736+INDIVIDUAL COLLECTION KIT. INDIVIDUALS MUST HAVE ACCESS TO24
737+SINGLE-USER LACTATION SUPPLIES AND EQUIPMENT PRIOR TO DELIVERY.25
738+ACCESS TO MULTI-USER LOANED BREAST PUMPS SHALL BE AUTHORIZED BY26
739+A HEALTH-CARE PROVIDER. ACCESS TO MULTI-USER LOANED BREAST27
740+1289
741+-23- PUMPS IS PRIORITIZED FOR INDIVIDUALS WITH PREMATURE, MEDICALLY1
742+FRAGILE, LOW BIRTH WEIGHT INFANTS , AND WITH LACTATION2
743+COMPLICATIONS. INDIVIDUALS CANNOT BE REQUIRED TO ENROLL IN3
744+SEPARATE OR ADDITIONAL PROGRAMS IN ORDER TO RECEIVE COVERED4
745+LACTATION EQUIPMENT OR LACTATION SUPPORT SERVICES .5
746+(b) To design and implement a system of cost sharing with6
747+enrollees using an annual enrollment fee that is based on a sliding fee7
748+scale. The sliding fee scale shall be developed based on the enrollee's8
749+family income; except that no enrollment fee shall be assessed against an9
750+enrollee whose family income is at or below one hundred fifty percent of10
751+the federal poverty line and no enrollment fee shall be assessed against an11
752+enrollee who is a pregnant woman. As permitted by federal and state law,12
753+enrollees in the plan may use funds from a medical savings account to pay13
754+the annual enrollment fee. On or before November 1 of each year, the14
755+department shall submit for approval to the joint budget committee its15
756+annual proposal for cost sharing for the plan based upon a family's16
757+income.17
758+(i) (I) T
759+HE DEPARTMENT SHALL DEVELOP AND IMPLEMENT AN18
760+OUTREACH STRATEGY FOR COLORADANS WHO BECOME ELIGIBLE FOR19
761+HEALTH COVERAGE PURSUANT TO SECTION 25.5-2-104, 25.5-2-105,20
762+25.5-5-201
763+ (6), OR 25.5-8-109 (7). THE STATE DEPARTMENT SHALL WORK21
764+WITH STAKEHOLDERS TO DEVELOP AN OUTREACH STRATEGY THAT22
765+INCLUDES:23
766+(A) F
767+UNDING FOR COMMUNITY -BASED ORGANIZATIONS TO24
768+PARTNER WITH THE DEPARTMENT ON OUTREACH ;25
769+(B) A
770+ METHOD FOR PROVIDING INFORMATION RELATED TO26
771+ELIGIBILITY AND ENROLLMENT THAT CAN BE PROVIDED TO NONPROFIT27
772+1289
773+-24- PARTNERS, SCHOOL DISTRICTS, AND CHARTER SCHOOLS FOR OUTREACH1
774+PURPOSES; AND2
775+(C) A
776+T A MINIMUM, PROVIDING INFORMATION RELATED TO3
777+ELIGIBILITY AND COVERAGE IN ENGLISH, SPANISH, AND IN EACH4
778+LANGUAGE SPOKEN BY AT LEAST TWO -AND-ONE-HALF PERCENT OF THE5
779+POPULATION OF ANY COUNTY WHO SPEAK ENGLISH LESS THAN VERY WELL,6
780+AS DEFINED BY THE UNITED STATES BUREAU OF THE CENSUS AMERICAN7
781+COMMUNITY SURVEY , AND WHO SPEAK THE MINORITY LANGUAGE AT8
782+HOME;9
783+(II)
784+APPROXIMATELY TWELVE AND TWENTY -FOUR MONTHS AFTER10
785+IMPLEMENTATION OF THE STRATEGY REQUIRED PURSUANT TO SUBSECTION11
786+(1)(i)(I)
787+OF THIS SECTION, THE DEPARTMENT SHALL CONVENE12
788+STAKEHOLDERS, INCLUDING DIRECTLY IMPACTED INDIVIDUALS , SERVICE13
789+PROVIDERS, AND ADVOCACY ORGANIZATIONS THAT ARE DIVERSE WITH14
790+REGARD TO RACE , ETHNICITY, IMMIGRATION STATUS , SEXUAL15
791+ORIENTATION, AND GENDER IDENTITY AND WHO ARE AFFECTED BY HIGHER16
792+RATES OF HEALTH DISPARITIES AND INEQUITIES. THE DEPARTMENT SHALL17
793+REPORT ON THE OUTREACH AND ENROLLMENT STRATEGY OUTCOMES ,18
794+INCLUDING ENROLLMENT OF ELIGIBLE PERSONS INTO THESE PROGRAMS19
795+COMPARED TO THOSE PERSONS WHO ARE ELIGIBLE FOR COVERAGE , BUT20
796+NOT ENROLLED.21
797+ 22
798+SECTION 22. In Colorado Revised Statutes, 25.5-8-109, amend23
799+(5.5)(a) and (6); and add (7) as follows:24
800+25.5-8-109. Eligibility - children - pregnant women - repeal.25
801+(5.5) (a) Subject to the receipt of federal financial participation, to the26
802+maximum extent allowed under federal law, a person who was eligible for27
803+1289
804+-25- the plan while pregnant and who remains eligible for all1
805+pregnancy-related and postpartum services under the plan for the sixty2
806+days following the pregnancy remains continuously eligible for all3
807+services under the plan for the twelve-month postpartum period.4
808+(6) (a) Notwithstanding any other provision of law, but subject to5
809+the availability of sufficient appropriations and the receipt of federal6
810+financial participation, the department may SHALL provide benefits under7
811+this article PURSUANT TO THIS ARTICLE 8 to a pregnant woman who is a8
812+qualified alien PERSON WHO IS LAWFULLY RESIDING , AS DEFINED IN9
813+SECTION 25.5-4-103 (10), and a child under LESS THAN nineteen years of10
814+age, who is a qualified alien WHO IS LAWFULLY RESIDING, so long as such11
815+woman PREGNANT PERSON or child meets eligibility criteria other than12
816+citizenship OTHER THAN THOSE RELATED TO CITIZENSHIP OR IMMIGRATION13
817+STATUS.14
818+(7) (a) B
819+EGINNING
820+NO LATER THAN JANUARY 1, 2025,15
821+NOTWITHSTANDING ANY OTHER PROVISION OF LAW , THE DEPARTMENT16
822+SHALL PROVIDE BENEFITS PURSUANT TO THIS ARTICLE 8 TO A PREGNANT17
823+PERSON WHO IS NOT A CITIZEN AND IS NOT ELIGIBLE PURSUANT TO18
824+SUBSECTION (6) OF THIS SECTION, SO LONG AS THE PREGNANT PERSON19
825+MEETS THE ELIGIBILITY CRITERIA OTHER THAN THOSE RELATED TO20
826+CITIZENSHIP OR IMMIGRATION STATUS . ELIGIBILITY PURSUANT TO THIS21
827+SECTION EXTENDS CONTINUOUSLY THROUGH THE TWELVE -MONTH22
828+POSTPARTUM PERIOD, SO LONG AS ELIGIBILITY REMAINS IN EFFECT23
829+PURSUANT TO SUBSECTION (5.5)(a) OF THIS SECTION.24
830+(b) T
831+HE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL25
832+APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL26
833+PARTICIPATION IN IMPLEMENTING THIS SUBSECTION (7).27
834+1289
835+-26- (c) (I) DURING ITS 2024 PRESENTATION TO THE JOINT BUDGET1
836+COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE2
837+HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE3
838+HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES,4
839+OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO5
840+SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR6
841+ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)7
842+GOVERNMENT ACT", THE STATE DEPARTMENT SHALL REPORT ON ITS8
843+PLANS AND PROGRESS IN IMPLEMENTING THE COVERAGE EXPANSION9
844+CREATED PURSUANT TO THIS SUBSECTION (7).10
845+(II) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY11
846+JANUARY THEREAFTER, THE STATE DEPARTMENT, IN ITS PRESENTATION TO12
847+THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS13
848+PRESENTATION TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE14
849+SENATE AND THE HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF15
850+REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, AT THE HEARING16
851+HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE17
852+MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT18
853+(SMART) GOVERNMENT ACT", SHALL REPORT ON THE COST SAVINGS AND19
854+HEALTH IMPROVEMENTS ASSOCIATED WITH THE COVERAGE EXPANSION20
855+CREATED PURSUANT TO THIS SUBSECTION (7).21
856+(d) T
857+HIS SUBSECTION (7) CONSTITUTES STATE AUTHORITY WITHIN22
858+THE MEANING OF 8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON23
859+J
860+ANUARY 1, 2022.24
861+SECTION 23.
862+ In Colorado Revised Statutes, add 25.5-8-109.325
863+as follows:26
864+25.5-8-109.3. Health services initiatives. (1) T
865+O THE EXTENT27
866+1289
867+-27- FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE , THE DEPARTMENT1
868+SHALL DESIGN AND IMPLEMENT HEALTH SERVICE INITIATIVES PURSUANT2
869+TO SECTION 2105(a)(1)(D)(ii) OF THE FEDERAL "SOCIAL SECURITY ACT",3
870+AS AMENDED, TO PROVIDE FUNDING FOR CONTINUOUS ENROLLMENT FOR4
871+THE TWELVE-MONTH POSTPARTUM PERIOD FOR A PERSON WHO IS5
872+ENROLLED IN HEALTH-CARE COVERAGE PURSUANT TO SECTION 25.5-5-2016
873+(6)
874+ OR 25.5-8-109 (7).7
298875 (2) T
299-HE SURVEY MUST BE DESIGNED TO OVERSAMPLE MEMBERS OF
300-GROUPS THAT COMPRISE A SMALL PERCENTAGE OF THE POPULATION AND
301-THAT DISPROPORTIONATELY EXPERIENCE HEALTH INEQUITIES
302-, INCLUDING
303-AFRICAN AMERICANS AND NATIVE AMERICANS, SO THAT DATA ABOUT THE
304-EXPERIENCES OF THESE POPULATIONS CAN BE MADE PUBLIC
305-. PARTICIPANT
306-DATA ABOUT RACE
307-, ETHNICITY, SEXUAL ORIENTATION , AND GENDER
308-IDENTITY MUST BE COLLECTED AND REPORTED IN A MANNER THAT PROTECTS
309-PERSONALLY IDENTIFYING INFORMATION
310-.
311-SECTION 9. In Colorado Revised Statutes, 25.5-2-103, amend
312-(1)(b) as follows:
313-25.5-2-103. Reproductive health-care program - report - rules
314-- definitions. (1) As used in this section, unless the context otherwise
315-requires:
316-(b) "Eligible individual" means an individual with reproductive
317-capacity, regardless of gender, citizenship, or immigration status,
318- who
319-would be eligible to enroll in the medical assistance program, except that
320-the individual is not a citizen of the United States and is not considered an
321-eligible noncitizen pursuant to 8 U.S.C. secs. 1611 and 1612 and section
322-25.5-5-101 (2)(b) AS DESCRIBED IN SECTION 25.5-4-103 (13) BUT IS NOT
323-ELIGIBLE DUE SOLELY TO THE INDIVIDUAL
324-'S IMMIGRATION STATUS, AND WHO
325-PAGE 8-HOUSE BILL 22-1289 IS NOT ELIGIBLE FOR, OR DECLINES TO ENROLL IN , STATE MEDICAL
326-ASSISTANCE
327-, AS DESCRIBED IN SECTION 25.5-2-104.
328-SECTION 10. In Colorado Revised Statutes, add 25.5-2-104 and
329-25.5-2-105 as follows:
330-25.5-2-104. State-funded health and medical care. (1) B
331-EGINNING
332-NO LATER THAN
333-JANUARY 1, 2025, THERE IS CREATED THE STATE MEDICAL
334-ASSISTANCE PROGRAM REFERRED TO IN THIS SECTION AS
335-"STATE MEDICAL
336-ASSISTANCE
337-". STATE MEDICAL ASSISTANCE INCLUDES ALL BENEFITS AND
338-SERVICES AT THE SAME COST TO THE BENEFICIARY AS ARE OFFERED
339-PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM DEFINED IN SECTION
340-25.5-4-103 (13), SUCH THAT, TO THE MAXIMUM EXTENT POSSIBLE, ELIGIBLE
341-INDIVIDUALS MUST NOT BE ABLE TO TELL THAT THE PERSON IS ENROLLED IN
342-A DIFFERENT PROGRAM FROM MEDICAL ASSISTANCE PURSUANT TO SECTION
343-25.5-4-103 (13).
344-(2) A
345- CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS ELIGIBLE
346-TO RECEIVE STATE MEDICAL ASSISTANCE IF THE CHILD WOULD BE ELIGIBLE
347-FOR MEDICAL ASSISTANCE AS DEFINED IN SECTION
348-25.5-4-103 (13) BUT IS
349-NOT ELIGIBLE DUE SOLELY TO THE CHILD
350-'S IMMIGRATION STATUS.
351-(3) A
352- CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS
353-PRESUMPTIVELY ELIGIBLE FOR STATE MEDICAL ASSISTANCE AND WILL
354-RECEIVE SERVICES SPECIFIED BY STATE LAW ONLY IF A PARENT OR LEGAL
355-GUARDIAN OF THE CHILD DECLARES ALL PERTINENT INFORMATION RELATING
356-TO THE CRITERIA OF INCOME AND ASSETS OF THE CHILD
357-'S FAMILY.
358-(4) S
359-TATE MEDICAL ASSISTANCE MUST BE FUNDED BY STATE FUNDS
360-ONLY
361-, EXCEPT TO THE EXTENT FEDERAL FUNDS ARE MADE AVAILABLE
362-THROUGH EXPRESS WRITTEN AUTHORIZATION THR OUGH A FEDERAL WAIVER
363-,
364-STATE PLAN AMENDMENT , OR OTHERWISE, BY THE CENTERS FOR MEDICARE
365-AND MEDICAID SERVICES
366-.
367-(5) T
368-HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
369-APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FI NANCIAL
370-PARTICIPATION IN IMPLEMENTING THIS SECTION
371-.
372-(6) T
373-O THE MAXIMUM EXTENT ALLOWABLE UNDER FEDERAL LAW ,
374-THE STATE DEPARTMENT SHALL , USING APPROPRIATE FUNDING, USE THE
375-PAGE 9-HOUSE BILL 22-1289 SAME INFRASTRUCTURE AND PROVIDER NETWORK TO DELIVER STATE
376-MEDICAL ASSISTANCE AS IT DOES TO DELIVER MEDICAL ASSISTANCE AS
377-DEFINED IN SECTION
378-25.5-4-103 (13).
379-(7) T
380-HIS SECTION CONSTITUTES STATE AUTHORITY WITHIN THE
381-MEANING OF
382-8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON JANUARY 1,
383-2022.
384-(8) (a) D
385-URING ITS 2024 PRESENTATION TO THE JOINT BUDGET
386-COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE
387-HEALTH AND HUMAN SERVICES COMMI TTEE OF THE SENATE AND THE HEALTH
388-AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
389-, OR ANY
390-SUCCESSOR COMMITTEES
391-, AT THE HEARING HELD PURSUANT TO SECTION
392-2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
393-R
394-ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", THE STATE
395-DEPARTMENT SHALL REPORT ON ITS PLANS AND PROGRESS IN IMPLEMENTING
396-STATE MEDICAL ASSISTANCE
397-.
398-(b) B
399-EGINNING JANUARY 1, 2026, AND CONTINUING EVERY JANUARY
400-THEREAFTER
401-, THE STATE DEPARTMENT, IN ITS PRESENTATION TO THE JOINT
402-BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION
403-TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
404-HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
405-,
406-OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO
407-SECTION
408-2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
409-R
410-ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", SHALL
411-REPORT ON THE COST SAVINGS AND HEALTH IMPROVEMENTS ASSOCIATED
412-WITH STATE MEDICAL ASSISTANCE
413-.
414-25.5-2-105. State children's basic health plan. (1) B
415-EGINNING NO
416-LATER THAN
417-JANUARY 1, 2025, THERE IS CREATED THE STATE CHILDREN 'S
418-BASIC HEALTH PLAN
419-. THE STATE CHILDREN'S BASIC HEALTH PLAN INCLUDES
420-ALL BENEFITS AND SERVICES
421-, AT THE SAME COST TO THE BENEFICIARY, AS
422-ARE OFFERED PURSUANT TO THE CHILDREN
423-'S BASIC HEALTH PLAN IN SECTION
424-25.5-8-107, SUCH THAT, TO THE MAXIMUM EXTENT POSSIBLE , ELIGIBLE
425-INDIVIDUALS MUST NOT BE ABLE TO TELL THAT THEY ARE ENROLLED IN A
426-DIFFERENT PROGRAM FROM THE PLAN DESCRIBED IN SECTION
427-25.5-8-107.
428-(2) A
429- CHILD WHO IS LESS THAN NINETEEN YEARS OF AGE IS ELIGIBLE
430-TO RECEIVE THE STATE CHILDREN
431-'S BASIC HEALTH PLAN IF THE CHILD WOULD
432-PAGE 10-HOUSE BILL 22-1289 BE ELIGIBLE FOR THE CHILDREN'S BASIC HEALTH PLAN AS DESCRIBED IN
433-25.5-8-107, BUT IS NOT ELIGIBLE DUE SOLELY TO THE CHILD'S IMMIGRATION
434-STATUS
435-.
436-(3) A
437- CHILD WHO LESS THAN NI NETEEN YEARS OF AGE IS
438-PRESUMPTIVELY ELIGIBLE FOR THE STATE CHILDREN
439-'S BASIC HEALTH PLAN
440-AND WILL RECEIVE SERVICES SPECIFIED BY STATE LAW ONLY IF A PARENT OR
441-LEGAL GUARDIAN OF THE CHILD DECLARES ALL PERTINENT INFORMATION
442-RELATING TO THE CRITERIA OF INCOME AND ASSETS OF THE CHILD
443-'S FAMILY.
444-(4) T
445-HE STATE CHILDREN'S BASIC HEALTH PLAN MUST BE FUNDED BY
446-STATE FUNDS ONLY
447-, EXCEPT TO THE EXTENT FEDERAL FUNDS ARE MADE
448-AVAILABLE THROUGH EXPRESS WRITTEN AUTHORIZATION THROUGH A
449-FEDERAL WAIVER
450-, STATE PLAN AMENDMENT , OR OTHERWISE, BY THE
451-CENTERS FOR MEDICARE AND MEDICAID SERVICES
452-.
453-(5) T
454-HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
455-APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL
456-PARTICIPATION IN IMPLEMENTING THIS SECTION
457-.
458-(6) T
459-O THE MAXIMUM EXTENT ALLOWABLE UNDER FEDERAL LAW ,
460-THE STATE DEPARTMENT SHALL , USING APPROPRIATE FUNDING, USE THE
461-SAME INFRASTRUCTURE AND PROVIDER NETWORK TO DELIVER THE STATE
462-'S
463-CHILDREN
464-'S BASIC HEALTH PLAN AS IT DOES TO DELIVER THE CHILDREN 'S
465-BASIC HEALTH PLAN DESCRIBED IN SECTION
466-25.5-8-107.
467-(7) T
468-HIS SECTION CONSTITUTES STATE AUTHORITY WITHIN THE
469-MEANING OF
470-8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON JANUARY 1,
471-2022.
472-(8) (a) D
473-URING ITS 2024 PRESENTATION TO THE JOINT BUDGET
474-COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE
475-HEALTH AND HUMAN SERVICES COMMI TTEE OF THE SENATE AND THE HEALTH
476-AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
477-, OR ANY
478-SUCCESSOR COMMITTEES
479-, AT THE HEARING HELD PURSUANT TO SECTION
480-2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
481-R
482-ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", THE STATE
483-DEPARTMENT SHALL REPORT ON ITS PLANS AND PROGRESS IN IMPLEMENTING
484-THE STATE BASIC HEALTH PLAN
485-.
486-PAGE 11-HOUSE BILL 22-1289 (b) BEGINNING JANUARY 1, 2026, AND CONTINUING EVERY JANUARY
487-THEREAFTER
488-, THE STATE DEPARTMENT, IN ITS PRESENTATION TO THE JOINT
489-BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION
490-TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
491-HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
492-,
493-OR ANY SUCCESSOR COMMI TTEES , AT THE HEARING HELD PURSUANT TO
494-SECTION
495-2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
496-R
497-ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", SHALL
498-REPORT ON THE COST SAVINGS AND HEALTH IMPROVEMENTS ASSOCIATED
499-WITH THE STATE BASIC HEALTH PLAN
500-.
501-SECTION 11. In Colorado Revised Statutes, 25.5-4-103, amend
502-(10) as follows:
503-25.5-4-103. Definitions. As used in this article 4 and articles 5 and
504-6 of this title 25.5, unless the context otherwise requires:
505-(10) "Legal immigrant"
506- "LAWFULLY RESIDING" means an individual
507-who is not a citizen or national of the United States and who was lawfully
508-admitted to the United States by the immigration and naturalization service,
509-or any successor agency, as an actual or prospective permanent resident or
510-whose extended physical presence in the United States is known to and
511-allowed by the immigration and naturalization service, or any successor
512-agency.
513-SECTION 12. In Colorado Revised Statutes, 25.5-4-201, amend
514-(1) as follows:
515-25.5-4-201. Cash system of accounting - financial administration
516-of medical services premiums - medical programs administered by
517-department of human services - federal contributions - rules. (1) The
518-state department shall utilize the cash system of accounting, as enunciated
519-by the governmental accounting standards board, regardless of the source
520-of revenues involved, for all activities of the state department relating to the
521-financial administration of any nonadministrative expenditure that qualifies
522-for federal financial participation under Title XIX of the federal "Social
523-Security Act",
524-AND FOR THE ADMINISTRATION OF THE STATE -FUNDED
525-HEALTH AND MEDICAL CARE PROGRAM
526-, CREATED PURSUANT TO SECTION
527-25.5-2-104, AND FOR THE STATE CHILDREN'S BASIC HEALTH PLAN, CREATED
528-PURSUANT TO SECTION
529-25.5-2-105, except for expenditures under the
530-PAGE 12-HOUSE BILL 22-1289 program for the medically indigent, article 3 of this title TITLE 25.5.
531-SECTION 13. In Colorado Revised Statutes, 25.5-4-301, amend
532-(13) as follows:
533-25.5-4-301. Recoveries - overpayments - penalties - interest -
534-adjustments - liens - review or audit procedures. (13) To the extent
535-allowable under federal law, the state department shall recover from a legal
536-immigrant's THE sponsor OF A LAWFULLY RESIDING INDIVIDUAL all medical
537-assistance paid on behalf of a THE sponsored legal immigrant LAWFULLY
538-RESIDING INDIVIDUAL
539- who is enrolled in the medical assistance program.
540-SECTION 14. In Colorado Revised Statutes, amend 25.5-4-503 as
541-follows:
542-25.5-4-503. Waiver applications - authorization. (1) The state
543-department is authorized to apply for health insurance flexibility and
544-accountability waivers that will enable the state to add more flexibility to
545-Colorado's medicaid program and that will result in a cost-effective method
546-of providing health-care services to Coloradans.
547-(2) T
548-HE STATE DEPARTMENT SHALL PURSUE AND , IF APPROVED,
549-IMPLEMENT A DEMONSTRATION WAIVER THAT AUTHORIZES THE STATE TO
550-USE FEDERAL MEDICAL ASSISTANCE PAYMENTS AUTHORIZED PURSUANT TO
551-SECTION
552- 1903(v) OF THE FEDERAL "SOCIAL SECURITY ACT", AS AMENDED,
553-IN COORDINATION WITH THE DIVISION OF INSURANCE TO ENHANCE OR
554-EXPAND A STATE
555--SUBSIDIZED INDIVIDUAL HEALTH COVERAGE PLAN AS
556-DEFINED IN SECTION
557-10-16-1203 (15) AND, ONLY IF NEEDED TO MAXIMIZE
558-FEDERAL FINANCIAL PARTICIPATION
559-, FOR COLORADANS RECEIVING STATE
560-MEDICAL ASSISTANCE PURSUANT TO SECTION
561-25.5-2-104 OR 25.5-5-201 (6).
562-T
563-O THE EXTENT SUCH FEDERAL FUNDS ARE USED TO ENHANCE OR EXPAND
564-A STATE
565--SUBSIDIZED INDIVIDUAL HEALTH COVERAGE PLAN , AS DEFINED IN
566-SECTION
567-10-16-1203 (15), THE HEALTH INSURANCE AFFORDABILITY
568-ENTERPRISE CREATED PURSUANT TO SECTION
569-10-16-1204 MUST RECEIVE,
570-DEPOSIT INTO THE HEALTH INSURANCE AFFORDABILITY CASH FUND CREATED
571-IN SECTION
572-10-16-1206, AND ALLOCATE THE FEDERAL SHARE OF THE
573-MEDICAL ASSISTANCE PAYMENTS PURSUANT TO SECTION
574-10-16-1205 (2),
575-SUBJECT TO ANY CONDITIONS SET FORTH IN THE APPROVAL OF THE WAIVER .
576-SECTION 15. In Colorado Revised Statutes, 25.5-5-101, amend
577-PAGE 13-HOUSE BILL 22-1289 (3) as follows:
578-25.5-5-101. Mandatory provisions - eligible groups.
579-(3) Notwithstanding any other provision of this article and articles 4 and 6
580-of this title TITLE 25.5, as a condition of eligibility for medical assistance
581-under this article ARTICLE 5 and articles 4 and 6 of this title TITLE 25.5, a
582-legal immigrant PERSON WHO IS LAWFULLY RESIDING IN THE STATE shall
583-agree to refrain from executing an affidavit of support for the purpose of
584-sponsoring an alien on or after July 1, 1997, under rules promulgated by the
585-immigration and naturalization service, or any successor agency, during the
586-pendency of such legal immigrant's
587- THE LAWFULLY RESIDING PERSON 'S
588-receipt of medical assistance. Nothing in this subsection (3) shall be
589-construed to affect a legal immigrant's AFFECTS A LAWFULLY RESIDING
590-PERSON
591-'S eligibility for medical assistance under this article
592- PURSUANT TO
593-THIS ARTICLE
594-5 and articles 4 and 6 of this title
595- TITLE 25.5 based upon such
596-legal immigrant's THE LAWFULLY RESIDING PERSON'S responsibilities under
597-an affidavit of support entered into before July 1, 1997.
598-SECTION 16. In Colorado Revised Statutes, 25.5-5-201, amend
599-(3), (4), and (4.5)(a); and add (6) as follows:
600-25.5-5-201. Optional provisions - optional groups. (3) A legal
601-immigrant LAWFULLY RESIDING PERSON who is receiving medicaid nursing
602-facility care or home- and community-based services on July 1, 1997, shall
603-MUST continue to receive such services as long as he or she THE PERSON
604-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.
605-(4) A pregnant legal immigrant shall be
606- PERSON WHO IS LAWFULLY
607-RESIDING IS
608- eligible to receive prenatal and medical services for labor anddelivery as long as she MEDICAL ASSISTANCE AS LONG AS THE INDIVIDUAL
609-meets eligibility requirements other than THOSE RELATED TO citizen OR
610-IMMIGRATION
611- status. State general funds may be used to reimburse such
612-care in the event that federal financial participation is not available.
613-(4.5) (a) Subject to the receipt of federal financial participation, to
614-the maximum extent allowed under federal law, a person who was eligible
615-for all pregnancy-related and postpartum services under
616- the medical
617-assistance program for the sixty days following the pregnancy remains
618-PAGE 14-HOUSE BILL 22-1289 continuously eligible for all services under the medical assistance program
619-for the twelve-month postpartum period.
620-(6) (a) B
621-EGINNING NO LATER THAN JANUARY 1, 2025, A PREGNANT
622-PERSON WHO IS NOT A CITIZEN AND WHO IS NOT ELIGIBLE FOR MEDICAL
623-ASSISTANCE PURSUANT TO SUBSECTION
624-(4) OF THIS SECTION IS ELIGIBLE TO
625-RECEIVE MEDICAL ASSISTANCE PURSUANT TO THIS SUBSECTION
626- (6)(a) IF THE
627-INDIVIDUAL MEETS THE ELIGIBILIT Y REQUIREMENTS OT HER THAN THOSE
628-RELATED TO CITIZENSHIP AND IMMIGRATION STATUS
629-.
630-(b) A
631- PREGNANT PERSON WHO IS ELIGIBLE FOR MEDICAL ASSISTANCE
632-PURSUANT TO THIS SUBSECTION
633-(6) REMAINS CONTINUOUSLY ELIGIBLE FOR
634-ALL MEDICAL SERVICES PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM
635-FOR THE TWELVE
636--MONTH POSTPARTUM PERIOD , SO LONG AS ELIGIBILITY
637-REMAINS IN EFFECT PURSUANT TO SUBSECTION
638- (4.5)(a) OF THIS SECTION.
639-(c) T
640-HE STATE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
641-APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FINANCIAL
642-PARTICIPATION IN IMPLEMENTING THIS SUBSECTION
643-(6). BENEFITS FOR
644-SERVICES OBTAINED PURSUANT TO THIS SUBSECTION
645-(6) MUST BE PROVIDED
646-WITH ONLY STATE FUNDS IF FEDERAL FI NANCIAL PARTICIPATION IS
647-UNAVAILABLE FOR SUCH SERVICES
648-.
649-(d) (I) D
650-URING ITS 2024 PRESENTATION TO THE JOINT BUDGET
651-COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE
652-HEALTH AND HUMAN SERVICES COMMI TTEE OF THE SENATE AND THE HEALTH
653-AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
654-, OR ANY
655-SUCCESSOR COMMITTEES
656-, AT THE HEARING HELD PURSUANT TO SECTION
657-2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
658-R
659-ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", THE STATE
660-DEPARTMENT SHALL REPORT ON ITS PLANS AND PROGRESS IN IMPLEMENTING
661-THE COVERAGE EXPANSION CREATED PURSUANT TO THIS SUBSECTION
662-(6).
663-(II) B
664-EGINNING JANUARY 1, 2026, AND CONTINUING EVERY JANUARY
665-THEREAFTER
666-, THE STATE DEPARTMENT, IN ITS PRESENTATION TO THE JOINT
667-BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION
668-TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
669-HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
670-,
671-OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO
672-SECTION
673-2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
674-PAGE 15-HOUSE BILL 22-1289 RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", SHALL
675-REPORT ON THE COST SAVINGS AND HEALTH IMPROVEMENTS ASSOCIATED
676-WITH THE COVERAGE EXPANSION CREATED PURSUANT TO THIS SUBSECTION
677-(6).
678-SECTION 17. In Colorado Revised Statutes, 25.5-5-202, add (1)(y)
679-as follows:
680-25.5-5-202. Basic services for the categorically needy - optional
681-services. (1) Subject to the provisions of subsection (2) of this section, the
682-following are services for which federal financial participation is available
683-and that Colorado has selected to provide as optional services under the
684-medical assistance program:
685-(y) F
686-OR ANY PERINATAL PERSON , COMPREHENSIVE LACTATION
687-SUPPORT SERVICES
688-, LACTATION SUPPLIES AND EQUIPMENT , AND
689-MAINTENANCE OF MULTI
690--USER LOANED EQUIPMENT . AN INDIVIDUAL
691-TRAINED IN ADVANCED LACTATION SUPPORT SHALL PROVIDE THE LACTATION
692-SUPPORT SERVICES
693-. LACTATION EQUIPMENT MUST INCLUDE A SINGLE -USER
694-DOUBLE ELECTRIC BREAST PUMP
695-, PUMP PARTS AND PUMP COLLECTION KIT ,
696-AND ACCESS TO A LOANED MULTI-USER HOSPITAL GRADE ELECTRIC BREAST
697-PUMP ALONG WITH A COMPATIBLE INDIVIDUAL COLLECTION KIT
698-.
699-I
700-NDIVIDUALS MUST HAVE ACCESS TO SINGLE-USER LACTATION SUPPLIES AND
701-EQUIPMENT PRIOR TO DELIVERY
702-. ACCESS TO MULTI-USER LOANED BREAST
703-PUMPS SHALL BE AUTHORIZED BY A HEALTH
704--CARE PROVIDER. ACCESS TO
705-MULTI
706--USER LOANED BREAST PUMPS IS PRIORITIZED FOR INDIVIDUALS WITH
707-PREMATURE
708-, MEDICALLY FRAGILE, LOW BIRTH WEIGHT INFANTS, AND WITH
709-LACTATION COMPLICATIONS
710-. INDIVIDUALS CANNOT BE REQUIRED TO ENROLL
711-IN SEPARATE OR ADDITIONAL PROGRAMS IN ORDER TO RECEIVE COVERED
712-LACTATION EQUIPMENT OR LACTATION SUPPORT SERVICES
713-.
714-SECTION 18. In Colorado Revised Statutes, 25.5-5-204, amend
715-(2) and (2.5) as follows:
716-25.5-5-204. Presumptive eligibility - pregnant person - children
717-- long-term care - state plan. (2) (a) A pregnant woman shall be
718- PERSON
719-IS
720- presumptively eligible for the medical assistance program and shall
721-receive services specified by federal law only if the woman
722- PERSON declares
723-all pertinent information relating to the criteria of income, assets, and status
724-AND, ONLY IF NECESSARY TO ADMINISTER REIMBURSEMENT FOR SERVICES ,
725-PAGE 16-HOUSE BILL 22-1289 STATUS.
726-(b) A woman shall declare her immigration status unless the general
727-assembly provides funding for prenatal care services for undocumented
728-residents.
729-(2.5) A child under the age of eighteen years shall be LESS THAN
730-NINETEEN YEARS OF AGE IS
731- presumptively eligible for the medical assistance
732-program and shall receive services specified by federal law only if a parent
733-or legal guardian of the child declares all pertinent information relating to
734-the criteria of income, assets, and status
735- AND, ONLY IF NECESSARY TO
736-ADMINISTER REIMBURSEMENT FOR SERVICES
737-, STATUS of the child's family.
738-SECTION 19. In Colorado Revised Statutes, add 25.5-6-115 as
739-follows:
740-25.5-6-115. Notification of federal immigration consequences.
741-T
742-HE STATE DEPARTMENT SHALL CONSULT WITH STAKEHOLDERS , INCLUDING
743-PEOPLE WITH LIVED EXPERIENCE
744-, IMMIGRANTS RIGHTS ADVOCATES ,
745-HEALTH-CARE ADVOCATES, AND IMMIGRATION LAWYERS, TO PROVIDE CLEAR
746-AND ACCURATE INFORMATION AND REFERRALS REGARDING CURRENT PUBLIC
747-CHARGE POLICIES
748-.
749-SECTION 20. In Colorado Revised Statutes, 25.5-8-103, amend
750-(4)(a)(I) and (4)(b)(I) as follows:
751-25.5-8-103. Definitions. As used in this article 8, unless the context
752-otherwise requires:
753-(4) "Eligible person" means:
754-(a) (I) A person who is less than nineteen years of age,
755-WHO IS A
756-CITIZEN OR MEETS THE IMMIGRATION STATUS REQUIREMENTS SET FORTH IN
757-SECTION
758-25.5-8-109 (6) OR 25.5-8-109 (7), whose family income does not
759-exceed two hundred fifty percent of the federal poverty line, adjusted for
760-family size,
761-AND WHO IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT
762-TO ARTICLES
763-4, 5, AND 6 OF THIS TITLE 25.5.
764-(b) (I) A pregnant woman
765- PERSON WHO IS A CITIZEN OR MEETS THE
766-IMMIGRATION STATUS REQUIREMENTS SET FORTH IN SECTION
767-25.5-8-109 (6)
768-PAGE 17-HOUSE BILL 22-1289 OR 25.5-8-109 (7), whose family income does not exceed two hundred fifty
769-percent of the federal poverty line, adjusted for family size, and who is not
770-eligible for medicaid
771- MEDICAL ASSISTANCE PURSUANT TO ARTICLES 4, 5,
772-AND 6 OF THIS TITLE 25.5.
773-SECTION 21. In Colorado Revised Statutes, 25.5-8-107, repeal
774-(1)(b); and add (1)(a)(V) and (1)(i) as follows:
775-25.5-8-107. Duties of the department - schedule of services -
776-premiums - copayments - subsidies - purchase of childhood
777-immunizations. (1) In addition to any other duties pursuant to this article
778-8, the department has the following duties:
779-(a) (V) I
780-N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTIONS
781-(1)(a)(I), (1)(a)(II), AND (1)(a)(III) OF THIS SECTION, AND ANY ADDITIONAL
782-ITEMS APPROVED BY THE MEDICAL SERVICES BOARD
783-, THE MEDICAL SERVICES
784-BOARD SHALL INCLUDE
785-, FOR ALL PERINATAL PEOPLE , COMPREHENSIVE
786-LACTATION SUPPORT SERVICES
787-, LACTATION SUPPLIES AND EQUIPMENT, AND
788-MAINTENANCE OF MULTI
789--USER LOANED EQUIPMENT . AN INDIVIDUAL
790-TRAINED IN ADVANCED LACTATION SUPPORT SHALL PROVIDE THE LACTATION
791-SUPPORT SERVICES
792-. LACTATION EQUIPMENT MUST INCLUDE A SINGLE -USER
793-DOUBLE ELECTRIC BREAST PUMP
794-, PUMP PARTS AND PUMP COLLECTION KIT ,
795-AND ACCESS TO A LOANED MULTI-USER HOSPITAL GRADE ELECTRIC BREAST
796-PUMP ALONG WITH A COMPATIBLE INDIVIDUAL COLLECTION KIT
797-.
798-I
799-NDIVIDUALS MUST HAVE ACCESS TO SINGLE-USER LACTATION SUPPLIES AND
800-EQUIPMENT PRIOR TO DELIVERY
801-. ACCESS TO MULTI-USER LOANED BREAST
802-PUMPS SHALL BE AUTHORIZED BY A HEALTH
803--CARE PROVIDER. ACCESS TO
804-MULTI
805--USER LOANED BREAST PUMPS IS PRIORITIZED FOR INDIVIDUALS WITH
806-PREMATURE
807-, MEDICALLY FRAGILE, LOW BIRTH WEIGHT INFANTS, AND WITH
808-LACTATION COMPLICATIONS
809-. INDIVIDUALS CANNOT BE REQUIRED TO ENROLL
810-IN SEPARATE OR ADDITIONAL PROGRAMS IN ORDER TO RECEIVE COVERED
811-LACTATION EQUIPMENT OR LACTATION SUPPORT SERVICES
812-.
813-(b) To design and implement a system of cost sharing with enrollees
814-using an annual enrollment fee that is based on a sliding fee scale. The
815-sliding fee scale shall be developed based on the enrollee's family income;
816-except that no enrollment fee shall be assessed against an enrollee whose
817-family income is at or below one hundred fifty percent of the federal
818-poverty line and no enrollment fee shall be assessed against an enrollee who
819-is a pregnant woman. As permitted by federal and state law, enrollees in the
820-PAGE 18-HOUSE BILL 22-1289 plan may use funds from a medical savings account to pay the annual
821-enrollment fee. On or before November 1 of each year, the department shall
822-submit for approval to the joint budget committee its annual proposal for
823-cost sharing for the plan based upon a family's income.
824-(i) (I) THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT AN
825-OUTREACH STRATEGY FOR
826-COLORADANS WHO BECOME ELIGIBLE FOR
827-HEALTH COVERAGE PURSUANT TO SECTION
828-25.5-2-104, 25.5-2-105,
829-25.5-5-201
830- (6), OR 25.5-8-109 (7). THE STATE DEPARTMENT SHALL WORK
831-WITH STAKEHOLDERS TO DEVELOP AN OUTREACH STRATEGY THAT INCLUDES
832-:
833-(A) F
834-UNDING FOR COMMUNITY-BASED ORGANIZATIONS TO PARTNER
835-WITH THE DEPARTMENT ON OUTREACH
836-;
837-(B) A
838- METHOD FOR PROVIDING INFORMATION RELATED TO
839-ELIGIBILITY AND ENROLLMENT THAT CAN BE PROVIDED TO NONPROFIT
840-PARTNERS
841-, SCHOOL DISTRICTS, AND CHARTER SCHOOLS FOR OUTREACH
842-PURPOSES
843-; AND
844-(C) AT A MINIMUM, PROVIDING INFORMATION RELATED TO
845-ELIGIBILITY AND COVERAGE IN
846-ENGLISH, SPANISH, AND IN EACH LANGUAGE
847-SPOKEN BY AT LEAST TWO
848--AND-ONE-HALF PERCENT OF THE POPULATION OF
849-ANY COUNTY WHO SPEAK
850-ENGLISH LESS THAN VERY WELL, AS DEFINED BY
851-THE
852-UNITED STATES BUREAU OF THE CENSUS AMERICAN COMMUNITY
853-SURVEY
854-, AND WHO SPEAK THE MINORITY LANGUAGE AT HOME ;
855-(II) A
856-PPROXIMATELY TWELVE AND TWENTY -FOUR MONTHS AFTER
857-IMPLEMENTATION OF THE STRATEGY REQUIRED PURSUANT TO SUBSECTION
858-(1)(i)(I) OF THIS SECTION , THE DEPARTMENT SHALL CONVENE
859-STAKEHOLDERS
860-, INCLUDING DIRECTLY IMPACTED INDIVIDUALS , SERVICE
861-PROVIDERS
862-, AND ADVOCACY ORGANIZATIONS THAT ARE DIVERSE WITH
863-REGARD TO RACE
864-, ETHNICITY, IMMIGRATION STATUS, SEXUAL ORIENTATION,
865-AND GENDER IDENTITY AND WHO ARE AFFECTED BY HIGHER RATES OF
866-HEALTH DISPARITIES AND INEQUITIES
867-. THE DEPARTMENT SHALL REPORT ON
868-THE OUTREACH AND ENROLLMENT STRATEGY OUTCOMES
869-, INCLUDING
870-ENROLLMENT OF ELIGIBLE PERSONS INTO THESE PROGRAMS COMPARED TO
871-THOSE PERSONS WHO ARE ELIGIBLE FOR COVERAGE
872-, BUT NOT ENROLLED.
873-SECTION 22. In Colorado Revised Statutes, 25.5-8-109, amend
874-(5.5)(a) and (6); and add (7) as follows:
875-PAGE 19-HOUSE BILL 22-1289 25.5-8-109. Eligibility - children - pregnant women - repeal.
876-(5.5) (a) Subject to the receipt of federal financial participation, to the
877-maximum extent allowed under federal law, a person who was eligible for
878-the plan while pregnant and who remains eligible for all pregnancy-related
879-and postpartum services under the plan for the sixty days following the
880-pregnancy remains continuously eligible for all services under the plan for
881-the twelve-month postpartum period.
882-(6) (a) Notwithstanding any other provision of law, but subject to
883-the availability of sufficient appropriations and
884- the receipt of federal
885-financial participation, the department may SHALL provide benefits under
886-this article PURSUANT TO THIS ARTICLE 8 to a pregnant woman who is a
887-qualified alien PERSON WHO IS LAWFULLY RESIDING, AS DEFINED IN SECTION
888-25.5-4-103 (10), and a child under LESS THAN nineteen years of age, who is
889-a qualified alien WHO IS LAWFULLY RESIDING , so long as such woman
890-PREGNANT PERSON or child meets eligibility criteria other than citizenship
891-OTHER THAN THOSE RELATED TO CITIZENSHIP OR IMMIGRATION STATUS .
892-(7) (a) B
893-EGINNING NO LATER THAN JANUARY 1, 2025,
894-NOTWITHSTANDING ANY OTHER PROVISION OF LAW , THE DEPARTMENT SHALL
895-PROVIDE BENEFITS PURSUANT TO THIS ARTICLE
896-8 TO A PREGNANT PERSON
897-WHO IS NOT A CITIZEN AND IS NOT ELIGIBLE PURSUANT TO SUBSECTION
898-(6)
899-OF THIS SECTION, SO LONG AS THE PREGNANT PERSON MEETS THE ELIGIBILITY
900-CRITERIA OTHER THAN THOSE RELATED TO CITIZENSHIP OR IMMIGRATION
901-STATUS
902-. ELIGIBILITY PURSUANT TO THIS SECTION EXTENDS CONTINUOUSLY
903-THROUGH THE TWELVE
904--MONTH POSTPARTUM PERIOD , SO LONG AS
905-ELIGIBILITY REMAINS IN EFFECT PURSUANT TO SUBSECTION
906- (5.5)(a) OF THIS
907-SECTION
908-.
909-(b) T
910-HE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
911-APPROVALS TO MAXIMIZE ANY AVAILABLE FEDERAL FI NANCIAL
912-PARTICIPATION IN IMPLEMENTING THIS SUBSECTION
913-(7).
914-(c) (I) D
915-URING ITS 2024 PRESENTATION TO THE JOINT BUDGET
916-COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION TO THE
917-HEALTH AND HUMAN SERVICES COMMI TTEE OF THE SENATE AND THE HEALTH
918-AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
919-, OR ANY
920-SUCCESSOR COMMITTEES
921-, AT THE HEARING HELD PURSUANT TO SECTION
922-2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
923-R
924-ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", THE STATE
925-PAGE 20-HOUSE BILL 22-1289 DEPARTMENT SHALL REPORT ON ITS PLANS AND PROGRESS IN IMPLEMENTING
926-THE COVERAGE EXPANSION CREATED PURSUANT TO THIS SUBSECTION
927-(7).
928-(II) B
929-EGINNING JANUARY 1, 2026, AND CONTINUING EVERY JANUARY
930-THEREAFTER
931-, THE STATE DEPARTMENT, IN ITS PRESENTATION TO THE JOINT
932-BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN ITS PRESENTATION
933-TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
934-HEALTH AND INSURANCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
935-,
936-OR ANY SUCCESSOR COMMITTEES , AT THE HEARING HELD PURSUANT TO
937-SECTION
938-2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
939-R
940-ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", SHALL
941-REPORT ON THE COST SAVINGS AND HEALTH IMPROVEMENTS ASSOCIATED
942-WITH THE COVERAGE EXPANSION CREATED PURSUANT TO THIS SUBSECTION
943-(7).
944-(d) T
945-HIS SUBSECTION (7) CONSTITUTES STATE AUTHORITY WITHIN
946-THE MEANING OF
947-8 U.S.C. SEC. 1621 (d), AS THAT LAW EXISTED ON
948-JANUARY 1, 2022.
949-SECTION 23. In Colorado Revised Statutes, add 25.5-8-109.3 as
950-follows:
951-25.5-8-109.3. Health services initiatives. (1) T
952-O THE EXTENT
953-FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE
954-, THE DEPARTMENT SHALL
955-DESIGN AND IMPLEMENT HEALTH SERVICE INITIATIVES PURSUANT TO
956-SECTION
957- 2105(a)(1)(D)(ii) OF THE FEDERAL "SOCIAL SECURITY ACT", AS
958-AMENDED
959-, TO PROVIDE FUNDING FOR CONTINUOUS ENROLLMENT FOR THE
960-TWELVE
961--MONTH POSTPARTUM PERIOD FOR A PERSON WHO IS ENROLLED IN
962-HEALTH
963--CARE COVERAGE PURSUANT TO SECTION 25.5-5-201 (6) OR
964-25.5-8-109 (7).
965-(2) T
966-O THE EXTENT ADDITIONAL FEDERAL FINANCIAL PARTICIPATION
967-IS AVAILABLE
968-, THE DEPARTMENT SHALL ESTABLISH A STAKEHOLDER
969-PROCESS IN COLLABORATION WITH DEPARTMENT STAFF TO DETERMINE
970-ADDITIONAL PRIORITIES AND BUDGET ALLOCATIONS THAT DRAW DOWN AT
971-LEAST FIFTY PERCENT OF THE REMAINING HEALTH SERVICES INITIATIVE
972-FUNDS TO EXPAND ACCESS TO PERINATAL AND POSTPARTUM SUPPORTS
973-. THE
974-DEPARTMENT SHALL REPORT ON THE ESTABLISHED PRIORITIES AND BUDGET
975-ALLOCATIONS AND THE WAYS IN WHICH THEY ARE INCLUSIVE OF
976-STAKEHOLDER INPUT DURING THE DEPARTMENT
977-'S 2024 PRESENTATION TO
978-PAGE 21-HOUSE BILL 22-1289 THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY AND IN THE
979-DEPARTMENT
980-'S PRESENTATION TO THE HEALTH AND HUMAN SERVICES
981-COMMITTEE OF THE SENATE AND THE HEALTH AND INSURANCE COMMITTEE
982-OF THE HOUSE OF REPRESENTATIVES
983-, OR ANY SUCCESSOR COMMITTEES , AT
984-THE HEARING HELD PURSUANT TO SECTION
985-2-7-203 (2)(a) OF THE "STATE
986-MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
987-(SMART) GOVERNMENT ACT". IN CONDUCTING THE STAKEHOLDER
988-PROCESS
989-, THE DEPARTMENT SHALL:
876+O THE EXTENT ADDITIONAL FEDERAL FINANCIAL8
877+PARTICIPATION IS AVAILABLE, THE DEPARTMENT SHALL ESTABLISH A9
878+STAKEHOLDER PROCESS IN COLLABORATION WITH DEPARTMENT STAFF TO10
879+DETERMINE ADDITIONAL PRIORITIES AND BUDGET ALLOCATIONS THAT11
880+DRAW DOWN AT LEAST FIFTY PERCENT OF THE REMAINING HEALTH12
881+SERVICES INITIATIVE FUNDS TO EXPAND ACCESS TO PERINATAL AND13
882+POSTPARTUM SUPPORTS .
883+THE DEPARTMENT SHALL REPORT ON THE14
884+ESTABLISHED PRIORITIES AND BUDGET ALLOCATIONS AND THE WAYS IN15
885+WHICH THEY ARE INCLUSIVE OF STAKEHOLDER INPUT DURING THE16
886+DEPARTMENT'S 2024 PRESENTATION TO THE JOINT BUDGET COMMITTEE OF17
887+THE GENERAL ASSEMBLY AND IN THE DEPARTMENT'S PRESENTATION TO18
888+THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE19
889+HEALTH AND INSURANCE COMMI TTEE OF THE HOUSE OF REPRESENTATIVES,20
890+OR ANY SUCCESSOR COMMITTEES, AT THE HEARING HELD PURSUANT TO21
891+SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR22
892+ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)23
893+GOVERNMENT ACT". IN CONDUCTING THE STAKEHOLDER PROCESS , THE24
894+DEPARTMENT SHALL:25
990895 (a) E
991-NGAGE DIRECTLY WITH IMPACTED INDIVIDUALS , SERVICE
992-PROVIDERS
993-, ADVOCACY ORGANIZATIONS , AND INDIVIDUALS WORKING IN OR
994-REPRESENTING COMMUNITIES WHO ARE DIVERSE WITH REGARD TO RACE
995-,
996-ETHNICITY, IMMIGRATION STATUS, AGE, ABILITY, SEXUAL ORIENTATION,
997-GENDER IDENTITY, OR GEOGRAPHIC REGION OF THE STATE AND WHO ARE
998-AFFECTED BY HIGHER RATES OF HEALTH DISPARITIES AND INEQUITIES
999-;
896+NGAGE DIRECTLY WITH IMPACTED INDIVIDUALS , SERVICE26
897+PROVIDERS, ADVOCACY ORGANIZATIONS , AND INDIVIDUALS WORKING IN27
898+1289
899+-28- OR REPRESENTING COMMUNITIES WHO ARE DIVERSE WITH REGARD TO1
900+RACE, ETHNICITY, IMMIGRATION STATUS , AGE, ABILITY, SEXUAL2
901+ORIENTATION, GENDER IDENTITY, OR GEOGRAPHIC REGION OF THE STATE3
902+AND WHO ARE AFFECTED BY HIGHER RATES OF HEALTH DISPARITIES AND4
903+INEQUITIES;5
1000904 (b) P
1001-UBLICIZE, CONDUCT, AND REPORT OUTCOMES OF STAKEHOLDER
1002-MEETINGS IN
1003-, AT A MINIMUM, ENGLISH AND SPANISH;
905+UBLICIZE, CONDUCT, AND REPORT OUTCOMES OF6
906+STAKEHOLDER MEETINGS IN, AT A MINIMUM, ENGLISH AND SPANISH;7
1004907 (c) I
1005-NCLUDE OPPORTUNITIES FOR PARTICIPATION IN THE
1006-STAKEHOLDER PROCESS OUTSIDE OF REGULAR WORK HOURS
1007-;
1008-(d) C
1009-ONDUCT A MINIMUM OF FIVE STAKEHOLDER MEETINGS AND
1010-CONDUCT ADDITIONAL MEETINGS FOCUSED ON HEARING INPUT FROM
1011-INDIVIDUAL CONSTITUENCIES LISTED IN SUBSECTION
1012- (2)(a) OF THIS SECTION.
1013-(e) T
1014-AKE INTO CONSIDERATION RESEARCH AND INFORMATION FROM
1015-REPORTS ISSUED BY THE MATERNAL MORTALITY REVIEW COMMITTEE
1016-, AS
1017-REQUIRED BY SECTION
1018-25-52-104 (6);
1019-(f) T
1020-AKE INTO CONSIDERATION DATA FROM THE HEALTH SURVEY FOR
1021-BIRTHING PARENTS TO INFORM STAKEHOLDER DECISION
1022--MAKING; AND
1023-(g) CONSIDER INITIATIVES TO REDUCE DIAPER NEED, EXPAND ACCESS
1024-TO GROUP
1025--BASED PRENATAL AND PEDIATRIC CARE MODELS , AND EXPAND
1026-HOME VISITATION PROGRAMS
1027-, INCLUDING VOLUNTARY NEWBORN NURSE
1028-VISITATION PROGRAMS THAT ARE UNIVERSALLY OFFERED TO ALL FAMILIES
1029-IN A GIVEN COMMUNITY AND PROVIDE AT LEAST ONE NURSE VISIT WITHIN
1030-THE FIRST THREE MONTHS OF LIFE
1031-.
1032-PAGE 22-HOUSE BILL 22-1289 (3) (a) THE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL
1033-APPROVALS TO OBTAIN FEDERAL FI NANCIAL PARTICIPATION IN
1034-IMPLEMENTING SUBSECTION
1035-(1) OF THIS SECTION.
1036-(b) T
1037-O THE EXTENT ALLOWABLE, THE DEPARTMENT SHALL MAXIMIZE
1038-FEDERAL FINANCIAL PARTICIPATION IN IMPLEMENTING THIS SECTION
1039-.
1040-SECTION 24. Appropriation. (1) For the 2022-23 state fiscal
1041-year, $730,573 is appropriated to the department of health care policy and
1042-financing. This appropriation is from the general fund. To implement this
1043-act, the department may use this appropriation as follows:
1044-(a) $258,733 for use by the executive director's office for personal
1045-services, which amount is based on an assumption that the office will
1046-require an additional 5.1 FTE;
1047-(b) $29,707 for use by the executive director's office for operating
1048-expenses;
1049-(c) $262,500 for general professional services and special projects;
1050-(d) $161,069 for medical and long-term care services for Medicaid
1051-eligible individuals, which amount is subject to the "(M)" notation as
1052-defined in the annual general appropriation act for the same fiscal year; and
1053-(e) $18,564 for children's basic health plan medical and dental costs.
1054-(2) For the 2022-23 state fiscal year, the general assembly
1055-anticipates that the department of health care policy and financing will
1056-receive $885,480 in federal funds. The appropriation in subsection (1) of
1057-this section is based on the assumption that the office will receive this
1058-amount of federal funds to be used as follows:
1059-(a) $181,587 for use by the executive director's office for personal
1060-services, which amount is subject to the "(I)" notation as defined in the
1061-annual general appropriation act for the same fiscal year;
1062-(b) $20,848 for use by the executive director's office for operating
1063-expenses, which amount is subject to the "(I)" notation as defined in the
1064-annual general appropriation act for the same fiscal year;
1065-PAGE 23-HOUSE BILL 22-1289 (c) $487,500 for general professional services and special projects,
1066-which amount is subject to the "(I)" notation as defined in the annual
1067-general appropriation act for the same fiscal year;
1068-(d) $161,069 for medical and long-term care services for Medicaid
1069-eligible individuals; and
1070-(e) $34,476 for children's basic health plan medical and dental costs.
1071-(3) For the 2022-23 state fiscal year, $423,626 is appropriated to the
1072-department of public health and environment for use by the center for health
1073-and environmental information. This appropriation is from the general fund
1074-and is based on an assumption that the center will require an additional 2.5
1075-FTE. To implement this act, the center may use this appropriation for health
1076-statistics and vital records for health surveys.
1077-SECTION 25. Appropriation - adjustments to 2022 long bill.
1078-(1) To implement this act, appropriations made in the annual general
1079-appropriation act for the 2022-23 state fiscal year to the department of
1080-health care policy and financing are adjusted as follows:
1081-(a) The cash funds appropriation from the children's basic health
1082-plan trust created in section 25.5-8-105 (1), C.R.S., for children's basic
1083-health plan medical and dental costs is decreased by $340,727, which is
1084-subject to the "(H)" notation as defined in the annual general appropriation
1085-act for the same fiscal year; and
1086-(b) The cash funds appropriation from the healthcare affordability
1087-and sustainability fee cash fund created in section 25.5-4-402.4 (5)(a),
1088-C.R.S., for children's basic health plan medical and dental costs is decreased
1089-by $564,678, which is subject to the "(H)" notation as defined in the annual
1090-general appropriation act for the same fiscal year.
1091-(2) For the 2022-23 state fiscal year, $144,229 is appropriated to the
1092-department of health care policy and financing. This appropriation is from
1093-the general fund. To implement this act, the department may use this
1094-appropriation for children's basic health plan medical and dental costs.
1095-(3) For the 2022-23 state fiscal year, the general assembly
1096-anticipates that the department of health care policy and financing will
1097-PAGE 24-HOUSE BILL 22-1289 receive $761,176 in federal funds for children's basic health plan medical
1098-and dental costs to implement this act. The appropriations in subsections (1)
1099-and (2) of this section are based on the assumption that the department will
1100-receive this amount of federal funds.
1101-SECTION 26. Safety clause. The general assembly hereby finds,
1102-determines, and declares that this act is necessary for the immediate
1103-preservation of the public peace, health, or safety.
1104-____________________________ ____________________________
1105-Alec Garnett Steve Fenberg
1106-SPEAKER OF THE HOUSE PRESIDENT OF
1107-OF REPRESENTATIVES THE SENATE
1108-____________________________ ____________________________
1109-Robin Jones Cindi L. Markwell
1110-CHIEF CLERK OF THE HOUSE SECRETARY OF
1111-OF REPRESENTATIVES THE SENATE
1112- APPROVED________________________________________
1113- (Date and Time)
1114- _________________________________________
1115- Jared S. Polis
1116- GOVERNOR OF THE STATE OF COLORADO
1117-PAGE 25-HOUSE BILL 22-1289
908+NCLUDE OPPORTUNITIES FOR PARTICIPATION IN THE8
909+STAKEHOLDER PROCESS OUTSIDE OF REGULAR WORK HOURS ;9
910+(d) CONDUCT A MINIMUM OF FIVE STAKEHOLDER MEETINGS AND10
911+CONDUCT ADDITIONAL MEETINGS FOCUSED ON HEARING INPUT FROM11
912+INDIVIDUAL CONSTITUENCIES LISTED IN SUBSECTION (2)(a) OF THIS12
913+SECTION.13
914+(e) TAKE INTO CONSIDERATION RESEARCH AND INFORMATION14
915+FROM REPORTS ISSUED BY THE MATERNAL MORTALITY REVIEW15
916+COMMITTEE, AS REQUIRED BY SECTION 25-52-104 (6);16
917+(f) TAKE INTO CONSIDERATION DATA FROM THE HEALTH SURVEY17
918+FOR BIRTHING PARENTS TO INFORM STAKEHOLDER DECISION -MAKING; AND18
919+(g) CONSIDER INITIATIVES TO REDUCE DIAPER NEED , EXPAND19
920+ACCESS TO GROUP-BASED PRENATAL AND PEDIATRIC CARE MODELS , AND20
921+EXPAND HOME VISITATION PROGRAMS , INCLUDING VOLUNTARY NEWBORN21
922+NURSE VISITATION PROGRAMS THAT ARE UNIVERSALLY OFFERED TO ALL22
923+FAMILIES IN A GIVEN COMMUNITY AND PROVIDE AT LEAST ONE NURSE VISIT23
924+WITHIN THE FIRST THREE MONTHS OF LIFE.24
925+(3) (a) T
926+HE DEPARTMENT SHALL SEEK ANY NECESSARY FEDERAL25
927+APPROVALS TO OBTAIN FEDERAL FINANCIAL PARTICIPATION IN26
928+IMPLEMENTING SUBSECTION (1) OF THIS SECTION.27
929+1289
930+-29- (b) TO THE EXTENT ALLOWABLE , THE DEPARTMENT SHALL1
931+MAXIMIZE FEDERAL FINANCIAL PARTICIPATION IN IMPLEMENTING THIS2
932+SECTION.3
933+SECTION 24. Appropriation. (1) For the 2022-23 state fiscal4
934+year, $730,573 is appropriated to the department of health care policy and5
935+financing. This appropriation is from the general fund. To implement this6
936+act, the department may use this appropriation as follows:7
937+(a) $258,733 for use by the executive director's office for personal8
938+services, which amount is based on an assumption that the office will9
939+require an additional 5.1 FTE;10
940+(b) $29,707 for use by the executive director's office for operating11
941+expenses;12
942+(c) $262,500 for general professional services and special13
943+projects;14
944+(d) $161,069 for medical and long-term care services for15
945+Medicaid eligible individuals, which amount is subject to the "(M)"16
946+notation as defined in the annual general appropriation act for the same17
947+fiscal year; and18
948+(e) $18,564 for children's basic health plan medical and dental19
949+costs.20
950+(2) For the 2022-23 state fiscal year, the general assembly21
951+anticipates that the department of health care policy and financing will22
952+receive $885,480 in federal funds. The appropriation in subsection (1) of23
953+this section is based on the assumption that the office will receive this24
954+amount of federal funds to be used as follows:25
955+(a) $181,587 for use by the executive director's office for personal26
956+services, which amount is subject to the "(I)" notation as defined in the27
957+1289
958+-30- annual general appropriation act for the same fiscal year;1
959+(b) $20,848 for use by the executive director's office for operating2
960+expenses, which amount is subject to the "(I)" notation as defined in the3
961+annual general appropriation act for the same fiscal year;4
962+(c) $487,500 for general professional services and special5
963+projects, which amount is subject to the "(I)" notation as defined in the6
964+annual general appropriation act for the same fiscal year;7
965+(d) $161,069 for medical and long-term care services for8
966+Medicaid eligible individuals; and9
967+(e) $34,476 for children's basic health plan medical and dental10
968+costs.11
969+(3) For the 2022-23 state fiscal year, $423,626 is appropriated to12
970+the department of public health and environment for use by the center for13
971+health and environmental information. This appropriation is from the14
972+general fund and is based on an assumption that the center will require an15
973+additional 2.5 FTE. To implement this act, the center may use this16
974+appropriation for health statistics and vital records for health surveys.17
975+SECTION 25. Appropriation - adjustments to 2022 long bill.18
976+(1) To implement this act, appropriations made in the annual general19
977+appropriation act for the 2022-23 state fiscal year to the department of20
978+health care policy and financing are adjusted as follows:21
979+(a) The cash funds appropriation from the children's basic health22
980+plan trust created in section 25.5-8-105 (1), C.R.S., for children's basic23
981+health plan medical and dental costs is decreased by $340,727, which is24
982+subject to the "(H)" notation as defined in the annual general25
983+appropriation act for the same fiscal year; and26
984+(b) The cash funds appropriation from the healthcare affordability27
985+1289
986+-31- and sustainability fee cash fund created in section 25.5-4-402.4 (5)(a),1
987+C.R.S., for children's basic health plan medical and dental costs is2
988+decreased by $564,678, which is subject to the "(H)" notation as defined3
989+in the annual general appropriation act for the same fiscal year.4
990+(2) For the 2022-23 state fiscal year, $144,229 is appropriated to5
991+the department of health care policy and financing. This appropriation is6
992+from the general fund. To implement this act, the department may use this7
993+appropriation for children's basic health plan medical and dental costs.8
994+(3) For the 2022-23 state fiscal year, the general assembly9
995+anticipates that the department of health care policy and financing will10
996+receive $761,176 in federal funds for children's basic health plan medical11
997+and dental costs to implement this act. The appropriations in subsections12
998+(1) and (2) of this section are based on the assumption that the department13
999+will receive this amount of federal funds.14
1000+SECTION 26. Safety clause. The general assembly hereby finds,15
1001+determines, and declares that this act is necessary for the immediate16
1002+preservation of the public peace, health, or safety.17
1003+1289
1004+-32-