SENATE BILL 22-052
BY SENATOR(S) Jaquez Lewis and Smallwood, Buckner, Donovan,
Hansen, Holbert, Kolker, Moreno, Pettersen, Priola, Rankin, Story,
Woodward;
also REPRESENTATIVE(S) Mullica and Bradfield, Bernett, Bird, Esgar,
Exum, Gray, Herod, Hooton, Jodeh, Lindsay, Lontine, McCluskie,
McLachlan
.
C
ONCERNING ALIGNING MEDICAL ASSISTANCE INCOME ELIGIBILITY
REQUIREMENTS WITH FEDERAL LAW
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25.5-4-402.4, amend
(5)(b)(IV)(B) as follows:
25.5-4-402.4. Hospitals - healthcare affordability and
sustainability fee - legislative declaration - Colorado healthcare
affordability and sustainability enterprise - federal waiver - fund
created - rules - reports - repeal. (5) Healthcare affordability and
sustainability fee cash fund. (b) All money in the fund is subject to
federal matching as authorized under federal law and, subject to annual
appropriation by the general assembly, shall be expended by the enterprise
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. for the following purposes:
(IV) Subject to available revenue from the healthcare affordability
and sustainability fee and federal matching funds, to expand eligibility for
public medical assistance by:
(B) Increasing the eligibility level for children and pregnant women
under the children's basic health plan to up to two hundred fifty
SIXTY
percent of the federal poverty line;
SECTION 2. In Colorado Revised Statutes, 25.5-5-101, amend (1)
introductory portion and (1)(c) as follows:
25.5-5-101. Mandatory provisions - eligible groups - rules. (1) In
order to participate in the medicaid program, the federal government
requires the state to provide medical assistance to certain eligible groups.
Pursuant to federal law and except as provided in subsection (2) of this
section, any person who is eligible for medical assistance under the
mandated groups specified in this section shall
MUST receive both the
mandatory services that are specified in sections 25.5-5-102 and 25.5-5-103
and the optional services that are specified in sections 25.5-5-202 and
25.5-5-203. Subject to the availability of federal financial participation, the
following are the individuals or groups that are mandated under federal law
to receive benefits under this article
ARTICLE 5 and articles 4 and 6 of this
title TITLE 25.5:
(c) Pregnant women whose family income does not exceed one
hundred thirty-three percent of the federal poverty line, adjusted for family
size, who meet the requirements pursuant to section 1902 (a)(10)(A) of the
federal "Social Security Act". Once initial eligibility has been established,
the pregnant woman is continuously eligible throughout the pregnancy and
for the sixty days following the pregnancy, even if the woman's eligibility
would otherwise terminate during such period due to an increase in income.
SECTION 3. In Colorado Revised Statutes, 25.5-5-201, amend (1)
introductory portion and (1)(m.5) as follows:
25.5-5-201. Optional provisions - optional groups - rules. (1) The
federal government allows the state to select optional groups to receive
medical assistance. Pursuant to federal law, any person who is eligible for
PAGE 2-SENATE BILL 22-052 medical assistance under the optional groups specified in this section shall
MUST receive both the mandatory services specified in sections 25.5-5-102
and 25.5-5-103 and the optional services specified in sections 25.5-5-202
and 25.5-5-203. Subject to the availability of federal financial aid funds, the
following are the individuals or groups that Colorado has selected as
optional groups to receive medical assistance pursuant to this article
ARTICLE 5 and articles 4 and 6 of this title 25.5:
(m.5) Pregnant women, whose family income does not exceed one
hundred eighty-five NINETY-FIVE percent of the federal poverty line,
adjusted for family size;
SECTION 4. In Colorado Revised Statutes, 25.5-8-103, amend
(4)(a)(I), (4)(a)(II), (4)(b)(I), and (4)(b)(II) as follows:
25.5-8-103. Definitions - rules. As used in this article 8, unless the
context otherwise requires:
(4) "Eligible person" means:
(a) (I) A person who is less than nineteen years of age, whose family
income does not exceed two hundred fifty
SIXTY percent of the federal
poverty line, adjusted for family size.
(II) Notwithstanding the provisions of subsection (4)(a)(I) of this
section, if the money in the healthcare affordability and sustainability fee
cash fund established pursuant to section 25.5-4-402.4 (5), together with the
corresponding federal matching funds, is insufficient to fully fund all of the
purposes described in section 25.5-4-402.4 (5)(b), after receiving
recommendations from the Colorado healthcare affordability and
sustainability enterprise established pursuant to section 25.5-4-402.4 (3), for
persons less than nineteen years of age, the state board may by rule adopted
pursuant to the provisions of section 25.5-4-402.4 (6)(b)(III) reduce the
percentage of the federal poverty line to below two hundred fifty
SIXTY
percent, but the percentage shall not be reduced to below two hundred five
THIRTEEN percent.
(b) (I) A pregnant woman whose family income does not exceed two
hundred fifty SIXTY percent of the federal poverty line, adjusted for family
size, and who is not eligible for medicaid.
PAGE 3-SENATE BILL 22-052 (II) Notwithstanding the provisions of subsection (4)(b)(I) of this
section, if the money in the healthcare affordability and sustainability fee
cash fund established pursuant to section 25.5-4-402.4 (5), together with the
corresponding federal matching funds, is insufficient to fully fund all of the
purposes described in section 25.5-4-402.4 (5)(b), after receiving
recommendations from the Colorado healthcare affordability and
sustainability enterprise established pursuant to section 25.5-4-402.4 (3), for
pregnant women, the state board by rule adopted pursuant to the provisions
of section 25.5-4-402.4 (6)(b)(III) may reduce the percentage of the federal
poverty line to below two hundred fifty
SIXTY percent, but the percentage
shall not be reduced to below two hundred five THIRTEEN percent.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 4-SENATE BILL 22-052 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 22-052