Colorado 2022 Regular Session

Colorado Senate Bill SB052 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	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. 22-0707.01 Chelsea Princell x4335
1	8		SENATE BILL 22-052
2		-	BY SENATOR(S) Jaquez Lewis and Smallwood, Buckner, Donovan,
3		-	Hansen, Holbert, Kolker, Moreno, Pettersen, Priola, Rankin, Story,
4		-	Woodward;
5		-	also REPRESENTATIVE(S) Mullica and Bradfield, Bernett, Bird, Esgar,
6		-	Exum, Gray, Herod, Hooton, Jodeh, Lindsay, Lontine, McCluskie,
7		-	McLachlan
8		-	.
	9	+	Senate Committees House Committees
	10	+	Health & Human Services Public & Behavioral Health & Human Services
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING ALIGNING MEDICAL ASSISTANCE INCOME ELIGIBILITY
11		-	REQUIREMENTS WITH FEDERAL LAW
12		-	.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 25.5-4-402.4, amend
16		-	(5)(b)(IV)(B) as follows:
17		-	25.5-4-402.4. Hospitals - healthcare affordability and
18		-	sustainability fee - legislative declaration - Colorado healthcare
19		-	affordability and sustainability enterprise - federal waiver - fund
20		-	created - rules - reports - repeal. (5) Healthcare affordability and
21		-	sustainability fee cash fund. (b) All money in the fund is subject to
22		-	federal matching as authorized under federal law and, subject to annual
23		-	appropriation by the general assembly, shall be expended by the enterprise
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. for the following purposes:
32		-	(IV) Subject to available revenue from the healthcare affordability
33		-	and sustainability fee and federal matching funds, to expand eligibility for
34		-	public medical assistance by:
35		-	(B) Increasing the eligibility level for children and pregnant women
36		-	under the children's basic health plan to up to two hundred fifty
37		-	SIXTY
38		-	percent of the federal poverty line;
39		-	SECTION 2. In Colorado Revised Statutes, 25.5-5-101, amend (1)
40		-	introductory portion and (1)(c) as follows:
41		-	25.5-5-101. Mandatory provisions - eligible groups - rules. (1) In
42		-	order to participate in the medicaid program, the federal government
43		-	requires the state to provide medical assistance to certain eligible groups.
44		-	Pursuant to federal law and except as provided in subsection (2) of this
45		-	section, any person who is eligible for medical assistance under the
46		-	mandated groups specified in this section shall
47		-	MUST receive both the
48		-	mandatory services that are specified in sections 25.5-5-102 and 25.5-5-103
49		-	and the optional services that are specified in sections 25.5-5-202 and
50		-	25.5-5-203. Subject to the availability of federal financial participation, the
51		-	following are the individuals or groups that are mandated under federal law
52		-	to receive benefits under this article
53		-	ARTICLE 5 and articles 4 and 6 of this
54		-	title TITLE 25.5:
55		-	(c) Pregnant women whose family income does not exceed one
56		-	hundred thirty-three percent of the federal poverty line, adjusted for family
57		-	size, who meet the requirements pursuant to section 1902 (a)(10)(A) of the
58		-	federal "Social Security Act". Once initial eligibility has been established,
59		-	the pregnant woman is continuously eligible throughout the pregnancy and
60		-	for the sixty days following the pregnancy, even if the woman's eligibility
61		-	would otherwise terminate during such period due to an increase in income.
62		-	SECTION 3. In Colorado Revised Statutes, 25.5-5-201, amend (1)
63		-	introductory portion and (1)(m.5) as follows:
64		-	25.5-5-201. Optional provisions - optional groups - rules. (1) The
65		-	federal government allows the state to select optional groups to receive
66		-	medical assistance. Pursuant to federal law, any person who is eligible for
67		-	PAGE 2-SENATE BILL 22-052 medical assistance under the optional groups specified in this section shall
68		-	MUST receive both the mandatory services specified in sections 25.5-5-102
69		-	and 25.5-5-103 and the optional services specified in sections 25.5-5-202
70		-	and 25.5-5-203. Subject to the availability of federal financial aid funds, the
71		-	following are the individuals or groups that Colorado has selected as
72		-	optional groups to receive medical assistance pursuant to this article
73		-	ARTICLE 5 and articles 4 and 6 of this title 25.5:
74		-	(m.5) Pregnant women, whose family income does not exceed one
75		-	hundred eighty-five NINETY-FIVE percent of the federal poverty line,
76		-	adjusted for family size;
77		-
78		-	SECTION 4. In Colorado Revised Statutes, 25.5-8-103, amend
79		-	(4)(a)(I), (4)(a)(II), (4)(b)(I), and (4)(b)(II) as follows:
80		-	25.5-8-103. Definitions - rules. As used in this article 8, unless the
81		-	context otherwise requires:
82		-	(4) "Eligible person" means:
83		-	(a) (I) A person who is less than nineteen years of age, whose family
84		-	income does not exceed two hundred fifty
85		-	SIXTY percent of the federal
86		-	poverty line, adjusted for family size.
87		-
88		-	(II) Notwithstanding the provisions of subsection (4)(a)(I) of this
89		-	section, if the money in the healthcare affordability and sustainability fee
90		-	cash fund established pursuant to section 25.5-4-402.4 (5), together with the
91		-	corresponding federal matching funds, is insufficient to fully fund all of the
92		-	purposes described in section 25.5-4-402.4 (5)(b), after receiving
93		-	recommendations from the Colorado healthcare affordability and
94		-	sustainability enterprise established pursuant to section 25.5-4-402.4 (3), for
95		-	persons less than nineteen years of age, the state board may by rule adopted
96		-	pursuant to the provisions of section 25.5-4-402.4 (6)(b)(III) reduce the
97		-	percentage of the federal poverty line to below two hundred fifty
98		-	SIXTY
99		-	percent, but the percentage shall not be reduced to below two hundred five
100		-	THIRTEEN percent.
101		-	(b) (I) A pregnant woman whose family income does not exceed two
102		-	hundred fifty SIXTY percent of the federal poverty line, adjusted for family
103		-	size, and who is not eligible for medicaid.
104		-	PAGE 3-SENATE BILL 22-052 (II) Notwithstanding the provisions of subsection (4)(b)(I) of this
105		-	section, if the money in the healthcare affordability and sustainability fee
106		-	cash fund established pursuant to section 25.5-4-402.4 (5), together with the
107		-	corresponding federal matching funds, is insufficient to fully fund all of the
108		-	purposes described in section 25.5-4-402.4 (5)(b), after receiving
109		-	recommendations from the Colorado healthcare affordability and
110		-	sustainability enterprise established pursuant to section 25.5-4-402.4 (3), for
111		-	pregnant women, the state board by rule adopted pursuant to the provisions
112		-	of section 25.5-4-402.4 (6)(b)(III) may reduce the percentage of the federal
113		-	poverty line to below two hundred fifty
114		-	SIXTY percent, but the percentage
115		-	shall not be reduced to below two hundred five THIRTEEN percent.
116		-	SECTION 5. Safety clause. The general assembly hereby finds,
117		-	PAGE 4-SENATE BILL 22-052 determines, and declares that this act is necessary for the immediate
118		-	preservation of the public peace, health, or safety.
119		-	____________________________ ____________________________
120		-	Steve Fenberg Alec Garnett
121		-	PRESIDENT OF SPEAKER OF THE HOUSE
122		-	THE SENATE OF REPRESENTATIVES
123		-	____________________________ ____________________________
124		-	Cindi L. Markwell Robin Jones
125		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
126		-	THE SENATE OF REPRESENTATIVES
127		-	APPROVED________________________________________
128		-	(Date and Time)
129		-	_________________________________________
130		-	Jared S. Polis
131		-	GOVERNOR OF THE STATE OF COLORADO
132		-	PAGE 5-SENATE BILL 22-052
	13	+	ONCERNING ALIGNING MEDICAL ASSISTANCE INCOME ELIGIBILITY101
	14	+	REQUIREMENTS WITH FEDERAL LAW .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill aligns the medicaid and children's basic health plan
	23	+	income eligibility requirements for pregnant women and children with
	24	+	federal law.
	25	+	Current law requires money in the healthcare affordability and
	26	+	sustainability fee cash fund (fund) to be used to expand eligibility for
	27	+	medicaid by increasing the income eligibility level for children and
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	March 9, 2022
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	March 8, 2022
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	February 15, 2022
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	February 14, 2022
	40	+	SENATE SPONSORSHIP
	41	+	Jaquez Lewis and Smallwood, Buckner, Donovan, Hansen, Holbert, Kolker, Moreno,
	42	+	Pettersen, Priola, Rankin, Story, Woodward
	43	+	HOUSE SPONSORSHIP
	44	+	Mullica and Bradfield, Bernett, Bird, Esgar, Exum, Gray, Herod, Hooton, Jodeh, Lindsay,
	45	+	Lontine, McCluskie, McLachlan
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	48	+	Dashes through the words indicate deletions from existing statute. pregnant women under the children's basic health plan to up to 250% of
	49	+	the federal poverty line. The bill increases the eligibility level to up to
	50	+	260%. Under current law, if the money in the fund is insufficient to fully
	51	+	fund all the purposes of the fund, the medical services board (state board)
	52	+	may reduce the percentage of the federal poverty level. The bill
	53	+	authorizes the state board to reduce the percentage of the federal poverty
	54	+	level to below 260%, but not below 250%.
	55	+	The bill increases the medicaid income eligibility level for
	56	+	pregnant women from 133% of the federal poverty level to a federally
	57	+	approved specified percentage of the federal poverty level, adjusted for
	58	+	family size, as set forth in rules promulgated by the state board.
	59	+	The bill increases the income eligibility level under the children's
	60	+	basic health plan for children and pregnant woman from 250% of the
	61	+	federal poverty level to a federally approved specified percentage of the
	62	+	federal poverty level, adjusted for family size, as set forth in state board
	63	+	rule.
	64	+	Be it enacted by the General Assembly of the State of Colorado:1
	65	+	SECTION 1. In Colorado Revised Statutes, 25.5-4-402.4, amend2
	66	+	(5)(b)(IV)(B) as follows:3
	67	+	25.5-4-402.4. Hospitals - healthcare affordability and4
	68	+	sustainability fee - legislative declaration - Colorado healthcare5
	69	+	affordability and sustainability enterprise - federal waiver - fund6
	70	+	created - rules - reports - repeal. (5) Healthcare affordability and7
	71	+	sustainability fee cash fund. (b) All money in the fund is subject to8
	72	+	federal matching as authorized under federal law and, subject to annual9
	73	+	appropriation by the general assembly, shall be expended by the10
	74	+	enterprise for the following purposes:11
	75	+	(IV) Subject to available revenue from the healthcare affordability12
	76	+	and sustainability fee and federal matching funds, to expand eligibility for13
	77	+	public medical assistance by:14
	78	+	(B) Increasing the eligibility level for children and pregnant15
	79	+	women under the children's basic health plan to up to two hundred fifty
	80	+	16
	81	+	052-2- SIXTY percent of the federal poverty line;1
	82	+	SECTION 2. In Colorado Revised Statutes, 25.5-5-101, amend2
	83	+	(1) introductory portion and (1)(c) as follows:3
	84	+	25.5-5-101. Mandatory provisions - eligible groups - rules.4
	85	+	(1) In order to participate in the medicaid program, the federal5
	86	+	government requires the state to provide medical assistance to certain6
	87	+	eligible groups. Pursuant to federal law and except as provided in7
	88	+	subsection (2) of this section, any person who is eligible for medical8
	89	+	assistance under the mandated groups specified in this section shall MUST9
	90	+	receive both the mandatory services that are specified in sections10
	91	+	25.5-5-102 and 25.5-5-103 and the optional services that are specified in11
	92	+	sections 25.5-5-202 and 25.5-5-203. Subject to the availability of federal12
	93	+	financial participation, the following are the individuals or groups that are13
	94	+	mandated under federal law to receive benefits under this article ARTICLE14
	95	+	5 and articles 4 and 6 of this title TITLE 25.5:15
	96	+	(c) Pregnant women whose family income does not exceed one16
	97	+	hundred thirty-three percent of the federal poverty line, adjusted for17
	98	+	family size, who meet the requirements pursuant to section 190218
	99	+	(a)(10)(A) of the federal "Social Security Act". Once initial eligibility has19
	100	+	been established, the pregnant woman is continuously eligible throughout20
	101	+	the pregnancy and for the sixty days following the pregnancy, even if the21
	102	+	woman's eligibility would otherwise terminate during such period due to22
	103	+	an increase in income.23
	104	+	SECTION 3. In Colorado Revised Statutes, 25.5-5-201, amend24
	105	+	(1) introductory portion and (1)(m.5) as follows:25
	106	+	25.5-5-201. Optional provisions - optional groups - rules.26
	107	+	(1) The federal government allows the state to select optional groups to27
	108	+	052
	109	+	-3- receive medical assistance. Pursuant to federal law, any person who is1
	110	+	eligible for medical assistance under the optional groups specified in this2
	111	+	section shall MUST receive both the mandatory services specified in3
	112	+	sections 25.5-5-102 and 25.5-5-103 and the optional services specified in4
	113	+	sections 25.5-5-202 and 25.5-5-203. Subject to the availability of federal5
	114	+	financial aid funds, the following are the individuals or groups that6
	115	+	Colorado has selected as optional groups to receive medical assistance7
	116	+	pursuant to this article ARTICLE 5 and articles 4 and 6 of this title 25.5:8
	117	+	(m.5) Pregnant women, whose family income does not exceed one9
	118	+	hundred eighty-five NINETY-FIVE percent of the federal poverty line,10
	119	+	adjusted for family size; 11
	120	+	SECTION 4. In Colorado Revised Statutes, 25.5-8-103, amend12
	121	+	(4)(a)(I), (4)(a)(II), (4)(b)(I), and (4)(b)(II) as follows:13
	122	+	25.5-8-103. Definitions - rules. As used in this article 8, unless14
	123	+	the context otherwise requires:15
	124	+	(4) "Eligible person" means:16
	125	+	(a) (I) A person who is less than nineteen years of age, whose17
	126	+	family income does not exceed two hundred fifty SIXTY percent of the18
	127	+	federal poverty line, adjusted for family size. 19
	128	+	(II) Notwithstanding the provisions of subsection (4)(a)(I) of this20
	129	+	section, if the money in the healthcare affordability and sustainability fee21
	130	+	cash fund established pursuant to section 25.5-4-402.4 (5), together with22
	131	+	the corresponding federal matching funds, is insufficient to fully fund all23
	132	+	of the purposes described in section 25.5-4-402.4 (5)(b), after receiving24
	133	+	recommendations from the Colorado healthcare affordability and25
	134	+	sustainability enterprise established pursuant to section 25.5-4-402.4 (3),26
	135	+	for persons less than nineteen years of age, the state board may by rule27
	136	+	052
	137	+	-4- adopted pursuant to the provisions of section 25.5-4-402.4 (6)(b)(III)1
	138	+	reduce the percentage of the federal poverty line to below two hundred2
	139	+	fifty SIXTY percent, but the percentage shall not be reduced to below two3
	140	+	hundred five THIRTEEN percent.4
	141	+	(b) (I) A pregnant woman whose family income does not exceed5
	142	+	two hundred fifty SIXTY percent of the federal poverty line, adjusted for6
	143	+	family size, and who is not eligible for medicaid.7
	144	+	(II) Notwithstanding the provisions of subsection (4)(b)(I) of this8
	145	+	section, if the money in the healthcare affordability and sustainability fee9
	146	+	cash fund established pursuant to section 25.5-4-402.4 (5), together with10
	147	+	the corresponding federal matching funds, is insufficient to fully fund all11
	148	+	of the purposes described in section 25.5-4-402.4 (5)(b), after receiving12
	149	+	recommendations from the Colorado healthcare affordability and13
	150	+	sustainability enterprise established pursuant to section 25.5-4-402.4 (3),14
	151	+	for pregnant women, the state board by rule adopted pursuant to the15
	152	+	provisions of section 25.5-4-402.4 (6)(b)(III) may reduce the percentage16
	153	+	of the federal poverty line to below two hundred fifty SIXTY percent, but17
	154	+	the percentage shall not be reduced to below two hundred five THIRTEEN18
	155	+	percent.19
	156	+	SECTION 5. Safety clause. The general assembly hereby finds,20
	157	+	determines, and declares that this act is necessary for the immediate21
	158	+	preservation of the public peace, health, or safety.22
	159	+	052
	160	+	-5-