First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0859.01 Jerry Barry x4341
SENATE BILL 23-182
Senate Committees House Committees
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE TEMPORARY SUSPENSI ON OF CERTAIN STATUTORY101
REQUIREMENTS FOR MEDI CAL ASSISTANCE PROGRAMS . 102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
As a condition of receiving federal money under the federal
"Families First Coronavirus Response Act", the state was required to
maintain the enrollment of nearly all individuals receiving medicaid until
April 1, 2023, at which point states are given 14 months to return to
normal eligibility and enrollment operations. Additionally, due to the
declared public health emergency in Colorado in response to the
SENATE
Amended 2nd Reading
March 17, 2023
SENATE SPONSORSHIP
Zenzinger and Kirkmeyer, Bridges
HOUSE SPONSORSHIP
Bird and Pugliese, Bockenfeld, Sirota
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. COVID-19 outbreak and to effectuate the federal continuous enrollment
requirement, the governor suspended certain statutory requirements
related to enrollment and cost sharing in medical assistance programs.
The bill suspends these requirements statutorily for the 14 months after
April 1, 2023.
The bill suspends certain other statutory enrollment and
cost-sharing requirements until May 31, or June 1, 2024, and other
statutory enrollment requirements until 12 months past the declaration of
the end of the federal public health emergency.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25.5-5-101, add (5)2
as follows:3
25.5-5-101. Mandatory provisions - eligible groups - rules -4
repeal. (5) (a) T
O ENSURE THAT THE STATE DEPARTMENT MAINTAINS5
ACCESS TO STATE AND FEDERAL FUNDING PROVIDED BY THE FEDERAL6
"F
AMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L. 116-127, AND7
THE FEDERAL "CONSOLIDATED APPROPRIATIONS ACT, 2023", THE8
FOLLOWING SUBSECTIONS OF THIS SECTION ARE SUSPENDED UNTIL JUNE 1,9
2024:10
(I) S
UBSECTION (1)(c) OF THIS SECTION REQUIRING THE STATE11
DEPARTMENT TO DISENROLL A WOMAN RECEIVING MEDICAL ASSISTANCE12
SIXTY DAYS FOLLOWING THE WOMAN 'S PREGNANCY;13
(II) S
UBSECTION (1)(d) OF THIS SECTION REQUIRING THE STATE14
DEPARTMENT TO DISENROLL A CHILD AT ONE YEAR OF AGE WHO WAS15
ELIGIBLE TO RECEIVE MEDICAL ASSISTANCE AT BIRTH ;16
(III) S
UBSECTION (1)(e) OF THIS SECTION REQUIRING THE STATE17
DEPARTMENT TO DISENROLL FORMER FOSTER CARE CHILDREN ; AND18
(IV) A
NY OTHER PROVISION OF THIS SECTION THAT REQUIRES THE19
STATE DEPARTMENT TO DISENROLL AN INDIVIDUAL RECEIVING MEDICAL20
182-2- ASSISTANCE PRIOR TO THE STATE DEPARTMENT PROCESSING THE1
INDIVIDUAL'S NEXT ANNUAL RENEWAL FOR ELIGIBILITY FOLLOWING THE2
END OF THE CONTINUOUS ENROLLMENT REQUIREMENTS IMPLEMENTED3
PURSUANT TO THE FEDERAL "FAMILIES FIRST CORONAVIRUS RESPONSE4
A
CT", PUB.L. 116-127, AND THE FEDERAL "CONSOLIDATED5
A
PPROPRIATIONS ACT, 2023".6
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS7
SUBSECTION (5) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME8
ROUTINE OPERATIONS BY JUNE 1, 2024, THAT FOLLOW GUIDANCE ISSUED9
BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES ,10
INCLUDING TERMINATIONS OF ELIGIBILITY , THE PROCESSING OF11
ELIGIBILITY RENEWALS, AND THE TRANSITION BETWEEN MEDICAL12
ASSISTANCE AND CHILDREN 'S BASIC HEALTH PLAN ELIGIBILITY13
CATEGORIES.14
(c) T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JUNE 1, 2024.15
SECTION 2. In Colorado Revised Statutes, 25.5-5-201, add (7)16
and (8) as follows:17
25.5-5-201. Optional provisions - optional groups - rules -18
repeal. (7) (a) T
O ENSURE THAT THE STATE DEPARTMENT MAINTAINS19
ACCESS TO STATE AND FEDERAL FUNDING PROVIDED BY THE FEDERAL20
"F
AMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L. 116-127, AND21
THE FEDERAL "CONSOLIDATED APPROPRIATIONS ACT, 2023", THE22
FOLLOWING SUBSECTIONS OF THIS SECTION ARE SUSPENDED UNTIL JUNE 1,23
2024:24
(I) S
UBSECTION (1)(p) OF THIS SECTION REQUIRING THE STATE25
DEPARTMENT TO DISENROLL AN INDIVIDUAL ENROLLED IN THE MEDICAL26
ASSISTANCE PROGRAM WHO REACHES SIXTY -FIVE YEARS OF AGE; AND27
182
-3- (II) ANY OTHER PROVISION OF THIS SECTION THAT REQUIRES THE1
STATE DEPARTMENT TO DISENROLL AN INDIVIDUAL RECEIVING MEDICAL2
ASSISTANCE PRIOR TO THE STA TE DEPARTMENT PROCESSING THE3
INDIVIDUAL'S NEXT ANNUAL RENEWAL FOR ELIGIBILITY FOLLOWING THE4
END OF THE CONTINUOUS ENROLLMENT REQUIREMENTS IMPLEMENTED5
PURSUANT TO THE FEDERAL "FAMILIES FIRST CORONAVIRUS RESPONSE6
A
CT", PUB.L. 116-127, AND THE FEDERAL "CONSOLIDATED7
A
PPROPRIATIONS ACT, 2023".8
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS9
SUBSECTION (7) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME10
ROUTINE OPERATIONS BY JUNE 1, 2024, THAT FOLLOW GUIDANCE ISSUED11
BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES ,12
INCLUDING TERMINATIONS OF ELIGIBILITY , THE PROCESSING OF13
ELIGIBILITY RENEWALS, AND THE TRANSITION BETWEEN MEDICAL14
ASSISTANCE AND CHILDREN 'S BASIC HEALTH PLAN ELIGIBILITY15
CATEGORIES.16
(c) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JUNE 1, 2024.17
(8) (a) T
HE STATE DEPARTMENT MAY CONTINUE TO PROVIDE18
COVERAGE FOR THE TESTING AND TREATMENT FOR COVID-19 FOR19
UNINSURED INDIVIDUALS PURSUANT TO SECTION 190220
(a)(10)(A)(ii)(XXIII)
OF THE FEDERAL "SOCIAL SECURITY ACT" THROUGH21
M
AY 31, 2023,
WITHOUT FEDERAL FINANCIAL PARTICIPATION .22
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS23
SUBSECTION (8) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME24
ROUTINE OPERATIONS IN AN ORDERLY PROCESS THAT FOLLOWS GUIDANCE25
PROVIDED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID26
SERVICES, INCLUDING TERMINATIONS OF ELIGIBILITY, THE PROCESSING OF27
182
-4- ELIGIBILITY RENEWALS, AND THE TRANSITION BETWEEN MEDICAID AND1
CHILDREN'S BASIC HEALTH PLAN ELIGIBILITY CATEGORIES.2
(c) T
HIS SUBSECTION (8) IS REPEALED, EFFECTIVE MAY 31, 2023.3
SECTION 3. In Colorado Revised Statutes, 25.5-4-205, add4
(3)(f) as follows:5
25.5-4-205. Application - verification of eligibility -6
demonstration project - rules - repeal. (3) (f) (I) T
O ENSURE THAT THE7
STATE DEPARTMENT MAINTAINS ACCESS TO STATE AND FEDERAL FUNDING8
PROVIDED BY THE FEDERAL "FAMILIES FIRST CORONAVIRUS RESPONSE9
A
CT", PUB.L. 116-127, AND THE FEDERAL "CONSOLIDATED10
A
PPROPRIATIONS ACT, 2023", SUBSECTIONS (3)(b)(I) AND (3)(d) OF THIS11
SECTION REQUIRING THE COLLECTION OR VERIFICATION OF ANY12
INFORMATION RELATED TO MEDICAL ASSISTANCE ELIGIBILITY FACTORS ,13
INCLUDING CITIZENSHIP, HOUSEHOLD SIZE, INCOME, OR ASSETS FOR THOSE14
INDIVIDUALS ALREADY ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM15
ARE SUSPENDED UNTIL JUNE 1, 2024.16
(II) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS17
SUBSECTION (3)(f) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME18
ROUTINE OPERATIONS BY JUNE 1, 2024, THAT FOLLOW GUIDANCE ISSUED19
BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES ,20
INCLUDING TERMINATIONS OF ELIGIBILITY , THE PROCESSING OF21
ELIGIBILITY RENEWALS, AND THE TRANSITION BETWEEN MEDICAL22
ASSISTANCE AND CHILDREN 'S BASIC HEALTH PLAN ELIGIBILITY23
CATEGORIES.24
(III) T
HIS SUBSECTION (3)(f) IS REPEALED, EFFECTIVE JUNE 1,25
2024.26
SECTION 4. In Colorado Revised Statutes, 25.5-6-1404, add (6)27
182
-5- as follows:1
25.5-6-1404. Medicaid buy-in program - eligibility - premiums2
- medicaid buy-in fund - report - rules - repeal. (6) (a) T
O ENSURE3
THAT THE STATE DEPARTMENT MAINTAINS ACCESS TO STATE AND FEDERAL4
FUNDING PROVIDED BY THE FEDERAL "FAMILIES FIRST CORONAVIRUS5
R
ESPONSE ACT", PUB.L. 116-127, AND THE FEDERAL "CONSOLIDATED6
A
PPROPRIATIONS ACT, 2023", SUBSECTIONS (1)(a), (1)(b), AND (3)(a) OF7
THIS SECTION ESTABLISHING COVERAGE GROUP REQUIREMENTS AND8
REQUIRING PAYMENT OF PREMIUMS IN ORDER TO MAINTAIN ELIGIBILITY9
FOR THE MEDICAID BUY-IN PROGRAM ARE SUSPENDED UNTIL THE LAST DAY10
OF THE TWELFTH MONTH FOLLOWING THE END OF THE DECLARED FEDERAL11
PUBLIC HEALTH EMERGENCY AS A RESULT OF THE CORONAVIRUS DISEASE12
2019,
KNOWN AS "COVID-19".13
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS14
SUBSECTION (6) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME15
ROUTINE OPERATIONS THAT FOLLOW GUIDANCE ISSUED BY THE FEDERAL16
CENTERS FOR MEDICARE AND MEDICAID SERVICES , INCLUDING17
TERMINATIONS OF ELIGIBILITY , THE PROCESSING OF ELIGIBILITY18
RENEWALS, AND THE TRANSITION BETWEEN MEDICAL ASSISTANCE AND19
CHILDREN'S BASIC HEALTH PLAN ELIGIBILITY CATEGORIES.20
(c) T
HIS SUBSECTION (6) IS REPEALED, EFFECTIVE JUNE 1, 2024.21
SECTION 5. In Colorado Revised Statutes, 25.5-8-109, add (8)22
as follows:23
25.5-8-109. Eligibility - children - pregnant women - rules -24
repeal. (8) (a) T
O ENSURE THAT THE STATE DEPARTMENT MAINTAINS25
ACCESS TO STATE AND FEDERAL FUNDING PROVIDED BY THE FEDERAL26
"F
AMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L. 116-127, AND27
182
-6- THE FEDERAL "CONSOLIDATED APPROPRIATIONS ACT, 2023",1
SUBSECTIONS (4) AND (4.5)(a)(II) OF THIS SECTION REQUIRING THE STATE2
DEPARTMENT TO DISENROLL AN INDIVIDUAL ENROLLED IN THE CHILDREN 'S3
BASIC HEALTH PLAN DUE TO THE ANNUAL VERIFICATION OF INCOME , AS4
AUTHORIZED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES5
ARE SUSPENDED UNTIL JUNE 1, 2024.6
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS7
SUBSECTION (8) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME8
ROUTINE OPERATIONS BY JUNE 1, 2024, THAT FOLLOW GUIDANCE ISSUED9
BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES ,10
INCLUDING TERMINATIONS OF ELIGIBILITY , THE PROCESSING OF11
ELIGIBILITY RENEWALS, AND THE TRANSITION BETWEEN MEDICAL12
ASSISTANCE AND CHILDREN 'S BASIC HEALTH PLAN ELIGIBILITY13
CATEGORIES.14
(c) T
HIS SUBSECTION (8) IS REPEALED, EFFECTIVE JUNE 1, 2024.15
SECTION 6. In Colorado Revised Statutes, 25.5-4-209, add16
(1)(e) as follows:17
25.5-4-209. Payments by third parties - copayments by18
recipients - review - appeal - children's waiting list reduction fund -19
rules - repeal. (1) (e) (I) T
O ENSURE THAT THE STATE DEPARTMENT20
MAINTAINS ACCESS TO STATE AND FEDERAL FUNDING PROVIDED BY THE21
FEDERAL "FAMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L.22
116-127,
AND THE FEDERAL "CONSOLIDATED APPROPRIATIONS ACT,23
2023",
SUBSECTIONS (1)(b) AND (1)(c) OF THIS SECTION REQUIRING24
COPAYMENTS OR MEMBER COST SHARING FOR COVID-19 TESTING,25
VACCINES, SPECIALIZED EQUIPMENT, AND THERAPIES TO COMPLY WITH THE26
"F
AMILY FIRST CORONAVIRUS RESPONSE ACT", PUB.L. 116-127, AND THE27
182
-7- "AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, ARE SUSPENDED1
UNTIL THE LAST DAY OF THE TWELFTH MONTH FOLLOWING THE END OF THE2
DECLARED FEDERAL PUBLIC HEALTH EMERGENCY AS A RESULT OF THE3
CORONAVIRUS DISEASE 2019, KNOWN AS "COVID-19".4
(II) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS5
SUBSECTION (1)(e) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME6
ROUTINE OPERATIONS THAT FOLLOW GUIDANCE ISSUED BY THE FEDERAL7
CENTERS FOR MEDICARE AND MEDICAID SERVICES , INCLUDING8
TERMINATIONS OF ELIGIBILITY , THE PROCESSING OF ELIGIBILITY9
RENEWALS, AND THE TRANSITION BETWEEN MEDICAL ASSISTANCE AND10
CHILDREN'S BASIC HEALTH PLAN ELIGIBILITY CATEGORIES.11
(III) T
HIS SUBSECTION (1)(e) IS REPEALED, EFFECTIVE SEPTEMBER12
30,
2024.13
SECTION 7. Safety clause. The general assembly hereby finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety.16
182
-8-