SENATE BILL 23-182
BY SENATOR(S) Zenzinger and Kirkmeyer, Bridges, Exum, Ginal, Kolker,
Marchman, Moreno, Priola;
also REPRESENTATIVE(S) Bird and Pugliese, Bockenfeld, Sirota, Dickson,
Lieder, Lindsay, Snyder, McCluskie
.
C
ONCERNING THE TEMPORARY SUSPENSION OF CERTAIN STATUTORY
REQUIREMENTS FOR MEDICAL ASSISTANCE PROGRAMS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25.5-5-101, add (6) as
follows:
25.5-5-101. Mandatory provisions - eligible groups - rules -
repeal. (6) (a) T
O ENSURE THAT THE STATE DEPARTMENT MAINTAINS
ACCESS TO STATE AND FEDERAL FUNDING PROVIDED BY THE FEDERAL
"FAMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L. 116-127, AND THE
FEDERAL
"CONSOLIDATED APPROPRIATIONS ACT, 2023", THE FOLLOWING
SUBSECTIONS OF THIS SECTION ARE SUSPENDED UNTIL
JUNE 1, 2024:
(I) S
UBSECTION (1)(c) OF THIS SECTION REQUIRING THE STATE
DEPARTMENT TO DISENROLL A WOMAN RECEIVING MEDICAL ASSISTANCE
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. SIXTY DAYS FOLLOWING THE WOMAN 'S PREGNANCY;
(II) S
UBSECTION (1)(d) OF THIS SECTION REQUIRING THE STATE
DEPARTMENT TO DISENROLL A CHILD AT ONE YEAR OF AGE WHO WAS
ELIGIBLE TO RECEIVE MEDICAL ASSISTANCE AT BIRTH
;
(III) S
UBSECTION (1)(e) OF THIS SECTION REQUIRING THE STATE
DEPARTMENT TO DISENROLL FORMER FOSTER CARE CHILDREN
; AND
(IV) ANY OTHER PROVISION OF THIS SECTION THAT REQUIRES THE
STATE DEPARTMENT TO DISENROLL AN INDIVIDUAL RECEIVING MEDICAL
ASSISTANCE PRIOR TO THE STATE DEPARTMENT PROCESSING THE
INDIVIDUAL
'S NEXT ANNUAL RENEWAL FOR ELIGIBILITY FOLLOWING THE END
OF THE CONTINUOUS ENROLLMENT REQUIREMENTS IMPLEMENTED PURSUANT
TO THE FEDERAL
"FAMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L.
116-127,
AND THE FEDERAL "CONSOLIDATED APPROPRIATIONS ACT, 2023".
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS
SUBSECTION
(6) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME
ROUTINE OPERATIONS BY
JUNE 1, 2024, THAT FOLLOW GUIDANCE ISSUED BY
THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES
, INCLUDING
TERMINATIONS OF ELIGIBILITY
, THE PROCESSING OF ELIGIBILITY RENEWALS,
AND THE TRANSITION BETWEEN MEDICAL ASSISTANCE AND CHILDREN 'S BASIC
HEALTH PLAN ELIGIBILITY CATEGORIES
.
(c) T
HIS SUBSECTION (6) IS REPEALED, EFFECTIVE JUNE 1, 2024.
SECTION 2. In Colorado Revised Statutes, 25.5-5-201, add (7)
and (8) as follows:
25.5-5-201. Optional provisions - optional groups - rules - repeal.
(7) (a) T
O ENSURE THAT THE STATE DEPARTMENT MAINTAINS ACCESS TO
STATE AND FEDERAL FUNDING PROVIDED BY THE FEDERAL
"FAMILIES FIRST
CORONAVIRUS RESPONSE ACT", PUB.L. 116-127, AND THE FEDERAL
"CONSOLIDATED APPROPRIATIONS ACT, 2023", THE FOLLOWING
SUBSECTIONS OF THIS SECTION ARE SUSPENDED UNTIL
JUNE 1, 2024:
(I) S
UBSECTION (1)(p) OF THIS SECTION REQUIRING THE STATE
DEPARTMENT TO DISENROLL AN INDIVIDUAL ENROLLED IN THE MEDICAL
ASSISTANCE PROGRAM WHO REACHES SIXTY
-FIVE YEARS OF AGE; AND
PAGE 2-SENATE BILL 23-182 (II) ANY OTHER PROVISION OF THIS SECTION THAT REQUIRES THE
STATE DEPARTMENT TO DISENROLL AN INDIVIDUAL RECEIVING MEDICAL
ASSISTANCE PRIOR TO THE STATE DEPARTMENT PROCESSING THE
INDIVIDUAL
'S NEXT ANNUAL RENEWAL FOR ELIGIBILITY FOLLOWING THE END
OF THE CONTINUOUS ENROLLMENT REQUIREMENTS IMPLEMENTED PURS UANT
TO THE FEDERAL
"FAMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L.
116-127,
AND THE FEDERAL "CONSOLIDATED APPROPRIATIONS ACT, 2023".
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS
SUBSECTION
(7) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME
ROUTINE OPERATIONS BY
JUNE 1, 2024, THAT FOLLOW GUIDANCE ISSUED BY
THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES
, INCLUDING
TERMINATIONS OF ELIGIBILITY
, THE PROCESSING OF ELIGIBILITY RENEWALS,
AND THE TRANSITION BETWEEN MEDICAL ASSISTANCE AND CHILDREN 'S BASIC
HEALTH PLAN ELIGIBILITY CATEGORIES
.
(c) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JUNE 1, 2024.
(8) (a) T
HE STATE DEPARTMENT MAY CONTINUE TO PROVIDE
COVERAGE FOR THE TESTING AND TREATMENT FOR
COVID-19 FOR
UNINSURED INDIVIDUALS PURSUANT TO SECTION
1902 (a)(10)(A)(ii)(XXIII)
OF THE FEDERAL "SOCIAL SECURITY ACT" THROUGH MAY 31, 2023,
WITHOUT FEDERAL FINANCIAL PARTICIPATION .
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS
SUBSECTION
(8) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME
ROUTINE OPERATIONS IN AN ORDERLY PROCESS THAT FOLLOWS GUIDANCE
PROVIDED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID
SERVICES
, INCLUDING TERMINATIONS OF ELIGIBILITY, THE PROCESSING OF
ELIGIBILITY RENEWALS
, AND THE TRANSITION BETWEEN MEDICAID AND
CHILDREN
'S BASIC HEALTH PLAN ELIGIBILITY CATEGORIES.
(c) T
HIS SUBSECTION (8) IS REPEALED, EFFECTIVE MAY 31, 2023.
SECTION 3. In Colorado Revised Statutes, 25.5-4-205, add (3)(f)
as follows:
25.5-4-205. Application - verification of eligibility -
demonstration project - rules - repeal. (3) (f) (I) T
O ENSURE THAT THE
STATE DEPARTMENT MAINTAINS ACCESS TO STATE AND FEDERAL FUNDING
PAGE 3-SENATE BILL 23-182 PROVIDED BY THE FEDERAL "FAMILIES FIRST CORONAVIRUS RESPONSE
ACT", PUB.L. 116-127, AND THE FEDERAL "CONSOLIDATED APPROPRIATIONS
ACT, 2023", SUBSECTIONS (3)(b)(I) AND (3)(d) OF THIS SECTION REQUIRING
THE COLLECTION OR VERIFICATION OF ANY INFORMATION RELATED TO
MEDICAL ASSISTANCE ELIGIBILITY FACTORS
, INCLUDING CITIZENSHIP,
HOUSEHOLD SIZE, INCOME, OR ASSETS FOR THOSE INDIVIDUALS ALREADY
ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM ARE SUSPENDED UNTIL
JUNE 1, 2024.
(II) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS
SUBSECTION
(3)(f) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME
ROUTINE OPERATIONS BY
JUNE 1, 2024, THAT FOLLOW GUIDANCE ISSUED BY
THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES
, INCLUDING
TERMINATIONS OF ELIGIBILITY
, THE PROCESSING OF ELIGIBILITY RENEWALS,
AND THE TRANSITION BETWEEN MEDICAL ASSISTANCE AND CHILDREN 'S BASIC
HEALTH PLAN ELIGIBILITY CATEGORIES
.
(III) T
HIS SUBSECTION (3)(f) IS REPEALED, EFFECTIVE JUNE 1, 2024.
SECTION 4. In Colorado Revised Statutes, 25.5-6-1404, add (6)
as follows:
25.5-6-1404. Medicaid buy-in program - eligibility - premiums
- medicaid buy-in fund - report - rules - repeal. (6) (a) T
O ENSURE THAT
THE STATE DEPARTMENT MAINTAINS ACCESS TO STATE AND FEDERAL
FUNDING PROVIDED BY THE FEDERAL
"FAMILIES FIRST CORONAVIRUS
RESPONSE ACT", PUB.L. 116-127, AND THE FEDERAL "CONSOLIDATED
APPROPRIATIONS ACT, 2023", SUBSECTIONS (1)(a), (1)(b), AND (3)(a) OF
THIS SECTION ESTABLISHING COVERAGE GROUP REQUIREMENTS AND
REQUIRING PAYMENT OF PREMIUMS IN ORDER TO MAINTAIN ELIGIBILITY FOR
THE MEDICAID BUY
-IN PROGRAM ARE SUSPENDED UNTIL THE LAST DAY OF
THE TWELFTH MONTH FOLLOWING THE END OF THE DECLARED FEDERAL
PUBLIC HEALTH EMERGENCY AS A RESULT OF THE CORONAVIRUS DISEASE
2019, KNOWN AS "COVID-19".
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS
SUBSECTION
(6) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME
ROUTINE OPERATIONS THAT FOLLOW GUIDANCE ISSUED BY THE FEDERAL
CENTERS FOR MEDICARE AND MEDICAID SERVICES
, INCLUDING
TERMINATIONS OF ELIGIBILITY
, THE PROCESSING OF ELIGIBILITY RENEWALS,
PAGE 4-SENATE BILL 23-182 AND THE TRANSITION BETWEEN MEDICAL ASSISTANCE AND CHILDREN 'S BASIC
HEALTH PLAN ELIGIBILITY CATEGORIES
.
(c) T
HIS SUBSECTION (6) IS REPEALED, EFFECTIVE JUNE 1, 2024.
SECTION 5. In Colorado Revised Statutes, 25.5-8-109, add (8) as
follows:
25.5-8-109. Eligibility - children - pregnant women - rules -
repeal. (8) (a) T
O ENSURE THAT THE STATE DEPARTMENT MAINTAINS
ACCESS TO STATE AND FEDERAL FUNDING PROVIDED BY THE FEDERAL
"FAMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L. 116-127, AND THE
FEDERAL
"CONSOLIDATED APPROPRIATIONS ACT, 2023", SUBSECTIONS (4)
AND (4.5)(a)(II) OF THIS SECTION REQUIRING THE STATE DEPARTMENT TO
DISENROLL AN INDIVIDUAL ENROLLED IN THE CHILDREN
'S BASIC HEALTH
PLAN DUE TO THE ANNUAL VERIFICATION OF INCOME
, AS AUTHORIZED BY
THE CENTERS FOR MEDICARE AND MEDICAID SERVICES ARE SUSPENDED
UNTIL
JUNE 1, 2024.
(b) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS
SUBSECTION
(8) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME
ROUTINE OPERATIONS BY
JUNE 1, 2024, THAT FOLLOW GUIDANCE ISSUED BY
THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES
, INCLUDING
TERMINATIONS OF ELIGIBILITY
, THE PROCESSING OF ELIGIBILITY RENEWALS,
AND THE TRANSITION BETWEEN MEDICAL ASSISTANCE AND CHILDREN 'S BASIC
HEALTH PLAN ELIGIBILITY CATEGORIES
.
(c) T
HIS SUBSECTION (8) IS REPEALED, EFFECTIVE JUNE 1, 2024.
SECTION 6. In Colorado Revised Statutes, 25.5-4-209, add (1)(e)
as follows:
25.5-4-209. Payments by third parties - copayments by
recipients - review - appeal - children's waiting list reduction fund -
rules - repeal. (1) (e) (I) T
O ENSURE THAT THE STATE DEPARTMENT
MAINTAINS ACCESS TO STATE AND FEDERAL FUNDING PROVIDED BY THE
FEDERAL
"FAMILIES FIRST CORONAVIRUS RESPONSE ACT", PUB.L. 116-127,
AND THE FEDERAL "CONSOLIDATED APPROPRIATIONS ACT, 2023",
SUBSECTIONS (1)(b) AND (1)(c) OF THIS SECTION REQUIRING COPAYMENTS
OR MEMBER COST SHARING FOR
COVID-19 TESTING, VACCINES, SPECIALIZED
PAGE 5-SENATE BILL 23-182 EQUIPMENT, AND THERAPIES TO COMPLY WITH THE "FAMILY FIRST
CORONAVIRUS RESPONSE ACT", PUB.L. 116-127, AND THE "AMERICAN
RESCUE PLAN ACT OF 2021", PUB.L. 117-2, ARE SUSPENDED UNTIL THE LAST
DAY OF THE TWELFTH MONTH FOLLOWING THE END OF THE DECLARED
FEDERAL PUBLIC HEALTH EMERGENCY AS A RESULT OF THE CORONAVIRUS
DISEASE
2019, KNOWN AS "COVID-19".
(II) T
HE STATE BOARD MAY ADOPT RULES TO IMPLEMENT THIS
SUBSECTION
(1)(e) TO ENSURE THAT THE STATE DEPARTMENT CAN RESUME
ROUTINE OPERATIONS THAT FOLLOW GUIDANCE ISSUED BY THE FEDERAL
CENTERS FOR MEDICARE AND MEDICAID SERVICES
, INCLUDING
TERMINATIONS OF ELIGIBILITY
, THE PROCESSING OF ELIGIBILITY RENEWALS,
AND THE TRANSITION BETWEEN MEDICAL ASSISTANCE AND CHILDREN 'S BASIC
HEALTH PLAN ELIGIBILITY CATEGORIES
.
(III) T
HIS SUBSECTION (1)(e) IS REPEALED, EFFECTIVE SEPTEMBER
30, 2024.
SECTION 7. Safety clause. The general assembly hereby finds,
PAGE 6-SENATE BILL 23-182 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
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 7-SENATE BILL 23-182