Second 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. 24-1095.01 Shelby Ross x4510
HOUSE BILL 24-1400
House Committees Senate Committees
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEDICAID ELI GIBILITY PROCEDURES .101
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/
.)
Joint Budget Committee. Current law suspends certain provisions
related to medicaid eligibility until June 1, 2024. The bill extends the
suspension of those provisions until January 1, 2025.
The bill authorizes the department of health care policy and
financing (state department) to seek federal authorization to not require
additional verification during a medicaid member's (member) eligibility
reenrollment process if information about the member's income or assets
is not verified through a federally approved electronic data source.
HOUSE
2nd Reading Unamended
March 28, 2024
HOUSE SPONSORSHIP
Bird and Sirota, Taggart
SENATE SPONSORSHIP
Kirkmeyer and Zenzinger, Bridges
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. For a member's income verification, the bill authorizes the state
department to use the information on file or the information that was
originally collected during the application process to determine whether
the member is eligible for reenrollment. The state department shall
require additional income verification if information about a member's
income is not verified through a federally approved electronic data source
for 2 or more consecutive years or as specified through federal
authorization.
For a member's asset verification, the state department may
complete the member's eligibility reenrollment process without any
additional asset verification if there has been no change in the member's
assets since the initial verification during the application process or as
specified through federal authorization.
The bill authorizes the state department to seek federal
authorization to delay a member's procedural termination during the
reenrollment process to allow the member to continue receiving necessary
services during the reenrollment process. The bill authorizes the state
department to apply this delay in procedural termination to a specific
population or as specified through federal authorization.
The bill authorizes the state department to seek federal
authorization to allow an applicant's or member's eligibility for
reenrollment to be based on financial findings from the supplemental
nutrition assistance program, the temporary assistance for needy families
program, and other means-tested benefit programs administered through
the Colorado benefits management system. The state department may
apply financial eligibility for medicaid to individuals whose gross income
program and assets for applicable means-tested benefit programs are
below applicable medicaid limits, regardless of differences in household
composition and income-counting rules between programs or as specified
through federal authorization.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25.5-5-101, amend2
(6)(a) introductory portion, (6)(b), and (6)(c) as follows:3
25.5-5-101. Mandatory provisions - eligible groups - rules -4
repeal. (6) (a) To ensure that the state department maintains access to5
state and federal funding provided by the federal "Families First6
Coronavirus Response Act", Pub.L. 116-127, and the federal7
"Consolidated Appropriations Act, 2023", the following subsections of8
1400-2- this section are suspended until June 1, 2024 JANUARY 1, 2025:1
(b) The state board may adopt rules to implement this subsection2
(6) to ensure that the state department can resume routine operations by3
June 1, 2024, that follow guidance issued by the federal centers for4
medicare and medicaid services, including terminations of eligibility, the5
processing of eligibility renewals, and the transition between medical6
assistance and children's basic health plan eligibility categories.7
(c) This subsection (6) is repealed, effective June 1, 20248
J
ANUARY 1, 2025.9
SECTION 2. In Colorado Revised Statutes, 25.5-5-201, amend10
(7)(a) introductory portion, (7)(b), and (7)(c) as follows:11
25.5-5-201. Optional provisions - optional groups - rules -12
repeal. (7) (a) To ensure that the state department maintains access to13
state and federal funding provided by the federal "Families First14
Coronavirus Response Act", Pub.L. 116-127, and the federal15
"Consolidated Appropriations Act, 2023", the following subsections of16
this section are suspended until June 1, 2024
JANUARY 1, 2025:17
(b) The state board may adopt rules to implement this subsection18
(7) to ensure that the state department can resume routine operations by19
June 1, 2024, that follow guidance issued by the federal centers for20
medicare and medicaid services, including terminations of eligibility, the21
processing of eligibility renewals, and the transition between medical22
assistance and children's basic health plan eligibility categories.23
(c) This subsection (7) is repealed, effective June 1, 202424
J
ANUARY 1, 2025.25
SECTION 3. In Colorado Revised Statutes, 25.5-4-205, amend26
(3)(b)(I.5) and (3)(f) as follows:27
1400
-3- 25.5-4-205. Application - verification of eligibility -1
demonstration project - rules - repeal. (3) (b) (I.5) (A) If the state2
department determines that a recipient MEMBER was not eligible for3
medical benefits solely based upon the recipient's MEMBER'S income after4
the recipient MEMBER had been determined to be eligible based upon5
electronic data obtained through a federally approved electronic data6
source, the state department shall not pursue recovery from a county7
department for the cost of medical services provided to the recipient8
MEMBER, and the county department is not responsible for any federal9
error rate sanctions resulting from such THE determination.10
(B) Notwithstanding any other provision in this paragraph (b)11
SUBSECTION (3)(b), for applications that contain self-employment income,12
the state department shall not implement this paragraph (b) SUBSECTION13
(3)(b) until it THE STATE DEPARTMENT can verify self-employment income14
through federally approved electronic data sources as authorized by rules15
of the state department and federal law.16
(C) T
HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION17
TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER 'S18
ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE19
MEMBER'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY APPROVED20
ELECTRONIC DATA SOURCE . THE STATE DEPARTMENT MAY USE THE21
INFORMATION ON FILE OR THE INFORMATION THAT WAS ORIGINALLY22
COLLECTED DURING THE APPLICATION PROCESS TO DETERMINE WHETHER23
THE MEMBER IS ELIGIBLE FOR REENROLLMENT . NOTWITHSTANDING THIS24
SUBSECTION (3)(b)(I.5)(C) TO THE CONTRARY, THE STATE DEPARTMENT25
SHALL REQUIRE ADDITIONAL INCOME VERIFICATION IF INFORMATION26
ABOUT A MEMBER'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY27
1400
-4- APPROVED ELECTRONIC DATA SOURCE FOR TWO OR MORE CONSECUTIVE1
YEARS OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION .2
(D) T
HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION3
TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER 'S4
ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE5
MEMBER'S ASSETS IS NOT VERIFIED THROUGH A FEDERALLY APPROVED6
ELECTRONIC DATA SOURCE IN A REASONABLE TIME , AS DETERMINED BY7
THE STATE DEPARTMENT. THE STATE DEPARTMENT MAY COMPLETE THE8
MEMBER'S ELIGIBILITY REENROLLMENT PROCESS WITHOUT ANY9
ADDITIONAL VERIFICATION OF THE MEMBER 'S ASSETS IF THERE HAS BEEN10
NO CHANGE IN THE MEMBER 'S ASSETS SINCE THE INITIAL VERIFICATION11
DURING THE APPLICATION PROCESS OR AS SPECIFIED THROUGH FEDERAL12
AUTHORIZATION.13
(E) T
HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION14
TO DELAY A MEMBER 'S PROCEDURAL TERMINATION DURING THE15
REENROLLMENT PROCESS TO ALLOW THE MEMBER TO CONTINUE16
RECEIVING NECESSARY SERVICES DURING THE REENROLLMENT PROCESS .17
T
HE STATE DEPARTMENT MAY APPLY THIS DELAY IN PROCEDURAL18
TERMINATION TO A SPECIFIC POPULATION OR AS SPECIFIED THROUGH19
FEDERAL AUTHORIZATION.20
(F) T
HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION21
TO ALLOW AN APPLICANT'S OR MEMBER'S ELIGIBILITY FOR REENROLLMENT22
TO BE BASED ON FINANCIAL FINDINGS FROM THE SUPPLEMENTAL23
NUTRITION ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO PART 3 OF24
ARTICLE 2 OF TITLE 26, THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES25
PROGRAM ESTABLISHED PURSUANT TO PART 7 OF ARTICLE 2 OF TITLE 26,26
AND OTHER MEANS-TESTED BENEFIT PROGRAMS ADMINISTERED THROUGH27
1400
-5- THE COLORADO BENEFITS MANAGEMENT SYSTEM . THE STATE1
DEPARTMENT MAY APPLY FINANCIAL ELIGIBILITY FOR MEDICAID TO2
INDIVIDUALS WHOSE GROSS INCOME PROGRAM AND ASSETS FOR3
APPLICABLE MEANS-TESTED BENEFIT PROGRAMS ARE BELOW APPLICABLE4
MEDICAID LIMITS, REGARDLESS OF DIFFERENCES IN HOUSEHOLD5
COMPOSITION AND INCOME-COUNTING RULES BETWEEN PROGRAMS OR AS6
SPECIFIED THROUGH FEDERAL AUTHORIZATION .7
(G) S
UBJECT TO AVAILABLE APPROPRIATIONS AND UPON8
RECEIVING NECESSARY FEDERAL AUTHORIZATION , THE STATE9
DEPARTMENT MAY IMPLEMENT SUBSECTIONS (3)(b)(I.5)(C), (3)(b)(I.5)(D),10
(3)(b)(I.5)(E),
AND (3)(b)(I.5)(F) OF THIS SECTION.11
(f) (I) To ensure that the state department maintains access to state12
and federal funding provided by the federal "Families First Coronavirus13
Response Act", Pub.L. 116-127, and the federal "Consolidated14
Appropriations Act, 2023", subsections (3)(b)(I) and (3)(d) of this section15
requiring the collection or verification of any information related to16
medical assistance eligibility factors, including citizenship, household17
size, income, or assets for those individuals already enrolled in the18
medical assistance program, are suspended until June 1, 2024
JANUARY19
1,
2025.20
(II) The state board may adopt rules to implement this subsection21
(3)(f) to ensure that the state department can resume routine operations22
by June 1, 2024,
that follow guidance issued by the federal centers for23
medicare and medicaid services, including terminations of eligibility, the24
processing of eligibility renewals, and the transition between medical25
assistance and children's basic health plan eligibility categories.26
(III) This subsection (3)(f) is repealed, effective June 1, 202427
1400
-6- JANUARY 1, 2025.1
SECTION 4. In Colorado Revised Statutes, 25.5-6-1404, amend2
(6)(c) as follows:3
25.5-6-1404. Medicaid buy-in program - eligibility - premiums4
- medicaid buy-in fund - report - rules - repeal. (6) (c) This subsection5
(6) is repealed, effective June 1, 2024 SEPTEMBER 1, 2025.6
SECTION 5. In Colorado Revised Statutes, 25.5-8-109, amend7
(8); and add (4.5)(a)(VI), (4.5)(a)(VII), (4.5)(a)(VIII), (4.5)(a)(IX), and8
(4.5)(a)(X) as follows:9
25.5-8-109. Eligibility - children - pregnant women - rules -10
repeal. (4.5) (a) (VI) T
HE STATE DEPARTMENT MAY SEEK FEDERAL11
AUTHORIZATION TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A12
MEMBER'S ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT13
THE MEMBER'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY14
APPROVED ELECTRONIC DATA SOURCE . THE STATE DEPARTMENT MAY USE15
THE INFORMATION ON FILE OR THE INFORMATION THAT WAS ORIGINALLY16
COLLECTED DURING THE APPLICATION PROCESS TO DETERMINE WHETHER17
THE MEMBER IS ELIGIBLE FOR REENROLLMENT . NOTWITHSTANDING THIS18
SUBSECTION (4.5)(a)(VI) TO THE CONTRARY, THE STATE DEPARTMENT19
SHALL REQUIRE ADDITIONAL INCOME VERIFICATION IF INFORMATION20
ABOUT A MEMBER'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY21
APPROVED ELECTRONIC DATA SOURCE FOR TWO OR MORE CONSECUTIVE22
YEARS OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION .23
(VII) T
HE STATE DEPARTMENT MAY SEEK FEDERAL24
AUTHORIZATION TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A25
MEMBER'S ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT26
THE MEMBER'S ASSETS IS NOT VERIFIED THROUGH A FEDERALLY APPROVED27
1400
-7- ELECTRONIC DATA SOURCE IN A REASONABLE TIME , AS DETERMINED BY1
THE STATE DEPARTMENT. THE STATE DEPARTMENT MAY COMPLETE THE2
MEMBER'S ELIGIBILITY REENROLLMENT PROCESS WITHOUT ANY3
ADDITIONAL VERIFICATION OF THE MEMBER 'S ASSETS IF THERE HAS BEEN4
NO CHANGE IN THE MEMBER 'S ASSETS SINCE THE INITIAL VERIFICATION5
DURING THE APPLICATION PROCESS OR AS SPECIFIED THROUGH FEDERAL6
AUTHORIZATION.7
(VIII) T
HE STATE DEPARTMENT MAY SEEK FEDERAL8
AUTHORIZATION TO DELAY A MEMBER 'S PROCEDURAL TERMINATION9
DURING THE REENROLLMENT PROCESS TO ALLOW THE MEMBER TO10
CONTINUE RECEIVING NECESSARY SERVICES DURING THE REENROLLMENT11
PROCESS. THE STATE DEPARTMENT MAY APPLY THIS DELAY IN12
PROCEDURAL TERMINATION TO A SPECIFIC POPULATION OR AS SPECIFIED13
THROUGH FEDERAL AUTHORIZATION .14
(IX) T
HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION15
TO ALLOW AN APPLICANT'S OR MEMBER'S ELIGIBILITY FOR REENROLLMENT16
TO BE BASED ON FINANCIAL FINDINGS FROM THE SUPPLEMENTAL17
NUTRITION ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO PART 3 OF18
ARTICLE 2 OF TITLE 26, THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES19
PROGRAM ESTABLISHED PURSUANT TO PART 7 OF ARTICLE 2 OF TITLE 26,20
AND OTHER MEANS-TESTED BENEFIT PROGRAMS ADMINISTERED THROUGH21
THE COLORADO BENEFITS MANAGEMENT SYSTEM . THE STATE22
DEPARTMENT MAY APPLY FINANCIAL ELIGIBILITY FOR MEDICAID TO23
INDIVIDUALS WHOSE GROSS INCOME PROGRAM AND ASSETS FOR24
APPLICABLE MEANS-TESTED BENEFIT PROGRAMS ARE BELOW APPLICABLE25
MEDICAID LIMITS, REGARDLESS OF DIFFERENCES IN HOUSEHOLD26
COMPOSITION AND INCOME-COUNTING RULES BETWEEN PROGRAMS OR AS27
1400
-8- SPECIFIED THROUGH FEDERAL AUTHORIZATION .1
(X) S
UBJECT TO AVAILABLE APPROPRIATIONS AND UPON2
RECEIVING NECESSARY FEDERAL AUTHORIZATION , THE STATE3
DEPARTMENT MAY IMPLEMENT SUBSECTIONS (4.5)(a)(VI), (4.5)(a)(VII),4
(4.5)(a)(VIII),
AND (4.5)(a)(IX) OF THIS SECTION.5
(8) (a) To ensure that the state department maintains access to6
state and federal funding provided by the federal "Families First7
Coronavirus Response Act", Pub.L. 116-127, and the federal8
"Consolidated Appropriations Act, 2023", subsections (4) and (4.5)(a)(II)9
of this section requiring the state department to disenroll an individual10
enrolled in the children's basic health plan due to the annual verification11
of income, as authorized by the centers for medicare and medicaid12
services, are suspended until June 1, 2024
JANUARY 1, 2025.13
(b) The state board may adopt rules to implement this subsection14
(8) to ensure that the state department can resume routine operations by15
June 1, 2024, that follow guidance issued by the federal centers for16
medicare and medicaid services, including terminations of eligibility, the17
processing of eligibility renewals, and the transition between medical18
assistance and children's basic health plan eligibility categories.19
(c) This subsection (8) is repealed, effective June 1, 202420
J
ANUARY 1, 2025.21
SECTION 6. Safety clause. The general assembly finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety or for appropriations for24
the support and maintenance of the departments of the state and state25
institutions.26
1400
-9-