Colorado 2024 Regular Session

Colorado House Bill HB1400 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-1095.01 Shelby Ross x4510
1	8		HOUSE BILL 24-1400
2		-	BY REPRESENTATIVE(S) Bird and Sirota, Taggart, Amabile, Bacon,
3		-	Brown, Duran, English, Epps, Garcia, Hamrick, Herod, Joseph, Lindsay,
4		-	Lindstedt, Marvin, Rutinel, Snyder, Titone, Young, McCluskie;
5		-	also SENATOR(S) Kirkmeyer and Zenzinger, Bridges, Cutter, Exum,
6		-	Hinrichsen, Michaelson Jenet, Priola.
	9	+	House Committees Senate Committees
	10	+	Appropriations Appropriations
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING MEDICAID ELIGIBILITY PROCEDURES .
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. In Colorado Revised Statutes, 25.5-5-101, amend
12		-	(6)(a) introductory portion, (6)(b), and (6)(c) as follows:
13		-	25.5-5-101. Mandatory provisions - eligible groups - rules -
14		-	repeal. (6) (a) To ensure that the state department maintains access to state
15		-	and federal funding provided by the federal "Families First Coronavirus
16		-	Response Act", Pub.L. 116-127, and the federal "Consolidated
17		-	Appropriations Act, 2023", the following subsections of this section are
18		-	suspended until June 1, 2024
19		-	JANUARY 1, 2025:
20		-	(b) The state board may adopt rules to implement this subsection (6)
21		-	to ensure that the state department can resume routine operations by June
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. 1, 2024, that follow guidance issued by the federal centers for medicare and
30		-	medicaid services, including terminations of eligibility, the processing of
31		-	eligibility renewals, and the transition between medical assistance and
32		-	children's basic health plan eligibility categories.
33		-	(c) This subsection (6) is repealed, effective June 1, 2024
34		-	JANUARY
35		-	1, 2025.
36		-	SECTION 2. In Colorado Revised Statutes, 25.5-5-201, amend
37		-	(7)(a) introductory portion, (7)(b), and (7)(c) as follows:
38		-	25.5-5-201. Optional provisions - optional groups - rules - repeal.
39		-	(7) (a) To ensure that the state department maintains access to state and
40		-	federal funding provided by the federal "Families First Coronavirus
41		-	Response Act", Pub.L. 116-127, and the federal "Consolidated
42		-	Appropriations Act, 2023", the following subsections of this section are
43		-	suspended until June 1, 2024
44		-	JANUARY 1, 2025:
45		-	(b) The state board may adopt rules to implement this subsection (7)
46		-	to ensure that the state department can resume routine operations by June
47		-	1, 2024, that follow guidance issued by the federal centers for medicare and
48		-	medicaid services, including terminations of eligibility, the processing of
49		-	eligibility renewals, and the transition between medical assistance and
50		-	children's basic health plan eligibility categories.
51		-	(c) This subsection (7) is repealed, effective June 1, 2024
52		-	JANUARY
53		-	1, 2025.
54		-	SECTION 3. In Colorado Revised Statutes, 25.5-4-205, amend
55		-	(3)(b)(I.5) and (3)(f) as follows:
56		-	25.5-4-205. Application - verification of eligibility -
57		-	demonstration project - rules - repeal. (3) (b) (I.5) (A) If the state
58		-	department determines that a recipient MEMBER was not eligible for medical
59		-	benefits solely based upon the recipient's MEMBER'S income after the
60		-	recipient MEMBER had been determined to be eligible based upon electronic
61		-	data obtained through a federally approved electronic data source, the state
62		-	department shall not pursue recovery from a county department for the cost
63		-	of medical services provided to the recipient
64		-	MEMBER, and the county
65		-	department is not responsible for any federal error rate sanctions resulting
66		-	PAGE 2-HOUSE BILL 24-1400 from such THE determination.
67		-	(B) Notwithstanding any other provision in this paragraph (b)
68		-	SUBSECTION (3)(b), for applications that contain self-employment income,
69		-	the state department shall not implement this paragraph (b) SUBSECTION
70		-	(3)(b) until it THE STATE DEPARTMENT can verify self-employment income
71		-	through federally approved electronic data sources as authorized by rules
72		-	of the state department and federal law.
	13	+	ONCERNING MEDICAID ELI GIBILITY PROCEDURES .101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov/
	20	+	.)
	21	+	Joint Budget Committee. Current law suspends certain provisions
	22	+	related to medicaid eligibility until June 1, 2024. The bill extends the
	23	+	suspension of those provisions until January 1, 2025.
	24	+	The bill authorizes the department of health care policy and
	25	+	financing (state department) to seek federal authorization to not require
	26	+	additional verification during a medicaid member's (member) eligibility
	27	+	reenrollment process if information about the member's income or assets
	28	+	is not verified through a federally approved electronic data source.
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	April 5, 2024
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	April 4, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 1, 2024
	38	+	HOUSE
	39	+	2nd Reading Unamended
	40	+	March 28, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Bird and Sirota, Taggart, Amabile, Bacon, Brown, Duran, English, Epps, Garcia, Hamrick,
	43	+	Herod, Joseph, Lindsay, Lindstedt, Marvin, McCluskie, Rutinel, Snyder, Titone, Young
	44	+	SENATE SPONSORSHIP
	45	+	Kirkmeyer and Zenzinger, Bridges, Cutter, Exum, Hinrichsen, Michaelson Jenet, Priola
	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 law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. For a member's income verification, the bill authorizes the state
	49	+	department to use the information on file or the information that was
	50	+	originally collected during the application process to determine whether
	51	+	the member is eligible for reenrollment. The state department shall
	52	+	require additional income verification if information about a member's
	53	+	income is not verified through a federally approved electronic data source
	54	+	for 2 or more consecutive years or as specified through federal
	55	+	authorization.
	56	+	For a member's asset verification, the state department may
	57	+	complete the member's eligibility reenrollment process without any
	58	+	additional asset verification if there has been no change in the member's
	59	+	assets since the initial verification during the application process or as
	60	+	specified through federal authorization.
	61	+	The bill authorizes the state department to seek federal
	62	+	authorization to delay a member's procedural termination during the
	63	+	reenrollment process to allow the member to continue receiving necessary
	64	+	services during the reenrollment process. The bill authorizes the state
	65	+	department to apply this delay in procedural termination to a specific
	66	+	population or as specified through federal authorization.
	67	+	The bill authorizes the state department to seek federal
	68	+	authorization to allow an applicant's or member's eligibility for
	69	+	reenrollment to be based on financial findings from the supplemental
	70	+	nutrition assistance program, the temporary assistance for needy families
	71	+	program, and other means-tested benefit programs administered through
	72	+	the Colorado benefits management system. The state department may
	73	+	apply financial eligibility for medicaid to individuals whose gross income
	74	+	program and assets for applicable means-tested benefit programs are
	75	+	below applicable medicaid limits, regardless of differences in household
	76	+	composition and income-counting rules between programs or as specified
	77	+	through federal authorization.
	78	+	Be it enacted by the General Assembly of the State of Colorado:1
	79	+	SECTION 1. In Colorado Revised Statutes, 25.5-5-101, amend2
	80	+	(6)(a) introductory portion, (6)(b), and (6)(c) as follows:3
	81	+	25.5-5-101. Mandatory provisions - eligible groups - rules -4
	82	+	repeal. (6) (a) To ensure that the state department maintains access to5
	83	+	state and federal funding provided by the federal "Families First6
	84	+	Coronavirus Response Act", Pub.L. 116-127, and the federal7
	85	+	"Consolidated Appropriations Act, 2023", the following subsections of8
	86	+	1400-2- this section are suspended until June 1, 2024 JANUARY 1, 2025:1
	87	+	(b) The state board may adopt rules to implement this subsection2
	88	+	(6) to ensure that the state department can resume routine operations by3
	89	+	June 1, 2024, that follow guidance issued by the federal centers for4
	90	+	medicare and medicaid services, including terminations of eligibility, the5
	91	+	processing of eligibility renewals, and the transition between medical6
	92	+	assistance and children's basic health plan eligibility categories.7
	93	+	(c) This subsection (6) is repealed, effective June 1, 20248
	94	+	J
	95	+	ANUARY 1, 2025.9
	96	+	SECTION 2. In Colorado Revised Statutes, 25.5-5-201, amend10
	97	+	(7)(a) introductory portion, (7)(b), and (7)(c) as follows:11
	98	+	25.5-5-201. Optional provisions - optional groups - rules -12
	99	+	repeal. (7) (a) To ensure that the state department maintains access to13
	100	+	state and federal funding provided by the federal "Families First14
	101	+	Coronavirus Response Act", Pub.L. 116-127, and the federal15
	102	+	"Consolidated Appropriations Act, 2023", the following subsections of16
	103	+	this section are suspended until June 1, 2024
	104	+	JANUARY 1, 2025:17
	105	+	(b) The state board may adopt rules to implement this subsection18
	106	+	(7) to ensure that the state department can resume routine operations by19
	107	+	June 1, 2024, that follow guidance issued by the federal centers for20
	108	+	medicare and medicaid services, including terminations of eligibility, the21
	109	+	processing of eligibility renewals, and the transition between medical22
	110	+	assistance and children's basic health plan eligibility categories.23
	111	+	(c) This subsection (7) is repealed, effective June 1, 202424
	112	+	J
	113	+	ANUARY 1, 2025.25
	114	+	SECTION 3. In Colorado Revised Statutes, 25.5-4-205, amend26
	115	+	(3)(b)(I.5) and (3)(f) as follows:27
	116	+	1400
	117	+	-3- 25.5-4-205. Application - verification of eligibility -1
	118	+	demonstration project - rules - repeal. (3) (b) (I.5) (A) If the state2
	119	+	department determines that a recipient MEMBER was not eligible for3
	120	+	medical benefits solely based upon the recipient's MEMBER'S income after4
	121	+	the recipient MEMBER had been determined to be eligible based upon5
	122	+	electronic data obtained through a federally approved electronic data6
	123	+	source, the state department shall not pursue recovery from a county7
	124	+	department for the cost of medical services provided to the recipient8
	125	+	MEMBER, and the county department is not responsible for any federal9
	126	+	error rate sanctions resulting from such THE determination.10
	127	+	(B) Notwithstanding any other provision in this paragraph (b)11
	128	+	SUBSECTION (3)(b), for applications that contain self-employment income,12
	129	+	the state department shall not implement this paragraph (b) SUBSECTION13
	130	+	(3)(b) until it THE STATE DEPARTMENT can verify self-employment income14
	131	+	through federally approved electronic data sources as authorized by rules15
	132	+	of the state department and federal law.16
73	133		(C) T
74		-	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
75		-	TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER
76		-	'S
77		-	ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE MEMBER
78		-	'S
79		-	INCOME IS NOT VERIFIED THROUGH A FEDERALLY APPROVED ELECTRONIC
80		-	DATA SOURCE
81		-	. THE STATE DEPARTMENT MAY USE THE INFORMATION ON FILE
82		-	OR THE INFORMATION THAT WAS ORIGINALLY COLLECTED DURING THE
83		-	APPLICATION PROCESS TO DETERMINE WHETHER THE MEMBER IS ELIGIBLE
84		-	FOR REENROLLMENT
85		-	. NOTWITHSTANDING THIS SUBSECTION (3)(b)(I.5)(C)
86		-	TO THE CONTRARY, THE STATE DEPARTMENT SHALL REQUIRE ADDITIONAL
87		-	INCOME VERIFICATION IF INFORMATION ABOUT A MEMBER
88		-	'S INCOME IS NOT
89		-	VERIFIED THROUGH A FEDERALLY APPROVED ELECTRONIC DATA SOURCE FOR
90		-	TWO OR MORE CONSECUTIVE YEARS OR AS SPECIFIED THROUGH FEDERAL
91		-	AUTHORIZATION
92		-	.
	134	+	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION17
	135	+	TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER 'S18
	136	+	ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE19
	137	+	MEMBER'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY APPROVED20
	138	+	ELECTRONIC DATA SOURCE . THE STATE DEPARTMENT MAY USE THE21
	139	+	INFORMATION ON FILE OR THE INFORMATION THAT WAS ORIGINALLY22
	140	+	COLLECTED DURING THE APPLICATION PROCESS TO DETERMINE WHETHER23
	141	+	THE MEMBER IS ELIGIBLE FOR REENROLLMENT . NOTWITHSTANDING THIS24
	142	+	SUBSECTION (3)(b)(I.5)(C) TO THE CONTRARY, THE STATE DEPARTMENT25
	143	+	SHALL REQUIRE ADDITIONAL INCOME VERIFICATION IF INFORMATION26
	144	+	ABOUT A MEMBER'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY27
	145	+	1400
	146	+	-4- APPROVED ELECTRONIC DATA SOURCE FOR TWO OR MORE CONSECUTIVE1
	147	+	YEARS OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION .2
93	148		(D) T
94		-	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
95		-	TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER
96		-	'S
97		-	ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE MEMBER
98		-	'S
99		-	ASSETS IS NOT VERIFIED THROUGH A FEDERALLY APPROVED ELECTRONIC
100		-	DATA SOURCE IN A REASONABLE TIME
101		-	, AS DETERMINED BY THE STATE
102		-	DEPARTMENT
103		-	. THE STATE DEPARTMENT MAY COMPLETE THE MEMBER 'S
104		-	ELIGIBILITY REENROLLMENT PROCESS WITHOUT ANY ADDITIONAL
105		-	VERIFICATION OF THE MEMBER
106		-	'S ASSETS IF THERE HAS BEEN NO CHANGE IN
107		-	THE MEMBER
108		-	'S ASSETS SINCE THE INITIAL VERIFICATION DURING THE
109		-	APPLICATION PROCESS OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION
110		-	.
	149	+	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION3
	150	+	TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER 'S4
	151	+	ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE5
	152	+	MEMBER'S ASSETS IS NOT VERIFIED THROUGH A FEDERALLY APPROVED6
	153	+	ELECTRONIC DATA SOURCE IN A REASONABLE TIME , AS DETERMINED BY7
	154	+	THE STATE DEPARTMENT. THE STATE DEPARTMENT MAY COMPLETE THE8
	155	+	MEMBER'S ELIGIBILITY REENROLLMENT PROCESS WITHOUT ANY9
	156	+	ADDITIONAL VERIFICATION OF THE MEMBER 'S ASSETS IF THERE HAS BEEN10
	157	+	NO CHANGE IN THE MEMBER 'S ASSETS SINCE THE INITIAL VERIFICATION11
	158	+	DURING THE APPLICATION PROCESS OR AS SPECIFIED THROUGH FEDERAL12
	159	+	AUTHORIZATION.13
111	160		(E) T
112		-	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
113		-	TO DELAY A MEMBER
114		-	'S PROCEDURAL TERMINATION DURING THE
115		-	REENROLLMENT PROCESS TO ALLOW THE MEMBER TO CONTINUE RECEIVING
116		-	NECESSARY SERVICES DURING THE REENROLLMENT PROCESS
117		-	. THE STATE
118		-	DEPARTMENT MAY APPLY THIS DELAY IN PROCEDURAL TERMINATION TO A
119		-	SPECIFIC POPULATION OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION
120		-	.
121		-	PAGE 3-HOUSE BILL 24-1400 (F) THE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION TO
122		-	ALLOW AN APPLICANT
123		-	'S OR MEMBER'S ELIGIBILITY FOR REENROLLMENT TO
124		-	BE BASED ON FINANCIAL FINDINGS FROM THE SUPPLEMENTAL NUTRITION
125		-	ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO PART
126		-	3 OF ARTICLE 2 OF
127		-	TITLE
128		-	26, THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
129		-	ESTABLISHED PURSUANT TO PART
130		-	7 OF ARTICLE 2 OF TITLE 26, AND OTHER
131		-	MEANS
132		-	-TESTED BENEFIT PROGRAMS ADMINISTERED THROUGH THE
133		-	COLORADO BENEFITS MANAGEMENT SYSTEM . THE STATE DEPARTMENT MAY
134		-	APPLY FINANCIAL ELIGIBILITY FOR MEDICAID TO INDIVIDUALS WHOSE GROSS
135		-	INCOME PROGRAM AND ASSETS FOR APPLICABLE MEANS
136		-	-TESTED BENEFIT
137		-	PROGRAMS ARE BELOW APPLICABLE MEDICAID LIMITS
138		-	, REGARDLESS OF
139		-	DIFFERENCES IN HOUSEHOLD COMPOSITION AND INCOME
140		-	-COUNTING RULES
141		-	BETWEEN PROGRAMS OR AS SPECIFI ED THROUGH FEDERAL AUTHORIZATION
142		-	.
	161	+	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION14
	162	+	TO DELAY A MEMBER 'S PROCEDURAL TERMINATION DURING THE15
	163	+	REENROLLMENT PROCESS TO ALLOW THE MEMBER TO CONTINUE16
	164	+	RECEIVING NECESSARY SERVICES DURING THE REENROLLMENT PROCESS .17
	165	+	T
	166	+	HE STATE DEPARTMENT MAY APPLY THIS DELAY IN PROCEDURAL18
	167	+	TERMINATION TO A SPECIFIC POPULATION OR AS SPECIFIED THROUGH19
	168	+	FEDERAL AUTHORIZATION.20
	169	+	(F) T
	170	+	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION21
	171	+	TO ALLOW AN APPLICANT'S OR MEMBER'S ELIGIBILITY FOR REENROLLMENT22
	172	+	TO BE BASED ON FINANCIAL FINDINGS FROM THE SUPPLEMENTAL23
	173	+	NUTRITION ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO PART 3 OF24
	174	+	ARTICLE 2 OF TITLE 26, THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES25
	175	+	PROGRAM ESTABLISHED PURSUANT TO PART 7 OF ARTICLE 2 OF TITLE 26,26
	176	+	AND OTHER MEANS-TESTED BENEFIT PROGRAMS ADMINISTERED THROUGH27
	177	+	1400
	178	+	-5- THE COLORADO BENEFITS MANAGEMENT SYSTEM . THE STATE1
	179	+	DEPARTMENT MAY APPLY FINANCIAL ELIGIBILITY FOR MEDICAID TO2
	180	+	INDIVIDUALS WHOSE GROSS INCOME PROGRAM AND ASSETS FOR3
	181	+	APPLICABLE MEANS-TESTED BENEFIT PROGRAMS ARE BELOW APPLICABLE4
	182	+	MEDICAID LIMITS, REGARDLESS OF DIFFERENCES IN HOUSEHOLD5
	183	+	COMPOSITION AND INCOME-COUNTING RULES BETWEEN PROGRAMS OR AS6
	184	+	SPECIFIED THROUGH FEDERAL AUTHORIZATION .7
143	185		(G) S
144		-	UBJECT TO AVAILABLE APPROPRIATIONS AND UPON RECEIVING
145		-	NECESSARY FEDERAL AUTHORIZATION
146		-	, THE STATE DEPARTMENT MAY
147		-	IMPLEMENT SUBSECTIONS
148		-	(3)(b)(I.5)(C), (3)(b)(I.5)(D), (3)(b)(I.5)(E), AND
149		-	(3)(b)(I.5)(F) OF THIS SECTION.
150		-	(f) (I) To ensure that the state department maintains access to state
151		-	and federal funding provided by the federal "Families First Coronavirus
152		-	Response Act", Pub.L. 116-127, and the federal "Consolidated
153		-	Appropriations Act, 2023", subsections (3)(b)(I) and (3)(d) of this section
154		-	requiring the collection or verification of any information related to medical
155		-	assistance eligibility factors, including citizenship, household size, income,
156		-	or assets for those individuals already enrolled in the medical assistance
157		-	program, are suspended until June 1, 2024
158		-	JANUARY 1, 2025.
159		-	(II) The state board may adopt rules to implement this subsection
160		-	(3)(f) to ensure that the state department can resume routine operations by
161		-	June 1, 2024, that follow guidance issued by the federal centers for
162		-	medicare and medicaid services, including terminations of eligibility, the
163		-	processing of eligibility renewals, and the transition between medical
164		-	assistance and children's basic health plan eligibility categories.
165		-	(III) This subsection (3)(f) is repealed, effective June 1, 2024
166		-	JANUARY 1, 2025.
167		-	SECTION 4. In Colorado Revised Statutes, 25.5-6-1404, amend
168		-	(6)(c) as follows:
169		-	PAGE 4-HOUSE BILL 24-1400 25.5-6-1404. Medicaid buy-in program - eligibility - premiums
170		-	- medicaid buy-in fund - report - rules - repeal. (6) (c) This subsection
171		-	(6) is repealed, effective June 1, 2024 SEPTEMBER 1, 2025.
172		-	SECTION 5. In Colorado Revised Statutes, 25.5-8-109, amend (8);
173		-	and add (4.5)(a)(VI), (4.5)(a)(VII), (4.5)(a)(VIII), (4.5)(a)(IX), and
174		-	(4.5)(a)(X) as follows:
175		-	25.5-8-109. Eligibility - children - pregnant women - rules -
	186	+	UBJECT TO AVAILABLE APPROPRIATIONS AND UPON8
	187	+	RECEIVING NECESSARY FEDERAL AUTHORIZATION , THE STATE9
	188	+	DEPARTMENT MAY IMPLEMENT SUBSECTIONS (3)(b)(I.5)(C), (3)(b)(I.5)(D),10
	189	+	(3)(b)(I.5)(E),
	190	+	AND (3)(b)(I.5)(F) OF THIS SECTION.11
	191	+	(f) (I) To ensure that the state department maintains access to state12
	192	+	and federal funding provided by the federal "Families First Coronavirus13
	193	+	Response Act", Pub.L. 116-127, and the federal "Consolidated14
	194	+	Appropriations Act, 2023", subsections (3)(b)(I) and (3)(d) of this section15
	195	+	requiring the collection or verification of any information related to16
	196	+	medical assistance eligibility factors, including citizenship, household17
	197	+	size, income, or assets for those individuals already enrolled in the18
	198	+	medical assistance program, are suspended until June 1, 2024
	199	+	JANUARY19
	200	+	1,
	201	+	2025.20
	202	+	(II) The state board may adopt rules to implement this subsection21
	203	+	(3)(f) to ensure that the state department can resume routine operations22
	204	+	by June 1, 2024,
	205	+	that follow guidance issued by the federal centers for23
	206	+	medicare and medicaid services, including terminations of eligibility, the24
	207	+	processing of eligibility renewals, and the transition between medical25
	208	+	assistance and children's basic health plan eligibility categories.26
	209	+	(III) This subsection (3)(f) is repealed, effective June 1, 202427
	210	+	1400
	211	+	-6- JANUARY 1, 2025.1
	212	+	SECTION 4. In Colorado Revised Statutes, 25.5-6-1404, amend2
	213	+	(6)(c) as follows:3
	214	+	25.5-6-1404. Medicaid buy-in program - eligibility - premiums4
	215	+	- medicaid buy-in fund - report - rules - repeal. (6) (c) This subsection5
	216	+	(6) is repealed, effective June 1, 2024 SEPTEMBER 1, 2025.6
	217	+	SECTION 5. In Colorado Revised Statutes, 25.5-8-109, amend7
	218	+	(8); and add (4.5)(a)(VI), (4.5)(a)(VII), (4.5)(a)(VIII), (4.5)(a)(IX), and8
	219	+	(4.5)(a)(X) as follows:9
	220	+	25.5-8-109. Eligibility - children - pregnant women - rules -10
176	221		repeal. (4.5) (a) (VI) T
177		-	HE STATE DEPARTMENT MAY SEEK FEDERAL
178		-	AUTHORIZATION TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A
179		-	MEMBER
180		-	'S ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE
181		-	MEMBER
182		-	'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY APPROVED
183		-	ELECTRONIC DATA SOURCE
184		-	. THE STATE DEPARTMENT MAY USE THE
185		-	INFORMATION ON FILE OR THE INFORMATION THAT WAS ORIGINALLY
186		-	COLLECTED DURING THE APPLICATION PROCESS TO DETERMINE WHETHER
187		-	THE MEMBER IS ELIGIBLE FOR REENROLLMENT
188		-	. NOTWITHSTANDING THIS
189		-	SUBSECTION
190		-	(4.5)(a)(VI) TO THE CONTRARY, THE STATE DEPARTMENT SHALL
191		-	REQUIRE ADDITIONAL INCOME VERIFICATION IF INFORMATION ABOUT A
192		-	MEMBER
193		-	'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY APPROVED
194		-	ELECTRONIC DATA SOURCE FOR TWO OR MORE CONSECUTIVE YEARS OR AS
195		-	SPECIFIED THROUGH FEDERAL AUTHORIZATION
196		-	.
	222	+	HE STATE DEPARTMENT MAY SEEK FEDERAL11
	223	+	AUTHORIZATION TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A12
	224	+	MEMBER'S ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT13
	225	+	THE MEMBER'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY14
	226	+	APPROVED ELECTRONIC DATA SOURCE . THE STATE DEPARTMENT MAY USE15
	227	+	THE INFORMATION ON FILE OR THE INFORMATION THAT WAS ORIGINALLY16
	228	+	COLLECTED DURING THE APPLICATION PROCESS TO DETERMINE WHETHER17
	229	+	THE MEMBER IS ELIGIBLE FOR REENROLLMENT . NOTWITHSTANDING THIS18
	230	+	SUBSECTION (4.5)(a)(VI) TO THE CONTRARY, THE STATE DEPARTMENT19
	231	+	SHALL REQUIRE ADDITIONAL INCOME VERIFICATION IF INFORMATION20
	232	+	ABOUT A MEMBER'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY21
	233	+	APPROVED ELECTRONIC DATA SOURCE FOR TWO OR MORE CONSECUTIVE22
	234	+	YEARS OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION .23
197	235		(VII) T
198		-	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
199		-	TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER
200		-	'S
201		-	ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE MEMBER
202		-	'S
203		-	ASSETS IS NOT VERIFIED THROUGH A FEDERALLY APPROVED ELECTRONIC
204		-	DATA SOURCE IN A REASONABLE TIME
205		-	, AS DETERMINED BY THE STATE
206		-	DEPARTMENT
207		-	. THE STATE DEPARTMENT MAY COMPLETE THE MEMBER 'S
208		-	ELIGIBILITY REENROLLMENT PROCESS WITHOUT ANY ADDITIONAL
209		-	VERIFICATION OF THE MEMBER
210		-	'S ASSETS IF THERE HAS BEEN NO CHANGE IN
211		-	THE MEMBER
212		-	'S ASSETS SINCE THE INITIAL VERIFICATION DURING THE
213		-	APPLICATION PROCESS OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION
214		-	.
	236	+	HE STATE DEPARTMENT MAY SEEK FEDERAL24
	237	+	AUTHORIZATION TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A25
	238	+	MEMBER'S ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT26
	239	+	THE MEMBER'S ASSETS IS NOT VERIFIED THROUGH A FEDERALLY APPROVED27
	240	+	1400
	241	+	-7- ELECTRONIC DATA SOURCE IN A REASONABLE TIME , AS DETERMINED BY1
	242	+	THE STATE DEPARTMENT. THE STATE DEPARTMENT MAY COMPLETE THE2
	243	+	MEMBER'S ELIGIBILITY REENROLLMENT PROCESS WITHOUT ANY3
	244	+	ADDITIONAL VERIFICATION OF THE MEMBER 'S ASSETS IF THERE HAS BEEN4
	245	+	NO CHANGE IN THE MEMBER 'S ASSETS SINCE THE INITIAL VERIFICATION5
	246	+	DURING THE APPLICATION PROCESS OR AS SPECIFIED THROUGH FEDERAL6
	247	+	AUTHORIZATION.7
215	248		(VIII) T
216		-	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
217		-	TO DELAY A MEMBER
218		-	'S PROCEDURAL TERMINATION DURING THE
219		-	REENROLLMENT PROCESS TO ALLOW THE MEMBER TO CONTINUE RECEIVING
220		-	NECESSARY SERVICES DURING THE REENROLLMENT PROCESS
221		-	. THE STATE
222		-	DEPARTMENT MAY APPLY THIS DELAY IN PROCEDURAL TERMINATION TO A
223		-	SPECIFIC POPULATION OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION
224		-	.
225		-	PAGE 5-HOUSE BILL 24-1400 (IX) THE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
226		-	TO ALLOW AN APPLICANT
227		-	'S OR MEMBER'S ELIGIBILITY FOR REENROLLMENT
228		-	TO BE BASED ON FINANCIAL FINDINGS FROM THE SUPPLEMENTAL NUTRITION
229		-	ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO PART
230		-	3 OF ARTICLE 2 OF
231		-	TITLE
232		-	26, THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
233		-	ESTABLISHED PURSUANT TO PART
234		-	7 OF ARTICLE 2 OF TITLE 26, AND OTHER
235		-	MEANS
236		-	-TESTED BENEFIT PROGRAMS ADMINISTERED THROUGH THE
237		-	COLORADO BENEFITS MANAGEMENT SYSTEM . THE STATE DEPARTMENT MAY
238		-	APPLY FINANCIAL ELIGIBILITY FOR MEDICAID TO INDIVIDUALS WHOSE GROSS
239		-	INCOME PROGRAM AND ASSETS FOR APPLICABLE MEANS
240		-	-TESTED BENEFIT
241		-	PROGRAMS ARE BELOW APPLICABLE MEDICAID LIMITS
242		-	, REGARDLESS OF
243		-	DIFFERENCES IN HOUSEHOLD COMPOSITION AND INCOME
244		-	-COUNTING RULES
245		-	BETWEEN PROGRAMS OR AS SPECIFI ED THROUGH FEDERAL AUTHORIZATION
246		-	.
	249	+	HE STATE DEPARTMENT MAY SEEK FEDERAL8
	250	+	AUTHORIZATION TO DELAY A MEMBER 'S PROCEDURAL TERMINATION9
	251	+	DURING THE REENROLLMENT PROCESS TO ALLOW THE MEMBER TO10
	252	+	CONTINUE RECEIVING NECESSARY SERVICES DURING THE REENROLLMENT11
	253	+	PROCESS. THE STATE DEPARTMENT MAY APPLY THIS DELAY IN12
	254	+	PROCEDURAL TERMINATION TO A SPECIFIC POPULATION OR AS SPECIFIED13
	255	+	THROUGH FEDERAL AUTHORIZATION .14
	256	+	(IX) T
	257	+	HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION15
	258	+	TO ALLOW AN APPLICANT'S OR MEMBER'S ELIGIBILITY FOR REENROLLMENT16
	259	+	TO BE BASED ON FINANCIAL FINDINGS FROM THE SUPPLEMENTAL17
	260	+	NUTRITION ASSISTANCE PROGRAM ESTABLISHED PURSUANT TO PART 3 OF18
	261	+	ARTICLE 2 OF TITLE 26, THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES19
	262	+	PROGRAM ESTABLISHED PURSUANT TO PART 7 OF ARTICLE 2 OF TITLE 26,20
	263	+	AND OTHER MEANS-TESTED BENEFIT PROGRAMS ADMINISTERED THROUGH21
	264	+	THE COLORADO BENEFITS MANAGEMENT SYSTEM . THE STATE22
	265	+	DEPARTMENT MAY APPLY FINANCIAL ELIGIBILITY FOR MEDICAID TO23
	266	+	INDIVIDUALS WHOSE GROSS INCOME PROGRAM AND ASSETS FOR24
	267	+	APPLICABLE MEANS-TESTED BENEFIT PROGRAMS ARE BELOW APPLICABLE25
	268	+	MEDICAID LIMITS, REGARDLESS OF DIFFERENCES IN HOUSEHOLD26
	269	+	COMPOSITION AND INCOME-COUNTING RULES BETWEEN PROGRAMS OR AS27
	270	+	1400
	271	+	-8- SPECIFIED THROUGH FEDERAL AUTHORIZATION .1
247	272		(X) S
248		-	UBJECT TO AVAILABLE APPROPRIATIONS AND UPON RECEIVING
249		-	NECESSARY FEDERAL AUTHORIZATION
250		-	, THE STATE DEPARTMENT MAY
251		-	IMPLEMENT SUBSECTIONS
252		-	(4.5)(a)(VI), (4.5)(a)(VII), (4.5)(a)(VIII), AND
253		-	(4.5)(a)(IX) OF THIS SECTION.
254		-	(8) (a) To ensure that the state department maintains access to state
255		-	and federal funding provided by the federal "Families First Coronavirus
256		-	Response Act", Pub.L. 116-127, and the federal "Consolidated
257		-	Appropriations Act, 2023", subsections (4) and (4.5)(a)(II) of this section
258		-	requiring the state department to disenroll an individual enrolled in the
259		-	children's basic health plan due to the annual verification of income, as
260		-	authorized by the centers for medicare and medicaid services, are suspended
261		-	until June 1, 2024
262		-	JANUARY 1, 2025.
263		-	(b) The state board may adopt rules to implement this subsection (8)
264		-	to ensure that the state department can resume routine operations by June
265		-	1, 2024, that follow guidance issued by the federal centers for medicare and
266		-	medicaid services, including terminations of eligibility, the processing of
267		-	eligibility renewals, and the transition between medical assistance and
268		-	children's basic health plan eligibility categories.
269		-	(c) This subsection (8) is repealed, effective June 1, 2024
270		-	JANUARY
271		-	1, 2025.
272		-	SECTION 6. Safety clause. The general assembly finds,
273		-	determines, and declares that this act is necessary for the immediate
274		-	PAGE 6-HOUSE BILL 24-1400 preservation of the public peace, health, or safety or for appropriations for
275		-	the support and maintenance of the departments of the state and state
276		-	institutions.
277		-	____________________________ ____________________________
278		-	Julie McCluskie Steve Fenberg
279		-	SPEAKER OF THE HOUSE PRESIDENT OF
280		-	OF REPRESENTATIVES THE SENATE
281		-	____________________________ ____________________________
282		-	Robin Jones Cindi L. Markwell
283		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
284		-	OF REPRESENTATIVES THE SENATE
285		-	APPROVED________________________________________
286		-	(Date and Time)
287		-	_________________________________________
288		-	Jared S. Polis
289		-	GOVERNOR OF THE STATE OF COLORADO
290		-	PAGE 7-HOUSE BILL 24-1400
	273	+	UBJECT TO AVAILABLE APPROPRIATIONS AND UPON2
	274	+	RECEIVING NECESSARY FEDERAL AUTHORIZATION , THE STATE3
	275	+	DEPARTMENT MAY IMPLEMENT SUBSECTIONS (4.5)(a)(VI), (4.5)(a)(VII),4
	276	+	(4.5)(a)(VIII),
	277	+	AND (4.5)(a)(IX) OF THIS SECTION.5
	278	+	(8) (a) To ensure that the state department maintains access to6
	279	+	state and federal funding provided by the federal "Families First7
	280	+	Coronavirus Response Act", Pub.L. 116-127, and the federal8
	281	+	"Consolidated Appropriations Act, 2023", subsections (4) and (4.5)(a)(II)9
	282	+	of this section requiring the state department to disenroll an individual10
	283	+	enrolled in the children's basic health plan due to the annual verification11
	284	+	of income, as authorized by the centers for medicare and medicaid12
	285	+	services, are suspended until June 1, 2024
	286	+	JANUARY 1, 2025.13
	287	+	(b) The state board may adopt rules to implement this subsection14
	288	+	(8) to ensure that the state department can resume routine operations by15
	289	+	June 1, 2024, that follow guidance issued by the federal centers for16
	290	+	medicare and medicaid services, including terminations of eligibility, the17
	291	+	processing of eligibility renewals, and the transition between medical18
	292	+	assistance and children's basic health plan eligibility categories.19
	293	+	(c) This subsection (8) is repealed, effective June 1, 202420
	294	+	J
	295	+	ANUARY 1, 2025.21
	296	+	SECTION 6. Safety clause. The general assembly finds,22
	297	+	determines, and declares that this act is necessary for the immediate23
	298	+	preservation of the public peace, health, or safety or for appropriations for24
	299	+	the support and maintenance of the departments of the state and state25
	300	+	institutions.26
	301	+	1400
	302	+	-9-