HOUSE BILL 24-1400
BY REPRESENTATIVE(S) Bird and Sirota, Taggart, Amabile, Bacon,
Brown, Duran, English, Epps, Garcia, Hamrick, Herod, Joseph, Lindsay,
Lindstedt, Marvin, Rutinel, Snyder, Titone, Young, McCluskie;
also SENATOR(S) Kirkmeyer and Zenzinger, Bridges, Cutter, Exum,
Hinrichsen, Michaelson Jenet, Priola.
C
ONCERNING MEDICAID ELIGIBILITY PROCEDURES .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25.5-5-101, amend
(6)(a) introductory portion, (6)(b), and (6)(c) as follows:
25.5-5-101. Mandatory provisions - eligible groups - rules -
repeal. (6) (a) To 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
JANUARY 1, 2025:
(b) The state board may adopt rules to implement this subsection (6)
to ensure that the state department can resume routine operations by June
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. 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(c) This subsection (6) is repealed, effective June 1, 2024
JANUARY
1, 2025.
SECTION 2. In Colorado Revised Statutes, 25.5-5-201, amend
(7)(a) introductory portion, (7)(b), and (7)(c) as follows:
25.5-5-201. Optional provisions - optional groups - rules - repeal.
(7) (a) To 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
JANUARY 1, 2025:
(b) The 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) This subsection (7) is repealed, effective June 1, 2024
JANUARY
1, 2025.
SECTION 3. In Colorado Revised Statutes, 25.5-4-205, amend
(3)(b)(I.5) and (3)(f) as follows:
25.5-4-205. Application - verification of eligibility -
demonstration project - rules - repeal. (3) (b) (I.5) (A) If the state
department determines that a recipient MEMBER was not eligible for medical
benefits solely based upon the recipient's MEMBER'S income after the
recipient MEMBER had been determined to be eligible based upon electronic
data obtained through a federally approved electronic data source, the state
department shall not pursue recovery from a county department for the cost
of medical services provided to the recipient
MEMBER, and the county
department is not responsible for any federal error rate sanctions resulting
PAGE 2-HOUSE BILL 24-1400 from such THE determination.
(B) Notwithstanding any other provision in this paragraph (b)
SUBSECTION (3)(b), for applications that contain self-employment income,
the state department shall not implement this paragraph (b) SUBSECTION
(3)(b) until it THE STATE DEPARTMENT can verify self-employment income
through federally approved electronic data sources as authorized by rules
of the state department and federal law.
(C) T
HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER
'S
ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE MEMBER
'S
INCOME IS NOT VERIFIED THROUGH A FEDERALLY APPROVED ELECTRONIC
DATA SOURCE
. THE STATE DEPARTMENT MAY 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
. NOTWITHSTANDING THIS SUBSECTION (3)(b)(I.5)(C)
TO THE CONTRARY, 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
TWO OR MORE CONSECUTIVE YEARS OR AS SPECIFIED THROUGH FEDERAL
AUTHORIZATION
.
(D) T
HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER
'S
ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE MEMBER
'S
ASSETS IS NOT VERIFIED THROUGH A FEDERALLY APPROVED ELECTRONIC
DATA SOURCE IN A REASONABLE TIME
, AS DETERMINED BY THE STATE
DEPARTMENT
. THE STATE DEPARTMENT MAY COMPLETE THE MEMBER 'S
ELIGIBILITY REENROLLMENT PROCESS WITHOUT ANY ADDITIONAL
VERIFICATION OF THE MEMBER
'S ASSETS 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
.
(E) T
HE STATE DEPARTMENT MAY 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 STATE
DEPARTMENT MAY APPLY THIS DELAY IN PROCEDURAL TERMINATION TO A
SPECIFIC POPULATION OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION
.
PAGE 3-HOUSE BILL 24-1400 (F) THE STATE DEPARTMENT MAY 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 ESTABLISHED PURSUANT TO PART
3 OF ARTICLE 2 OF
TITLE
26, THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
ESTABLISHED PURSUANT TO PART
7 OF ARTICLE 2 OF TITLE 26, 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 SPECIFI ED THROUGH FEDERAL AUTHORIZATION
.
(G) S
UBJECT TO AVAILABLE APPROPRIATIONS AND UPON RECEIVING
NECESSARY FEDERAL AUTHORIZATION
, THE STATE DEPARTMENT MAY
IMPLEMENT SUBSECTIONS
(3)(b)(I.5)(C), (3)(b)(I.5)(D), (3)(b)(I.5)(E), AND
(3)(b)(I.5)(F) OF THIS SECTION.
(f) (I) To 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 (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
JANUARY 1, 2025.
(II) The 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) This subsection (3)(f) is repealed, effective June 1, 2024
JANUARY 1, 2025.
SECTION 4. In Colorado Revised Statutes, 25.5-6-1404, amend
(6)(c) as follows:
PAGE 4-HOUSE BILL 24-1400 25.5-6-1404. Medicaid buy-in program - eligibility - premiums
- medicaid buy-in fund - report - rules - repeal. (6) (c) This subsection
(6) is repealed, effective June 1, 2024 SEPTEMBER 1, 2025.
SECTION 5. In Colorado Revised Statutes, 25.5-8-109, amend (8);
and add (4.5)(a)(VI), (4.5)(a)(VII), (4.5)(a)(VIII), (4.5)(a)(IX), and
(4.5)(a)(X) as follows:
25.5-8-109. Eligibility - children - pregnant women - rules -
repeal. (4.5) (a) (VI) T
HE STATE DEPARTMENT MAY SEEK FEDERAL
AUTHORIZATION TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A
MEMBER
'S ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE
MEMBER
'S INCOME IS NOT VERIFIED THROUGH A FEDERALLY APPROVED
ELECTRONIC DATA SOURCE
. THE STATE DEPARTMENT MAY 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
. NOTWITHSTANDING THIS
SUBSECTION
(4.5)(a)(VI) TO THE CONTRARY, 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 TWO OR MORE CONSECUTIVE YEARS OR AS
SPECIFIED THROUGH FEDERAL AUTHORIZATION
.
(VII) T
HE STATE DEPARTMENT MAY SEEK FEDERAL AUTHORIZATION
TO NOT REQUIRE ADDITIONAL VERIFICATION DURING A MEMBER
'S
ELIGIBILITY REENROLLMENT PROCESS IF INFORMATION ABOUT THE MEMBER
'S
ASSETS IS NOT VERIFIED THROUGH A FEDERALLY APPROVED ELECTRONIC
DATA SOURCE IN A REASONABLE TIME
, AS DETERMINED BY THE STATE
DEPARTMENT
. THE STATE DEPARTMENT MAY COMPLETE THE MEMBER 'S
ELIGIBILITY REENROLLMENT PROCESS WITHOUT ANY ADDITIONAL
VERIFICATION OF THE MEMBER
'S ASSETS 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
.
(VIII) T
HE STATE DEPARTMENT MAY 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 STATE
DEPARTMENT MAY APPLY THIS DELAY IN PROCEDURAL TERMINATION TO A
SPECIFIC POPULATION OR AS SPECIFIED THROUGH FEDERAL AUTHORIZATION
.
PAGE 5-HOUSE BILL 24-1400 (IX) THE STATE DEPARTMENT MAY 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 ESTABLISHED PURSUANT TO PART
3 OF ARTICLE 2 OF
TITLE
26, THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
ESTABLISHED PURSUANT TO PART
7 OF ARTICLE 2 OF TITLE 26, 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 SPECIFI ED THROUGH FEDERAL AUTHORIZATION
.
(X) S
UBJECT TO AVAILABLE APPROPRIATIONS AND UPON RECEIVING
NECESSARY FEDERAL AUTHORIZATION
, THE STATE DEPARTMENT MAY
IMPLEMENT SUBSECTIONS
(4.5)(a)(VI), (4.5)(a)(VII), (4.5)(a)(VIII), AND
(4.5)(a)(IX) OF THIS SECTION.
(8) (a) To 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
JANUARY 1, 2025.
(b) The 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) This subsection (8) is repealed, effective June 1, 2024
JANUARY
1, 2025.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 6-HOUSE BILL 24-1400 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 24-1400