Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 24-0080.01 Chelsea Princell x4335 SENATE BILL 24-168 Senate Committees House Committees Health & Human Services Health & Human Services Appropriations Appropriations A BILL FOR AN ACT C ONCERNING REMOTE MONITORING SERVICES FOR MEDICAID101 MEMBERS, AND, IN CONNECTION THEREWITH , MAKING AN 102 APPROPRIATION.103 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 .) Beginning July 1, 2025, the bill requires the department of health care policy and financing (state department) to provide reimbursement for the use of telehealth remote monitoring for outpatient services for certain medicaid members (member). The bill creates the telehealth remote monitoring grant program to HOUSE 3rd Reading Unamended May 7, 2024 HOUSE 2nd Reading Unamended May 6, 2024 SENATE 3rd Reading Unamended April 24, 2024 SENATE Amended 2nd Reading April 23, 2024 SENATE SPONSORSHIP Roberts and Simpson, Michaelson Jenet, Bridges, Buckner, Cutter, Exum, Fields, Gardner, Jaquez Lewis, Kirkmeyer, Liston, Lundeen, Marchman, Mullica, Priola, Van Winkle, Will, Zenzinger HOUSE SPONSORSHIP McCluskie and Martinez, Young, Amabile, Bird, Boesenecker, Bradley, Brown, Clifford, Daugherty, Duran, Frizell, Hamrick, Jodeh, Kipp, Lieder, Lindsay, Lukens, Mabrey, Marvin, Mauro, McCormick, McLachlan, Ortiz, Ricks, Rutinel, Sirota, Snyder, Taggart, Titone, Velasco, Woodrow 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. provide grants to an outpatient health-care facility located in a designated rural county or designated provider shortage area to assist the outpatient health-care facility clinic with the financial cost of providing telehealth remote monitoring for outpatient clinical services. Beginning November 1, 2025, the bill requires the state department to provide coverage for continuous glucose monitors for members. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds that:3 (a) Concerning the use of telehealth remote monitoring to provide4 outpatient clinical services:5 (I) Telehealth helps connect Medicaid members with health-care6 providers, enabling members to receive the care and consultation they7 need without traveling to visit a provider in another city or area of the8 state;9 (II) Telehealth visits may provide cost savings for the Medicaid10 system by improving access to primary care and helping avoid11 unnecessary trips to the emergency department;12 (III) More than 700,000 Coloradans live in a rural or frontier13 county. Rural Coloradans face several unique challenges in health-care14 access, affordability, and outcomes. Rural residents tend to be older and15 in poorer health than their urban counterparts, and rural communities16 often face challenges with access to care and financial viability.17 According to the Centers for Disease Control and Prevention, rural18 residents are more likely to die prematurely from heart disease, cancer,19 unintentional injury, chronic lower respiratory disease, and stroke.20 (IV) Despite these challenges, rural Coloradans play an important21 role in food and energy production in the state and serve as an integral22 168-2- part of Colorado's economy;1 (V) Telehealth, including telehealth remote monitoring, is one of2 the tools the Centers for Disease Control and Prevention has identified3 that can be used to improve the health of rural residents. Telehealth4 remote monitoring uses digital technologies to collect health data from5 patients in one location and electronically transmit that information6 securely to providers in a different location.7 (VI) Telehealth remote monitoring technologies provide a8 particular benefit for patients with chronic conditions to receive the care9 they need without the need for constant in-person visits to the patient's10 physician's office. Patients with chronic conditions such as diabetes, heart11 disease, and chronic obstructive pulmonary disease often require ongoing12 monitoring and management. Telehealth remote monitoring can help13 these patients better manage their conditions by providing regular14 monitoring, alerts, and support.15 (VII) Multiple studies indicate that telehealth remote monitoring16 offers patients a clear return on investment over time, which extends17 beyond initial health-care savings, including money associated with18 transportation, time, and energy to visit their doctors; prescription,19 laboratory, and imaging costs; and hard and soft expenses if a hospital20 stay or emergency department visit is required;21 (VIII) The return on telehealth remote monitoring isn't limited to22 financial measurements. It also improves health outcomes, eliminates23 communication barriers, facilitates faster access to providers, reduces24 hospital readmissions, shortens hospital stays, and enhances patient25 education.26 (IX) Expanding access to telehealth remote monitoring for27 168 -3- patients is crucial to achieving health equity in Colorado.1 (b) Concerning the use of continuous glucose monitoring devices:2 (I) More than 300,000 Coloradans live with type 1 or type 23 diabetes;4 (II) Managing diabetes requires strict blood glucose control5 consisting of multiple blood glucose level checks daily, medication6 administration, and balancing diet and physical activity;7 (III) Continuous glucose monitoring devices provide patients and8 health-care providers with more health data and detail concerning blood9 glucose levels than traditional blood glucose meters;10 (IV) For people with diabetes, continuous glucose monitoring11 devices provide significant, life-changing, and lifesaving benefits for12 managing their diabetes and can prevent or delay serious medical13 complications, including those that may require hospitalization or could14 lead to death;15 (V) Individuals with diabetes who use continuous glucose16 monitoring devices experience fewer episodes of hypoglycemia and a17 reduction in their average blood glucose levels (A1C); and18 (VI) Access to continuous glucose monitoring technology is19 extremely important to individuals with diabetes, especially those who20 live in communities with a disproportionate rate of diabetes. However,21 many Coloradans with diabetes still lack access to this critical technology,22 even though the use of continuous glucose monitoring devices is a23 recognized standard of care for all insulin-dependent individuals.24 (2) Therefore, the general assembly declares that it is in the best25 interest of the state of Colorado to reduce health disparities and increase26 health equity by prioritizing expanded access to remote patient27 168 -4- monitoring services in outpatient health-care settings across the state and1 to provide access to continuous glucose monitoring services to diabetic2 Coloradans to decrease health-care costs and improve health outcomes for3 all Coloradans.4 SECTION 2. In Colorado Revised Statutes, add 25.5-5-337 as5 follows:6 25.5-5-337. Telehealth remote monitoring services for7 outpatient clinical services - grant program - federal authorization -8 rules - definitions. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT9 OTHERWISE REQUIRES:10 (a) "G RANT PROGRAM" MEANS THE TELEHEALTH REMOTE11 MONITORING GRANT PROGRAM CREATED IN SUBSECTION (6) OF THIS12 SECTION.13 (b) "M EMBER" MEANS ANY PERSON WHO HAS BEEN DETERMINED14 ELIGIBLE TO RECEIVE BENEFITS OR SERVICES UNDER THIS TITLE 25.5.15 (c) "T ELEHEALTH REMOTE MONITORING " MEANS THE ONGOING16 REMOTE ASSESSMENT AND MONITORING OF CLINICAL DATA THROUGH17 TECHNOLOGICAL EQUIPMENT IN ORDER TO DETECT CHANGES IN A18 MEMBER'S CLINICAL STATUS, WHICH ALLOWS HEALTH-CARE PROVIDERS TO19 INTERVENE BEFORE A HEALTH CONDITION EXACERBATES AND REQUIRES20 EMERGENCY INTERVENTION OR INPATIENT HOSPITALIZATION .21 (2) (a) O N OR BEFORE SEPTEMBER 1, 2024, THE STATE22 DEPARTMENT SHALL INITIATE A STAKEHOLDER PROCESS TO DETERMINE23 THE BILLING STRUCTURE FOR TELEHEALTH REMOTE MONITORING FOR24 OUTPATIENT CLINICAL SERVICES:25 (b) T HE STATE DEPARTMENT STAKEHOLDER PROCESS , REQUIRED26 BY SUBSECTION (2)(a) OF THIS SECTION, MUST ENGAGE WITH27 168 -5- HEALTH-CARE PROVIDERS WHO SERVE RURAL AND UNDERSERVED1 POPULATIONS, INCLUDING RURAL HEALTH CLINICS AND FEDERALLY2 QUALIFIED HEALTH CENTERS TO ENSURE THE BILLING STRUCTURE IS3 SUSTAINABLE IN THESE HEALTH-CARE SETTINGS.4 (c) O N OR BEFORE JUNE 30, 2025, THE STATE BOARD SHALL5 PROMULGATE RULES REGARDING THE BILLING STRUCTURE BASED ON6 FEEDBACK FROM THE STAKEHOLDER PROCESS REQUIRED IN SUBSECTIONS7 (2)(a) AND (2)(b) OF THIS SECTION.8 (3) (a) B EGINNING JULY 1, 2025, THE STATE DEPARTMENT SHALL9 PROVIDE REIMBURSEMENT FOR THE USE OF TELEHEALTH REMOTE10 MONITORING FOR OUTPATIENT CLINICAL SERVICES IF :11 (I) T HE MEMBER'S HEALTH-CARE PROVIDER DETERMINES THAT12 TELEHEALTH REMOTE MONITORING IS MEDICALLY NECESSARY BASED ON13 THE MEMBER'S MEDICAL CONDITION OR STATUS;14 (II) T HE MEMBER'S HEALTH-CARE PROVIDER DETERMINES THAT15 TELEHEALTH REMOTE MONITORING WOULD LIKELY PREVENT THE16 MEMBER'S ADMISSION OR READMISSION TO A HOSPITAL , EMERGENCY17 DEPARTMENT, NURSING FACILITY, OR OTHER CLINICAL SETTING;18 (III) T HE MEMBER IS COGNITIVELY AND PHYSICALLY CAPABLE OF19 OPERATING THE TELEHEALTH REMOTE MONITORING DEVICE OR EQUIPMENT20 OR THE MEMBER HAS A CAREGIVER WHO IS ABLE AND WILLING TO ASSIST21 WITH THE TELEHEALTH REMOTE MONITORING DEVICE OR EQUIPMENT ; AND22 (IV) T HE MEMBER RESIDES IN A SETTING THAT IS SUITABLE FOR23 TELEHEALTH REMOTE MONITORING AND DOES NOT HAVE HEALTH -CARE24 STAFF ON SITE.25 (b) T HE STATE BOARD SHALL PROMULGATE RULES REGARDING26 ADDITIONAL ELIGIBILITY REQUIREMENTS. THE ELIGIBILITY REQUIREMENTS27 168 -6- MUST PRIORITIZE MEMBERS WITH CHRONIC CONDITIONS AND MEMBERS1 WHO ARE PREGNANT AND CARRYING A HIGH -RISK PREGNANCY.2 (4) T HE ASSESSMENT AND MONITORING OF THE HEALTH DATA3 TRANSMITTED BY TELEHEALTH REMOTE MONITORING MUST BE PERFORMED4 BY ONE OF THE FOLLOWING LICENSED HEALTH -CARE PROFESSIONALS:5 (a) P HYSICIAN;6 (b) P ODIATRIST;7 (c) A DVANCED PRACTICE REGISTERED NURSE ;8 (d) P HYSICIAN ASSISTANT;9 (e) R ESPIRATORY THERAPIST; 10 (f) P HARMACIST; OR 11 (g) LICENSED HEALTH-CARE PROFESSIONAL WORKING UNDER THE12 SUPERVISION OF A MEDICAL DIRECTOR.13 (5) T HE STATE DEPARTMENT MAY SEEK ANY FEDERAL14 AUTHORIZATION NECESSARY TO IMPLEMENT SUBSECTIONS (3) AND (4) OF15 THIS SECTION.16 (6) (a) T HERE IS CREATED IN THE STATE DEPARTMENT THE17 TELEHEALTH REMOTE MONITORING GRANT PROGRAM TO PROVIDE GRANTS18 TO OUTPATIENT HEALTH-CARE FACILITIES LOCATED IN A DESIGNATED19 RURAL COUNTY OR A DESIGNATED HEALTH -CARE PROFESSIONAL 20 SHORTAGE AREA TO ASSIST THE HOSPITALS AND CLINICS WITH THE21 FINANCIAL COSTS ASSOCIATED WITH PROVIDING TELEHEALTH REMOTE22 MONITORING FOR OUTPATIENT CLINICAL SERVICES .23 (b) T HE STATE DEPARTMENT SHALL ADMINISTER THE GRANT24 PROGRAM AND, SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD25 GRANTS AS PROVIDED IN THIS SUBSECTION (6).26 (c) T O BE ELIGIBLE FOR A GRANT, AN OUTPATIENT HEALTH-CARE27 168 -7- FACILITY MUST:1 (I) A PPLY FOR A GRANT IN THE MANNER PRESCRIBED BY THE STATE2 DEPARTMENT;3 (II) B E LOCATED IN A DESIGNATED RURAL COUNTY OR DESI GNATED4 HEALTH-CARE PROFESSIONAL SHORTAGE AREA; AND5 (III) H AVE A DEMONSTRATED NEED FOR FINANCIAL ASSISTANCE TO6 PURCHASE EQUIPMENT TO PROVIDE TELEHEALTH REMOTE MONITORING7 FOR OUTPATIENT CLINICAL SERVICES.8 (d) T HE STATE DEPARTMENT MAY AWARD UP TO FIVE GRANTS 9 THROUGH THE GRANT PROGRAM . EACH GRANT AWARDED MUST BE IN THE10 AMOUNT OF ONE HUNDRED THOUSAND DOLLARS .11 (e) IN SELECTING GRANT RECIPIENTS, THE STATE DEPARTMENT12 SHALL PRIORITIZE APPLICANTS THAT SERVE POPULATIONS EXPERIENCING13 DISPARITIES IN HEALTH-CARE ACCESS AND OUTCOMES , INCLUDING, BUT14 NOT LIMITED TO, HISTORICALLY MARGINALIZED AND UNDERSERVED15 COMMUNITIES, DETERMINED BY THE COMMUNITIES WITH THE HIGHEST16 PROPORTION OF PATIENTS RECEIVING ASSISTANCE THROUGH THE17 "C OLORADO MEDICAL ASSISTANCE ACT", THIS ARTICLE 5 AND ARTICLES18 4 AND 6 OF THIS TITLE 25.5.19 (f) GRANT RECIPIENTS MAY USE MONEY RECEIVED THROUGH THE20 GRANT PROGRAM TO IMPLEMENT TELEHEALTH REMOTE MONITORING FOR21 OUTPATIENT CLINICAL SERVICES AND INCLUDES THE FOLLOWING :22 (I) T RAINING STAFF TO USE, ASSESS, AND MONITOR TELEHEALTH23 REMOTE MONITORING EQUIPMENT AND DEVICES ; AND24 (II) A CQUIRING TELEHEALTH REMOTE MONITORING EQUIPMENT25 AND DEVICES.26 (g) MONEY ALLOCATED TO THE GRANT PROGRAM MUST NOT BE27 168 -8- CONSIDERED IN RATE-SETTING FOR FEDERALLY QUALIFIED HEALTH1 CENTERS, AS DEFINED IN THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C.2 SEC. 1395X (aa)(4).3 (7) T HE STATE DEPARTMENT IS AUTHORIZED TO RECEIVE AND 4 EXPEND GIFTS, GRANTS, AND DONATIONS FROM INDIVIDUALS , PRIVATE5 ORGANIZATIONS, FOUNDATIONS, OR ANY GOVERNMENTAL UNIT ; EXCEPT6 THAT NO GIFT, GRANT, OR DONATION MAY BE ACCEPTED BY THE STATE7 DEPARTMENT IF IT IS SUBJECT TO A CONDITION THAT IS INCONSISTENT8 WITH THIS SECTION OR ANY OTHER LAW OF THIS STATE .9 (8) THIS SECTION DOES NOT APPLY TO HOME HEALTH -CARE10 BENEFITS PROVIDED PURSUANT TO SECTION 25.5-5-321.11 SECTION 3. In Colorado Revised Statutes, add 25.5-5-338 as12 follows:13 25.5-5-338. Continuous glucose monitors - coverage - federal14 authorization - definition. (1) A S USED IN THIS SECTION, UNLESS THE15 CONTEXT OTHERWISE REQUIRES , "CONTINUOUS GLUCOSE MONITOR "16 MEANS AN INSTRUMENT OR A DEVICE DESIGNED FOR THE PURPOSE OF17 AIDING IN THE TREATMENT OF DIABETES BY MEASURING GLUCOSE LEVELS18 ON DEMAND OR AT SET INTERVALS THROUGH A SMALL , ELECTRONIC19 SENSOR THAT SLIGHTLY PENETRATES AN INDIVIDUAL 'S SKIN WHEN APPLIED20 AND THAT IS DESIGNED TO REMAIN IN PLACE AND ACTIVE FOR AT LEAST21 SEVEN DAYS.22 (2) (a) B EGINNING NOVEMBER 1, 2025, THE STATE DEPARTMENT23 SHALL PROVIDE COVERAGE FOR A CONTINUOUS GLUCOSE MONITOR AND24 RELATED SUPPLIES TO MEMBERS UNDER THE MEDICAID MEDICAL AND 25 PHARMACY BENEFIT.26 (b) C OVERAGE CRITERIA MUST ALIGN WITH THE CURRENT GLUCOSE27 168 -9- MONITOR LOCAL COVERAGE DETERMINATION STANDARDS ISSUED BY THE1 CENTERS FOR MEDICARE AND MEDICAID THAT ARE USED TO DETERMINE2 COVERAGE FOR MEDICARE -ELIGIBLE INDIVIDUALS , INCLUDING3 INDIVIDUALS WITH GESTATIONAL DIABETES NOT BEING TREATED WITH4 INSULIN.5 (3) C OVERAGE PURSUANT TO THIS SECTION INCLUDES THE COST OF6 ANY NECESSARY REPAIRS OR REPLACEMENT PARTS FOR THE CONTINUOUS7 GLUCOSE MONITOR.8 (4) T HE STATE DEPARTMENT MAY SEEK ANY FEDERAL9 AUTHORIZATION NECESSARY TO IMPLEMENT THIS SECTION .10 (5) T HE STATE DEPARTMENT IS AUTHORIZED TO RECEIVE AND 11 EXPEND GIFTS, GRANTS, AND DONATIONS FROM INDIVIDUALS , PRIVATE12 ORGANIZATIONS, FOUNDATIONS, OR ANY GOVERNMENTAL UNIT ; EXCEPT13 THAT NO GIFT, GRANT, OR DONATION MAY BE ACCEPTED BY THE STATE14 DEPARTMENT IF IT IS SUBJECT TO A CONDITION THAT IS INCONSISTENT15 WITH THIS SECTION OR ANY OTHER LAW OF THIS STATE .16 SECTION 4. Appropriation. For the 2024-25 state fiscal year,17 $34,128 is appropriated to the department of health care policy and18 financing for use by the executive director's office. This appropriation is19 from the general fund. To implement this act, the department may use this20 appropriation for personal services, which amount is based on an21 assumption that the department will require an additional 0.3 FTE.22 SECTION 5. Act subject to petition - effective date. This act23 takes effect at 12:01 a.m. on the day following the expiration of the24 ninety-day period after final adjournment of the general assembly; except25 that, if a referendum petition is filed pursuant to section 1 (3) of article V26 of the state constitution against this act or an item, section, or part of this27 168 -10- act within such period, then the act, item, section, or part will not take1 effect unless approved by the people at the general election to be held in2 November 2024 and, in such case, will take effect on the date of the3 official declaration of the vote thereon by the governor.4 168 -11-