First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 25-0417.01 Chelsea Princell x4335 HOUSE BILL 25-1033 House Committees Senate Committees Health & Human Services Health & Human Services A BILL FOR AN ACT C ONCERNING MEDICAL ASSISTANCE THIRD -PARTY LIABILITY101 PAYMENTS.102 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 .) The bill requires third-party payers to reimburse the department of health care policy and financing (state department) for health-care items and services rendered to a medicaid member regardless of whether prior authorization was obtained. The bill requires third-party payers to respond to the state department's inquiry regarding a claim for payment no later than 60 days SENATE 2nd Reading Unamended February 11, 2025 HOUSE 3rd Reading Unamended January 23, 2025 HOUSE 2nd Reading Unamended January 22, 2025 HOUSE SPONSORSHIP Lieder and Garcia Sander, Bacon, Bird, Brown, Carter, Duran, Hamrick, Joseph, Lindsay, Marshall, Paschal, Phillips, Stewart R., Titone, Woodrow SENATE SPONSORSHIP Weissman, 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. after receiving the state department's inquiry. The third party must respond either by paying the claim or issuing a written denial of the claim to the state department. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 25.5-4-209, amend2 (2)(b)(III), (2)(b)(IV) introductory portion, and (2)(b)(IV)(B); and add3 (2)(b)(V) as follows:4 25.5-4-209. Payments by third parties - copayments by5 members - review - appeal - children's waiting list reduction fund -6 rules. (2) (b) A third party, as a condition of doing business in the state,7 shall:8 (III) Respond to any inquiry by the state NO LATER THAN SIXTY9 DAYS FOLLOWING THE RECEIPT OF AN INQUIRY BY THE STATE DEPARTMENT10 regarding a claim for payment for any health-care item or service that is11 submitted not NO later than three years after the date of the provision of12 the health-care item or service; and SERVICE, RESPOND BY EITHER PAYING13 THE CLAIM OR ISSUING A WRITTEN DENIAL TO THE STATE DEPARTMENT ;14 (IV) Agree not to deny a claim submitted by the state15 DEPARTMENT solely on the basis of the date of submission of the claim,16 the type or format of the claim form, or a failure to present proper17 documentation at the point of sale that is the basis of the claim, if:18 (B) Any action by the state DEPARTMENT to enforce its rights with19 respect to the claim is commenced within six years after the state's STATE20 DEPARTMENT'S submission of the claim; AND21 (V) A CCEPT THE STATE DEPARTMENT 'S PAYMENT OF A CLAIM FOR22 A HEALTH-CARE ITEM OR SERVICE TO BE THE EQUIVALENT OF THE23 HEALTH-CARE PROVIDER OR THE MEMBER HAVING OBTAINED PRIOR24 1033-2- AUTHORIZATION FOR THE ITEM OR SERVICE FROM THE THIRD PARTY .1 SECTION 2. Safety clause. The general assembly finds,2 determines, and declares that this act is necessary for the immediate3 preservation of the public peace, health, or safety or for appropriations for4 the support and maintenance of the departments of the state and state5 institutions.6 1033 -3-