Colorado 2025 2025 Regular Session

Colorado Senate Bill SB183 Amended / Bill

Filed 04/04/2025

                    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. 25-0289.01 Shelby Ross x4510
SENATE BILL 25-183
Senate Committees House Committees
Judiciary Health & Human Services
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING COVERAGE FOR CERTAIN PREGNANCY	-RELATED101
SERVICES, 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
.)
During the 2024 general election, Colorado voters approved
Amendment 79, which:
! Repealed the state constitutional amendment prohibiting
the use of public funds to pay for abortions; and
! Added a state constitutional amendment recognizing the
HOUSE
2nd Reading Unamended
April 4, 2025
SENATE
3rd Reading Unamended
March 12, 2025
SENATE
Amended 2nd Reading
March 11, 2025
SENATE SPONSORSHIP
Rodriguez and Daugherty, Amabile, Ball, Bridges, Cutter, Danielson, Gonzales J.,
Hinrichsen, Kipp, Kolker, Michaelson Jenet, Weissman, Winter F., Coleman, Jodeh,
Marchman, Mullica, Roberts, Snyder, Sullivan
HOUSE SPONSORSHIP
Garcia and McCluskie, Bacon, Boesenecker, Brown, Camacho, Carter, Clifford, Duran,
English, Espenoza, Feret, Froelich, Gilchrist, Hamrick, Jackson, Joseph, Lieder, Lindsay,
Lindstedt, Lukens, Mabrey, Martinez, Mauro, McCormick, Paschal, Phillips, Rutinel, Rydin,
Smith, Stewart K., Stewart R., Story, Titone, Valdez, Velasco, Willford, Woodrow, Zokaie
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. right to an abortion and prohibiting Colorado state and
local governments from denying, impeding, or
discriminating against the exercise of that right, including
prohibiting health insurance companies from excluding
coverage for abortion.
The bill makes conforming changes to state law relating to
abortion care as a result of Amendment 79.
Current law requires the executive director of the department of
health care policy and financing to authorize medicaid reimbursement for
family-planning-related services. The bill expands the definition of
"family-planning-related services" to include abortion care. The bill
requires the medical services board to include abortion care in the
schedule of health-care services available for pregnant persons enrolled
in the children's basic health plan.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 10-16-104, amend2
(26)(a) and (26)(d); and repeal (26)(f) as follows:3
10-16-104.  Mandatory coverage provisions - applicability -4
rules - definitions. (26)  Abortion care - rules - definition. (a) Except5
as provided in subsections (26)(d) and (26)(g) of this section and subject6
to the provisions of subsections (26)(e) and (26)(f)
 SUBSECTION (26)(e)7
of this section, all individual and group health benefit plans issued or8
renewed in this state shall provide coverage for the total cost of abortion9
care.10
(d)  An employer is not obligated to provide the coverage required11
by this subsection (26) if 
PROVIDING THE COVERAGE CONFLICTS WITH THE12
EMPLOYER'S SINCERELY HELD RELIGIOUS BELIEFS.13
(I)  Providing the coverage conflicts with the employer's sincerely
14
held religious beliefs; or15
(II)  The employer is a public entity prohibited by section 50 of16
article V of the state constitution from using public funds to pay for17
183-2- induced abortions.1
(f)  With respect to individual and small group health benefit2
plans:3
(I)  The division shall submit to the federal department of health4
and human services:5
(A)  The division's determination as to whether the benefit6
specified in this subsection (26) is in addition to essential health benefits7
and would be subject to defrayal by the state pursuant to 42 U.S.C. sec.8
18031 (d)(3)(B); and9
(B)  A request that the federal department of health and human10
services confirm the division's determination within sixty days after11
receipt of the division's request for confirmation of the determination.12
(II)  This subsection (26) applies to, and the division shall13
implement the requirements of this subsection (26) for, individual and14
small group health benefit plans issued or renewed in this state upon the15
earlier of:16
(A)  Twelve months after the federal department of health and17
human services confirms that the coverage specified in this subsection18
(26) does not constitute an additional benefit that requires defrayal by the19
state pursuant to 42 U.S.C. sec. 18031 (d)(3)(B);20
(B)  Twelve months after the federal department of health and21
human services otherwise informs the division that the coverage in this22
subsection (26) does not require state defrayal pursuant to 42 U.S.C. sec.23
18031 (d)(3)(B); or24
(C)  The passage of more than three hundred sixty-five days since25
the division submitted its determination and request for confirmation26
pursuant to subsection (26)(f)(I) of this section, and the federal27
183
-3- department of health and human services has failed to respond to the1
request within that period, in which case the division shall consider the2
federal department's unreasonable delay a preclusion from requiring3
defrayal by the state.4
SECTION 2. In Colorado Revised Statutes, add 25.5-2-106 as5
follows:6
25.5-2-106.  State-funded abortion care. W
HEN ABORTION CARE7
SERVICES ARE PROVIDED IN ACCORDANCE WITH ARTICLES 4, 5, AND 6 OF8
THIS TITLE 25.5, THE SERVICES MUST BE REIMBURSED BY STATE FUNDS9
ONLY.10
SECTION 3. In Colorado Revised Statutes, 25.5-4-412, amend11
(1) and (2)(a)(IV) as follows:12
25.5-4-412.  Family planning services - family-planning-related13
services - rules - definitions. (1)  When family planning services or14
family-planning-related services are provided in accordance with this15
article 4 and articles 5 and 6 of this title 25.5, the executive director of the16
state department shall authorize reimbursement for the services. subject
17
to section 50 of article V of the state constitution. The state department,18
any intermediary, or any managed care organization shall reimburse the19
provider of those services. Family planning services and20
family-planning-related services are not subject to policy deductibles,21
copayments, or coinsurance.22
(2)  As used in this section, unless the context otherwise requires:23
(a)  "Family-planning-related services" means services provided24
in a family planning setting as part of or as a follow-up to a family25
planning visit, including:26
(IV)  Any other medical diagnosis, treatment, or preventive service27
183
-4- that is routinely provided pursuant to a family planning visit, INCLUDING1
ABORTION CARE.2
SECTION 4. In Colorado Revised Statutes, 25.5-5-329, amend3
(1)(b)(IV) as follows:4
25.5-5-329.  Family planning services - federal authorization5
- rules - definitions. (1)  As used in this section, unless the context6
otherwise requires:7
(b)  "Family-planning-related services" means services provided8
in a family planning setting as part of or as a follow-up to a family9
planning visit, including:10
(IV)  Any other medical diagnosis, treatment, or preventive service11
that is routinely provided pursuant to a family planning visit, 
INCLUDING12
ABORTION CARE.13
SECTION 5. In Colorado Revised Statutes, 25.5-8-107, add14
(1)(a)(VI) as follows:15
25.5-8-107.  Duties of the department - schedule of services -16
premiums - copayments - subsidies - purchase of childhood17
immunizations. (1)  In addition to any other duties pursuant to this article18
8, the department has the following duties:19
(a) (VI)  I
N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTIONS20
(1)(a)(I), (1)(a)(II), (1)(a)(III), 
AND (1)(a)(V) OF THIS SECTION, AND ANY21
ADDITIONAL ITEMS APPROVED BY THE MEDICAL SERVICES BOARD , ON AND22
AFTER JANUARY 1, 2026, THE MEDICAL SERVICES BOARD SHALL INCLUDE23
ABORTION CARE IN THE SCHEDULE OF HEALTH -CARE SERVICES FOR ALL24
ENROLLED PREGNANT PERSONS .25
SECTION 6. In Colorado Revised Statutes, 24-75-109, add
26
(1)(a.9) as follows:27
183
-5- 24-75-109.  Controller may allow expenditures in excess of1
appropriations - limitations - appropriations for subsequent fiscal2
year restricted - repeal. (1)  For the purpose of closing the state's books,3
and subject to the provisions of this section, the controller may, on or4
after May 1 of any fiscal year and before the forty-fifth day after the close5
thereof, upon approval of the governor, allow any department, institution,6
or agency of the state, including any institution of higher education, to7
make an expenditure in excess of the amount authorized by an item of8
appropriation for such fiscal year if:9
(a.9)  T
HE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH
10
CARE POLICY AND FINANCING FOR ABORTION CARE SERVICES PROVIDED11
PURSUANT TO SECTION 25.5-2-106 AND 25.5-8-107 (1)(a)(VI); OR12
SECTION 7. In Colorado Revised Statutes, repeal 25.5-3-106,13
25.5-4-415, and 25.5-5-103 (2).14
SECTION 8. Severability. If any provision of this act or the15
application of this act to any person or circumstance is held invalid, the16
invalidity does not affect other provisions or applications of the act that17
can be given effect without the invalid provision or application, and to18
this end the provisions of this act are declared to be severable.19
SECTION 9. Appropriation - adjustments to 2025 long bill.20
(1)  To implement this act, appropriations made in the annual general21
appropriation act for the 2025-26 state fiscal year to the department of22
health care policy and financing are adjusted as follows:23
(a)  The general fund appropriation for medical and long-term care24
services for medicaid eligible individuals is decreased by $1,415,236,25
which amount is subject to the "(M)" notation as defined in the annual26
general appropriation act for the same fiscal year;27
183
-6- (b)  The decrease of the appropriations in subsection (1)(a) of this1
section is based on the assumption that the anticipated amount of federal2
funds received for medical and long-term care services for medicaid3
eligible individuals will decrease by $1,576,048.4
(c)  The general fund appropriation for children's basic health plan5
medical and dental costs is decreased by $36,669;6
(d)  The cash funds appropriation from the healthcare affordability7
and sustainability fee cash fund created in section 25.5-4-402.5 (5)(a),8
C.R.S., for children's basic health plan medical and dental costs is9
decreased by $41,650; and10
(e)  The decrease of the appropriations in subsection (c) of this11
section is based on the assumption that the anticipated amount of federal12
funds received for children's basic health plan medical and dental costs13
will decrease by $145,449.14
(2)  For the 2025-26 state fiscal year, $2,928,800 is appropriated15
to the department of health care policy and financing for use for other16
medical services. This appropriation is from the general fund. To17
implement this act, the department may use this appropriation for abortion18
care.19
SECTION 10. Effective date. This act takes effect January 1,20
2026.21
SECTION 11. 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
183
-7-