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 Repealed the state constitutional amendment prohibiting the use of public funds to pay for abortions; and !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-