Colorado 2025 Regular Session

Colorado Senate Bill SB183 Compare Versions

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1+First Regular Session
2+Seventy-fifth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 25-0289.01 Shelby Ross x4510
18 SENATE BILL 25-183
2-BY SENATOR(S) Rodriguez and Daugherty, Amabile, Ball, Bridges,
3-Cutter, Danielson, Gonzales J., Hinrichsen, Kipp, Kolker, Michaelson Jenet,
4-Weissman, Winter F., Jodeh, Marchman, Mullica, Roberts, Snyder,
5-Sullivan, Coleman;
6-also REPRESENTATIVE(S) Garcia and McCluskie, Bacon, Boesenecker,
7-Brown, Camacho, Carter, Clifford, Duran, English, Espenoza, Feret,
8-Froelich, Gilchrist, Hamrick, Jackson, Joseph, Lieder, Lindsay, Lindstedt,
9-Lukens, Mabrey, Martinez, Mauro, McCormick, Paschal, Phillips, Rutinel,
10-Rydin, Smith, Stewart K., Stewart R., Story, Titone, Valdez, Velasco,
11-Willford, Woodrow, Zokaie, Bird, Sirota.
9+Senate Committees House Committees
10+Judiciary Health & Human Services
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1213 C
13-ONCERNING COVERAGE FOR CERTAIN PREGNANCY -RELATED SERVICES,
14-AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
15-
16-Be it enacted by the General Assembly of the State of Colorado:
17-SECTION 1. In Colorado Revised Statutes, 10-16-104, amend
18-(26)(a) and (26)(d); and repeal (26)(f) as follows:
19-10-16-104. Mandatory coverage provisions - applicability - rules
20-- definitions. (26) Abortion care - rules - definition. (a) Except as
21-provided in subsections (26)(d) and (26)(g) of this section and subject to the
22-NOTE: This bill has been prepared for the signatures of the appropriate legislative
23-officers and the Governor. To determine whether the Governor has signed the bill
24-or taken other action on it, please consult the legislative status sheet, the legislative
25-history, or the Session Laws.
26-________
27-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28-through words or numbers indicate deletions from existing law and such material is not part of
29-the act. provisions of subsections (26)(e) and (26)(f) SUBSECTION (26)(e) of this
30-section, all individual and group health benefit plans issued or renewed in
31-this state shall provide coverage for the total cost of abortion care.
32-(d) An employer is not obligated to provide the coverage required
14+ONCERNING COVERAGE FOR CERTAIN PREGNANCY -RELATED101
15+SERVICES, AND, IN CONNECTION THEREWITH , MAKING AN
16+102
17+APPROPRIATION.103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+During the 2024 general election, Colorado voters approved
26+Amendment 79, which:
27+! Repealed the state constitutional amendment prohibiting
28+the use of public funds to pay for abortions; and
29+! Added a state constitutional amendment recognizing the
30+HOUSE
31+3rd Reading Unamended
32+April 6, 2025
33+HOUSE
34+2nd Reading Unamended
35+April 4, 2025
36+SENATE
37+3rd Reading Unamended
38+March 12, 2025
39+SENATE
40+Amended 2nd Reading
41+March 11, 2025
42+SENATE SPONSORSHIP
43+Rodriguez and Daugherty, Amabile, Ball, Bridges, Cutter, Danielson, Gonzales J.,
44+Hinrichsen, Kipp, Kolker, Michaelson Jenet, Weissman, Winter F., Coleman, Jodeh,
45+Marchman, Mullica, Roberts, Snyder, Sullivan
46+HOUSE SPONSORSHIP
47+Garcia and McCluskie, Bacon, Boesenecker, Brown, Camacho, Carter, Clifford, Duran,
48+English, Espenoza, Feret, Froelich, Gilchrist, Hamrick, Jackson, Joseph, Lieder, Lindsay,
49+Lindstedt, Lukens, Mabrey, Martinez, Mauro, McCormick, Paschal, Phillips, Rutinel, Rydin,
50+Smith, Stewart K., Stewart R., Story, Titone, Valdez, Velasco, Willford, Woodrow, Zokaie,
51+Bird, Sirota
52+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
53+Capital letters or bold & italic numbers indicate new material to be added to existing law.
54+Dashes through the words or numbers indicate deletions from existing law. right to an abortion and prohibiting Colorado state and
55+local governments from denying, impeding, or
56+discriminating against the exercise of that right, including
57+prohibiting health insurance companies from excluding
58+coverage for abortion.
59+The bill makes conforming changes to state law relating to
60+abortion care as a result of Amendment 79.
61+Current law requires the executive director of the department of
62+health care policy and financing to authorize medicaid reimbursement for
63+family-planning-related services. The bill expands the definition of
64+"family-planning-related services" to include abortion care. The bill
65+requires the medical services board to include abortion care in the
66+schedule of health-care services available for pregnant persons enrolled
67+in the children's basic health plan.
68+Be it enacted by the General Assembly of the State of Colorado:1
69+SECTION 1. In Colorado Revised Statutes, 10-16-104, amend2
70+(26)(a) and (26)(d); and repeal (26)(f) as follows:3
71+10-16-104. Mandatory coverage provisions - applicability -4
72+rules - definitions. (26) Abortion care - rules - definition. (a) Except5
73+as provided in subsections (26)(d) and (26)(g) of this section and subject6
74+to the provisions of subsections (26)(e) and (26)(f)
75+ SUBSECTION (26)(e)7
76+of this section, all individual and group health benefit plans issued or8
77+renewed in this state shall provide coverage for the total cost of abortion9
78+care.10
79+(d) An employer is not obligated to provide the coverage required11
3380 by this subsection (26) if
34-PROVIDING THE COVERAGE CONFLICTS WITH THE
35-EMPLOYER
36-'S SINCERELY HELD RELIGIOUS BELIEFS.
81+PROVIDING THE COVERAGE CONFLICTS WITH THE12
82+EMPLOYER'S SINCERELY HELD RELIGIOUS BELIEFS.13
3783 (I) Providing the coverage conflicts with the employer's sincerely
38-held religious beliefs; or
39-(II) The employer is a public entity prohibited by section 50 of
40-article V of the state constitution from using public funds to pay for induced
41-abortions.
42-(f) With respect to individual and small group health benefit plans:
43-(I) The division shall submit to the federal department of health and
44-human services:
45-(A) The division's determination as to whether the benefit specified
46-in this subsection (26) is in addition to essential health benefits and would
47-be subject to defrayal by the state pursuant to 42 U.S.C. sec. 18031
48-(d)(3)(B); and
49-(B) A request that the federal department of health and human
50-services confirm the division's determination within sixty days after receipt
51-of the division's request for confirmation of the determination.
52-(II) This subsection (26) applies to, and the division shall implement
53-the requirements of this subsection (26) for, individual and small group
54-health benefit plans issued or renewed in this state upon the earlier of:
55-(A) Twelve months after the federal department of health and
56-human services confirms that the coverage specified in this subsection (26)
57-does not constitute an additional benefit that requires defrayal by the state
58-pursuant to 42 U.S.C. sec. 18031 (d)(3)(B);
59-(B) Twelve months after the federal department of health and human
60-services otherwise informs the division that the coverage in this subsection
61-PAGE 2-SENATE BILL 25-183 (26) does not require state defrayal pursuant to 42 U.S.C. sec. 18031
62-(d)(3)(B); or
63-(C) The passage of more than three hundred sixty-five days since the
64-division submitted its determination and request for confirmation pursuant
65-to subsection (26)(f)(I) of this section, and the federal department of health
66-and human services has failed to respond to the request within that period,
67-in which case the division shall consider the federal department's
68-unreasonable delay a preclusion from requiring defrayal by the state.
69-SECTION 2. In Colorado Revised Statutes, add 25.5-2-106 as
70-follows:
84+14
85+held religious beliefs; or15
86+(II) The employer is a public entity prohibited by section 50 of16
87+article V of the state constitution from using public funds to pay for17
88+183-2- induced abortions.1
89+(f) With respect to individual and small group health benefit2
90+plans:3
91+(I) The division shall submit to the federal department of health4
92+and human services:5
93+(A) The division's determination as to whether the benefit6
94+specified in this subsection (26) is in addition to essential health benefits7
95+and would be subject to defrayal by the state pursuant to 42 U.S.C. sec.8
96+18031 (d)(3)(B); and9
97+(B) A request that the federal department of health and human10
98+services confirm the division's determination within sixty days after11
99+receipt of the division's request for confirmation of the determination.12
100+(II) This subsection (26) applies to, and the division shall13
101+implement the requirements of this subsection (26) for, individual and14
102+small group health benefit plans issued or renewed in this state upon the15
103+earlier of:16
104+(A) Twelve months after the federal department of health and17
105+human services confirms that the coverage specified in this subsection18
106+(26) does not constitute an additional benefit that requires defrayal by the19
107+state pursuant to 42 U.S.C. sec. 18031 (d)(3)(B);20
108+(B) Twelve months after the federal department of health and21
109+human services otherwise informs the division that the coverage in this22
110+subsection (26) does not require state defrayal pursuant to 42 U.S.C. sec.23
111+18031 (d)(3)(B); or24
112+(C) The passage of more than three hundred sixty-five days since25
113+the division submitted its determination and request for confirmation26
114+pursuant to subsection (26)(f)(I) of this section, and the federal27
115+183
116+-3- department of health and human services has failed to respond to the1
117+request within that period, in which case the division shall consider the2
118+federal department's unreasonable delay a preclusion from requiring3
119+defrayal by the state.4
120+SECTION 2. In Colorado Revised Statutes, add 25.5-2-106 as5
121+follows:6
71122 25.5-2-106. State-funded abortion care. W
72-HEN ABORTION CARE
73-SERVICES ARE PROVIDED IN ACCORDANCE WITH ARTICLES
74-4, 5, AND 6 OF THIS
75-TITLE
76-25.5, THE SERVICES MUST BE REIMBURSED BY STATE FUNDS ONLY .
77-SECTION 3. In Colorado Revised Statutes, 25.5-4-412, amend (1)
78-and (2)(a)(IV) as follows:
79-25.5-4-412. Family planning services - family-planning-related
80-services - rules - definitions. (1) When family planning services or
81-family-planning-related services are provided in accordance with this article
82-4 and articles 5 and 6 of this title 25.5, the executive director of the state
83-department shall authorize reimbursement for the services. subject to
84-section 50 of article V of the state constitution. The state department, any
85-intermediary, or any managed care organization shall reimburse the provider
86-of those services. Family planning services and family-planning-related
87-services are not subject to policy deductibles, copayments, or coinsurance.
88-(2) As used in this section, unless the context otherwise requires:
89-(a) "Family-planning-related services" means services provided in
90-a family planning setting as part of or as a follow-up to a family planning
91-visit, including:
92-(IV) Any other medical diagnosis, treatment, or preventive service
123+HEN ABORTION CARE7
124+SERVICES ARE PROVIDED IN ACCORDANCE WITH ARTICLES 4, 5, AND 6 OF8
125+THIS TITLE 25.5, THE SERVICES MUST BE REIMBURSED BY STATE FUNDS9
126+ONLY.10
127+SECTION 3. In Colorado Revised Statutes, 25.5-4-412, amend11
128+(1) and (2)(a)(IV) as follows:12
129+25.5-4-412. Family planning services - family-planning-related13
130+services - rules - definitions. (1) When family planning services or14
131+family-planning-related services are provided in accordance with this15
132+article 4 and articles 5 and 6 of this title 25.5, the executive director of the16
133+state department shall authorize reimbursement for the services. subject
134+17
135+to section 50 of article V of the state constitution. The state department,18
136+any intermediary, or any managed care organization shall reimburse the19
137+provider of those services. Family planning services and20
138+family-planning-related services are not subject to policy deductibles,21
139+copayments, or coinsurance.22
140+(2) As used in this section, unless the context otherwise requires:23
141+(a) "Family-planning-related services" means services provided24
142+in a family planning setting as part of or as a follow-up to a family25
143+planning visit, including:26
144+(IV) Any other medical diagnosis, treatment, or preventive service27
145+183
146+-4- that is routinely provided pursuant to a family planning visit, INCLUDING1
147+ABORTION CARE.2
148+SECTION 4. In Colorado Revised Statutes, 25.5-5-329, amend3
149+(1)(b)(IV) as follows:4
150+25.5-5-329. Family planning services - federal authorization5
151+- rules - definitions. (1) As used in this section, unless the context6
152+otherwise requires:7
153+(b) "Family-planning-related services" means services provided8
154+in a family planning setting as part of or as a follow-up to a family9
155+planning visit, including:10
156+(IV) Any other medical diagnosis, treatment, or preventive service11
93157 that is routinely provided pursuant to a family planning visit,
94-INCLUDING
95-ABORTION CARE
96-.
97-PAGE 3-SENATE BILL 25-183 SECTION 4. In Colorado Revised Statutes, 25.5-5-329, amend
98-(1)(b)(IV) as follows:
99-25.5-5-329. Family planning services - federal authorization -
100-rules - definitions. (1) As used in this section, unless the context otherwise
101-requires:
102-(b) "Family-planning-related services" means services provided in
103-a family planning setting as part of or as a follow-up to a family planning
104-visit, including:
105-(IV) Any other medical diagnosis, treatment, or preventive service
106-that is routinely provided pursuant to a family planning visit,
107-INCLUDING
108-ABORTION CARE
109-.
110-SECTION 5. In Colorado Revised Statutes, 25.5-8-107, add
111-(1)(a)(VI) as follows:
112-25.5-8-107. Duties of the department - schedule of services -
113-premiums - copayments - subsidies - purchase of childhood
114-immunizations. (1) In addition to any other duties pursuant to this article
115-8, the department has the following duties:
158+INCLUDING12
159+ABORTION CARE.13
160+SECTION 5. In Colorado Revised Statutes, 25.5-8-107, add14
161+(1)(a)(VI) as follows:15
162+25.5-8-107. Duties of the department - schedule of services -16
163+premiums - copayments - subsidies - purchase of childhood17
164+immunizations. (1) In addition to any other duties pursuant to this article18
165+8, the department has the following duties:19
116166 (a) (VI) I
117-N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTIONS
118-(1)(a)(I), (1)(a)(II), (1)(a)(III), AND (1)(a)(V) OF THIS SECTION, AND ANY
119-ADDITIONAL ITEMS APPROVED BY THE MEDICAL SERVICES BOARD
120-, ON AND
121-AFTER
122-JANUARY 1, 2026, THE MEDICAL SERVICES BOARD SHALL INCLUDE
123-ABORTION CARE IN THE SCHEDULE OF HEALTH
124--CARE SERVICES FOR ALL
125-ENROLLED PREGNANT PERSONS
126-.
127-SECTION 6. In Colorado Revised Statutes, 24-75-109, add (1)(a.9)
128-as follows:
129-24-75-109. Controller may allow expenditures in excess of
130-appropriations - limitations - appropriations for subsequent fiscal year
131-restricted - repeal. (1) For the purpose of closing the state's books, and
132-subject to the provisions of this section, the controller may, on or after May
133-1 of any fiscal year and before the forty-fifth day after the close thereof,
134-upon approval of the governor, allow any department, institution, or agency
135-of the state, including any institution of higher education, to make an
136-PAGE 4-SENATE BILL 25-183 expenditure in excess of the amount authorized by an item of appropriation
137-for such fiscal year if:
167+N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTIONS20
168+(1)(a)(I), (1)(a)(II), (1)(a)(III),
169+AND (1)(a)(V) OF THIS SECTION, AND ANY21
170+ADDITIONAL ITEMS APPROVED BY THE MEDICAL SERVICES BOARD , ON AND22
171+AFTER JANUARY 1, 2026, THE MEDICAL SERVICES BOARD SHALL INCLUDE23
172+ABORTION CARE IN THE SCHEDULE OF HEALTH -CARE SERVICES FOR ALL24
173+ENROLLED PREGNANT PERSONS .25
174+SECTION 6. In Colorado Revised Statutes, 24-75-109, add
175+26
176+(1)(a.9) as follows:27
177+183
178+-5- 24-75-109. Controller may allow expenditures in excess of1
179+appropriations - limitations - appropriations for subsequent fiscal2
180+year restricted - repeal. (1) For the purpose of closing the state's books,3
181+and subject to the provisions of this section, the controller may, on or4
182+after May 1 of any fiscal year and before the forty-fifth day after the close5
183+thereof, upon approval of the governor, allow any department, institution,6
184+or agency of the state, including any institution of higher education, to7
185+make an expenditure in excess of the amount authorized by an item of8
186+appropriation for such fiscal year if:9
138187 (a.9) T
139188 HE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH
140-CARE POLICY AND FINANCING FOR ABORTION CARE SERVICES PROVIDED
141-PURSUANT TO SECTION
142-25.5-2-106 AND 25.5-8-107 (1)(a)(VI); OR
143-SECTION 7. In Colorado Revised Statutes, repeal 25.5-3-106,
144-25.5-4-415, and 25.5-5-103 (2).
145-SECTION 8. Severability. If any provision of this act or the
146-application of this act to any person or circumstance is held invalid, the
147-invalidity does not affect other provisions or applications of the act that can
148-be given effect without the invalid provision or application, and to this end
149-the provisions of this act are declared to be severable.
150-SECTION 9. Appropriation - adjustments to 2025 long bill.
151-(1) To implement this act, appropriations made in the annual general
152-appropriation act for the 2025-26 state fiscal year to the department of
153-health care policy and financing are adjusted as follows:
154-(a) The general fund appropriation for medical and long-term care
155-services for medicaid eligible individuals is decreased by $1,415,236, which
156-amount is subject to the "(M)" notation as defined in the annual general
157-appropriation act for the same fiscal year;
158-(b) The decrease of the appropriations in subsection (1)(a) of this
159-section is based on the assumption that the anticipated amount of federal
160-funds received for medical and long-term care services for medicaid eligible
161-individuals will decrease by $1,576,048.
162-(c) The general fund appropriation for children's basic health plan
163-medical and dental costs is decreased by $36,669;
164-(d) The cash funds appropriation from the healthcare affordability
165-and sustainability fee cash fund created in section 25.5-4-402.5 (5)(a),
166-C.R.S., for children's basic health plan medical and dental costs is decreased
167-by $41,650; and
168-(e) The decrease of the appropriations in subsection (c) of this
169-PAGE 5-SENATE BILL 25-183 section is based on the assumption that the anticipated amount of federal
170-funds received for children's basic health plan medical and dental costs will
171-decrease by $145,449.
172-(2) For the 2025-26 state fiscal year, $2,928,800 is appropriated to
173-the department of health care policy and financing for use for other medical
174-services. This appropriation is from the general fund. To implement this act,
175-the department may use this appropriation for abortion care.
176-SECTION 10. Effective date. This act takes effect January 1, 2026.
177-SECTION 11. Safety clause. The general assembly finds,
178-determines, and declares that this act is necessary for the immediate
179-preservation of the public peace, health, or safety or for appropriations for
180-PAGE 6-SENATE BILL 25-183 the support and maintenance of the departments of the state and state
181-institutions.
182-____________________________ ____________________________
183-James Rashad Coleman, Sr. Julie McCluskie
184-PRESIDENT OF SPEAKER OF THE HOUSE
185-THE SENATE OF REPRESENTATIVES
186-____________________________ ____________________________
187-Esther van Mourik Vanessa Reilly
188-SECRETARY OF CHIEF CLERK OF THE HOUSE
189-THE SENATE OF REPRESENTATIVES
190- APPROVED________________________________________
191- (Date and Time)
192- _________________________________________
193- Jared S. Polis
194- GOVERNOR OF THE STATE OF COLORADO
195-PAGE 7-SENATE BILL 25-183
189+10
190+CARE POLICY AND FINANCING FOR ABORTION CARE SERVICES PROVIDED11
191+PURSUANT TO SECTION 25.5-2-106 AND 25.5-8-107 (1)(a)(VI); OR12
192+SECTION 7. In Colorado Revised Statutes, repeal 25.5-3-106,13
193+25.5-4-415, and 25.5-5-103 (2).14
194+SECTION 8. Severability. If any provision of this act or the15
195+application of this act to any person or circumstance is held invalid, the16
196+invalidity does not affect other provisions or applications of the act that17
197+can be given effect without the invalid provision or application, and to18
198+this end the provisions of this act are declared to be severable.19
199+SECTION 9. Appropriation - adjustments to 2025 long bill.20
200+(1) To implement this act, appropriations made in the annual general21
201+appropriation act for the 2025-26 state fiscal year to the department of22
202+health care policy and financing are adjusted as follows:23
203+(a) The general fund appropriation for medical and long-term care24
204+services for medicaid eligible individuals is decreased by $1,415,236,25
205+which amount is subject to the "(M)" notation as defined in the annual26
206+general appropriation act for the same fiscal year;27
207+183
208+-6- (b) The decrease of the appropriations in subsection (1)(a) of this1
209+section is based on the assumption that the anticipated amount of federal2
210+funds received for medical and long-term care services for medicaid3
211+eligible individuals will decrease by $1,576,048.4
212+(c) The general fund appropriation for children's basic health plan5
213+medical and dental costs is decreased by $36,669;6
214+(d) The cash funds appropriation from the healthcare affordability7
215+and sustainability fee cash fund created in section 25.5-4-402.5 (5)(a),8
216+C.R.S., for children's basic health plan medical and dental costs is9
217+decreased by $41,650; and10
218+(e) The decrease of the appropriations in subsection (c) of this11
219+section is based on the assumption that the anticipated amount of federal12
220+funds received for children's basic health plan medical and dental costs13
221+will decrease by $145,449.14
222+(2) For the 2025-26 state fiscal year, $2,928,800 is appropriated15
223+to the department of health care policy and financing for use for other16
224+medical services. This appropriation is from the general fund. To17
225+implement this act, the department may use this appropriation for abortion18
226+care.19
227+SECTION 10. Effective date. This act takes effect January 1,20
228+2026.21
229+SECTION 11. Safety clause. The general assembly finds,22
230+determines, and declares that this act is necessary for the immediate23
231+preservation of the public peace, health, or safety or for appropriations for24
232+the support and maintenance of the departments of the state and state25
233+institutions.26
234+183
235+-7-