SENATE BILL 25-183
BY SENATOR(S) Rodriguez and Daugherty, Amabile, Ball, Bridges,
Cutter, Danielson, Gonzales J., Hinrichsen, Kipp, Kolker, Michaelson Jenet,
Weissman, Winter F., Jodeh, Marchman, Mullica, Roberts, Snyder,
Sullivan, Coleman;
also REPRESENTATIVE(S) 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, Bird, Sirota.
C
ONCERNING COVERAGE FOR CERTAIN PREGNANCY -RELATED SERVICES,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 10-16-104, amend
(26)(a) and (26)(d); and repeal (26)(f) as follows:
10-16-104. Mandatory coverage provisions - applicability - rules
- definitions. (26) Abortion care - rules - definition. (a) Except as
provided in subsections (26)(d) and (26)(g) of this section and subject to the
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. provisions of subsections (26)(e) and (26)(f) SUBSECTION (26)(e) of this
section, all individual and group health benefit plans issued or renewed in
this state shall provide coverage for the total cost of abortion care.
(d) An employer is not obligated to provide the coverage required
by this subsection (26) if
PROVIDING THE COVERAGE CONFLICTS WITH THE
EMPLOYER
'S SINCERELY HELD RELIGIOUS BELIEFS.
(I) Providing the coverage conflicts with the employer's sincerely
held religious beliefs; or
(II) The employer is a public entity prohibited by section 50 of
article V of the state constitution from using public funds to pay for induced
abortions.
(f) With respect to individual and small group health benefit plans:
(I) The division shall submit to the federal department of health and
human services:
(A) The division's determination as to whether the benefit specified
in this subsection (26) is in addition to essential health benefits and would
be subject to defrayal by the state pursuant to 42 U.S.C. sec. 18031
(d)(3)(B); and
(B) A request that the federal department of health and human
services confirm the division's determination within sixty days after receipt
of the division's request for confirmation of the determination.
(II) This subsection (26) applies to, and the division shall implement
the requirements of this subsection (26) for, individual and small group
health benefit plans issued or renewed in this state upon the earlier of:
(A) Twelve months after the federal department of health and
human services confirms that the coverage specified in this subsection (26)
does not constitute an additional benefit that requires defrayal by the state
pursuant to 42 U.S.C. sec. 18031 (d)(3)(B);
(B) Twelve months after the federal department of health and human
services otherwise informs the division that the coverage in this subsection
PAGE 2-SENATE BILL 25-183 (26) does not require state defrayal pursuant to 42 U.S.C. sec. 18031
(d)(3)(B); or
(C) The passage of more than three hundred sixty-five days since the
division submitted its determination and request for confirmation pursuant
to subsection (26)(f)(I) of this section, and the federal department of health
and human services has failed to respond to the request within that period,
in which case the division shall consider the federal department's
unreasonable delay a preclusion from requiring defrayal by the state.
SECTION 2. In Colorado Revised Statutes, add 25.5-2-106 as
follows:
25.5-2-106. State-funded abortion care. W
HEN ABORTION CARE
SERVICES ARE PROVIDED IN ACCORDANCE WITH ARTICLES
4, 5, AND 6 OF THIS
TITLE
25.5, THE SERVICES MUST BE REIMBURSED BY STATE FUNDS ONLY .
SECTION 3. In Colorado Revised Statutes, 25.5-4-412, amend (1)
and (2)(a)(IV) as follows:
25.5-4-412. Family planning services - family-planning-related
services - rules - definitions. (1) When family planning services or
family-planning-related services are provided in accordance with this article
4 and articles 5 and 6 of this title 25.5, the executive director of the state
department shall authorize reimbursement for the services. subject to
section 50 of article V of the state constitution. The state department, any
intermediary, or any managed care organization shall reimburse the provider
of those services. Family planning services and family-planning-related
services are not subject to policy deductibles, copayments, or coinsurance.
(2) As used in this section, unless the context otherwise requires:
(a) "Family-planning-related services" means services provided in
a family planning setting as part of or as a follow-up to a family planning
visit, including:
(IV) Any other medical diagnosis, treatment, or preventive service
that is routinely provided pursuant to a family planning visit,
INCLUDING
ABORTION CARE
.
PAGE 3-SENATE BILL 25-183 SECTION 4. In Colorado Revised Statutes, 25.5-5-329, amend
(1)(b)(IV) as follows:
25.5-5-329. Family planning services - federal authorization -
rules - definitions. (1) As used in this section, unless the context otherwise
requires:
(b) "Family-planning-related services" means services provided in
a family planning setting as part of or as a follow-up to a family planning
visit, including:
(IV) Any other medical diagnosis, treatment, or preventive service
that is routinely provided pursuant to a family planning visit,
INCLUDING
ABORTION CARE
.
SECTION 5. In Colorado Revised Statutes, 25.5-8-107, add
(1)(a)(VI) as follows:
25.5-8-107. Duties of the department - schedule of services -
premiums - copayments - subsidies - purchase of childhood
immunizations. (1) In addition to any other duties pursuant to this article
8, the department has the following duties:
(a) (VI) I
N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTIONS
(1)(a)(I), (1)(a)(II), (1)(a)(III), AND (1)(a)(V) OF THIS SECTION, AND ANY
ADDITIONAL ITEMS APPROVED BY THE MEDICAL SERVICES BOARD
, ON AND
AFTER
JANUARY 1, 2026, THE MEDICAL SERVICES BOARD SHALL INCLUDE
ABORTION CARE IN THE SCHEDULE OF HEALTH
-CARE SERVICES FOR ALL
ENROLLED PREGNANT PERSONS
.
SECTION 6. In Colorado Revised Statutes, 24-75-109, add (1)(a.9)
as follows:
24-75-109. Controller may allow expenditures in excess of
appropriations - limitations - appropriations for subsequent fiscal year
restricted - repeal. (1) For the purpose of closing the state's books, and
subject to the provisions of this section, the controller may, on or after May
1 of any fiscal year and before the forty-fifth day after the close thereof,
upon approval of the governor, allow any department, institution, or agency
of the state, including any institution of higher education, to make an
PAGE 4-SENATE BILL 25-183 expenditure in excess of the amount authorized by an item of appropriation
for such fiscal year if:
(a.9) T
HE OVEREXPENDITURE IS BY THE DEPARTMENT OF HEALTH
CARE POLICY AND FINANCING FOR ABORTION CARE SERVICES PROVIDED
PURSUANT TO SECTION
25.5-2-106 AND 25.5-8-107 (1)(a)(VI); OR
SECTION 7. In Colorado Revised Statutes, repeal 25.5-3-106,
25.5-4-415, and 25.5-5-103 (2).
SECTION 8. Severability. If any provision of this act or the
application of this act to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
SECTION 9. Appropriation - adjustments to 2025 long bill.
(1) To implement this act, appropriations made in the annual general
appropriation act for the 2025-26 state fiscal year to the department of
health care policy and financing are adjusted as follows:
(a) The general fund appropriation for medical and long-term care
services for medicaid eligible individuals is decreased by $1,415,236, which
amount is subject to the "(M)" notation as defined in the annual general
appropriation act for the same fiscal year;
(b) The decrease of the appropriations in subsection (1)(a) of this
section is based on the assumption that the anticipated amount of federal
funds received for medical and long-term care services for medicaid eligible
individuals will decrease by $1,576,048.
(c) The general fund appropriation for children's basic health plan
medical and dental costs is decreased by $36,669;
(d) The cash funds appropriation from the healthcare affordability
and sustainability fee cash fund created in section 25.5-4-402.5 (5)(a),
C.R.S., for children's basic health plan medical and dental costs is decreased
by $41,650; and
(e) The decrease of the appropriations in subsection (c) of this
PAGE 5-SENATE BILL 25-183 section is based on the assumption that the anticipated amount of federal
funds received for children's basic health plan medical and dental costs will
decrease by $145,449.
(2) For the 2025-26 state fiscal year, $2,928,800 is appropriated to
the department of health care policy and financing for use for other medical
services. This appropriation is from the general fund. To implement this act,
the department may use this appropriation for abortion care.
SECTION 10. Effective date. This act takes effect January 1, 2026.
SECTION 11. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 6-SENATE BILL 25-183 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 25-183