§ 25.5-2-104 — State-funded health and medical care

Colorado § 25.5-2-104

• Jurisdiction: Colorado
• Title 25.5: Health
• Art.: State-funded Health and Medical Care

Text

(1) Beginning no later
than January 1, 2025, there is created the state medical assistance program,
referred to in this section as state medical assistance. State medical assistance
includes all benefits and services at the same cost to the beneficiary as are offered
pursuant to the medical assistance program defined in section 25.5-4-103 (13), such
that, to the maximum extent possible, eligible individuals must not be able to tell
that the person is enrolled in a different program from medical assistance pursuant
to section 25.5-4-103 (13).

(2) A child who is less than nineteen years of age is eligible to receive state
medical assistance if the child would be eligible for medical assistance as defined
in section 25.5-4-103 (13) but is not eligible due solely to the child's immigration
status.

(3) A child who is less than nineteen years of age is presumptively eligible
for state medical assistance and will receive services specified by state law only if
a parent or legal guardian of the child declares all pertinent information relating to
the criteria of income and assets of the child's family.

(4) State medical assistance must be funded by state funds only, except to
the extent federal funds are made available through express written authorization
through a federal waiver, state plan amendment, or otherwise, by the federal
centers for medicare and medicaid services.

(5) The state department shall seek any necessary federal approvals to
maximize any available federal financial participation in implementing this section.

(6) To the maximum extent allowable under federal law, the state
department shall, using appropriate funding, use the same infrastructure and
provider network to deliver state medical assistance as it does to deliver medical
assistance as defined in section 25.5-4-103 (13).

(7) This section constitutes state authority within the meaning of 8 U.S.C.
sec. 1621 (d), as that law existed on January 1, 2022.

(8) (a) During its 2024 presentation to the joint budget committee of the
general assembly and in its presentation to the health and human services
committee of the senate and the health and insurance committee of the house of
representatives, or any successor committees, at the hearing held pursuant to
section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act, the state department shall report on its
plans and progress in implementing state medical assistance.

(b) Beginning January 1, 2026, and continuing every January thereafter, the
state department, in its presentation to the joint budget committee of the general
assembly and in its presentation to the health and human services committee of the
senate and the health and insurance committee of the house of representatives, or
any successor committees, at the hearing held pursuant to section 2-7-203 (2)(a) of
the State Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act, shall report on the cost savings and health improvements
associated with state medical assistance.

Legislative History

Source: L. 2022: Entire section added, (HB 22-1289), ch. 399, p. 2838, � 10, effective June 7. L. 2023: (4) amended, (HB 23-1301), ch. 303, p. 1829, � 44, effective August 7.