§ 25.5-5-319 — Family planning pilot program - rules - federal waiver - repeal

Colorado § 25.5-5-319

• Jurisdiction: Colorado
• Title 25.5: Health
• Art.: Colorado Medical Assistance Act -

Text

(1) There is hereby established a family planning pilot program for the provision of
family planning services to categorically eligible individuals who are at or below a
percentage of the federal poverty line established pursuant to the federal waiver
sought pursuant to subsection (2) of this section. The state board shall promulgate
rules setting forth the family planning services to be provided under the family
planning pilot program.

(2) The executive director of the state department, in consultation with the
department of public health and environment, shall seek a federal waiver that is
cost-neutral to the state general fund for the implementation of the family planning
pilot program established pursuant to this section such that ten percent of the
family planning services provided to low-income families pursuant to the program
as described in subsection (1) of this section would be funded with state general
fund moneys and ninety percent would be funded with federal matching funds. In
the federal waiver, the executive director shall not seek authority to waive or
disregard the provisions of 42 U.S.C. sec. 1396a (a)(23)(B).

(3) (a) Upon issuance of the federal waiver sought pursuant to subsection (2)
of this section, the departments of health care policy and financing and public
health and environment shall seek the necessary appropriation of general funds
through the normal budgetary process for the implementation of this act.

(b) The executive director of the state department is authorized to accept
and expend on behalf of the state any funds, grants, gifts, and donations from any
private or public source for the purpose of implementing the family planning pilot
program established in this section; except that no gift, grant, donation, or funds
shall be accepted if the conditions attached thereto require the expenditure thereof
in a manner contrary to law.

(4) The executive director of the state department, or such executive
director's designee, shall prepare a written report for the members of the general
assembly concerning the findings of the department based upon the family
planning pilot program. Such report shall be provided to the members of the
general assembly not more than three years after commencement of the program.
The report shall address the number of individuals served, the type of services
provided, the cost of the program, and such other information as the executive
director deems appropriate.

(5) The implementation of this section is conditioned upon the issuance of
any necessary waiver by the federal government and available appropriations
pursuant to paragraph (a) of subsection (3) of this section. The provisions of this
section shall be implemented to the extent authorized by federal waiver. The pilot
program established by this section shall continue for five years from the receipt of
the federal waiver or for so long as specified in the federal waiver. The executive
director of the state department shall provide written notice to the revisor of
statutes of the final termination date of the waiver, and this section shall be
repealed, effective July 1 five years after the issuance of the federal waiver or July 1
in the year in which the waiver is terminated, whichever occurs first.

Legislative History

Source: L. 2006: Entire article added with relocations, p. 1882, � 7, effective July 1. L. 2008: (1) and (2) amended, p. 41, � 1, effective March 13. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2113, � 148, effective August 11.