Colorado § 25.5-6-1403 Waivers and amendments

Colorado Statutes

§ 25.5-6-1403 — Waivers and amendments

Colorado § 25.5-6-1403

Title 25.5Health

Art.Colorado Medical Assistance Act -

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Bluebook

Colo. Rev. Stat. § 25.5-6-1403 (2026).

Text

(1)Repealed.

(2)If approved by the joint budget committee and subject to available appropriations, the state department shall submit to the federal centers for medicare and medicaid services an amendment to the state medical assistance plan, and shall request any necessary waivers from the secretary of the federal department of health and human services, to permit the state department to expand medical assistance eligibility as provided in this part 14 for the purpose of implementing a medicaid buy-in program for people with disabilities who are in the basic coverage group or the medical improvement group. In addition, the state department shall apply to the secretary of the federal department of health and human services for a medicaid infrastructure grant, if available, to de

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(1) Repealed.

(2) If approved by the joint budget committee and subject to available
appropriations, the state department shall submit to the federal centers for
medicare and medicaid services an amendment to the state medical assistance
plan, and shall request any necessary waivers from the secretary of the federal
department of health and human services, to permit the state department to
expand medical assistance eligibility as provided in this part 14 for the purpose of
implementing a medicaid buy-in program for people with disabilities who are in the
basic coverage group or the medical improvement group. In addition, the state
department shall apply to the secretary of the federal department of health and
human services for a medicaid infrastructure grant, if available, to develop and
implement the federal Ticket to Work and Work Incentives Improvement Act of
1999, Pub.L. 106-170.

(3) If the state medical assistance plan amendment and all necessary
waivers are approved, the state department shall implement the medicaid buy-in
program provided in this part 14 not later than three months after receiving full
federal approval, whichever is later.

(4) The state department shall seek federal authorization to implement a
medicaid buy-in program for adults who are eligible to receive home- and
community-based services pursuant to the supported living services waiver; the
developmental disabilities waiver or its successor, part 4 of this article 6; the
persons with brain injury waiver, part 7 of this article 6; and the complementary and
integrative health program, part 13 of this article 6. The state department shall
prepare and submit any requests necessary for federal approval not later than
January 1, 2023, and shall implement the medicaid buy-in program pursuant to this
subsection (4) not later than three months after receiving federal approval.

(5) (a) Except as provided in subsection (5)(b) of this section:

(I) The state department shall seek federal authorization through an
amendment to the state medical assistance plan to implement the federal
Balanced Budget Act of 1997, Pub.L. 105-33, 111, as amended, which provides
individuals an opportunity to buy into medicaid consistent with the federal Social
Security Act, 42 U.S.C. sec. 1396a (a)(10)(A)(ii)(XIII), as amended, to permit the
state department to provide medical assistance eligibility to individuals in the work
incentives eligibility group, age sixty-five and older, after they are no longer eligible
under the federal Ticket to Work and Work Incentives Improvement Act of 1999,
Pub.L. 106-170.

(II) In addition to submitting an amendment to the state medical assistance
plan pursuant to subsection (5)(a)(I) of this section, the state department shall
submit a state plan amendment pursuant to section 1902(r)(2) of the federal Social
Security Act to use less restrictive income and resource methodologies to match
the income, household, and asset levels of the medicaid buy-in program for
implementation no later than July 1, 2022.

(b) The state department shall not prepare and submit the amendments to
the state medical assistance plan pursuant to this subsection (5) if there are
insufficient revenues from the healthcare affordability and sustainability hospital
provider fee cash fund, created in section 25.5-4-402.4, for the administrative
expenses associated with preparing and submitting the state plan amendments. If
there are insufficient revenues from the healthcare affordability and sustainability
hospital provider fee cash fund, the state department may accept and expend gifts,
grants, or donations for this purpose.

Legislative History

Source: L. 2008: Entire part added, p. 2198, � 1, effective July 1. L. 2009: (2) amended, (HB 09-1293), ch. 152, p. 649, � 7, effective July 1. L. 2016: (4) added, (HB 16-1321), ch. 344, p. 1398, � 1, effective June 10; (1) repealed and (2) amended, (HB 16-1081), ch. 22, p. 52, � 7, effective August 10. L. 2020: (5) added, (SB 20-033), ch. 237, p. 1150, � 2, effective July 6. L. 2021: (4) amended, (SB 21-039), ch. 380, p. 2549, � 7, effective July 1. L. 2025: (5)(b) amended, (SB 25-270), ch. 151, p. 605, � 15, effective May 1; (4) amended, (SB 25-226), ch. 219, p. 1008, � 6, effective August 6.