2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › ADMINISTRATION (§§ 25.5-1-101 — 25.5-2-105) › Article 2 - STATE-FUNDED HEALTH AND MEDICAL CARE (§§ 25.5-2-101 — 25.5-2-105) › Section 25.5-2-105 - [Effective 8/7/2024] State children's basic health plan

(1)
Beginning no later than January 1, 2025, there is created the state children's basic health plan. The state children's basic health plan includes all benefits and services, at the same cost to the beneficiary, as are offered pursuant to the children's basic health plan in section
25.5-8-107
, such that, to the maximum extent possible, eligible individuals must not be able to tell that they are enrolled in a different program from the plan described in section
25.5-8-107
.
(2)
A child who is less than nineteen years of age is eligible to receive the state children's basic health plan if the child would be eligible for the children's basic health plan as described in section
25.5-8-107
, 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 the state children's basic health plan 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)
The state children's basic health plan 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 the state's children's basic health plan as it does to deliver the children's basic health plan described in section
25.5-8-107
.
(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 the state children's basic health plan.
(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 the state children's basic health plan.
Amended by 2024 Ch. 490,§ 60, eff. 8/7/2024.
Added by 2022 Ch. 399, § 10, eff. 6/7/2022.
2024 Ch. 490, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.