2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-113 - Colorado affordable health care coverage easy enrollment program - advisory committee - creation - appointments - duties - definitions - repeal

(1)
There is hereby created the Colorado affordable health care coverage easy enrollment program for the purpose of leveraging the individual income tax filing process to maximize the enrollment of eligible uninsured individuals in a health-care coverage affordability program.
(2)
(a)
For the purpose of guiding the implementation and administration of the program, there is hereby created the affordable health care coverage easy enrollment advisory committee. The executive directors of the exchange and the department of revenue, or their designees, shall serve as co-chairs of the advisory committee. On or before September 1, 2020, the board shall appoint nine additional members, as specified in subsection (2)(b) of this section, to serve on the advisory committee. In making the appointments, the board shall consider the geographic, economic, ethnic, and other characteristics of the state.
(b)
Members of the advisory committee must include:
(I)
A representative of the department of health care policy and financing;
(II)
A representative of the division;
(III)
A representative of consumer advocacy groups;
(IV)
A representative of small employers, as defined in section
10-16-102 (61)
;
(V)
A representative of insurers;
(VI)
A health-care consumer;
(VII)
A health coverage guide or other person with expertise in the process of applying for federal insurance or assistance as provided by:
(A)
Title XIX of the federal "Social Security Act", as amended, and the "Colorado Medical Assistance Act", articles
4
,
5
, and
6
of title
25.5
; or
(B)
The children's basic health plan, as defined in article
8
of title
25.5
;
(VIII)
An insurance producer, as defined in section
10-2-103 (6)
; and
(IX)
A provider of income tax preparation services.
(c)
Of the members first appointed, in order to ensure staggered terms, the initial term of office of five of the members is two years and the initial term of office of four of the members is four years. Thereafter, the term of office of all members is four years.
(d)
Members of the advisory committee may be removed for cause by the board or by a majority vote of the advisory committee members.
(e)
The advisory committee shall meet as often as necessary to carry out its duties pursuant to this section.
(f)
Members of the advisory committee are not entitled to receive per diem or other compensation for performance of services for the advisory committee but may be reimbursed for actual and necessary expenses, including any required dependent care and dependent or attendant travel, food, and lodging, while engaged in the performance of official duties of the advisory committee.
(g)
This subsection (2) is repealed, effective September 1, 2030.
(3)
(a)
The advisory committee shall:
(I)
Determine the minimum information necessary to collect through the state individual income tax forms to identify uninsured individuals and allow the exchange to assess whether they are potentially eligible for enrollment in a health-care coverage affordability program or other creditable coverage;
(II)
Determine the procedures that will be used to transfer tax filer information from the department of revenue to the exchange in order to facilitate the program;
(III)
Recommend revisions to the state individual income tax form, supplemental schedules, or both to be implemented by the department of revenue pursuant to section
39-22-5202
that are needed to implement the program. The recommendations must include:
(A)
A question asking if the tax filer wants the exchange to assess whether the uninsured individuals in the tax household are potentially eligible for a health-care coverage affordability program or other creditable coverage using information from the tax filer's state individual income tax return and other sources available to the exchange;
(B)
For tax filers that want the exchange to assess potential eligibility, a request for: The identity of the uninsured individuals and any additional information, including the household size of the tax filer, that is not otherwise available to the exchange and that is deemed essential by the advisory committee for making assessments of potential eligibility; except that the request for additional information shall not include requests for citizenship, immigration, or health status;
(IV)
Draft recommended instructions for the individual tax form instruction booklet that explain how to answer the questions added to the tax return form or schedules pursuant to section
39-22-5202 (1)(b)
and the effects of indicating that the tax filer would like the exchange to assess the eligibility of uninsured household members;
(V)
Determine the process that the exchange will use under the program to assess potential eligibility for and assist with enrollment in a health-care coverage affordability program or other creditable coverage including:
(A)
A timeline for assessing each individual's potential eligibility for a health-care coverage affordability program or other creditable coverage;
(B)
A process to notify individuals regarding the outcomes of assessments of potential eligibility, which process is designed to maximize health-care coverage enrollment levels; and
(C)
A process for handling uninsured individuals whose status as United States citizens cannot be verified through information available to the exchange; and
(VI)
Determine the feasibility of and, if feasible, recommend a process for automatic enrollment, through the program, of eligible uninsured individuals in a medical assistance program under the "Colorado Medical Assistance Act", articles
4
,
5
, and
6
of title
25.5
, or other zero-net-premium creditable coverage.
(b)
This subsection (3) is repealed, effective September 1, 2030.
(4)
The exchange, through procedures determined by the advisory committee, shall:
(a)
Assess whether uninsured individuals identified through the program are potentially eligible for a health-care coverage affordability program or other creditable coverage;
(b)
Notify the uninsured individuals regarding their potential eligibility;
(c)
Enroll or assist with enrolling the uninsured individuals in creditable coverage; and
(d)
Not take additional steps to determine eligibility for or enroll an uninsured individual identified through the program if the exchange cannot verify that the uninsured individual is a United States citizen until the individual provides affirmative consent using procedures developed by the advisory committee pursuant to subsection (3)(a)(V)(C) of this section.
(5)
As used in this section:
(a)
(I)
"Advisory committee" means the affordable health care coverage easy enrollment advisory committee.
(II)
This subsection (5)(a) is repealed, effective September 1, 2030.
(b)
"Creditable coverage" has the same meaning as set forth in section
10-16-102 (16)
.
(c)
"Program" means the Colorado affordable health care coverage easy enrollment program.
(d)
"Uninsured individual" means an individual who does not have creditable coverage.
Added by 2020 Ch. 236, § 3, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1236), ch. 1144, p. 1144, § 3, effective September 14.