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

(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.
Amended by 2023 Ch. 303,§ 44, eff. 8/7/2023.
Added by 2022 Ch. 399, § 10, eff. 6/7/2022.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).