2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 5 - COLORADO MEDICAL ASSISTANCE ACT - SERVICES AND PROGRAMS (§§ 25.5-5-101 — 25.5-5-804) › Part 2 - OPTIONAL PROVISIONS (§§ 25.5-5-201 — 25.5-5-208) › Section 25.5-5-207 - [Effective 8/7/2024] Adult dental benefit - adult dental fund - creation - legislative declaration

(1)
(a)
The general assembly finds that:
(I)
As of 2011, Colorado was one of only ten states that did not offer basic oral health services to adults under medicaid;
(II)
Research has shown that untreated oral health conditions negatively affect a person's overall health and that gum disease has been linked to diabetes, heart disease, strokes, kidney disease, dementia diseases and related disabilities, and even behavioral or mental health disorders;
(III)
Regular dental care and prevention are the most cost-effective methods available to prevent minor oral conditions from developing into more complex oral and physical health conditions that would eventually require emergency and palliative care;
(IV)
Further, one in four adults has untreated tooth decay. Early detection and access to preventive and restorative treatments for oral health conditions can be up to ten times less expensive than treating those same conditions in an emergency setting.
(V)
Research has also shown that good oral health improves medicaid beneficiaries' ability to obtain and keep employment. Employed adults lose more than one hundred and sixty-four million hours of work each year due to dental problems.
(VI)
Children are more likely to receive regular dental services if their parents have access to dental services; and
(VII)
Pregnant women are one of the most vulnerable adult populations that are without oral health benefits under medicaid. During pregnancy, the physical changes a woman's body undergoes can negatively affect oral health. Untreated decay and periodontal disease are associated with adverse pregnancy outcomes such as increased risk for preeclampsia, pre-term labor, and low birth weight babies.
(b)
Therefore, the general assembly declares that in order to improve overall health, promote savings in medicaid programs, and prevent future health conditions caused by oral health problems, it is in the best interest of the state of Colorado to create a limited oral health benefit for adults in the medicaid program.
(2)
(a)
Pursuant to section
25.5-5-202 (1)(w)
, by April 1, 2014, the state department shall design and implement a limited dental benefit for adults using a collaborative stakeholder process to consider the components of the benefit, including but not limited to the cost, best practices, the effect on health outcomes, Member experience, service delivery models, and maximum efficiencies in the administration of the benefit.
(b)
The state department shall determine the most cost-effective method for providing the adult dental benefit, including but not limited to a comparison of a capitated or fee-for-service method of payment and the purchase of dental insurance.
(c)
The state department shall seek any federal authorization necessary to provide the adult dental benefit.
(d)
Subject to federal authorization and federal financial participation, on or after July 1, 2016, the diagnosis, development of a treatment plan, instruction to perform an interim therapeutic restoration procedure, or supervision of a dental hygienist performing an interim therapeutic restoration procedure may be provided through telehealth, including store-and-forward transfer, in accordance with section
25.5-5-321.5
.
(2.5)
Repealed.
(3)
If the state department chooses to use an administrative service organization to manage the adult dental benefit:
(a)
The contract with the administrative service organization must provide that the contracting entity is prohibited from requiring dental providers to participate in any other public or private program or to accept any other insurance products as a condition of participating as a dental provider; and
(b)
The state department shall retain policy-making authority, including but not limited to policies concerning covered benefits and rate setting.
(4)
(a)
There is hereby created in the state treasury the adult dental fund, referred to in this section as the "fund", consisting of money transferred to the fund from the unclaimed property trust fund pursuant to section
38-13-801 (3)
and any money that may be appropriated to the fund by the general assembly. The money in the fund is subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with implementing the adult dental benefit pursuant to section
25.5-5-202 (1)(w)
.
(b)
The state treasurer may invest any unexpended moneys in the fund as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund.
(c)
Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.
Amended by 2024 Ch. 152,§ 46, eff. 8/7/2024.
Amended by 2021 Ch. 86, § 1, eff. 5/4/2021.
Amended by 2020 Ch. 161, § 1, eff. 6/29/2020.
Amended by 2019 Ch. 110, § 11, eff. 7/1/2020.
Amended by 2018 Ch. 74, § 3, eff. 8/8/2018.
Amended by 2017 Ch. 263, § 200, eff. 5/25/2017.
Amended by 2015 Ch. 326, § 7, eff. 8/5/2015.
Added by 2013 Ch. 189, § 2, eff. 8/7/2013.
L. 2013: Entire section added, (SB 13-242), ch. 761, p. 761, § 2, effective August 7. L. 2015: (2)(d) added, (HB 15-1309), ch. 1334, p. 1334, § 7, effective August 5. L. 2017: IP(1)(a) and (1)(a)(II) amended, (SB 17-242), ch. 1327, p. 1327, § 200, effective May 25. L. 2018: (1)(a)(II) amended, (HB 18-1091), ch. 642, p. 642, § 3, effective August 8. L. 2019: (4)(a) amended, (SB 19-088), ch. 110, p. 467, § 11, effective 7/1/2020. L. 2020: (2.5) added, (HB 20-1361), ch. 756, p. 756, § 1, effective June 29. L. 2021: (2.5) repealed, (SB 21 -211), ch. 358, p. 358, § 1, effective May 4.
2024 Ch. 152, 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.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.