First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0138.01 Michele Hanigsberg HOUSE BILL 05-1025 HOUSE SPONSORSHIP Stafford, Marshall, and Green SENATE SPONSORSHIP Hagedorn, Anderson, Shaffer, and Dyer House Committees Senate Committees Health and Human Services A BILL FOR AN ACT Concerning eligibility under the "Colorado Medical Assistance Act". Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Allows a pregnant woman to be presumptively eligible for specified services under the state's medicaid program. Authorizes the department of health care policy and financing to designate additional medical assistance sites, as necessary, to accept medical assistance applications, to determine medical assistance eligibility, and to determine presumptive eligibility. Makes conforming changes. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 3 of article 4 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 26-4-304. Presumptive eligibility - pregnant women - state plan. (1) A pregnant woman shall be presumptively eligible for the medical assistance program and shall receive services specified by federal law if: (a) The woman is pregnant; and (b) The woman meets the financial criteria established in rule by the state board. (2) The state department shall make any necessary changes to the state plan to comply with this section. SECTION 2. 26-4-106 (1) (a) and (6), Colorado Revised Statutes, are amended to read: 26-4-106. Application - verification of eligibility - repeal. (1) (a) Determination of eligibility for medical benefits shall be made by the county department in which the applicant resides, except as otherwise specified in this section. Local social security offices also determine eligibility for medicaid benefits at the same time they determine eligibility for supplemental security income. The state department may accept medical assistance applications and determine medical assistance eligibility and may designate the private service contractor that administers the children's basic health plan, Denver health and hospitals, and a hospital that is designated as a regional pediatric trauma center, as defined in section 25-3.5-703 (4) (f), C.R.S., and other medical assistance sites determined necessary by the state department to accept medical assistance applications, and to determine medical assistance eligibility, and to determine presumptive eligibility. Any person who is determined to be eligible pursuant to the requirements of this article shall be eligible for benefits until such person is determined to be ineligible. Upon determination that any person is ineligible for medical benefits, the county department, the state department, or other entity designated by the state department shall notify the applicant in writing of its decision and the reason therefor. Separate determination of eligibility and formal application for benefits under this article for persons eligible as provided in sections 26-4-201 and 26-4-301 shall be made in accordance with the rules of the state department. (6) On or before December 1, 2005, the state department shall report to the health, environment, welfare, and institutions committees of the house of representatives and the senate the progress of the private service contractor that administers the children's basic health plan, and Denver health and hospitals, and any other medical assistance site in accepting medical assistance applications, and determining medical assistance eligibility, and determining presumptive eligibility pursuant to subsection (1) of this section. The state department shall include in the report recommendations regarding the advisability of additional medical assistance sites. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.