Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0362.01 Michele Hanigsberg HOUSE BILL 06-1029 HOUSE SPONSORSHIP Lundberg, SENATE SPONSORSHIP (None), House Committees Senate Committees Health and Human Services A BILL FOR AN ACT Concerning reforms to the state's medical assistance program. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Creates an alternative medical assistance program for the elderly ("program"), which allows an eligible person to accept 50% of the medical assistance benefits the person would have received if the person had been enrolled in the state's traditional medicaid program in return for the state waiving all estate recovery requirements and disregarding all of the person's assets. Allows an eligible person to purchase any health or dental care service from any person in the state and allows the person providing the service to determine the cost of reimbursement. Specifies other program criteria and requires the state department of health care policy and financing to seek federal authorization for the program. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 4 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 15 ALTERNATIVE MEDICAL ASSISTANCE PROGRAM FOR THE ELDERLY 26-4-1501. Definitions. As used in this part 15, unless the context otherwise requires: (1) "Eligible person" means a person who: (a) Is eligible for the medical assistance program; and (b) Is fifty-five years of age or older. (2) "Program" means the alternative medical assistance program for the elderly. (3) "Service" means a mandatory service specified in section 26-4-202, an optional service specified in section 26-4-302, a home- and community-based service specified in section 26-4-607, or any other medical or dental care service. 26-4-1502. Alternative medical assistance program - federal authorization - asset test - cost recovery - benefits - rules. (1) The state department shall seek the federal authorization necessary to implement a program for an eligible person that includes the following provisions: (a) Waives the state's right to all estate recovery for medical assistance paid to or on behalf of an eligible person while the person was participating in the program established under this part 15, so long as the person was eligible for the full period of time that benefits were paid; (b) Provides an eligible person with fifty percent of the medical assistance benefit the eligible person would have received if the eligible person had been enrolled in the state's medical assistance program; (c) Allows an eligible person to participate voluntarily in the program and to opt out of the program; (d) Allows an eligible person's medical assistance benefit to be redetermined if the health condition of the eligible person substantially changes; (e) Allows an eligible person to purchase a service from any person in the state; and (f) Allows any person in the state to provide a service to an eligible person and allows the provider to determine the reimbursement for the service. (2) The state board shall adopt all rules necessary for the implementation of the program upon the state department's receipt of the necessary federal authorization. 26-4-1503. Conditional repeal of part. (1) This part 15 is repealed, effective July 1, 2010, if: (a) The federal government denies the state's request for authorization to implement the program; and (b) The executive director of the state department files written notice with the revisor of statutes stating that the federal government denied the state's request. SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 9, 2006, if adjournment sine die is on May 10, 2006); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.