First Regular Session

Sixty-first General Assembly

LLS NO. 97­0373.01 JBB SENATE BILL 97­

STATE OF COLORADO

BY SENATOR Linkhart

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING ELIGIBILITY OF CHILDREN FOR PROGRAMS UNDER THE "COLORADO MEDICAL ASSISTANCE ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Deletes the limitation on assets that a child may own and still be eligible for medicaid benefits.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  26­4­508 (3) (a) (I) and (3) (a) (II) (A), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended to read:

26­4­508.  Baby and kid care program ­ creation ­ eligibility. (3) (a)  On and after April 1, 1990, children under the age of six years and pregnant women shall be eligible for benefits under the baby and kid care program; except that, for the purpose of eligibility under this subsection (3) only:

(I)  Such individual's family income shall exceed the eligibility threshold used in determining eligibility for aid to families with dependent children assistance pursuant to section 26­2­118 AS THE ELIGIBILITY THRESHOLD EXISTED ON JULY 16, 1996, but shall not exceed the equivalent of the percentage level of the federal poverty line that is specified pursuant to paragraph (b) of this subsection (3);

(II) (A)  Except as otherwise provided in sub­subparagraph (B) of this subparagraph (II), children under six years of age shall meet the income and resource standard AS IT EXISTED ON JULY 16, 1996, used to determine eligibility for aid to families with dependent children assistance except as provided in this subsection (3).

SECTION 2.  26­4­201 (1) (f), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended, and the said 26­4­201 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

26­4­201.  Mandatory provisions ­ eligible groups. (1)  In order to participate in the medicaid program, the federal government requires the state to provide medical assistance to certain eligible groups. Pursuant to federal law, any person who is eligible for medical assistance under the mandated groups specified in this section shall receive both the mandatory services that are specified in sections 26­4­202 and 26­4­203 and the optional services that are specified in sections 26­4­302 and 26­4­303. Subject to the availability of federal financial aid funds, the following are the individuals or groups which are mandated under federal law to receive benefits under this article:

(f)  Qualified pregnant women and children under the age of seven, who meet the income and resource requirements of the state's approved aid to families with dependent children plan AS THE REQUIREMENTS EXISTED ON JULY 16, 1996;

(f.5)  CHILDREN UNDER THE AGE OF SEVEN YEARS WHO MEET THE INCOME REQUIREMENTS OF THE STATE'S APPROVED AID TO FAMILIES WITH DEPENDENT CHILDREN PLAN AS THE REQUIREMENTS EXISTED ON JULY 16, 1996;

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.