Second Regular Session
Sixty-first General Assembly
LLS NO. 980600.01 DFH
SENATE BILL 98134
STATE OF COLORADO
BY SENATOR Hopper;
also REPRESENTATIVE Morrison.
HEWI
A BILL FOR AN ACT
CONCERNING ENACTMENT OF STATE OPTIONS FOR ENHANCED
MEDICAID COVERAGE FOR LOWINCOME CHILDREN UNDER THE FEDERAL
CHILDREN'S HEALTH PLAN LEGISLATION.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Expands medicaid coverage for lowincome children to obtain enhanced matching funds available under the federal children's health insurance legislation.
Changes the resource standard for determining medicaid eligibility for children, and makes the standard the same as the standard used for determining eligibility under the Colorado works program.
Accelerates the time frame for bringing certain children
(known as the "Ribicoff kids"), into the medicaid program
so that effective July 1, 1998, all children between the ages
of 6 and 19 who are otherwise eligible for medicaid can qualify
for medicaid.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 264508 (3), Colorado Revised Statutes, is 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 rules in effect 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 used to determine
eligibility for aid to families with dependent children assistance,
AND THE RESOURCE ELIGIBILITY STANDARDS APPLICABLE TO THE COLORADO
WORKS PROGRAM UNDER SECTION 262706, except as provided
in this subsection (3).
(B) Pregnant women shall meet the income standard used to determine eligibility for aid to families with dependent children assistance except as provided in this subsection (3). No resource standard shall be applied to pregnant women as a condition of eligibility. Once initial eligibility has been established for a pregnant woman under this subsection (3), she shall be considered to be continuously eligible throughout the pregnancy and for the sixty days following the pregnancy, even if the woman's eligibility would otherwise terminate during such period due to an increase in income. A child born to a woman eligible for assistance pursuant to this subsection (3) shall be eligible for medical assistance until the child attains one year of age so long as the infant remains in the eligible woman's household and the woman would be eligible for assistance if she were pregnant.
(b) The percentage level of the federal
poverty line, as defined pursuant to 42 U.S.C. sec. 9902 (2),
used to determine eligibility under this subsection (3) shall
be one hundred thirtythree percent. If the federal government
establishes a new federal minimum percentage level of the federal
poverty line used to determine eligibility under this subsection
(3) that is different from the level set in this paragraph (b),
the state department is authorized to meet such federal minimum
level without requiring additional legislation; however, such
minimum federal level shall be established by rule and
regulation by the medical services
board.
(c) (I) On and after July
1, 1991, JULY 1, 1998, children born
after September 30, 1983, who have
attained age six but have not attained age nineteen shall be eligible
for benefits under the baby and kid care program; except that,
for the purpose of eligibility under this paragraph (c) only,
such individual's family income shall exceed the eligibility threshold
used in determining eligibility for aid to families with dependent
children assistance pursuant to rules in effect on July 16, 1996,
but shall not exceed the equivalent of the percentage level of
the federal poverty line that is specified pursuant to subparagraph
(II) of this paragraph (c).
(II) The percentage level of the federal
poverty line, as defined pursuant to 42 U.S.C. sec. 9902 (2),
used to determine eligibility under this paragraph (c) shall be
one hundred percent. If the federal government establishes a
new federal minimum percentage level of the federal poverty line
used to determine eligibility under this paragraph (c) that is
different from the level set in this subparagraph (II), the state
department is authorized to meet such federal minimum level without
requiring additional legislation; however, such minimum federal
level shall be established by rule and
regulation by the medical services
board.
(d) IN ORDER TO QUALIFY FOR THE BABY AND KID CARE PROGRAM, CHILDREN WHO HAVE ATTAINED THE AGE OF ONE BUT HAVE NOT ATTAINED AGE NINETEEN SHALL MEET THE RESOURCE ELIGIBILITY STANDARDS THAT ARE APPLICABLE TO THE COLORADO WORKS PROGRAM UNDER SECTION 262706.
(e) THE AMENDMENTS TO THIS SECTION MADE BY SENATE BILL 98____ SHALL NOT BE EFFECTIVE UNLESS THE STATE IS ELIGIBLE TO RECEIVE AN ENHANCED FEDERAL MEDICAL ASSISTANCE PERCENTAGE, AS DESCRIBED IN SUBTITLE J, CHAPTER 2, OF P.L. 10533, FOR THE ADDITIONAL EXPENDITURES RESULTING FROM THOSE AMENDMENTS.
SECTION 2. 264201 (1) (f), Colorado Revised Statutes, is amended 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 and except as provided in subsection (2) of this section, 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 that 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 resource
requirements of the state's aid to families with dependent children
program pursuant to rules that were in effect on July 16, 1996
AND THE RESOURCE STANDARDS USED TO DETERMINE ELIGIBILITY FOR THE
COLORADO WORKS PROGRAM AS SPECIFIED IN SECTION 262706
(2);
SECTION 3. Effective date. This act shall take effect July 1, 1998; except that this act shall only take effect if the state is eligible to receive an enhanced federal medical assistance percentage, as described in subtitle J, chapter 2, of P.L. 10533, for the additional expenditures resulting from those amendments.
SECTION 4. 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.