First Regular Session
Sixty-second General Assembly
LLS NO. 99-0396.01 Jerry Barry SENATE BILL 99-098
STATE OF COLORADO
BY SENATOR Linkhart
HEALTH, ENVIRONMENT, WELFARE & INSTITUTIONS
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING A PILOT PROGRAM FOR PERSONS WITH A CHRONIC ILLNESS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Establishes a pilot program to provide medicaid eligibility for
persons diagnosed with HIV whose assets or income exceed current
limitations. Authorizes the department of health care policy and
financing to expand by rule the program to other types of chronic
illnesses if it can show that it is cost-effective. Requires the department
to report to the joint budget committee prior to expanding the program.
Requires the department of health care policy and financing to
apply for federal waivers for the program. Authorizes the medical
services board to adopt rules to implement the program. Allows the
department to establish a fund from donations to implement and study the
effectiveness of the program.
Directs the department of health care policy and financing to study
the program and to report to the joint budget committee by October 1,
2001. Repeals the program, effective July 1, 2002.
Makes a conforming amendment.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 5 of article 4 of title 26, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 26-4-511.5. Chronic illness program - repeal. (1) (a) THE
2 GENERAL ASSEMBLY HEREBY FINDS THAT RESEARCH HAS SHOWN THAT
3 EARLY THERAPY FOR INDIVIDUALS INFECTED WITH HIV SAVES LIVES AND
4 IS COST-EFFECTIVE. CURRENTLY, MEDICAID IS ONLY AVAILABLE TO
5 INDIVIDUALS WHO DEVELOP SYMPTOMS OF AIDS. AT LEAST ONE STUDY
6 HAS SHOWN THAT EXPANDING THE MEDICAID SYSTEM TO PROVIDE WIDER
7 ACCESS TO COMBINATION ANTIRETROVIRAL THERAPY WOULD PREVENT
8 THOUSANDS OF DEATHS FROM AIDS. BECAUSE PERSONS WITH HIV
9 RECEIVING SUCH THERAPY WOULD MAINTAIN THEIR HEALTH, THEY WOULD
10 BE LESS LIKELY TO REQUIRE GOVERNMENT ASSISTANCE.
11 (b) THERE MAY BE OTHER CHRONIC ILLNESSES FOR WHICH EARLY,
12 EXPENSIVE TREATMENT MAY RESULT IN FUTURE SAVINGS FOR THE
13 MEDICAID SYSTEM.
14 (2) FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT
15 OTHERWISE REQUIRES, "ELIGIBLE PERSON WITH A CHRONIC ILLNESS"
16 MEANS A PERSON WHO IS DIAGNOSED WITH HUMAN IMMUNODEFICIENCY
17 VIRUS OR OTHER CHRONIC ILLNESS DESIGNATED BY RULE BY THE MEDICAL
18 SERVICES BOARD; AND
19 (a) WHOSE INCOME IS LESS THAN ONE HUNDRED EIGHTY-FIVE
20 PERCENT OF THE FEDERAL POVERTY GUIDELINES; OR
21 (b) WHO IS CURRENTLY RECEIVING SOCIAL SECURITY DISABILITY
22 INCOME.
23 (3) SUBJECT TO THE RECEIPT OF WAIVERS FROM THE FEDERAL
24 GOVERNMENT, THERE IS HEREBY ESTABLISHED IN THE STATE DEPARTMENT
25 A PILOT PROGRAM, REFERRED TO IN THIS SECTION AS THE "PROGRAM". THE
26 PROGRAM SHALL ENSURE THAT AN ELIGIBLE PERSON WITH A CHRONIC
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1 ILLNESS SHALL BE ELIGIBLE FOR MEDICAID COVERAGE EVEN IF THE
2 PERSON'S INCOME OR ASSETS EXCEED THE LIMITS OTHERWISE ESTABLISHED
3 UNDER THIS ARTICLE. THE PROGRAM SHALL PROVIDE THAT IF THE
4 ELIGIBLE PERSON WITH A CHRONIC ILLNESS IS COVERED UNDER AN
5 EMPLOYER'S HEALTH INSURANCE POLICY, THE INDIVIDUAL MUST MAINTAIN
6 THAT HEALTH INSURANCE COVERAGE AND THAT THE EMPLOYER'S
7 INSURANCE COMPANY IS THE PRIMARY INSURER.
8 (4) THE MEDICAL SERVICES BOARD SHALL ADOPT RULES TO
9 IMPLEMENT THE PROGRAM CONSISTENT WITH WAIVERS RECEIVED FROM
10 THE FEDERAL GOVERNMENT THAT SHALL INCLUDE BUT NEED NOT BE
11 LIMITED TO:
12 (a) THE IDENTIFICATION OF ADDITIONAL CHRONIC ILLNESSES FOR
13 WHICH THE EARLY TREATMENT IS SHOWN TO REDUCE THE COST OF
14 SERVICES PROVIDED BY THE STATE; EXCEPT THAT, BEFORE ADDING ANY
15 ADDITIONAL CHRONIC ILLNESSES TO THE PROGRAM, THE STATE
16 DEPARTMENT SHALL SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE
17 OF THE GENERAL ASSEMBLY;
18 (b) THE MAXIMUM INCOME AND ASSET LEVELS FOR ELIGIBILITY
19 UNDER THE PROGRAM;
20 (c) LIMITATIONS ON BENEFITS TO BE PROVIDED UNDER THE
21 PROGRAM; AND
22 (d) PROCEDURES TO ENSURE THE COST-EFFECTIVENESS OF THE
23 PROGRAM.
24 (5) THE STATE DEPARTMENT IS AUTHORIZED TO SEEK AND ACCEPT
25 GIFTS, GRANTS, AND DONATIONS FROM ANY PRIVATE ENTITY TO
26 IMPLEMENT THE PROGRAM AND STUDY THE COST-EFFECTIVENESS OF THE
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1 PROGRAM. THE MONEYS COLLECTED SHALL BE TRANSMITTED TO THE
2 STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE CHRONIC
3 ILLNESS FUND, WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE
4 FUND SHALL BE AVAILABLE TO THE STATE DEPARTMENT WITHOUT THE
5 NEED FOR APPROPRIATION BY THE GENERAL ASSEMBLY IN AMOUNTS NOT
6 TO EXCEED THE FUND BALANCE FOR THE SOLE PURPOSE OF IMPLEMENTING
7 AND STUDYING THE EFFECTS OF THE PROGRAM. ANY MONEYS REMAINING
8 IN THE FUND AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE FUND
9 AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR
10 ANY OTHER FUND. ANY MONEYS REMAINING IN THE FUND AFTER THE
11 PROGRAM HAS BEEN TERMINATED SHALL REVERT TO THE GENERAL FUND.
12 (6) NO LATER THAN OCTOBER 1, 2001, THE STATE DEPARTMENT
13 SHALL SUBMIT TO THE JOINT BUDGET COMMITTEE OF THE GENERAL
14 ASSEMBLY A REPORT ON THE RESULTS OF THE PROGRAM AND MAKE A
15 RECOMMENDATION CONCERNING ITS CONTINUANCE.
16 (7) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2002.
17 SECTION 2. 26-4-303 (1), Colorado Revised Statutes, is
18 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
19 26-4-303. Optional programs with special state provisions -
20 repeal. (1) This section specifies programs developed by Colorado to
21 increase federal financial participation through selecting optional services
22 or optional eligible groups. These programs include but are not limited
23 to:
24 (n) (I) THE CHRONIC ILLNESS PROGRAM, AS SPECIFIED IN SECTION
25 26-4-511.5.
26 (II) THIS PARAGRAPH (n) IS REPEALED, EFFECTIVE JULY 1, 2002.
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1 SECTION 3. Effective date. This act shall take effect July 1,
2 1999.
3 SECTION 4. Safety clause. The general assembly hereby finds,
4 determines, and declares that this act is necessary for the|~ immediate
|~ 5 preservation of the public peace, health, and safety.