Senate Bill 25-183 Introduced

A Bill for an Act

• Page 1, Line 101Concerning coverage for certain pregnancy-related

• Page 1, Line 102services.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

During the 2024 general election, Colorado voters approved Amendment 79, which:

• Repealed the state constitutional amendment prohibiting the use of public funds to pay for abortions; and
• Added a state constitutional amendment recognizing the right to an abortion and prohibiting Colorado state and local governments from denying, impeding, or discriminating against the exercise of that right, including prohibiting health insurance companies from excluding coverage for abortion.

The bill makes conforming changes to state law relating to abortion care as a result of Amendment 79.

Current law requires the executive director of the department of health care policy and financing to authorize medicaid reimbursement for family-planning-related services. The bill expands the definition of "family-planning-related services" to include abortion care. The bill requires the medical services board to include abortion care in the schedule of health-care services available for pregnant persons enrolled in the children's basic health plan.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 10-16-104, amend (26)(a) and (26)(d); and repeal (26)(f) as follows:

• Page 2, Line 310-16-104.  Mandatory coverage provisions - applicability -

• Page 2, Line 4rules - definitions. (26)  Abortion care - rules - definition. (a) Except

• Page 2, Line 5as provided in subsections (26)(d) and (26)(g) of this section and subject

• Page 2, Line 6to the provisions of subsections (26)(e) and (26)(f) subsection (26)(e)

• Page 2, Line 7of this section, all individual and group health benefit plans issued or

• Page 2, Line 8renewed in this state shall provide coverage for the total cost of abortion care.

• Page 2, Line 9(d)  An employer is not obligated to provide the coverage required

• Page 2, Line 10by this subsection (26) if providing the coverage conflicts with the employer's sincerely held religious beliefs.

• Page 2, Line 11(I)  Providing the coverage conflicts with the employer's sincerely held religious beliefs; or

• Page 2, Line 12(II)  The employer is a public entity prohibited by section 50 of

• Page 2, Line 13article V of the state constitution from using public funds to pay for

• Page 2, Line 14induced abortions.

• Page 3, Line 1(f)  With respect to individual and small group health benefit plans:

• Page 3, Line 2(I)  The division shall submit to the federal department of health and human services:

• Page 3, Line 3(A)  The division's determination as to whether the benefit

• Page 3, Line 4specified in this subsection (26) is in addition to essential health benefits

• Page 3, Line 5and would be subject to defrayal by the state pursuant to 42 U.S.C. sec. 18031 (d)(3)(B); and

• Page 3, Line 6(B)  A request that the federal department of health and human

• Page 3, Line 7services confirm the division's determination within sixty days after receipt of the division's request for confirmation of the determination.

• Page 3, Line 8(II)  This subsection (26) applies to, and the division shall

• Page 3, Line 9implement the requirements of this subsection (26) for, individual and

• Page 3, Line 10small group health benefit plans issued or renewed in this state upon the earlier of:

• Page 3, Line 11(A)  Twelve months after the federal department of health and

• Page 3, Line 12human services confirms that the coverage specified in this subsection

• Page 3, Line 13(26) does not constitute an additional benefit that requires defrayal by the state pursuant to 42 U.S.C. sec. 18031 (d)(3)(B);

• Page 3, Line 14(B)  Twelve months after the federal department of health and

• Page 3, Line 15human services otherwise informs the division that the coverage in this

• Page 3, Line 16subsection (26) does not require state defrayal pursuant to 42 U.S.C. sec. 18031 (d)(3)(B); or

• Page 3, Line 17(C)  The passage of more than three hundred sixty-five days since

• Page 3, Line 18the division submitted its determination and request for confirmation

• Page 3, Line 19pursuant to subsection (26)(f)(I) of this section, and the federal

• Page 3, Line 20department of health and human services has failed to respond to the

• Page 4, Line 1request within that period, in which case the division shall consider the

• Page 4, Line 2federal department's unreasonable delay a preclusion from requiring defrayal by the state.

• Page 4, Line 3SECTION 2.  In Colorado Revised Statutes, add 25.5-2-106 as follows:

• Page 4, Line 425.5-2-106.  State-funded abortion care.When abortion care

• Page 4, Line 5services are provided in accordance with articles 4, 5, and 6 of

• Page 4, Line 6this title 25.5, the services must be reimbursed by state funds only.

• Page 4, Line 7SECTION 3.  In Colorado Revised Statutes, 25.5-4-412, amend (1) and (2)(a)(IV) as follows:

• Page 4, Line 825.5-4-412.  Family planning services - family-planning-related

• Page 4, Line 9services - rules - definitions. (1)  When family planning services or

• Page 4, Line 10family-planning-related services are provided in accordance with this

• Page 4, Line 11article 4 and articles 5 and 6 of this title 25.5, the executive director of the

• Page 4, Line 12state department shall authorize reimbursement for the services. subject

• Page 4, Line 13to section 50 of article V of the state constitution. The state department,

• Page 4, Line 14any intermediary, or any managed care organization shall reimburse the

• Page 4, Line 15provider of those services. Family planning services and

• Page 4, Line 16family-planning-related services are not subject to policy deductibles, copayments, or coinsurance.

• Page 4, Line 17(2)  As used in this section, unless the context otherwise requires:

• Page 4, Line 18(a)  "Family-planning-related services" means services provided

• Page 4, Line 19in a family planning setting as part of or as a follow-up to a family planning visit, including:

• Page 4, Line 20(IV)  Any other medical diagnosis, treatment, or preventive service

• Page 4, Line 21that is routinely provided pursuant to a family planning visit, including abortion care.

• Page 5, Line 1SECTION 4.  In Colorado Revised Statutes, 25.5-5-329, amend (1)(b)(IV) as follows:

• Page 5, Line 225.5-5-329.  Family planning services - federal authorization

• Page 5, Line 3- rules - definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 5, Line 4(b)  "Family-planning-related services" means services provided

• Page 5, Line 5in a family planning setting as part of or as a follow-up to a family planning visit, including:

• Page 5, Line 6(IV)  Any other medical diagnosis, treatment, or preventive service

• Page 5, Line 7that is routinely provided pursuant to a family planning visit, including abortion care.

• Page 5, Line 8SECTION 5.  In Colorado Revised Statutes, 25.5-8-107, add (1)(a)(VI) as follows:

• Page 5, Line 925.5-8-107.  Duties of the department - schedule of services -

• Page 5, Line 10premiums - copayments - subsidies - purchase of childhood

• Page 5, Line 11immunizations. (1)  In addition to any other duties pursuant to this article 8, the department has the following duties:

• Page 5, Line 12(a) (VI)  In addition to the items specified in subsections

• Page 5, Line 13(1)(a)(I), (1)(a)(II), (1)(a)(III), and (1)(a)(V) of this section, and any

• Page 5, Line 14additional items approved by the medical services board, on and

• Page 5, Line 15after January 1, 2026, the medical services board shall include

• Page 5, Line 16abortion care in the schedule of health-care services for all enrolled pregnant persons.

• Page 5, Line 17SECTION 6.  In Colorado Revised Statutes, repeal 25.5-3-106, 25.5-4-415, and 25.5-5-103 (2).

• Page 5, Line 18SECTION 7.  Severability. If any provision of this act or the

• Page 6, Line 1application of this act to any person or circumstance is held invalid, the

• Page 6, Line 2invalidity does not affect other provisions or applications of the act that

• Page 6, Line 3can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

• Page 6, Line 4SECTION 8.  Effective date. This act takes effect January 1, 2026.

• Page 6, Line 5SECTION 9.  Safety clause. The general assembly finds,

• Page 6, Line 6determines, and declares that this act is necessary for the immediate

• Page 6, Line 7preservation of the public peace, health, or safety or for appropriations for

• Page 6, Line 8the support and maintenance of the departments of the state and state institutions.