House Bill 25-1003 Introduced

A Bill for an Act

• Page 1, Line 101Concerning a medicaid waiver program for children with

• Page 1, Line 102complex health needs.

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.)

The bill merges 2 existing medicaid waiver programs for children into one children's home- and community-based services waiver program, known as the children with complex health needs waiver program. The bill relocates provisions to the new program due to the repeal of the 2 existing waiver programs.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, add 25.5-6-904 as

• Page 2, Line 3follows:

• Page 2, Line 425.5-6-904.  Children with complex health needs waiver

• Page 2, Line 5program - federal authorization - rules - legislative declaration -

• Page 2, Line 6definitions. (1)  The general assembly finds and declares that:

• Page 2, Line 7(a)  Due to changes in the state's medical assistance

• Page 2, Line 8program, it is necessary to merge the current disabled children

• Page 2, Line 9care program established pursuant to section 25.5-6-901 and the

• Page 2, Line 10pediatric hospice care program established pursuant to section

• Page 2, Line 1125.5-5-305 into a children with complex health needs waiver

• Page 2, Line 12program; and

• Page 2, Line 13(b)  Combining the programs will allow the state

• Page 2, Line 14department to streamline home- and community-based services

• Page 2, Line 15for children, expand access to services, and ensure eligible

• Page 2, Line 16children continued access to necessary services.

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

• Page 2, Line 18requires:

• Page 2, Line 19(a)  "Bereavement services" means counseling provided to

• Page 2, Line 20eligible children or their family members to guide and help

• Page 2, Line 21children and families cope with an eligible child's life-limiting

• Page 2, Line 22illness and the stress that accompanies the continuous care for

• Page 2, Line 23a child with a life-limiting illness.

• Page 2, Line 24(b)  "Palliative care" means a specific program of

• Page 2, Line 25specialized medical care, including care coordination and pain

• Page 2, Line 26and symptom management, for eligible children with a

• Page 3, Line 1life-limiting illness that is offered by a licensed health-care

• Page 3, Line 2facility or provider and that is specifically focused on the

• Page 3, Line 3provision of services at any stage throughout a life-limiting

• Page 3, Line 4illness in order to:

• Page 3, Line 5(I)  Provide eligible children with relief from the

• Page 3, Line 6symptoms, pain, and stress of a life-limiting illness, whatever the

• Page 3, Line 7diagnosis; and

• Page 3, Line 8(II)  Improve the quality of life for both the eligible child

• Page 3, Line 9and the child's family.

• Page 3, Line 10(c)  "Respite care services" means short-term services

• Page 3, Line 11provided to an eligible child in the child's home or in a facility

• Page 3, Line 12approved by the state department in order to temporarily

• Page 3, Line 13relieve the child's family or other home care providers from the

• Page 3, Line 14care and maintenance of the eligible child, including room and

• Page 3, Line 15board, personal care, and other related services.

• Page 3, Line 16(3) (a)  The state department shall seek any federal

• Page 3, Line 17authorization necessary to implement a waiver program for

• Page 3, Line 18children with complex health needs. The state board shall

• Page 3, Line 19establish, by rule, to the extent authorized or required by the

• Page 3, Line 20federal waiver, the types of services provided by the waiver

• Page 3, Line 21program, which must include respite care services, palliative

• Page 3, Line 22care, and bereavement services.

• Page 3, Line 23(b)  A child is eligible for the waiver program if the child

• Page 3, Line 24is under nineteen years of age, is eligible for the state medical

• Page 3, Line 25assistance program pursuant to this article 6 and articles 4 and

• Page 3, Line 265 of this title 25.5, and has a life-limiting illness or qualifies for

• Page 3, Line 27nursing facility or hospital level of care.

• Page 4, Line 1(4)  The children with complex health needs waiver

• Page 4, Line 2program, as authorized pursuant to this section, must meet

• Page 4, Line 3aggregate federal waiver budget neutrality requirements.

• Page 4, Line 4SECTION 2.  In Colorado Revised Statutes, 25.5-5-304, add

• Page 4, Line 5(3)(d) as follows:

• Page 4, Line 625.5-5-304.  Hospice care. (3) (d)  For the provision of

• Page 4, Line 7pediatric hospice care, the state department shall seek an

• Page 4, Line 8exemption from the following federal medicaid requirements for

• Page 4, Line 9the eligibility of and election for hospice care:

• Page 4, Line 10(I)  The mandatory do-not-resuscitate order;

• Page 4, Line 11(II)  A physician's certification that a patient is expected

• Page 4, Line 12to live less than six months; and

• Page 4, Line 13(III)  The nonallowance of curative care therapies

• Page 4, Line 14concurrent with palliative and hospice care.

• Page 4, Line 15SECTION 3.  In Colorado Revised Statutes, 24-22-117, amend

• Page 4, Line 16(2) introductory portion, (2)(a)(II) introductory portion, and (2)(a)(II)(C)

• Page 4, Line 17as follows:

• Page 4, Line 1824-22-117.  Tobacco tax cash fund - accounts - creation -

• Page 4, Line 19legislative declaration. (2)  There are hereby created in the state treasury

• Page 4, Line 20the following funds:

• Page 4, Line 21(a) (II)  Except as provided in subparagraph (III) of this paragraph

• Page 4, Line 22(a) subsection (2)(a)(III) of this section, for fiscal year 2005-06 and

• Page 4, Line 23each fiscal year thereafter, moneys money in the health care expansion

• Page 4, Line 24fund shall be annually appropriated by the general assembly to the

• Page 4, Line 25department of health care policy and financing for the following

• Page 4, Line 26purposes:

• Page 4, Line 27(C)  To expand the number of children that who can be enrolled

• Page 5, Line 1in the children's home- and community-based service waiver children

• Page 5, Line 2with complex health needs program, section 25.5-6-901, C.R.S.

• Page 5, Line 3section 25.5-6-904, and the children's extensive support waiver program;

• Page 5, Line 4SECTION 4.  In Colorado Revised Statutes, 25.5-5-203, repeal

• Page 5, Line 5(1)(i); and add (1)(p) as follows:

• Page 5, Line 625.5-5-203.  Optional programs with special state provisions -

• Page 5, Line 7repeal. (1)  Subject to the provisions of subsection (2) of this section, this

• Page 5, Line 8section specifies programs developed by Colorado to increase federal

• Page 5, Line 9financial participation through selecting optional services or optional

• Page 5, Line 10eligible groups. These programs include but are not limited to:

• Page 5, Line 11(i)  The disabled children care program, as specified in section

• Page 5, Line 1225.5-6-901;

• Page 5, Line 13(p)  The children with complex needs waiver program, as

• Page 5, Line 14specified in section 25.5-6-904.

• Page 5, Line 15SECTION 5.  In Colorado Revised Statutes, 39-22-566, amend

• Page 5, Line 16(2)(i) as follows:

• Page 5, Line 1739-22-566.  Qualified care worker tax credit - tax preference

• Page 5, Line 18performance statement - legislative declaration - definitions - repeal.

• Page 5, Line 19(2)  As used in this section, unless the context otherwise requires:

• Page 5, Line 20(i)  "Home- and community-based services" means any services

• Page 5, Line 21provided in this state pursuant to parts 3 to 13 or part 19 of article 6 of

• Page 5, Line 22title 25.5. or section 25.5-5-305.

• Page 5, Line 23SECTION 6.  In Colorado Revised Statutes, repeal 25.5-5-305

• Page 5, Line 24and 25.5-6-901.

• Page 5, Line 25SECTION 7.  Effective date. This act takes effect July 1, 2025;

• Page 5, Line 26except that section 2 of this act takes effect July 1, 2026.

• Page 5, Line 27SECTION 8.  Safety clause. The general assembly finds,

• Page 6, Line 1determines, and declares that this act is necessary for the immediate

• Page 6, Line 2preservation of the public peace, health, or safety or for appropriations for

• Page 6, Line 3the support and maintenance of the departments of the state and state

• Page 6, Line 4institutions.