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 complex
Page 2, Line 22health needs and the stress that accompanies the continuous
Page 2, Line 23care for a child with complex health needs.
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 that is
Page 3, Line 1offered by a licensed health-care facility or provider and that
Page 3, Line 2is specifically focused on the provision of services in order to:
Page 3, Line 3(I) Provide eligible children with relief from the
Page 3, Line 4symptoms, pain, and stress of complex health needs, whatever
Page 3, Line 5the diagnosis; and
Page 3, Line 6(II) Improve the quality of life for both the eligible child
Page 3, Line 7and the child's family.
Page 3, Line 8(c) "Respite care services" means short-term services
Page 3, Line 9provided to an eligible child in the child's home or in a facility
Page 3, Line 10approved by the state department in order to temporarily
Page 3, Line 11relieve the child's family or other home care providers from the
Page 3, Line 12care and maintenance of the eligible child, including room and
Page 3, Line 13board, personal care, and other related services.
Page 3, Line 14(3) (a) The state department shall seek any federal
Page 3, Line 15authorization necessary to implement a waiver program for
Page 3, Line 16children with complex health needs. The state board shall
Page 3, Line 17establish, by rule, to the extent authorized or required by the
Page 3, Line 18federal waiver, the types of services provided by the waiver
Page 3, Line 19program, which must include respite care services, palliative
Page 3, Line 20care, and bereavement services.
Page 3, Line 21(b) A child is eligible for the waiver program if the child
Page 3, Line 22is under nineteen years of age, is eligible for the state medical
Page 3, Line 23assistance program pursuant to this article 6 and articles 4 and
Page 3, Line 245 of this title 25.5, and has a life-limiting illness or qualifies for
Page 3, Line 25nursing facility or hospital level of care.
Page 3, Line 26(4) The children with complex health needs waiver
Page 3, Line 27program, as authorized pursuant to this section, must meet
Page 4, Line 1aggregate federal waiver budget neutrality requirements.
Page 4, Line 2SECTION 2. In Colorado Revised Statutes, 25.5-5-304, add
Page 4, Line 3(3)(d) as follows:
Page 4, Line 425.5-5-304. Hospice care. (3) (d) For the provision of
Page 4, Line 5pediatric hospice care, the state department shall seek an
Page 4, Line 6exemption from the following federal medicaid requirements for
Page 4, Line 7the eligibility of and election for hospice care:
Page 4, Line 8(I) The mandatory do-not-resuscitate order;
Page 4, Line 9(II) A physician's certification that a patient is expected
Page 4, Line 10to live less than six months; and
Page 4, Line 11(III) The nonallowance of curative care therapies
Page 4, Line 12concurrent with palliative and hospice care.
Page 4, Line 13SECTION 3. In Colorado Revised Statutes, 24-22-117, amend
Page 4, Line 14(2) introductory portion, (2)(a)(II) introductory portion, and (2)(a)(II)(C)
Page 4, Line 15as follows:
Page 4, Line 1624-22-117. Tobacco tax cash fund - accounts - creation -
Page 4, Line 17legislative declaration. (2) There are
herebyPage 4, Line 18the following funds:
Page 4, Line 19(a) (II) Except as provided in
subparagraph (III) of this paragraphPage 4, Line 20
(a)Page 4, Line 21each fiscal year thereafter,
moneysPage 4, Line 22fund shall be annually appropriated by the general assembly to the
Page 4, Line 23department of health care policy and financing for the following
Page 4, Line 24purposes:
Page 4, Line 25(C) To expand the number of children
thatPage 4, Line 26in the
children's home- and community-based service waiverPage 4, Line 27with complex health needs program,
section 25.5-6-901, C.R.S.Page 5, Line 1section 25.5-6-904, and the children's extensive support waiver program;
Page 5, Line 2SECTION 4. In Colorado Revised Statutes, 25.5-5-203, repeal
Page 5, Line 3(1)(i); and add (1)(p) as follows:
Page 5, Line 425.5-5-203. Optional programs with special state provisions -
Page 5, Line 5repeal. (1) Subject to the provisions of subsection (2) of this section, this
Page 5, Line 6section specifies programs developed by Colorado to increase federal
Page 5, Line 7financial participation through selecting optional services or optional
Page 5, Line 8eligible groups. These programs include but are not limited to:
Page 5, Line 9(i)
The disabled children care program, as specified in sectionPage 5, Line 10
25.5-6-901;Page 5, Line 11(p) The children with complex needs waiver program, as
Page 5, Line 12specified in section 25.5-6-904.
Page 5, Line 13SECTION 5. In Colorado Revised Statutes, 39-22-566, amend
Page 5, Line 14(2)(i) as follows:
Page 5, Line 1539-22-566. Qualified care worker tax credit - tax preference
Page 5, Line 16performance statement - legislative declaration - definitions - repeal.
Page 5, Line 17(2) As used in this section, unless the context otherwise requires:
Page 5, Line 18(i) "Home- and community-based services" means any services
Page 5, Line 19provided in this state pursuant to parts 3 to 13 or part 19 of article 6 of
Page 5, Line 20title 25.5.
or section 25.5-5-305.Page 5, Line 21SECTION 6. In Colorado Revised Statutes, repeal 25.5-5-305
Page 5, Line 22and 25.5-6-901.
Page 5, Line 23SECTION 7. Effective date. This act takes effect July 1, 2025;
Page 5, Line 24except that section 6 of this act takes effect July 1, 2026.
Page 5, Line 25SECTION 8. Safety clause. The general assembly finds,
Page 5, Line 26determines, and declares that this act is necessary for the immediate
Page 5, Line 27preservation of the public peace, health, or safety or for appropriations for
Page 6, Line 1the support and maintenance of the departments of the state and state
Page 6, Line 2institutions.