July 2007 Rule Notice

Page 2

COLORADO DEPARTMENT OF HEALTH CARE POLICY & FINANCING

1570 Grant Street, Denver, CO 80203-1818 (303) 866-2993 (303) 866-4411 Fax (303) 866-3883 TTY

John Hickenlooper, Governor Susan E. Birch, MBA, BSN, RN, Executive Director

June 28, 2013

The Honorable Scott Gessler

Secretary of State

1560 Broadway, 2nd Floor

Denver, Colorado 80203

Dear Mr. Gessler:

Attached is the Notice of Proposed Rules concerning Medical Assistance rules to be considered for final adoption at the August 2013 meeting of the Medical Services Board of the Department of Health Care Policy and Financing. The meeting will be held on Friday, August 9, 2013, beginning at 9:00 A.M., in the sixth floor conference room at the Capitol Center, 225 East 16th Avenue, Denver, CO 80203.

This notice is submitted to you for publication, pursuant to § 24-4-103(3)(a) and (11)(a), C.R.S.

Sincerely,

Judi Carey,

Coordinator

Medical Services Board

attachments

“The mission of the Department of Health Care Policy & Financing is to purchase cost-effective health care for qualified, low-income Coloradans.”

http://www.chcpf.state.co.us


August 9, 2013 Rule Notice

Page 3

NOTICE OF PROPOSED RULES

The Medical Services Board of the Colorado Department of Health Care Policy and Financing will hold a public meeting on Friday, August 9, 2013, beginning at 9:00 a.m., in the sixth floor conference room at the Capitol Center, 225 East 16th Avenue, Denver, CO 80203. Reasonable accommodations will be provided upon request prior to the meeting, by contacting the Medical Services Board Coordinator at 303-866-4416.

A copy of the full text of these proposed rule changes is available for review from the Medical Services Board Office, 1570 Grant Street, Denver, Colorado 80203, tel. (303) 866-4416, fax (303) 866-4411. Written comments may be submitted to the Medical Services Board Office on or before close of business the Wednesday prior to the meeting. Additionally, the full text of all proposed changes will be available approximately one week prior to the meeting on the internet at http://www.chcpf.state.co.us/msb/agenda.

MSB 13-04-10-A. Revision to the Medical Assistance Eligibility Rule Concerning Rule Changes Pursuant to the Patient Protection and Affordable Care Act, Section 8.100.1 through 8.100.6. The proposed rule amends10 CCR 2505-10, Sections 8.100.1, 8.100.2, 8.100.3, 8.100.4, 8.100.5 and 8.100.6 to include implementation of consolidated medical assistance categories and new methodologies to determine financial and non financial eligibility under the Patient Protection and Affordable Care Act (ACA), Public Law 111-148. The ACA, passed by Congress and signed into law by President Obama on March 23, 2010, proposes a significant expansion of Medicaid programs, effective as of January 1, 2014. These changes include the establishment and categorical expansion of Medicaid through the new Modified Adjusted Gross Income (MAGI) assistance categories as well as an increase to the Federal Poverty Level standard used to establish financial eligibility. The rule also adds language which introduces the new MAGI methodologies for determining financial eligibility and household composition.

Adoption of this rule is necessary in order for the state to comply with federal law. This expansion will most significantly affect Parents and Caretaker Relatives and Adults without Dependent Children, as caseloads for these coverage groups would likely increase with the financial eligibility expansion up to at least 133% of Federal Poverty Level. The rule will also have ramifications for families and children currently receiving Medicaid and also for individuals awaiting a disability determination who require medical assistance and otherwise meet the eligibility criteria.

Federal authority for this rule is located in the Patient Protection and Affordable Care Act Public Law 111-148, Sections 2001, 2002 and 2201 as well as in 1902(a)(10)(E)(iii) of the Act, 42 CFR 435.914. Statutory language for the Colorado Revised Statutes is pending.

MSB 13-05-22-A. Revision to the Medical Assistance Rule Concerning ICFs/IID Provider Fee.

Senate Bill 13-167, which modifies C.R.S. 25.5-6-204, directs the Department to collect a provider fee from all class II and class IV nursing facilities in Colorado. The proposed rule establishes the calculation and collection methodologies for the class II and class IV nursing facility provider fee in 10 C.C.R. 2505-10 8.443. The rule change also delineates the class I nursing facility fee from the class II and class IV nursing facility fee.

MSB 13-03-18-A. Revision to the Medical Services Rule concerning Nursing Facility Provider Fees, non-Medicare Patient Days review, §8.443.17.A.4.f.. This rule change will eliminate the non-Medicare Patient Days review for all facilities except new facilities with partial or no data that must have their non-Medicare Days estimated. The State authority for this rule is found at 25.5-1-301 through 25.5-1-303 and 25.5-6-203, C.R.S. (2012).

The public review for these proposed changes will be June 24, 2013 and will go to the Medical Services Board for Initial Adoption on July 12, 2013. The proposed effective date for this rule is September 30, 2013.

MSB 13-02-27-A. Durable Medical Equipment and Disposable Medical Supplies. Effective upon final approval by the Medical Services Board, the Alternative and Augmentative Communication Device (AACD) Benefit Coverage Standard will be incorporated by reference to the Medical Assistance Rule concerning Durable Medical Equipment and Disposable Medical Supplies, 10 C.C.R. 2505-10, Section 8.590.2.S. Further, the benefit coverage standard includes the addition of tablet computers as an AACD, which was approved by the Joint Budget Committee as an annual budget reduction item. The Department received legislative authority for implementation in House Bill 12-1184. (2012).

“The mission of the Department of Health Care Policy & Financing is to purchase cost-effective health care for qualified, low-income Coloradans.”

http://www.chcpf.state.co.us