summary
Introduced
01/14/2026
01/14/2026
In Committee
02/17/2026
02/17/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
2026 Regular Session
Bill Summary
The bill requires an individual being discharged from a nursing facility to be presumptively eligible for long-term services and supports under medicaid. The bill requires the department of health care policy and financing (state department) to determine presumptive eligibility and requires county departments of human or social services (county departments) to set up the long-term services and supports for an individual being discharged from a nursing facility prior to the individual's discharge date. The state department is required to submit an annual report to the state auditor and post the report on the state department's website detailing information about the individuals discharged from a nursing facility and the associated presumptive eligibility determinations. The bill establishes remedial measures against a county department if the county department fails to set up long-term services and supports for the individual. The bill establishes remedial measures against a nursing facility that fails to discharge an individual on the discharge date due to a failure within the nursing facility's control or fails to cooperate in good faith with the state department to ensure long-term care services and supports are in place for the individual.
AI Summary
This bill establishes a process to ensure individuals being discharged from nursing facilities are quickly connected with long-term services and supports (LTSS) through Medicaid, a government health insurance program for low-income individuals. Under this bill, individuals leaving a nursing facility will be considered "presumptively eligible" for LTSS, meaning they are assumed to qualify based on certain criteria, even before a full eligibility determination is made. The state department of health care policy and financing will assess individuals for functional eligibility within one business day of being notified that they are ready to leave a nursing facility, and if they meet the criteria and attest to meeting income, asset, and immigration requirements, they will be deemed presumptively eligible. County departments of human or social services will then be required to arrange for these LTSS to be in place *before* the individual's discharge date, without conducting a full financial eligibility check at that stage. The bill also mandates that nursing facilities notify the state department when a resident is eligible to transition out, and requires the state department to report annually on the number of individuals deemed presumptively eligible, how long these determinations take, and any instances where LTSS were not in place at discharge. Furthermore, the bill outlines penalties for county departments that repeatedly fail to arrange LTSS in a timely manner and for nursing facilities that cause discharge delays due to their own failures or lack of cooperation, potentially by withholding payment for services during the delay. The bill's implementation is contingent on obtaining federal authorization for this presumptive eligibility process.
Committee Categories
Budget and Finance, Health and Social Services
Sponsors (3)
Last Action
House Committee on Health & Human Services Refer Amended to Appropriations (on 02/17/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://leg.colorado.gov/bills/HB26-1018 |
| Fiscal Note FN2 | https://leg.colorado.gov/bill_files/112573/download |
| House Health & Human Services Amendment L.001 | https://leg.colorado.gov/bill_amendments/17855/download |
| House Health & Human Services Amendment L.003 | https://leg.colorado.gov/bill_amendments/17853/download |
| House Health & Human Services Amendment L.002 | https://leg.colorado.gov/bill_amendments/17854/download |
| Fiscal Note FN1 | https://leg.colorado.gov/bill_files/111519/download |
| BillText | https://s3.us-west-2.amazonaws.com/beta.leg.colorado.gov/514d21b6268a2d143ab6427319592e01 |
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