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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0111.01 Renee Leone x2695 HOUSE BILL 26-1019 HOUSE SPONSORSHIP Lieder and Bacon, Carter, Clifford, Duran, English, Garcia, Goldstein, Hamrick, Joseph, Lindsay, Nguyen, Rutinel, Sirota, Titone, Valdez SENATE SPONSORSHIP Roberts and Rich, Amabile, Ball, Benavidez, Bright, Catlin, Coleman, Cutter, Exum, Gonzales J., Hinrichsen, Jodeh, Kirkmeyer, Kolker, Liston, Marchman, Simpson, Snyder, Wallace d d e m 2 T n 2 A U 8 E i i House Committees Senate Committees S a p Health & Human Services Health & Human Services e A d A BILL FOR AN ACT i a 6 C ONCERNINGMANDATORYHEALTH -CARECOVERAGEFORPREVENTIVE e 0 T d 2 N 2 7 KIDNEY FUNCTION SCREENING SERVICES .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
E d i S d p e A Bill Summary m A (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill d d passes third reading in the house of introduction, a bill summary that e 2 applies to the reengrossed version of this bill will be available at E a 2 S U 6 http://leg.colorado.gov.) O n h H a r e a The bill adds kidney function screening services as preventive r M health-care services for which insurance policies or contracts in the state 3 mustprovidetotal-costcoverage.Coverageforkidneyfunctionscreening serviceswillbeimplementedforalllargeemployerhealthbenefitpolicies g or contracts issued or renewed in this state after January 1, 2027, and all i 62 individual and small group health benefit plans issued or renewed in this a 2 S R 3 U d 1 H 2 c Shading denotes HOUSE amendment.
HOUSE BILL 26-1019 BY REPRESENTATIVE(S) Lieder and Bacon, Carter, Clifford, Duran, English, Garcia, Goldstein, Hamrick, Joseph, Lindsay, Nguyen, Rutinel, Sirota, Titone, Valdez, Camacho, Gonzalez R., Phillips, McCluskie;
Double underlining denotes SENATE amendment.
also SENATOR(S) Roberts and Rich, Amabile, Ball, Benavidez, Bright, Catlin, Cutter, Exum, Gonzales J., Hinrichsen, Jodeh, Kirkmeyer, Kolker, Liston, Marchman, Simpson, Snyder, Wallace, Coleman.
e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
C ONCERNING MANDATORY HEALTH CARE COVERAGE FOR PREVENTIVE KIDNEY FUNCTION SCREENING SERVICES .
e A state on or after January 1, 2028, as long as the state is not required to defraythecostof thecoverageof thekidneyfunctionscreening services.
SECTION1.
SECTION 1.
Legislativedeclaration.(1) Thegeneralassembly finds and declares that:
Legislative declaration.
(1) The general assembly finds and declares that:
In 2021, over 8,000 Colorado residents were being treated for end-stage renal disease, with 4,994 of those residents depending on dialysis to stay alive.
In 2021, over 8,000 Colorado residents were being treated for end-stage renal disease, with4,994ofthoseresidentsdependingondialysistostayalive.Theannual insurance costs for chronic kidney disease in Colorado have reached $457 million, with patients paying nearly $58 million out-of-pocket.
The annual insurance costs for chronic kidney disease in Colorado have reached $457 million with patients paying nearly $58 million out-of-pocket.Accordingtothecentersfordiseasecontrolandprevention in the federal department of health and human services, one out of every 7 adult Americans has chronic kidney disease, and up to 90% of those individualsdonotknowthattheyhaveit.Thenumberofindividualswho have chronic kidney disease is disproportionately higher in minority communities.
According to the centers for disease control and prevention in the federal department Capital letters or bold & italic numbers indicate new material added to existing law;
(b) Early screening for chronic kidney disease is essential but currentlyunderutilizedinColorado.Amongthe800,206Coloradanswho have hypertension, diabetes, or both hypertension and diabetes, an estimated 144,217 individuals likely have advanced, stages four or five, chronic kidney disease but many remain undiagnosed due to inadequate screening.Screeningiscriticalbecauseitallowsforearlierdiagnosisand cheaperinterventions,whichpreventthesignificantriseincostandstrain on the health-care system that occurs when chronic kidney disease is diagnosed late and, as a result, is often more advanced.
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
(c) Early detection through screening is cost-effective and -2- 1019 prevents disease progression.
of health and human services, one out of every 7 adult Americans has chronickidneydisease,andupto90%ofthoseindividualsdonotknowthat they have it.
The number of individuals who have chronic kidney disease is disproportionately higher in minority communities.
(b) Early screening for chronic kidney disease is essential but currently underutilized in Colorado.
Among the 800,206 Coloradans who havehypertension,diabetes,orbothhypertensionanddiabetes,anestimated 144,217individualslikelyhaveadvanced,stagefourorfive,chronickidney disease, but many remain undiagnosed due to inadequate screening.
Screening is critical because it allows for earlier diagnosis and cheaper interventions, which prevent the significant rise in cost and strain on the health-care system that occurs when chronic kidney disease is diagnosed late and, as a result, is often more advanced.
(c) Earlydetection through screening is cost-effective and prevents disease progression.
(d) Withoutearlydetection,thefinancialburdenofchronickidney disease escalates dramatically as the condition progresses.
(d) Without early detection, the financial burden of chronic kidney disease escalates dramatically as the condition progresses.
Patient out-of-pocket expenses rise from an average of $280 annually for stage one chronic kidney disease to $10,183 for end-stage renal disease.
Patient out-of-pocketexpensesrisefromanaverageof$280annuallyforstageone chronic kidney disease to $10,183 for end-stage renal disease.
(e) The kidney disease prevention and education task force, established pursuant to House Bill 21-1171, enacted in 2021, conducted a comprehensive study and identified early detection through accessible screening as critical to reducing both health complications and the financialstrainofkidneydiseaseonColoradoresidentsandtheColorado health-care system.
(e) The kidney disease prevention and education task force, established pursuant to House Bill 21-1171, enacted in 2021, conducted a comprehensive study and identified early detection through accessible screeningascriticaltoreducingbothhealthcomplicationsandthefinancial strainofkidneydiseaseonColoradoresidentsandtheColoradohealth-care system.
(2) The general assemblyfurther declares that the purpose of this act is to:
(2) Thegeneralassemblyfurtherdeclaresthatthepurposeofthisact is to:
(a) Implement the recommendations of the kidney disease prevention and education task force by requiring health insurance coverage for annual preventive kidney function screening services without cost-sharing requirements;
(a) Implement the recommendations of the kidney disease preventionandeducationtaskforcebyrequiringhealthinsurancecoverage for annual preventive kidney function screening services without cost-sharing requirements;
(b) Remove financial barriers that currently prevent early diagnosis of chronic kidney disease, particularly among high-risk populations with hypertension or diabetes;
PAGE 2-HOUSE BILL 26-1019 (b) Removefinancial barriers that currentlypreventearlydiagnosis of chronic kidney disease, particularly among high-risk populations with hypertension or diabetes;
-3- 1019 (d) Reduce the overall financial burden of kidney disease on Colorado patients, insurance plans, and state health-care programs through cost-effective preventive care;
(d) Reduce the overall financial burden of kidney disease on Coloradopatients,insuranceplans,andstate health-careprogramsthrough cost-effective preventive care;
and (e) ImprovehealthoutcomesforColoradoresidentsbyfacilitating earlier detection and treatment of chronic kidney disease.
and (e) Improve health outcomes for Colorado residents by facilitating earlier detection and treatment of chronic kidney disease.
Mandatory coverage provisions - applicability - rules - legislative declaration - definitions.
Mandatorycoverageprovisions-applicability-rules - legislative declaration - definitions.
(a) (I) The following policies and contracts that are issued or renewed in this state must provide coverage for the total cost of the preventivehealth-careservicesspecifiedinsubsections(18)(b),(18)(b.3), and (18)(b.7)AND (18)(b.8) of this section:
(a) (I) The following policies and contracts that are issued or renewed in this state must provide coverage for the total cost of the preventive health-care services specified in subsections (18)(b), (18)(b.3), and (18)(b.7),AND (18)(b.8) of this section:
(b.8)(I) HECOVERAGEREQUIREDBYTHISSUBSECTION (18)MUST INCLUDE ANNUAL KIDNEY FUNCTION SCREENING SERVICES DESIGNED TO IDENTIFY PATIENTS AT RISK FOR CHRONIC KIDNEY DISEAS,INCLUDING GLOMERULARFILTRATIONRATE ,OR "GFR",TESTINGANDURINETESTING FOR SCREENING ALBUMIN AND CREATININE LEVELS.
(b.8) (I) TE COVERAGE REQUIRED BY THIS SUBSECTION (18) MUST INCLUDE ANNUAL KIDNEY FUNCTION SCREENING SERVICES DESIGNED TO IDENTIFY PATIENTS AT RISK FOR CHRONIC KIDNEY DISEASE , INCLUDING GLOMERULAR FILTRATION RATE , OR "GFR", TESTING AND URINE TESTING FOR SCREENING ALBUMIN AND CREATININE LEVELS .
(II) A LL LARGE EMPLOYER HEALTH BENEFIT PLANS ISSUED OR RENEWED IN THIS STATE ON OR AFTERANUARY 1,2027,SHALL PROVIDE COVERAGE FOR KIDNEY FUNCTION SCREENING SERVICES .
(II) A LL LARGE EMPLOYER HEALTH BENEFIT PLANS ISSUED OR RENEWED IN THIS STATE ON OR AFTER JANUARY 1, 2027, SHALL PROVIDE COVERAGE FOR KIDNEY FUNCTION SCREENING SERVICES .
(III)(A) XCEPTASPROVIDEDINSUBSECTION (18)(b.8)(III)OF) THIS SECTION,AND TO THE EXTENT THAT SUCH COVERAGE IS NOT IN ADDITION TO BENEFITS PROVIDED PURSUANT TO THE STATE BENCHMARK PLAN REQUIRED PURSUANT TO 45 CFR 156.111, ALL INDIVIDUAL AND -4- 1019 SMALLGROUPHEALTHBENEFITPLANSISSUEDORRENEWEDINTHISSTATE ON OR AFTER JANUARY 1, 2028SHALL PROVIDE COVERAGE FOR KIDNEY FUNCTION SCREENING SERVICES.
(III) (A) EXCEPT AS PROVIDED IN SUBSECTION (18)(b.8)(III)(B)OF PAGE 3-HOUSE BILL 26-1019 THIS SECTION, AND TO THE EXTENT THAT SUCH COVERAGE IS NOT IN ADDITION TO BENEFITS PROVIDED PURSUANT TO THE STATE BENCHMARK PLANREQUIREDPURSUANTTO 45CFR156.111, ALLINDIVIDUALANDSMALL GROUP HEALTH BENEFIT PLANS ISSUED OR RENEWED IN THIS STATE ON OR AFTER JANUARY 1,2028,SHALLPROVIDECOVERAGEFORKIDNEYFUNCTION SCREENING SERVICES .
(B) SUBSECTION(18)(b.8)(III)(OFTHISSECTIONISINOPERATIVE AND THE STATE SHALL NOT ASSUME AN OBLIGATION FOR THE COVERAGE REQUIRED PURSUANT TO SUBSECTION (18)(b.8)(III)(OF THIS SECTION IFTHEDIVISIONDETERMINESTHATTHEBENEFITSPECIFIEDINSUBSECTION (18)(b.8)(III)(OF THIS SECTION REQUIRES STATE DEFRAYAL OF THE COST OF COVERAGE PURSUANT TO A PROVISION OF THE FEDERAL ACT , INCLUDING 42 U.S.C.SEC.
(B) SUBSECTION (18)(b.8)(III)(OF THIS SECTION IS INOPERATIVE AND THE STATE SHALL NOT ASSUME AN OBLIGATION FOR THE COVERAGE REQUIRED PURSUANT TO SUBSECTION (18)(b.8)(III)(OF THIS SECTION IF THE DIVISION DETERMINES THAT THE BENEFIT SPECIFIED IN SUBSECTION (18)(b.8)(III)(OFTHISSECTIONREQUIRESSTATE DEFRAYALOFTHE COST OFCOVERAGE PURSUANT TO A PROVISION OFTHE FEDERALACT ,INCLUDING U.S.C.
18031 (d)(3)(OR A SUCCESSOR PROVISIO, AND THE IMPLEMENTING REGULATIONS OR THE STATE IS OTHERWISE REQUIRED TO DEFRAY THE COST OF COVERAGE REQUIRED PURSUANT TO SUBSECTION (18)(b.8)(III)(OF THIS SECTIO.
(IV)THECOVERAGEREQUIREDBYTHISSUBSECTION (18)(b.8MAY BE OFFERED THROUGH A HIGH DEDUCTIBLE PLAN THAT WOULD QUALIFY FOR A HEALTH SAVINGS ACCOUNT PURSUANT TO 26 U.S.C.
223;
18031 (d)(3)(B) OR A SUCCESSOR PROVISION , AND THE IMPLEMENTING REGULATIONS OR THE STATE IS OTHERWISE REQUIRED TO DEFRAY THE COST OF COVERAGE REQUIRED PURSUANT TO SUBSECTION (18)(b.8)(III)(OF THIS SECTION.
EXCEPT THAT A CARRIER MAY APPLY DEDUCTIBLE AMOUNTS FOR THE REQUIRED COVERAGE IF IT IS NOT CONSIDERED BY THU NITEDS TATES DEPARTMENT OF TREASURY TO BE PREVENTIVE OR TO HAVE AN ACCEPTABLE DEDUCTIBLE .
(IV) THE COVERAGE REQUIRED BY THIS SUBSECTION (18)(b.8)MAY BEOFFEREDTHROUGHAHIGHDEDUCTIBLEPLANTHATWOULDQUALIFYFOR A HEALTH SAVINGS ACCOUNT PURSUANT TO 26 U.S.C.SEC.
223;EXCEPT THAT A CARRIER MAY APPLY DEDUCTIBLE AMOUNTS FOR THE REQUIRED COVERAGE IF IT IS NOT CONSIDERED BY THEU NITED STATES DEPARTMENT OF THE TREASURY TO BE PREVENTIVE OR TO HAVE AN ACCEPTABLE DEDUCTIBLE .
(1) (f) The specifications drawn by the director for any group benefit plans shaMUST include the mandated coverages required by section 10-16-104;
(1)(f) Thespecificationsdrawnbythedirectorforanygroupbenefit plans shallMUST include the mandated coverages required by section 10-16-104;C.R.S.
C.R.EXCEPT THAT THE SPECIFICATIONS ARE NOT REQUIRED TO INCLUDE COVERAGE FOR KIDNEY FUNCTION SCREENING -5- 1019 SERVICES ,AS DESCRIBED IN SECTION 10-16-104 (18)(b.8).
EXCEPTTHATTHESPECIFICATIONSARENOTREQUIREDTO INCLUDE COVERAGE FOR KIDNEY FUNCTION SCREENING SERVICES , AS DESCRIBED IN SECTION 10-16-104 (18)(b.8).
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on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
on the day following the expiration of the ninety-dayperiod after final adjournment of the general assembly(August PAGE 4-HOUSE BILL 26-1019 12, 2026, if adjournment sine die is on May 13, 2026);
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approvedbythepeopleatthegeneralelectiontobeheldinNovember2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-6- 1019
____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 5-HOUSE BILL 26-1019
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