SB 23-289

Senate Bill 23-289, known as the Community First Choice Medicaid Benefit, aims to improve access to home and community-based services for people eligible for Medicaid in Colorado. The bill requires the state's health care department to seek federal approval to offer services like personal care, homemaker support, and emergency response systems to help individuals live independently at home rather than in nursing facilities. This benefits those who are already eligible for Medicaid or meet specific income criteria and need these services to avoid institutional care. The bill was signed into law on May 25, 2023, with some provisions taking effect immediately and others starting July 1, 2025.

Official Summary

The act requires the department of health care policy and financing (department) to seek federal authorization through an amendment to the state medical assistance plan to implement the community first choice option. The act requires the state plan amendment to include personal care services, homemaker services, health maintenance activities, personal emergency response systems and other emergency back-up services, and voluntary training on how to select, manage, and dismiss an attendant. The act authorizes the department to provide permissible services and supports that are linked to an assessed need or goal in an individual's person-centered service plan, including transition costs and expenditures relating to increasing an individual's independence or reducing reliance on human assistance. To be eligible for the community first choice option, an individual must: Be eligible for the state medical assistance program; Be in an eligibility group under the state medical assistance program that includes nursing facility services, or if in an eligibility group that does not include nursing facility services, have an income that is at or below 150% of the federal poverty level; or Receive an annual determination that in the absence of home- and community-based attendant services and supports, the individual would require the level of care furnished in certain care settings. The act makes conforming amendments to remove the services provided through the community first choice option from other long-term care waiver programs. APPROVED by Governor May 25, 2023 PORTIONS EFFECTIVE May 25, 2023 PORTIONS EFFECTIVE July 1, 2025 (Note: This summary applies to this bill as enacted.)

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