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News

Jan 10, 2019

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Bethany Pray serves as CCLP's Chief Legal and Policy Officer. Her areas of expertise include regulatory analysis and advocacy for Medicaid and commercial coverage, access to behavioral health benefits, Medicaid eligibility and much more.Staff page ›

Recent articles

2019 Legislative Preview: Health Care

by | Jan 10, 2019

Health, Legislative Updates

In 2019, CCLP’s Health Care Program aspires to advance affordable health insurance options and address consumers’ out-of-pocket costs. We aim to ensure that nonprofit hospitals are accountable for their community benefit obligations. We will continue our work to reduce barriers to access for Medicaid participants in a range of areas, particularly behavioral health. We will support efforts to enhance the ability of the Division of Insurance to protect consumers.

This year, our health program priorities include:

Legislative Advocacy
Our legislative advocacy in 2019 centers on addressing the steep increase in health care costs in Colorado, ensuring that programs address inequities in access to benefits and services, and advocating for system changes that can reduce gaps in coverage and care.

Hospital Community Benefit Transparency
Colorado’s nonprofit hospitals receive federal, state and local tax exemptions that provide  hundreds of millions of dollars in financial benefit to them. They receive these massive financial benefits on the presumption that they will invest those funds in services that improve the health of the communities they serve. CCLP will work to advance legislation that makes it possible for Colorado policymakers and communities to assess whether community benefit spending is commensurate with the tax benefits hospitals receive and whether that spending adequately addresses the health needs of those populations who are experiencing health disparities.

Support Access to Federal Disability Support
CCLP will work to advance legislation that helps Aid to the Needy Disabled (AND) clients navigate the process of applying for federal disability support programs. With severe disabilities and only $217 in monthly income, AND clients are often homeless. Federal disability support programs, which provide over three times the income support of AND, help people with disabilities obtain stable housing and take care of their health needs. But the federal programs are notoriously hard to apply for – especially for people that need the support most. The legislation will fund services that help people successfully complete the application process.

Health insurance costs
CCLP strongly supports Senate Bill 4 and House Bill 1004.

SB 4 seeks to provide immediate relief from the high cost of health insurance in rural and mountain communities in Colorado by allowing individuals to buy insurance through the state employee health benefit plan and giving the Commissioner of Insurance additional authority to oversee consumer-driven insurance cooperatives.

Meanwhile, HB 1004 advances work on developing an insurance plan that uses state infrastructure to reduce the cost of health insurance in the individual and possibly the small group markets. The bill requires the Colorado Department of Health Care Policy and Financing (HCPF) to model and develop a proposal for legislative approval so that implementation could begin in 2020.

These proposals, in conjunction with passage of a reinsurance program, create a comprehensive framework for reducing the cost of insurance in Colorado.

Surprise billing
Too often, Coloradans who have had surgery or other services at in-network facilities find themselves on the hook for surprise bills from out-of-network providers. These bills may far exceed in-network costs. CCLP has supported efforts over the past four years to curtail the practice of surprise billing. We anticipate introduction of another bill addressing this issue in 2019 and hope to finally ensure consumers are protected from this practice.

Behavioral health
Coloradans seeking behavioral health services, whether through Medicaid or commercial plans, continue to encounter obstacles to care. CCLP expects that two bills will be introduced this session to address those obstacles. One bill emerged from an extensive stakeholder process this past summer. It aims to create a Children & Youth Behavioral Health Commission empowered to improve interagency collaboration, align funding and programs, and improve access to behavioral health services. A second bill would add state law protections for parity between behavioral and physical health, in alignment with the federal Mental Health Parity and Addiction Equity Act.

Medicaid defense
Concerns linger about the effect in Colorado of the federal focus on “work requirements” on health care and nutritional benefits, such as Medicaid and SNAP. Work requirements and increased costs to enrollees have been shown to limit access and increase administrative burden, without improving health outcomes.  We will continue to defend Medicaid at the state legislature as the need arises.

Non-legislative advocacy work, research and projects
Regional Accountable Entities (RAEs): Accountable Care Collaborative 2.0
CCLP will monitor the RAEs closely, push for better access to children’s Medicaid services, and work with the state to improve enforcement of parity in behavioral health. We continue to address ways to improve access to grievance and appeals processes. We partner with Colorado Consumer Health Initiative and Colorado Cross-Disability Coalition to improve consumer engagement in Medicaid and will continue to play a leadership role through our participation on the ACC Program Improvement Advisory Committee. As part of a project to evaluate compliance with federal parity requirements, CCLP will report on results of recent focus groups and surveys that identified limitations on access to behavioral health services in Colorado Medicaid.

Health equity
Access to basic needs like nutritious food, safe and affordable housing, parenting supports, and legal assistance fosters good health. Systemic racism and other forms of discrimination have resulted in disparate access to these social determinants of health. Innovative health care providers have created programs that address these disparities. As examples: one clinic provides access to legal assistance through a medical-legal partnership, another runs support groups for parents of at-risk youth, and another runs a nutritious food bank for diabetes patients. Through partnerships with communities and provider groups, CCLP will look for policy levers to scale up projects that address persistent and unfair racial, ethnic and cultural disparities in Colorado.

Medicaid program system changes
We continue to track the CBMS Transformation project, which involves both a new platform and user interface for the historically problematic Colorado Benefits Management System (CBMS). The majority of this large-scale move will be effectuated in late winter and early spring. We also are engaged in assessing coordination between the recently separated eligibility systems for Medicaid and Connect for Health Colorado and advocating for improvements.

Regulatory advocacy
The federal government continues to propose and adopt regulatory changes that threaten many of the protections embedded in the Affordable Care Act and the Medicaid program, including the potential to decrease access to affordable coverage and care, increase discrimination, and undermine equity.

We coordinate with national and local partners to weigh in on such proposals through the public comment process and work to educate partners and support community engagement on these issues.

This federal work supplements CCLP’s ongoing role in state-level regulation. Through the comment and hearing process, we aim to ensure that eligibility and appeals systems and Medicaid benefits work for Coloradans and inequities are addressed. At the Division of Insurance, we will engage in regulatory work that concerns non-discrimination protections, notice and appeals issues, behavioral health access, and market stability.

— By Bethany Pray

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HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.