The Division would like to provide notice that the Commissioner has adopted the following bulletin:
In 2023, the Colorado State legislature passed House Bill 23-1136 (HB23-1136) concerning coverage for prosthetic devices deemed necessary to enable the covered person to engage in physical and recreational activities. The legislation requires the Division to determine whether this benefit would be subject to state defrayal and submit its determination to the Department of Health & Human Services (“HHS”). The Division submitted a letter to HHS on December 18, 2023 regarding a determination that the requirement in HB23-1136 is not a new mandate requiring state defrayal under the Affordable Care Act, but is a clarification of the coverage requirements and is required to comply with federal antidiscrimination laws. The Division received a response from HHS on January 4, 2025. That response was more than 365 days after submittal of the Division’s December 18, 2023 letter. In addition, that response neither confirms nor refutes the Division’s submission.
The purpose of this bulletin is to clarify the Division's position regarding coverage for prosthetic devices for a covered person in accordance with HB23-1136.
This bulletin is effective on March 17, 2025.
This bulletin, and other Division bulletins, can be found on the Division's website.