1. (1) Subject to the provisions of subsection (2) of this section and section 25.5-4-104, the program for the categorically needy must include the following services as mandated and defined by federal law:

   1. (a) Inpatient hospital services;
   2. (b) Outpatient hospital services;
   3. (c) Other laboratory and X-ray services;
   4. (d) Physicians' services, wherever furnished;
   5. (e) Nursing facility services;
   6. (f) Home health services;
   7. (g) Early and periodic screening, diagnosis, and treatment, as required by federal law;
   8. (h) Family planning, including a one-year supply of any federal food and drug administration-approved contraceptive drug, device, or product, unless the member requests a supply covering a shorter period of time;
   9. (i) Rural health services;
   10. (j) Advanced practice registered nurse services;
   11. (k) and (l) (Deleted by amendment, L. 2008, p. 138, § 2, effective July 1, 2008.)
   12. (m) Federally qualified health centers.
2. (2) In order to keep expenditures within approved appropriations, the state board may, by rule, establish limits on a service provided pursuant to this section so long as the service provided is sufficient in the amount, duration, and scope to reasonably achieve the purpose of the service as required by federal law or regulation. When a rule is promulgated pursuant to this subsection (2), the state board shall provide a summary report of the limitations established by the rule and any fiscal impact of the rule to members of the health and human services committees of the senate and house of representatives, or any successor committees, and any other members of the general assembly who request the reports.

Source: L. 2006: Entire article added with relocations, p. 1856, § 7, effective July 1. L. 2008: (1)(j), (1)(k), and (1)(l) amended, p. 138, § 2, effective July 1. L. 2021: (1)(h) amended, (SB 21-009), ch. 430, p. 2847, § 3, effective September 7. L. 2024: IP(1) and (1)(h) amended, (SB 24-176), ch. 152, p. 645, § 42, effective August 7.

Editor's note: This section is similar to former § 26-4-202 as it existed prior to 2006.

Cross references: (1) For the definition of federally qualified health centers in the federal Social Security Act, see 42 U.S.C. sec. 1395x.

(2) For the legislative declaration in SB 21-009, see section 1 of chapter 430, Session Laws of Colorado 2021.