The passage of Amendment 79 in the 2024 general election significantly changed Colorado’s constitutional and legal landscape regarding abortion rights and public funding. The bill in question aligns state laws with the new constitutional protections.
Key Provisions of Amendment 79
Repeal of Public Funding Ban
Removes the constitutional restriction that previously prohibited public funds from being used for abortion care.
Establishes a Constitutional Right to Abortion
Enshrines the right to abortion in the Colorado Constitution.
Prohibits state and local governments from:
Denying or impeding abortion access.
Discriminating against individuals or providers exercising that right.
Allowing health insurance companies to exclude abortion coverage.
The bill updates existing statutes to reflect the new constitutional protections.
1. Medicaid Reimbursement for Abortion Care
Current law: The Department of Health Care Policy and Financing (HCPF) must authorize Medicaid reimbursement for family-planning-related services—excluding abortion.
Bill’s Change: Expands Medicaid reimbursement eligibility to include abortion care, meaning low-income individuals who qualify for Medicaid can have abortion services covered.
2. Coverage for Abortion Under Children's Basic Health Plan (CHP+)
Current law: CHP+ covers certain pregnancy-related services but excludes abortion.
Bill’s Change:
Requires the Medical Services Board to add abortion care to the list of covered services for pregnant persons enrolled in CHP+.
Expands access to state-funded abortion coverage beyond Medicaid recipients.
Legal and Practical ImplicationsA. Compliance with Federal Law
Medicaid Funding Issues
Federal law (Hyde Amendment) prohibits federal Medicaid funds from covering abortion except in cases of rape, incest, or life endangerment.
Colorado will likely use state funds to cover Medicaid abortions beyond those exceptions.
Potential Legal Challenges
Anti-abortion groups may argue that state-funded abortion coverage violates federal funding restrictions.
Colorado may need to set up separate state-funded programs to comply with federal rules.
B. Expansion of Abortion Access
Increases affordability:
Medicaid and CHP+ expansion ensures low-income individuals have financial access to abortion care.
Insurance Coverage Impact:
Insurance providers will no longer be allowed to exclude abortion coverage, making access more uniform across private and public health plans.
C. Broader State Policy Shifts
Colorado continues to position itself as a safe state for abortion access, particularly for out-of-state patients from more restrictive states.
The bill solidifies protections against future legislative attempts to restrict abortion access at the state level.
Potential Challenges & Opposition
Political Backlash:
Opponents may attempt to challenge funding mechanisms through lawsuits or future ballot measures.
Administrative Implementation:
The Medical Services Board and HCPF must update regulations, billing systems, and provider networks to accommodate the expansion.
Interstate Issues:
Some neighboring states may challenge Colorado’s role in facilitating abortion access for non-residents.
Final Thoughts
The bill ensures Amendment 79’s protections are fully integrated into state law.
Colorado Medicaid and CHP+ recipients will now have abortion coverage.
Legal and funding challenges may arise, but the state is reinforcing its status as a leader in reproductive rights protections.
Summary
During the 2024 general election, Colorado voters approved
Amendment 79, which:
•
Repealed the state constitutional amendment prohibiting the use of public funds to pay for abortions; and
•
Added a state constitutional amendment recognizing the right to an abortion and prohibiting Colorado state and local governments from denying, impeding, or discriminating against the exercise of that right, including prohibiting health insurance companies from excluding coverage for abortion.
The bill makes conforming changes to state law relating to
abortion care as a result of Amendment 79.
Current law requires the executive director of the department of
health care policy and financing to authorize medicaid reimbursement for family-planning-related services. The bill expands the definition of family-planning-related services to include abortion care. The bill requires the medical services board to include abortion care in the schedule of health-care services available for pregnant persons enrolled in the children's basic health plan.
