CO HB1008

Large employer health benefit plans issued or renewed on or after January 1, 2023 must provide infertility diagnosis, treatment, and fertility preservation services coverage as specified in Colorado Revised Statutes 10-16-104(23).

Individual and small group health benefit plans must implement the same fertility coverage requirements if the federal Department of Health and Human Services confirms within twelve months that the coverage does not constitute an additional benefit requiring state funding under 42 U.S.C. sec. 18031(d)(3)(B).

If the federal department fails to respond to Colorado's determination request within 365 days, the state shall consider this unreasonable delay as precluding any requirement for state defrayal of coverage costs.

The bill removes the original 120-day federal submission deadline and replaces it with implementation timelines tied to federal confirmation or lack thereof regarding whether fertility coverage requires state funding.