CMS physicians make their voices heard at the state Capitol

Cecilia Comerford-Ames

Every legislative session, the Colorado Medical Society (CMS) works to protect physicians, advocate for patients, and improve the practice environment across our state. The 2025 session presented tough budgetary choices and created federal pressure on services – but the session also brought meaningful wins for physicians and the patients Colorado physicians serve.

THE STATE BUDGET AND THE HEALTH CARE SAFETY NET

Colorado’s fiscal year 2025-26 budget reflects a growing strain on the state’s health care system following last year’s surge in Medicaid enrollment costs and coverage losses during redetermination. To account for demand, the Colorado Department of Health Care Policy and Financing (HCPF) – which administers Medicaid – will be allotted 6.8 percent more from the General Fund.

While provider rate cuts were an option given the size of the deficet, CMS and other advocates worked to educate legislators on what the Medicaid safety net means to Colorado. The final budget includes a 1.6 percent increase in provider rates. These dollars help stabilize the health care safety net, though they came at the cost of over $100 million in transportation cuts, the elimination of key workforce programs, and delayed education funding.

One significant success came through Senate Bill 290, which allocates $25 million in FY 2025-26 from the Unclaimed Property Trust Fund to safety net providers serving low-income and uninsured Coloradans. Additional funding is expected in future years. Sen. Jeff Bridges, who chairs the Joint Budget Committee said in an April 28 Summit Daily article, “These folks work on the front lines of health care serving the most vulnerable Coloradans. SB290 buys us some time to figure it out.”

Despite a projected $2 billion state surplus, the Colorado Taxpayer’s Bill of Rights (TABOR) limits annual spending growth to just 3.6 percent, based on 2008 levels adjusted for inflation and population. With essential services like Medicaid and education growing faster than that cap allows, the state already faces a projected $1.2 billion shortfall for FY 2026-27.

THREATS TO ACCESS

At the federal level, Congress continues to consider proposals that would cut billions from Medicaid over the next decade. These federal threats could deeply affect state budgets and may even prompt a special session in Colorado. CMS is actively engaged with lawmakers in D.C. and Colorado to protect Medicaid and preserve access to care.

Access to care concerns were not limited to state budget issues. Worries about the federal government not enforcing EMTALA drove the introduction of Senate Bill 13. The bill would have created a burdensome and confusing state regulatory framework, but CMS advocacy helped to amend the bill to mirror federal law.

PROTECTING PATIENTS AND PHYSICIAN-LED CARE

One of CMS’s most consistent priorities is to protect the integrity and safety of physician-led care. Two important bills this session worked to enhance transparency, strengthen trusting relationships, and protect patients. 

Senate Bill 152, which requires clear identification of health care providers’ credentials, passed both chambers and was signed by the governor on May 5. This legislation ensures patients know who is providing their care. CMS policy supports strong relationships with patients.

This year, Senate Bill 32, which would have allowed naturopaths to prescribe many Schedule III-V drugs, was defeated in committee – a victory for patient safety that CMS will continue to champion. 

PRIOR AUTHORIZATION REFORM

Following last year’s major win on prior authorization reform, CMS supported Senate Bill 301 this session. It allows physicians to modify the dosage or frequency of a chronic maintenance medication without going through another prior authorization if the medication has already been approved for the patient’s condition. This simple change supports timely and personalized treatment and reduces unnecessary delays in care.

SUPPORTING PHYSICIAN WELLBEING AND PRACTICE VIABILITY

CMS prioritizes your wellbeing and the sustainability of your practice – because physicians can only provide the best care when they are supported themselves.

Reducing mental health stigma

House Bill 1176, a CMS priority, will eliminate stigmatizing questions about mental health on medical licensure and renewal applications. The bill encourages physicians and other providers to seek care for their own mental health without fear of career consequences. After months of negotiations between CMS, legislators, provider coalitions, DORA, and the governor’s office, a strong bill was passed to protect both patient safety and provider wellbeing. This Colorado effort has been recognized by the American Medical Association. Special thanks go to the Colorado Academy of Family Physicians for their partnership. 

Physician autonomy in practice

Senate Bill 83 bans non-compete clauses for physicians, ensuring that health care providers can inform patients of their new practice location and allow continuity of care. This legislation also clarifies limited situations where non-competes tied to business sales may still be enforceable. CMS’s advocacy helped move this bill over the finish line, offering physicians more freedom and offering patients better access to trusted providers.

Fighting for fairer arbitration

House Bill 1151, which would have improved arbitration of out-of-network insurance claims and reduced administrative burdens, passed the House but failed in the Senate. CMS will continue working on policies that simplify insurance disputes and support sustainable practice models. 

Reforming RAC audits

Senate Bill 314 significantly improves Colorado’s Medicaid Recovery Audit Contractor (RAC) audit process. The bill limits the frequency and scope of audits, clarifies appeal procedures, and enhances vendor oversight. These changes aim to reduce administrative burdens and create a fairer audit system, while preserving program integrity.

LIABILITY AND LEGAL PROTECTIONS

Senate Bill 157, which would have weakened Colorado’s public impact standard in deceptive trade practice claims, failed on the Senate floor. CMS opposed this bill because it would have increased legal exposure for professionals, including physicians, without improving consumer protections. CMS will remain vigilant in defending Colorado’s stable liability environment.

INNOVATION AND THE ROAD AHEAD

Artificial intelligence promises to disrupt health care and statutory efforts to create appropriate guardrails that don’t stifle innovation are still a work in process. A 2024 Senate Bill 24-205 sparked national attention and drove calls for a fix this year that never materialized Senate Bill 318. Work on this issue will continue, with rumors of a potential special session this summer. 

BEYOND THE CAPITOL: REGULATION, ADVOCACY, AND SPECIAL SESSIONS

CMS advocacy does not stop when the legislative session ends. Many key health care decisions are made through regulation, which carries the weight of law. CMS is monitoring upcoming rulemakings and preparing for a potential special session depending on federal budget outcomes.

We are also actively participating in regulatory conversations around Medicaid access, behavioral health, reimbursement reform, and the workforce pipeline to ensure that physicians have a strong voice in shaping the future of Colorado health care.