Title 25.5, Health Care Policy and Financing
0 chapters · 273 sections in this title.
Colo. Rev. Stat. § 25.5-6-308 Cost of services
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Home- and community-based services for the elderly, blind, and disabled shall meet aggregate federal waiver budget neutrality requirements. Source: L. 2006: Entire article added with relocations, p. 1941, � 7, effective July 1. Editor's note: This section is similar to former � 2…
Colo. Rev. Stat. § 25.5-6-309 Special provisions - post-eligibility treatment of income
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Persons who receive services under this part 3 shall pay to the state department, or designated agent or provider, all income remaining after application of federally allowed maintenance and medical deductions or shall pay the cost of home- and community-based services rendered, …
Colo. Rev. Stat. § 25.5-6-311 Duties of state department
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(1) The state department shall: (a) Seek and utilize any available federal, state, or private funds which are available for carrying out the purposes of this part 3, including but not limited to medicaid funds, pursuant to Title XIX of the federal Social Security Act, as amended;…
Colo. Rev. Stat. § 25.5-6-312 Gifts - grants
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The state department, acting for and on behalf of the state, may receive and accept title to any grant or gift from any source, including the federal government, and all grants, grants-in-aid, and gifts shall be deposited with the state treasurer, who shall credit the same to the…
Colo. Rev. Stat. § 25.5-6-313 Rules - federal authorization
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(1) Pursuant to article 4 of title 24, C.R.S., the state board shall adopt rules for the administration of this part 3. (1.5) The rules adopted by the state board pursuant to subsection (1) of this section shall include the following provisions concerning adult day care facilitie…
Colo. Rev. Stat. § 25.5-6-401 Short title
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This part 4 shall be known and may be cited as the Home- and Community-based Services for Persons with Developmental Disabilities Act. Source: L. 2006: Entire article added with relocations, p. 1942, � 7, effective July 1. Editor's note: This section is similar to former � 26-4-6…
Colo. Rev. Stat. § 25.5-6-402 Legislative declaration - Prader-Willi syndrome
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(1) The general assembly finds and declares that it is the purpose of this part 4 to provide services for persons with intellectual and developmental disabilities that would foster the following goals: (a) To maintain eligible persons in the most appropriate settings possible and…
Colo. Rev. Stat. § 25.5-6-403 Definitions
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As used in this part 4, unless the context otherwise requires: (1) Case management agency has the same meaning as set forth in section 25.5-6-1702 (2). (2) (a) Eligible person means a person with developmental disabilities: (I) Who meets the definition of categorically needy as d…
Colo. Rev. Stat. § 25.5-6-405 Relationship to other programs
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The provisions of part 3 of this article are separate and distinct from the provisions of this part 4. Therefore, the definitions and restrictions embodied in part 3 of this article shall not apply to services and programs provided pursuant to this part 4. Source: L. 2006: Entire…
Colo. Rev. Stat. § 25.5-6-407 Gifts - grants
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The state department and the department of human services, acting on behalf of the state, may receive and accept title to gifts or grants from any source, including the federal government. Both departments shall deposit all grants, grants-in-aid, and gifts with the state treasure…
Colo. Rev. Stat. § 25.5-6-408 Eligibility - fees
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(1) Subject to the availability of federal financial participation, services shall be provided to eligible persons pursuant to this part 4. (2) Any eligible person who accepts and receives services pursuant to this part 4 shall pay to the state department, or to an agent designat…
Colo. Rev. Stat. § 25.5-6-410 Qualification for federal funding
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Nothing in this part 4 shall prevent the state department or the department of human services from complying with federal requirements in order for the state of Colorado to qualify for federal funds under Title XIX of the federal Social Security Act, as amended. Source: L. 2006: …
Colo. Rev. Stat. § 25.5-6-411 Personal needs trust fund required
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All personal needs funds must be held in trust by a residential facility authorized to provide services pursuant to this part 4, or the residential facility's designated trustee, separate and apart from any other funds of the facility, in a checking account or savings account or …
Colo. Rev. Stat. § 25.5-6-601 Short title
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The short title of this part 6 is the Home- and Community-based Services for Persons with Major Mental Health Disorders Act. Source: L. 2006: Entire article added with relocations, p. 1951, � 7, effective July 1. L. 2018: Entire section amended, (SB 18-091), ch. 35, p. 388, � 27,…
Colo. Rev. Stat. § 25.5-6-602 Legislative declaration - no entitlement created
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(1) The general assembly finds and declares that the purpose of this part 6 is to provide, under federal authorization and subject to available appropriations, home- and community-based services for persons with major mental health disorders. (2) Nothing in this part 6 shall be c…
Colo. Rev. Stat. § 25.5-6-603 Definitions
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As used in this part 6, unless the context otherwise requires: (1) Eligible person means a person: (a) Who has a primary diagnosis of a major mental health disorder, as such term is defined in the diagnostic and statistical manual of mental disorders used by the mental health pro…
Colo. Rev. Stat. § 25.5-6-604 Cost of services
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Home- and community-based services for persons with major mental health disorders must meet aggregate federal waiver budget neutrality requirements. Source: L. 2006: Entire article added with relocations, p. 1952, � 7, effective July 1. L. 2018: Entire section amended, (SB 18-091…
Colo. Rev. Stat. § 25.5-6-701 Short title
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This part 7 shall be known and may be cited as the Home- and Community-based Services for Persons with Brain Injury Act. Source: L. 2006: Entire article added with relocations, p. 1953, � 7, effective July 1. Editor's note: This section is similar to former � 26-4-681 as it exist…
Colo. Rev. Stat. § 25.5-6-702 Legislative declaration - no entitlement created
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(1) The general assembly hereby finds and declares that the purpose of this part 7 is to provide, under federal authorization and subject to available appropriations, home- and community-based services for persons with brain injury. (2) Nothing in this part 7 shall be construed t…
Colo. Rev. Stat. § 25.5-6-703 Definitions
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As used in this part 7, unless the context otherwise requires: (1) Adult day care means health and social services furnished two or more hours per day on a regularly scheduled basis for one or more days per week in an outpatient setting and for the purpose of ensuring the optimal…
Colo. Rev. Stat. § 25.5-6-706 Rate structure - rules - quality assurance
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(1) (a) The state board, by rule, shall set tiered per diem rates for services provided on a supportive care campus under this part 7. When structuring the tiered per diem rates, the state board shall consider the medical and cognitive needs of eligible persons being served on th…
Colo. Rev. Stat. § 25.5-8-101 Short title
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This article shall be known and may be cited as the Children's Basic Health Plan Act. Source: L. 2006: Entire article added with relocations, p. 1973, � 7, effective July 1. Editor's note: This section is similar to former � 26-19-101 as it existed prior to 2006.
Colo. Rev. Stat. § 25.5-8-102 Legislative declaration
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(1) The general assembly hereby finds and declares that a significant percentage of children are uninsured. This lack of health insurance coverage decreases children's access to preventive health-care services, compromises the productivity of the state's future workforce, and res…
Colo. Rev. Stat. § 25.5-8-103 Definitions - rules
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As used in this article 8, unless the context otherwise requires: (1) Child means a person who is less than nineteen years of age. (2) Children's basic health plan or plan means the subsidized health insurance product designed by the department of health care policy and financing…
Colo. Rev. Stat. § 25.5-8-104 Children's basic health plan - rules
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The medical services board is authorized to adopt rules to implement the children's basic health plan to provide health insurance coverage to eligible persons on a statewide basis pursuant to the provisions of this article. Any rules adopted by the children's basic health plan po…
Colo. Rev. Stat. § 25.5-8-105 Trust - created
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(1) A fund to be known as the children's basic health plan trust is hereby created and established in the state treasury. Except as provided for in subsection (8) of this section, all moneys deposited in the trust and all interest earned on moneys in the trust shall remain in the…
Colo. Rev. Stat. § 25.5-8-106 Annual savings report. (Repealed)
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Source: L. 2006: Entire article added with relocations, p. 1977, � 7, effective July 1. L. 2016: Entire section repealed, (HB 16-1081), ch. 22, p. 52, � 8, effective August 10. Editor's note: This section was similar to former � 26-19-106 as it existed prior to 2006. 25.5-8-107. …
Colo. Rev. Stat. § 25.5-8-108 Financial management - cash system of accounting
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(1) The department shall propose rules for approval by the medical services board to implement financial management of the plan. Pursuant to such rules, the department shall adjust benefit levels, eligibility guidelines, and any other measure to ensure that sufficient funds are p…
Colo. Rev. Stat. § 25.5-8-109 Eligibility - children - pregnant women - rules
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(1) To be eligible for a subsidy, a child must not be insured by a comparable health plan through an employer. (2) If one child from a family is enrolled in the plan, all children must be enrolled, unless the other children have alternative health insurance coverage. (3) The depa…
Colo. Rev. Stat. § 25.5-8-109.3 Health services initiatives
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(1) To the extent federal financial participation is available, the department shall design and implement health service initiatives pursuant to section 2105(a)(1)(D)(ii) of the federal Social Security Act, as amended, to provide funding for continuous enrollment for the twelve-m…
Colo. Rev. Stat. § 25.5-8-110 Participation by managed care plans
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(1) Managed care plans, as defined in section 10-16-102 (43), C.R.S., that participate in the plan shall do so by contract with the department and shall provide the health-care services covered by the plan to each enrollee. (2) Managed care plans participating in the plan shall n…
Colo. Rev. Stat. § 25.5-8-111 Department - administration - outsourcing
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(1) (a) The department may: (I) Pursuant to section 24-50-504 (2)(a), C.R.S., enter into personal services contracts for the administration of the children's basic health plan. Any contracts established pursuant to this section shall contain performance measures that shall be mon…
Colo. Rev. Stat. § 25.5-8-112 Authority to the department to apply for federal waivers
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The department is hereby authorized and required to apply for any federal waivers necessary to implement the purposes of this article. Source: L. 2006: Entire article added with relocations, p. 1985, � 7, effective July 1. Editor's note: This section is similar to former � 26-19-…
Colo. Rev. Stat. § 25.5-8-113 Reports by contractors to medical services board. (Repealed)
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Source: L. 2006: Entire article added with relocations, p. 1985, � 7, effective July 1. L. 2016: Entire section repealed, (HB 16-1081), ch. 22, p. 52, � 5, effective August 10. Editor's note: This section was similar to former � 26-19-113 as it existed prior to 2006. COMMUNITY LI…
Colo. Rev. Stat. § 25.5-10-100.3 Definitions
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As used in this article 10, unless the context otherwise requires: (1) Office means the office of community living created in section 25.5-10-101 (1). Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2081, � 225, effective August 6. 25.5-10-101. Office of community…
Colo. Rev. Stat. § 25.5-10-201 Legislative declaration
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(1) In recognition of the varied, extensive, and substantial needs of persons with intellectual and developmental disabilities, including the urgent need to enhance the development of children with intellectual and developmental disabilities, the general assembly, subject to avai…
Colo. Rev. Stat. § 25.5-10-202 Definitions
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As used in this article 10, unless the context otherwise requires: (1) Abuse means any of the following acts or omissions committed against a person with an intellectual and developmental disability: (a) The nonaccidental infliction of physical pain or injury, as demonstrated by,…
Colo. Rev. Stat. § 25.5-10-205 Case management agencies - local public procurement units
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For purposes of entering into a cooperative purchasing agreement pursuant to section 24-110-201, a nonprofit case management agency or a nonprofit service agency may be certified as a local public procurement unit as provided in section 24-110-207.5. Source: L. 2013: Entire artic…
Colo. Rev. Stat. § 25.5-10-210 Revocation of designation - repeal. (Repealed)
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Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1762, � 1, effective March 1, 2014. L. 2021: (3) added by revision, (HB 21-1187), ch. 83, pp. 353, 354, �� 69, 70. Editor's note: (1) Prior to its repeal, this section was similar to former � 27-10.…
Colo. Rev. Stat. § 25.5-10-213 Discharge - repeal. (Repealed)
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Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1765, � 1, effective March 1, 2014. L. 2021: (3) added by revision, (HB 21-1187), ch. 83, pp. 353, 354, �� 69, 70. Editor's note: (1) Prior to its repeal, this section was similar to former � 27-10.…
Colo. Rev. Stat. § 25.5-10-214 Community residential home - licenses - rules
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(1) The department of public health and environment and the state department shall implement a system of joint licensure and certification of community residential homes. Independent residential support services provided by the state department do not require licensure by the dep…
Colo. Rev. Stat. § 25.5-10-216 Imposition of legal disability - removal of legal right
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(1) Any interested person may petition the court to impose a legal disability on or to remove a legal right from a person with an intellectual and developmental disability as defined in section 25.5-10-202. The petition must set forth the disability to be imposed or the legal rig…
Colo. Rev. Stat. § 25.5-10-217 Conduct of court proceedings
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All court proceedings arising under section 25.5-10-216 shall be conducted by the district attorney of the county where the proceeding is held or by a qualified attorney acting for the district attorney appointed by the district court for that purpose; except that, in any county …
Colo. Rev. Stat. § 25.5-10-218 Persons' rights
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(1) Unless a person's rights are modified by court order, a person with an intellectual and developmental disability has the same legal rights and responsibilities guaranteed to all other persons under the federal and state constitutions and federal and state laws. No otherwise q…
Colo. Rev. Stat. § 25.5-10-220 Right to medical care and treatment
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(1) Each person receiving services must have access to appropriate dental and medical care and treatment for any physical ailments and for the prevention of any illness or disability. (2) No medication for which a prescription is required shall be administered without the written…
Colo. Rev. Stat. § 25.5-10-221 Right to humane treatment
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(1) Corporal punishment of persons with an intellectual and developmental disability is not permitted. (2) All service agencies shall prohibit mistreatment, exploitation, neglect, or abuse in any form of any person receiving services. (3) Service agencies shall provide every pers…
Colo. Rev. Stat. § 25.5-10-222 Right to religious belief, practice, and worship
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No person receiving services is required to perform any act or be subject to any procedure whatsoever which is contrary to the person's religious belief, and each such person has the right to practice such religious belief and be accorded the opportunity for religious worship. Pr…
Colo. Rev. Stat. § 25.5-10-223 Rights to communications and visits
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(1) Each person receiving services has the right to communicate freely and privately with others of the person's own choosing. (2) Each person receiving services has the right to receive and send sealed, unopened correspondence. No such person's incoming or outgoing correspondenc…
Colo. Rev. Stat. § 25.5-10-224 Right to fair employment practices
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(1) No person receiving services shall be required to perform labor; except that persons receiving services may voluntarily engage in such labor if the labor is compensated in accordance with applicable minimum wage laws. (2) No person receiving services shall be involved in the …
Colo. Rev. Stat. § 25.5-10-225 Right to vote
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Each person receiving services who is eligible to vote according to law has the right to vote in all primary and general elections. As necessary, all service agencies shall assist such persons to register to vote, to obtain mail ballots, to comply with other requirements that are…