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Colorado Statutes, Title 25.5

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Title 25.5, Health Care Policy and Financing

0 chapters · 455 sections in this title.

All chapters in Title 25.5455 Ch 6100 Ch 592 Ch 477 Ch 173 Ch 1060 Ch 324 Ch 813 Ch 2.511 Ch 25

455 sections·Filtered byTitle 25.5✕

Colo. Rev. Stat. § 25.5-6-409.5 Transition plan for youth with intellectual and developmental disabilities to adult services - rules - cash fund - legislative declaration
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(1) The general assembly finds and declares that: (a) Youth with intellectual and developmental disabilities who are eighteen to twenty years of age are currently served through the county child welfare system; and (b) The home- and community-based services program for persons wi…
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 …
Elimination of subminimum wage - transition plan for individuals with disabilities - waiver - legislative declaration - definition

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Colo. Rev. Stat. § 25.5-6-413

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(1) The general assembly finds and declares that: (a) The payment of subminimum wages is an economic justice issue for individuals with disabilities, impacting their ability to earn wages equal to their peers without disabilities and devaluing their contributions based on their d…

Colo. Rev. Stat. § 25.5-6-414 Delivery of services for individuals with serious mental illness - rules

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(1) The state department is committed to improving access to, and the quality of services for, individuals with serious mental illness who are enrolled in the state medical assistance program. (2) The state department shall, in collaboration with the behavioral health administrat…

Colo. Rev. Stat. § 25.5-6-415 Individual residential services and supports settings for persons with intellectual and developmental disabilities - statewide database - risk criteria - complaint process - rules - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Individual residential services and supports" means the residential services provided by a service provider agency to no more than three individuals within one residence. (b) "Individual residential services…

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, § 2…

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 p…

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. § 25.5-6-606 Implementation of program for persons with mental health disorders authorized - federal waiver - duties of the department of health care policy and financing and the department of human services - rules

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(1) The state department is authorized to seek any necessary waiver from the federal government to develop and implement a home- and community-based services program for persons with major mental health disorders. The program must be designed to provide home- and community-based …

Colo. Rev. Stat. § 25.5-6-607 Implementation of part contingent upon receipt of federal waiver - repeal of part

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(1) The implementation of this part 6 is conditioned upon the issuance of necessary waivers by the federal government and available appropriations. The provisions of this part 6 shall be implemented to the extent authorized by federal waiver. The state department shall propose le…

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.

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 optim…

Colo. Rev. Stat. § 25.5-6-704 Implementation of home- and community-based services program for persons with brain injury authorized - federal waiver - duties of the department - rules

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(1) (a) The state department is hereby authorized to seek any necessary waiver from the federal government to develop and implement a home- and community-based services program for persons with brain injury. The state department shall design the program to provide home- and commu…

Colo. Rev. Stat. § 25.5-6-705 Implementation of part contingent upon receipt of federal waiver - repeal of part

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(1) (a) The implementation of this part 7 is conditioned upon the issuance of necessary waivers by the federal government and available appropriations. The provisions of this part 7 shall be implemented to the extent authorized by federal waiver. The state department shall propos…

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. § 25.5-6-902 Children's personal assistance services and family support program

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(1) The general assembly finds that many families who attempt to care for severely disabled or terminally ill children at home often are burdened with the excessive financial and personal costs of providing continuous care. Private insurance companies rarely support essential, lo…

Colo. Rev. Stat. § 25.5-6-903 Residential child health-care program - waiver - home- and community-based services - rules

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(1) Subject to federal authorization, the state department shall implement a program for medicaid-eligible children with intellectual and developmental disabilities, as defined in section 25.5-10-202, with significant behavioral support needs who are at risk of institutionalizati…

Colo. Rev. Stat. § 25.5-6-904 Children with complex health needs waiver program - federal authorization - rules - legislative declaration - definitions

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(1) The general assembly finds and declares that: (a) Due to changes in the state's medical assistance program, it is necessary to merge the current disabled children care program established pursuant to section 25.5-6-901 and the pediatric hospice care program established pursua…

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.

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 fin…

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. § 25.5-8-107 Duties of the department - schedule of services - premiums - copayments - subsidies - purchase of childhood immunizations

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(1) In addition to any other duties pursuant to this article 8, the department has the following duties: (a) (I) To design, and from time to time revise, a schedule of health-care services included in the plan and to propose said schedule to the medical services board for approva…

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…

Colo. Rev. Stat. § 25.5-8-109.5 Telehealth - interim therapeutic restorations - reimbursement - definitions

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(1) Subject to federal authorization and financial participation, on or after July 1, 2016, in-person contact between a health-care provider and an enrollee is not required under the children's basic health plan for the diagnosis, development of a treatment plan, instruction to p…

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.

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.

Colo. Rev. Stat. § 25.5-10-101 Office of community living - creation - transfer of duties and functions - rules - legislative declaration

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(1) There is created in the state department the office of community living. The office is a type 2 entity, as defined in section 24-1-105. The head of the office is the director of community living appointed by the executive director in accordance with section 13 of article XII …

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 b…

Colo. Rev. Stat. § 25.5-10-203 Division of intellectual and developmental disabilities - creation - functions - reporting - legislative declaration

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(1) (a) The general assembly finds and declares that: (I) An effective system of community-based services and supports is essential to enable children and adults with intellectual and developmental disabilities to live in their communities; (II) The demand for high-quality intell…

Colo. Rev. Stat. § 25.5-10-204 Duties of the executive director - state board rules - definitions

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(1) In order to implement the provisions of this article 10, the executive director shall, subject to available appropriations, carry out the following duties: (a) Conduct monitoring and review activities that include case management agencies and service agencies; (b) Provide or …

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. § 25.5-10-206 Authorized long-term services and supports - conditions of funding - purchase of services and supports - adult protective services data system check - boards of county commissioners - appropriation

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(1) Subject to annual appropriations by the general assembly, the state department shall provide or purchase, pursuant to subsection (4) of this section, authorized long-term services and supports from case management agencies or service agencies for persons who have been determi…

Colo. Rev. Stat. § 25.5-10-207.5 Strategic plan for long-term services and supports - joint hearing - appropriation - reporting - legislative declaration - rules

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(1) (a) The general assembly finds that: (I) Colorado has a long commitment to supporting persons with intellectual and developmental disabilities in communities of their choosing; (II) Coloradans with intellectual and developmental disabilities who are eligible for state service…

Colo. Rev. Stat. § 25.5-10-208 Service agencies and case management agencies - money - rules

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(1) A service agency and a case management agency shall comply with the requirements set forth in this article 10 and the rules promulgated thereunder. (2) The state board shall promulgate rules to implement the purchase of long-term services and supports from a service agency, c…

Colo. Rev. Stat. § 25.5-10-209.3 Cross-system behavioral health crisis response - comprehensive care coordination and treatment model - training - legislative declaration

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(1) (a) The general assembly declares that persons with intellectual and developmental disabilities and co-occurring behavioral health diagnoses and needs: (I) Experience limited access to appropriate treatment, including crisis intervention, stabilization, and prevention, and su…

Colo. Rev. Stat. § 25.5-10-212 Procedure for resolving disputes over eligibility, modification of services or supports, and termination of services or supports

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(1) Every state or local service agency receiving state money pursuant to section 25.5-10-206 shall adopt a procedure for the resolution of disputes arising between the service agency and any member of, or applicant for, services or supports authorized pursuant to section 25.5-10…

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. Individual residential services and supports provided by the state department do not require licensure by the…

Colo. Rev. Stat. § 25.5-10-215 Compliance with local government zoning regulations - notice to local governments - provisional licensure

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(1) The state department shall require any community residential home seeking licensure pursuant to section 25.5-10-214 to comply with any applicable zoning regulations of the municipality, city and county, or county where the home is situated. Failure to comply with applicable z…

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 …