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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. § 25.5-10-218 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…

Colo. Rev. Stat. § 25.5-10-227 Right to personal property

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(1) Each person receiving services has the right to the possession and use of such person's own clothing and personal effects. If the service agency holds any of such person's personal effects for any reason, such retention shall be promptly recorded in such person's record and t…

Colo. Rev. Stat. § 25.5-10-228 Right to influence policy

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The persons receiving services of a service agency are entitled to establish a committee to hear the views and represent the interests of all such persons served by the agency and to attempt to influence the policies of the agency to the extent that they influence provision of se…

Colo. Rev. Stat. § 25.5-10-229 Right to notification

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Each person receiving services has the right to read or have explained, in each person's or family's native language, any rules adopted by the service agency and pertaining to such person's activities. Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323,…

Colo. Rev. Stat. § 25.5-10-230 Discrimination

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No person who has received services or supports under any provision of this article shall be discriminated against because of such status. For purposes of this section, "discrimination" means the giving of any unfavorable weight to the fact that a person has received such service…

Colo. Rev. Stat. § 25.5-10-231 Sterilization rights - legislative intent

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(1) It is the intent of the general assembly that the consent required in subsection (2) of this section applies to any person with an intellectual and developmental disability when sterilization is being considered for the primary purpose of rendering the person incapable of rep…

Colo. Rev. Stat. § 25.5-10-235 Limitations on sterilization

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(1) Consent to sterilization shall be made neither a condition for release from any institution nor a condition for the exercise of any right, privilege, or freedom. (2) Nothing in this article requires any hospital or any person to participate in any sterilization, nor shall any…

Colo. Rev. Stat. § 25.5-10-236 Civil action and attorney fees

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A violation of any provision of this article gives rise to a civil cause of action by the person adversely affected by such violation, and any judgment may include plaintiff's reasonable attorney fees. Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323,…

Colo. Rev. Stat. § 25.5-10-237 Terminology

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(1) Whenever the terms "insane", "insanity", "mentally or mental incompetent", "mental incompetency", or "of unsound mind" are used in the laws of the state of Colorado, they refer to the insane, as defined in sections 16-8-101 and 16-8-101.5, or to a person with an intellectual …

Colo. Rev. Stat. § 25.5-10-238 Federal funds

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The state department is authorized to accept, on behalf of the state, any grants of federal funds made available for any purposes consistent with the provisions of this article. The executive director of the state department, with the approval of the governor, shall have power to…

Colo. Rev. Stat. § 25.5-10-239 Evaluations to determine whether a defendant is mentally retarded or has an intellectual and developmental disability for purposes of class 1 felony trials

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Upon request of the court, the executive director, or his or her designee, shall recommend specific professionals who are qualified to perform an evaluation to determine whether a defendant is mentally retarded or is a defendant with an intellectual and developmental disability, …

Colo. Rev. Stat. § 25.5-10-240 Retaliation prohibited

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No person shall be discriminated against because the person has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing pursuant to this article 10, including the dispute resolution procedures in section 25.5-10-212 and sec…

Colo. Rev. Stat. § 25.5-10-241 Host home provider stakeholder collaboration - report

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(1) No later than September 1, 2023, the state department shall engage in a stakeholder process, which must include but is not limited to equitable representation among program-approved service agencies, case management agencies, host home providers under contract with a provider…

Colo. Rev. Stat. § 25.5-10-301 Legislative declaration

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(1) It is the intent of the general assembly that the service delivery system for persons with intellectual and developmental disabilities emphasize community living for persons with intellectual and developmental disabilities and provide supports to persons that enable them to e…

Colo. Rev. Stat. § 25.5-10-302 Purpose

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The purpose of the family support services program created in this part 3 is to provide support to families in their role as primary care givers for a family member with an intellectual and developmental disability. Source: L. 2013: Entire article added with relocations, (HB 13-1…

Colo. Rev. Stat. § 25.5-10-303 Administration - duties of department

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(1) Subject to annual appropriation by the general assembly, the state department shall administer the family support services program and shall coordinate family support services with other existing services provided to families and individuals. Family support services must be p…

Colo. Rev. Stat. § 25.5-10-304 Family support councils

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(1) The state department shall ensure that each case management agency or service agency approved to provide family support services establishes a family support council in each defined service area. The family support councils must consist of professionals, interested citizens, …

Colo. Rev. Stat. § 25.5-10-305 Authorized family support services

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(1) The family support services included in this program include, but are not limited to, family support grants, family support services coordination, information and referral, educational materials, emergency and outreach services, and other person- and family-centered assistanc…

Colo. Rev. Stat. § 25.5-10-305.5 Family support services fund - creation - transfer

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(1) The family support services fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money transferred to the fund from the Colorado family support loan fund as created in section 25.5-10-402 prior to its repeal, payments …

Colo. Rev. Stat. § 25.5-10-306 Rules

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(1) The state board shall develop rules concerning: (a) Further definition of services and supports to be provided by the family support services program described in this part 3; (b) The requirements for eligibility for services and supports; (c) The manner of providing services…

Colo. Rev. Stat. § 25.5-10-501 Definitions

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As used in this part 5, unless the context otherwise requires: (1) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-60-203. (2) "Danger to others" has the meaning set forth in section 27-65-102. (3) "Danger to the pe…

Colo. Rev. Stat. § 25.5-10-502 Criteria and standards for protective placement

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(1) The court may order the protective placement of a respondent if: (a) The respondent, by clear and convincing evidence, has a neurocognitive disorder; (b) With the consideration of all reasonably available information, including the relevant history of the respondent, there ar…

Colo. Rev. Stat. § 25.5-10-503 Short-term protective placement for incompetent defendants in a criminal matter

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(1) Upon petition of a professional person or intervening professional acting within the scope of their authority and licensure, an appointed legal guardian, or a representative of the BHA or HCPF, a court may certify a person for short-term protective placement for not more than…

Colo. Rev. Stat. § 25.5-10-504 Long-term protective placement of persons with a neurocognitive disorder - procedure

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(1) If a respondent has received an extended protective placement pursuant to section 25.5-10-503, the professional person in charge of the extended protective placement, the appointed legal guardian, or the county attorney may file a petition with the court at least thirty days …

Colo. Rev. Stat. § 25.5-10-505 Connect respondent to home- and community-based services

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When a respondent is discharged from a protective placement or a protective placement is terminated, HCPF shall refer the respondent to any home- and community-based services for which the respondent may be eligible and shall make diligent efforts to connect the respondent with h…

Colo. Rev. Stat. § 25.5-10-506 Termination of protective placement - short-term and long-term placement

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A protective placement terminates when the professional person in charge of treatment of the respondent, after a reasonable observation and treatment period, determines the respondent no longer meets the criteria for protective placement pursuant to section 25.5-10-502 (1). When …

Colo. Rev. Stat. § 25.5-10-507 Court supervision of incompetent and unrestorable persons ordered into an enhanced protective placement

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(1) Once a criminal court has transferred jurisdiction of an enhanced protective placement pursuant to section 16-8.5-118 to a civil court with jurisdiction pursuant to section 25.5-10-509, the civil court has exclusive jurisdiction over the enhanced protective placement. (2) Upo…

Colo. Rev. Stat. § 25.5-10-508 Termination of enhanced protective placement

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(1) The court shall terminate a respondent's enhanced protective placement ordered pursuant to section 25.5-10-507 when the respondent: (a) No longer poses a substantial risk of serious harm to others; or (b) No longer has a neurocognitive disorder or intellectual and development…

Colo. Rev. Stat. § 25.5-10-509 Jurisdiction - transfer

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(1) (a) The court in which a petition is filed pursuant to this part 5, or a court authorized to conduct proceedings pursuant to this part 5 that receives a court order transferring jurisdiction of an enhanced protective placement, is the court of original jurisdiction and of con…

Colo. Rev. Stat. § 25.5-10-510 Hearing procedures

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(1) A hearing held pursuant to this part 5 must be conducted in the same manner as other civil proceedings before the court. (2) The court, after consultation with the respondent's counsel to obtain the counsel's recommendations, may appoint a professional person to examine the r…

Colo. Rev. Stat. § 25.5-10-511 County attorney and district attorney responsibilities

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(1) The county attorney or the district attorney in a county or city and county that has a population equal to or less than fifty thousand people, or a qualified attorney acting as the county attorney's or district attorney's designee who is appointed by the district court, has t…

Colo. Rev. Stat. § 25.5-10-512 Appeals

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(1) Appellate review of any order for protective placement or enhanced protective placement may be had as provided in the Colorado appellate rules. An appeal must be advanced upon the calendar of the appellate court and must be decided at the earliest practicable time. Pending di…

Colo. Rev. Stat. § 25.5-10-513 Habeas corpus

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Any person detained pursuant to this part 5 is entitled to an order in the nature of habeas corpus upon proper petition to any court generally empowered to issue orders in the nature of habeas corpus. Source: L. 2026: Entire part added, (SB 26-149), ch. 142, p. 782, § 22, effecti…

Colo. Rev. Stat. § 25.5-10-514 Rights of respondents ordered into enhanced protective placement or protective placement

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(1) A respondent in a proceeding brought pursuant to this part 5 or who is under a protective placement or an enhanced protective placement has the same rights as a person with an intellectual and developmental disability under this article 10, including the rights provided in se…

Colo. Rev. Stat. § 25.5-10-515 Records - rules

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(1) Except as provided in subsection (2) of this section, all information obtained and records prepared in the course of providing any services to any person pursuant to any provision of this part 5 are confidential and privileged. The information and records may be disclosed onl…

Colo. Rev. Stat. § 25.5-10-516 Payment for counsel

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In order to provide legal representation to persons eligible for an attorney pursuant to this article 10, the judicial department shall pay, out of money appropriated by the general assembly, money directly to the appointed attorney on a case-by-case basis or, on behalf of the st…

Colo. Rev. Stat. § 25.5-10-517 Authority to increase payments to nursing facility and regional center providers - rules

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Subject to available appropriations and federal authorization, HCPF may increase payments to nursing facility providers and regional center providers for the purpose of achieving the least restrictive placement requirement for individuals subject to a protective placement pursuan…

Colo. Rev. Stat. § 25.5-10-518 Repeal of part

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This part 5 is repealed, effective July 1, 2031. Source: L. 2026: Entire part added, (SB 26-149), ch. 142, p. 786, § 22, effective May 21. HEALTH CARE COST SAVINGS ACT

Colo. Rev. Stat. § 25.5-2.5-101 Short title

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The short title of this part 1 is the "Colorado Cares Rx Act". Source: L. 2007: Entire article added, p. 1, § 1, effective February 5. L. 2019: Entire section amended, (SB 19-005), ch. 184, p. 2073, § 4, effective August 2.

Colo. Rev. Stat. § 25.5-2.5-102 Legislative declaration

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(1) The general assembly finds that: (a) Uninsured, underinsured, and older Coloradans pay a disproportionately greater share of their income for prescription drugs. In many cases, current drug prices have the effect of denying residents access to necessary medical care, thereby …

Colo. Rev. Stat. § 25.5-2.5-103 Lower-cost prescription drugs - information - research - reporting

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(1) The state department shall make information available to the public concerning lower-cost prescription drug programs. The information shall include, but need not be limited to: (a) Ways in which low-income, uninsured persons can obtain lower-cost prescription drugs; and (b) C…

Colo. Rev. Stat. § 25.5-2.5-201 Short title

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The short title of this part 2 is the "Dr. Irene Aguilar Canadian Prescription Drug Importation Act". Source: L. 2019: Entire part added, (SB 19-005), ch. 184, p. 2065, § 3, effective August 2.

Colo. Rev. Stat. § 25.5-2.5-202 Definitions

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As used in this part 2, unless the context otherwise requires: (1) "Canadian supplier" means a manufacturer, wholesale distributor, or pharmacy that is appropriately licensed or permitted under Canadian federal and provincial laws and regulations to manufacture, distribute, or di…

Colo. Rev. Stat. § 25.5-2.5-203 Canadian prescription drug importation program - created - importation process - contract with vendor - vendor duties

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(1) The Canadian prescription drug importation program is created in the state department. Upon receiving approval of the program as described in section 25.5-2.5-205 (1), the state department shall contract with one or more vendors to provide services under the program. For thre…