reglab/housing_qa huggingface dataset:
CO Code § 25.5-6-105 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 1 - Long-Term Care Administration|§ 25.5-6-105. Legislative Declaration Relating to Implementation of Single Entry Point System - Repeal

  The general assembly hereby finds, determines, and declares that:   A study of a single entry point system in accordance with former section 26-4.5-404, C.R.S., has been completed;    The establishment of a single entry point system for the coordination of access to existing services and service delivery for all long-term care clients at the local level can be implemented in a cost-efficient manner;    The implementation of a well-managed single entry point system will result in the utilization of more appropriate services by long-term care clients over time and will provide better information on the unmet service needs of clients; and    The implementation of a statewide single entry point system is a comprehensive undertaking and would be more conducive to a phased-in approach.       The general assembly further finds, determines, and declares that it is appropriate to develop and implement, through four phases, a single entry point system for the state and, therefore, enacts sections 26-4-522 to 26-4-525, which were relocated to sections 25.5-6-106 and 25.5-6-107, respectively, in the 2006 recodification of this title, to provide for such development and implementation.    This section is repealed, effective July 1, 2024.     History. Source: L. 2006: Entire article added with relocations, p. 1914, § 7, effective July 1. L. 2021: (3) added by revision,(HB 21-1187), ch. 83, pp. 353, 354, §§ 69, 70.    Editor's note:   This section is similar to former § 26-4-521 as it existed prior to 2006.
CO Code § 25.5-6-107 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 1 - Long-Term Care Administration|§ 25.5-6-107. Financing of Single Entry Point System - Repeal

  The single entry point system shall be financed with the following moneys:   Federal financial participation moneys available for case management for home- and community-based services pursuant to this article, and for administration of medical assistance programs, pursuant to Title XIX of the federal “Social Security Act”, as amended;    The state's share or contribution for specific long-term care programs in accordance with or pursuant to sections 26-1-122 and 26-2-114, C.R.S.;    County contributions, as follows:   The total for the fiscal year beginning July 1, 1990, and for each fiscal year thereafter, which totals shall serve as the base for determining the contribution required in subparagraph (II) of this paragraph (c), of the following: The counties' five percent contribution for home care allowance and adult foster care services as required by section 26-1-122, C.R.S.    The amount contributed from each county in accordance with subparagraph (I) of this paragraph (c) after making an adjustment based on the percentage of an increase or decrease per fiscal year in the service costs for clients of such county. However, in no case shall a county be required under this subparagraph (II) to contribute more than a five percent increase in said service costs.          County contributions for client services made in accordance with subparagraph (I) of paragraph (c) of subsection (1) of this section shall be expended only for clients of the county providing said contribution.    This section is repealed, effective July 1, 2024.     History. Source: L. 2006: Entire article added with relocations, p. 1917, § 7, effective July 1. L. 2021: (3) added by revision,(HB 21-1187), ch. 83, pp. 353, 354, §§ 69, 70.    Editor's note:   This section is similar to former § 26-4-525 as it existed prior to 2006.
CO Code § 25.5-6-209 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 2 - Nursing Facilities|§ 25.5-6-209. Establishment of Nursing Facility Provider Demonstration of Need - Criteria - Rules

  The state department, in making any medicaid certification determination, shall encourage an appropriate allocation of public health-care resources and the development of alternative or substitute methods of delivering health-care services so that adequate long-term care services are made reasonably available to every qualified recipient within the state at the appropriate level of care, at the lowest reasonable aggregate cost, and in the least restrictive setting. Medicaid certification determinations shall be made in accordance with , 527 U.S. 581 (1999).    The state department shall develop, analyze, and enforce a demonstration of need to determine the viability of and required need for each new nursing facility provider seeking medicaid certification. The requirement does not apply to a nursing facility provider certified prior to June 30, 2021.    In order to determine a valid demonstration of need, the state department shall, at a minimum, consider:   State demography office data illustrating the present or impending need within the requesting nursing facility's geographic area;    Quality and performance data of the requesting nursing facility or associated nursing facilities;    Business continuity and solvency information of the requesting nursing facility or associated nursing facilities;    Input from the department of public health and environment; the department of local affairs; the department of regulatory agencies; the department of labor and employment; and any local governments, including cities and counties; and    Measurable innovative practices of the requesting nursing facility.       No later than June 30, 2022, the state board shall promulgate rules pursuant to the “State Administrative Procedure Act”, article 4 of title 24, addressing the establishment of criteria to be used in determining a nursing facility provider's medicaid certification. The state board shall publicly consider and gather input on the demonstration of need criteria prior to promulgating rules. The state department shall consider input from, at a minimum:   Disability advocacy organizations;    Urban nursing facility providers;    Rural nursing facility providers;    Aging and older adult advocacy organizations; and    Nursing facility trade organizations.       Olmstead v. L.C.  History. Source: L. 2021: Entire section added, (HB 21-1227), ch. 192, p. 1014, § 1, effective September 7.
CO Code § 25.5-6-301 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-301. Short Title

 This part 3 shall be known and may be cited as the “Home- and Community-based Services for the Elderly, Blind, and Disabled Act”.   History. Source: L. 2006: Entire article added with relocations, p. 1937, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-601 as it existed prior to 2006.
CO Code § 25.5-6-302 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-302. Legislative Declaration

 The general assembly hereby finds and declares that it is the purpose of this part 3 to provide, under a federal waiver of statutory requirements, for an array of home- and community-based services to eligible elderly, blind, and disabled individuals as an alternative to nursing facility placement.   History. Source: L. 2006: Entire article added with relocations, p. 1937, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-602 as it existed prior to 2006.
CO Code § 25.5-6-304 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-304. Administration

 The provisions of this part 3 shall be administered by the state department.   History. Source: L. 2006: Entire article added with relocations, p. 1940, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-604 as it existed prior to 2006.
CO Code § 25.5-6-305 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-305. Provision of Services for Elderly and Blind Individuals and Individuals With Disabilities

 The provision of the services set forth in this part 3 shall be subject to the availability of federal matching medicaid funds, pursuant to Title XIX of the federal “Social Security Act”, as amended, for payment of the costs for administration and costs for the provision of such services.   History. Source: L. 2006: Entire article added with relocations, p. 1940, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-605 as it existed prior to 2006.   ANNOTATION   Annotator's note. Since § 25.5-6-305 is similar to § 26-4-605 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5 and § 26-4-605 is similar to § 26-4.5-104.5 as it existed prior to the 1991 repeal of article 4.5 of title 26, a relevant case construing that provision has been included in the annotations to this section.   Once person was initially determined to be eligible for HCBS benefits, his right to continued receipt of the same was similar to “property” right for purposes of the application of the due process clause of the Fourteenth Amendment. Thus, he could be deprived of those continued benefits only by means of a procedure that complied with the tenets of due process of law. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).   The principle that due process prevents a termination of benefits absent a demonstration of a change in circumstances, or other good cause, and that, if the termination of benefits is not to be deemed arbitrary, a showing of some change in circumstances is required applies to the benefits under this section. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).   In the absence of a waiver of any defect in the form of the notice, a notice of adverse action that does not substantially comply with the federal and state requirements cannot provide the basis for a deprivation of benefits. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).
CO Code § 25.5-6-306 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-306. Eligible Groups

  Home- and community-based services under this part 3 shall be offered only to persons:   Who are elderly, blind, or physically disabled; and    Who are in need of the level of care available in a nursing home; and    Who are categorically eligible for medical assistance, or whose gross income does not exceed three hundred percent of the current federal supplemental security income benefit level, and whose resources do not exceed the limit established for individuals receiving a mandatory minimum state supplementation of supplemental security income benefits or, in the case of a person who is married, do not exceed the amount authorized in section 25.5-6-101.       A long-term-care eligible person receiving home- and community-based services shall remain eligible for the services specified in sections 25.5-5-102, 25.5-5-103, 25.5-5-202, and 25.5-5-203, as applicable.     History. Source: L. 2006: Entire article added with relocations, p. 1940, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-606 as it existed prior to 2006.   ANNOTATION   Annotator's note. Since § 25.5-6-306 is similar to § 26-4-606 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5, a relevant case construing that provision has been included in the annotations to this section.   Department's decision reversing the determination by the administrative law judge (ALJ) that applicant was eligible for home- and community-based services had no reasonable basis in fact or law and district court erred in upholding department's decision. Moczygemba v. Colo. Dept. of Health Care Policy & Fin., 51 P.3d 1083 (Colo. App. 2002).   In determining eligibility, the ALJ is not limited to evidence that the case manager heard on the day of assessment. The ALJ may properly consider any testimony introduced at the hearing concerning the individual's condition as of the date of the level of care assessment. Reiff v. Colo. Dept. of Health Care Policy & Fin., 148 P.3d 355 (Colo. App. 2006).
CO Code § 25.5-6-307 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-307. Services for the Elderly, Blind, and Disabled

  Subject to the provisions of this part 3, home- and community-based services for the elderly, blind, and disabled include only the following services:   Adult day care;    Alternative care services;    Electronic monitoring services;    Home modification services;    Homemaker services;    Nonmedical transportation services;    Personal care services;    Respite care services;    Repealed.    Services provided under the consumer-directed care service model, part 11 of this article;    In-home support services provided pursuant to part 12 of this article.       All providers of home- and community-based services for the elderly, blind, and disabled may be separately certified to provide other services, if otherwise qualified.    A case management agency may be certified to provide the services described in subsection (1) of this section, if otherwise qualified as a provider under the state medical assistance program.      The case management agency, in coordination with the eligible person, the person's family or guardian, and the person's physician, shall include in each case plan a process by which the eligible person may receive necessary care, which may include respite care, if the eligible person's family or service provider is unavailable due to an emergency situation or to unforeseen circumstances. The eligible person and the person's family or guardian shall be duly informed by the case management agency of these alternative care provisions at the time the case plan is initiated.    The requirements of this subsection (4) shall not apply if the eligible person is residing in an alternative care facility.         History. Source: L. 2006: Entire article added with relocations, p. 1940, § 7, effective July 1. L. 2014: IP(1) amended and (1)(k) added,(HB 14-1357), ch. 254, p. 1015, § 4, effective March 1, 2015. L. 2018: (1)(i) repealed,(HB 18-1326), ch. 183, p. 1240, § 3, effective July 1.    Editor's note:   This section is similar to former § 26-4-607 as it existed prior to 2006.
CO Code § 25.5-6-308 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-308. Cost of Services

 Home- and community-based services for the elderly, blind, and disabled shall meet aggregate federal waiver budget neutrality requirements.   History. Source: L. 2006: Entire article added with relocations, p. 1941, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-607.5 as it existed prior to 2006.
CO Code § 25.5-6-309 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-309. Special Provisions - Post-Eligibility Treatment of Income

 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, whichever is less.   History. Source: L. 2006: Entire article added with relocations, p. 1941, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-608 as it existed prior to 2006.
CO Code § 25.5-6-310 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-310. Special Provisions - Personal Care Services Provided by a Family

  A member of an eligible person's family, other than the person's spouse, may be employed to provide personal care services to such person.    The maximum reimbursement for the services provided by a member of the person's family per year for each client shall not exceed the equivalent of four hundred forty-four service units per year for a member of the eligible person's family.     History. Source: L. 2006: Entire article added with relocations, p. 1942, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-609 as it existed prior to 2006.
CO Code § 25.5-6-311 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-311. Duties of State Department

  The state department shall:   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;    Provide a system for reimbursement for services provided pursuant to this part 3, which system shall encourage cost containment.        History. Source: L. 2006: Entire article added with relocations, p. 1942, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-610 as it existed prior to 2006.
CO Code § 25.5-6-312 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-312. Gifts - Grants

 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 general fund, and such moneys shall be appropriated to the state department to carry out the purposes of this article and articles 4 and 5 of this title.   History. Source: L. 2006: Entire article added with relocations, p. 1942, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-611 as it existed prior to 2006.
CO Code § 25.5-6-313 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-313. Rules - Federal Authorization

  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 facilities:   A definition of a restricted environment and a restrictive egress alert device;    Parameters governing how the restrictive egress alert device shall be used and tested and the staff roles regarding the use and oversight of the device; and    Parameters governing a restricted environment, including but not limited to staffing and training requirements; appropriateness of placement; assessment; participant's rights; records and reporting requirements; building requirements including grounds and fire safety; restrictive egress alert systems and devices; fencing or other enclosures; and the application process to offer a restricted environment.       The state department is authorized to seek any necessary federal authorization to implement the provisions of this part 3.     History. Source: L. 2006: Entire article added with relocations, p. 1942, § 7, effective July 1. L. 2010: (1.5) added,(HB 10-1053), ch. 276, p. 1267, § 4, effective May 26.    Editor's note:   This section is similar to former § 26-4-612 as it existed prior to 2006.   Cross references:   For the legislative declaration in the 2010 act adding subsection (1.5), see section 1 of chapter 1267, Session Laws of Colorado 2010.   ANNOTATION   Annotator's note. Since § 25.5-6-313 is similar to § 26-4-612 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5 and § 26-4-612 is similar to § 26-4.5-115 as it existed prior to the 1991 repeal of article 4.5 of title 26, a relevant case construing that provision has been included in the annotations to this section.   In the absence of a waiver of any defect in the form of the notice, a notice of adverse action that does not substantially comply with the federal and state requirements cannot provide the basis for a deprivation of benefits. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).   Reliance on the numerical point system formulated by the Department of Social Services as the sole criterion upon which to determine petitioner's continuing eligibility for benefits was in error when the system had never been made the subject of a formally adopted rule or regulation nor had claimant been given proper notice of its preeminent significance in determining benefit eligibility. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).
CO Code § 25.5-6-401 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 4 - Home- and Community-Based Services for Persons With Intellectual and Developmental Disabilities|§ 25.5-6-401. Short Title

 This part 4 shall be known and may be cited as the “Home- and Community-based Services for Persons with Developmental Disabilities Act”.   History. Source: L. 2006: Entire article added with relocations, p. 1942, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-621 as it existed prior to 2006.