CO Code § 25.5-4-104 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 4 - Colorado Medical Assistance Act - General Medical Assistance|Part 1 - General Provisions|§ 25.5-4-104. Program of Medical Assistance - Single State Agency

  The state department, by rules, shall establish a program of medical assistance to provide necessary medical care for the categorically needy. The state department is hereby designated as the single state agency to administer such program in accordance with Title XIX and this article and articles 5 and 6 of this title. Such program shall not be required to furnish recipients under sixty-five years of age the benefits that are provided to recipients sixty-five years of age and over under Title XVIII of the social security act; but said program shall otherwise be uniform to the extent required by Title XIX of the social security act.    The state department may review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for medical assistance. The state department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the state department that the action or delay in taking action was a violation of or contrary to state department rules, make such decision as to the granting of medical benefits and the amount thereof as in its opinion is justifiable pursuant to the provisions of this article and articles 5 and 6 of this title and the rules of the state department. Applicants or recipients affected by such decisions of the state department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the state department.     History. Source: L. 2006: Entire article added with relocations, p. 1819, § 7, effective July 1.    Editor's note:   This section is similar to former § 26-4-104 as it existed prior to 2006.   ANNOTATION   Annotator's note. Since § 25.5-4-104 is similar to § 26-4-104 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5, relevant cases construing that provision have been included in the annotations to this section.   Program for “medically needy” not required. The superimposition of a program for the medically needy could create much administrative difficulty and uncertainty and encourage excessive medical expenses and resultant waste. Fullington v. Shea, 320 F. Supp. 500 (D. Colo. 1970 ), aff'd mem., 404 U.S. 963, 92 S. Ct. 345, 30 L. Ed. 2d 282 (1971), reh'g denied, 404 U.S. 1027, 92 S. Ct. 692, 30 L. Ed. 2d 678 (1972).   Since the federal laws relative to the “medically indigent” are optional, the failure of Colorado to extend medicaid to the “medically indigent” while at the same time extending it to the “categorical” recipients does not constitute an invalid discrimination violative of the equal protection clause of the fourteenth amendment to the constitution of the United States.Fullington v. Shea, 320 F. Supp. 500 (D. Colo. 1970 ), aff'd mem., 404 U.S. 963, 92 S. Ct. 345, 30 L. Ed. 2d 282 (1971), reh'g denied, 404 U.S. 1027, 92 S. Ct. 692, 30 L. Ed. 2d 678 (1972).   Applied in Dodge v. State Dept. of Soc. Servs., 657 P.2d 969 (Colo. App. 1982).