CO Code § 25.5-10-211 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 10 - Community Living|Part 2 - Intellectual and Developmental Disabilities|§ 25.5-10-211. Eligibility Determination - Individualized Plan - Periodic Review - Rules - Repeal

     Any person may request an evaluation to determine whether he or she has an intellectual and developmental disability and is eligible to receive services and supports pursuant to this article 10. The person must apply for eligibility determination to the designated community-centered board in the designated service area where the person resides.    Pursuant to the contract with the state department, designated community-centered boards shall determine whether a person is eligible to receive services and supports pursuant to this article 10. For persons eligible for services and supports other than home- and community-based services, the designated community-centered board shall develop an individualized plan for him or her as part of his or her enrollment into a program.    For a person eligible for and authorized to receive home- and community-based services, designated community-centered boards shall refer the person to a third-party entity for selection of a case management agency.         Following intake and assessment, pursuant to subsection (2)(b) of this section, the designated community-centered board or the case management agency chosen by the person shall develop an individualized plan as provided by rules promulgated by the state board. The designated community-centered board shall develop an individualized family service plan for a child with disabilities from birth through two years of age pursuant to section 27-10.5-703.      The case management agency shall develop an individualized plan for persons enrolled in home- and community-based services. (b) (I) The case management agency shall develop an individualized plan for persons enrolled in home- and community-based services.    The designated community-centered board shall develop an individualized plan for persons eligible for other programs, as defined in section 25.5-10-202, and for a child with disabilities from birth through two years of age pursuant to section 27-10.5-703. (2.5) The state board shall promulgate rules pursuant to article 4 of title 24 setting forth the procedure and criteria for determination of eligibility and individualized plan development. The procedure and criteria must be uniform in nature and applied throughout the state in a consistent manner. The procedure and criteria established by the state board must conform with the provisions of section 25.5-10-211.5 relating to conflict-free case management.          Subject to available appropriations pursuant to section 25.5-10-206 and to the capacity of an individual service agency, the person with an intellectual and developmental disability must be provided options for services and supports within the designated service area that can appropriately meet the person's identified needs, as identified pursuant to subsection (2) of this section, and may select the case management agency and service agency from which to receive services or supports.      Each person receiving services must receive periodic and adequate reviews to ascertain whether the services and supports specified in his or her individualized plan have been provided, determine the appropriateness of current services and supports, identify whether the outcomes specified in the person's individualized plan have been achieved, and modify and revise current services or supports to meet the identified needs and preferences of the person receiving services. The designated community-centered board shall develop modifications or revisions to the individualized family service plan for a child with disabilities from birth through two years of age pursuant to section 27-10.5-703, C.R.S.    In order to accurately review the services and supports being provided, the community-centered board or regional center may make cognitive, physical, medical, behavioral, social, vocational, educational, or other necessary types of evaluations of a person receiving services. An intellectual and developmental disabilities professional shall supervise the reviews. The person receiving services, the parents or guardian of a minor, or the guardian of the person receiving services, and the authorized representative of the person receiving services may attend and shall receive adequate advance notice of the reviews. Parental or legal guardian consent must be obtained prior to administering evaluations for program review to minors. The results of a review must be given to the person receiving services and to the person's parent, or guardian, as appropriate, and must be made a part of the person's record.    A person's individualized plan must be reviewed at least annually; except that an individualized family service plan for a child with disabilities from birth through two years of age must be reviewed as required pursuant to part 7 of article 10.5 of title 27, C.R.S.       An individualized plan is not required for a person with intellectual and developmental disabilities who is eligible for supports and services and who is on a waiting list for enrollment into a program funded pursuant to this article. Each community-centered board shall provide information and referral services to each person on the waiting list for enrollment in a program, at the time of his or her eligibility and annually thereafter, regarding services and supports that are relevant to persons and are commonly used by persons with intellectual and developmental disabilities as provided by rules promulgated by the state board. The criteria for information and referral shall be uniform in nature and applied throughout the state in a consistent manner.    This section is repealed, effective July 1, 2024.     History. Source: L. 2013: Entire article added with relocations,(HB 13-1314), ch. 323, p. 1762, § 1, effective March 1, 2014. L. 2017: (1), (2), and (3) amended and (2.5) added,(HB 17-1343), ch. 320, p. 1726, § 8, effective June 5. L. 2021: (6) added by revision,(HB 21-1187), ch. 83, pp. 353, 354, §§ 69, 70.    Editor's note:   This section is similar to former § 27-10.5-106 as it existed prior to 2013.