CO Code § 27-10.5-104 (2021)
2021 Colorado Code|Title 27 - Behavioral Health|Article 10.5 - Care and Treatment of Persons With Intellectual and Developmental Disabilities|Part 1 - Rights of Persons With Intellectual and Developmental Disabilities|§ 27-10.5-104. Authorized Services and Supports - Conditions of Funding - Purchase of Services and Supports - Boards of County Commissioners - Appropriation - Repeal

  [ ] Subject to annual appropriations by the general assembly, the department shall provide or purchase, pursuant to subsection (4) of this section, authorized services and supports from community-centered boards or service agencies for persons who have been determined to be eligible for such services and supports pursuant to section 27-10.5-106, and as specified in the eligible person's individualized plan. Those services and supports may include, but need not be limited to, the following:   Early intervention services and supports that offer infants and toddlers and their families services and supports to enhance child development in the areas of cognition, speech, communication, physical, motor, vision, hearing, social-emotional development, and self-help skills; parent-child or family interaction; and early identification, screening, and assessment services that are provided pursuant to part 7 of this article;    Case management services;    Day services and supports that offer opportunities for persons with intellectual and developmental disabilities to experience and actively participate in valued adult roles in the community. These services and supports will enable persons receiving services to access and participate in community activities, such as work, recreation, higher education, and senior citizen activities. Day services and supports, including early intervention services, may also include the administration of nutrition or fluids through gastrostomy tubes, if administered by a person authorized pursuant to section 27-10.5-103 (2)(i) and supervised by a licensed nurse or physician.    Residential services and supports, including an array of training, learning, experiential, and support activities provided in living alternatives designed to meet the individual needs of persons receiving services and may include the administration of nutrition or fluids through gastrostomy tubes, if administered by a person authorized pursuant to section 27-10.5-103 (2)(i) and supervised by a licensed nurse or physician; and    Ancillary services, including activities that are secondary but integral to the provision of the services and supports specified in this subsection (1).       Service agencies receiving funds pursuant to subsection (1) of this section shall comply with all of the provisions of this article and the rules promulgated thereunder.    Service and support coordination shall be purchased pursuant to part 7 of this article.      The department may purchase services and supports, including service and support coordination, directly from service agencies if:   Required by the federal requirements for the state to qualify for federal funds under Title XIX of the federal “Social Security Act”, as amended, including programs authorized pursuant to part 4 of article 6 of title 25.5, C.R.S.; or    (A) The executive director has determined that a service or support provided or purchased by a designated community-centered board does not meet established standards and the continuation of purchase of the service or support through the community-centered board is not in the best interests of the persons receiving services.       [ ] The department shall only purchase services and supports directly from those community-centered boards or service agencies that meet established standards.    Nothing in this section shall be construed to prohibit the provision of services and supports, including case management services, directly by the department through regional centers, for persons receiving services in regional centers.    Nothing in this section shall be construed to require the provision of services and supports, including case management services, directly by the department.         Each year the general assembly shall appropriate moneys to the department to provide or purchase services and supports for persons with intellectual and developmental disabilities pursuant to this section. Unless specifically provided otherwise, services and supports shall be purchased on the basis of state funding less any federal or cash funds received for general operating expenses from any other state or federal source, less funds available to a person receiving residential services or supports after such person receives an allowance for personal needs or for meeting other obligations imposed by federal or state law. The yearly appropriation, when combined with all other sources of funds, shall in no case exceed one hundred percent of the approved program costs as determined by the general assembly. Funds received for capital construction shall not be considered in the calculation for the distribution of funds under the provisions of this section.    The department is authorized to use up to three percent of the appropriation allocated for early intervention services and supports for training and technical assistance to ensure that the latest developments for early intervention services and supports are rapidly integrated into service provision throughout the state.       Editor's note: This version of the introductory portion to subsection (1) is effective until July 1, 2024.  (1) [ ] Subject to annual appropriations by the general assembly, the 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 determined to be eligible for such long-term services and supports pursuant to section 27-10.5-106 , and as specified in the eligible person's individualized plan. Those long-term services and supports may include, but need not be limited to, the following:  Editor's note: This version of the introductory portion to subsection (1) is effective July 1, 2024. Editor's note: This version of subsection (4)(b) is effective until July 1, 2024.  (b) [ ] The department shall only purchase long-term services and supports directly from those service agencies that meet established standards.  Editor's note: This version of subsection (4)(b) is effective July 1, 2024.   History. Source: L. 75: Entire article added, p. 909, § 1, effective July 1. L. 79: (6)(b) amended, p. 1640, § 48, effective July 19. L. 85: Entire section R&RE, p. 988, § 4, effective July 1. L. 88: (2) and (8) amended, p. 1082, § 3, effective April 9; (7)(b) amended, p. 812, § 13, effective May 24. L. 91: (1)(d) amended, p. 1163, § 5, effective March 29. L. 92: Entire section R&RE, p. 1359, § 4, effective July 1. L. 93: (1)(a) amended, p. 1789, § 75, effective June 6; IP(1), IP(4)(a), and (7)(a) amended, p. 1162, § 134, effective July 1, 1994. L. 94: (7)(b) amended, p. 823, § 51, effective April 27. L. 96: (5) amended, p. 472, § 6, effective July 1. L. 2008: Entire section amended, p. 2216, § 1, effective June 5; (4)(a.7) added, p. 2180, § 2, effective June 5; (1) and (3) amended, p. 1448, § 3, effective August 5. L. 2010: (7)(b) amended,(HB 10-1013), ch. 399, p. 1916, § 48, effective June 10. L. 2013: Entire section R&RE,(HB 13-1314), ch. 323, p. 1794, § 4, effective March 1, 2014. L. 2021: IP(1) and (4)(b) amended,(HB 21-1187), ch. 83, p. 348, § 57, effective July 1, 2024; (4)(a)(II)(B) added by revision,(HB 21-1187), ch. 83, pp. 348, 354, §§ 57, 70.    Editor's note:   Amendments to this section by House Bill 08-1366, Senate Bill 08-002, and House Bill 08-1220 were harmonized.   Cross references:   For the legislative declaration contained in the 1993 act amending the introductory portions to subsections (1) and (4)(a) and subsection (7)(a), see section 1 of chapter 230, Session Laws of Colorado 1993.   ANNOTATION   Annotator's note. Since provisions similar to those in repealed § 27-11-103 were included in this section as amended in 1985, relevant cases construing those provisions in the repealed section have been included in the annotations to this section.   School board lacks standing to challenge the constitutionality of this section because, as a political subdivision of the state whose duty it is to carry out the educational policies of the state, the school district and officers thereof cannot question the constitutionality of a statute fixing their duties. Denver Ass'n for Retarded Children v. Sch. Dist. No. 1, 188 Colo. 310 , 535 P.2d 200 (1975).   Kindergarten included in school district's “regular school program”. Where the defendant school board conceded that they maintain a free kindergarten for children who are five years of age and, but for the mental retardation or serious handicap of the children being educated through the board, they would attend the district's free kindergarten, such kindergarten is included in the school district's “regular school program” as that phrase is used in this section. Denver Ass'n for Retarded Children v. Sch. Dist. No. 1, 188 Colo. 310 , 535 P.2d 200 (1975).   Mandamus proper remedy. Subsection (7)(b) clearly requires that the “school district shall provide to the community incorporated board” a sum of money determined by a stated formula; therefore, the clear right of a school board to demand performance, and the clear legal duty on a school district to act, makes this a proper case for disposition by mandamus. Denver Ass'n for Retarded Children v. Sch. Dist. No. 1, 188 Colo. 310 , 535 P.2d 200 (1975).   Superintendent not proper party defendant in mandamus action. Since under § 22-32-107 the official duty of paying over the amounts in question as required by this section was that of the treasurer, as authorized by the board of education, and not that of the superintendent, the superintendent was not a proper party defendant in a mandamus action to require such payment. Denver Ass'n for Retarded Children v. Sch. Dist. No. 1, 188 Colo. 310 , 535 P.2d 200 (1975).   Amounts payable under section not subject to prejudgment interest. Since the amounts to be paid under this section arise neither out of contract nor out of a fiduciary relationship, the plaintiffs were not entitled to prejudgment interest. Denver Ass'n for Retarded Children v. Sch. Dist. No. 1, 188 Colo. 310 , 535 P.2d 200 (1975).   Applied in Adams County Cmty. Center for Retarded & Seriously Handicapped, Inc. v. State Dept. of Insts., 197 Colo. 448 , 594 P.2d 1046 (1979).