reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11 - Older Coloradans' Act (§§ 26-11-100.1 — 26-11-302) › Part 2 - STATE OFFICE ON AGING (§§ 26-11-201 — 26-11-210) › Section 26-11-205 - Area agency on aging advisory council

(1)
Each area agency on aging, designated pursuant to section
26-11-203
, shall designate an advisory council consisting of a representative body of laypersons and service providers who represent the interests of older persons within the planning and service area. The advisory council shall:
(a)
Serve to advise the area agency on aging;
(b)
Actively seek advice from community organizations on aging, senior advocacy organizations, and other persons or entities interested in the needs and problems of older persons;
(c)
Act as an advocate for and represent the issues and concerns of older persons; and
(d)
Take an active role in the development, planning, and implementation of the area plan.
Amended by 2022 Ch. 38,§9, eff. 3/24/2022.
L. 85: Entire part added, p. 978, § 3, effective May 29.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11 - Older Coloradans' Act (§§ 26-11-100.1 — 26-11-302) › Part 2 - STATE OFFICE ON AGING (§§ 26-11-201 — 26-11-210) › Section 26-11-206 - Federal requirements - compliance

Nothing in this part 2 shall be construed to prevent the state department from complying with the requirements of the rules and regulations of the United States department of health and human services promulgated pursuant to the federal "Older Americans Act of 1965", as amended.
L. 85: Entire part 2 added, p. 978, § 3, effective May 29.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11 - Older Coloradans' Act (§§ 26-11-100.1 — 26-11-302) › Part 2 - STATE OFFICE ON AGING (§§ 26-11-201 — 26-11-210) › Section 26-11-210 - Adequacy review - appropriation for senior services - report

(1)
No later than August 2024, and each August every three years thereafter, the state department, the office of state planning and budgeting, and representatives from area agencies on aging shall review the adequacy of the appropriation for state funding for senior services for the prior three fiscal years to address the needs of senior citizens who request services pursuant to this article 11.
(2)
Notwithstanding section 24-1-136 (11)(a)(I), no later than November 1 of each year after the adequacy review is conducted pursuant to subsection (1) of this section, the state department shall report the findings of the adequacy review to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, and the joint budget committee.
(3)
At the state department's "SMART Act" hearing required by section 2-7-203 following the adequacy review conducted pursuant to subsection (1) of this section, the state department shall include as part of its presentation information concerning the findings of the adequacy review conducted pursuant to subsection (1) of this section.
Added by 2024 Ch. 246,§ 1, eff. 5/24/2024.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11 - Older Coloradans' Act (§§ 26-11-100.1 — 26-11-302) › Part 3 - LIFELONG COLORADO INITIATIVE (§§ 26-11-301 — 26-11-302) › Section 26-11-301 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Executive committee" means the executive committee elected by the commission in accordance with section
26-11-102
.
(2)
"Lifelong Colorado initiative" means the lifelong Colorado initiative created in section
26-11-302
to lead the development and implementation of state, regional, and local strategies that support aging and assist older Coloradans to lead independent, meaningful, and dignified lives in age-appropriate and affordable housing within their communities.
(3)
"State office" means the state office on aging within the department of human services created in section
26-11-202
.
(4)
"Strategic action plan on aging" means the strategic action plan on aging developed pursuant to section
24-32-3406
, as that section existed prior to June 30, 2022.
(5)
"Technical advisory committee" means the technical advisory committee convened in the state office pursuant to section
26-11-203
.
Amended by 2022 Ch. 95, § 7, eff. 4/12/2022.
Added by 2022 Ch. 38, § 8, eff. 3/24/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11 - Older Coloradans' Act (§§ 26-11-100.1 — 26-11-302) › Part 3 - LIFELONG COLORADO INITIATIVE (§§ 26-11-301 — 26-11-302) › Section 26-11-302 - Lifelong Colorado initiative - created - reporting

(1)
There is created the lifelong Colorado initiative within the state office. The purpose of the lifelong Colorado initiative is to:
(a)
Represent state, regional, and local strategies that support aging and assist older Coloradans to lead independent, meaningful, and dignified lives in their own homes and communities;
(b)
Represent the continued goals, priorities, and strategies aligned with the strategic action plan on aging and other strategies developed through ongoing work in the public, private, and nonprofit sectors that support older Coloradans;
(c)
Lead the development of age-friendly, livable communities; and
(d)
Align the state department's policy development and implementation through a demographic lens that supports aging across an individual's life.
(2)
Pursuant to section
26-11-203(1)(k)
, the state office shall convene the technical advisory committee no later than September 1, 2022, and meet at least quarterly. The duties of the technical advisory committee include, but are not limited to:
(a)
Identifying state department priorities that overlap with the goals and strategies provided in the strategic action plan on aging and recommendations the commission makes as set forth in section
26-11-105
;
(b)
Coordinating with respective state agencies and stakeholders to initiate policy development and implementation of appropriate strategies;
(c)
Developing trackable goals and metrics for strategies and programs and reporting on progress, which must be made publicly available pursuant to section
26-11-203(1)(l)
; and
(d)
Supporting the state office and commission with reporting requirements and tracking implementation and progress of the goals and strategies provided in the strategic action plan on aging and recommendations the commission makes as set forth in section
26-11-105
.
(3)
The technical advisory committee, in coordination with respective state agencies and the commission, shall identify appropriate policy staff within the governor's office for ongoing coordination and reporting needs.
(4)
The state office, in collaboration with the commission and technical advisory committee, shall coordinate with the state department to include in its report to the committees of reference, pursuant to the "Smart Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section
2-7-203
, information from the state office regarding the progress and barriers specific to the implementation of the strategic action plan on aging.
(5)
The state office, the technical advisory committee, the executive committee, and the state department liaison appointed pursuant to section
26-11-104
shall meet quarterly to ensure that the perspectives of older Coloradans and the state's perspective remain aligned to coordinate progress in the development of state programs and policy.
Added by 2022 Ch. 38,§8, eff. 3/24/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-101 - Short title

This article shall be known and may be cited as the "Colorado Long-term Care Ombudsman Act".
L. 90: Entire article added, p. 1401, § 1, effective April 10.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-102 - Legislative declaration

(1)
The general assembly hereby recognizes that the former state department of social services, currently the state department of human services, pursuant to the federal "Older Americans Act of 1965", as amended, has established a state long-term care ombudsman program.
(2)
The general assembly finds, determines, and declares that it is the public policy of this state to encourage community contact and involvement with patients, residents, and clients of long-term care facilities and PACE programs.
(3)
The general assembly further finds, determines, and declares that in order to comply with the federal "Older Americans Act of 1965", as amended, and effectively assist patients, residents, and clients of long-term care facilities in the assertion of their civil, human, and legal rights, the structure of a state long-term care ombudsman program and the powers and duties thereunder shall be specifically defined.
Amended by 2016 Ch. 270,§ 2, eff. 6/10/2016.
L. 90: Entire article added, p. 1401, § 1, effective April 10. L. 94: (1) amended, p. 2707, § 274, effective July 1. L. 2016: (2) amended, (SB 16-199), ch. 270, p. 1118, § 2, effective June 10.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-103 - Definitions

As used in this article 11.5, unless the context otherwise requires:
(1)
Repealed.
(2)
"Local ombudsman" means an individual trained and designated as qualified by the state long-term care ombudsman to act as a representative of the office of the state long-term care ombudsman.
(2.5)
"Local PACE ombudsman" means the person or persons trained and designated as qualified by the state PACE ombudsman to serve in areas of the state where PACE programs are operated and to act as a representative of the office of the state PACE ombudsman.
(3)
"Long-term care facility" or "facility" means:
(a)
A nursing care facility as defined in section
25.5-4-103 (14)
, C.R.S.;
(b)
An assisted living residence as defined in section
25-27-102
(1.3), C.R.S.;
(c)
Any swing bed in an extended care facility; and
(d)
A mental health facility participating in the pilot program established pursuant to section
25-3-123
.
(4)
"Office" means the state long-term care ombudsman office.
(5)
"Older Americans act" means the federal "Older Americans Act of 1965", as amended,
42 U.S.C. sec. 3001
.
(5.3)
"PACE" means a nonprofit or for-profit program of all-inclusive care for the elderly operated pursuant to section
25.5-5-412
, C.R.S.
(5.5)
"PACE participant" means any individual who is a current or prospective or former participant in any PACE program in the state.
(6)
"Resident" means any individual who is a current or prospective or former patient or client of any long-term care facility.
(7)
"State long-term care ombudsman" means the person designated to implement the state long-term care ombudsman program and to perform the duties and functions required under this article.
(8)
"State PACE ombudsman" means the person designated to implement the duties and functions required pursuant to section
26-11.5-113
.
Amended by 2019 Ch. 225, § 3, eff. 8/2/2019.
Amended by 2017 Ch. 363, § 1, eff. 6/5/2017.
Amended by 2016 Ch. 270, § 3, eff. 6/10/2016.
L. 90: Entire article added, p. 1402, § 1, effective April 10. L. 91: (3)(a) amended, p. 1857, § 18, effective April 11. L. 2003: (3)(b) amended, p. 1999, § 54, effective May 22. L. 2006: (3)(a) amended, p. 2019, § 105, effective July 1. L. 2016: (5.3), (5.5), and (8) added, (SB 16-199), ch. 1119, p. 1119, § 3, effective June 10. L. 2017: IP and (5.5) amended, (1) repealed, and (2.5) added, (HB 17-1264), ch. 1900, p. 1900, § 1, effective June 5. L. 2019: (3)(c) amended and (3)(d) added, (HB 19-1160), ch. 2262, p. 2262, § 3, effective August 2.
For the legislative declaration in HB 19-1160, see section 1 of chapter 225, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-104 - Creation of state and local long-term care and PACE ombudsman programs

(1)
Pursuant to the older Americans act, there is hereby established a state long-term care ombudsman program which shall be comprised of a state long-term care ombudsman office and local ombudsman offices established throughout the state.
(2)
The state long-term care ombudsman office shall be established and operated under the state department of human services either directly or by contract with or grant to any public agency or other appropriate private nonprofit organization; except that such office shall not be administered by any agency or organization responsible for licensing or certifying long-term care services in the state. The office shall be administered by a full-time qualified state long-term care ombudsman who shall be designated in accordance with rules and regulations promulgated by the state department.
(3)
Local long-term care and PACE ombudsman programs shall be established statewide. Such programs shall be operated by the state department under contract, grant, or agreement between the state department and a public agency or an appropriate private nonprofit organization. Personnel of local long-term care ombudsman programs must be trained and designated as qualified representatives of the office in accordance with section
26-11.5-105(1)(b)
. Personnel of local PACE ombudsman programs must be trained and designated as qualified representatives of the office in accordance with section
26-11.5-113(1)
(a.5).
(4)
A state PACE ombudsman office is established in the state long-term care ombudsman program to carry out the duties set forth in section
26-11.5-113
.
Amended by 2017 Ch. 363,§ 2, eff. 6/5/2017.
Amended by 2016 Ch. 270,§ 4, eff. 6/10/2016.
L. 90: Entire article added, p. 1402, § 1, effective April 10. L. 94: (2) amended, p. 2707, § 275, effective July 1. L. 2016: (4) added, (SB 16-199), ch. 270, p. 1119, § 4, effective June 10. L. 2017: (3) amended, (HB 17-1264), ch. 363, p. 1900, § 2, effective June 5.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-106 - Local ombudsmen - representatives of office

(1)
A local ombudsman or a local PACE ombudsman, whether an employee or volunteer of a local ombudsman program, is considered a representative of the office for the purposes of carrying out policies and procedures adopted by the state long-term care ombudsman or state PACE ombudsman in accordance with this article 11.5, but only upon the completion of training and designation as a qualified representative by the state long-term care ombudsman or state PACE ombudsman. As a representative of the office, a local ombudsman or a local PACE ombudsman shall follow rules of the state department and policies and procedures established by the state long-term care ombudsman or state PACE ombudsman.
(2)
Each local ombudsman or local PACE ombudsman shall carry an identification card issued annually and signed by the state long-term care ombudsman or state PACE ombudsman and shall, upon the request of a supervisory staff member of a facility, present such card in order to obtain access to residents and records of such facility.
Amended by 2017 Ch. 363,§ 4, eff. 6/5/2017.
L. 90: Entire article added, p. 1403, § 1, effective April 10. L. 2017: Entire section amended, (HB 17-1264), ch. 363, p. 1901, § 4, effective June 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-107 - Notice of ombudsman services

(1)
Every long-term care facility shall post in a conspicuous place a notice with the name, address, and phone number of the office and the name, address, and phone number of the nearest available local ombudsman program. Such notice shall be provided by the state long-term care ombudsman.
(2)
Each long-term care facility shall provide, in writing, to any resident eligible for ombudsman services pursuant to this article who is subject to an involuntary transfer from such facility the name, address, and phone number of the nearest available local ombudsman and the name, address, and phone number of the office. Such information shall be included on the notice required under section
25-1-120(1)(k)
, C.R.S.
(3)
Every PACE program shall post in a conspicuous place at all PACE facilities and provide to all PACE participants, in writing, a notice with the name, address, and phone number of the state PACE ombudsman, or his or her designee, and the name, address, and phone number of the nearest local PACE ombudsman. The state PACE ombudsman shall provide the notice to be posted by the PACE program.
Amended by 2017 Ch. 363,§ 5, eff. 6/5/2017.
Amended by 2016 Ch. 270,§ 5, eff. 6/10/2016.
L. 90: Entire article added, p. 1404, § 1, effective April 10. L. 2016: (3) added, (SB 16-199), ch. 270, p. 1119, § 5, effective June 10. L. 2017: (3) amended, (HB 17-1264), ch. 363, p. 1902, § 5, effective June 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-108 - Access to facility - residents - records - confidentiality

(1)
A long-term care ombudsman or PACE ombudsman, upon presenting a long-term care or PACE ombudsman identification card, must have immediate access to a long-term care facility, PACE center, or participant's residence and to its residents or participants eligible for ombudsman services pursuant to this article 11.5 for the purposes of effectively carrying out the provisions of this article 11.5.
(2)
In performing ombudsman duties and functions of their respective offices in accordance with this article, an ombudsman shall have access to review the medical and social records of a resident or PACE participant eligible for ombudsman services pursuant to this article, provided the resident or PACE participant has consented to such review. In the event consent to such review is not available because the resident or PACE participant is incapable of consenting and has no guardian to provide consent, the resident's records or PACE participant's records may be inspected by the state long-term care ombudsman or the state PACE ombudsman, respectively.
(2.5)
Repealed.
(3)
In carrying out the provisions of this section, each ombudsman shall follow procedures of confidentiality in accordance with the older Americans act.
Amended by 2017 Ch. 363,§ 6, eff. 6/5/2017.
Amended by 2016 Ch. 270,§ 6, eff. 6/10/2016.
L. 90: Entire article added, p. 1404, § 1, effective April 10. L. 2016: (2) amended and (2.5) added, (SB 16-199), ch. 270, p. 1119, § 6, effective June 10. L. 2017: (1) amended and (2.5) repealed, (HB 17-1264), ch. 363, p. 1902, § 6, effective June 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-110 - Immunity from liability

Any long-term care ombudsman or PACE ombudsman who, in good faith, acts within the scope of the duties and functions of this article 11.5 is immune from civil or criminal liability. For the purposes of this section, there is a rebuttable presumption that, when acting within the scope of the duties and functions of this article 11.5, an ombudsman acts in good faith. Nothing in this section abrogates or limits the immunity or exemption from civil liability of any agency, entity, or person under any statute, including the "Colorado Governmental Immunity Act", article
10
of title
24
.
Amended by 2017 Ch. 363,§ 8, eff. 6/5/2017.
L. 90: Entire article added, p. 1405, § 1, effective April 10. L. 2017: Entire section amended, (HB 17-1264), ch. 363, p. 1902, § 8, effective June 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-111 - Duties of state department - report - rules

(1)
In order to implement the provisions of this article 11.5, the state department shall carry out the following duties:
(a)
Establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities or PACE programs for the purpose of identifying and resolving significant problems, with specific provision for the submission of such data on a regular basis to the state agency responsible for licensing or certifying long-term care facilities and to the department of health care policy and financing for PACE organizations;
(b)
Establish procedures to assure that information contained in any files maintained in accordance with the state long-term care ombudsman program and state PACE ombudsman program shall be disclosed only at the discretion of the state long-term care ombudsman or the state PACE ombudsman, as applicable, and that the identity of a complainant be disclosed only with the written consent of such complainant or in accordance with a court order;
(c)
Ensure that individuals involved in the designation of the state long-term care ombudsman and the state PACE ombudsman, and any officer, employee, or volunteer of the statewide program performing ombudsman functions, do not have a conflict of interest;
(d)
Ensure that adequate legal counsel is available to an ombudsman for advice and counseling concerning the performance of ombudsman duties and functions and for legal representation of an ombudsman against whom legal action is brought in connection with the performance of ombudsman duties and functions provided for under this article;
(e)
Promulgate rules necessary for the efficient administration and operation of the state long-term care ombudsman program and state PACE ombudsman program; and
(f)
Repealed.
Amended by 2017 Ch. 363,§9, eff. 6/5/2017.
Amended by 2016 Ch. 270,§8, eff. 6/10/2016.
L. 90: Entire article added, p. 1405, § 1, effective April 10. L. 2016: (1)(a), (1)(b), and (1)(c) amended, (SB 16-199), ch. 270, p. 1120, § 8, effective June 10. L. 2017: IP(1), (1)(a), (1)(b), and (1)(e) amended and (1)(f) added, (HB 17-1264), ch. 363, p. 1903, § 9, effective June 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-112 - Federal requirements - compliance

Nothing in this article shall be construed to prevent the state department or the office from complying with the requirements of the rules and regulations of the United States department of health and human services promulgated pursuant to the older Americans act.
L. 90: Entire article added, p. 1406, § 1, effective April 10.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 11.5 - Colorado Long-term Care Ombudsman Program (§§ 26-11.5-101 — 26-11.5-114) › Section 26-11.5-114 - [Repealed]

Repealed by 2017 Ch. 363,§11, eff. 6/5/2017.
L. 2016: Entire section added, (SB 16-199), ch. 270, p. 1122, § 10, effective June 10. L. 2017: Entire section repealed, (HB 17-1264), ch. 363, p. 1904, § 11, effective June 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-101 - Short title

This article shall be known and may be cited as the "Veterans Community Living Centers Act".
Amended by 2014 Ch. 59,§ 5, eff. 8/6/2014.
Amended by 2013 Ch. 316,§ 84, eff. 8/7/2013.
L. 98: Entire article R&RE, p. 183, § 1, effective April 10. L. 2013: Entire section amended, (HB 13-1300), ch. 316, p. 1690, § 84, effective August 7. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 263, § 5, effective August 6.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Central fund" means the central fund for veterans community living centers established in section
26-12-108
.
(2)
"Executive director" means the executive director of the state department of human services.
(3)
"Resident" means a person who resides in a veterans center operated pursuant to the provisions of this article.
(4)
"State board" means the state board of human services.
(5)
"State department" means the state department of human services.
(6)
"Veterans center" means any veterans community living center and any program operated by a veterans community living center, including domiciliary services, day care, and any other programs at the center.
(7)
"Veterans community living center" means a veterans center that has been designed and constructed so as to qualify for federal funds under the provisions of federal Public Law 88-450, as amended, and that is operated so as to qualify for per diem payments from the United States veterans administration under the provisions of
38 U.S.C. sec. 1741
.
Amended by 2014 Ch. 59, § 6, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 183, § 1, effective April 10. L. 99: (5) amended, p. 627, § 32, effective August 4. L. 2009: Entire section amended, (SB 09 -056), ch. 177, p. 784, § 3, effective April 22. L. 2014: Entire section R&RE, (SB 14-096), ch. 59, p. 263, § 6, effective August 6.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-103 - State board duties - rule-making

The state board shall adopt rules for the management, control, and supervision of the veterans centers operated pursuant to the provisions of this article.
Amended by 2014 Ch. 59,§ 7, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 184, § 1, effective April 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 264, § 7, effective August 6.
This section is similar to former § 26-12-102 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-104 - Eligibility for care

(1)
A person must be considered for admission to a veterans center if he or she meets the eligibility requirements prescribed in state and federal regulations.
(2)
After admission, a resident shall be subject to periodic review as to financial status, need for continuing medical institutional care, and other eligibility factors.
(3)
A resident may be transferred or discharged for cause in accordance with federal regulations.
Amended by 2014 Ch. 59,§ 8, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 184, § 1, effective April 10. L. 2014: (1) amended, (SB 14-096), ch. 59, p. 264, § 8, effective August 6.
This section is similar to former § 26-12-103 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-105 - Application for admission - preference

(1)
Any person may apply for admission to a veterans center in the manner prescribed by rules of the state board.
(2)
Application for admission is voluntary, and a person admitted to a veterans center has the right to leave the veterans center at any time he or she chooses.
(3)
A veterans center shall review all applications for admission with reasonable promptness.
(4)
If the number of eligible applicants exceeds the available facilities in a veterans center, the veterans center shall give preference in admission to persons whose needs are greatest under standards established in state and federal regulations.
Amended by 2014 Ch. 59,§ 9, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 184, § 1, effective April 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 264, § 9, effective August 6.
This section is similar to former § 26-12-104 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-106 - Vacancies - additional admissions

In the event that vacancies occur in a veterans center and there are no applications for admission from persons eligible pursuant to section
26-12-104
, the veterans center shall be open for temporary occupancy to any person based on the person's need for medical care and ability to pay for services in accordance with the rules of the state board.
Amended by 2014 Ch. 59,§ 10, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 184, § 1, effective April 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 264, § 10, effective August 6.
This section is similar to former § 26-12-304 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-107 - Standards - management - employees - adult protective services data system check

(1)
Each veterans center shall be operated and maintained under standards established by the department of public health and environment.
(2)
Each veterans center must have:
(a)
A nursing home administrator; and
(b)
Such additional employees, including medical and nursing personnel, as may be required to provide services for which the veterans center was licensed.
(3)
All veterans centers must be managed as a group by the state department, unless the state department contracts for the management of a veterans center in accordance with section
26-12-119
.
(4)
On and after January 1, 2019, prior to employment, a veterans center shall submit the name of a person who will be providing direct care, as defined in section
26-3.1-101
(3.5), to an at-risk adult, as defined in section
26-3.1-101
(1.5), as well as any other required identifying information, to the state department for a check of the Colorado adult protective services data system pursuant to section
26-3.1-111
, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.
Amended by 2017 Ch. 272,§ 13, eff. 5/30/2017.
Amended by 2014 Ch. 59,§ 11, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 185, § 1, effective April 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 265, § 11, effective August 6. L. 2017: (4) added, (HB 17-1284), ch. 272, p. 1505, § 13, effective May 31.
This section is similar to former § 26-12-105 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-109 - County chargeability

For the purposes of this part 1, a resident in a veterans center must be a charge for public assistance purposes to the county in which the veterans center is located.
Amended by 2014 Ch. 59,§ 13, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 186, § 1, effective April 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 266, § 13, effective August 6.
This section is similar to former § 26-12-107 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-110 - Declaration of policy - enterprise status

(1)
A veterans center or group of veterans centers is an enterprise for purposes of section 20 of article X of the state constitution so long as:
(a)
The state department retains authority to issue anticipation warrants on behalf of the veterans center or group of veterans centers; and
(b)
The veterans center or group of veterans centers receives less than ten percent of its total annual revenues in grants from the state and all Colorado local governments combined.
(2)
So long as it constitutes an enterprise, a veterans center or group of veterans centers shall not be subject to any of the provisions of section 20 of article X of the state constitution.
Amended by 2014 Ch. 59,§ 14, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 186, § 1, effective April 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 267, § 14, effective August 6.
This section is similar to former § 26-12-109 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-111 - Proposed veterans community living centers - criteria

(1)
The state department, in consultation with the Colorado board of veterans affairs, is responsible for recommending any proposed sites for veterans centers to be constructed, leased, or purchased on or after July 1, 1998, to the capital development committee and the joint budget committee. The general assembly is responsible for the selection of any proposed site for such veterans centers.
(2)
When evaluating a potential site for a proposed veterans center, the following criteria must be considered:
(a)
The proximity of the proposed veterans center to veterans affairs medical services;
(b)
The impact the proposed veterans center would have upon the financial viability of existing veterans centers; and
(c)
Whether there is an established bed need for the proposed veterans center based upon the location of Colorado veterans, their families, and support systems.
(3)
A veterans center constructed, leased, or purchased on or after July 1, 1998, must have a bed capacity of at least one hundred twenty beds.
(4)
A veterans center must not be constructed on or after July 1, 1998, unless other veterans centers have maintained an average occupancy rate of at least eighty percent over the six-month period immediately prior to the commencement of the construction of the new veterans center.
Amended by 2014 Ch. 59,§ 15, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 186, § 1, effective April 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 267, § 15, effective August 6.
This section is similar to former § 26-12-109.5 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-113 - Anticipation warrants - legislative declaration

(1)
(a)
For the purpose of defraying the cost of construction of new facilities, reconstruction or improvement of existing facilities, and maintenance and operation of such facilities, the state department may, with the approval of the governor, issue anticipation warrants that shall be payable solely from the sinking fund account described in section
26-12-112
, and the payments and interest on such anticipation warrants shall be a first charge on and shall be payable from said account.
(b)
The general assembly hereby finds and declares that the authority to issue anticipation warrants as set forth in this section shall constitute authority to issue revenue bonds for the purposes of section 20 of article X of the state constitution.
(2)
Any other provision of this article notwithstanding, the state department may not issue any anticipation warrants or otherwise borrow funds for the construction of additional veterans centers, unless the construction of additional veterans centers is specifically authorized by law.
Amended by 2014 Ch. 59,§ 17, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 188, § 1, effective April 10. L. 2014: (2) amended, (SB 14-096), ch. 59, p. 268, § 17, effective August 6.
This section is similar to former § 26-12-111 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-114 - Interest - term

All anticipation warrants issued under the provisions of sections
26-12-110
to
26-12-118
shall bear interest at a rate determined by the state department and shall be executed in such a manner, shall be paid serially in such annual installments, beginning not later than two years and extending not more than twenty-five years from the date thereof, and shall be executed and paid at such place or places as the executive director shall determine.
L. 98: Entire article R&RE, p. 188, § 1, effective April 10.
This section is similar to former § 26-12-112 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-115 - Signatures validated

If any of the officers whose signatures or countersignatures appear on the anticipation warrants issued under the provisions of this article or coupons attached thereto cease to be such officers before delivery of such warrants, such signatures and countersignatures shall nevertheless be valid and sufficient for all purposes with the same force and effect as if they had remained in office until such delivery.
L. 98: Entire article R&RE, p. 189, § 1, effective April 10.
This section is similar to former § 26-12-113 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-116 - Obligations limited

(1)
Nothing in sections
26-12-110
to
26-12-118
shall be construed as to authorize the state department to incur any obligation of any kind or nature except such as shall be payable solely from moneys accruing to the special sinking fund account created pursuant to section
26-12-112
.
(2)
It shall be plainly stated on the face of each anticipation warrant that it has been issued under the provisions of sections
26-12-110
to
26-12-118
and that it does not constitute an indebtedness of the general fund of the state within the meaning of any constitutional provision or limitation.
L. 98: Entire article R&RE, p. 189, § 1, effective April 10.
This section is similar to former § 26-12-114 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-117 - Anticipation warrants legal investments

It is lawful for the state of Colorado, any of its departments, institutions, or agencies, or any political subdivision of the state to purchase anticipation warrants issued pursuant to the provisions of sections
26-12-110
to
26-12-118
if such warrants satisfy the investment requirements established in part 6 of article
75
of title
24
, C.R.S.; except that the state, its departments, institutions, or agencies, or any of its political subdivisions shall not invest more than twenty percent of the total of any specific fund of such entities in such warrants.
L. 98: Entire article R&RE, p. 189, § 1, effective April 10.
This section is similar to former § 26-12-115 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-118 - Order of payment of warrants

The anticipation warrants issued under this part 1 shall be serially numbered and shall be paid off and retired in the order in which they were issued.
L. 98: Entire article R&RE, p. 189, § 1, effective April 10.
This section is similar to former § 26-12-116 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-119 - Contractual agreements

(1)
The state department is authorized to contract with any public or private entity for all or part of the operation or management of any veterans center in accordance with the "Procurement Code", articles
101
to
112
of title
24
, C.R.S., and with part 5 of article
50
of title
24
, C.R.S.
(2)
Any contract authorized pursuant to subsection (1) of this section shall specify the entity's reporting relationship to the state and delineate responsibility for rate calculation, financial performance, liability, and compliance with section 20 of article X of the state constitution.
Amended by 2014 Ch. 59,§ 18, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 189, § 1, effective April 10. L. 2014: (1) amended, (SB 14-096), ch. 59, p. 269, § 18, effective August 6.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-120 - Intestate estate - escheat

(1)
If a resident dies without legal heirs and without a will disposing of his or her estate, all of the property, real and personal, shall pass to the state of Colorado for the sole use and benefit of the veterans center in which the resident lived at the time of his or her death, subject to the provisions of section
25.5-4-302
, C.R.S., and subsection (2) of this section.
(2)
(a)
The personal property and effects of deceased residents shall be taken into possession by the administrator of the veterans center in which the resident lived at the time of his or her death and held in accordance with the rules of the state board.
(b)
The rules of the state board must provide for a sufficient period of time, not to exceed one year, in which the heirs of a deceased resident may make claim to the deceased resident's property and effects. If a claim is not made to the property, the property may be sold, and the proceeds of the sale shall be placed in the benefit fund created by section
26-12-108 (2)
for the personal use and benefit of other residents of the veterans center in which the resident lived at the time of his or her death, subject to claims as a result of appropriate judicial proceedings.
Amended by 2014 Ch. 59, § 19, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 190, § 1, effective April 10. L. 2006: (1) amended, p. 2019, § 106, effective July 1. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 269, § 19, effective August 6.
This section is similar to former § 26-12-308 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 1 - MANAGEMENT, CONTROL, AND SUPERVISION (§§ 26-12-101 — 26-12-121) › Section 26-12-121 - Veterans community living centers - local advisory boards - rules

(1)
The state board, with input from the office within the state department responsible for the oversight of veterans community living centers, shall promulgate rules to establish the requirements and procedures governing the creation and operation of local advisory boards at each of the existing veterans centers within the state department, located in Homelake, Florence, Rifle, Aurora, and Walsenburg, Colorado.
(2)
Each local advisory board shall consist of at least five members. At least one of the members shall be a resident of the veterans center or a person who, at the time of his or her appointment, is a family member of a resident of the veterans center.
(3)
Repealed.
Amended by 2017 Ch. 348,§ 1, eff. 6/5/2017.
Amended by 2014 Ch. 59,§ 20, eff. 8/6/2014.
L. 2007: Entire section added, p. 280, § 1, effective July 1. L. 2009: (1) amended, (SB 09-056), ch. 177, p. 785, §6, effective April 22. L. 2011: (1) amended, (HB 11-1303), ch. 264, p. 1171, §76, effective August 10. L. 2014: (1) and (2) amended, (SB 14-096), ch. 59, p. 269, § 20, effective August 6. L. 2017: (3) repealed, (SB 17-219), ch. 348, p. 1831, § 1, effective June 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 2 - SPECIFIC VETERANS COMMUNITY LIVING CENTERS AUTHORIZED (§§ 26-12-201 — 26-12-207) › Section 26-12-201 - Veterans community living centers authorized

(1)
Repealed.
(2)
(a)
Subject to available appropriations, there is authorized the establishment and construction of veterans centers for veterans of service in the armed forces of the United States and their spouses, surviving spouses, or dependent parents. Each veterans center is known as a Colorado veterans community living center, collectively referred to in this article 12 as "veterans centers". The veterans centers are
type 2
entities, as defined by section
24-1-105
.
(b)
Veterans centers must be located at or near the city of Florence, at or near the city of Walsenburg, at or near the city of Rifle, at or near the city of Aurora, and in Homelake.
(3)
The state department shall evaluate any proposed sites for a new veterans center to be constructed, leased, or purchased on or after July 1, 1998, in accordance with section
26-12-111
.
(4)
The veterans centers shall be designed and constructed so as to qualify for federal funding under the provisions of federal Public Law 88-450, as amended. The veterans centers shall be under the control and supervision of the state department, and they shall be operated so as to qualify for per diem payments from the United States veterans administration under the provisions of
38 U.S.C. sec. 1741
.
Amended by 2022 Ch. 469, § 73, eff. 8/10/2022.
Amended by 2016 Ch. 202, § 3, eff. 6/1/2016.
Amended by 2014 Ch. 59, § 21, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 190, § 1, effective April 10. L. 99: (4) amended, p. 627, § 33, effective August 4. L. 2009: (1) amended, (SB 09 -056), ch. 177, p. 785, § 7, effective April 22. L. 2011: (1) repealed, (HB 11 -1303), ch. 264, p. 1171, § 77, effective August 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 270, § 21, effective August 6. L. 2016: (2)(b) amended, (HB 16-1397), ch. 202, p. 716, § 3, effective June 1.
This section is similar to former §§ 26-12-201 and 26-12-401 as they existed prior to 1998.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).