reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 14 - MEDICAID BUY-IN (§§ 25.5-6-1401 — 25.5-6-1406) › Section 25.5-6-1402 - [Effective Until 8/7/2024] Definitions

As used in this part 14, unless the context otherwise requires:
(1)
"Basic coverage group" means the category of eligibility under the federal "Ticket to Work and Work Incentives Improvement Act of 1999", Pub.L. 106-170, that provides an opportunity to buy into medicaid consistent with the federal "Social Security Act",
42 U.S.C. sec. 1396a (a)(10)(A)(ii)(XV)
, as amended, for each worker with disabilities who is at least sixteen years of age but less than sixty-five years of age and who, except for earnings, would be eligible for the supplemental security income program. A person who is eligible under the basic coverage group may also be a home- and community-based services waiver recipient.
(2)
"Family" means an individual, the individual's spouse, and any dependent child of the individual.
(3)
"Health insurance" means surgical, medical, hospital, major medical, or other health service coverage, including a self-insured health plan, but does not include hospital indemnity policies or ancillary coverages such as income continuation, loss of time, or accident benefits.
(4)
"Medicaid buy-in program" means a program that gives each person with disabilities the opportunity to buy into medicaid if the person meets the eligibility criteria specified in section
25.5-6-1404
.
(5)
"Medical improvement group" means the category of eligibility under the federal "Ticket to Work and Work Incentives Improvement Act of 1999", Pub.L. 106-170, that provides an opportunity to buy into medicaid consistent with the federal "Social Security Act",
42 U.S.C. sec. 1496a (a)(10)(A)(ii)(XV)
, as amended, for each worker with a medically improved disability who is at least sixteen years of age but less than sixty-five years of age and who was previously in the basic coverage group and is no longer eligible for the basic coverage group due to medical improvement. A person who is eligible under the medical improvement group may also be a home- and community-based services waiver recipient.
(6)
"Work incentives eligibility group" means the category of eligibility under the federal "Balanced Budget Act of 1997", Pub.L. 105-33, 111, as amended, for individuals with a disability who, except for assets or income, would be eligible for the supplemental security income program. This eligibility applies to individuals who are sixty-five years of age or older.
Amended by 2020 Ch. 237, § 1, eff. 7/6/2020.
L. 2008: Entire part added, p. 2197, § 1, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For additional definitions applicable to this part 14, see § 25.5-4-103.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 14 - MEDICAID BUY-IN (§§ 25.5-6-1401 — 25.5-6-1406) › Section 25.5-6-1402 - [Effective 8/7/2024] Definitions

As used in this part 14, unless the context otherwise requires:
(1)
"Basic coverage group" means the category of eligibility under the federal "Ticket to Work and Work Incentives Improvement Act of 1999", Pub.L. 106-170, that provides an opportunity to buy into medicaid consistent with the federal "Social Security Act",
42 U.S.C. sec. 1396a (a)(10)(A)(ii)(XV)
, as amended, for each worker with disabilities who is at least sixteen years of age but less than sixty-five years of age and who, except for earnings, would be eligible for the supplemental security income program. A person who is eligible under the basic coverage group may also be a home- and community-based services waiver Member.
(2)
"Family" means an individual, the individual's spouse, and any dependent child of the individual.
(3)
"Health insurance" means surgical, medical, hospital, major medical, or other health service coverage, including a self-insured health plan, but does not include hospital indemnity policies or ancillary coverages such as income continuation, loss of time, or accident benefits.
(4)
"Medicaid buy-in program" means a program that gives each person with disabilities the opportunity to buy into medicaid if the person meets the eligibility criteria specified in section
25.5-6-1404
.
(5)
"Medical improvement group" means the category of eligibility under the federal "Ticket to Work and Work Incentives Improvement Act of 1999", Pub.L. 106-170, that provides an opportunity to buy into medicaid consistent with the federal "Social Security Act", 42 U.S.C. sec. 1496a (a)(10)(A)(ii)(XV), as amended, for each worker with a medically improved disability who is at least sixteen years of age but less than sixty-five years of age and who was previously in the basic coverage group and is no longer eligible for the basic coverage group due to medical improvement. A person who is eligible under the medical improvement group may also be a home- and community-based services waiver Member.
(6)
"Work incentives eligibility group" means the category of eligibility under the federal "Balanced Budget Act of 1997", Pub.L. 105-33, 111, as amended, for individuals with a disability who, except for assets or income, would be eligible for the supplemental security income program. This eligibility applies to individuals who are sixty-five years of age or older.
Amended by 2024 Ch. 152,§ 94, eff. 8/7/2024.
Amended by 2020 Ch. 237, § 1, eff. 7/6/2020.
L. 2008: Entire part added, p. 2197, § 1, effective July 1.
2024 Ch. 152, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For additional definitions applicable to this part 14, see § 25.5-4-103.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 14 - MEDICAID BUY-IN (§§ 25.5-6-1401 — 25.5-6-1406) › Section 25.5-6-1405 - Rule-making authority

(1)
The state board shall promulgate rules necessary to implement and administer the medicaid buy-in program created in this part 14, including the establishment of appropriate premium and cost-sharing charges on a sliding-fee scale based on income. The premiums and cost-sharing charges shall be based upon an actuarial study of the disabled population in this state.
(2)
Any rules adopted by the state board must be consistent with the federal "Ticket to Work and Work Incentives Improvement Act of 1999", Pub.L. 106-170, and the "Balanced Budget Act of 1997", Pub.L. 105-33, 111, as amended.
Amended by 2020 Ch. 237, § 4, eff. 7/6/2020.
L. 2008: Entire part added, p. 2200, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 14 - MEDICAID BUY-IN (§§ 25.5-6-1401 — 25.5-6-1406) › Section 25.5-6-1406 - Availability of federal financial assistance under medical assistance

Notwithstanding any other provision of law, this part 14 shall be implemented only if, and to the extent that, the state department determines that federal financial participation is available under the medicaid program.
L. 2008: Entire part added, p. 2200, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 16 - HOME CARE EMPLOYEES'COMPENSATION AND TRAINING (§§ 25.5-6-1601 — 25.5-6-1605) › Section 25.5-6-1601 - [Effective until 7/1/2025] Definitions

As used in this part 16, unless the context otherwise requires:
(1)
"Compensation" has the meaning set forth in section 25.5-6-406(2)(b)(I).
(2)
"Health maintenance activities" has the meaning set forth in section 25.5-6-1202(4).
(3)
"Home care agency" has the meaning set forth in section
25-27.5-102(3)
.
(4)
"Homemaker services" has the meaning set forth in section 25.5-6-303(11).
(5)
"In-home support service agency" has the meaning set forth in section 25.5-6-1202(5).
(6)
"In-home support services" has the meaning set forth in section 25.5-6-1202(6); except that the term does not include health maintenance activities.
(7)
"Personal care services" has the meaning set forth in section
25-27.5-102(6)
.
Added by 2019 Ch. 319, § 1, eff. 5/28/2019.
L. 2019: Entire part added, (SB 19-238), ch. 2964, p. 2964, § 1, effective May 28.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For additional definitions applicable to this part 16, see § 25.5-4-103.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 16 - HOME CARE EMPLOYEES'COMPENSATION AND TRAINING (§§ 25.5-6-1601 — 25.5-6-1605) › Section 25.5-6-1601 - [Effective 7/1/2025] Definitions

As used in this part 16, unless the context otherwise requires:
(1)
"Compensation" has the meaning set forth in section 25.5-6-406(2)(b)(I).
(2)
"Health maintenance activities" has the meaning set forth in section 25.5-6-1901 (2).
(3)
"Home care agency" has the meaning set forth in section
25-27.5-102(3)
.
(4)
"Homemaker services" has the meaning as set forth in section 25.5-6-1901 (3).
(5)
"In-home support service agency" has the meaning set forth in section 25.5-6-1202(5).
(6)
"In-home support services" has the meaning set forth in section 25.5-6-1202(6); except that the term does not include health maintenance activities.
(7)
"Personal care services" has the meaning set forth in section
25-27.5-102(6)
.
Amended by 2023 Ch. 270,§ 16, eff. 7/1/2025.
Added by 2019 Ch. 319, § 1, eff. 5/28/2019.
L. 2019: Entire part added, (SB 19-238), ch. 2964, p. 2964, § 1, effective May 28.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For additional definitions applicable to this part 16, see § 25.5-4-103.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 16 - HOME CARE EMPLOYEES'COMPENSATION AND TRAINING (§§ 25.5-6-1601 — 25.5-6-1605) › Section 25.5-6-1602 - [Effective Until 8/7/2024] State department to request increase in reimbursement rate for certain services

(1)
Not more than ninety days after May 28, 2019, the state department shall request from the federal government an increase of eight and one-tenth percent in the reimbursement rate for the following services delivered to consumers through the home- and community-based services waivers:
(a)
Homemaker;
(b)
Homemaker enhanced; and
(c)
Personal care.
(2)
For the 2019-20 fiscal year, each home care agency shall pay one hundred percent of the funding that results from the rate increase described in subsection (1) of this section as compensation for employees who provide personal care services, homemaker services, and in-home support services to consumers. This compensation shall be provided in addition to the rate of compensation that the employee was receiving as of June 30, 2019. For an employee who was hired after June 30, 2019, the home care agency shall use the lowest compensation paid to an employee of similar functions and duties as of June 30, 2019, as the base compensation to which the increase is applied.
(3)
Within sixty days after the request described in subsection (1) of this section is approved, each home care agency shall provide written notification to each nonadministrative employee of the agency who provides personal care services, homemaker services, or in-home support services of the compensation they are entitled to pursuant to subsection (2) of this section.
Added by 2019 Ch. 319, § 1, eff. 5/28/2019.
L. 2019: Entire part added, (SB 19-238), ch. 2965, p. 2965, § 1, effective May 28.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 16 - HOME CARE EMPLOYEES'COMPENSATION AND TRAINING (§§ 25.5-6-1601 — 25.5-6-1605) › Section 25.5-6-1602 - [Effective 8/7/2024] State department to request increase in reimbursement rate for certain services

(1)
Not more than ninety days after May 28, 2019, the state department shall request from the federal government an increase of eight and one-tenth percent in the reimbursement rate for the following services delivered to members through the home- and community-based services waivers:
(a)
Homemaker;
(b)
Homemaker enhanced; and
(c)
Personal care.
(2)
For the 2019-20 fiscal year, each home care agency shall pay one hundred percent of the funding that results from the rate increase described in subsection (1) of this section as compensation for employees who provide personal care services, homemaker services, and in-home support services to members. This compensation is provided in addition to the rate of compensation that the employee was receiving as of June 30, 2019. For an employee who was hired after June 30, 2019, the home care agency shall use the lowest compensation paid to an employee of similar functions and duties as of June 30, 2019, as the base compensation to which the increase is applied.
(3)
Within sixty days after the request described in subsection (1) of this section is approved, each home care agency shall provide written notification to each nonadministrative employee of the agency who provides personal care services, homemaker services, or in-home support services of the compensation they are entitled to pursuant to subsection (2) of this section.
Amended by 2024 Ch. 152,§ 95, eff. 8/7/2024.
Added by 2019 Ch. 319, § 1, eff. 5/28/2019.
L. 2019: Entire part added, (SB 19-238), ch. 2965, p. 2965, § 1, effective May 28.
2024 Ch. 152, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 16 - HOME CARE EMPLOYEES'COMPENSATION AND TRAINING (§§ 25.5-6-1601 — 25.5-6-1605) › Section 25.5-6-1604 - Training for home care agency employees - process for reviewing and enforcing training requirements

(1)
On or before January 1, 2020, the state department and the department of public health and environment, in consultation with stakeholders, shall establish a process for reviewing and enforcing initial and ongoing training requirements for persons who provide personal care services, homemaker services, and in-home support services for which a home care agency may receive reimbursement pursuant to the "Colorado Medical Assistance Act", as such requirements are set forth in this section and in rules promulgated by the state board. The stakeholders must include, but are not limited to:
(a)
One or more consumer advocacy organizations;
(b)
One or more personal care workers;
(c)
One or more worker organizations;
(d)
One or more home care agencies;
(e)
One or more disability advocacy organizations;
(f)
One or more senior advocacy organizations; and
(g)
One or more children's advocacy organizations.
(2)
The stakeholders with whom the departments consult pursuant to subsection (1) of this section shall discuss and advise the departments concerning the manner in which nonadministrative employees will be notified of the compensation increases and minimum wage described in sections
25.5-6-1602
and
25.5-6-1603
.
Added by 2019 Ch. 319, § 1, eff. 5/28/2019.
L. 2019: Entire part added, (SB 19-238), ch. 2967, p. 2967, § 1, effective May 28.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 16 - HOME CARE EMPLOYEES'COMPENSATION AND TRAINING (§§ 25.5-6-1601 — 25.5-6-1605) › Section 25.5-6-1605 - Exemptions

(1)
Notwithstanding any provision of this part 16 to the contrary, this part 16 does not apply to services provided under:
(a)
The consumer-directed attendant support services model; or
(b)
The pediatric personal care benefit.
Added by 2019 Ch. 319,§ 1, eff. 5/28/2019.
L. 2019: Entire part added, (SB 19-238), ch. 2968, p. 2968, § 1, effective May 28.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 17 - CASE MANAGEMENT SERVICES FOR LONG-TERMSERVICES AND SUPPORTS (§§ 25.5-6-1701 — 25.5-6-1709) › Section 25.5-6-1701 - Legislative declaration

The general assembly finds and declares that there is a need to ensure a high-performing statewide case management system exists that serves all populations of people who qualify for long-term services and supports. The case management system includes, but is not limited to, intake and eligibility screening and determination, outreach, and other administrative activities and case management services. The five key outcomes of the statewide case management system must include federal compliance, quality, simplicity, stability, and accountability.
Added by 2021 Ch. 83,§1, eff. 9/7/2021.
L. 2021: Entire part added, (HB 21-1187), ch. 313, p. 313, §1, effective September 7.
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 17 - CASE MANAGEMENT SERVICES FOR LONG-TERMSERVICES AND SUPPORTS (§§ 25.5-6-1701 — 25.5-6-1709) › Section 25.5-6-1703 - Case management system - defined service areas - case management services - only willing and qualified provider exemption - rules

(1)
No later than July 1, 2024, the state board shall adopt rules providing for the establishment of a case management system that consists of case management agencies throughout the state for the purpose of enabling individuals in need of long-term care to access appropriate long-term services and supports. Members in need of specialized assistance may be referred to other services outside of long-term services and supports, as necessary for additional care coordination.
(2)
No later than December 31, 2021, the state department shall work with stakeholders to develop a timeline for the implementation of this part 17.
(3)
(a)
No later than December 31, 2022, the state department shall issue a competitive solicitation in order to select case management agencies pursuant to subsection (1) of this section. The competitive solicitation must include a reimbursement structure developed through a fiscal analysis.
(b)
No later than January 31, 2023, the state department shall provide an update on the status of the implementation of this part 17 to the joint budget committee of the general assembly as part of its annual presentation to that committee.
(4)
The state department shall utilize a stakeholder process to identify defined service areas for case management agencies across the state.
(5)
A case management agency may provide case management services to private paying individuals on a fee-for-service basis and shall provide case management services to members of publicly funded long-term services and supports programs, including but not limited to programs created pursuant to this article 6 and article
10
of this title 25.5.
(6)
Where applicable, the state department is authorized to seek a federal exemption from conflict-free case management requirements for defined service areas within the state where the only willing and qualified entity to provide case management services is also the only willing and qualified entity to provide home- and community-based services in that defined service area.
(7)
The state board shall utilize a stakeholder process when promulgating rules to implement this section.
Added by 2021 Ch. 83,§1, eff. 9/7/2021.
L. 2021: Entire part added, (HB 21-1187), ch. 315, p. 315, §1, effective September 7.
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 17 - CASE MANAGEMENT SERVICES FOR LONG-TERMSERVICES AND SUPPORTS (§§ 25.5-6-1701 — 25.5-6-1709) › Section 25.5-6-1704 - Intellectual and developmental disability determination - functional eligibility determination - rules

(1)
Intellectual and developmental disability determination.
Any person may request an evaluation to determine whether the person has a developmental delay or an intellectual and developmental disability and is eligible to receive long-term services and supports pursuant to this article 6 and article
10
of this title 25.5. The person must request a developmental delay determination or intellectual and developmental disabilities determination from the case management agency or the entity in the defined service area where the person resides.
(2)
Functional eligibility determination.
Pursuant to the contract with the state department, a case management agency shall determine whether a person is eligible to receive long-term services and supports pursuant to this article 6 and article
10
of this title 25.5. A case management agency or an entity shall develop a person-centered support plan for persons eligible for long-term services and supports for home- and community-based services and state general-funded programs.
(3)
The state board shall promulgate rules pursuant to article
4
of title
24
setting forth the procedure and criteria for determination of eligibility and person-centered support plan development. The procedure and criteria must be uniform in nature and applied throughout the state in a consistent manner.
(4)
Subject to available appropriations pursuant to section
25.5-10-206
and to the capacity of a service provider, the person must be provided options for long-term services and supports within the defined service area that can appropriately meet the person's identified needs, pursuant to this section.
Added by 2021 Ch. 83, § 1, eff. 9/7/2021.
L. 2021: Entire part added, (HB 21 -1187), ch. 316, p. 316, § 1, effective September 7.
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 17 - CASE MANAGEMENT SERVICES FOR LONG-TERMSERVICES AND SUPPORTS (§§ 25.5-6-1701 — 25.5-6-1709) › Section 25.5-6-1705 - Person-centered support plan

(1)
Each member receiving services shall have a person-centered support plan, or a similar plan specified by the state department, developed and managed by a case management agency or an entity, and subject to review and approval pursuant to section
25.5-6-404
. The person-centered support plan shall:
(a)
Be based on the particular service needs of the member receiving services;
(b)
Describe the services necessary to avoid institutionalization;
(c)
Ensure the member receives services in the setting of the member's choice; and
(d)
Identify the supports needed for the member to achieve personally identified goals.
(2)
Pursuant to this section, the person-centered support plan for each member receiving services must be reviewed at least annually and modified as necessary or appropriate.
(3)
A person-centered support plan is not required for a person with an intellectual and developmental disability or a developmental delay who is eligible for long-term services and supports and who is on a waiting list for enrollment into a program funded pursuant to article
10
of this title 25.5. Each case management agency shall provide information and referral services to each member on the waiting list for enrollment in a program at the time of the member's eligibility and annually thereafter, regarding long-term services and supports that are relevant to persons and are commonly used by persons with intellectual and developmental disabilities and a developmental delay as provided by rules promulgated by the state board. The criteria for information and referral must be uniform in nature and applied throughout the state in a consistent manner.
Added by 2021 Ch. 83, § 1, eff. 9/7/2021.
L. 2021: Entire part added, (HB 21 -1187), ch. 316, p. 316, § 1, effective September 7.
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 17 - CASE MANAGEMENT SERVICES FOR LONG-TERMSERVICES AND SUPPORTS (§§ 25.5-6-1701 — 25.5-6-1709) › Section 25.5-6-1706 - Termination of long-term services and supports for member receiving services

(1)
A member receiving long-term services and supports pursuant to this article 6 or article
10
of this title 25.5 must be terminated from long-term services and supports upon a determination, made pursuant to the person-centered support planning process, that the long-term services and supports are no longer necessary. Prior to the effective date of the termination, notification of termination must be given to the member receiving services, the parents or guardian of a minor receiving services, and the person's legal guardian or other legal representative when applicable. A member terminated from services pursuant to this subsection (1) has a right to challenge the termination in accordance with state department rules.
(2)
When a member receiving services notifies the case management agency that the member no longer wishes to receive long-term services and supports, the member must be terminated from long-term services and supports unless the member is subject to a petition to impose a legal disability or to remove a legal right, filed pursuant to section
25.5-10-216
, or the member has a legal guardian or other legal representative appointed affecting the member's ability to voluntarily terminate long-term services and supports. The parents of a minor who is receiving long-term services and supports and the minor's guardian must be notified of the minor's wish to terminate long-term services and supports, but no minor's long-term services and supports will be terminated without the consent of the minor's parent or legal guardian.
Added by 2021 Ch. 83, § 1, eff. 9/7/2021.
L. 2021: Entire part added, (HB 21 -1187), ch. 317, p. 317, § 1, effective September 7.
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 17 - CASE MANAGEMENT SERVICES FOR LONG-TERMSERVICES AND SUPPORTS (§§ 25.5-6-1701 — 25.5-6-1709) › Section 25.5-6-1709 - Community-centered board designation - rules

The state department shall develop a process to designate local or regional organizations as community-centered boards. The state department shall promulgate rules outlining the designation process no later than July 1, 2024. Any contracts or agreements entered into pursuant to this section are exempt from the "Procurement Code", articles
101
to
112
of title
24
.
Added by 2021 Ch. 83,§1, eff. 9/7/2021.
L. 2021: Entire part added, (HB 21-1187), ch. 323, p. 323, §1, effective September 7.
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 18 - COLORADO MEDICAL ASSISTANCE PROGRAM REQUIREMENTS FOR DISBURSEMENT OF FEDERAL FUNDS UNDER THE FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021" (§§ 25.5-6-1801 — 25.5-6-1806) › Section 25.5-6-1801 - Legislative declaration

(1)
The general assembly finds and declares that Colorado has a long-standing commitment to serving older adults and people with disabilities through home- and community-based services that enable them to stay in their homes in their communities.
(2)
Therefore, the general assembly declares that Colorado is committed to maximizing the impact of the one-time, ten-percentage-point increase in the federal matching rate for medicaid home- and community-based services, as outlined in section 9817 of the federal "American Rescue Plan Act of 2021", to implement or supplement the implementation of one or more activities to enhance, expand, and strengthen medicaid-funded home- and community-based services.
Added by 2021 Ch. 395,§1, eff. 6/30/2021.
L. 2021: Entire part added, (SB 21-286), ch. 2621, p. 2621, § 1, effective June 30.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 18 - COLORADO MEDICAL ASSISTANCE PROGRAM REQUIREMENTS FOR DISBURSEMENT OF FEDERAL FUNDS UNDER THE FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021" (§§ 25.5-6-1801 — 25.5-6-1806) › Section 25.5-6-1802 - Definitions

As used in this part 18, unless the context otherwise requires:
(1)
"American Rescue Plan Act" means the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended.
(2)
"Home- and community-based services" means any of the following:
(a)
Home health-care services authorized pursuant to paragraph (7) of section 1905(a) of the "Social Security Act",
42 U.S.C. 1396d(a)
;
(b)
Personal care services authorized pursuant to paragraph (24) of section 1905(a) of the "Social Security Act",
42 U.S.C. 1396d(a)
;
(c)
PACE services authorized pursuant to paragraph (26) of section 1905(a) of the "Social Security Act",
42 U.S.C. 1396d(a)
;
(d)
Home- and community-based services authorized pursuant to subsections (b), (c), (i), (j), and (k) of section 1915 of the "Social Security Act",
42 U.S.C. 1396n
; services authorized pursuant to a waiver under section 1115 of the "Social Security Act",
42 U.S.C. 1315
; and services through coverage authorized under section 1937 of the "Social Security Act",
42 U.S.C. 1396u-7
;
(e)
Case management services authorized under section 1905(a)(19) of the "Social Security Act",
42 U.S.C. 1396d(a)(19)
, and section
1915(g)
of the "Social Security Act",
42 U.S.C. 1396n(g)
;
(f)
Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of the "Social Security Act",
42 U.S.C. 1396d(a)(13)
; and
(g)
Such other services specified by the United States secretary of health and human services.
(3)
"Social Security Act" means the federal "Social Security Act", as amended.
Added by 2021 Ch. 395, § 1, eff. 6/30/2021.
L. 2021: Entire part added, (SB 21-286), ch. 2622, p. 2622, § 1, effective June 30.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 18 - COLORADO MEDICAL ASSISTANCE PROGRAM REQUIREMENTS FOR DISBURSEMENT OF FEDERAL FUNDS UNDER THE FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021" (§§ 25.5-6-1801 — 25.5-6-1806) › Section 25.5-6-1804 - Spending plan - approval by joint budget committee - reporting

(1)
(a)
As soon as practicable after receiving federal guidance, the state department shall submit a proposed spending plan for expenditures pursuant to this part 18 to the joint budget committee for the committee's rejection or approval. If a proposed spending plan is rejected, the state department shall resubmit a new plan as soon as possible. The joint budget committee may make recommendations for modifications to the spending plan. The state department shall not implement the spending plan unless the joint budget committee approves the spending plan.
(b)
The state department shall identify in the plan the data, research, and evidence used to determine the spending plan in a manner consistent with the instructions published by the office of state planning and budgeting pursuant to section
24-37-302(1)(a)
.
(c)
The spending plan must incorporate any available federal funds.
(d)
The state department shall not include provisions in the spending plan or implement provisions of the spending plan that are not eligible for funding pursuant to federal guidance relating to the "American Rescue Plan Act".
(2)
Commencing November 1, 2021, and occurring quarterly thereafter, the state department shall report to the joint budget committee concerning the status of expenditures pursuant to this part 18.
(3)
The reports must include:
(a)
The scope, intended impact, and amount of money disbursed from the money received pursuant to the "American Rescue Plan Act";
(b)
A description of how the state department incorporated stakeholder feedback into plans for the disbursement of money; and
(c)
An update as to the total amount of money disbursed from the money received pursuant to the "American Rescue Plan Act", the remaining amount of money, and the projected amount of anticipated federal financial participation.
Added by 2021 Ch. 395,§1, eff. 6/30/2021.
L. 2021: Entire part added, (SB 21-286), ch. 2624, p. 2624, § 1, effective June 30.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 18 - COLORADO MEDICAL ASSISTANCE PROGRAM REQUIREMENTS FOR DISBURSEMENT OF FEDERAL FUNDS UNDER THE FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021" (§§ 25.5-6-1801 — 25.5-6-1806) › Section 25.5-6-1805 - Home- and community-based services improvement fund - creation - transfer - expenditures

(1)
The home- and community-based services improvement fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (2) of this section.
(2)
(a)
On June 30, 2021, the state treasurer shall transfer two hundred sixty million seven hundred thirty thousand ninety-nine dollars from the general fund to the fund.
(b)
(I)
If the general fund savings due to the enhanced federal match under section 9817 of the "American Rescue Plan Act" is greater than the amount transferred to the fund under subsection (2)(a) of this section, then the state department shall notify the state treasurer of the amount by which the savings exceeded the transfer. The state treasurer shall transfer this amount of money from the general fund to the fund.
(II)
If the general fund savings due to the enhanced federal match under section 9817 of the "American Rescue Plan Act" is less than the amount transferred to the fund under subsection (2)(a) of this section, then the state department shall notify the state treasurer of the amount by which the transfer exceeds the savings. The state treasurer shall transfer this amount of money from to the fund to the general fund.
(3)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the general fund.
(4)
(a)
Money in the fund is appropriated to the state department for the fiscal year commencing on July 1, 2021, for the expenditures identified in the spending plan approved by the joint budget committee pursuant to section
25.5-6-1804
; except that the spending authority conferred by this subsection (4)(a) expires if a supplemental appropriation bill that appropriates money from the fund to the state department is enacted.
(b)
During the next legislative session, the joint budget committee shall introduce a supplemental appropriation bill with the specific expenditures authorized under subsection (4)(a) of this section.
(5)
For fiscal years commencing on and after July 1, 2021, money in the fund is subject to annual appropriation to enhance, expand, and strengthen medicaid home- and community-based services pursuant to section 9817 of the "American Rescue Plan Act".
(6)
The state department may use the money in the fund for reasonable and necessary administrative costs associated with implementing this part 18.
Added by 2021 Ch. 395, § 1, eff. 6/30/2021.
L. 2021: Entire part added, (SB 21-286), ch. 2625, p. 2625, § 1, effective June 30.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 18 - COLORADO MEDICAL ASSISTANCE PROGRAM REQUIREMENTS FOR DISBURSEMENT OF FEDERAL FUNDS UNDER THE FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021" (§§ 25.5-6-1801 — 25.5-6-1806) › Section 25.5-6-1806 - Repeal of part

This part 18 is repealed, effective July 1, 2025.
Added by 2021 Ch. 395,§1, eff. 6/30/2021.
L. 2021: Entire part added, (SB 21-286), ch. 2626, p. 2626, § 1, effective June 30.
This article was added with relocations in 2006 containing provisions of some sections formerly located in article
19
of title
26
. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 19 - COMMUNITY FIRST CHOICE (§§ 25.5-6-1901 — 25.5-6-1905) › Section 25.5-6-1901 - Definitions

As used in this part 19, unless the context otherwise requires:
(1)
"Electronic monitoring" means the installation, purchase, or rental of electronic monitoring devices that enable an individual to secure help in the event of an emergency; provide the individual reminders about medical appointments, treatment, or medication schedules; are required because of the individual's illness, impairment, or disability; and include personal emergency response systems and medication reminders through an automated medication dispensing system.
(2)
"Health maintenance activities" means routine and repetitive health-related tasks furnished to a member in the community or in the member's home that are necessary for the health and normal bodily functioning that a person with a disability is physically unable to carry out. "Health maintenance activities" includes skilled tasks typically performed by a certified nursing assistant or a licensed nurse that do not require the clinical assessment and judgment of a licensed nurse.
(3)
"Homemaker services" means general household activities provided by an attendant in a member's home to maintain a healthy and safe environment for the member through hands-on assistance, supervision, or cueing. "Homemaker services" must only be provided in the member's primary living space and multiple attendants shall not be reimbursed for duplicating such services.
(4)
"Personal care services" means services that are furnished to a member to meet the member's physical, maintenance, and supportive needs through hands-on assistance, supervision, or cueing that do not require a nurse's supervision or physician's order.
Added by 2023 Ch. 270,§ 1, eff. 5/25/2023.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 19 - COMMUNITY FIRST CHOICE (§§ 25.5-6-1901 — 25.5-6-1905) › Section 25.5-6-1902 - Community first choice option - covered services - state plan amendment

(1)
No later than July 1, 2025, the state department shall seek federal authorization through an amendment to the state medical assistance plan to implement the community first choice option.
(2)
At a minimum, the state plan amendment must provide for, but is not limited to:
(a)
The following services:
(I)
Personal care services;
(II)
Homemaker services;
(III)
Health maintenance activities;
(IV)
Electronic monitoring services; and
(V)
Voluntary training on how to select, manage, and dismiss an attendant; and
(b)
The delivery of covered services, if applicable, through:
(I)
In-home support services;
(II)
Consumer-directed services and supports; and
(III)
Licensed home care services.
Added by 2023 Ch. 270,§ 1, eff. 5/25/2023.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 19 - COMMUNITY FIRST CHOICE (§§ 25.5-6-1901 — 25.5-6-1905) › Section 25.5-6-1903 - Permissible services and supports

(1)
The state department may provide permissible services and supports that are linked to an assessed need or goal in the individual's person-centered service plan. Permissible services and supports may include, but are not limited to, the following:
(a)
Expenditures for transition costs, such as rent and utility deposits, first month's rent and utilities, bedding, basic kitchen supplies, and other necessities linked to an assessed need for an individual to transition from a nursing facility, institution for behavioral or mental health disorders, or intermediate care facility for individuals with intellectual disabilities, to a home- and community-based setting where the individual resides; and
(b)
Expenditures relating to a need identified in an individual's person-centered service plan that increases an individual's independence or substitutes for human assistance, to the extent that would otherwise be made for human assistance.
Added by 2023 Ch. 270,§ 1, eff. 5/25/2023.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 19 - COMMUNITY FIRST CHOICE (§§ 25.5-6-1901 — 25.5-6-1905) › Section 25.5-6-1904 - Maintenance of effort

In implementing the community first choice option, the state department shall ensure continuity of support for eligible individuals who were receiving services as of July 1, 2025, and who have maintained eligibility in the state medical assistance program since that date.
Added by 2023 Ch. 270,§ 1, eff. 5/25/2023.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 19 - COMMUNITY FIRST CHOICE (§§ 25.5-6-1901 — 25.5-6-1905) › Section 25.5-6-1905 - Eligibility

(1)
To be eligible for the community first choice option, an individual must:
(a)
Be eligible for the state medical assistance program;
(b)
Be in an eligibility group under the state medical assistance program that includes nursing facility services, or if in an eligibility group that does not include nursing facility services, have an income that is at or below one hundred fifty percent of the federal poverty level. The state department shall determine whether an individual is at or below one hundred fifty percent of the federal poverty level on an annual basis by applying the same methodologies that apply under the state medical assistance program, including the same less restrictive resource methodologies described in the federal "Social Security Act",
42 U.S.C. sec. 1902 (r)(2)
.
(c)
(I)
Receive an annual determination that in the absence of the home- and community-based attendant services and supports provided pursuant to the community first choice option, the individual would require the level of care furnished in a hospital, a nursing facility, an intermediate care facility to an individual with intellectual disabilities, an institution providing inpatient psychiatric services to an individual under twenty-one years of age, or an institution for behavioral or mental health disorders for an individual sixty-five years of age or older if the cost could be reimbursed under the state medical assistance program.
(II)
The state department may, at its discretion, permanently waive the annual determination for an individual if the state department:
(A)
Determines there is no reasonable expectation of improvement or significant change in the individual's condition because of the severity of a chronic condition or the degree of impairment of functional capacity; and
(B)
Retains documentation of the reason for waiving the individual's annual determination requirement.
(2)
For the purposes of meeting the requirements of subsection (1)(b) of this section, an individual who qualifies for medical assistance pursuant to the special home- and community-based waiver eligibility group defined in the federal "Social Security Act",
42 U.S.C. sec. 1902 (a)(10)(A)(ii)(VI)
, shall meet all the requirements in
42 U.S.C. sec. 1915(c)
and receive at least one home- and community-based waiver service per month.
(3)
Individuals receiving services through the community first choice option must not be precluded from receiving other home- and community-based long-term care services and supports through other state medical assistance program waivers, grants, or demonstration authorities.
Added by 2023 Ch. 270,§ 1, eff. 5/25/2023.
2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › CHILDREN'S BASIC HEALTH PLAN (§§ 25.5-8-101 — 25.5-11-101) › Article 8 - CHILDREN'S BASIC HEALTH PLAN (§§ 25.5-8-101 — 25.5-8-113) › Section 25.5-8-101 - Short title

This article shall be known and may be cited as the "Children's Basic Health Plan Act".
L. 2006: Entire article added with relocations, p. 1973, § 7, effective July 1.
This section is similar to former § 26-19-101 as it existed prior to 2006.