2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › MENTAL HEALTH (§§ 27-9-101 — 27-16-101) › GENERAL PROVISIONS (§§ 27-9-101 — 27-12-101) › Article 10.5 - CARE AND TREATMENT OF PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 27-10.5-101 — 27-10.5-1001) › Part 1 - RIGHTS OF PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 27-10.5-101 — 27-10.5-143) › Section 27-10.5-104 - Authorized services and supports - conditions of funding - purchase of services and supports - boards of county commissioners - appropriation - repeal

(1)
Subject to annual appropriations by the general assembly, the department shall provide or purchase, pursuant to subsection (4) of this section, authorized long-term services and supports from case management agencies or service agencies for persons who have been determined to be eligible for such long-term services and supports pursuant to section
27-10.5-106
, and as specified in the eligible person's individualized plan. Those long-term services and supports may include, but need not be limited to, the following:
(a)
[Repealed by 2022 amendment.]
(b)
Case management services;
(c)
Day services and supports that offer opportunities for persons with intellectual and developmental disabilities to experience and actively participate in valued adult roles in the community. These services and supports will enable persons receiving services to access and participate in community activities, such as work, recreation, higher education, and senior citizen activities. Day services and supports, including early intervention services, may also include the administration of nutrition or fluids through gastrostomy tubes, if administered by a person authorized pursuant to section
27-10.5-103(2)(i)
and supervised by a licensed nurse or physician.
(d)
Residential services and supports, including an array of training, learning, experiential, and support activities provided in living alternatives designed to meet the individual needs of persons receiving services and may include the administration of nutrition or fluids through gastrostomy tubes, if administered by a person authorized pursuant to section
27-10.5-103(2)(i)
and supervised by a licensed nurse or physician; and
(e)
Ancillary services, including activities that are secondary but integral to the provision of the services and supports specified in this subsection (1).
(2)
Service agencies receiving funds pursuant to subsection (1) of this section shall comply with all of the provisions of this article and the rules promulgated thereunder.
(3)
[Repealed by 2022 amendment.]
(4)
(a)
The department may purchase services and supports, including service and support coordination, directly from service agencies if:
(I)
Required by the federal requirements for the state to qualify for federal funds under Title XIX of the federal "Social Security Act", as amended, including programs authorized pursuant to part 4 of article
6
of title
25.5
, C.R.S.; or
(II)
[Repealed by 2021 amendment.]
(b)
The department shall only purchase long-term services and supports directly from those service agencies that meet established standards.
(c)
Nothing in this section shall be construed to prohibit the provision of services and supports, including case management services, directly by the department through regional centers, for persons receiving services in regional centers.
(d)
Nothing in this section shall be construed to require the provision of services and supports, including case management services, directly by the department.
(5)
(a)
Each year the general assembly shall appropriate moneys to the department to provide or purchase services and supports for persons with intellectual and developmental disabilities pursuant to this section. Unless specifically provided otherwise, services and supports shall be purchased on the basis of state funding less any federal or cash funds received for general operating expenses from any other state or federal source, less funds available to a person receiving residential services or supports after such person receives an allowance for personal needs or for meeting other obligations imposed by federal or state law. The yearly appropriation, when combined with all other sources of funds, shall in no case exceed one hundred percent of the approved program costs as determined by the general assembly. Funds received for capital construction shall not be considered in the calculation for the distribution of funds under the provisions of this section.
(b)
[Repealed by 2022 amendment.]
Amended by 2022 Ch. 123, § 111, eff. 7/1/2022.
Amended by 2021 Ch. 83, § 57, eff. 7/1/2024.
L. 75: Entire article added, p. 909, § 1, effective July 1. L. 79: (6)(b) amended, p. 1640, § 48, effective July 19. L. 85: Entire section R&RE, p. 988, § 4, effective July 1. L. 88: (2) and (8) amended, p. 1082, § 3, effective April 9; (7)(b) amended, p. 812, § 13, effective May 24. L. 91: (1)(d) amended, p. 1163, § 5, effective March 29. L. 92: Entire section R&RE, p. 1359, § 4, effective July 1. L. 93: (1)(a) amended, p. 1789, § 75, effective June 6; IP(1), IP(4)(a), and (7)(a) amended, p. 1162, § 134, effective 7/1/1994. L. 94: (7)(b) amended, p. 823, § 51, effective April 27. L. 96: (5) amended, p. 472, § 6, effective July 1. L. 2008: Entire section amended, p. 2216, § 1, effective June 5; (4)(a.7) added, p. 2180, § 2, effective June 5; (1) and (3) amended, p. 1448, § 3, effective August 5. L. 2010: (7)(b) amended, (HB 10-1013), ch. 1916, p. 1916, § 48, effective June 10. L. 2013: Entire section R&RE, (HB 13-1314), ch. 1794, p. 1794, § 4, effective 3/1/2014. L. 2021: IP(1) and (4)(b) amended, (HB 21 -1187), ch. 348, p. 348, § 57, effective 7/1/2024; (4)(a)(II)(B) added by revision, (HB 21-1187), ch. 83, pp. 348, 354, §§ 57, 70.
Amendments to this section by House Bill 08-1366, Senate Bill 08-002, and House Bill 08-1220 were harmonized.
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 1993 act amending the introductory portions to subsections (1) and (4)(a) and subsection (7)(a), see section 1 of chapter 230, Session Laws of Colorado 1993.