reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-131 - Reserved

This section was originally enacted in 2004; however section 2 of chapter 328, Session Laws of Colorado 2004, provided that this section would only take effect if the department of human services provided written notice to the revisor of statutes that potential partners for a merger with the Colorado mental health institute were identified. No such notification was received by the revisor of statutes, therefore this section as it appeared in the 2004 Colorado Revised Statutes did not take effect.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-133 - [Repealed]

L. 2005: Entire section added, p. 1512, § 1, effective June 9. L. 2006: Entire section repealed, p. 287, § 3, effective March 31.
For the legislative declaration contained in the 2006 act repealing this section, see section 1 of chapter 91, Session Laws of Colorado 2006.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-133.5 - Rental properties - fund created

(1)
The executive director is authorized to rent surplus facilities on the campuses of the various institutions operated by the state department so long as the rentals are not prohibited by contractual agreement, state law, or other legal restrictions on the state department's possession or use of the property. The state department shall not enter into any lease agreement that would endanger the state's ownership of the property or that is expected to result in a financial loss to the state.
(2)
All moneys collected from the rental of surplus facilities pursuant to subsection (1) of this section shall be transmitted to the state treasurer, who shall credit the same to the department of human services buildings and grounds cash fund, which fund is hereby created and referred to in this section as the "fund".
(3)
The moneys in the fund shall be subject to annual appropriation by the general assembly to the state department to be used in operating, repairing, remodeling, or demolishing the facilities of any properties rented by the state department pursuant to subsection (1) of this section.
(4)
Any moneys in the fund not expended for the purposes of subsection (3) of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
L. 2008: Entire section added, p. 1344, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-134 - Home- and community-based services for persons with developmental disabilities - cooperation

It is the intent of the general assembly that the department of health care policy and financing and the state department cooperate to the maximum extent possible in designing, implementing, and administering the program authorized under part 4 of article
6
of title
25.5
, C.R.S.
L. 2006: Entire section added, p. 1993, § 20, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-135 - Child welfare action committee - reporting - cash fund - created

(1)
As part of the work done by the governor's child welfare action committee, created by executive order B 006 08, the state department shall make periodic reports of findings and recommendations, including a report of the child welfare action committee's initial recommendations, to the health and human services committees of the senate and the house of representatives, or any successor committees, and the joint budget committee on or before January 31, 2009.
(2)
(a)
(I)
There is hereby created in the state treasury the child welfare action committee cash fund, referred to in this section as the "fund". The fund shall be comprised of moneys credited to the fund pursuant to subsection (3) of this section, and any other moneys appropriated to the fund. All interest earned on the investment of moneys in the fund shall be credited to the fund.
(II)
Moneys in the fund are continuously appropriated to the department of human services to pay any necessary expenses related to the governor's child welfare action committee, created by executive order B 006 08, and the implementation of any recommendations of the committee.
(III)
Any moneys credited to the fund and unexpended at the end of a fiscal year shall remain in the fund and shall not revert to the general fund.
(b) and (c)
Repealed.
(3)
The state department is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this section; except that no gift, grant, or donation may be accepted if it is subject to conditions that are inconsistent with this section or any other law of the state. All private and public moneys received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the child welfare action committee cash fund, created in subsection (2) of this section.
Amended by 2015 Ch. 259,§ 80, eff. 8/5/2015.
L. 2008: Entire section added, p. 1526, § 2, effective May 28. L. 2011: (2)(c) added, (SB 11-226), ch. 190, p. 734, §4, effective May 19. L. 2015: (2)(a)(I) amended and (2)(b) and (2)(c) repealed, (SB 15-264), ch. 259, p. 963, § 80, effective August 5.
For the legislative declaration contained in the 2008 act enacting this section, see section 1 of chapter 327, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-136.5 - Menstrual hygiene products for a person in custody - definition

(1)
A department of human services facility shall provide whichever menstrual hygiene products are requested by a person in the custody of a department of human services facility to the person in custody at no expense to the person in custody. The department of human services facility shall not impose any condition or restriction on a person in custody's access to menstrual hygiene products.
(2)
As used in this section, unless the context otherwise requires, "menstrual hygiene products" means tampons, menstrual pads, sanitary napkins, and pantiliners.
Added by 2019 Ch. 131,§ 5, eff. 4/25/2019.
L. 2019: Entire section added, (HB 19-1224), ch. 589, p. 589, § 5, effective April 25.
For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-136.7 - Opioid treatment for a person in custody - definitions

(1)
A state department facility may make available opioid agonists and opioid antagonists to a person committed to or placed within the facility with an opioid use disorder. The facility is strongly encouraged to maintain the treatment of the person throughout the duration of the person's commitment, as medically necessary.
(2)
Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists pursuant to subsection (1) of this section.
(3)
A state department facility may contract with community-based health providers for the implementation of this section.
(4)
As used in this section, unless the context otherwise requires:
(a)
"Opioid agonist" means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
(b)
"Opioid antagonist" means naltrexone or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
Added by 2020 Ch. 288,§ 3, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1017), ch. 1423, p. 1423, § 3, effective September 14.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-138 - Memorandum of understanding - notification of risk - rules

(1)
On or before July 1, 2011, the department of human services and the department of education shall enter into a memorandum of understanding, pursuant to section
22-2-139
, C.R.S., concerning the enrollment of students in the public school system from a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section
25-3-101
, C.R.S.
(2)
The state board may promulgate rules pursuant to the "State Administrative Procedure Act", article
4
of title
24
, C.R.S., concerning the implementation of the memorandum of understanding, including but not limited to rules regarding notification of and sharing of information as described in section
22-2-139
, C.R.S.
L. 2010: Entire section added, (HB 10-1274), ch. 271, p. 1251, §6, effective May 25.
For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 271, Session Laws of Colorado 2010.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-140 - [Repealed]

Added by 2016 Ch. 176,§2, eff. 5/18/2016.
L. 2016: Entire section added, (HB 16-1063), ch. 176, p. 607, § 2, effective May 18.
Subsection (3) provided for the repeal of this section, effective December 31, 2017. (See L. 2016, p. 607.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-141 - Departments - report required - hepatitis and HIV tests - definitions

(1)
On or before December 31, 2019, the executive directors of the department of human services, the department of health care policy and financing, and the department of corrections shall submit a report to the public health care and human services committee and the health and insurance committee of the house of representatives and the health and human services committee of the senate concerning:
(a)
The amount of federal funds that each department is eligible to receive or is currently receiving that may be used for testing for hepatitis B, hepatitis C, or HIV;
(b)
The number of individuals currently being tested for each disease listed in subsection (1)(a) of this section; and
(c)
Whether each department is planning to increase the number of people being tested for each disease listed in subsection (1)(a) of this section.
(2)
The departments specified in subsection (1) of this section shall prepare materials describing the eligibility standards currently in use for treatment of hepatitis B, hepatitis C, and HIV and distribute materials to primary care providers in the state. The departments may distribute the materials by providing the materials to the relevant professional association for the providers, at professional association meetings and conferences, or by other appropriate means as determined by each department.
(3)
As used in this section:
(a)
"Arranging for the provision" means demonstrating established referral relationships with health-care providers for any of the comprehensive primary care services not directly provided by an entity.
(b)
(I)
"Primary care" means the basic entry-level health care provided by physician or nonphysician health-care practitioners that is generally provided in an outpatient setting.
(II)
"Primary care" includes:
(A)
Providing or arranging for the provision of primary health care;
(B)
Maternity care, including prenatal care;
(C)
Preventive, developmental, and diagnostic services for infants and children;
(D)
Adult preventive services;
(E)
Diagnostic laboratory and radiology services;
(F)
Emergency care for minor trauma;
(G)
Pharmaceutical services; and
(H)
Coordination and follow-up for hospital care.
(III)
"Primary care" may also include optional services based on a patient's needs.
Added by 2019 Ch. 276,§ 8, eff. 5/23/2019.
L. 2019: Entire section added, (SB 19-228), ch. 2603, p. 2603, § 8, effective May 23.
Section 20 of chapter 276 (SB 19-228), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct occurring on or after May 23, 2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-142) › Section 26-1-142 - [Repealed]

Repealed by 2022 Ch. 222,§82, eff. 7/1/2022.
Added by 2021 Ch. 296,§1, eff. 9/7/2021.
L. 2021: Entire section added, (SB 21-129), ch. 1760, p. 1760, § 1, effective September 7.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-301 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Board" means the Colorado brain injury trust fund board created pursuant to section
26-1-302
.
(1.5)
(a)
"Brain injury" refers to damage to the brain from an internal or external source, including a traumatic injury, that occurs post-birth and is noncongenital, nondegenerative, and nonhereditary, resulting in partial or total functional impairment in one or more areas, including but not limited to attention, memory, reasoning, problem solving, speed of processing, decision-making, learning, perception, sensory impairment, speech and language, motor and physical functioning, or psychosocial behavior.
(b)
Documentation of brain injury must be based on adequate medical history. A brain injury must be of sufficient severity to produce partial or total disability.
(2)
"Program" means the services provided pursuant to this part 3.
(3)
(Deleted by amendment, L. 2019.)
(4)
"Trust fund" means the Colorado brain injury trust fund created in section
26-1-309
.
Amended by 2019 Ch. 178, § 1, eff. 8/2/2019.
L. 2002: Entire section added, p. 1604, § 1, effective 1/1/2003. L. 2003: (3) amended, p. 1998, § 48, effective May 22. L. 2009: IP, (1), and (3) amended, (SB 09-005), ch. 587, p. 587, § 1, effective April 20. L. 2019: Entire section amended, (HB 19-1147), ch. 2028, p. 2028, § 1, effective August 2.
This section was enacted as 26-1-202 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-303 - [Repealed]

Repealed by 2019 Ch. 178, § 3, eff. 8/2/2019.
L. 2002: Entire section added, p. 1606, § 1, effective 1/1/2003.
This section was enacted as 26-1-204 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-304 - Services for persons with brain injuries - limitations - covered services

(1)
The board shall determine the percentage of money credited to the trust fund to be spent annually on service coordination and skills training for persons with brain injuries; however, no less than fifty-five percent of the money annually credited to the trust fund pursuant to sections
30-15-402 (3)
,
42-4-1307 (10)(c)
, and
42-4-1701 (4)(e)
must be used to provide service coordination and skills training to persons with brain injuries.
(2)
An individual is not required to exhaust all private funds in order to be eligible for the program. Individuals who have continuing health insurance benefits, including but not limited to medical assistance pursuant to articles
4
,
5
, and
6
of title
25.5
, may access the trust fund for services that are necessary but that are not covered by a health benefit plan, as defined in section
10-16-102 (32)
, or any other funding source.
(3) and (4)
Repealed.
(5)
All individuals receiving assistance from the trust fund shall receive service coordination and skills training. In addition to service coordination and skills training, the board shall determine any additional services covered by the trust fund. The board may prioritize the services covered by the trust fund and eligibility for the services while ensuring fidelity to the program's original intent to serve individuals with traumatic brain injuries. Covered services do not include institutionalization, hospitalization, or medication.
Amended by 2019 Ch. 178, § 4, eff. 8/2/2019.
Amended by 2013 Ch. 217, § 66, eff. 5/13/2013.
L. 2002: Entire section added, p. 1607, § 1, effective 1/1/2003. L. 2003: (1) amended, p. 1998, § 49, effective May 22. L. 2004: (3) amended, p. 480, § 2, effective August 4. L. 2006: (2) amended, p. 2016, § 96, effective July 1. L. 2009: (1) amended, (SB 09-005), ch. 589, p. 589, § 3, effective April 20. L. 2010: (1) amended, (HB 10-1347), ch. 1160, p. 1160, § 8, effective July 1. L. 2013: (2) amended, (HB 13-1266), ch. 993, p. 993, § 66, effective May 13. L. 2019: (1) and (2) amended, (3) and (4) repealed, and (5) R&RE, (HB 19-1147), ch. 2030, p. 2030, § 4, effective August 2.
This section was enacted as 26-1-205 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-305 - Education about brain injury

The board shall determine the percentage of money credited to the trust fund spent annually on education related to increasing the understanding of brain injury.
Amended by 2019 Ch. 178, § 5, eff. 8/2/2019.
L. 2002: Entire section added, p. 1608, § 1, effective 1/1/2003. L. 2003: Entire section amended, p. 1998, § 50, effective May 22. L. 2009: Entire section amended, (SB 09-005), ch. 590, p. 590, § 4, effective April 20; entire section amended, (SB 09-292), ch. 1986, p. 1986, § 131, effective August 5. L. 2010: Entire section amended, (HB 10-1347), ch. 1160, p. 1160, § 9, effective July 1. L. 2019: Entire section amended, (HB 19-1147), ch. 2031, p. 2031, § 5, effective August 2.
This section was enacted as 26-1-206 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-306 - Research related to treatment of brain injuries - grants

(1)
The board shall determine the percentage of money credited to the trust fund to be spent annually to support research related to the treatment and understanding of brain injuries. The board shall prioritize research related to traumatic brain injuries.
(2)
The board shall award grants. Persons interested in a grant shall apply to the board in a manner prescribed by the board. The board may consult with educational institutions or other private institutions within Colorado and nationally regarding the merit of an application for a grant. The board shall determine the time frames and administration of the grant program.
Amended by 2019 Ch. 178, § 6, eff. 8/2/2019.
L. 2002: Entire section added, p. 1608, § 1, effective 1/1/2003. L. 2003: (1) amended, p. 1998, § 51, effective May 22. L. 2009: (1) amended, (SB 09-005), ch. 590, p. 590, § 5, effective April 20. L. 2010: (1) amended, (HB 10-1347), ch. 1160, p. 1160, § 10, effective July 1. L. 2019: (1) amended, (HB 19-1147), ch. 178, p. 2031, § 6, effective August 2.
This section was enacted as 26-1-207 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-307 - Administrative costs

The administrative expenses of the board and the state department are paid from money in the trust fund.
Amended by 2019 Ch. 178, § 7, eff. 8/2/2019.
L. 2002: Entire section added, p. 1608, § 1, effective 1/1/2003. L. 2009: Entire section amended, (SB 09-005), ch. 590, p. 590, § 6, effective April 20. L. 2019: Entire section amended, (HB 19-1147), ch. 2032, p. 2032, § 7, effective August 2.
This section was enacted as 26-1-208 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-308 - [Repealed]

Repealed by 2019 Ch. 178, § 8, eff. 8/2/2019.
L. 2002: Entire section added, p. 1608, § 1, effective 1/1/2003.
This section was enacted as 26-1-209 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-309 - Trust fund

(1)
There is hereby created in the state treasury the Colorado brain injury trust fund. The trust fund consists of any money collected from surcharges assessed pursuant to sections
30-15-402 (3)
,
42-4-1307 (10)(c)
, and
42-4-1701 (4)(e)
; gifts, grants, or donations; and any other money that the general assembly may appropriate or transfer to the trust fund. Subject to annual appropriation by the general assembly, the board may expend money in the trust fund for the direct and indirect costs associated with the implementation of this part 3.
(2)
The board may seek, accept, and expend gifts, grants, or donations, from private or public sources for purposes of this part 3. The board shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the trust fund.
(3)
The trust fund is a continuing trust fund. All interest earned upon money in the trust fund and deposited or invested may be invested in the types of investments authorized in sections
24-36-109
,
24-36-112
, and
24-36-113
. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the trust fund to the trust fund.
(4)
The trust fund revenue and its reserves shall be used solely for the purposes and in the manner described in sections
26-1-304
to
26-1-307
.
(5)
All unexpended and unencumbered moneys remaining in the trust fund shall remain in the trust fund.
Amended by 2019 Ch. 178, § 9, eff. 8/2/2019.
L. 2002: Entire section added, p. 1609, § 1, effective 1/1/2003. L. 2003: (1) amended, p. 1999, § 52, effective May 22. L. 2009: (1) amended and (4) and (5) added, (SB 09-005), ch. 590, p. 590, § 7, effective April 20. L. 2010: (1) amended, (HB 10-1347), ch. 1160, p. 1160, § 11, effective July 1. L. 2019: (1), (2), and (3) amended, (HB 19-1147), ch. 2032, p. 2032, § 9, effective August 2.
This section was enacted as 26-1-210 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-310 - Reports to the general assembly

Notwithstanding section
24-1-136 (11)(a)(I)
, on September 1, 2009, and each September 1 thereafter, the board shall provide a report to the joint budget committee and the public health care and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, on the operations of the trust fund, the money expended, the number of individuals with brain injuries offered services, the research grants awarded and the progress on such grants, and the educational information provided pursuant to this article 1.
Amended by 2019 Ch. 178, § 10, eff. 8/2/2019.
Amended by 2017 Ch. 154, § 8, eff. 8/9/2017.
L. 2002: Entire section added, p. 1609, § 1, effective 7/1/2003. L. 2003: Entire section amended, p. 2009, § 91, effective May 22. L. 2007: Entire section amended, p. 2043, § 75, effective June 1. L. 2009: Entire section amended, (SB 09-005), ch. 591, p. 591, § 8, effective April 20. L. 2017: Entire section amended, (SB 17-234), ch. 521, p. 521, § 8, effective August 9. L. 2019: Entire section amended, (HB 19-1147), ch. 2032, p. 2032, § 10, effective August 2.
This section was enacted as 26-1-211 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 3 - COLORADO BRAIN INJURY PROGRAM (§§ 26-1-301 — 26-1-312) › Section 26-1-311 - [Repealed]

L. 2002: Entire section added, p. 1609, § 1, effective 1/1/2003. L. 2009: Entire section repealed, (SB 09 -005), ch. 135, p. 591, § 9, effective April 20.
This section was enacted as 26-1-212 in House Bill 02-1281 but was renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 4 - [Repealed] (§ 26-1-401) › Section 26-1-401 - to 26-1-405 - [Repealed]

(1) This part 4 was added in 2008 and was not amended prior to its repeal in 2010. For the text of this part 4 prior to 2010, consult the 2009 Colorado Revised Statutes.
(2) Section 26-1-405 provided for the repeal of this part 4, effective July 1, 2010. (See L. 2008, p. 408.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 5 - [Repealed] (§ 26-1-501) › Section 26-1-501 - [Repealed]

Added by 2013 Ch. 353,§12, eff. 5/28/2013.
(1) This part 5 was added in 2013 and was not amended prior to its repeal in 2014.
(2) Section 26-1-501 provided for the repeal of this part 5, effective January 1, 2014. (See L. 2013, p. 2062.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 6 - [Repealed] (§ 26-1-601) › Section 26-1-601 - to 26-1-604 - [Repealed]

(1) This part 6 was added in 2015 and was not amended prior to its repeal in 2016.
(2) Section 26-1-604 provided for the repeal of this part 6, effective July 1, 2016. (See L. 2015, p. 891.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 7 - RESPITE CARE (§§ 26-1-701 — 26-1-703) › Section 26-1-701 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
On January 29, 2016, the respite care task force, created in section
26-1-601
, completed a report with recommendations that was presented to the general assembly;
(b)
The implementation of the recommendations would benefit those in need of respite care throughout the life span of those in need of care;
(c)
It is widely recognized that caregivers often work twenty-four hours per day, seven days per week to provide services and may lack support and tools to live their best lives;
(d)
Caregivers need access to quality and competent respite care; and
(e)
Caregivers need to trust and depend upon individuals providing respite care services.
(2)
Therefore, it is the intent of the general assembly to allocate state funds to implement recommendations of the respite care task force.
Added by 2016 Ch. 305, § 1, eff. 7/1/2016.
L. 2016: Entire part added, (HB 16-1398), ch. 305, p. 1227, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 1 - Department of Human Services (§§ 26-1-101 — 26-1-703) › Part 7 - RESPITE CARE (§§ 26-1-701 — 26-1-703) › Section 26-1-703 - Respite care task force fund - creation

(1)
There is hereby created in the state treasury the respite care task force fund, referred to in this section as the "fund", to provide money to the state department for the request-for-proposal process pursuant to section
26-1-702
. The fund consists of any money appropriated by the general assembly to the fund and any gifts, grants, and donations to the fund from private or public sources for the purposes of this article. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund. Money in the fund shall be continuously appropriated by the general assembly to the state department for the purposes specified in this part 7. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund or any other fund.
(2)
On July 1, 2016, the state treasurer shall transfer nine hundred thousand dollars from the intellectual and developmental disabilities services cash fund created in section
25.5-10-207
, C.R.S., to the general fund for the purposes of this part 7. The state department may not use more than three percent of the money for administrative costs.
Added by 2016 Ch. 305, § 1, eff. 7/1/2016.
L. 2016: Entire part added, (HB 16-1398), ch. 305, p. 1230, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-101 - Short title

This article shall be known and may be cited as the "Colorado Public Assistance Act".
L. 73: R&RE, p. 1178, § 2. C.R.S. 1963: § 119-3-1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-102 - Legislative declaration

It is the purpose of this article to promote the public health and welfare of the people of Colorado by providing, in cooperation with the federal government or independently, public assistance for needy individuals and families who are residents of the state and whose income and property are insufficient to meet the costs of necessary maintenance and services as determined by the state department and to assist such individuals and families to attain or retain their capabilities for independence, self-care, and self-support, as contemplated by article XXIV of the state constitution and the provisions of the social security act and the food stamp act. The state of Colorado and its various departments, agencies, and political subdivisions are authorized to promote and achieve these ends by any appropriate lawful means through cooperation with and utilization of available resources of the federal government and private individuals and organizations.
L. 73: R&RE, p. 1178, § 2. C.R.S. 1963: § 119-3-2. L. 75: Entire section amended, p. 889, § 3, effective July 28. L. 79: Entire section amended, p. 1085, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-105 - Federal requirements

Nothing in this article shall be construed to prevent the state department from complying with federal requirements for public assistance programs expressly provided by law in order for the state of Colorado to qualify for federal funds under the social security act and to maintain said programs within the limits of available appropriations.
L. 73: R&RE, p. 1180, § 2. C.R.S. 1963: § 119-3-5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-107 - Verification - record

(1)
(a)
(I)
Whenever a county department receives an application for public assistance, it shall promptly make a record concerning the circumstances of the applicant to verify the facts supporting the application and shall examine all pertinent records and shall make a diligent effort to examine all records prior to granting assistance. The records include the following:
(A)
Records of the division of unemployment insurance, including unemployment compensation records;
(B)
School attendance records;
(C)
Vital statistics records;
(D)
Records of the department of revenue.
(II)
The county department shall also verify such other information as may be required by the rules and regulations of the state department.
(b)
If such information is reasonably available, the verification shall be completed prior to approval of any assistance or for continuation of assistance. The provisions of this paragraph (b) shall not apply to those persons receiving old age pensions, aid to the needy disabled, or aid to the blind during the period for which such assistance is continued.
(c)
Within ten working days after a discrepancy relating to a fraudulent or suspected fraudulent act affecting eligibility is discovered, it shall be referred to the appropriate investigatory agency for investigation. The investigatory agency shall take action within thirty days following receipt of the information from the county department.
(2)
The county department, the state department, and the officers and authorized employees of each may conduct visits to the home of the applicant at reasonable times, make investigations and require the attendance and testimony of witnesses and the production of books, records, and papers by subpoena, and make application to the district court to compel and enforce such attendance and testimony of witnesses and the production of such books, records, and papers. Officers and employees designated by the county department or the state department may administer oaths and affirmations.
L. 73: R&RE, p. 1182, § 2. C.R.S. 1963: § 119-3-7. L. 77: (1) amended, p. 1334, § 4, effective 1/1/1978. L. 79: (1)(a)(I) amended, p. 1086, § 12, effective July 1. L. 2000: (1)(a)(I)(D) amended, p. 1637, § 14, effective June 1. L. 2012: IP(1)(a)(I) and (1)(a)(I)(A) amended, (HB 12-1120), ch. 27, p. 110, § 27, effective June 1.
The effective date for amendments to the introductory portion of subsection (1)(a)(I) and subsection (1)(a)(I)(A) by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-109 - Right to own certain property

(1)
No person otherwise qualified to receive public assistance shall be denied public assistance by reason of the fact that he is the owner of real estate occupied by him as a residence.
(2)
No person otherwise qualified shall be denied public assistance by reason of the fact that he is the owner of personal property which is exempt by the laws of Colorado from execution or attachment.
(3)
(a)
The state department, by its rules and regulations, may establish limitations on the value of real and personal property and other resources, not included in subsections (1) and (2) of this section, which may be available to an applicant or recipient without affecting his eligibility for public assistance.
(b)
For public assistance purposes, the value of residential or other real property shall be equal to the actual value of the property, as determined by the county assessor pursuant to article
1
of title
39
, C.R.S.
L. 73: R&RE, p. 1183, § 2. C.R.S. 1963: § 119-3-9. L. 87: (3)(b) amended, p. 1157, § 1, effective May 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-110 - Repayment not required

No person shall be required, in order to receive public assistance, to repay or promise to repay the state of Colorado any money properly paid to him or her as public assistance pursuant to the provisions of this article and the rules of the state department; except that the state may recoup interim assistance authorized under section
26-2-206
, concerning blind and disabled individuals.
L. 73: R&RE, p. 1183, § 2. C.R.S. 1963: § 119-3-10. L. 77: Entire section amended, p. 1344, § 3, effective May 26. L. 87: Entire section amended, p. 1158, § 1, effective May 28. L. 97: Entire section amended, p. 1232, § 18, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-111.1 - [Repealed]

L. 77: Entire section added, p. 1340, § 4, effective July 1. L. 86: (3) amended, p. 1040, § 2, effective April 30. L. 89, 1st Ex. Sess.: (4) added, p. 40, § 6, effective July 25. L. 97: Entire section RC&RE, p. 356, § 1, effective July 1. L. 98: Entire section amended, p. 21, § 4, effective August 5. L. 2007: Entire section amended, p. 665, § 9, effective April 26. L. 2010: Entire section amended, (HB 10 - 10 43), ch. 92, p. 315, § 9, effective April 15; entire section repealed, (SB 10 -068), ch. 160, p. 555, § 6, effective 1/1/2011.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-111.2 - [Repealed]

L. 77: Entire section added, p. 1340, § 4, effective July 1. L. 86: (1) amended and (2) repealed, pp. 987, 988, §§ 1, 3, effective April 17; (1) amended, p. 1040, § 3, effective April 30. L. 89, 1st Ex. Sess: (1) amended and (3) added, p. 40, § 7, effective July 25. L. 91: Entire section repealed, p. 1861, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-111.3 - [Repealed]

L. 86: Entire section added, p. 988, § 2, effective April 17. L. 89, 1st Ex. Sess.: (6) added, p. 41, § 8, effective July 25. L. 90: (2)(a), (2)(b), and (5) amended, p. 1359, § 3, effective June 8. L. 91: Entire section repealed, p. 1862, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-111.4 - [Repealed]

L. 86: Entire section added, p. 989, § 1, effective April 24. L. 89, 1st Ex. Sess.: (5) added, p. 41, § 9, effective July 25. L. 91: Entire section repealed, p. 1862, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-111.5 - Access to supplemental security income program benefits for old age pension applicants and recipients

The state department shall require old age pension applicants or recipients who may be eligible for supplemental security income to apply for benefits authorized by Title XVI of the federal social security act and to comply with any recommendations for referrals made by the county department except for good cause shown. With funds appropriated by the general assembly, the state department may develop a statewide cost-effective program to assist old age pension applicants or recipients in obtaining such benefits.
L. 96: Entire section added, p. 1299, § 2, effective June 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-111.6 - Old age pension work incentive program

(1)
The state department is authorized to implement a work incentive program for persons receiving old age pension benefits, which program shall be called the old age pension work incentive program. Under this program, a person who is already eligible for and receiving old age pension benefits would be allowed to retain sixty-five dollars of earned income in a month and one-half of the remaining earned income in a month without such moneys being counted as income for purposes of eligibility for the old age pension. In addition, the receipt and retention of such earned income shall not affect the person's eligibility for medical assistance as provided by articles
4
,
5
, and
6
of title
25.5
, C.R.S.
(2) and (3)
Repealed.
L. 96: Entire section added, p. 1299, § 2, effective June 1. L. 2000: (3) repealed, p. 899, § 1, effective May 24. L. 2006: (1) amended, p. 2016, § 97, effective July 1. L. 2008: (2) repealed, p. 1910, § 113, effective August 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-111.7 - [Repealed]

L. 96: Entire section added, p. 1299, § 2, effective June 1.
Subsection (2) provided for the repeal of this section, effective July 1, 1997. (See L. 96, p. 1299.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-112 - Old age pensions for inmates of public institutions

(1)
Except as otherwise provided in this section, the application procedure, the investigation of applications, the procedure for granting of pensions, and all other provisions of this article relating to the administration of old age pensions shall apply to the class of old age pensions provided in section
26-2-111(2)(a)(III)
.
(2)
Where an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, meets the requirements for the class of old age pensions provided in section
26-2-111(2)(a)(III)
and has been committed to said public institution by order of the district or probate court, the superintendent or chief administrative officer of such institution shall make application for such pension for and in behalf of said inmate in the same manner as provided in section
26-2-106
.
(3)
(a)
(I)
Assistance payments under the old age pension granted to an inmate of the Colorado mental health institute at Pueblo, Colorado, or the Wheat Ridge regional center, the Pueblo regional center, or the Grand Junction regional center shall be paid to the chief financial officer of the institution within which the inmate is confined. Such chief financial officer shall receive and disburse such pension funds as trustee for such inmate and shall account for the same to the state controller in the manner now prescribed by law for the handling and accounting of trust or quasi-trust funds.
(II)
Such chief financial officer shall be required to furnish, at the state's expense, a surety bond in such amount as the department of human services shall from time to time deem sufficient in the premises to protect such funds.
(III)
It is the duty of such chief financial officer to pay monthly from the assistance payments under the old age pension, as prior claim therefrom, all lawful claims of said public institution for the care, support, maintenance, education, and treatment of said inmate in accordance with article
92
of title
27
, C.R.S.
(b)
Where assistance payments under the old age pension are granted to an inmate of an institution maintained by any county or municipality, such payments shall be paid to such conservator or guardian as the district or probate court of such county may appoint, and under and amendable to the statutes applicable to conservators and guardians when so appointed.
L. 73: R&RE, p. 1186, § 2. C.R.S. 1963: § 119-3-12. L. 83: (3)(a)(I) amended, p. 1160, § 19, effective April 26. L. 91: (3)(a)(I) amended, p. 1145, § 13, effective May 18. L. 94: (3)(a)(II) amended, p. 2703, § 261, effective July 1. L. 2010: (3)(a)(III) amended, (SB 10-175), ch. 188, p. 803, §73, effective April 29.
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 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 1 - COLORADO PUBLIC ASSISTANCE ACT (§§ 26-2-101 — 26-2-145) › Section 26-2-113 - Funds for old age pensions

(1)
The state old age pension fund and the moneys allocated thereto pursuant to the provisions of article XXIV of the state constitution shall include amounts received from the incorporation fees and inheritance taxes imposed pursuant to subsection (2) of this section.
(2)
(a)
In addition to all other fees, charges, and impositions now fixed by law, there shall be assessed and collected, by the governmental department, person, or party in charge under whose jurisdiction the present collection is now required by law, the following fees, charges, sums, and impositions, which fees, charges, sums, and impositions shall be set aside, allocated, and allotted to the old age pension fund:
(I)
Ten percent additional amount of the fees which are due and paid to the secretary of state upon incorporation of any corporation or association for profit; and
(II)
Ten percent additional upon the amount of any tax payable under the provisions of the inheritance tax laws of this state.
(b)
In computing the amount of the additional tax or fee as provided in paragraph (a) of this subsection (2), the nearest multiple to five cents shall be taken in all cases.
(3)
Any and all of such funds collected by any state official or state department pursuant to subsection (2) of this section shall be paid over by such official or department to the state treasurer, who on the first day of each month shall divide and pay the same into each of the county old age pension accounts of the county social services funds in this state on the pro rata basis which the population of the respective county has to the population of the entire state according to the last official United States census.
L. 73: R&RE, p. 1187, § 2. C.R.S. 1963: § 119-3-13.