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 - Persons in a department of human services facility - medical benefits application assistance - county of residence - rules

(1)
(a)
Beginning as soon as practicable, but no later than January 1, 2009, no later than one hundred twenty days prior to release, state department facility personnel shall assist the following persons in applying for medical assistance pursuant to part 1 or 2 of article
5
of title
25.5
, C.R.S.:
(I)
A person who was receiving medical assistance pursuant to section
25.5-5-101 (1)(f)
or
25.5-5-201 (1)(j)
, C.R.S., immediately prior to entering the state department facility and is likely to be terminated from receiving medical assistance while committed or otherwise placed or is reasonably expected to meet the eligibility criteria specified in section
25.5-5-101 (1)(f)
or
25.5-5-201 (1)(j)
, C.R.S., upon release; and
(II)
(A)
A person who is committed to a state department facility pursuant to part 1 of article
8
of title
16
, C.R.S.; or
(B)
A person who is a patient or a juvenile who is placed in a state department facility pursuant to court order.
(b)
If the person is committed or placed for less than one hundred twenty days, state department personnel shall make a reasonable effort to assist the person in applying for medical assistance as soon as practicable.
(2)
As soon as practicable, but no later than January 1, 2009, no later than one hundred twenty days prior to release, state department facility personnel shall assist the following persons in applying for supplemental security income benefits under Title II of the federal "Social Security Act",
42 U.S.C. sec. 301
, et seq., as amended, and in any associated appeals process:
(a)
A person who was eligible for supplemental security income benefits under Title II of the federal "Social Security Act",
42 U.S.C. sec. 301
, et seq., as amended, immediately prior to entering the state department facility and is likely to be terminated from receiving supplemental security income benefits while committed or otherwise placed, or is reasonably expected to meet the eligibility criteria for supplemental security income benefits upon release; and
(b)
(I)
A person who is committed to a state department facility pursuant to part 1 of article
8
of title
16
, C.R.S.; or
(II)
A person who is a patient who is placed in a state department facility pursuant to court order.
(3)
The department of health care policy and financing shall provide information and training on medical assistance eligibility requirements and assistance to the facility personnel at each facility to assist in and expedite the application process for medical assistance for a person held in custody who meets the requirements of paragraph (a) of subsection (1) of this section.
(4)
The state department shall provide information and education regarding the supplemental security income systems and application processes to personnel at each facility.
(5)
(a)
For purposes of determining eligibility pursuant to section
25.5-4-205
, C.R.S., the county of residence of the person shall be the county specified by the person as his or her county of residence upon release.
(b)
The executive director of the department of health care policy and financing shall promulgate rules to simplify the processing of applications for medical assistance pursuant to paragraph (a) of subsection (1) of this section and to allow a person determined to be eligible for such medical assistance to access the medical assistance upon release and thereafter. If a county department determines that a person is eligible for medical assistance, the county shall enroll the person in medicaid effective upon his or her release. At the time of the person's release, the facility personnel shall give the person information and paperwork necessary for the person to access medical assistance. The information shall be provided to the facility by the applicable county department.
(c)
Each state department facility shall attempt to enter into prerelease agreements with local social security administration offices, and, if appropriate, the county department or the department of health care policy and financing in order to:
(I)
Simplify the processing of applications for medical assistance or for supplemental security income to enroll, effective upon release, a person who is eligible for medical assistance pursuant to section
25.5-5-101 (1)(f)
or
25.5-5-201 (1)(j)
, C.R.S.; and
(II)
Provide the person with the information and paperwork necessary to access medical assistance immediately upon release.
L. 2008: Entire section added, p. 1764, § 2, effective June 2.