reglab/statecodes huggingface dataset:
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 25.5-8-104 - Children's basic health plan - rules

The medical services board is authorized to adopt rules to implement the children's basic health plan to provide health insurance coverage to eligible persons on a statewide basis pursuant to the provisions of this article. Any rules adopted by the children's basic health plan policy board in accordance with the requirements of the "State Administrative Procedure Act", article
4
of title
24
, C.R.S., shall be enforceable and shall be valid until amended or repealed by the medical services board.
L. 2006: Entire article added with relocations, p. 1976, § 7, effective July 1.
This section is similar to former § 26-19-104 as it existed prior to 2006.
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— 25.5-11-101) › Article 8 - CHILDREN'S BASIC HEALTH PLAN (§§ 25.5-8-101 — 25.5-8-113) › Section 25.5-8-106 - [Repealed]

L. 2006: Entire article added with relocations, p. 1977, § 7, effective July 1. L. 2016: Entire section repealed, (HB 16-1081), ch. 22, p. 52, § 8, effective August 10.
This section was similar to former § 26-19-106 as it existed prior to 2006.
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 25.5-8-108 - Financial management - cash system of accounting

(1)
The department shall propose rules for approval by the medical services board to implement financial management of the plan. Pursuant to such rules, the department shall adjust benefit levels, eligibility guidelines, and any other measure to ensure that sufficient funds are present to implement the provisions of this article. The department shall develop and use quality assurance measures, such as the health employer data information set (HEDIS) reports regarding provider compensation, adapted to children's needs, to ensure that appropriate health-care outcomes are met and to justify the continued use of taxpayer dollars for the plan. The department shall implement performance-based contracting based on such quality assurance measures.
(2)
The department shall make a quarterly assessment of the expected expenditures for the plan for the remainder of the current biennium and for the following biennium. The estimated expenditures, including minimum reserve requirements shall be compared to an estimate of the revenues that will be deposited in the trust fund. Based on this comparison, the department shall make adjustments as necessary to ensure that expenditures remain within the limits of available revenues for the remainder of the current biennium and the following biennium.
(3)
The department may, in addition to any other measure it determines to be necessary, decrease subsidies for annual enrollment fees or limit enrollment in the plan to ensure that the trust retains sufficient funds pursuant to subsection (1) of this section.
(4)
(a)
Nothing in this article or any rules promulgated pursuant to the plan shall be interpreted to create a legal entitlement in any person to coverage under the plan. If enrollment in the plan is limited, the department shall give priority to children with family incomes under one hundred thirty-three percent of the federal poverty line.
(b)
The department shall report quarterly to the joint budget committee on any enrollment caps that have been instituted for the plan and the number of children who are on waiting lists.
(5)
The department shall utilize the cash system of accounting, as enunciated by the governmental accounting standards board, regardless of the source of revenues involved, for all activities of the department relating to the financial administration of any nonadministrative expenditure for the plan.
L. 2006: Entire article added with relocations, p. 1980, § 7, effective July 1. L. 2007: (5) added, p. 465, § 3, effective July 1. L. 2008: (4)(a) amended, p. 459, § 2, effective April 14. L. 2010: (4)(a) amended, (HB 10-1422), ch. 419, p. 2115, §152, effective August 11.
This section is similar to former § 26-19-108 as it existed prior to 2006.
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 25.5-8-109.5 - Telehealth - interim therapeutic restorations - reimbursement - definitions

(1)
Subject to federal authorization and financial participation, on or after July 1, 2016, in-person contact between a health-care provider and an enrollee is not required under the children's basic health plan for the diagnosis, development of a treatment plan, instruction to perform an interim therapeutic restoration procedure, or supervision of a dental hygienist performing an interim therapeutic restoration procedure. A health-care provider may provide these services through telehealth, including store-and-forward transfer, and is entitled to reimbursement for the delivery of those services via telehealth to the extent the services are otherwise eligible for reimbursement under the plan. The services are subject to the reimbursement policies developed pursuant to the children's basic health plan.
(2)
As used in this section:
(a)
"Interim therapeutic restoration" has the same meaning as set forth in section
12-220-104(10)
.
(b)
"Store-and-forward transfer" means the asynchronous transmission of medical or dental information to be reviewed by a dentist at a later time at a distant site without the patient present in real time.
Amended by 2021 Ch. 31,§11, eff. 9/1/2021.
Amended by 2019 Ch. 136,§191, eff. 10/1/2019.
L. 2015: Entire section added, (HB 15-1309), ch. 326, p. 1335, § 9, effective August 5.
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 25.5-8-111 - Department - administration - outsourcing

(1)
(a)
The department may:
(I)
Pursuant to section
24-50-504 (2)(a)
, C.R.S., enter into personal services contracts for the administration of the children's basic health plan. Any contracts established pursuant to this section shall contain performance measures that shall be monitored by the department.
(II)
Use county departments of human or social services to perform functions relating to the administration of the children's basic health plan;
(III)
Perform administrative functions at the department, including consolidation of functions with other administrative functions handled by the department.
(b)
In deciding how to allocate functions relating to the administration of the children's basic health plan as allowed under paragraph (a) of this subsection (1), the department shall determine and base its decisions upon what is the most cost-effective method to handle the particular function and to deliver the services.
(2)
The implementation of subparagraph (I) of paragraph (a) of subsection (1) of this section is contingent upon a finding by the state personnel director that any of the conditions of section
24-50-504 (2)
, C.R.S., have been met or that the conditions of section
24-50-503 (1)
, C.R.S., have been met.
(3)
If the state department uses county departments of human or social services to perform functions relating to the administration of the children's basic health plan pursuant to subsection (1)(a)(II) of this section and allocates money to a county for that purpose, the state department shall make the allocation in accordance with the results of the public assistance programs funding model described in section
26-1-121.5
.
Amended by 2022 Ch. 409, § 4, eff. 6/7/2022.
Amended by 2018 Ch. 38, § 113, eff. 8/8/2018.
L. 2006: Entire article added with relocations, p. 1984, § 7, effective July 1. L. 2018: (1)(a)(II) amended, (SB 18-092), ch. 38, p. 446, § 113, effective August 8.
This section is similar to former § 26-19-111 as it existed prior to 2006.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
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 25.5-8-112 - Authority to the department to apply for federal waivers

The department is hereby authorized and required to apply for any federal waivers necessary to implement the purposes of this article.
L. 2006: Entire article added with relocations, p. 1985, § 7, effective July 1.
This section is similar to former § 26-19-112 as it existed prior to 2006.
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 25.5-8-113 - [Repealed]

L. 2006: Entire article added with relocations, p. 1985, § 7, effective July 1. L. 2016: Entire section repealed, (HB 16-1081), ch. 22, p. 52, § 5, effective August 10.
This section was similar to former § 26-19-113 as it existed prior to 2006.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 1 - OFFICE OF COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-102) › Section 25.5-10-102 - [Repealed]

Added by 2018 Ch. 331,§1, eff. 5/30/2018.
L. 2018: Entire section added, (SB 18-231), ch. 331, p. 1990, § 1, effective May 30.
Subsection (5) provided for the repeal of this section, effective September 1, 2019. (See L. 2018, p. 1990.)
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-201 - Legislative declaration

(1)
In recognition of the varied, extensive, and substantial needs of persons with intellectual and developmental disabilities, including the urgent need to enhance the development of children with intellectual and developmental disabilities, the general assembly, subject to available appropriations and subject to the existence of appropriate services and supports with available resources, hereby declares that the purposes of this article are:
(a)
To provide appropriate services and supports to persons with intellectual and developmental disabilities throughout their lifetimes regardless of their age or degree of disability;
(b)
To prohibit deprivation of liberty of persons with intellectual and developmental disabilities, except when such deprivation is for the purpose of providing services and supports which constitute the least restrictive available alternative adequate to meet the person's needs, and to ensure that these services and supports afford due process protections;
(c)
To ensure the fullest measure of privacy, dignity, rights, and privileges to persons with intellectual and developmental disabilities;
(d)
To ensure the provision of services and supports to all persons with intellectual and developmental disabilities on a statewide basis;
(e)
To enable persons with intellectual and developmental disabilities to remain with their families and in the community of their choice, to minimize the likelihood of out-of-home placement, and to enhance the capacity of families to meet the needs of children with intellectual and developmental disabilities;
(f)
To provide community services and supports for persons with intellectual and developmental disabilities which reflect typical patterns of everyday living;
(g)
To encourage state and local agencies to provide a wide array of innovative and cost-effective services and supports for persons with intellectual and developmental disabilities;
(h)
To ensure that persons with intellectual and developmental disabilities receive services and supports which encourage and build on existing social networks and natural sources of support, and result in increased interdependence, contribution to, and inclusion in community life; and
(i)
To recognize the efficacy of early intervention services and supports in minimizing developmental delays and reducing the future education costs to our society.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1744, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-101
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-203 - Division of intellectual and developmental disabilities - creation - functions - reporting - legislative declaration

(1)
(a)
The general assembly finds and declares that:
(I)
An effective system of community-based services and supports is essential to enable children and adults with intellectual and developmental disabilities to live in their communities;
(II)
The demand for high-quality intellectual and developmental disabilities services is expected to grow; and
(III)
Persons with intellectual and developmental disabilities need a system that promotes self-direction of services and self-determination and that is designed to improve personal outcomes.
(b)
(I)
The general assembly further finds and declares that state agencies should be organized in a manner that allows for improved delivery of long-term services and supports for persons and providers; and
(II)
The transfer pursuant to part 1 of this article of the powers, duties, and functions relating to the programs, services, and supports for persons with intellectual and developmental disabilities to the office for administration by the division of intellectual and developmental disabilities, created in this section, is an initial step in the process of redesigning Colorado's long-term care system.
(2)
There is created in the office the division of intellectual and developmental disabilities. The division is a
type 2
entity, as defined in section
24-1-105
.
(3)
The division shall administer the programs, services, and supports for persons with intellectual and developmental disabilities contained in this article.
(4)
Because of the unique goal of the division in administering lifelong programs, services, and supports for persons with intellectual and developmental disabilities, as part of its annual briefing to the joint budget committee, the state department shall allow sufficient briefing time devoted solely to issues relating to the division and its administration of the programs, services, and supports contained in this article.
(5)
Repealed.
Amended by 2022 Ch. 469, § 62, eff. 8/10/2022.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1751, § 1, effective 3/1/2014.
Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2015. (See L. 2013, p. 1751.)
2022 Ch. 469, 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) › CHILDREN'S BASIC HEALTH PLAN (§§ 25.5-8-101 — 25.5-11-101) › Article 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-205 - Case management agencies - local public procurement units

For purposes of entering into a cooperative purchasing agreement pursuant to section 24-110-201, a nonprofit case management agency or a nonprofit service agency may be certified as a local public procurement unit as provided in section 24-110-207.5.
Amended by 2021 Ch. 83, § 40, eff. 7/1/2024.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1754, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-103.5
as it existed prior to 2013.
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) › CHILDREN'S BASIC HEALTH PLAN (§§ 25.5-8-101 — 25.5-11-101) › Article 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-207 - [Repealed]

Repealed of its own accord, eff. 7/1/2022.
Amended by 2021 Ch. 83, § 42, eff. 7/1/2024.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1757, § 1, effective 3/1/2014. L. 2014: (1.5), (2), and (3) amended and (3.5) added, (HB 14-1252), ch. 18, p. 135, § 1, effective March 1; (2) repealed, (HB 14-1051), ch. 33, p. 184, § 1, effective August 6. L. 2015: (6) added, (SB 15-168), ch. 16, p. 40, § 1, effective March 13. L. 2016: (7) added, (SB 16-196), ch. 226, p. 866, § 4, effective June 6; (3)(b) and (3)(c) amended and (3)(d) added, (SB 16-192), ch. 256, p. 1052, § 2, effective June 8. L. 2017: IP(3), (3)(c), and (3)(d) amended and (3)(e), (8), and (9) added, (HB 17-1343), ch. 320, p. 1724, § 4, effective June 5.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-209.5 - Case management agencies - certification - purchase of services and supports - rules - repeal

(1)
In order to be certified as a case management agency, a public or private for-profit or not-for-profit agency shall apply for certification to the state department in the form and manner specified by the executive director. The state board shall promulgate rules for certification and decertification of case management agencies.
(2)
Once certified pursuant to this section, a case management agency shall, subject to available appropriations:
(a)
Determine the needs of a person enrolled in home- and community-based services who selects the case management agency; and
(b)
Provide case management services and periodic reviews pursuant to section
25.5-10-211
.
(3)
The executive director or his or her designee shall review each case management agency to ensure that the agency complies with the requirements and standards set forth in this article 10 and the rules promulgated pursuant to this article 10.
(4)
The state board shall promulgate rules to ensure that:
(a)
Each enrolled person with an intellectual and developmental disability has access to case management services;
(b)
A person who is enrolled in home- and community-based services and other programs, as defined in section
25.5-10-202
, is not required to have multiple case managers; and
(c)
There is an established process for a person to select the case management agency of his or her choice.
(5)
The state board shall begin promulgating rules for case management agencies on June 5, 2017.
(6)
This section is repealed, effective July 1, 2024.
Repealed by 2021 Ch. 83, § 69, eff. 7/1/2024.
L. 2017: Entire section added, (HB 17-1343), ch. 320, p. 1725, § 7, effective June 5.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-210 - Revocation of designation - repeal

(1)
The executive director may revoke the designation of a community-centered board upon a finding that the community-centered board is in violation of the provisions of this article and the rules promulgated thereunder. Such revocation shall conform to the provisions and procedures specified in article
4
of title
24
, C.R.S., and shall be made only after a hearing is provided as specified in that article.
(2)
Once a designation has been revoked pursuant to subsection (1) of this section, the executive director may designate a service agency to perform the case management services of the designated community-centered board pending designation of a new community-centered board.
(3)
This section is repealed, effective July 1, 2024.
Repealed by 2021 Ch. 83, § 69, eff. 7/1/2024.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1762, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-105.5
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-213 - Discharge - repeal

(1)
A person receiving services must be discharged from services or supports upon a determination, made pursuant to the individualized planning process, that the services or supports are no longer appropriate. At least ten days prior to effectuation of the discharge, notification of discharge must be given to the person receiving services, the parents or guardian of such a person who is a minor, and the person's legal guardian and authorized representative when applicable.
(2)
When a person receiving services notifies a service agency that the person no longer wishes to receive a service or support, the person must be discharged from the service or support unless the person 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 for whom a legal guardian has been appointed, affecting the person's ability to voluntarily terminate services or supports. The parents of the person receiving services who is a minor and such person's guardian must be notified of the person's wish to terminate services or supports, but no minor will be discharged without the consent of the parent or legal guardian.
(3)
This section is repealed, effective July 1, 2024.
Repealed by 2021 Ch. 83, § 69, eff. 7/1/2024.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1765, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-108
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-215 - Compliance with local government zoning regulations - notice to local governments - provisional licensure

(1)
The state department shall require any community residential home seeking licensure pursuant to section
25.5-10-214
to comply with any applicable zoning regulations of the municipality, city and county, or county where the home is situated. Failure to comply with applicable zoning regulations shall constitute grounds for the denial of a license to a home; except that nothing in this section shall be construed to supersede the provisions of sections
30-28-115 (2)
,
31-23-301 (4)
, and
31-23-303 (2)
, C.R.S.
(2)
The state department shall ensure that timely written notice is provided to the municipality, city and county, or county where a community residential home is situated, including the address of the home and the population and number of persons to be served by the home, when any of the following occurs:
(a)
An application for a license to operate a community residential home pursuant to section
25.5-10-214
is made;
(b)
A license is granted to a community residential home pursuant to section
25.5-10-214
;
(c)
A change in the license of a community residential home occurs; or
(d)
The license of a community residential home is revoked or otherwise terminated for any reason.
(3)
In the event of a zoning or other delay or dispute between a community residential home and the municipality, city and county, or county where the home is situated, the state department may grant a provisional license to the home for up to one hundred twenty days pending resolution of the delay or dispute.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1767, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-109.5
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-217 - Conduct of court proceedings

All court proceedings arising under section
25.5-10-216
shall be conducted by the district attorney of the county where the proceeding is held or by a qualified attorney acting for the district attorney appointed by the district court for that purpose; except that, in any county or in any city and county having a population exceeding one hundred thousand persons, the proceedings shall be conducted by the county attorney or by a qualified attorney acting for the county attorney appointed by the district court. In any case in which there has been a change of venue to a county other than the county of residence of the respondent or the county in which the proceeding was commenced, the county from which the proceeding was transferred shall either reimburse the county in which the proceeding was held for the reasonable costs incurred in conducting the proceeding or conduct the proceeding itself using its own personnel and resources, including its own district or county attorney, as the case may be.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1769, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-111
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-218 - Persons' rights

(1)
Unless a person's rights are modified by court order, a person with an intellectual and developmental disability has the same legal rights and responsibilities guaranteed to all other persons under the federal and state constitutions and federal and state laws. No otherwise qualified person, by reason of having an intellectual and developmental disability, may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity which receives public funds.
(2)
The receipt of services and supports pursuant to this article does not deprive any person of any other rights, benefits, or privileges or cause the person to be declared legally incompetent.
(3)
The rights of any person receiving services which are specified in this article 10 may be modified to protect the person receiving services from endangering the person, others, or property. the rights may be modified only with the informed consent of the Person receiving services or the Person'S legally authorized representative and with subsequent review by the person receiving services, The person's legally authorized representative, The person's interdisciplinary team, and by the human rights committee in order to provide specific services or supports to the person receiving services, which will promote the least restriction on the person's rights. the person's legal rights may be removed by a court pursuant to section 25.5-10-216 .
(4)
None of the rights established pursuant to this article shall be construed to interfere with the rights and privileges of parents regarding their minor child.
Amended by 2021 Ch. 83, § 45, eff. 7/1/2024.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1770, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-112
as it existed prior to 2013.
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) › CHILDREN'S BASIC HEALTH PLAN (§§ 25.5-8-101 — 25.5-11-101) › Article 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-219 - Right to individualized plan or individualized family service plan - repeal

(1)
Each person receiving services must have an individualized plan, an individualized family service plan, or a similar plan specified by the state department that qualifies as an individualized plan that is developed by the person's interdisciplinary team. The individualized family service plan for a child with disabilities from birth through two years of age shall be developed in compliance with part 4 of article
3
of title
26.5
.
(2)
Pursuant to section
25.5-10-211
, the individualized plan for each person who receives services or supports shall be reviewed at least annually and modified as necessary or appropriate; except that an individualized family service plan for a child with disabilities from birth through two years of age shall be reviewed as required pursuant to part 4 of article
3
of title
26.5
. A review consists of, but is not limited to, the determination by the interdisciplinary team as to whether the needs and preferences of the person receiving services or supports are accurately reflected in the plan, whether the services and supports provided pursuant to the plan are appropriate to meet the person's needs and preferences, and what actions are necessary for the plan to be achieved.
(3)
This section is repealed, effective July 1, 2024.
Amended by 2022 Ch. 123, § 80, eff. 7/1/2022.
Repealed by 2021 Ch. 83, § 69, eff. 7/1/2024.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1770, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-113
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-222 - Right to religious belief, practice, and worship

No person receiving services is required to perform any act or be subject to any procedure whatsoever which is contrary to the person's religious belief, and each such person has the right to practice such religious belief and be accorded the opportunity for religious worship. Provisions for religious worship must be made available to all persons receiving services on a nondiscriminatory basis. No such person shall be coerced into engaging in or refraining from any religious activity, practice, or belief.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1773, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-116
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-223 - Rights to communications and visits

(1)
Each person receiving services has the right to communicate freely and privately with others of the person's own choosing.
(2)
Each person receiving services has the right to receive and send sealed, unopened correspondence. No such person's incoming or outgoing correspondence shall be opened, delayed, held, or censored by any person.
(3)
Each person receiving services shall have the right to receive and send packages. No such person's outgoing packages shall be opened, delayed, held, or censored by any person.
(4)
Each person receiving services must have reasonable access to telephones, both to make and to receive calls in privacy, and must be afforded reasonable and frequent opportunities to meet with visitors.
(5)
All service agencies shall ensure that persons receiving services have suitable opportunities for interaction with persons of their choice. Nothing in this section will limit the protections provided under article
3.1
of title
26
, C.R.S.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1774, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-117
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-224 - Right to fair employment practices

(1)
No person receiving services shall be required to perform labor; except that persons receiving services may voluntarily engage in such labor if the labor is compensated in accordance with applicable minimum wage laws.
(2)
No person receiving services shall be involved in the physical care, care and treatment, training, or supervision of other persons receiving services unless such person has volunteered, has been specifically trained in the necessary skills, and has the judgment required for such activities, is adequately supervised, and is reimbursed in accordance with the applicable minimum wage laws.
(3)
Each person receiving services may perform vocational training tasks, subject to a presumption that an assignment longer than three months to any task is not a training task, if the specific task or any change in task assignment is an integral part of such person's individualized plan. If such person performs vocational training tasks for which the service agency is receiving compensation from any outside source, the person shall be compensated in accordance with the applicable minimum wage laws.
(4)
Each person receiving services may voluntarily engage in labor for which the service agency would otherwise have to pay an employee if the specific labor or any change in labor is an integral part of such person's individualized plan and the person is compensated in accordance with the applicable minimum wage laws.
(5)
Each person receiving services may be required to perform tasks of a personal housekeeping nature or tasks oriented to improving community living skills in accordance with the person's individualized plan.
(6)
Payment to persons receiving services pursuant to this section shall not be collected by the service agency to offset the costs of providing services and supports to such person.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1774, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-118
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-225 - Right to vote

Each person receiving services who is eligible to vote according to law has the right to vote in all primary and general elections. As necessary, all service agencies shall assist such persons to register to vote, to obtain mail ballots, to comply with other requirements that are prerequisite to voting, and to vote.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1775, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-119
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-227 - Right to personal property

(1)
Each person receiving services has the right to the possession and use of such person's own clothing and personal effects. If the service agency holds any of such person's personal effects for any reason, such retention shall be promptly recorded in such person's record and the reason for retention shall also be recorded.
(2)
Upon the request of a person receiving services, a service agency may hold money or funds belonging to the person receiving services, received by such person, or received by the service agency for such person. All such money or funds shall be held by the service agency as trustee for the person receiving services. Upon request, an accounting shall be rendered by the service agency.
(3)
Upon request, a person receiving services is entitled to receive reasonable amounts of such person's money or funds held in trust.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1776, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-121
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-228 - Right to influence policy

The persons receiving services of a service agency are entitled to establish a committee to hear the views and represent the interests of all such persons served by the agency and to attempt to influence the policies of the agency to the extent that they influence provision of services and supports.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1776, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-122
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-229 - Right to notification

Each person receiving services has the right to read or have explained, in each person's or family's native language, any rules adopted by the service agency and pertaining to such person's activities.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1777, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-123
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-230 - Discrimination

No person who has received services or supports under any provision of this article shall be discriminated against because of such status. For purposes of this section, "discrimination" means the giving of any unfavorable weight to the fact that a person has received such services or supports.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1777, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-124
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-231 - Sterilization rights

(1)
It is the intent of the general assembly that the procedures set forth in the following subsections be utilized when sterilization is being considered for the primary purpose of rendering the person incapable of reproduction.
(2)
Any person with an intellectual and developmental disability over eighteen years of age who has given informed consent has the right to be sterilized, subject to the following:
(a)
Prior to the procedure, competency to give informed consent and assurance that such consent is voluntarily and freely given shall be evaluated by the following:
(I)
A psychiatrist, psychologist, or physician who does not provide services or supports to the person and who has consulted with and interviewed the person with an intellectual and developmental disability; and
(II)
An intellectual and developmental disabilities professional who does not provide services or supports in which said person participates, and who has consulted with and interviewed the person with an intellectual and developmental disability.
(b)
The professionals who conducted the evaluation pursuant to paragraph (a) of this subsection (2) shall consult with the physician who is to perform the operation concerning each professional's opinion in regard to the informed consent of the person requesting the sterilization.
(3)
Any person with an intellectual and developmental disability whose capacity to give an informed consent is challenged by the intellectual and developmental disabilities professional or the physician may file a petition with the court to declare competency to give consent pursuant to the procedures set forth in section
25.5-10-232
.
(4)
No person with an intellectual and developmental disability who is over eighteen years of age and has the capacity to participate in the decision-making process regarding sterilization shall be sterilized in the absence of the person's informed consent. No minor may be sterilized without a court order pursuant to section
25.5-10-233
.
(5)
Sterilization conducted pursuant to this section shall be legal. Consent given by any person pursuant to subsection (2) of this section is not revocable after sterilization, and no person shall be liable for acting pursuant to such consent.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1777, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-128
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-232 - Competency to give consent to sterilization

(1)
If the competency of the person with an intellectual and developmental disability to give consent to sterilization is disputed by the intellectual and developmental disabilities professional, the psychiatrist or psychologist, or physician, said person may file a petition for declaration of competency to give consent to sterilization with the court. Upon the filing of a petition which shows that said person is over eighteen years of age and desires to give consent to sterilization, the court shall immediately set a hearing to determine the person's competency to give such consent. For the purpose of determining competency, the court shall appoint two or more independent professional persons with expertise in the field of intellectual and developmental disabilities who do not provide services and supports to said person to examine said person and to present their findings as to said person's competency to give consent to sterilization at the competency hearing.
(2)
If the court determines that the person has given consent to sterilization and is competent to give such consent, the court may order that the sterilization be performed unless the person withdraws consent to sterilization prior to the sterilization being performed. If the court determines that the person is incompetent to give consent to sterilization, the court shall order that no sterilization be performed without further court proceedings pursuant to section
25.5-10-233
.
(3)
Determination of competency in these proceedings is specific to the ability to give consent to sterilization and does not determine legal competency for any other purpose.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1778, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-129
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-234 - Confidentiality of sterilization proceedings

All records, hearings, and proceedings pursuant to sections
25.5-10-231
to
25.5-10-233
are strictly confidential unless requested to be open to the public by the person with an intellectual and developmental disability or the person's legal guardian.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1779, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-131
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-235 - Limitations on sterilization

(1)
Consent to sterilization shall be made neither a condition for release from any institution nor a condition for the exercise of any right, privilege, or freedom.
(2)
Nothing in this article requires any hospital or any person to participate in any sterilization, nor shall any hospital or any person be civilly or criminally liable for refusing to participate in any sterilization.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1779, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-132
as it existed prior to 2013.
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 10 - COMMUNITY LIVING (§§ 25.5-10-101 — 25.5-10-403) › Part 2 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-10-201 — 25.5-10-241) › Section 25.5-10-236 - Civil action and attorney fees

A violation of any provision of this article gives rise to a civil cause of action by the person adversely affected by such violation, and any judgment may include plaintiff's reasonable attorney fees.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1780, § 1, effective 3/1/2014.
This section is similar to former §
27-10.5-134
as it existed prior to 2013.