2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 9 - HOME- AND COMMUNITY-BASED SERVICE PROGRAMS FOR CHILDREN (§§ 25.5-6-901 — 25.5-6-903) › Section 25.5-6-903 - [Effective 8/7/2024] Residential child health-care program - waiver - home- and community-based services - rules

(1)
Subject to federal authorization, the state department shall implement a program for medicaid-eligible children with intellectual and developmental disabilities, as defined in section
25.5-10-202
, with significant behavioral support needs who are at risk of institutionalization. The state board shall establish, by rule, the type of services provided pursuant to the program, to the extent the services are cost-efficient, and the Member eligibility criteria that may include, but are not limited to, a medical necessity determination and a financial eligibility determination.
(2)
The state department may limit the number of participants in the program in accordance with any federal waiver obtained by the state department to implement this section.
(3)
The state board shall promulgate rules as necessary for the implementation and administration of the program, including but not limited to rules regarding program services; eligibility criteria, including financial eligibility criteria; and reimbursement of providers.
(4)
This section will take effect if the federal department of health and human services approves a redesigned children's habilitation residential program waiver for medicaid-eligible children with intellectual and developmental disabilities, as defined in section
25.5-10-202
, who have complex behavioral support needs, pursuant to House Bill 18-1328, as enacted in 2018. The executive director of the state department shall notify the revisor of statutes in writing of the date on which the condition specified in this section has occurred by e-mailing the notice to revisorofstatutes.ga@state.co.us. This section takes effect, effective upon the date identified in the notice that the federal department of health and human services approved the waiver or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Amended by 2024 Ch. 152,§ 90, eff. 8/7/2024.
Added by 2018 Ch. 184, § 3, eff. 6/7/2019.
L. 2018: Entire section added, (HB 18-1328), ch. 1243, p. 1243, § 3, effective 6/7/2019.
Section 10 of chapter 184 (HB 18-1328), Session Laws of Colorado 2018, provides that section 3 of the act adding this section takes effect upon notice to the revisor of statutes pursuant to § 25.5-5-306(6) as enacted in section 2 of the act. For more information, see HB 18-1328. ( L. 2018, p. 1247.) On August 14, 2019, the revisor of statutes received the notice referred to in subsection (4) and § 25.5-5-306(6) that the federal department of health and human services approved the waiver on June 7, 2019.
2024 Ch. 152, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in HB 18-1328, see section 1 of chapter 184, Session Laws of Colorado 2018.