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 25.5-10-101 - Office of community living - creation - transfer of duties and functions - rules - legislative declaration

(1)
There is created in the state department the office of community living, referred to in this article 10 as the "office". The office is a
type 2
entity, as defined in section
24-1-105
. The head of the office is the director of community living appointed by the executive director in accordance with section 13 of article XII of the state constitution. The director of community living reports directly to the executive director.
(2)
(a)
On and after March 1, 2014, the powers, duties, and functions of the department of health care policy and financing include the powers, duties, and functions relating to the programs, services, and supports contained in this article 10 that were formerly vested in the department of human services. Such powers, duties, and functions are allocated to the division of intellectual and developmental disabilities of the office, which division is created in part 2 of this article 10.
(b)
(I)
By March 1, 2014, all positions of employment in the department of human services related to the administration of community-based long-term services and supports are transferred to the division of intellectual and developmental disabilities of the office and become employment positions therein.
(II)
All employees in positions transferred to the division of intellectual and developmental disabilities are considered employees of the division of intellectual and developmental disabilities of the office. Such employees retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous.
(c)
By March 1, 2014, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the department of human services related to the administration of community-based long-term services and supports are transferred to the division of intellectual and developmental disabilities of the office and become the property thereof.
(d)
On and after March 1, 2014, whenever the executive director of the department of human services or the department of human services is referred to or designated by any contract or other document in connection with the powers, duties, and functions transferred to the department of health care policy and financing, the reference or designation shall be deemed to apply to the department of health care policy and financing. All contracts entered into by the executive director of the department of human services prior to March 1, 2014, in connection with the powers, duties, and functions transferred to the department of health care policy and financing are hereby validated, with the executive director of the department of health care policy and financing succeeding to all the rights and obligations of such contracts.
(3)
All rules and orders of the department of human services, the executive director of the department of human services, and the state board of human services in connection with the programs transferred to the department of health care policy and financing shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
(4)
Repealed.
Amended by 2022 Ch. 469,§61, eff. 8/10/2022.
L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1742, § 1, effective July 1.
Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2014. (See L. 2013, p. 1742.)
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).