2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-10-106) › ORGANIZATION (§§ 17-1-101 — 17-1-207) › Article 1 - DEPARTMENT OF CORRECTIONS (§§ 17-1-101 — 17-1-207) › Part 1 - CORRECTIONS ADMINISTRATION (§§ 17-1-101 — 17-1-168) › Section 17-1-113.5 - Inmates held in correctional facilities - medical benefits application assistance - county of residence - rules

(1)
(a)
Except as otherwise provided in paragraph (b) of this subsection (1), on and after January 1, 2003, any person who is sentenced to a term of imprisonment in a correctional facility 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 correctional facility, or who is reasonably expected to meet eligibility criteria pursuant to section
25.5-5-101 (1)(f)
or
25.5-5-201 (1)(j)
, C.R.S., upon release, shall receive assistance from correctional facility personnel in applying for such medical assistance at least ninety days prior to release.
(b)
On and after January 1, 2003, any person who is sentenced to a term of imprisonment in a correctional facility who was eligible for supplemental security income benefits under Title II of the federal "Social Security Act" immediately prior to entering the correctional facility, or who is reasonably expected to meet eligibility criteria for supplemental security income benefits upon release, shall receive assistance from the correctional facility personnel in applying for such supplemental security income benefits at least ninety days prior to release or sooner, if possible.
(c)
The department shall ensure that any inmate who is sixty-five years of age or older and is being released from prison is enrolled in the most appropriate medical insurance benefit plan including medicare, medicare savings plan, veteran's benefit, or other safety-net health insurance, or an individual health benefit plan prior to release or upon release, whichever will offer the more immediate health-care coverage. If an inmate who is sixty-five years of age or older is not enrolled in a medical insurance benefit plan prior to release and would be unable to pay for costs associated with enrollment in health insurance or would not otherwise be covered under a spouse's individual or employer offered insurance plan, the department shall pay any insurance premiums, penalties, or other costs related to enrollment in health insurance for up to six months from the start of coverage. The department may provide financial assistance for longer than six months if the person is still under the jurisdiction of the department and who would otherwise be uninsured or underinsured without that financial assistance.
(d)
The department shall ensure that an inmate who is eligible for premium-free medicare coverage is enrolled during the inmate's initial open enrollment period or during regular open enrollment.
(2)
The department of health care policy and financing shall provide information and training on medical assistance eligibility requirements and assistance to each correctional facility to assist in and expedite the application process for medical assistance for any inmate held in custody who meets the requirements of paragraph (a) of subsection (1) of this section.
(3)
The department of human services shall provide information and education regarding the supplemental security income systems and processes to each correctional facility.
(4)
(a)
For purposes of determining eligibility pursuant to section
25.5-4-205
, C.R.S., the county of residence of the inmate held in custody shall be the county specified by the inmate as his or her county of residence upon release.
(b)
The department of health care policy and financing shall promulgate rules to simplify the processing of applications for medical assistance pursuant to subsection (1)(a) of this section and to allow inmates determined to be eligible for such medical assistance to access the medical assistance upon release and thereafter. If a county department of human or social services determines that an inmate is eligible for medical assistance, the county shall enroll the inmate in medicaid effective upon release of the inmate. At the time of the inmate's release, the correctional facility shall give the inmate information and paperwork necessary for the inmate to access medical assistance. The applicable county department of human or social services shall provide such information.
(c)
The department of corrections shall attempt to enter into prerelease agreements with local social security administration offices, and, if appropriate, the county departments of human or social services, the state department of human services, or the department of health care policy and financing to simplify the processing of applications for medicaid or for supplemental security income to enroll inmates who are eligible for medical assistance pursuant to section
25.5-5-101 (1)(f)
or
25.5-5-201 (1)(j)
, effective upon release and to provide such inmates with the information and paperwork necessary to access medical assistance immediately upon release.
(5)
(Deleted by amendment, L. 2007, p. 1991, § 1, effective June 1, 2007.)
(6)
If an inmate is released from confinement but still under criminal justice supervision and is eligible for medical benefits pursuant to the "Colorado Medical Assistance Act", articles
4
to
6
of title
25.5
, the supervising criminal justice agency shall not place any restriction or make additional requirements a precondition that in any way inhibits the inmate from being able to choose a provider or receive medical care, behavioral health treatment, or any other assistance authorized under the medical benefits.
Amended by 2021 Ch. 459, § 7, eff. 7/6/2021.
Amended by 2018 Ch. 38, § 22, eff. 8/8/2018.
L. 2002: Entire section added, p. 805, § 1, effective July 1. L. 2003: (1)(a) and (4)(c) amended, p. 415, § 4, effective March 5. L. 2005: (1)(a) and (4)(c) amended, p. 4, § 7, effective January 1; (5) amended, p. 250, § 3, effective July 1. L. 2006: (1)(a), (4)(a), and (4)(c) amended, p. 2004, § 57, effective July 1. L. 2007: (2), (3), (4)(b), (4)(c), and (5) amended, p. 1991, § 1, effective June 1. L. 2018: (4)(b) and (4)(c) amended, (SB 18 -092), ch. 404, p. 404, § 22, effective August 8. L. 2021: (1)(c), (1)(d), and (6) added, (SB 21-146), ch. 3084, p. 3084, § 7, effective July 6.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.