(1) [ Editor's note: This version of the introductory portion to subsection (1) is effective July 1, 2024. ] Subject to annual appropriations by the general assembly, the state department shall provide or purchase, pursuant to subsection (4) of this section, authorized long-term services and supports from case management agencies or service agencies for persons who have been determined to be eligible for such long-term services and supports pursuant to section 25.5-6-1704 and as specified in the eligible person's individualized plan. Those long-term services and supports may include, but need not be limited to, the following:
(2) [ Editor's note: This version of subsection (2) is effective July 1, 2024. ] Service agencies and case management agencies receiving funds pursuant to subsection (1) of this section shall comply with all of the provisions of this article 10 and the rules promulgated thereunder.
(3) [ Editor's note: This version of subsection (3) is effective July 1, 2024. ] Case management services must be purchased from the case management agency, except as otherwise provided in subsection (4) of this section.
(4) (a) [ Editor's note: This version of the introductory portion to subsection (4)(a) is effective July 1, 2024. ] The state department may purchase long-term services and supports directly from service agencies and case management services from case management agencies if:
(II) [ Editor's note: This version of subsection (4)(a)(II) is effective July 1, 2024. ] The executive director has determined that a long-term service or support provided or purchased by a case management agency does not meet established standards and the continuation of purchase of the long-term service or support through the case management agency is not in the best interests of the persons receiving services.
(b) (I) [ Editor's note: This version of subsection (4)(b)(I) is effective July 1, 2024. ] The state department shall only purchase long-term services and supports directly from those case management agencies or service agencies that meet established standards.
(5) [ Editor's note: This version of subsection (5) is effective July 1, 2024. ] Governmental units, including but not limited to counties, municipalities, school districts, health service districts, and state institutions of higher education, are authorized at their own expense to furnish money, materials, or long-term services and supports to persons with intellectual and developmental disabilities, or to purchase long-term services and supports for such persons through designated case management agencies or service agencies, so long as no conditions or requirements imposed as a result of the provision or purchase conflict with the provisions of this article 10 or the rules promulgated thereunder.
(b) [ Editor's note: This version of subsection (7)(b) is effective July 1, 2024. ] Each school district shall pay to the case management agency purchasing programs attended by a student with an intellectual and developmental disability, who is domiciled in the school district and may be counted in the district's pupil enrollment, an amount at least equal to the district's per pupil revenues as determined pursuant to the "Public School Finance Act of 1994", article 54 of title 22. This subsection (7) applies to students who are less than twenty-two years of age.
Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1754, § 1, effective March 1, 2014. L. 2017: (4)(b) amended, (HB 17-1284), ch. 272, p. 1505, § 12, effective May 31; IP(1), (2), (3), IP(4)(a), (4)(b), and (5) amended, (HB 17-1343), ch. 320, p. 1723, § 3, effective June 5. L. 2021: IP(1), (2), (3), IP(4)(a), (4)(a)(II), (4)(b)(I), (5), and (7)(b) amended, (HB 21-1187), ch. 83, p. 339, § 41, effective July 1, 2024.
Structure Colorado Code
Title 25.5 - Health Care Policy and Financing
Part 2 - Intellectual and Developmental Disabilities
§ 25.5-10-201. Legislative Declaration
§ 25.5-10-202. Definitions - Repeal
§ 25.5-10-204. Duties of the Executive Director - State Board Rules - Definition - Repeal
§ 25.5-10-205. Community-Centered Boards and Service Agencies - Local Public Procurement Units
§ 25.5-10-205. Case Management Agencies - Local Public Procurement Units
§ 25.5-10-207. Long-Term Services and Supports - Waiting List Reduction - Cash Fund - Repeal
§ 25.5-10-208. Service Agencies and Case Management Agencies - Money - Rules - Repeal
§ 25.5-10-210. Revocation of Designation - Repeal
§ 25.5-10-211. Eligibility Determination - Individualized Plan - Periodic Review - Rules - Repeal
§ 25.5-10-213. Discharge - Repeal
§ 25.5-10-214. Community Residential Home - Licenses - Rules
§ 25.5-10-216. Imposition of Legal Disability - Removal of Legal Right
§ 25.5-10-217. Conduct of Court Proceedings
§ 25.5-10-218. Persons' Rights
§ 25.5-10-219. Right to Individualized Plan or Individualized Family Service Plan - Repeal
§ 25.5-10-220. Right to Medical Care and Treatment
§ 25.5-10-221. Right to Humane Treatment
§ 25.5-10-222. Right to Religious Belief, Practice, and Worship
§ 25.5-10-223. Rights to Communications and Visits
§ 25.5-10-224. Right to Fair Employment Practices
§ 25.5-10-227. Right to Personal Property
§ 25.5-10-228. Right to Influence Policy
§ 25.5-10-229. Right to Notification
§ 25.5-10-231. Sterilization Rights
§ 25.5-10-232. Competency to Give Consent to Sterilization
§ 25.5-10-233. Court-Ordered Sterilization
§ 25.5-10-234. Confidentiality of Sterilization Proceedings
§ 25.5-10-235. Limitations on Sterilization
§ 25.5-10-236. Civil Action and Attorney Fees