(I.5) (A) If the state department determines that a recipient was not eligible for medical benefits solely based upon the recipient's income after the recipient had been determined to be eligible based upon electronic data obtained through a federally approved electronic data source, the state department shall not pursue recovery from a county department for the cost of medical services provided to the recipient, and the county department is not responsible for any federal error rate sanctions resulting from such determination.
(B) Notwithstanding any other provision in this paragraph (b), for applications that contain self-employment income, the state department shall not implement this paragraph (b) until it can verify self-employment income through federally approved electronic data sources as authorized by rules of the state department and federal law.
Source: L. 2006: (1)(a.5) added, p. 1592, § 2, effective June 2; entire article added with relocations, p. 1823, § 7, effective July 1. L. 2008: (3) and (5)(b) amended, p. 2024, § 1, effective June 3. L. 2009: (3)(e) added, (HB09-1020), ch. 298, p. 1595, § 1, effective May 21; (3)(b)(I)(C) and (3)(B)(I)(D) amended and (3)(b)(I.5) added, (SB 09-292), ch. 369, p. 1974, § 96, effective August 5. L. 2010: (4) amended, (SB 10-002), ch. 366, p. 1727, § 3, effective June 7; (1)(a.7) added, (HB 10-1041), ch. 25, p. 100, § 1, effective August 11. L. 2012: (3)(b)(I)(A), (3)(b)(I)(B), and (3)(b)(I.5)(A) amended, (HB 12-1120), ch. 27, p. 108, § 25, effective June 1. L. 2014: (1)(a), (3)(b)(I)(A), (3)(b)(I)(B), (3)(b)(I.5), and (3)(d)(II) amended, (SB 14-067), ch. 12, p. 109, § 2, effective February 27. L. 2021: (1)(a.7) amended, (HB 21-1187), ch. 83, p. 332, § 24, effective July 1, 2024.
Cross references: For the legislative declaration contained in the 2006 act enacting subsection (1)(a.5), see section 1 of chapter 320, Session Laws of Colorado 2006. For the legislative declaration in the 2010 act amending subsection (4), see section 1 of chapter 366, Session Laws of Colorado 2010.
Structure Colorado Code
Title 25.5 - Health Care Policy and Financing
Article 4 - Colorado Medical Assistance Act - General Medical Assistance
§ 25.5-4-203. Advisory Council Established
§ 25.5-4-204. Automated Medical Assistance Administration
§ 25.5-4-205. Application - Verification of Eligibility - Demonstration Project - Rules
§ 25.5-4-205.5. Confined Persons - Suspension of Benefits
§ 25.5-4-206. Reimbursement to Counties - Costs of Administration
§ 25.5-4-207. Appeals - Rules - Applicability
§ 25.5-4-208. County Duties - Transitional Medicaid
§ 25.5-4-210. Purchase of Health Insurance for Recipients
§ 25.5-4-213. Audit of Medicaid Client Correspondence - Definition