Colorado Code
Part 1 - General Provisions
§ 26-1-127. Fraudulent Acts

(1.5) To the extent not otherwise prohibited by state or federal law, any person against whom a county department of social services or the state department obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or willfully aided and abetted another to obtain public assistance or vendor payments or medical assistance as defined in this title 26 to which the person is not entitled or in an amount greater than that to which the person is justly entitled or payment of any forfeited installment grants or benefits to which the person is not entitled or in a greater amount than that to which the person is entitled, by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device, is disqualified from participation in the public assistance program under article 2 of this title 26 in which a recipient is found to have committed an intentional program violation for one year for a first incident, two years for a second incident, and permanently for a third or subsequent incident. Such disqualification is mandatory and is in addition to any other remedy available to a judgment creditor.

(2) (a) [ Editor's note: This version of subsection (2)(a) is effective March 1, 2022. ] If, at any time during the continuance of public assistance under this title 26, the recipient thereof acquires any property or receives any increase in income or property, or both, in excess of that declared at the time of determination or redetermination of eligibility or if there is any other change in circumstances affecting the recipient's eligibility, it shall be the duty of the recipient to notify the county department within thirty days in writing or take steps to secure county assistance to prepare such notification in writing of the acquisition of such property, receipt of such income, or change in such circumstances; and any recipient of such public assistance who knowingly fails to do so commits a petty offense and shall be punished as provided in section 18-1.3-503. If such property or income is received infrequently or irregularly and does not exceed a total value of ninety dollars in any calendar quarter, such property or income shall be excluded from the thirty-day written reporting requirement but shall be reported at the time of the next redetermination of eligibility of a recipient.



(3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] Any recipient or vendor who falsifies any report required under this title 26 commits a petty offense and shall be punished as provided in section 18-1.3-503.




Source: L. 77: Entire section added, p. 1333, § 3, effective January 1, 1978. L. 79: (6) repealed, p. 1093, § 2, effective June 21. L. 81: (1) amended, p. 1371, § 1, effective June 5. L. 89: (1) amended, p. 846, § 118, effective July 1. L. 94: (1) amended and (1.5) added, p. 2062, § 4, effective July 1. L. 97: (1) and (1.5) amended, p. 1229, § 13, effective July 1. L. 2002: (1), (2)(a), and (3) amended, p. 1538, § 272, effective October 1. L. 2020: (1) and (1.5) amended, (SB 20-206), ch. 222, p. 1095, § 1, effective July 2. L. 2021: (2)(a) and (3) amended, (SB 21-271), ch. 462, p. 3242, § 485, effective March 1, 2022.
Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Cross references: (1) For fraudulent acts relating to food stamps, see §§ 26-2-305 and 26-2-306; for offenses involving fraud under the "Colorado Criminal Code", see part 1 of article 5 of title 18.
(2) For the legislative declaration contained in the 2002 act amending subsections (1), (2)(a), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.

Structure Colorado Code

Colorado Code

Title 26 - Human Services Code

Article 1 - Department of Human Services

Part 1 - General Provisions

§ 26-1-101. Short Title

§ 26-1-102. Legislative Declaration

§ 26-1-103. Definitions

§ 26-1-104. Construction of Terms

§ 26-1-105. Department of Human Services Created - Executive Director - Powers, Duties, and Functions

§ 26-1-105.5. Transfer of Functions - Employees - Property - Records

§ 26-1-106. Final Agency Action - Administrative Law Judge - Authority of Executive Director

§ 26-1-107. State Board of Human Services - Rules

§ 26-1-108. Powers and Duties of the Executive Director - Rules

§ 26-1-109. Cooperation With Federal Government - Grants-in-Aid

§ 26-1-109.5. Treatment of Restitution Payments Under This Title - Declaration - Exclusion From Financial Determinations

§ 26-1-110. Publications

§ 26-1-111. Activities of the State Department Under the Supervision of the Executive Director - Cash Fund - Report - Rules - Statewide Adoption Resource Registry

§ 26-1-111.3. Activities of the State Department Under the Supervision of the Executive Director - Colorado State Youth Development Plan - Creation - Definitions

§ 26-1-112. Locating Violators - Recoveries

§ 26-1-114. Records Confidential - Authorization to Obtain Records of Assets - Release of Location Information to Law Enforcement Agencies - Outstanding Felony Arrest Warrants

§ 26-1-114.5. Records - Access by County Auditor

§ 26-1-115. County Departments - District Departments

§ 26-1-116. County Boards - District Boards

§ 26-1-117. County Director - District Director

§ 26-1-118. Duties of County Departments, County Directors, and District Attorneys

§ 26-1-119. County Staff

§ 26-1-120. Merit System

§ 26-1-121. Appropriations - Food Distribution Programs

§ 26-1-122. County Appropriations and Expenditures - Advancements - Procedures

§ 26-1-122.3. Public Assistance Programs - County Administration - Data Collection and Analysis - Vendor Contract

§ 26-1-122.5. County Appropriation Increases - Limitations - Definitions

§ 26-1-123. County Social Services Fund

§ 26-1-124. County Social Services Budget

§ 26-1-126. County Contingency Fund - County Tax Base Relief Fund - Creation

§ 26-1-126.5. Effect of Supreme Court's Interpretation of Section 26-1-126, Creating the County Contingency Fund for Public Assistance and Welfare Programs

§ 26-1-127. Fraudulent Acts

§ 26-1-127.5. Prevention of Erroneous Payments to Prisoners - Incentives

§ 26-1-129. Comprehensive Information - Packet of Aged Services and Programs - Implementation

§ 26-1-130. Applications for Licenses - Authority to Suspend Licenses - Rules - Definitions

§ 26-1-132. Department of Human Services - Rate Setting - Residential Treatment Service Providers - Monitoring and Auditing - Report

§ 26-1-133.5. Rental Properties - Fund Created

§ 26-1-134. Home- and Community-Based Services for Persons With Developmental Disabilities - Cooperation

§ 26-1-135. Child Welfare Action Committee - Reporting - Cash Fund - Created

§ 26-1-136. Persons in a Department of Human Services Facility - Medical Benefits Application Assistance - County of Residence - Rules

§ 26-1-136.5. Menstrual Hygiene Products for a Person in Custody - Definition

§ 26-1-136.7. Opioid Treatment for a Person in Custody - Definitions

§ 26-1-136.8. Custody of a Person With the Capacity for Pregnancy

§ 26-1-137. Persons Committed to or Placed in a Department of Human Services Facility - Prohibition Against the Use of Restraints on Pregnant Women

§ 26-1-138. Memorandum of Understanding - Notification of Risk - Rules

§ 26-1-139. Child Fatality and Near Fatality Prevention - Process - Department of Human Services Child Fatality Review Team - Reporting - Rules - Legislative Declaration - Definitions

§ 26-1-141. Departments - Report Required - Hepatitis and Hiv Tests - Definitions

§ 26-1-142. Veteran Suicide Prevention Pilot Program - Rules - Report - Definitions - Repeal