C.R.S. Section 25.5-1-116
Records confidential

  • authorization to obtain records of assets
  • release of location information to law enforcement agencies
  • outstanding felony arrest warrants

(1)

The state department may establish reasonable rules to provide safeguards restricting the use or disclosure of information concerning applicants, recipients, and former and potential recipients of medical assistance to purposes directly connected with the administration of such medical assistance and related state department activities and covering the custody, use, and preservation of the records, papers, files, and communications of the state and county departments. Whenever, under provisions of law, names and addresses of applicants for, recipients of, or former and potential recipients of medical assistance are furnished to or held by another agency or department of government, such agency or department shall be required to prevent the publication of lists thereof and their uses for purposes not directly connected with the administration of such medical assistance.
(2)(a)(I) Except as provided in subparagraphs (II) and (III) of this paragraph (a), it is unlawful for any person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving public assistance and welfare directly or indirectly derived from the records, papers, files, or communications of the state or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties. No financial institution or insurance company that provides the data, whether confidential or not, required by the state department, in accordance with the provisions of this subsection (2), shall be liable for the provision of the data to the state department nor for any use made thereof by the state department.

(II)

The information described in subparagraph (I) of this paragraph (a) may be disclosed for purposes directly connected with the administration of medical assistance and in accordance with this paragraph (a) and paragraphs (b) and (c) of this subsection (2) and with the rules of the state department.

(III)

Intentionally left blank —Ed.

(A)

Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the state department shall provide the bureau with information concerning the location of any person whose name appears in the department’s records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the state department. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The state department and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the state department nor its employees or agents shall be liable in civil action for providing information in accordance with the provisions of this sub-subparagraph (A).

(B)

As used in sub-subparagraph (A) of this subparagraph (III), “law enforcement agency” means any agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. “Law enforcement agency” includes but is not limited to any police department, sheriff’s department, district attorney’s office, the office of the state attorney general, and the Colorado bureau of investigation.

(b)

By signing an application or redetermination of eligibility form for medical assistance, an applicant authorizes the state department to obtain records pertaining to information provided in that application or redetermination of eligibility form from a financial institution, as defined in section 15-15-201 (4), C.R.S., or from any insurance company. The application or redetermination of eligibility form shall contain language clearly indicating that signing constitutes such an authorization.

(c)

Intentionally left blank —Ed.

(I)

In order to determine if applicants for or recipients of medical assistance have assets within eligibility limits, the state department may provide a list of information identifying these applicants or recipients to any financial institution, as defined in section 15-15-201 (4), C.R.S., or to any insurance company. This information may include identification numbers or social security numbers. The state department may require any such financial institution or insurance company to provide a written statement disclosing any assets held on behalf of individuals adequately identified on the list provided. Before a termination notice is sent to the recipient, the county department or the medical assistance site in verifying the accuracy of the information obtained as a result of the match shall contact the recipient and inform the recipient of the apparent results of the computer match and give the recipient the opportunity to explain or correct any erroneous information secured by the match. The requirement to run a computerized match shall apply only to information that is entered in the financial institution’s or insurance company’s data processing system on the date the match is run and shall not be deemed to require any such institution or company to change its data or make new entries for the purpose of comparing identifying information. The cost of providing such computerized match shall be borne by the state department.

(II)

For the fiscal year beginning July 1, 1984, and thereafter, all funds expended by the state department to pay the cost of providing such computerized matches shall be subject to an annual appropriation by the general assembly.

(III)

The state department may expend funds appropriated pursuant to subparagraph (II) of this paragraph (c) in an amount not to exceed the amount of annualized general fund savings that result from the termination of recipients from medical assistance specifically due to disclosure of assets pursuant to this subsection (2).

(d)

No applicant shall be denied nor any recipient discontinued due to the disclosure of their assets unless and until the county department or medical assistance site has assured that such assets taken together with other assets exceed the limit for eligibility of countable assets. Any information concerning assets found may be used to determine if such applicant’s or recipient’s eligibility for other medical assistance is affected.

(3)

The applicant for or recipient of medical assistance, or his or her representative, shall have an opportunity to examine all applications and pertinent records concerning said applicant or recipient which constitute a basis for denial, modification, or termination of such medical assistance or to examine such records in case of a fair hearing.

(4)

Any person who violates subsection (1) or (2) of this section commits a petty offense.

Source: Section 25.5-1-116 — Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­5.­pdf (accessed Oct. 20, 2023).

25.5‑1‑101
Short title
25.5‑1‑102
Legislative declaration
25.5‑1‑103
Definitions
25.5‑1‑104
Department of health care policy and financing created - executive director - powers, duties, and functions - report
25.5‑1‑105
Transfer of functions
25.5‑1‑105.5
Chief medical officer - qualifications
25.5‑1‑107
Final agency action - administrative law judge - authority of executive director
25.5‑1‑108
Executive director - rules
25.5‑1‑109
Department of health care policy and financing cash fund
25.5‑1‑109.5
Clinical standards - development
25.5‑1‑114
Grants-in-aid - county supervision
25.5‑1‑114.5
Medicaid fraud detection - request for information
25.5‑1‑115
Locating violators - recoveries
25.5‑1‑115.5
Medical assistance fraud - report
25.5‑1‑116
Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants
25.5‑1‑117
County departments - district departments
25.5‑1‑118
Duties of county departments
25.5‑1‑119
County staff
25.5‑1‑120
Appropriations
25.5‑1‑121
County expenditures - advancements - procedures
25.5‑1‑122
County appropriation increases - limitations
25.5‑1‑123
Medical homes for children - legislative declaration - duties of the department
25.5‑1‑124
Early intervention payment system - participation by state department - rules - definitions
25.5‑1‑126
Discounted prices for durable medical equipment and supplies
25.5‑1‑127
Third-party benefit denials information
25.5‑1‑128
Provider payments - compliance with state fiscal requirements - definitions - rules
25.5‑1‑129
State department proposal - state option for health-care coverage - report to general assembly - waiver authorization - legislative declaration
25.5‑1‑130
Improving access to behavioral health services for individuals at risk of entering the criminal or juvenile justice system - duties of the state department
25.5‑1‑131
Insurance ombudsman - consumer advocate - duties
25.5‑1‑132
Report of medicaid reimbursement rates paid to community mental health center providers and independent providers - definition
25.5‑1‑133
Access to behavioral health services for individuals under twenty-one years of age - rules - report - repeal
25.5‑1‑134
Prescription benefits - department and pharmacy benefit manager - contracts - audit - rules
25.5‑1‑201
Programs to be administered by the department of health care policy and financing
25.5‑1‑203
Prescription drug information and technical assistance program - expansion
25.5‑1‑204
Advisory committee to oversee the all-payer health claims database - creation - members - duties - legislative declaration - rules - report
25.5‑1‑204.5
All-payer health claims database scholarship grant program - creation - definitions
25.5‑1‑204.7
All-payer health claims database - creation of tool for review of data included in the database - definitions
25.5‑1‑205
Providing for the efficient provision of health care through state-supervised cooperative action - rules
25.5‑1‑206
School-based substance abuse prevention and intervention program - creation - reporting - legislative declaration - definitions
25.5‑1‑207
Rural provider access and affordability stimulus grant program - advisory committee - fund - reporting - rules - definitions - repeal
25.5‑1‑301
Medical services board - creation
25.5‑1‑302
Medical services board - organization
25.5‑1‑303
Powers and duties of the board - scope of authority - rules
25.5‑1‑601
Legislative declaration
25.5‑1‑602
Commission created - composition - terms of office
25.5‑1‑603
Duties of commission - reporting
25.5‑1‑701
Definitions
25.5‑1‑702
Hospitals - public community meeting requirement - rules
25.5‑1‑703
Hospitals - community health needs assessments - community benefit implementation plans - reports - rules
25.5‑1‑704
Hospital community investment compliance - rules
25.5‑1‑801
Definitions
25.5‑1‑802
Medicaid transportation services - safety and oversight - rules
25.5‑1‑901
Legislative declaration
25.5‑1‑902
Definitions
25.5‑1‑903
Failure to comply with hospital price transparency laws - prohibiting collection of debt - penalty
25.5‑1‑904
Transparency - hospitals - standard charges - shoppable services - enforcement
25.5‑1‑1001
Hospital collaborative agreements - review of proposed collaborative agreements - immunity - legislative declaration - definitions - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 25.5-1-116’s source at colorado​.gov