C.R.S. Section 25.5-6-103
Court-approved trusts

transfer of property for persons seeking medical assistance
rule-making authority for trusts created on or after July 1, 1994
undue hardship

(1)

The state board shall adopt such rules as are necessary with respect to trusts established pursuant to sections 15-14-412.6 to 15-14-412.9. The state board shall adopt rules that address, but need not be limited to, the following:

(a)

The definition, including any limitations, of permissible distributions from trusts, taking federal guidelines into consideration;

(b)

Reasonable financial reimbursement or incentives to the state department, county departments of human or social services, and any other designated agencies for the efforts and expenses in monitoring trusts, and where necessary, for the recovery of trust property that has been improperly distributed or otherwise expended.

(2)

The state board shall comply with Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1396p (d)(5), as amended, which requires the state medicaid agency to establish procedures, in accordance with standards specified by the secretary of the United States department of health and human services, under which the state medicaid agency may waive the application of the general rules for considering trust property in determining eligibility for medical assistance if the applicant for medical assistance establishes that the application of the general rules would work an undue hardship on the individual.

(3)

The state department shall determine the feasibility of providing ongoing support of dependents by using the trust corpus during the life of the person for whom a trust is created or using the remainder of the trust after the death of the person for whom the trust was created. If the state department determines that it is feasible to provide that support, the state department shall seek a waiver from the federal government to permit the use of trust property for that purpose.

Source: Section 25.5-6-103 — Court-approved trusts - transfer of property for persons seeking medical assistance - rule-making authority for trusts created on or after July 1, 1994 - undue hardship, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-25.5.pdf (accessed Oct. 20, 2023).

25.5‑6‑101
Spousal protection - protection of income and resources for community spouse - definitions - amounts retained - responsibility of state department - right to appeal 25.5‑6‑102
Court-approved trusts - transfer of property for persons seeking medical assistance for nursing home care - undue hardship - legislative declaration 25.5‑6‑103
Court-approved trusts - transfer of property for persons seeking medical assistance - rule-making authority for trusts created on or after July 1, 1994 - undue hardship 25.5‑6‑104
Long-term care placements - comprehensive and uniform client assessment instrument - report - legislative declaration - definitions - repeal 25.5‑6‑105
Legislative declaration relating to implementation of single entry point system - repeal 25.5‑6‑106
Single entry point system - authorization - phases for implementation - services provided - repeal 25.5‑6‑107
Financing of single entry point system - repeal 25.5‑6‑108.5
Community long-term care studies - authority to implement - alternative care facility report 25.5‑6‑110
Private-public partnership education and information program concerning long-term care insurance authorized 25.5‑6‑113
Health home - integrated services - legislative declaration - contracting - definitions 25.5‑6‑115
Notification of federal immigration consequences 25.5‑6‑116
Community placement transformation - creation - report - repeal 25.5‑6‑201
Special definitions relating to nursing facility reimbursement 25.5‑6‑202
Providers - nursing facility provider reimbursement - exemption - rules - repeal 25.5‑6‑203
Nursing facilities - provider fees - federal waiver - fund created - rules - repeal 25.5‑6‑204
Providers - reimbursement - intermediate care facility for individuals with intellectual disabilities - reimbursement - maximum allowable 25.5‑6‑205
Collection of penalties assessed against nursing facilities - creation of cash fund 25.5‑6‑206
Personal needs benefits - amount - patient personal needs trust fund required - funeral and final disposition expenses - penalty for illegal retention and use 25.5‑6‑208
Nursing facility provider reimbursement - rules - definition - repeal 25.5‑6‑209
Establishment of nursing facility provider demonstration of need - criteria - rules 25.5‑6‑210
Additional supplemental payments - nursing facilities - funding methodology - reporting requirement - rules - repeal 25.5‑6‑301
Short title 25.5‑6‑302
Legislative declaration 25.5‑6‑303
Definitions - repeal 25.5‑6‑304
Administration 25.5‑6‑305
Provision of services for elderly and blind individuals and individuals with disabilities 25.5‑6‑306
Eligible groups 25.5‑6‑307
Services for the elderly, blind, and disabled 25.5‑6‑308
Cost of services 25.5‑6‑309
Special provisions - post-eligibility treatment of income 25.5‑6‑310
Special provisions - personal care services provided by a family - repeal 25.5‑6‑311
Duties of state department 25.5‑6‑312
Gifts - grants 25.5‑6‑313
Rules - federal authorization 25.5‑6‑314
Training for staff providing direct-care services to clients with dementia - rules - definitions 25.5‑6‑401
Short title 25.5‑6‑402
Legislative declaration - Prader-Willi syndrome 25.5‑6‑403
Definitions 25.5‑6‑404
Duties of the department of health care policy and financing and the department of human services 25.5‑6‑405
Relationship to other programs 25.5‑6‑406
Appropriations - reimbursement for services - direct support professionals - legislative declaration - definitions - repeal 25.5‑6‑407
Gifts - grants 25.5‑6‑408
Eligibility - fees 25.5‑6‑409
Services for persons with intellectual and developmental disabilities 25.5‑6‑409.3
Consolidated waiver - intellectual and developmental disabilities - conflict-free case management - legislative declaration - repeal 25.5‑6‑409.5
Transition plan for youth with intellectual and developmental disabilities to adult services - legislative declaration - report - rules - cash fund 25.5‑6‑410
Qualification for federal funding 25.5‑6‑411
Personal needs trust fund required 25.5‑6‑413
Elimination of subminimum wage - transition plan for individuals with disabilities - waiver - legislative declaration - definition 25.5‑6‑601
Short title 25.5‑6‑602
Legislative declaration - no entitlement created 25.5‑6‑603
Definitions 25.5‑6‑604
Cost of services 25.5‑6‑605
Relationship to single entry point for long-term care - repeal 25.5‑6‑606
Implementation of program for persons with mental health disorders authorized - federal waiver - duties of the department of health care policy and financing and the department of human services - rules 25.5‑6‑607
Implementation of part contingent upon receipt of federal waiver - repeal of part 25.5‑6‑701
Short title 25.5‑6‑702
Legislative declaration - no entitlement created 25.5‑6‑703
Definitions - repeal 25.5‑6‑704
Implementation of home- and community-based services program for persons with brain injury authorized - federal waiver - duties of the department - rules - repeal 25.5‑6‑705
Implementation of part contingent upon receipt of federal waiver - repeal of part 25.5‑6‑706
Rate structure - rules - quality assurance 25.5‑6‑901
Disabled children care program - eligibility criteria - documentation requirements - report to the general assembly 25.5‑6‑902
Children’s personal assistance services and family support program - repeal 25.5‑6‑903
Residential child health-care program - waiver - home- and community-based services - rules 25.5‑6‑1101
Definitions 25.5‑6‑1102
Service model - consumer-directed care - repeal 25.5‑6‑1103
Reporting 25.5‑6‑1201
Legislative declaration - repeal 25.5‑6‑1202
Definitions 25.5‑6‑1203
In-home support services - eligibility - licensure exclusion - in-home support service agency responsibilities - rules - repeal 25.5‑6‑1204
Provision of services - duties of state department - gifts - grants 25.5‑6‑1205
Accountability - rate structure - rules 25.5‑6‑1206
Report - repeal 25.5‑6‑1207
Repeal of part 25.5‑6‑1301
Legislative declaration 25.5‑6‑1302
Definitions 25.5‑6‑1303
Pilot program - complementary or alternative medicine - rules 25.5‑6‑1304
Repeal of part 25.5‑6‑1401
Legislative declaration 25.5‑6‑1402
Definitions 25.5‑6‑1403
Waivers and amendments 25.5‑6‑1404
Medicaid buy-in program - eligibility - premiums - medicaid buy-in fund - report - rules - repeal 25.5‑6‑1405
Rule-making authority 25.5‑6‑1406
Availability of federal financial assistance under medical assistance 25.5‑6‑1501
Community transition services and supports - legislative declaration - rules 25.5‑6‑1601
Definitions 25.5‑6‑1602
State department to request increase in reimbursement rate for certain services 25.5‑6‑1603
Minimum wage - wage pass-through requirement for certain home care agencies - applicability - reports - recovery 25.5‑6‑1604
Training for home care agency employees - process for reviewing and enforcing training requirements 25.5‑6‑1605
Exemptions 25.5‑6‑1701
Legislative declaration 25.5‑6‑1702
Definitions 25.5‑6‑1703
Case management system - defined service areas - case management services - only willing and qualified provider exemption - rules 25.5‑6‑1704
Intellectual and developmental disability determination - functional eligibility determination - rules 25.5‑6‑1705
Person-centered support plan 25.5‑6‑1706
Termination of long-term services and supports for member receiving services 25.5‑6‑1707
Records and confidentiality of information 25.5‑6‑1708
Performance audits - Colorado local government audit law - public disclosure of board administration and operations 25.5‑6‑1709
Community-centered board designation - rules 25.5‑6‑1801
Legislative declaration 25.5‑6‑1802
Definitions 25.5‑6‑1803
Development of spending plan 25.5‑6‑1804
Spending plan - approval by joint budget committee - reporting 25.5‑6‑1805
Home- and community-based services improvement fund - creation - transfer - expenditures 25.5‑6‑1806
Repeal of part 25.5‑6‑1901
Definitions 25.5‑6‑1902
Community first choice option - covered services - state plan amendment 25.5‑6‑1903
Permissible services and supports 25.5‑6‑1904
Maintenance of effort 25.5‑6‑1905
Eligibility

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Location: https://colorado.public.law/statutes/crs_25.5-6-103

Original Source: Section 25.5-6-103 — Court-approved trusts - transfer of property for persons seeking medical assistance - rule-making authority for trusts created on or after July 1, 1994 - undue hardship, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-25.5.pdf (last accessed Jul. 25, 2023).