C.R.S. Section 27-10.5-104
Authorized services and supports

  • conditions of funding
  • purchase of services and supports
  • boards of county commissioners
  • appropriation
  • repeal

(1)

[Editor’s note:
This version of the introductory portion to subsection (1) is effective until July 1, 2024.]
Subject to annual appropriations by the general assembly, the department shall provide or purchase, pursuant to subsection (4) of this section, authorized services and supports from community-centered boards or service agencies for persons who have been determined to be eligible for such services and supports pursuant to section 27-10.5-106, and as specified in the eligible person’s individualized plan. Those services and supports may include, but need not be limited to, the following:

(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 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 27-10.5-106, 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:

(a)

Repealed.

(b)

Case management services;

(c)

Day services and supports that offer opportunities for persons with intellectual and developmental disabilities to experience and actively participate in valued adult roles in the community. These services and supports will enable persons receiving services to access and participate in community activities, such as work, recreation, higher education, and senior citizen activities. Day services and supports, including early intervention services, may also include the administration of nutrition or fluids through gastrostomy tubes, if administered by a person authorized pursuant to section 27-10.5-103 (2)(i) and supervised by a licensed nurse or physician.

(d)

Residential services and supports, including an array of training, learning, experiential, and support activities provided in living alternatives designed to meet the individual needs of persons receiving services and may include the administration of nutrition or fluids through gastrostomy tubes, if administered by a person authorized pursuant to section 27-10.5-103 (2)(i) and supervised by a licensed nurse or physician; and

(e)

Ancillary services, including activities that are secondary but integral to the provision of the services and supports specified in this subsection (1).

(2)

Service agencies receiving funds pursuant to subsection (1) of this section shall comply with all of the provisions of this article and the rules promulgated thereunder.

(3)

Repealed.

(4)

Intentionally left blank —Ed.

(a)

The department may purchase services and supports, including service and support coordination, directly from service agencies if:

(I)

Required by the federal requirements for the state to qualify for federal funds under Title XIX of the federal “Social Security Act”, as amended, including programs authorized pursuant to part 4 of article 6 of title 25.5, C.R.S.; or

(II)

Intentionally left blank —Ed.

(A)

The executive director has determined that a service or support provided or purchased by a designated community-centered board does not meet established standards and the continuation of purchase of the service or support through the community-centered board is not in the best interests of the persons receiving services.

(B)

This subsection (4)(a)(II) is repealed, effective July 1, 2024.

(b)

[Editor’s note:
This version of subsection (4)(b) is effective until July 1, 2024.]
The department shall only purchase services and supports directly from those community-centered boards or service agencies that meet established standards.

(b)

[Editor’s note:
This version of subsection (4)(b) is effective July 1, 2024.]
The department shall only purchase long-term services and supports directly from those service agencies that meet established standards.

(c)

Nothing in this section shall be construed to prohibit the provision of services and supports, including case management services, directly by the department through regional centers, for persons receiving services in regional centers.

(d)

Nothing in this section shall be construed to require the provision of services and supports, including case management services, directly by the department.

(5)

Intentionally left blank —Ed.

(a)

Each year the general assembly shall appropriate moneys to the department to provide or purchase services and supports for persons with intellectual and developmental disabilities pursuant to this section. Unless specifically provided otherwise, services and supports shall be purchased on the basis of state funding less any federal or cash funds received for general operating expenses from any other state or federal source, less funds available to a person receiving residential services or supports after such person receives an allowance for personal needs or for meeting other obligations imposed by federal or state law. The yearly appropriation, when combined with all other sources of funds, shall in no case exceed one hundred percent of the approved program costs as determined by the general assembly. Funds received for capital construction shall not be considered in the calculation for the distribution of funds under the provisions of this section.

(b)

Repealed.

Source: Section 27-10.5-104 — Authorized services and supports - conditions of funding - purchase of services and supports - boards of county commissioners - appropriation - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-27.­pdf (accessed Oct. 20, 2023).

27‑10.5‑102
Definitions - repeal 27‑10.5‑103
Duties of the executive director - rules - definitions 27‑10.5‑104
Authorized services and supports - conditions of funding - purchase of services and supports - boards of county commissioners - appropriation - repeal 27‑10.5‑104.5
Case management agencies when acting as a service agency - money - rules - repeal 27‑10.5‑105
Case management agencies - purchase of services and supports 27‑10.5‑106
Eligibility determination 27‑10.5‑107
Procedure for resolving disputes over eligibility, modification of services or supports, and termination of services or supports 27‑10.5‑108
Discharge 27‑10.5‑110
Imposition of legal disability - removal of legal right 27‑10.5‑110.5
Rights of persons with intellectual and developmental disabilities 27‑10.5‑201
Legislative declaration 27‑10.5‑202
Definitions 27‑10.5‑203
Establishment of state council 27‑10.5‑204
Development of the state plan 27‑10.5‑205
Powers and duties 27‑10.5‑206
State council employees 27‑10.5‑207
Cooperation of departments 27‑10.5‑301
Regional centers for persons with developmental disabilities 27‑10.5‑302
Directors 27‑10.5‑303
Annual reports - publications 27‑10.5‑304
Admissions 27‑10.5‑305
Endowment fund 27‑10.5‑306
Gifts - receipt and disposition 27‑10.5‑307
Expenditures 27‑10.5‑313
Regional center - employees - adult protective services data system check 27‑10.5‑314
Former Teller institute property 27‑10.5‑901
Legislative declaration 27‑10.5‑902
State employment program for persons with developmental disabilities - creation - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 27-10.5-104’s source at colorado​.gov