§ 25.5-1-105 — Transfer of functions

(1) The state department shall, on and
after July 1, 1994, execute, administer, perform, and enforce the rights, powers,
duties, functions, and obligations vested prior to July 1, 1994, in the Colorado health
data commission within the department of local affairs, the department of human
services concerning the Colorado Medical Assistance Act, and the university of
Colorado health sciences center concerning health care for the medically indigent.

(2) All rules, regulations, and orders of the department of local affairs, the
department of human services, the state board of human services, the department
of regulatory agencies, and the university of Colorado health sciences center
adopted prior to July 1, 1994, in connection with the powers, duties, and functions
transferred to the state department continue to be effective until revised, amended,
repealed, or nullified pursuant to law. On and after July 1, 1994, the state board or
the executive director, whichever is appropriate, shall adopt rules necessary for the
administration of the state department and the administration of the programs set
forth in this title 25.5.

(3) No suit, action, or other judicial or administrative proceeding lawfully
commenced prior to July 1, 1994, or which could have been commenced prior to
such date, by or against the department of local affairs, the department of human
services, the department of regulatory agencies, or the university of Colorado
health sciences center, or any officer thereof in such officer's official capacity or in
relation to the discharge of the official's duties, shall abate by reason of the
transfer of duties and functions from said departments to the state department.

(4) The executive director, or a designee of the executive director, may
accept, on behalf of and in the name of the state, gifts, donations, and grants for
any purpose connected with the work and programs of the state department. Any
property so given shall be held by the state treasurer, but the executive director, or
the designee therefor, shall have the power to direct the disposition of any property
so given for any purpose consistent with the terms and conditions under which such
gift was created.

(5) The revisor of statutes is hereby authorized to change all references in
the Colorado Revised Statutes to the department of local affairs, the department of
human services, the department of regulatory agencies, and the university of
Colorado health sciences center from said references to the state department, as
appropriate and with respect to the powers, duties, and functions transferred to the
state department. In connection with such authority, the revisor of statutes is
hereby authorized to amend or delete provisions of the Colorado Revised Statutes
so as to make the statutes consistent with the powers, duties, and functions
transferred pursuant to this section.

(6) On and after July 1, 2003, the powers, duties, and functions relating to the
old age pension health and medical care program, as specified in section 25.5-2-101, are transferred by a type 2 transfer to the department of health care policy and
financing.

Legislative History

Source: L. 93: Entire title added, p. 1099, � 15, effective July 1, 1994. L. 94: (2) amended, p. 2610, � 12, effective July 1; (6) amended, p. 1559, � 5, effective July 1. L. 2003: (10) added, p. 2583, � 1, effective July 1. L. 2005: (1) amended, p. 772, � 50, effective June 1. L. 2006: Entire part amended, p. 1783, � 1, effective July 1. L. 2011: (6) amended, (SB 11-210), ch. 187, p. 721, � 6, effective July 15, 2012. L. 2024: (1), (2), (3) and (5) amended, (HB 24-1222), ch. 155, p. 690, � 16, effective August 7.