§ 25.5-1-303 — Powers and duties of the board - scope of authority - rules

(1)
The board shall have the authority set forth in subsection (3) of this section over the
following programs administered by the state department:

(a) The Colorado Medical Assistance Act, as specified in articles 4, 5, and 6
of this title;

(b) and (c) Repealed.

(d) The Children's Basic Health Plan Act, as specified in article 8 of this
title;

(e) The old age pension health and medical care program, as specified in
section 25.5-2-101;

(f) Programs, services, and supports for persons with intellectual and
developmental disabilities, as specified in article 10 of this title.

(2) Nothing in this section shall be construed to affect any specific statutory
provision granting rule-making authority to the board in relation to a specific
program.

(3) The board shall adopt rules in connection with the programs set forth in
subsection (1) of this section governing the following:

(a) The implementation of legislative and departmental policies and
procedures for such programs; except that no rules shall be promulgated for any
policy or procedure which governs the administration of the state department as
specified in section 25.5-1-108 (1);

(b) The establishment of eligibility requirements for members receiving
services from the state department;

(c) The establishment of the type of benefits that are available to an
applicant if eligibility requirements are met, subject to the authorization,
requirements, and availability of the benefits;

(d) The requirements, obligations, and rights of members and applicants;

(e) The establishment of a procedure to resolve disputes that may arise
between members and the state department or members and providers;

(f) The requirements, obligations, and rights of providers, including policies
and procedures related to provider payments that may affect member benefits;

(g) The establishment of a procedure to resolve disputes that may arise
between providers and between the state department and providers.

(4) At the request of the executive director, the board shall advise the
executive director as to any proposed policies or rules governing programs
administered by the state department that are not set forth in subsection (1) of this
section.

(5) The board shall have no authority over the revenue of the state
department.

(6) All rules and orders of the department of human services in connection
with the old age pension health and medical care program shall continue to be
effective until revised, amended, repealed, or nullified pursuant to law.

(7) The rules issued by the state board shall be binding upon the county
departments. At any public hearing relating to a proposed rule-making, interested
persons shall have the right to present their data, views, or arguments orally.
Proposed rules of the state board shall be subject to the provisions of section 24-4-103, C.R.S.

(8) To the extent that rules are promulgated by the state board of human
services for programs or providers that receive either medicaid only or both
medicaid and nonmedicaid funding, the rules shall be developed in cooperation with
the state department and shall not conflict with state statutes or federal statutes
or regulations.

(9) The rules and orders of the department of human services and the state
board of human services in connection with the programs, services, and supports
specified in paragraph (f) of subsection (1) of this section shall continue to be
effective until revised, amended, repealed, or nullified pursuant to law.

Legislative History

Source: L. 94: Entire part added, p. 1558, � 2, effective July 1. L. 95: (3)(e) to (3)(g) amended, p. 928, � 32, effective May 25. L. 99: (1)(c) amended and (1)(e) added, p. 701, � 7, effective July 1. L. 2001: (1)(f) and (7) added, pp. 916, 917, �� 13, 14, effective August 8. L. 2003: (7) amended, p. 2009, � 90, effective May 22; (4) amended and (8) added, p. 2584, � 4, effective July 1. L. 2006: Entire part amended, p. 1798, � 3, effective July 1. L. 2007: (1)(c) repealed, p. 2042, � 71, effective June 1. L. 2011: (1)(e) and (6) amended, (SB 11-210), ch. 187, p. 722, � 8, effective July 15, 2012. L. 2013: (1)(f) and (9) added, (HB 13-1314), ch. 323, p. 1808, � 43, effective March 1, 2014. L. 2024: (3)(b) to (3)(f) amended, (SB 24-176), ch. 152, p. 619, � 12, effective August 7; (1)(b)(II) added by revision, (HB 24-1399), ch. 76, pp. 257, 260, �� 23, 33.