Colorado § 25.5-4-107 Retaliation definition

Colorado Statutes

§ 25.5-4-107 — Retaliation definition

Colorado·Title 25.5 Health·Art. Colorado Medical Assistance Act -

(1)For purposes of any rules promulgated by the state department or state board and any action taken by the state department against any person, retaliation means taking any of the following actions against a member or someone acting on behalf of a member after the member or someone acting on behalf of the member files a complaint concerning services provided or not provided to the member:

(a)Indicating to a member that the member cannot have an advocate, family member, or other authorized representative assist the member; or

(b)(I) An adverse action that negatively affects a member's level of eligibility for or receipt of services received at the time of the complaint without verification of a change in the member's income, resources, or health-care needs that justifies the

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(1) For purposes of any rules
promulgated by the state department or state board and any action taken by the
state department against any person, retaliation means taking any of the
following actions against a member or someone acting on behalf of a member after
the member or someone acting on behalf of the member files a complaint
concerning services provided or not provided to the member:

(a) Indicating to a member that the member cannot have an advocate, family
member, or other authorized representative assist the member; or

(b) (I) An adverse action that negatively affects a member's level of eligibility
for or receipt of services received at the time of the complaint without verification
of a change in the member's income, resources, or health-care needs that justifies
the adverse action.

(II) An adverse action must not be taken against a member after a complaint
has been filed until the member is notified of the proposed action, informed of the
reason for the proposed action, and provided an opportunity to appeal the proposed
action.

(2) Retaliation does not include instances when a member is not eligible for
a service or program or when a provider documents a problem with a member and
shares the documentation with the member or a third party prior to the member
filing a complaint.

Colorado § 25.5-4-107 (Retaliation definition) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2006: Entire section added, p. 1019, � 1, effective May 25. L. 2024: Entire section amended, (SB 24-176), ch. 152, p. 622, � 20, effective August 7.