As used in this part 4, unless the context otherwise
requires:
(1)Case management agency has the same meaning as set forth in section
25.5-6-1702 (2).
(2)(a) Eligible person means a person with developmental disabilities:
(I)Who meets the definition of categorically needy as defined in section
25.5-4-103 (4);
(II)Who is in need of the level of care available in an intermediate care
facility for individuals with intellectual disabilities;
(III)Whose gross income does not exceed three hundred percent of the
current federal supplemental security income benefits level or other applicable
standard provided in federal regulations construing the federal Social Security
Act, as amended, and whose resources do not exceed the limit established for
individuals receiving a mandatory
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As used in this part 4, unless the context otherwise
requires:
(1) Case management agency has the same meaning as set forth in section
25.5-6-1702 (2).
(2) (a) Eligible person means a person with developmental disabilities:
(I) Who meets the definition of categorically needy as defined in section
25.5-4-103 (4);
(II) Who is in need of the level of care available in an intermediate care
facility for individuals with intellectual disabilities;
(III) Whose gross income does not exceed three hundred percent of the
current federal supplemental security income benefits level or other applicable
standard provided in federal regulations construing the federal Social Security
Act, as amended, and whose resources do not exceed the limit established for
individuals receiving a mandatory minimum state supplementation of supplemental
security income benefits or, in the case of a person who is married, do not exceed
the amount authorized in section 25.5-6-101; and
(IV) For whom it is determined that provision of such services is necessary to
avoid placement in an intermediate care facility for individuals with intellectual
disabilities.
(b) The amount of parental income and resources that shall be attributable
to a child's gross income for purposes of eligibility under paragraph (a) of this
subsection (2) shall be set forth in rules promulgated by the state board of human
services created in section 26-1-107, C.R.S.
(2.5) Entity has the same meaning as set forth in section 25.5-6-1702 (8).
(3) In-home services means those services described in section 25.5-10-205 provided to support persons living with their family.
(3.3) (a) Intellectual and developmental disability means a disability that
manifests before the person reaches twenty-two years of age, that constitutes a
substantial disability to the affected person, and that is attributable to an
intellectual and developmental disability or related conditions, including Prader-Willi syndrome, cerebral palsy, epilepsy, autism, or other neurological conditions
when those conditions result in impairment of general intellectual functioning or
adaptive behavior similar to that of a person with an intellectual and developmental
disability. Unless otherwise specifically stated, the federal definition of
developmental disability found in 42 U.S.C. sec. 15002 (8) does not apply.
(b) Person with an intellectual and developmental disability or youth with
an intellectual and developmental disability means a person or youth determined
by a case management agency to have an intellectual and developmental disability
and includes a child with a developmental delay.
(c) Child with a developmental delay means:
(I) A person less than five years of age with delayed development as defined
by rule of the state board; or
(II) A person less than five years of age who is at risk of having an
intellectual and developmental disability as defined by rule of the state board.
(4) Plan of care means a coordinated plan of care for provision of services
in other than a nursing facility or institutional setting, developed and managed,
subject to review and approval pursuant to section 25.5-6-404, by a case
management agency for persons with intellectual and developmental disabilities.
This plan of care shall fully identify the services to be provided to eligible persons.
Prior to the provision of those services, a physician may be required to review an
assessment document to ensure that it adequately describes the medical needs of
the eligible person.
(5) (a) Services for persons with intellectual and developmental disabilities
means those services:
(I) Approved for reimbursement by the federal government; and
(II) Necessary to prevent a person, eligible for services under subsection (2)
of this section, from being subjected to placement in an intermediate care facility
for individuals with intellectual disabilities.
(b) Services for persons with intellectual and developmental disabilities
includes, but is not limited to, social, habilitative, remedial, residential, health
services, and services provided under the consumer-directed care service model,
part 11 of this article, which shall include the selection, from a list of qualified
entities, of an organization of the eligible person's choice to provide financial
management services for the eligible person.
Source: L. 2006: Entire article added with relocations, p. 1943, � 7, effective
July 1. L. 2013: (2)(a)(II), (2)(a)(IV), and (5)(a)(II) amended, (SB 13-167), ch. 394, p.
2294, � 5, effective June 5; (1), (3), IP(5)(a), (5)(a)(II), and (5)(b) amended, (HB 13-1314), ch. 323, p. 1810, � 47, effective March 1, 2014. L. 2014: (3.3) added, (HB 14-1368), ch. 304, p. 1288, � 1, effective May 31. L. 2018: (1), (3.3)(a), and (3.3)(c)(II)
amended, (SB 18-074), ch. 98, p. 770, � 2, effective August 8; (3.3)(a) amended, (SB
18-096), ch. 44, p. 474, � 15, effective August 8. L. 2019: (3.3)(a) amended, (SB 19-241), ch. 390, p. 3473, � 40, effective August 2. L. 2021: (1), (3.3)(b), and (4) amended
and (2.5) added, (HB 21-1187), ch. 83, p. 334, � 31, effective July 1, 2024.