§ 27-92-104 — Determination of ability to pay

Colorado § 27-92-104

• Jurisdiction: Colorado
• Title 27: Behavioral
• Art.: Institutions - Charges for Patients

Text

(1) All insurance and other
benefits payable for the care, support, maintenance, and treatment of a patient
shall be considered available for payment of the cost determined under section 27-92-102.

(2) The department of human services shall determine the ability of a patient
and his or her spouse to pay the balance of the cost by consideration of the
following factors: Income reportable under Colorado law; the age of the patient and
spouse; the number of dependents, their ages, and their mental and physical
condition; provision for retirement years; the length of the patient's care or
treatment; liabilities; and assets. The determination shall be made according to
schedules contained in published rules, adopted in accordance with the provisions
of article 4 of title 24, C.R.S.

(3) If it is determined that the patient and his or her spouse are unable to pay
the entire cost determined under section 27-92-102 and the length of the patient's
care and treatment at a state institution is reasonably anticipated to be less than
six months, the department of human services shall determine the parent's ability
to pay by consideration of the same factors referred to in subsection (2) of this
section, applying each such factor to the parent.

(4) If it is determined that the patient and his or her spouse are unable to pay
the entire cost determined under section 27-92-102 and the length of the patient's
care and treatment at a state institution is reasonably anticipated to exceed six
months, the department of human services shall determine the parent's ability to
pay by reference to the parent's net taxable income reportable under Colorado law
and to the patient's length of care or treatment. At the request of the parent, the
department shall also consider other factors relevant to the interest of avoiding
undue hardship to the family unit. Other factors may include the parent's age,
provision for retirement years, assets, liabilities, and the number of dependents,
their mental and physical condition, and their educational requirements. The
determination shall be made according to schedules contained in published rules
adopted in accordance with the provisions of article 4 of title 24, C.R.S.

(5) Should any parent not file a Colorado income tax return, the parent's net
Colorado taxable income equivalent shall be determined by reference to his or her
United States income tax return as though all the income disclosed by that return
had been derived from sources within Colorado, and the table of rates shall be
applied to the net taxable income equivalent.

(6) Upon the willful failure of any patient, spouse, or parent to furnish to the
department of human services, upon request, copies of his or her income tax
returns, he or she shall be deemed to have the ability to pay the entire cost
determined under this article.

(7) Every agency and department of the state is required to render all
reasonable assistance to the executive director of the department of human
services in obtaining all information necessary for proper implementation of the
purposes of this article. Nothing in this subsection (7) shall be construed to require
the department of revenue to produce a copy of any person's income tax return
solely upon the request of the department of human services, but the department
of revenue shall deliver a copy of any such return upon the request of the taxpayer
or his or her duly authorized representative, pursuant to section 39-21-113 (4), C.R.S.

Legislative History

Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 772, � 2, effective April 29.