Colorado § 25.5-6-305 - Provision of services for elderly and blind individuals and individuals with disabilities.

§ 25.5-6-305. Provision of services for elderly and blind individuals and individuals with disabilities.

The provision of the services set forth in this part 3 shall be subject to the availability of federal matching medicaid funds, pursuant to Title XIX of the federal "Social Security Act", as amended, for payment of the costs for administration and costs for the provision of such services.

Source: L. 2006: Entire article added with relocations, p. 1940, § 7, effective July 1.

Editor's note: This section is similar to former § 26-4-605 as it existed prior to 2006.

ANNOTATION

Annotator's note. Since § 25.5-6-305 is similar to § 26-4-605 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5 and § 26-4-605 is similar to § 26-4.5-104.5 as it existed prior to the 1991 repeal of article 4.5 of title 26, a relevant case construing that provision has been included in the annotations to this section.

Once person was initially determined to be eligible for HCBS benefits, his right to continued receipt of the same was similar to "property" right for purposes of the application of the due process clause of the Fourteenth Amendment. Thus, he could be deprived of those continued benefits only by means of a procedure that complied with the tenets of due process of law. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).

The principle that due process prevents a termination of benefits absent a demonstration of a change in circumstances, or other good cause, and that, if the termination of benefits is not to be deemed arbitrary, a showing of some change in circumstances is required applies to the benefits under this section. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).

In the absence of a waiver of any defect in the form of the notice, a notice of adverse action that does not substantially comply with the federal and state requirements cannot provide the basis for a deprivation of benefits. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).