Colorado § 25.5-6-306 - Eligible groups.

§ 25.5-6-306. Eligible groups.

(1) Home- and community-based services under this part 3 shall be offered only to persons:

(a) Who are elderly, blind, or physically disabled; and

(b) Who are in need of the level of care available in a nursing home; and

(c) Who are categorically eligible for medical assistance, or whose gross income does not exceed three hundred percent of the current federal supplemental security income benefit level, 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.

(2) A long-term-care eligible person receiving home- and community-based services shall remain eligible for the services specified in sections 25.5-5-102, 25.5-5-103, 25.5-5-202, and 25.5-5-203, as applicable.

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

Editor's note: This section is similar to former § 26-4-606 as it existed prior to 2006.

ANNOTATION

Annotator's note. Since § 25.5-6-306 is similar to § 26-4-606 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5, a relevant case construing that provision has been included in the annotations to this section.

Department's decision reversing the determination by the administrative law judge (ALJ) that applicant was eligible for home- and community-based services had no reasonable basis in fact or law and district court erred in upholding department's decision. Moczygemba v. Colo. Dept. of Health Care Policy & Fin., 51 P.3d 1083 (Colo. App. 2002).

In determining eligibility, the ALJ is not limited to evidence that the case manager heard on the day of assessment. The ALJ may properly consider any testimony introduced at the hearing concerning the individual's condition as of the date of the level of care assessment. Reiff v. Colo. Dept. of Health Care Policy & Fin., 148 P.3d 355 (Colo. App. 2006).