Colorado § 27-92-109 - Further actions.

§ 27-92-109. Further actions.

(1) A patient, spouse, or parent liable by this article who fails to pay the amounts assessed pursuant to this article shall be proceeded against in any manner authorized by law for the collection of sums due and owing to the state of Colorado.

(2) All property of persons liable pursuant to this article shall be subject to application to claims irrespective of its origin, composition, or source subject to the exemptions set forth in section 13-54-102, C.R.S.

(3) Claims against responsible relatives in other states may be enforced as claims for support under the provisions of the "Uniform Interstate Family Support Act", article 5 of title 14, C.R.S.

(4) In the absence of fraud, the patient, spouse, and parents shall be liable only to the extent of assessments actually made against them respectively in accordance with this article.

Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 773, § 2, effective April 29.

Editor's note: This section is similar to former § 27-12-109 as it existed prior to 2010.

ANNOTATION

Law reviews. For article, "Protecting the Mentally Incompetent Child's Trust Interest from State Reimbursement Claims", see 58 Den. L.J. 557 (1981).

Annotator's note. Since § 27-92-109 is similar to § 27-12-109 as it existed prior to the 2010 amendments to this article, relevant cases construing that provision have been included in the annotations to this section.

Legislative intent relating to exemptions. The general assembly intended that an incompetent's estate be given the benefit of the same exemptions afforded to a normal judgment debtor. State v. Estate of Butler, 30 Colo. App. 246, 491 P.2d 102 (1971).

Benefits received by individuals at state mental health hospital from veterans administration and the Colorado old age pension program may be applied to cover costs of care at the hospital under former § 27-12-104 and therefore are not exempt under this section. In re Estate of Nau, 183 P.3d 626 (Colo. App. 2007).

In the absence of a determination of ability to pay and of an actual assessment, the state may not maintain an action to recover for the costs of hospital care. State ex rel. Fort Logan Mental Health Center v. Harwood, 34 Colo. App. 213, 524 P.2d 614 (1974).

Applied in State v. Schleiger, 37 Colo. App. 195, 547 P.2d 1295 (1975), aff'd, 193 Colo. 531, 568 P.2d 441 (1977).

ARTICLE 93

Colorado Mental Health Institute at Pueblo

27-93-101. Institute established.

27-93-102. Capacity to take property.

27-93-103. Employees - adult protective services data system check - publications.

27-93-104. Authorized utilization of medical facilities at institute - equipment replacement fund.

27-93-105. Alternative uses for institute facilities.

27-93-106. Access to inpatient civil beds at institute.