(1) Every state or local service agency receiving state moneys pursuant to section 25.5-10-206 shall adopt a procedure for the resolution of disputes arising between the service agency and any recipient of, or applicant for, services or supports authorized under section 25.5-10-206. Procedures for the resolution of disputes regarding early intervention services must comply with IDEA and with part 7 of article 10.5 of title 27, C.R.S. The procedures must be consistent with rules promulgated by the state board pursuant to article 4 of title 24, C.R.S., and must apply to the following disputes:
A contested decision that the applicant is not eligible for services or supports;
A contested decision to provide, modify, reduce, or deny services or supports setforth in the individualized plan or individualized family service plan of the person receiving services;
A contested decision to terminate services or supports;
A contested decision that the person receiving services is no longer eligible for services or supports.
(2) The state board shall promulgate rules pursuant to article 4 of title 24, C.R.S., setting forth procedures for the resolution of disputes specified in subsection (1) of this section that must:
Require that all applicants for services and supports and the parents or guardian of aminor, the guardian, or an authorized representative be informed orally and in writing, in their native language, of the dispute resolution procedures at the time of application, at the time the individualized plan is developed, and any time changes in the plan are contemplated;
Require that a service agency keep a written record of all proceedings specified pursuant to this section;
Require that no person receiving services be terminated from such services or supports during the resolution process;
Require that utilizing the dispute resolution procedure must not prejudice the futureprovision of appropriate services or supports to persons; and
Require that the intended action not occur until after reasonable notice has been provided to the person, the parents or guardian of a minor, the guardian, or an authorized representative, along with an opportunity to utilize the resolution process, except in emergency situations, as determined by the state department.
(3) The resolution process need not conform to the requirements of section 24-4-105, C.R.S., as long as the rules adopted by the state board include provisions specifically setting forth procedures, time frames, notice, an opportunity to be heard and to present evidence, and the opportunity for impartial review of the decision in dispute by the executive director or designee, if the resolution process has failed.
Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1764, § 1, effective March 1, 2014.
Editor's note: This section is similar to former § 27-10.5-107 as it existed prior to 2013.