Confined persons - suspension of benefits.

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(1) For purposes of this section, unless the context otherwise requires, "confined person" means a person who is:

  1. An inmate confined to a correctional institution operated by or under contract withthe department of corrections;

  2. Confined in a jail;

  3. Committed to a juvenile commitment facility;

  4. Committed to a department of human services facility pursuant to part 1 of article 8 of title 16, C.R.S.; or

  5. A patient placed in a department of human services facility pursuant to court order orcertification.

(2) Notwithstanding any other provision of law, a person who, immediately prior to becoming a confined person, was a recipient of medical assistance pursuant to this article 4 or article 5 or 6 of this title 25.5 remains eligible for medical assistance while a confined person; except that no medical assistance may be furnished pursuant to this article 4 or article 5 or 6 of this title 25.5 while the person is a confined person unless federal financial participation is available for the cost of the assistance, including but not limited to juveniles held in a facility operated by or under contract to the division of youth services established pursuant to section 192-203 or the department of human services. Once a person is no longer a confined person, the person continues to be eligible for receipt of medical benefits pursuant to this article 4 or article 5 or 6 of this title 25.5 until the person is determined to be ineligible for the receipt of the assistance. To the extent permitted by federal law, the time during which a person is a confined person is not included in any calculation of when the person must recertify his or her eligibility for medical assistance pursuant to this article 4 or article 5 or 6 of this title 25.5.

Source: L. 2008: Entire section added, p. 903, § 1, effective May 20. L. 2017: (2) amended, (HB 17-1329), ch. 381, p. 1983, § 59, effective June 6.


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