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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

165 g. If married, Income and resources conform to rules set forth at 8.100.7.C and 8.100.7.K; and h. Have not transferred assets without fair consideration on or after the look- back date defined in section 8.100.7.F.2.d. which would incur a penalty period of ineligibility in accordance with the regulations on transfers without fair consideration in section 8.100.7 of this volume; and i. Have submitted trust documents to the Department if the individual or the individual's spouse has transferred assets into a trust or is a beneficiary of trust. The Department shall determine the effect of the trust on Medical Assistance Program eligibility. j. Have submitted documents verifying that an annuity conforms to the regulations regarding Annuities at 8.100.7.I. 3. An appeal process is available to children identified by C.R.S. 27-10.3-101 to 108, The Child Mental Health Treatment Act, who are denied residential treatment. The appeal process is outlined in the Income Maintenance Staff Manual of the Department of Human Services (9 CCR 2503-1). A determination made in connection with this appeal shall not be the final agency action with regard to Medical Assistance eligibility 8.100.7.B. Persons Requesting Long-term Care through Home and Community Based Services (HCBS) or the Program of All Inclusive Care for the Elderly (PACE) 1. HCBS or PACE shall be provided to persons who have been assessed by the Single Entry Point/Case Management Agency to have met the institutional level of care and will remain in the community by receiving HCBS or PACE; and a. are SSI (including 1619b) or OAP Medicaid eligible; or b. are eligible under the Institutionalized 300% Special Income category described at 8.100.7.A; or c. are eligible under the Medicaid Buy-In Program for Working Adults with Disabilities described at 8.100.6.P. For this group, access to HCBS: