Page 188

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

188 outstanding balance due as of the date of the individual’s application for Medical Assistance for services, described in section 8.100.7.F.2.c.. 4. Personal care services a. Effective for agreements that were signed and notarized prior to March 1, 2007, family members who provide assistance or services are presumed to do so for love and affection, and compensation for past assistance or services shall create a rebuttable presumption of a transfer without fair consideration unless the compensation is in accordance with the following: i) A written agreement must be executed prior to the delivery of services. ii) The agreement must be signed by the applicant, or a legally authorized representative, such as agent under a power of attorney, guardian, or conservator. If the agreement is signed by a representative, that representative may not be a beneficiary of the agreement. iii) The agreement must be dated and the signature must be notarized; and iv) Compensation for services rendered must be comparable to what is received in the open market. b. Effective for agreements that are signed and notarized on or after March 1, 2007, compensation under personal service agreements will be deemed to be a transfer without fair consideration unless the following requirements are met: i) A written agreement was executed prior to the delivery of services; and a) The agreement must be signed by the applicant, or a legally authorized representative, such as agent under a power of attorney, guardian, or conservator. If the agreement is signed