§ 24-51-1204. Health Care Program – Eligibility

1. The following persons are eligible to enroll in the health care program:
   1. All benefit recipients, including those from the Denver public schools division, and their dependents, including any dependent as defined in section 10-16-102 (17), C.R.S.; any unmarried children who are not natural or adopted children of the benefit recipient but who reside full time with the benefit recipient, are dependents of the benefit recipient for federal income tax purposes, and meet the age requirements of section 10-16-102 (17), C.R.S.; and any qualified children as defined in the rules adopted by the board;
   2. A surviving spouse of a retiree who elected option 1 or a DPS retiree who elected a single life annuity pursuant to part 17 of this article, if such spouse was covered by the health care program at the time of the death of the retiree;
   3. A divorced spouse of a retiree or of a DPS retiree if such spouse was enrolled in the health care program at the time of the divorce from the retiree;
   4. The guardian of a child receiving survivor benefits while the child is enrolled in the health care program;
   5. A member or a DPS member while receiving short-term disability program payments pursuant to part 7 of this article; and
   6. A member or a DPS member whose employer has elected to provide coverage through the health care program and such member’s dependents.
2. If a supplemental needs trust is receiving benefit payments pursuant to this article, the supplemental needs trust is not eligible to enroll in the health care program; however, the beneficiary of such trust is eligible to enroll in the health care program in the same manner that the beneficiary would be allowed to enroll if the beneficiary was the direct benefit recipient.

Source: L. 87: Entire article R&RE, p. 1075, § 1, effective July 1. L. 97: (1)(e) added, p. 778, § 15, effective July 1. L. 98: (1)(a) amended, p. 128, § 2, effective March 27. L. 99: (1)(d) and (1)(e) amended and (1)(f) added, p. 342, § 8, effective January 1, 2001. L. 2009: Entire section amended, (SB 09-282), ch. 288, p. 1348, § 47, effective January 1, 2010. L. 2013: (1)(a) amended, (HB 13-1266), ch. 217, p. 991, § 59, effective May 13. L. 2015: (2) added, (SB 15-097), ch. 111, p. 327, § 7, effective April 16.

Editor’s note: This section is similar to former §§ 24-51-1402 and 24-51-1405 as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For the legislative declaration in SB 15-097, see section 1 of chapter 111, Session Laws of Colorado 2015.