SB 18-174 Summary

• Amends Colorado law governing liability of entities providing services to persons with developmental disabilities in residential settings under Article 10 of Title 25.5 and Article 10.5 of Title 27.

• Redefines key terms including "case management agency," "community-centered board," and "caregiver" by cross-referencing definitions in Section 25.5-10-202 rather than providing standalone definitions.

• Clarifies that providers' performance of services or safety-related actions do not create duties of care to third parties, while preserving duties expressly imposed by federal or state law and department rules.

• Requires persons claiming injury to file for dispute resolution within one year and exhaust all applicable interventions with the Department of Health Care Policy and Financing or community-centered boards before filing tort actions, with non-compliance resulting in dismissal with prejudice.

• Grants community-centered boards, case management agencies, and service agencies authority to move persons from residential settings if abuse, neglect, exploitation, or harm is suspected, with person-centered planning required as soon as possible following the move, and provides liability protection absent willful and wanton acts.