# C.R.S. § 25.5-5-303: 25.5-5-303. Private-duty nursing > Colorado · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-303 ## Section - **Citation:** C.R.S. § 25.5-5-303 - **Heading:** 25.5-5-303. Private-duty nursing - **Jurisdiction:** Colorado - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** CO Code / Title 25.5 / Article 5 / Part 3 / Section 25.5-5-303 ## Text 25.5-5-303. Private-duty nursing. (1) The medical assistance program in this state shall include private-duty nursing to persons who are technology dependent and otherwise eligible as provided under this section. (2) A member is eligible for private-duty nursing services if the member: (a) Is dependent on technology at least part of each day; (b) Requires private-duty nursing care as determined in accordance with state department rules; (c) Is able to be served safely under the limitations of the private-duty nursing benefit and within the availability of services; and (d) Is not residing in a nursing facility or hospital at the time of the delivery of the private-duty nursing services. (3) (a) The state board shall establish rules in accordance with this section that identify medical criteria for determining the circumstances under which private-duty nursing services will be delivered to assure that only persons who need the services receive them and only to the extent medically necessary. (b) Private-duty nursing services shall not be provided as twenty-four-hour care except in special circumstances and for limited time periods as established by the state department pursuant to this section. (c) The home health agency, in conjunction with the family or in-home caregiver and the attending physician, shall include in a care plan that includes private-duty nursing services a process by which the eligible person may receive necessary care, which may include respite care, if the family or in-home caregiver is unavailable due to an emergency situation or to unforeseen circumstances. The family or in-home caregiver shall be duly informed by the home health agency of these alternative care provisions at the time the care plan is initiated. (4) As used in this section, unless the context otherwise requires, "private-duty nursing" means nursing care that is more individualized and continuous than both the nursing care available under the home health benefit and the nursing care routinely provided in a hospital or nursing facility. ## Nearby sections - [C.R.S. § 25.5-5-301 25.5-5-301. Clinic services](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-301.md) - [C.R.S. § 25.5-5-302 25.5-5-302. Clinic services - children and pregnant women - utilization of certain providers](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-302.md) - [C.R.S. § 25.5-5-303 25.5-5-303. Private-duty nursing](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-303.md) - [C.R.S. § 25.5-5-304 25.5-5-304. Hospice care](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-304.md) - [C.R.S. § 25.5-5-305 25.5-5-305. Pediatric hospice care - legislative declaration - federal authorization - rules](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-305.md) - [C.R.S. § 25.5-5-306 25.5-5-306. Residential child health care - waiver - program - rules - notice to revisor - r](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-306.md) - [C.R.S. § 25.5-5-307 25.5-5-307. Child mental health treatment and family support program](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-307.md) - [C.R.S. § 25.5-5-308 25.5-5-308. Breast and cervical cancer prevention and treatment program - creation - legisla](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-308.md) - [C.R.S. § 25.5-5-309 25.5-5-309. Pregnant women - needs assessment - referral to treatment program - definition](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-309.md) - [C.R.S. § 25.5-5-310 25.5-5-310. Treatment program for high-risk pregnant and parenting women - cooperation with](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-310.md) - [C.R.S. § 25.5-5-311 25.5-5-311. Treatment program for high-risk pregnant and parenting women - data collection](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-311.md) - [C.R.S. § 25.5-5-312 25.5-5-312. Treatment program for high-risk pregnant and parenting women - extended coverage](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-312.md) - [C.R.S. § 25.5-5-313 25.5-5-313. Outpatient substance abuse treatment - report of state auditor - amendment to st](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-313.md) - [C.R.S. § 25.5-5-314 25.5-5-314. Substance use disorder treatment for Native Americans - federal approval](https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-314.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T25.5_A5_P3_S25.5-5-303. Check the current official text before relying on it. Not legal advice.