(1) The state department shall offer in-home support services as an option for eligible persons who receive home- and community-based services. In-home support services shall be provided to eligible persons. The state department shall seek any federal authorization that may be necessary to implement this part 12. The state department shall design and implement in-home support services with input from consumers of home- and community-based services and independent living centers and home- and community-based service providers.(1.5) Repealed.(2) An eligible person receiving in-home support services or the eligible person's authorized representative or parent or guardian shall be allowed to:(a) Choose the eligible person's in-home support service agency or the eligible person's attendant; and(b) Direct the eligible person's care, including directly scheduling, managing, and supervising the attendant, and determine the level of in-home support services agency support.(3) Sections 12-255-104 (7), (8.5), and (11), 12-255-125 (1), and 12-255-214 (1)(b) shall not apply to a person who is directly employed by an in-home support service agency to provide in-home support services and who is 04 (7), (8.5), and (11), 12-255-125 (1), and 12-255-214 (1)(b) shall not apply to a person who is directly employed by an in-home support service agency to provide in-home support services and who is acting within the scope and course of such employment or is a family member providing in-home support services pursuant to this part 12. However, such person may not represent himself or herself to the public as a licensed nurse, a certified nurse aide, a licensed practical or professional nurse, a registered nurse, or a registered professional nurse. This exclusion shall not apply to any person who has had his or her license as a nurse or certification as a nurse aide suspended or revoked or his or her application for such license or certification denied.(4)(a) In-home support service agencies providing in-home support services shall provide twenty-four-hour back-up services to the agencies' members. In-home support service agencies shall either contract with or have on staff a state licensed health-care professional, as defined by state board by rule, acting within the scope of the person's profession. support service agencies shall either contract with or have on staff a state licensed health-care professional, as defined by state board by rule, acting within the scope of the person's profession. The state board shall promulgate rules setting forth the training requirements for attendants providing in-home support services and the oversight and monitoring responsibilities of the state licensed health-care professional that is either contracting with or is on staff with the in-home support service agency. The state board rules must allow the eligible person or the eligible person's authorized representative, parent of a minor, or guardian to determine, in conjunction with the in-home support services agency, the amount of oversight needed in connection with the eligible person's in-home support services.(b) The state board shall promulgate rules that establish how an in-home support service agency can discontinue a member under this part 12. The rules must establish that a member can only be involuntarily discontinued when equivalent care in the community has been secured or that a member can be discontinued after exhibiting documented prohibited behavior involving attendants, an only be involuntarily discontinued when equivalent care in the community has been secured or that a member can be discontinued after exhibiting documented prohibited behavior involving attendants, including abuse of attendants, and that dispute resolution has failed. The state department shall determine whether an in-home support service agency has made adequate attempts at resolution.(5) The case management agencies established in section 25.5-6-1703 are responsible for determining a person's eligibility for in-home support services; except that for eligible disabled children, the state department shall designate the entity that will determine the child's eligibility. The state board shall promulgate rules specifying the case management agencies' responsibilities pursuant to this part 12. At a minimum, the rules must require that case managers discuss the option and potential benefits of in-home support services with all eligible long-term care members.(6)(a) Section 25.5-6-310 does not apply to a family member of an eligible person who provides in-home support services to the eligible person pursuant to this part 12. ligible long-term care members.(6)(a) Section 25.5-6-310 does not apply to a family member of an eligible person who provides in-home support services to the eligible person pursuant to this part 12. The state board shall promulgate rules, as necessary, to establish limits on reimbursement to family members.(b) This subsection (6) is repealed, effective July 1, 2025.(7) In administering the provision of in-home support services pursuant to this part 12, the state department shall: (a) Implement a system for the routine and accurate monitoring of the number of persons receiving in-home support services; and(b) Provide comprehensive, periodic training for all case management agencies in the state, which training shall include, at a minimum: (I) The current eligibility requirements for the receipt of in-home support services; and(II) The location of, and contact information for, the in-home support service agencies providing in-home support services in the state.Amended by 2024 Ch. 152,§ 92, eff. 8/7/2024.Amended by 2021 Ch. 83, § 37, eff. 7/1/2024.Amended by 2020 Ch. 157, § 62, eff. 7/1/2020.Amended by 2019 Ch. 136, § 190, eff. 10/1/2019.Amended by 2019 Ch. 371, § 4, eff. Ch. 152,§ 92, eff. 8/7/2024.Amended by 2021 Ch. 83, § 37, eff. 7/1/2024.Amended by 2020 Ch. 157, § 62, eff. 7/1/2020.Amended by 2019 Ch. 136, § 190, eff. 10/1/2019.Amended by 2019 Ch. 371, § 4, eff. 8/2/2019.Amended by 2014 Ch. 254, § 3, eff. 3/1/2015.L. 2006: Entire article added with relocations, p. 1971, § 7, effective July 1. L. 2011: (7) added, (SB 11-105), ch. 1244, p. 1244, § 1, effective June 2. L. 2014: (1.5) added and (2), (4)(a), and (6) amended, (HB 14-1357), ch. 1014, p. 1014, § 3, effective 3/1/2015. L. 2019: (1.5) repealed, (SB 19-164), ch. 3386, p. 3386, § 4, effective August 2; (3) amended, (HB 19-1172), ch. 1711, p. 1711, § 190, effective October 1. L. 2020: (3) amended, (HB 20-1183), ch. 157, p. 703, § 62, effective July 1. L. 2021: (5) and (7)(b) amended, (HB 21 -1187), ch. 337, p. 337, § 37, effective 7/1/2024.This section is similar to former § 26-4-1403 as it existed prior to 2006.2024 Ch. 152, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).This section is set out more than once due to postponed, multiple, or conflicting amendments.
Colorado Legal Code