As used in this part 12, unless the context otherwise requires:
(1) Attendant means a person who is directly employed by an in-home support service agency to provide, or a family member, including a spouse, providing, in-home support services to eligible persons.
(2) Authorized representative means an individual designated by the eligible person receiving services, or by the parent or guardian of the eligible person receiving services, if appropriate, who has the judgment and ability to assist the eligible person receiving services in acquiring and utilizing services under this part 12. The extent of the authorized representative's involvement shall be determined upon designation. The authorized representative shall not be the eligible person's service provider.
(3) Eligible person means any person who:
(a) Is enrolled in community first choice services pursuant to part 19 of this article 6;
(b) Is willing to participate;
(c) Obtains a statement from his or her primary care physician indicating that the person has sound judgment and the ability to direct his or her care, the eligible child's parent or guardian has sound judgment and the ability to direct the eligible child's care, or the person has an authorized representative; and
(d) Meets any other qualifications established by the state board by rule.
(4) Health maintenance activities means routine and repetitive health-related tasks furnished to a member in the community or in the member's home that are necessary for the health and normal bodily functioning that a person with a disability is physically unable to carry out. Health maintenance activities includes skilled tasks typically performed by a certified nursing assistant or a licensed nurse that do not require the clinical assessment and judgment of a licensed nurse.
(5) In-home support service agency means an agency that is certified by the state department and provides independent living core services as defined in section 8-85-102 (6), C.R.S., and in-home support services.
(6) In-home support services means services that are provided in the home and in the community by an attendant under the direction of the eligible person or the eligible person's authorized representative including health maintenance activities and support for activities of daily living or instrumental activities of daily living, and personal care services and homemaker services as defined in rules promulgated by the medical services board pursuant to section 24-4-103, C.R.S.
Source: L. 2006: Entire article added with relocations, p. 1970, � 7, effective July 1. L. 2014: (3)(a) amended, (HB 14-1358), ch. 255, p. 1018, � 3, effective August 6; (1), (3)(a), and (6) amended, (HB 14-1357), ch. 254, p. 1014, � 2, effective March 1, 2015. L. 2015: (5) amended, (SB 15-240), ch. 139, p. 423, � 5, effective July 1. L. 2016: (5) amended, (SB 16-093), ch. 54, p. 132, � 5, effective July 1. L. 2019: (3)(a) amended, (SB 19-164), ch. 371, p. 3386, � 3, effective August 2. L. 2023: (3)(a) and (4) amended, (SB 23-289), ch. 270, p. 1610, � 13, effective July 1, 2025.
Editor's note: This section is similar to former � 26-4-1402 as it existed prior to 2006.
Cross references: For additional definitions applicable to this part 12, see � 25.5-4-103.
25.5-6-1203. In-home support services - eligibility - licensure exclusion - in-home support service agency responsibilities - rules. (1) The state department shall offer in-home support services as an option for eligible persons who receive community first choice services. In-home support services must 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 community first choice services and independent living centers.
(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 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. 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, 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) Repealed.
(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.
Source: L. 2006: Entire article added with relocations, p. 1971, � 7, effective July 1. L. 2011: (7) added, (SB 11-105), ch. 277, p. 1244, � 1, effective June 2. L. 2014: (1.5) added and (2), (4)(a), and (6) amended, (HB 14-1357), ch. 254, p. 1014, � 3, effective March 1, 2015. L. 2019: (1.5) repealed, (SB 19-164), ch. 371, p. 3386, � 4, effective August 2; (3) amended, (HB 19-1172), ch. 136, 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. 83, p. 337, � 37, effective July 1, 2024. L. 2023: (1) amended, (SB 23-289), ch. 270, p. 1610, � 14, effective July 1, 2025; (6)(b) added by revision, (SB 23-289), ch. 270, pp. 1610, 1611 �� 14, 19. L. 2024: (4) and (5) amended, (SB 24-176), ch. 152, p. 670, � 92, effective August 7.
Editor's note: (1) This section is similar to former � 26-4-1403 as it existed prior to 2006.
(2) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2025. (See L. 2023, pp. 1610, 1611.)
25.5-6-1204. Provision of services - duties of state department - gifts - grants. (1) The provision of the in-home support services set forth in this part 12 shall be subject to the availability of federal matching medicaid funds, pursuant to Title XIX of the federal Social Security Act, as amended, for payment of the costs for administration and the costs for the provision of such services.
(2) The state department shall seek and utilize any available federal, state, or private funds that are available for carrying out the purposes of this part 12, including but not limited to medicaid funds, pursuant to Title XIX of the federal Social Security Act, as amended.
(3) The executive director of the state department is authorized to accept and expend on behalf of the state any grants or gifts from any public or private source for the purpose of implementing this part 12.
Source: L. 2006: Entire article added with relocations, p. 1972, � 7, effective July 1.
Editor's note: This section is similar to former � 26-4-1404 as it existed prior to 2006.