As used in this part 16, unless the context otherwise requires:
(1) Compensation has the meaning set forth in section 25.5-6-406 (2)(b)(I).
(2) Health maintenance activities has the meaning set forth in section 25.5-6-1901 (2).
(3) Home care agency has the meaning set forth in section 25-27.5-102 (3).
(4) Homemaker services has the meaning as set forth in section 25.5-6-1901 (3).
(5) In-home support service agency has the meaning set forth in section 25.5-6-1202 (5).
(6) In-home support services has the meaning set forth in section 25.5-6-1202 (6); except that the term does not include health maintenance activities.
(7) Personal care services has the meaning set forth in section 25-27.5-102 (6).
Source: L. 2019: Entire part added, (SB 19-238), ch. 319, p. 2964, � 1, effective May 28. L. 2023: (2) and (4) amended, (SB 23-289), ch. 270, p. 1611, � 16, effective July 1, 2025.
Cross references: For additional definitions applicable to this part 16, see � 25.5-4-103.
25.5-6-1602. State department to request increase in reimbursement rate for certain services. (1) Not more than ninety days after May 28, 2019, the state department shall request from the federal government an increase of eight and one-tenth percent in the reimbursement rate for the following services delivered to members through the home- and community-based services waivers:
(a) Homemaker;
(b) Homemaker enhanced; and
(c) Personal care.
(2) For the 2019-20 fiscal year, each home care agency shall pay one hundred percent of the funding that results from the rate increase described in subsection (1) of this section as compensation for employees who provide personal care services, homemaker services, and in-home support services to members. This compensation is provided in addition to the rate of compensation that the employee was receiving as of June 30, 2019. For an employee who was hired after June 30, 2019, the home care agency shall use the lowest compensation paid to an employee of similar functions and duties as of June 30, 2019, as the base compensation to which the increase is applied.
(3) Within sixty days after the request described in subsection (1) of this section is approved, each home care agency shall provide written notification to each nonadministrative employee of the agency who provides personal care services, homemaker services, or in-home support services of the compensation they are entitled to pursuant to subsection (2) of this section.
Source: L. 2019: Entire part added, (SB 19-238), ch. 319, p. 2965, � 1, effective May 28. L. 2024: IP(1) and (2) amended, (SB 24-176), ch. 152, p. 672, � 95, effective August 7.
25.5-6-1603. Minimum wage - wage pass-through requirement for certain home care agencies - applicability - reports - recovery. (1) This section applies to each home care agency that receives reimbursement pursuant to the Colorado Medical Assistance Act for the provision of personal care services, homemaker services, or in-home support services.
(2) (a) On and after July 1, 2025, the hourly minimum wage rate for individuals who provide direct care services, including personal care services, homemaker services, or in-home support services for which a home care agency may receive reimbursement pursuant to the Colorado Medical Assistance Act, is seventeen dollars per hour.
(b) The state department shall enforce the minimum direct care worker base wage that is required by this subsection (2).
(3) For any increase to the reimbursement rates for personal care services, homemaker services, or in-home support services that takes effect during the 2020-21 fiscal year, home care agencies shall use eighty-five percent of the funding resulting from the increase to increase compensation for nonadministrative employees above the rate of compensation that nonadministrative employees are receiving as of June 30, 2020. Home care agencies may use any remaining funding resulting from the reimbursement rate increase for general and administrative expenses, such as chief executive officer salaries, human resources, information technology, oversight, business management, general record keeping, budgeting and finance, and other activities not identifiable to a single program.
(4) (a) Each home care agency shall track and report how it used any funding resulting from the increase in the reimbursement rate pursuant to this section or section 25.5-6-1602 using a reporting tool developed by the state department. On or before December 31, 2020, each home care agency shall submit the report to the state department demonstrating how the funding was used to increase compensation for the 2019-20 fiscal year. On or before December 31, 2021, each home care agency shall report to the state department how the funding was used to increase or, in the event that there is no reimbursement rate increase, maintain each employee's compensation for the 2020-21 fiscal year. The state department has ongoing discretion to request information from a home care agency demonstrating how it maintained increases in compensation for nonadministrative employees beyond the reporting period.
(b) Each home care agency shall maintain all books, documents, papers, accounting records, and other evidence required to support the reporting of payroll information for increased compensation to nonadministrative employees pursuant to subsection (4)(a) of this section for at least three years from the reporting deadlines described in subsection (4)(a) of this section for each respective fiscal year. Each home care agency shall make the information and materials available for inspection by the state department or its designees at all reasonable times.
(5) (a) The state department may recoup part or all of the funding resulting from the increase in the reimbursement rate described in this section or section 25.5-6-1602 if the state department determines that a home care agency:
(I) Did not use one hundred percent of any funding resulting from the rate increase to increase compensation for nonadministrative employees, as required by section 25.5-6-1602 (2);
(II) Did not use eighty-five percent of the funding resulting from the rate increase to increase compensation for nonadministrative employees, as required by subsection (3) of this section; or
(III) Failed to track and report how it used any funds resulting from the increase in the reimbursement rate as required by subsection (4) of this section.
(b) If the state department makes a determination described in subsection (5)(a) of this section, the state department shall notify the home care agency in writing of the state department's intention to recoup funds pursuant to subsection (5)(a) of this section. A home care agency has forty-five days after receiving such notice to:
(I) Challenge the determination of the state department;
(II) Provide additional information to the state department demonstrating compliance; or
(III) Submit a plan of correction to the state department.
(c) The state department shall notify a home care agency in writing of its final determination after affording the home care agency the opportunity to take one of the actions specified in subsection (5)(b) of this section.
(d) The state department shall recoup from a home care agency any funding resulting from the increase in the reimbursement rate pursuant to this section or section 25.5-6-1602 that the home care agency received but did not use for compensation for nonadministrative employees if:
(I) The home care agency fails to respond to a notice of determination of the state department within the time provided in subsection (5)(b) of this section;
(II) The home care agency is unable to provide documentation of compliance; or
(III) The state department does not accept the plan of correction submitted by the home care agency pursuant to subsection (5)(b)(III) of this section.
Source: L. 2019: Entire part added, (SB 19-238), ch. 319, p. 2965, � 1, effective May 28. L. 2025: (2) amended, (HB 25-1328), ch. 263, p. 1352, � 5, effective August 6.
Cross references: For the legislative declaration in HB 25-1328, see section 1 chapter 263, Session Laws of Colorado 2025.
25.5-6-1604. Training for home care agency employees - process for reviewing and enforcing training requirements. (1) On or before January 1, 2020, the state department and the department of public health and environment, in consultation with stakeholders, shall establish a process for reviewing and enforcing initial and ongoing training requirements for persons who provide personal care services, homemaker services, and in-home support services for which a home care agency may receive reimbursement pursuant to the Colorado Medical Assistance Act, as such requirements are set forth in this section and in rules promulgated by the state board. The stakeholders must include, but are not limited to:
(a) One or more consumer advocacy organizations;
(b) One or more personal care workers;
(c) One or more worker organizations;
(d) One or more home care agencies;
(e) One or more disability advocacy organizations;
(f) One or more senior advocacy organizations; and
(g) One or more children's advocacy organizations.
(2) The stakeholders with whom the departments consult pursuant to subsection (1) of this section shall discuss and advise the departments concerning the manner in which nonadministrative employees will be notified of the compensation increases and minimum wage described in sections 25.5-6-1602 and 25.5-6-1603.
Source: L. 2019: Entire part added, (SB 19-238), ch. 319, p. 2967, � 1, effective May 28.