As used in this article, unless the context otherwise requires:
"Certified home care agency" means an agency that is certified by either the federalcenters for medicare and medicaid services or the Colorado department of health care policy and financing to provide skilled home health or personal care services.
(1.3) "CMS" means the federal centers for medicare and medicaid services in the United States department of health and human services.
(1.5) "Community-centered board" means a community-centered board, as defined in section 25.5-10-202, C.R.S., that is designated pursuant to section 25.5-10-209, C.R.S., by the department of health care policy and financing.
"Department" means the Colorado department of public health and environment.
(a) "Home care agency" means any sole proprietorship, partnership, association, corporation, government or governmental subdivision or agency subject to the restrictions in section 25-1.5-103 (1)(a)(II), not-for-profit agency, or any other legal or commercial entity that manages and offers, directly or by contract, skilled home health services or personal care services to a home care consumer in the home care consumer's temporary or permanent home or place of residence. A residential facility that delivers skilled home health or personal care services which the facility is not licensed to provide shall either be licensed as a home care agency or require the skilled home health or personal care services to be delivered by a licensed home care agency.
(b) "Home care agency" does not include:
Organizations that provide only housekeeping services;
Community and rural health networks that furnish home visits for the purpose ofpublic health monitoring and disease tracking;
An individual who is not employed by or affiliated with a home care agency andwho acts alone, without employees or contractors;
Outpatient rehabilitation agencies and comprehensive outpatient rehabilitation facilities certified pursuant to Title XVIII or XIX of the "Social Security Act", as amended;
Consumer-directed attendant programs administered by the Colorado department ofhealth care policy and financing;
Licensed dialysis centers that provide in-home dialysis services, supplies, and equipment;
Subject to the requirements of section 25-27.5-103 (3), a facility otherwise licensed by the department;
A home care placement agency as defined in subsection (5) of this section;
Services provided by a qualified early intervention service provider and overseenjointly by the department of education and the department of human services; or
A program of all-inclusive care for the elderly established in section 25.5-5-412,C.R.S., and regulated by the department of health care policy and financing and the CMS; except that PACE home care services are subject to regulation in accordance with section 25-27.5-104 (4).
"Home care consumer" means a person who receives skilled home health services orpersonal care services in his or her temporary or permanent home or place of residence from a home care agency or from a provider referred by a home care placement agency.
"Home care placement agency" means an organization that, for a fee, provides onlyreferrals of providers to home care consumers seeking services. A home care placement agency does not provide skilled home health services or personal care services to a home care consumer in the home care consumer's temporary or permanent home or place of residence directly or by contract. Such organizations shall follow the requirements of sections 25-27.5-103 (2), 25-27.5104 (1)(c), and 25-27.5-107.
(5.3) "Manager" or "administrator" means any person who controls and supervises or offers or attempts to control and supervise the day-to-day operations of a home care agency or home care placement agency.
(5.5) "Owner" means a shareholder in a for-profit or nonprofit corporation, a partner in a partnership or limited partnership, a member in a limited liability company, a sole proprietor, or a person with a similar interest in an entity, who has at least a fifty-percent ownership interest in the business entity.
(5.7) "PACE home care services" means skilled home health services or personal care services:
Offered as part of a comprehensive set of medical and nonmedical benefits, includingprimary care, day services, and interdisciplinary team care planning and management, by PACE providers to an enrolled participant in the program of all-inclusive care for the elderly established in section 25.5-5-412, C.R.S., and regulated by the department of health care policy and financing and the CMS; and
Provided in the enrolled participant's temporary or permanent place of residence.
"Personal care services" means assistance with activities of daily living, includingbut not limited to bathing, dressing, eating, transferring, walking or mobility, toileting, and continence care. It also includes housekeeping, personal laundry, medication reminders, and companionship services furnished to a home care consumer in the home care consumer's temporary or permanent home or place of residence, and those normal daily routines that the home care consumer could perform for himself or herself were he or she physically capable, which are intended to enable that individual to remain safely and comfortably in the home care consumer's temporary or permanent home or place of residence.
(6.3) "Qualified early intervention service provider" has the meaning set forth in section 27-10.5-702, C.R.S.
(6.7) "Service agency" means a service agency, as defined in section 25.5-10-202, C.R.S., that has received certification from the department of health care policy and financing as a developmental disabilities service agency under rules promulgated by the medical services board and is providing services pursuant to the supported living services waiver or the children's extensive support waiver of the home- and community-based services waivers administered by the department of health care policy and financing under part 4 of article 6 of title 25.5, C.R.S.
"Skilled home health services" means health and medical services furnished to ahome care consumer in the home care consumer's temporary or permanent home or place of residence that include wound care services; use of medical supplies including drugs and biologicals prescribed by a physician; in-home infusion services; nursing services; home health aide or certified nurse aide services that require the supervision of a licensed or certified health care professional acting within the scope of his or her license or certificate; occupational therapy; physical therapy; respiratory care services; dietetics and nutrition counseling services; medication administration; medical social services; and speech-language pathology services. "Skilled home health services" does not include the delivery of either durable medical equipment or medical supplies.
"State board" means the state board of health.
Source: L. 2008: Entire article added, p. 2234, § 3, effective August 5. L. 2010: (1.5),
(3)(b)(IX), (6.3), and (6.7) added and (3)(b)(VII) and (3)(b)(VIII) amended, (SB 10-194), ch. 251, p. 1121, §§ 1, 2, effective May 21. L. 2013: (1.5) and (6.7) amended, (HB 13-1314), ch. 323, p. 1807, § 40, effective March 1, 2014. L. 2014: (1.3), (3)(b)(X), (5.3), (5.5), and (5.7) added and (1.5), (3)(b)(VIII), (3)(b)(IX), (4), and (6.7) amended, (HB 14-1360), ch. 373, p. 1771, § 1, effective July 1.
Cross references: For Title XVIII or XIX of the "Social Security Act", see Pub.L. 89-97.