(1) On or after June 1, 2009, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides skilled home health services without having submitted a completed application for licensure as a home care agency to the department. On or after January 1, 2010, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides skilled home health services without having obtained a license therefor from the department. On or after January 1, 2010, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides in-home personal care services without having submitted a completed application for licensure as a home care agency to the department. On or after January 1, 2011, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides in-home personal care services without having obtained a license therefor from the department. Any person who violates this provision:
Is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fineof not less than fifty dollars nor more than five hundred dollars; and
May be subject to a civil penalty assessed by the department of up to ten thousanddollars for each violation of this section. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24 for credit to the general fund. The department shall enforce and collect each penalty following a decision reached in accordance with procedures set forth in section 24-4-105.
(1.5) It is unlawful for a community-centered board that is directly providing home care services or a service agency to conduct or maintain a home care agency that provides in-home personal care services without having obtained a license from the department. Any person who violates this subsection (1.5) is guilty of a misdemeanor and is subject to the civil and criminal penalties described in paragraphs (a) and (b) of subsection (1) of this section. Nothing in this section relieves an entity that contracts or arranges with a community-centered board or service agency and that meets the definition of a home care agency from the entity's obligation to apply for and operate under a license in accordance with this article.
(2) (a) (I) On or after June 1, 2015, it is unlawful for a person to conduct or maintain a home care placement agency unless the person has submitted a completed application for registration as a home care placement agency to the department, including evidence of general liability insurance coverage as required in subparagraph (II) of this paragraph (a). On or after January 1, 2016, it is unlawful for a person to conduct or maintain a home care placement agency without a valid, current home care placement agency registration issued by the department. The department shall maintain a registry of all registered home care placement agencies and shall make the registry accessible to the public. While a home care placement agency must be registered by the department, a home care placement agency is not licensed or certified by the department and shall not claim or assert that the department licenses or certifies the home care placement agency.
(II) As a condition of obtaining an initial or renewal home care placement agency registration pursuant to this subsection (2), a person applying for initial or renewal registration shall submit to the department, in the form and manner required by the department, proof that the person has obtained and is maintaining general liability insurance coverage that covers the home care placement agency and the providers it refers to home care consumers in an amount determined by the state board by rule pursuant to section 25-27.5-104 (1)(h).
A home care placement agency shall provide to its home care consumer clients, before referring a provider to the client, a written disclosure containing the information required in section 25-27.5-104 (1)(c) and in state board rules adopted pursuant to that section.
A person who violates this subsection (2):
Is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fineof not less than fifty dollars nor more than five hundred dollars; and
May be subject to a civil penalty assessed by the department of up to ten thousanddollars for each violation. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24. The department shall transfer any money it collects as such a penalty to the state treasurer, who shall credit the money to the general fund.
(3) If a facility that is licensed pursuant to this title provides skilled home health or personal care services also provides the services outside the premises of the licensed facility, the facility license shall be amended to include the services, and the facility shall meet the requirements promulgated by the state board.
Source: L. 2008: Entire article added, p. 2235, § 3, effective August 5. L. 2010: (1.5) added, (SB 10-194), ch. 251, p. 1122, § 3, effective May 21. L. 2012: (2) amended, (HB 121294), ch. 252, p. 1259, § 10, effective June 4. L. 2013: (1.5)(a)(I) amended, (HB 13-1314), ch. 323, p. 1807, § 41, effective March 1, 2014. L. 2014: (1.5) and (2) amended, (HB 14-1360), ch. 373, p. 1772, § 2, effective July 1. L. 2019: (1)(b) and (2)(c)(II) amended, (SB 19-146), ch. 314, p. 2820, § 4, effective August 2.
Cross references: For the legislative declaration in the 2012 act amending subsection (2), see section 1 of chapter 252, Session Laws of Colorado 2012.