(1) The state department shall implement a consumer-directed care service model that allows eligible persons to receive a direct payment through a voucher to purchase qualified services. The state department is authorized to seek any federal waivers or waiver amendments that may be necessary to implement this part 11. The state department shall design and implement the consumer-directed care service model with input from consumers of home- and community-based services or their authorized representatives. An eligible person shall not be required to disenroll from the person's waiver program in order to receive qualified services through the consumer-directed care service model.
(2) In order to qualify and to remain eligible for the consumer-directed care service model authorized by this section, a person shall:
Be eligible for home- and community-based services under parts 3 to 12 of this article or any other home- and community-based service waiver for which the state department has federal waiver authority;
Be willing to participate;
Obtain a statement from his or her primary care physician or advanced practice nurseindicating that the person has sound judgment and the ability to direct his or her care or has an authorized representative;
Demonstrate the ability to handle the financial aspects of self-directed care or has anauthorized representative who is able to handle the financial aspects of the eligible person's care; and
Meet any other qualifications established by the state board by rule.
The voucher issued to the eligible person under this part 11 shall be based on theeligible person's historical utilization of home- and community-based services under parts 3 to 12 of this article, the single entry point agency's care plan, or any approved resource allocation process as determined by the state department and the department of human services for the eligible person.
While an eligible person is participating in the consumer-directed care service modelestablished in this part 11, that person shall be ineligible to receive a home care allowance as provided in section 26-2-122.3 (1)(b), C.R.S.
The state department shall develop the accountability requirements necessary to safeguard the use of public dollars, to promote effective and efficient delivery of services, and to monitor the safety and welfare of eligible persons under this part 11.
The state board shall adopt rules as necessary for the implementation and administration of the consumer-directed care service model authorized by this part 11. Such rules shall include a provision allowing an eligible person to designate a family member or authorized representative to be responsible for managing the financial matters associated with the consumer-directed care or to direct the eligible person's care. The designee shall not receive reimbursement for managing the financial matters associated with the eligible person's care or for directing the eligible person's care.
Sections 12-255-104 (7), (8.5), and (11), 12-255-125 (1), and 12-255-214 (1)(b) shallnot apply to a person who is directly employed by an individual participating in the consumerdirected care service model pursuant to this section and who is acting within the scope and course of such employment. 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.
Section 25.5-6-310 does not apply to a family member of an eligible person whoprovides consumer-directed care services to the eligible person pursuant to this part 11.
A person who has been designated as an authorized representative under this part 11 shall submit an affidavit, which shall become part of the eligible person's file, stating that:
He or she is at least eighteen years of age;
He or she has known the eligible person for at least two years;
He or she has not been convicted of any crime involving exploitation, abuse, or assault on another person; and
He or she does not have a mental, emotional, or physical condition that could resultin harm to the eligible person.
Source: L. 2006: Entire article added with relocations, p. 1968, § 7, effective July 1. L. 2008: (2)(c) amended, p. 134, § 24, effective January 1, 2009. L. 2019: (7) amended, (HB 191172), ch. 136, p. 1710, § 189, effective October 1. L. 2020: (7) amended, (HB 20-1183), ch. 157, p. 703, § 61, effective July 1.
Editor's note: This section is similar to former § 26-4-1302 as it existed prior to 2006.