(1.5) [ Editor's note: This version of subsection (1.5) is effective until July 1, 2024. ] 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.
(1.5) [ Editor's note: This version of subsection (1.5) is effective July 1, 2024. ] It is unlawful for a service agency that is directly providing home care services 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 subsections (1)(a) and (1)(b) of this section. Nothing in this section relieves an entity that contracts or arranges with a 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.
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 12-1294), 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. L. 2021: (1.5) amended, (HB 21-1187), ch. 83, p. 330, § 19, effective July 1, 2024.
Cross references: For the legislative declaration in the 2012 act amending subsection (2), see section 1 of chapter 252, Session Laws of Colorado 2012.
Structure Colorado Code
Title 25 - Public Health and Environment
Article 27.5 - Home Care Agencies
§ 25-27.5-101. Legislative Declaration
§ 25-27.5-102. Definitions - Repeal
§ 25-27.5-105. Home Care Agency Cash Fund - Created
§ 25-27.5-106. License or Registration - Application - Inspection - Issuance - Rules
§ 25-27.5-107. Employee or Referred Service Provider Criminal History Record Check - Rules
§ 25-27.5-108. License or Registration Denial - Suspension - Revocation