Colorado Code
Article 27.5 - Home Care Agencies
§ 25-27.5-104. Minimum Standards for Home Care Agencies and Home Care Placement Agencies - Rules - Advisory Committee

(1) [ Editor's note: This version of the introductory portion to subsection (1) is effective July 1, 2024. ] The state board shall promulgate rules pursuant to section 24-4-103 providing minimum standards for the operation of home care agencies and home care placement agencies within the state of Colorado that apply regardless of the source of payment for the home care services or the diagnosis of the home care consumer. In promulgating these rules, the state board shall establish different requirements appropriate to the various types of skilled home health and personal care services, including differentiating requirements for providers that are substantially funded through medicare and medicaid reimbursement, providers for the program of all-inclusive care for the elderly established in section 25.5-5-412, providers that are already licensed under this title 25, and providers that are solely or substantially privately funded. This differentiation must include consideration of the requirements already imposed by other federal and state regulatory agencies and must require the department of health care policy and financing and the department to work jointly to resolve differing requirements. The rules must include the following:

(g) (I) [ Editor's note: This version of subsection (1)(g)(I) is effective July 1, 2024. ] Fees for home care agency licensure. Home care agency fees are payable to the home care agency cash fund. The annual fee must include a component that reflects whether a survey is planned for the year based on the agency's compliance history. The state board shall develop a methodology for establishing differentiating fees for licensure of home care agencies to reflect the differences in type, scope, and volume of services provided by the various types of home care agencies, including their volume of medicaid and medicare services, and that allows for reduced fees for home care agencies that are certified prior to initial license application. The department shall not charge a duplicate fee for survey work conducted pursuant to its role as state survey agency for the federal centers for medicare and medicaid services or the Colorado department of health care policy and financing.

(1.5) To the extent the state board rules adopted pursuant to subsection (1) of this section address supervision requirements for home care agencies, the rules must allow for supervision in person or by telemedicine or telehealth. Any rules adopted by the state board pursuant to this subsection (1.5) shall be in conformity with applicable federal law and must take into consideration the appropriateness, suitability, and necessity of the method of supervision permitted.

Source: L. 2008: Entire article added, p. 2236, § 3, effective August 5. L. 2012: IP(1) amended, (HB 12-1294), ch. 252, p. 1259, § 11, effective June 4. L. 2014: IP(1), (1)(c), (1)(g), and (1)(h) amended and (1)(i), (1)(j), (1)(k), and (4) added, (HB 14-1360), ch. 373, p. 1774, § 3, effective July 1. L. 2019: (3) amended, (SB 19-146), ch. 314, p. 2821, § 5, effective August 2. L. 2020: (1.5) added, (SB 20-212), ch. 235, p. 1140, § 3, effective July 6. L. 2021: IP(1) and (1)(g)(I) amended, (HB 21-1187), ch. 83, p. 330, § 20, effective July 1, 2024.
Cross references: For the legislative declaration in the 2012 act amending the introductory portion to subsection (1), see section 1 of chapter 252, Session Laws of Colorado 2012. For the legislative declaration in SB 20-212, see section 1 of chapter 235, Session Laws of Colorado 2020.