CO Code § 25.5-6-704 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 7 - Home- and Community-Based Services for Persons With Brain Injury|§ 25.5-6-704. Implementation of Home- and Community-Based Services Program for Persons With Brain Injury Authorized - Federal Waiver - Duties of the Department

     The state department is hereby authorized to seek any necessary waiver from the federal government to develop and implement a home- and community-based services program for persons with brain injury. The state department shall design the program to provide home- and community-based services to eligible persons. Eligibility shall be limited to persons who meet the level of services provided in a hospital, rehabilitation hospital, hospital in lieu of nursing facility care, or who are in need of specialized care provided in a nursing facility in lieu of a hospital.    The state department shall seek any necessary amendments to the current federal waiver for the home- and community-based services program for persons with brain injury to allow supported living, as defined in section 25.5-6-703 (8), to be provided to eligible persons on a supportive care campus.       Services for eligible persons may be established in department rules to the extent authorized or required by federal waiver, but must include at least the following:   Independent living skills training, as indicated in the eligible person's plan of care, and provided by local agencies determined by the department to be qualified to provide the services;    Residential care including, but not limited to:   Transitional living;    Respite care;    Supported living;       Personal care services;    Assisted transportation;    Counseling and training including treatment for substance use disorders and family counseling;    Environmental modification services;    Day care, which may include physical, occupational, and speech therapies as indicated in the eligible person's plan of care;    Structured day treatment, which may include physical, occupational, speech, and cognitive therapies if deemed necessary by the eligible person's case manager and as indicated in the person's plan of care. Structured day treatment services are for individuals who may benefit from continued rehabilitation and reintegration into the community.    Behavioral programming that may be provided in or outside an eligible person's residence;    Assistive technology;    Services provided under the consumer-directed care service model, part 11 of this article.       The case manager, in coordination with the eligible person and the person's family or guardian, shall include in each plan of care a process by which the eligible person may receive necessary care, which may include respite care, if the eligible person's family or service provider is unavailable due to an emergency situation or to unforeseen circumstances. The eligible person and the person's family or guardian shall be duly informed by the case manager of these alternative care provisions at the time the plan of care is initiated.      The department shall provide a system of reimbursement for services provided pursuant to this part 7 that encourages the most cost-effective provision of services.    A member of an eligible person's family, other than the person's spouse or a parent of a minor, may be employed to provide personal care services to such person. The maximum reimbursement for the services provided by a member of the person's family per year for an eligible person shall not exceed the equivalent of four hundred forty-four service units per year for a member of the eligible person's family. Standards that apply to other providers who provide personal care services apply to a family member who provides these services. In addition, a registered nurse shall supervise a family member in providing services to the extent indicated in the eligible person's plan of care.       The state department shall, subject to appropriation, use available federal, state, local, or private funds including, but not limited to, medicaid funds available under Title XIX of the federal “Social Security Act”, as amended, to carry out the purposes of this part 7.    The state board shall adopt rules concerning the certification of agencies as medicaid providers for the purposes of this part 7, fiscal and administrative procedures, procedures for reviewing plans of care, reimbursement rates, and the scope, duration, and content of programs and the eligibility for specific services provided pursuant to this part 7. The state board shall adopt such rules as are necessary to fulfill the obligations of the state department as the single state agency to administer medical assistance programs in accordance with Title XIX of the federal “Social Security Act”, as amended.      History. Source: L. 2006: Entire article added with relocations, p. 1955, § 7, effective July 1. L. 2017: IP(2) and (2)(e) amended,(SB 17-242), ch. 263, p. 1330, § 210, effective May 25.    Editor's note:   This section is similar to former § 26-4-684 as it existed prior to 2006.   Cross references:   For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.