CO Code § 25.5-6-303 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 6 - Colorado Medical Assistance Act - Long-Term Care|Part 3 - Home- and Community-Based Services for the Elderly, Blind, and Disabled|§ 25.5-6-303. Definitions

 As used in this part 3, unless the context otherwise requires:    “Adult day care facility” means a facility which meets all applicable state and federal requirements and is certified by the state to provide adult day care services to eligible persons.    “Adult day care services” means health and social services provided on a less than twenty-four-hour basis to eligible persons in state-certified adult day care facilities.    “Alternative care facility” means a residential facility which provides alternative care services and protective oversight to eligible persons, which meets applicable state and federal requirements, and which is state-certified.    “Alternative care services” means a package of personal care and homemaker services provided in a state-certified alternative care facility.      [Editor's note: This version of subsection (5) is effective until July 1, 2024.] “Case management agency” means agencies providing services on and before July 1, 1995, for home- and community-based programs for the elderly, blind, and disabled shall be terminated July 1, 1995, and case management functions shall thereafter be performed in accordance with this article 6.    “Case management agency”, for counties participating in the single entry point system pursuant to this article before July 1, 1995, and for all counties on and after said date, means a public or private, nonprofit or for profit agency that meets all applicable state and federal requirements and is certified by the state department to provide case management functions reimbursable under this article and articles 4 and 5 of this title, within a geographic area of the state consisting of one or more counties. Such functions shall be provided by the agency under a contract executed with the state department or other state designated agency. The state department shall establish procedures for the designation, certification, and decertification of case management agencies and requirements for performance and staffing of the agencies. Such procedures and requirements shall be set forth in rules promulgated by the state board or shall be included in the contracts executed by the state department.       [ ] “Case management services” means functions performed by a case management agency, including: The assessment of a client's needs, the development and implementation of a case plan for the client, the coordination and monitoring of service delivery, the direct delivery of services as provided by parts 3 to 12 of this article or by rules adopted by the state board, the evaluation of service effectiveness, and the reassessment of the client's needs. Case management services shall be reimbursed as an administrative expense.    [ ] “Case plan” means a coordinated plan for the provision of long-term-care services in a setting other than a nursing home, developed and managed by a case management agency, in coordination with the client, his family or guardian and physician, and other providers of care.    “Electronic monitoring provider” means an entity that meets applicable state, federal, and local requirements and is certified to provide electronic monitoring services.    “Electronic monitoring services” means electronic equipment or adaptations or other remote supports that are related to an eligible person's disability and enable the person to remain at home.    “Homemaker agency” means any agency that meets applicable state and federal requirements and is state-certified to provide homemaker services.    “Homemaker services” means general household activities that are provided by state-certified agencies to maintain a healthy and safe home environment for eligible persons.    “Home modification provider” means an entity that meets applicable state, federal, and local requirements and is certified to provide home modification services.    “Home modification services” means home installations or adaptations that are related to the eligible person's physical impairment and enable the person to remain at home.    “Medications administration” means the administration or monitoring of medications provided in a manner consistent with part 3 of article 1.5 of title 25, C.R.S., under the authority and direction of the state department, as part of the “alternative care services”, as defined in subsection (4) of this section, as provided in an “alternative care facility”, as defined in subsection (3) of this section.    “Nonmedical transportation provider” means an entity that meets applicable state and federal requirements and is certified to provide nonmedical transportation services.    “Nonmedical transportation services” means transportation of eligible persons to services such as, but not limited to, adult day care services, which enable the person to remain at home.    “Personal care agency” means any agency that meets state and federal requirements and is state-certified to provide personal care services.    “Personal care services” means services to meet an eligible person's physical requirements and functional needs, when such services do not require the supervision of a nurse.    “Respite care provider” means a facility or agency that meets all applicable state and federal requirements and is state-certified to provide respite care services.    “Respite care services” means services of a short-term nature provided to a client, in the home or in a facility approved by the state department, in order to temporarily relieve the family or other home providers from the care and maintenance of such client, including room and board, maintenance, personal care, and other related services.    Repealed.      (a) [ ] “Case management agency” means agencies providing services on and before July 1, 1995, for home- and community-based programs for the elderly, blind, and disabled shall be terminated July 1, 1995, and case management functions shall thereafter be performed in accordance with this article 6.  Editor's note: This version of subsection (5) is effective July 1, 2024.  (b) “Case management agency” has the same meaning as set forth in section 25.5-6-1702 (2) .  Editor's note: This version of subsection (6) is effective until July 1, 2024.  (6) [ ] “Case management services” has the same meeting as set forth in section 25.5-6-1702 3.  Editor's note: This version of subsection (6) is effective July 1, 2024. Editor's note: This version of subsection (7) is effective until July 1, 2024.  (7) [ ] “Case plan” means a coordinated plan for the provision of long-term-care services in a setting other than a nursing home, developed and managed by a case management agency, in coordination with the client, the client's family or guardian, the client's physician, and other providers of care.  Editor's note: This version of subsection (7) is effective July 1, 2024.  History. Source: L. 2006: Entire article added with relocations, p. 1938, § 7, effective July 1. L. 2015: (21) amended,(SB 15-240), ch. 139, p. 423, § 4, effective July 1. L. 2016: (21) amended,(SB 16-093), ch. 54, p. 132, § 4, effective July 1. L. 2018: IP amended and (21) repealed,(HB 18-1326), ch. 183, p. 1239, § 2, effective July 1; IP and (5)(a) amended,(SB 18-093), ch. 62, p. 610, § 7, effective August 8. L. 2021: (9) amended,(SB 21-210), ch. 78, p. 303, § 1, effective April 30; (5), (6), and (7) amended,(HB 21-1187), ch. 83, p. 333, § 30, effective July 1, 2024.    Editor's note:    This section is similar to former § 26-4-603 as it existed prior to 2006.    The introductory portion to this section was amended in HB 18-1326. Those amendments were superseded by the amendment of the introductory portion to this section in SB 18-093, effective August 8, 2018.     Cross references:    For additional definitions applicable to this part 3, see § 25.5-4-103.    For the legislative declaration in SB 18-093, see section 1 of chapter 62, Session Laws of Colorado 2018.     ANNOTATION   Annotator's note. Since § 25.5-6-303 is similar to § 26-4-603 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5 and § 26-4-603 is similar to § 26-4.5-103 as it existed prior to the 1991 repeal of article 4.5 of title 26, a relevant case construing that provision has been included in the annotations to this section.   The establishment of procedures and requirements for certification of case management agencies does not result in a plan to provide medical assistance “in effect” statewide, when the state declined to create a management agency in a county or to otherwise fill the void thereby created. Christy v. Ibarra, 826 P.2d 361 (Colo. App. 1991).   The state need not provide all services to all eligible recipients but must provide services to the extent they are available to the general population in the geographic area. Christy v. Ibarra, 826 P.2d 361 (Colo. App. 1991).