As used in this article 27.5, unless the context
otherwise requires:
(1) Certified home care agency means an agency that is certified by either
the federal centers for medicare and medicaid services or the Colorado department
of health care policy and financing to provide skilled home health or personal care
services.
(1.3) CMS means the federal centers for medicare and medicaid services in
the United States department of health and human services.
(1.5) Repealed.
(2) Department means the Colorado department of public health and
environment.
(3) (a) Home care agency means any sole proprietorship, partnership,
association, corporation, government or governmental subdivision or agency
subject to the restrictions in section 25-1.5-103 (1)(a)(II), not-for-profit agency, or
any other legal or commercial entity that manages and offers, directly or by
contract, skilled home health services or personal care services to a home care
consumer in the home care consumer's temporary or permanent home or place of
residence. A residential facility that delivers skilled home health or personal care
services which the facility is not licensed to provide shall either be licensed as a
home care agency or require the skilled home health or personal care services to be
delivered by a licensed home care agency.
(b) Home care agency does not include:
(I) Organizations that provide only housekeeping services;
(II) Community and rural health networks that furnish home visits for the
purpose of public health monitoring and disease tracking;
(III) An individual who is not employed by or affiliated with a home care
agency and who acts alone, without employees or contractors;
(IV) Outpatient rehabilitation agencies and comprehensive outpatient
rehabilitation facilities certified pursuant to Title XVIII or XIX of the Social Security
Act, as amended;
(V) Consumer-directed attendant programs administered by the Colorado
department of health care policy and financing;
(VI) Licensed dialysis centers that provide in-home dialysis services,
supplies, and equipment;
(VII) Subject to the requirements of section 25-27.5-103 (3), a facility
otherwise licensed by the department;
(VIII) A home care placement agency as defined in subsection (5) of this
section;
(IX) Services provided by a qualified early intervention service provider and
overseen jointly by the department of education and the department of human
services; or
(X) A program of all-inclusive care for the elderly established in section
25.5-5-412, C.R.S., and regulated by the department of health care policy and
financing and the CMS; except that PACE home care services are subject to
regulation in accordance with section 25-27.5-104 (4).
(4) Home care consumer means a person who receives skilled home health
services or personal care services in his or her temporary or permanent home or
place of residence from a home care agency or from a provider referred by a home
care placement agency.
(5) Home care placement agency means an organization that, for a fee,
provides only referrals of providers to home care consumers seeking services. A
home care placement agency does not provide skilled home health services or
personal care services to a home care consumer in the home care consumer's
temporary or permanent home or place of residence directly or by contract. Such
organizations shall follow the requirements of sections 25-27.5-103 (2), 25-27.5-104 (1)(c), and 25-27.5-107.
(5.3) Manager or administrator means any person who controls and
supervises or offers or attempts to control and supervise the day-to-day operations
of a home care agency or home care placement agency.
(5.5) Owner means a shareholder in a for-profit or nonprofit corporation, a
partner in a partnership or limited partnership, a member in a limited liability
company, a sole proprietor, or a person with a similar interest in an entity, who has
at least a fifty-percent ownership interest in the business entity.
(5.7) PACE home care services means skilled home health services or
personal care services:
(a) Offered as part of a comprehensive set of medical and nonmedical
benefits, including primary care, day services, and interdisciplinary team care
planning and management, by PACE providers to an enrolled participant in the
program of all-inclusive care for the elderly established in section 25.5-5-412,
C.R.S., and regulated by the department of health care policy and financing and the
CMS; and
(b) Provided in the enrolled participant's temporary or permanent place of
residence.
(6) Personal care services means assistance with activities of daily living,
including but not limited to bathing, dressing, eating, transferring, walking or
mobility, toileting, and continence care. It also includes housekeeping, personal
laundry, medication reminders, and companionship services furnished to a home
care consumer in the home care consumer's temporary or permanent home or place
of residence, and those normal daily routines that the home care consumer could
perform for himself or herself were he or she physically capable, which are
intended to enable that individual to remain safely and comfortably in the home
care consumer's temporary or permanent home or place of residence.
(6.3) Qualified early intervention service provider has the meaning set forth
in section 26.5-3-402.
(6.7) Service agency means a service agency, as defined in section 25.5-10-202, C.R.S., that has received certification from the department of health care
policy and financing as a developmental disabilities service agency under rules
promulgated by the medical services board and is providing services pursuant to
the supported living services waiver or the children's extensive support waiver of
the home- and community-based services waivers administered by the department
of health care policy and financing under part 4 of article 6 of title 25.5, C.R.S.
(7) Skilled home health services means health and medical services
furnished to a home care consumer in the home care consumer's temporary or
permanent home or place of residence that include wound care services; use of
medical supplies including drugs and biologicals prescribed by a physician; in-home
infusion services; nursing services; home health aide or certified nurse aide services
that require the supervision of a licensed or certified health-care professional
acting within the scope of his or her license or certificate; occupational therapy;
physical therapy; respiratory care services; dietetics and nutrition counseling
services; medication administration; medical social services; and speech-language
pathology services. Skilled home health services does not include the delivery of
either durable medical equipment or medical supplies.
(8) State board means the state board of health.