Colorado § 27-10.5-104.5 - Case management agencies when acting as a service agency - money - rules.

§ 27-10.5-104.5. Case management agencies when acting as a service agency - money - rules.

(1) Repealed.

(2) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.)

(3) The department shall promulgate rules to implement the purchase of long-term services and supports from a case management agency or a service agency. The rules must include, but need not be limited to:

(a) Terms and conditions necessary to promote the effective delivery of services and supports;

(b) Procedures for obtaining an annual audit of case management agencies and service agencies not affiliated with a case management agency to provide financial information deemed necessary by the department to establish costs of long-term services and supports and to ensure proper management of money received pursuant to section 27-10.5-104;

(c) Repealed.

(d) Specification of what long-term services and supports are to be reimbursed by the department and secondarily by the case management agencies, the source of reimbursement, actual long-term service or support costs, incentives, and program service objectives which affect reimbursement;

(e) The methods of coordinating the purchase of services and supports, including, but not limited to, service and support coordination, with other federal, state, and local programs which provide funding for authorized services and supports;

(f) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.)

(g) and (h) (Deleted by amendment, L. 2008, p. 2219, § 2, effective June 5, 2008.)

(i) Criteria for and limitations on any rates that case management agencies charge to service agencies based upon a percentage of the rates that service agencies charge for long-term services and supports.

(3.5) Any incorporated service agency which is registered in Colorado as a foreign corporation shall organize a local advisory board consisting of individuals who reside within the defined service area. The advisory board must be representative of the community at large and persons receiving services and their families.

(4) Upon a determination by the executive director that long-term services or supports have not been provided in accordance with the program or financial administration standards specified in this article 10.5 and the rules and regulations promulgated thereunder, the executive director may reduce, suspend, or withhold payment to a case management agency, service agency under contract with a case management agency, or service agency from which the department of human services purchased long-term services or supports directly. When the executive director decides to reduce, suspend, or withhold payment, the executive director shall specify the reasons therefor and the actions which are necessary to bring the service agency into compliance.

(5) Nothing in this article or in any rules or regulations promulgated pursuant thereto and no actions taken by the executive director pursuant to this article shall be construed to affect the obtaining of funds from local authorities, including those funds obtained from a mill levy assessed by a county or municipality for the purpose of purchasing services or supports for persons with developmental disabilities, or to require that such funds from local authorities be used to supplant state or federal funds available for purchasing services and supports for persons with developmental disabilities.

(6) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.)

Source: L. 85: Entire section added, p. 991, § 5, effective July 1. L. 88: (6) amended, p. 1083, § 4, effective April 9. L. 92: Entire section amended, p. 1363, § 5, effective July 1. L. 93: (3)(d) and (4) amended, p. 1163, § 135, effective July 1, 1994. L. 2008: (3) amended, p. 2219, § 2, effective June 5; IP(3) and (3)(a) amended, p. 2180, § 3, effective June 5. L. 2009: (1), IP(3), and (3)(b) amended, (SB 09-044), ch. 57, p. 208, § 11, effective March 25. L. 2013: (3) amended, (HB 13-1314), ch. 323, p. 1797, § 6, effective March 1, 2014. L. 2021: IP(3), (3)(b), (3)(d), (3)(i), (3.5), and (4) amended, (HB 21-1187), ch. 83, p. 349, § 58, effective July 1, 2024; (1)(b) and (3)(c)(II) added by revision, (HB 21-1187), ch. 83, pp. 349, 354, §§ 58, 70.

Editor's note: (1) Amendments to subsection (3) by House Bill 08-1220 and Senate Bill 08-002 were harmonized.

(2) Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 2024. (See L. 2021, pp. 349, 354.)

(3) Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective July 1, 2024. (See L. 2021, pp. 349, 354.)

Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993.