NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 10-194
      
      
      BY SENATOR(S) Boyd, Newell, Williams;
      also REPRESENTATIVE(S) Riesberg, Apuan, Fischer, Gerou, Labuda,
      Looper, Pommer, Schafer S., Soper, Todd.
      
      
      Concerning the requirement that entities operating pursuant to
           certain federal waivers that provide certain services to
           persons with developmental disabilities obtain licensure as
           home care agencies.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  25-27.5-102, Colorado Revised Statutes, is amended
      BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
      read:
      
           25-27.5-102.  Definitions.  As used in this article, unless the context
      otherwise requires:
      
           (1.5)  "Community centered board" has the meaning set forth
      in section 27-10.5-102, C.R.S.
      
           (6.3)  "Qualified early intervention service provider" has the
      meaning set forth in section 27-10.5-702, C.R.S.
      
           (6.7)  "Service agency" has the meaning set forth in section
      27-10.5-102, C.R.S.
      
           SECTION 2.  25-27.5-102 (3) (b) (VII) and (3) (b) (VIII), Colorado
      Revised Statutes, are amended, and the said 25-27.5-102 (3) (b) is further
      amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
      
           25-27.5-102.  Definitions.  As used in this article, unless the context
      otherwise requires:
      
           (3) (b)  "Home care agency" does not include:
      
           (VII)  Subject to the requirements of section 25-27.5-103 (3), a
      facility otherwise licensed by the department; or
      
           (VIII)  A home care placement agency as defined in subsection (5)
      of this section; or
      
           (IX)  Services provided by a qualified early intervention
      service provider and overseen jointly by the department of
      education and the department of human services.
      
           SECTION 3.  25-27.5-103, Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW SUBSECTION to read:
      
           25-27.5-103.  License required - civil and criminal penalties. 
      (1.5) (a)  Notwithstanding any provision of law to the contrary, by
      March 1, 2011, the following providers of skilled home health
      services or in-home personal care services shall apply for
      licensure as a home care agency to the department:
      
           (I)  Community centered boards designated pursuant to
      section 27-10.5-105, C.R.S.; and
      
           (II)  Service agencies that have received program approval
      from the department of human services as a developmental
      disabilities service agency under rules promulgated by the
      department of human services that are 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 and the department of human services under
      part 4 of article 6 of title 25.5, C.R.S.
      
           (b)  On or after September 1, 2011, it is unlawful for any
      community centered board that is directly providing home care
      services, or any service agency as described in paragraph (a) of
      this subsection (1.5), to conduct or maintain a home care agency
      that provides skilled home health services or in-home personal
      care services without having obtained a license therefor from the
      department.  Any person who violates this provision is guilty of a
      misdemeanor and is subject to the civil and criminal penalties
      described in paragraphs (a) and (b) of subsection (1) of this section. 
      Nothing in this section relieves an entity that contracts or
      arranges with a community centered board or service agency, and
      that meets the definition of a "home care agency" under section
      25-27.5-102, from the entity's obligation to apply for and operate
      under a license in accordance with this article.
      
           SECTION 4.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO