Home Care Agencies

C.R.S. tit. 25, art. 27.5
in effect

C.R.S. § 25-27.5-101 Legislative declaration

25-27.5-101. Legislative declaration. (1) In order to promote the public health and welfare of the people of Colorado, it is declared to be in the public interest to establish minimum standards and rules for home care agencies in the state of Colorado and to provide the authority for the administration and enforcement of such minimum standards and rules. These standards and rules shall be sufficient to assure the health, safety, and welfare of home care consumers. (2) The general assembly further finds that the department of public health and environment, as the executive branch agency assigned to administer and enforce minimum standards for home care agencies, should explore whether risk-based inspections may be implemented to allocate resources more effectively and at the same time adequately protect the health and safety of the home care consumers. Risk shall be evaluated based on the home care agency's compliance history, quality performance measures, and other relevant factors set forth in rules promulgated by the state board of health. (3) Further, the general assembly determines and declares that, in administering and enforcing standards for home care agencies, the inspections by the department should focus on home care consumer safety and outcomes.

C.R.S. § 25-27.5-102 Definitions

25-27.5-102. Definitions. 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 (1.5) Repealed.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. re 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. cy 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.

C.R.S. § 25-27.5-103 Home care agency license required - home care placement agency registration required - civil and criminal penalties

25-27.5-103. Home care agency license required - home care placement agency registration required - civil and criminal penalties. (1) On or after June 1, 2009, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides skilled home health services without having submitted a completed application for licensure as a home care agency to the department. On or after January 1, 2010, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides skilled home health services without having obtained a license therefor from the department. On or after January 1, 2010, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides in-home personal care services without having submitted a completed application for licensure as a home care agency to the department. On or after January 1, 2011, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides in-home personal care services without having obtained a license therefor from the department. Any person who violates this provision: (a) Is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars; and (b) May be subject to a civil penalty assessed by the department of up to ten thousand dollars for each violation of this section. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24 for credit to the general fund. The department shall enforce and collect each penalty following a decision reached in accordance with procedures set forth in section 24-4-105. (1.5) It is unlawful for a service agency that is directly providing home care services to conduct or maintain a home care agency that provides in-home personal care services without having obtained a license from the department. Any person who violates this subsection (1.5) is guilty of a misdemeanor and is subject to the civil and criminal penalties described in subsections (1)(a) and (1)(b) of this section. Nothing in this section relieves an entity that contracts or arranges with a service agency and that meets the definition of a home care agency from the entity's obligation to apply for and operate under a license in accordance with this article. (2) (a) (I) On or after June 1, 2015, it is unlawful for a person to conduct or maintain a home care placement agency unless the person has submitted a completed application for registration as a home care placement agency to the department, including evidence of general liability insurance coverage as required in subparagraph (II) of this paragraph (a). On or after January 1, 2016, it is unlawful for a person to conduct or maintain a home care placement agency without a valid, current home care placement agency registration issued by the department. The department shall maintain a registry of all registered home care placement agencies and shall make the registry accessible to the public. While a home care placement agency must be registered by the department, a home care placement agency is not licensed or certified by the department and shall not claim or assert that the department licenses or certifies the home care placement agency. (II) As a condition of obtaining an initial or renewal home care placement agency registration pursuant to this subsection (2), a person applying for initial or renewal registration shall submit to the department, in the form and manner required by the department, proof that the person has obtained and is maintaining general liability insurance coverage that covers the home care placement agency and the providers it refers to home care consumers in an amount determined by the state board by rule pursuant to section 25-27.5-104 (1)(h). lying for initial or renewal registration shall submit to the department, in the form and manner required by the department, proof that the person has obtained and is maintaining general liability insurance coverage that covers the home care placement agency and the providers it refers to home care consumers in an amount determined by the state board by rule pursuant to section 25-27.5-104 (1)(h). (b) A home care placement agency shall provide to its home care consumer clients, before referring a provider to the client, a written disclosure containing the information required in section 25-27.5-104 (1)(c) and in state board rules adopted pursuant to that section. (c) A person who violates this subsection (2): (I) Is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars; and (II) May be subject to a civil penalty assessed by the department of up to ten thousand dollars for each violation. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24. The department shall transfer any money it collects as such a penalty to the state treasurer, who shall credit the money to the general fund. (3) If a facility that is licensed pursuant to this title provides skilled home health or personal care services also provides the services outside the premises of the licensed facility, the facility license shall be amended to include the services, and the facility shall meet the requirements promulgated by the state board.

C.R.S. § 25-27.5-104 Minimum standards for home care agencies and home care placement agencies - rules - advisory committee

25-27.5-104. Minimum standards for home care agencies and home care placement agencies - rules - advisory committee. (1) The state board shall promulgate rules pursuant to section 24-4-103 providing minimum standards for the operation of home care agencies and home care placement agencies within the state of Colorado that apply regardless of the source of payment for the home care services or the diagnosis of the home care consumer. In promulgating these rules, the state board shall establish different requirements appropriate to the various types of skilled home health and personal care services, including differentiating requirements for providers that are substantially funded through medicare and medicaid reimbursement, providers for the program of all-inclusive care for the elderly established in section 25.5-5-412, providers that are already licensed under this title 25, and providers that are solely or substantially privately funded. This differentiation must include consideration of the requirements already imposed by other federal and state regulatory agencies and must require the department of health care policy and financing and the department to work jointly to resolve differing requirements. The rules must include the following: (a) Inspection of home care agencies by the department or its designated representative; (b) Minimum educational, training, and experience standards for the administrator and staff of an agency, including a requirement that such persons be of good, moral, and responsible character; (c) Requirements for disclosure notices to be provided by home care agencies and home care placement agencies to home care consumers concerning the duties and employment status of the individual providing services. With regard to home care placement agencies, the rules must require a home care placement agency to disclose in writing, at a minimum, the following to each home care consumer client in the form and manner prescribed by the department before referring a provider to the client: (I) That the home care placement agency is not the employer of any provider it refers to a home care consumer; and (II) That the home care placement agency does not direct, control, schedule, or train any provider it refers; (d) Intermediate enforcement remedies as authorized by section 25-27.5-108; (e) A requirement and form for written plans, to be submitted by agencies to the department for approval, detailing the measures that will be taken to correct violations found as a result of inspections; (f) Establishing occurrence reporting requirements pursuant to section 25-1-124; (g) (I) Fees for home care agency licensure. Home care agency fees are payable to the home care agency cash fund. The annual fee must include a component that reflects whether a survey is planned for the year based on the agency's compliance history. For state fiscal year 2024-25, the state board shall develop a methodology for establishing differentiating fees for licensure of home care agencies to reflect the differences in type, scope, and volume of services provided by the various types of home care agencies, including their volume of medicaid and medicare services, and that allows for reduced fees for home care agencies that are certified prior to initial license application. The department shall not charge a duplicate fee for survey work conducted pursuant to its role as state survey agency for the federal centers for medicare and medicaid services or the Colorado department of health care policy and financing. (II) For state fiscal year 2025-26 and each state fiscal year thereafter, the schedule of fees adopted by the state board pursuant to section 25-3-105 (1)(a)(I)(A) must be updated and published by March 1 of the year that the fees will take effect. The fees are not subject to rule-making by the state board. The licensure fees for home care agencies must be increased as follows: icy and financing. (II) For state fiscal year 2025-26 and each state fiscal year thereafter, the schedule of fees adopted by the state board pursuant to section 25-3-105 (1)(a)(I)(A) must be updated and published by March 1 of the year that the fees will take effect. The fees are not subject to rule-making by the state board. The licensure fees for home care agencies must be increased as follows: (A) For state fiscal year 2025-26, eight percent from the fees on the schedule of fees established pursuant to subsection (1)(g)(I) of this section; (B) For each of state fiscal years 2026-27, 2027-28, and 2028-29, six percent; and (C) For state fiscal year 2029-30 and for each state fiscal year thereafter, an amount that is equal to the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers. (h) Requirements for home care agencies to provide evidence of and maintain either liability insurance coverage or a surety bond in lieu of liability insurance coverage and for home care placement agencies to provide evidence of and maintain liability insurance coverage as required in section 25-27.5-103 (2)(a)(II) in amounts set through rules of the state board; (i) Factors for home care agencies and home care placement agencies to consider when determining whether an applicant's conviction of or plea of guilty or nolo contendere to an offense disqualifies the applicant from employment or a referral. The state board may determine which offenses require consideration of the factors. (j) Requirements for home care placement agencies to retain their records for a length of time determined by the state board to be available for inspection by the department pursuant to section 25-27.5-106 (2)(a)(III); and (k) Fees for the registration of home care placement agencies to cover the direct and indirect costs associated with implementing the department's oversight of home care placement agencies. (1.5) To the extent the state board rules adopted pursuant to subsection (1) of this section address supervision requirements for home care agencies, the rules must allow for supervision in person or by telemedicine or telehealth. Any rules adopted by the state board pursuant to this subsection (1.5) shall be in conformity with applicable federal law and must take into consideration the appropriateness, suitability, and necessity of the method of supervision permitted. (2) Rules promulgated by the state board are subject to judicial review in accordance with the requirements of section 24-4-106, C.R.S. (3) There is hereby established a home care advisory committee, which shall make recommendations to the department and the state board concerning the rules promulgated pursuant to this article 27.5 and implementation of the licensing of home care agencies. The executive director of the department shall appoint the members of the advisory committee. The advisory committee must, at a minimum, include representatives from skilled home health services agencies, personal care services agencies, members of the disabled community who are home care consumers, seniors or representatives of seniors who are home care consumers, providers of medicaid services, providers of in-home support services, representatives of home care placement agencies, and representatives of the departments of health care policy and financing and human services. Members of the advisory committee serve at the pleasure of the appointing authority on a voluntary basis without compensation. (4) The department shall regulate a provider of PACE home care services for minimum standards for the operation of home care agencies as follows: f home care placement agencies, and representatives of the departments of health care policy and financing and human services. Members of the advisory committee serve at the pleasure of the appointing authority on a voluntary basis without compensation. (4) The department shall regulate a provider of PACE home care services for minimum standards for the operation of home care agencies as follows: (a) For a PACE provider that serves only medicaid or medicare clients, if a full federal recertification survey required by the department of health care policy and financing is conducted at least every three years, the department shall accept the federal recertification survey in lieu of a separate survey for relicensure; (b) The department shall not impose any requirement on a PACE provider that is more stringent than the federal and state medicaid PACE regulations, the three-way agreement entered into by the provider, CMS, and the department of health care policy and financing, and the PACE provider's policies and procedures; (c) In reviewing a PACE provider's compliance with home care licensure, the department shall coordinate with the department of health care policy and financing regarding both license and certification requirements to ensure that the departments' similar regulations are congruently met; (d) At the time that a PACE provider enrolls a PACE participant in a PACE program, the PACE provider shall give the client the department's contact information in writing to allow the client to report any complaints that may arise out of the client's PACE home care services. The department shall undertake any investigation arising from a complaint, other than a complaint alleging matters that are outside of the department's licensing authority. (e) Under the department's licensing authority, the department has complete authority to enforce all home care requirements applicable to a PACE provider. If the department is unable to take corrective action congruently with the department of health care policy and financing, the department shall forward the proposed corrective action to and consult with the department of health care policy and financing before taking final action against a PACE provider.

C.R.S. § 25-27.5-105 Home care agency cash fund - created

25-27.5-105. Home care agency cash fund - created. The department shall transmit the fees collected pursuant to section 25-27.5-104 (1) to the state treasurer, who shall credit the fees to the home care agency cash fund, which fund is hereby created. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the department in performing its duties under this article 27.5. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and must not be credited or transferred to the general fund or any other fund.

C.R.S. § 25-27.5-106 License or registration - application - inspection - issuance - rules

25-27.5-106. License or registration - application - inspection - issuance - rules. (1) A person applying for a home care agency license or a home care placement agency registration shall submit an application to the department annually upon a form and in a manner prescribed by the department. (2) (a) (I) The department shall investigate and review each original application and each renewal application for a home care agency license or home care placement agency registration. The department shall determine an applicant's compliance with this article and the rules adopted pursuant to section 25-27.5-104 before the department issues a license or registration. (II) The department shall make inspections as it deems necessary to ensure that the health, safety, and welfare of the home care agency's or home care placement agency's home care consumers are being protected. Inspections of a home care consumer's home are subject to the consent of the home care consumer to access the property. The home care agency or home care placement agency shall submit in writing, in a form prescribed by the department, a plan detailing the measures that will be taken to correct any violations found by the department as a result of inspections undertaken pursuant to this subsection (2). (III) The department may inspect, as it deems necessary, a home care placement agency's records on weekdays between 9 a.m. and 5 p.m. to ensure that the home care placement agency is in compliance with the criminal history record check, general liability insurance, and disclosure requirements set forth in sections 25-27.5-103 (2)(b), 25-27.5-104 (1)(c) and (1)(h), and 25-27.5-107. (a.5) Repealed. (b) The department shall keep all medical information or documents obtained during an inspection or investigation of a home care agency, home care placement agency, or home care consumer's home confidential. All records, information, or documents so obtained are exempt from disclosure pursuant to sections 24-72-204, C.R.S., and 25-1-124. (3) (a) With the submission of an application for a license or registration granted pursuant to this article 27.5 or within ten days after a change in the owner, manager, or administrator, each owner of a home care agency or home care placement agency and each manager or administrator of a home care agency or home care placement agency must submit a complete set of the person's fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Each owner and each manager or administrator is responsible for paying the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the department. (a.5) When the results of a fingerprint-based criminal history record check of a person performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). ed criminal history record check, the bureau shall forward the results to the department. (a.5) When the results of a fingerprint-based criminal history record check of a person performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). (b) The department shall use the information from the record check in ascertaining whether the person applying for licensure or registration has been convicted of a felony or of a misdemeanor, which felony or misdemeanor involves conduct that the department determines could pose a risk to the health, safety, or welfare of home care consumers of the home care agency or home care placement agency. The department shall maintain information obtained in accordance with this section. (4) The department shall not issue a license or registration if the owner, manager, or administrator of the home care agency or home care placement agency has been convicted of a felony or of a misdemeanor, which felony or misdemeanor involves conduct that the department determines could pose a risk to the health, safety, or welfare of the home care consumers of the home care agency or home care placement agency. (5) Except as otherwise provided in subsections (6) and (7) of this section, the department shall issue or renew a license or registration when it is satisfied that the applicant, licensee, or registrant is in compliance with the requirements set out in this article and the rules promulgated pursuant to this article. Except for provisional licenses issued in accordance with subsections (6) and (7) of this section, a license or registration issued or renewed pursuant to this section expires one year after the date of issuance or renewal. (6) The department may issue a provisional license to an applicant for the purpose of operating a home care agency for a period of ninety days if the applicant is temporarily unable to conform to all of the minimum standards required under this article 27.5; except that no license shall be issued to an applicant if the operation of the applicant's home care agency will adversely affect the health, safety, or welfare of the home care consumers of such home care agency. As a condition of obtaining a provisional license, the applicant shall show proof to the department that attempts are being made to conform and comply with applicable standards. No provisional license shall be granted prior to the completion of a background check in accordance with subsection (3) of this section and a finding in accordance with subsection (4) of this section. A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance. (7) If requested by the Colorado department of health care policy and financing, the department may issue a provisional license for a period of ninety days to an agency that has applied to be a certified home care agency as defined in section 25-27.5-102. A provisional license shall not be granted prior to the completion of a record check in accordance with subsection (3) of this section and a finding in accordance with subsection (4) of this section. A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance.

C.R.S. § 25-27.5-107 Employee or referred service provider criminal history record check - rules

25-27.5-107. Employee or referred service provider criminal history record check - rules. The home care agency or home care placement agency shall require a person seeking employment or placement to submit to a criminal history record check before employment or referral to a consumer. The home care agency or home care placement agency or the person seeking employment with the home care agency shall pay the costs of the criminal history record check. The criminal history record check shall be conducted not more than ninety days before the employment or placement of the applicant.

C.R.S. § 25-27.5-108 License or registration denial - suspension - revocation

25-27.5-108. License or registration denial - suspension - revocation. (1) Upon denial of an application for an original license or registration, the department shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on his or her application. Any applicant aggrieved by the denial may pursue the remedy for review provided in article 4 of title 24, C.R.S., if the applicant, within thirty days after receiving the notice of denial, petitions the department to set a date and place for hearing, affording the applicant an opportunity to be heard in person or by counsel. All hearings on the denial of original licenses or registrations must be conducted in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S. (2) (a) The department may suspend, revoke, or refuse to renew the license or registration of a home care agency or home care placement agency that is out of compliance with the requirements of this article or the rules promulgated pursuant to this article. Before taking final action to suspend, revoke, or refuse to renew a license or registration, the department shall conduct a hearing on the matter in conformance with the provisions and procedures specified in article 4 of title 24, C.R.S.; except that the department may implement a summary suspension prior to a hearing in accordance with article 4 of title 24, C.R.S. If the department suspends, revokes, or refuses to renew a home care placement agency registration, the department shall remove the home care placement agency from the registry maintained by the department pursuant to section 25-27.5-103 (2)(a)(I). (b) (I) The department may impose intermediate restrictions or conditions on a licensed home care agency or registered home care placement agency that may include at least one of the following: (A) Retaining a consultant to address corrective measures; (B) Monitoring by the department for a specific period; (C) Providing additional training to employees, owners, or operators of the home care agency or home care placement agency; (D) Complying with a directed written plan to correct the violation; or (E) Paying a civil fine not to exceed ten thousand dollars per calendar year for all violations. (II) (A) If the department imposes an intermediate restriction or condition that is not a result of a serious and immediate threat to health or welfare, the department shall provide written notice of the restriction or condition to the licensed home care agency or registered home care placement agency. No later than ten days after the date the notice is received from the department, the licensed home care agency or registered home care placement agency shall submit a written plan that includes the time frame for completing the plan and addresses the restriction or condition specified. (B) If the department imposes an intermediate restriction or condition that is the result of a serious and immediate threat to health, safety, or welfare, the department shall notify the licensed home care agency or registered home care placement agency in writing, by telephone, or in person during an on-site visit. The licensed home care agency or registered home care placement agency shall remedy the circumstances creating harm or potential harm immediately upon receiving notice of the restriction or condition. If the department provides notice of a restriction or condition by telephone or in person, the department shall send written confirmation of the restriction or condition to the licensed home care agency or registered home care placement agency within two business days. (III) (A) After submission of an approved written plan, a licensed home care agency or registered home care placement agency may first appeal any intermediate restriction or condition on its license or registration to the department through an informal review process as established by the department. the licensed home care agency or registered home care placement agency within two business days. (III) (A) After submission of an approved written plan, a licensed home care agency or registered home care placement agency may first appeal any intermediate restriction or condition on its license or registration to the department through an informal review process as established by the department. (B) If the restriction or condition requires payment of a civil fine, the licensed home care agency or registered home care placement agency may request, and the department shall grant, a stay in payment of the fine until final disposition of the restriction or condition. (C) If a licensed home care agency or registered home care placement agency is not satisfied with the result of the informal review or chooses not to seek informal review, the department shall not impose an intermediate restriction or condition on the licensed home care agency or registered home care placement agency until after the licensed home care agency or registered home care placement agency is afforded an opportunity for a hearing pursuant to section 24-4-105, C.R.S. (IV) If the department assesses a civil fine pursuant to this subsection (2)(b), the department shall transmit the fines to the state treasurer, who shall credit the fines to the general fund. (V) Repealed. (3) The department shall revoke or refuse to renew the license of a home care agency or the registration of a home care placement agency where the owner, licensee, or registrant has been convicted of a felony or misdemeanor involving conduct that the department determines could pose a risk to the health, safety, or welfare of the home care consumers of the home care agency or home care placement agency. The department may revoke or refuse to renew a license or registration only after conducting a hearing on the matter in accordance with article 4 of title 24, C.R.S.

C.R.S. § 25-27.5-109 Enforcement

25-27.5-109. Enforcement. The department is responsible for the enforcement of this article and the rules adopted pursuant to this article.

C.R.S. § 25-27.5-110 Repeal of article - sunset review

25-27.5-110. Repeal of article - sunset review. (1) This article 27.5 is repealed, effective September 1, 2028. (2) Before repeal, the department of regulatory agencies shall review the licensing of home care agencies and the registering of home care placement agencies as provided in section 24-34-104, C.R.S. In conducting its review and compiling its report pursuant to section 24-34-104 (5), C.R.S., the department of regulatory agencies shall segregate the data in the report based on the type of agency, specifying whether the agency is: (a) A home care agency that provides skilled home health services; (b) A home care agency that only provides personal care services; or (c) A home care placement agency.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-25.docxFetched: 10/6/2026

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