C.R.S.
Section 25.5-6-409
Services for persons with intellectual and developmental disabilities
(1)
A program to provide home- and community-based services to persons with intellectual and developmental disabilities who are in need of the level of care available in an intermediate care facility for individuals with intellectual disabilities is hereby established pursuant to the federal “Social Security Act”, as amended. This program shall provide for the social, habilitative, remedial, residential, health, and other needs of persons with intellectual and developmental disabilities to avoid placement in an intermediate care facility for individuals with intellectual disabilities.(2)
[Editor’s note:(2)
[Editor’s note:(3)
The plan shall utilize existing community-based services programs to the maximum extent possible and shall coordinate all available forms of assistance for the eligible person.(4)
Any services for persons with intellectual and developmental disabilities provided through this program shall be set forth in a plan of care developed and managed by a community-centered board and subject to review and approval pursuant to section 25.5-6-404. The plan of care shall:(a)
Be based on the particular services needs of the eligible person;(b)
Describe the services necessary to avoid institutionalization; and(c)
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Include a process by which the person who is receiving services may receive necessary care for medical purposes, which may include respite care, if the person’s service provider is unavailable due to an emergency situation or to unforeseen circumstances. The person who is receiving services and the person’s family or guardian shall be duly informed by the community centered board of these alternative care provisions at the time the plan of care is initiated.(II)
Nothing in this paragraph (c) requires a community centered board to provide services set forth in a plan of care that the community centered board is not otherwise required to provide to the person receiving services, only that the plan of care include a contingency for such services.(d)
This subsection (4) is repealed, effective July 1, 2024.(5)
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No later than January 2024, the state department shall submit a report to the senate health and human services committee, the house of representatives public and behavioral health and human services committee, and the house of representatives health and insurance committee, or any successor committees, as part of its “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” presentation required by section 2-7-203. At a minimum, the report must identify:(I)
A reimbursement system with a goal to incentivize and increase transportation provider participation;(II)
How the state department will ensure compliance with applicable federal laws and waiver requirements;(III)
A system of common reporting to ensure a recipient does not exceed the medicaid benefit in a multi-provider scenario; and(IV)
Best practices based on what other states have done to allow transportation network companies to provide nonmedical transportation services for individuals receiving services, including but not limited to, reimbursement rates; driver compensation; and integration with programs that provide nonmedical transportation services.(b)
In developing the report, the state department shall engage in a stakeholder process that includes individuals with intellectual and developmental disabilities and their families, individuals with disabilities, and transportation network companies. The report may be developed in conjunction with the reporting requirement in sections 25.5-6-307 (6), 25.5-6-606 (9), 25.5-6-704 (8), and 25.5-6-1303 (9).(c)
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Upon completion of the report described in subsection (5)(a) of this section, the state department shall analyze and review each operational transportation network company, as defined in section 40-10.1-602 (3). The state department shall verify each transportation network company’s viability to ensure the health, safety, welfare, cost effectiveness, and capability in expanding nonmedical transportation services for individuals receiving services pursuant to this section and comply with all rules promulgated pursuant to subsection (5)(e)(I) of this section.(II)
No later than July 1, 2024, the state department shall authorize verified transportation network companies to provide nonmedical transportation services if the state department finds the transportation network company viable under federal requirements and within budgetary constraints.(III)
For the purposes of this subsection (5)(c), “verify” means a transportation network company meets all requirements resulting from the report described in subsection (5)(a) of this section.(d)
The state department may seek any necessary federal authorization for the implementation of this subsection (5).(e)
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The state department shall promulgate any necessary rules to ensure transportation network companies comply with federal and state oversight requirements and shall include all relevant stakeholders, including medicaid recipients, transportation network companies, current providers and drivers for nonmedical transportation services, and other interested parties in the development of such requirements.(II)
Pursuant to section 40-10.1-105 (1)(l), transportation network companies are not subject to regulation by the public utilities commission when providing nonmedical transportation services pursuant to this section and are instead subject to rules promulgated by the state department pursuant to this subsection (5)(e).(f)
This subsection (5) does not apply to a provider authorized to provide transportation services pursuant to part 8 of article 1 of title 25.5 prior to August 10, 2022.
Source:
Section 25.5-6-409 — Services for persons with intellectual and developmental disabilities, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-25.5.pdf (accessed Oct. 20, 2023).
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