HB 1147 — Host Home for People with Intellectual & Developmental Disabilities

SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0414.01This Chelseabill Princellhas x4335been HOUSEprepared BILLfor 26-1147the HOUSEsignatures SPONSORSHIPof Brownthe andappropriate Boesenecker,legislative Bacon,officers Camacho,and Clifford,the Duran,Governor. English, Froelich, Jackson, Lieder, Lindsay, Marshall, McCormick, Nguyen, Ricks, Rutinel, Stewart R., Titone, Zokaie SENATE SPONSORSHIP Cutter, Gonzales J., Jodeh, Kipp i a 6 E e 0 T d , N 3 1 E d y S d a House Committees Senate Committees e M Health & Human Services Health & Human Services m Appropriations Appropriations A e A BILL FOR AN ACT n m 2 C ONCERNINGPROCESSESRELATEDTOHOSTHOMESFOR INDIVIDUALS T n 2 N U 8 WITHINTELLECTUALANDDEVELOPMENTALDISABILITIES ,AND , E i a S a M IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .

RTo ndetermine Billwhether Summarythe eGovernor (Note:has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

ThisHOUSE summaryBILL applies26-1147 toBY thisREPRESENTATIVE(S) billBrown as introduced and doesBoesenecker, nBacon, notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillCamacho, mClifford, 2Duran, EEnglish, nFroelich, 2Jackson, passesLieder, thirdLindsay, readingMarshall, inMcCormick,Nguyen,Ricks,Rutinel,StewartR.,Titone,Zokaie,Hamrick, theLukens, houseSirota, ofSmith, introduction,McCluskie; a bill summary that U U 0 applies to the reengrossed version of this bill will be available at O i l H a p http://leg.colorado.gov.) R A r The bill requires the department of health care policy and financing (HCPF) to establish and the department of public health and environment (CDPHE) to utilize risk criteria to identify certain service g agencies to survey.

dalso 6SENATOR(S) ECutter, eGonzales 0J., TheJodeh, billKipp. requires CDPHE to prioritize surveys at service agencies S R , U d 2 H 2 r Shading denotes HOUSE amendment.

DoubleC underliningONCERNING denotesPROCESSES SENATERELATED amendment.TO HOST HOMES FOR INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES , AND , IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .

e Ap Capital letters or bold & italic numbers indicate new material to be added to existing law.n Dashes through the words or numbers indicate deletions from existing law.

e A that have a higher risk rating based on the risk criteria established by HCPF.

The bill requires HCPF to establish a statewide database containing information about host homes and their associated service agencies.

The database must be made available and accessible by host home providers, service agencies, and CDPHE and must be made available for viewing by the public.

The bill requires HCPF to make a complaint form publicly available on its website for use by the public and requires the website to allow a person to submit a complaint electronically.

The bill requires HCPF to establish a process for tracking the status of each complaint filed and any records associated with that complaint.

SECTION1.SECTION 1.

Legislativedeclaration.(1)Legislative Thegeneralassemblydeclaration. finds and declares that:

(a)(1) WithinThe thegeneral continuumassembly offinds individual residential services and supportsdeclares settings,that: host homes are a specific type of supported living arrangement in which an individual with intellectual and developmental disabilitiesresidesintheprivateresidenceofahosthomeproviderwhose home is under contract with a service provider agency to deliver individual residential services and supports;

(a) Within the continuum of individual residential services and supports settings, host homes are a specific type of supported living arrangement in which an individual with intellectual and developmental disabilities resides in the private residence of a host home provider whose home is under contractwithaserviceprovider agencyto deliver individual residential services and supports;

________ Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletions from existing law and such material is not part of the act.

(c) Individual residential services and supports are home- and community-based service benefits available under the home- and community-basedcommunity-basedserviceswaiveradministeredbytheColoradodepartment services waiver administered by the Colorado department of health care policy and financing;

(d) Individual residential services and supports are designed to ensure that individuals with intellectual and developmental disabilities receive residential supports that promote individualized guidance, -2-habilitation, 1147community habilitation,communityinclusion,andhealthandsafetyinhomesettings;inclusion, and health and safety in home settings;

(e) Individual residential services and supports include a varietyvarietyof ofresidential residentialarrangements,includingserviceprovideragency-ownedorarrangements, including service provider agency-owned or leased homes and host homes, among other arrangements, to meet the unique needs and preferences of participants;

(f) The diversity of individual residential services and supports settings, including host homes and other residential options, reflects the state's commitment to person-centered choice, integration in community life,life,andcompliancewiththefederalhome-andcommunity-basedservices and compliance with the federal home- and community-based services rules that prohibit institutionalizationandinstitutionalization and support community-based placement;

(g) While individual residential services and supports settings, includinghosthomes,currentlyoperateunderregulatoryoversight,thereincluding arehost identifiedhomes, needscurrently operate under regulatory oversight, there areidentifiedneedsforenhancedtracking,monitoring,andcoordinationto ensureconsistentcompliancewithhealth,safety,andqualitystandardsand to provide appropriate protections for enhancedparticipants tracking,monitoring,andcoordinationacross toensureconsistentcompliancewithhealth,safety,andqualitystandardsall andtoprovideappropriateprotectionsforparticipantsacrossallsettings;settings;

(h) Further, the Colorado department of health care policy and financing must allow for appropriate parties to accessaccessrelevant relevant information in order to enable a more informed choice byparticipantsby participants or potential participants and their families, advocates, and other interested parties;

(i) TheTheColoradodepartmentofhealthcarepolicyandfinancingand ColoradotheColoradodepartmentofpublichealthandenvironmentmustcoordinate departmentto ofestablish healthstandardized carerequirements policyfor and financing and the Coloradooversight department of publichost health and environment must coordinatetoestablishstandardizedrequirementsfortheoversightofhost homes and other individual residential services and supports settings, includinginspectionfrequency,reportingmechanisms,datasharing,andincluding PAGE 2-HOUSE BILL 26-1147 inspection frequency, reporting mechanisms, data sharing, and corrective action processes where appropriate;

and -3- 1147 (j) ThisThiscoordinatedoversightframeworkisnecessarytostrengthen coordinated oversight framework is necessary to strengthen accountability, ensure health and safety outcomes for home- and community-based services waiver participants, support compliance with state and federal home- and community-based services rules, and promote transparency for individuals, families, providers, and stakeholders.

In Colorado Revised Statutes, add 25.5-6-41425.5-6-415 as follows:

25.5-6-414.25.5-6-415.Individualresidentialservicesandsupportssettings forpersonswithintellectualanddevelopmentaldisabilities-statewide database - risk criteria - complaint process - rules - definitions.

Individual(1) residentialA servicesS andUSED supportsIN settingsTHIS forSECTION,UNLESS personsTHE withCONTEXT intellectualOTHERWISE andREQUIRES developmental: disabilities - statewide database - risk criteria - complaint process - rules - definitions.

(1)(a) AS"IDIVIDUALRESIDENTIALSERVICESANDSUPPORTS USED" INMEANSTHE THISRESIDENTIAL SECTI,UNLESSSERVICES THEPROVIDED CONTEXTBY OTHERWISEA REQUIRES:SERVICE PROVIDER AGENCY TO NO MORE THAN THREE INDIVIDUALS WITHIN ONE RESIDENCE .

(a)(b) "NDIVIDUAL"INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORT"MEANSSUPPORTS THERESIDENTIALSERVICESPROVIDEDBYASERVICEPROVIDERAGENCYTOSETTING " MEANS A COMMUNITY LIVING RESIDENTIAL SETTING IN WHICH INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS ARE PROVIDED TO NO MORE THAN THREE INDIVIDUALSPERSONS WITHINWITH ONEINTELLECTUAL RESIDENC.AND DEVELOPMENTAL DISABILITIES AND FOR WHICH A STATE LICENSE IS NOT REQUIRED .

(b) "NDIVIDUALRESIDENTIALSERVICESANDSUPPORTS SETTING " MEANSACOMMUNITYLIVINGRESIDENTIALSETTINGINWHICHINDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS ARE PROVIDED TO NO MORE THAN THREEPERSONSWITHINTELLECTUALANDDEVELOPMENTALDISABILITIES AND FOR WHICH A STATE LICENSE IS NOT REQUIR.D (c) "SERVICE PROVIDER AGENCY "MEANS" MEANS AN ORGANIZATION APPROVED BY THE STATE DEPARTMENT TO PROVIDE OVERSIGHT AND SUPPORTSUPPORTTOANINDIVIDUALRESIDENTIALSERVICESANDSUPPORTSSETTING TO AN INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS SETTING TO ENSURE THAT THE CAREGIVERSMEETCAREGIVERS MEET STATE STANDARDS FOR HEALTH ,SAFETY,AND, SAFETY ,AND QUALITY OF CARE.CARE .

-4- 1147 (2) (a) HETHE STATE DEPARTMENT SHALL ESTABLISH A STATEWIDE DATABASETOENHANCETHETRANSPARENCYOFDATABASE CTO OLORADOENHANCE SINDIVIDUALTHE TRANSPARENCY OF COLORADO 'S INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS NETWORK .

THE PURPOSE OF THE STATEWIDE DATABASE IS TO PROVIDE ACCURATE INFORMATION ABOUT CERTAININDIVIDUALRESIDENTIALSERVICESANDSUPPORTSSETTINGSANDCERTAIN INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS SETTINGS AND PAGE 3-HOUSE BILL 26-1147 THEIR ASSOCIATED SERVICE PROVIDER AGENCIES.

(b) THE DATABASE IS FOR USE BY THE STATE DEPARTMENT,THEDEPARTMENT ,THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ,,AND AND SERVICE PROVIDER AGENCIES .

(c) THE DATABASE MUST INCLUDE INFORMATION ON INDIVIDUAL RESIDENTIALSERVICESANDSUPPORTSSETTINGSRESIDENTIAL .THESTATEDEPARTMENTSERVICES AND SUPPORTS SETTINGST HE STATE DEPARTMENT SHALL DETERMINE WHAT INFORMATION MUST BE COLLECTED ON EACH INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS SETTING TYPE FOR INCLUSION IN THE DATABASE.DATABASE .

AT A MINIMUM,EACHMINIMUM, EACH SERVICE PROVIDER AGENCYMUSTSUBMITTHEFOLLOWINGINFORMATIONFOREACHCOVEREDAGENCY MUST SUBMIT THE FOLLOWING INFORMATION FOR EACH COVERED INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS SETTING THAT THE SERVICE PROVIDER AGENCY OVERSEES :

(I) THE NAME AND CONTACT INFORMATION OF THE INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS SETTIN,IFSETTINGIF APPLICABL;APPLICABLE;

(II) HEADDRESSANDLOCATIONOFTHEINDIVIDUALRESIDENTIALTE ADDRESS AND LOCATION OF THE INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS SETTING;

(III) HETHE NAME OF EACH SERVICE PROVIDER AGENCY THAT THE INDIVIDUALRESIDENTIALSERVICESANDSUPPORTSSETTINGISCURRENTLYINDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS SETTING IS CURRENTLY ASSOCIATED WITH AND THE SERVICE PROVIDER AGENCY S CONTACT INFORMATION ;AND (IV) W HEN APPLICABLE,THEAPPLICABLE ,THE NAME OF EACH SERVICE PROVIDER AGENCY THAT THE INDIVIDUAL RESIDENTIAL SERVICES AND SUPPORTS -5- 1147 SETTING CONTRACTED WITH IN THE PREVIOUS FIVE YEARS AND EACH SERVICE PROVIDER AGENCY 'SS CONTACT INFORMATION.INFORMATION .