10 Colo. Code Regs. § 2505-10-8.484.1
Current through Register Vol. 47, No. 11, June 10, 2024
Section 10 CCR 2505-10-8.484.1 - STATEMENT OF PURPOSE, SCOPE, AND ENFORCEMENT8.484.1.A The purpose of this Section 8.484 is to implement the requirements of the federal Home- and Community-Based Services (HCBS) Settings Final Rule, 79 Fed. Reg. 2947 (2014), codified at 42 C.F.R. § 441.301(c)(4). These rules identify individual rights that are protected at settings where people live or receive HCBS. They also set out a process for modifying these rights as warranted in individual cases. These rules apply to all HCBS under all authorities, except where otherwise noted.8.484.1.B This Section 8.484 is enforced pursuant to existing procedures, subject to the following transition period and corrective action plan (CAP) exceptions: 1. The following settings were presumed compliant during the transition period and remain covered by this presumption until March 17, 2023: a. Residential settings owned or leased by individuals receiving HCBS or their families (personal homes);b. Professional provider offices and clinics;c. Settings where children receive Community Connector services under the Children's Extensive Supports (CES) Waiver; andd. Settings where people receive individual Supported Employment services.2. Any setting for which a Provider Transition Plan (PTP) has been submitted by December 30, 2021 may continue to transition toward compliance according to the schedule set forth in the PTP. This exception is to be narrowly construed and does not apply to other situations, such as, by way of illustration only, non-compliance: a. At case management agencies;b. At a setting for which a PTP was not submitted by December 30, 2021 for any reason;c. At a setting after the applicable deadline in the setting's PTP, with the deadline being (i) three months after the PTP was submitted unless adjusted with departmental approval and (ii) in no event after March 17, 2023, or March 17, 2024 for settings that have received departmental approval for an extension pursuant to the CAP; ord. Involving compliance issues that have been verified as resolved through the PTP process and therefore no longer subject to transition.44 CR 23, December 10, 2021, effective 1/10/202246 CR 03, February 10, 2022, effective 3/15/2023