10 Colo. Code Regs. § 2505-10-8.508

Current through Register Vol. 47, No. 16, August 25, 2024
Section 10 CCR 2505-10-8.508 - [Effective until 9/14/2024] CHILDREN'S HABILITATION RESIDENTIAL PROGRAM
8.508.10LEGAL BASIS

The Home and Community based Services- Children's Habilitation Residential Program (HCBS-CHRP) is authorized by waiver of the amount, duration, and scope of services requirements contained in Section 1902(a)(10)(B) of the Social Security Act, 42 U.S.C. § 1396a. The waiver is granted by the United States Department of Health and Human Services under Section 1915(c) of the Social Security Act, 42 U.S.C. § 1396n.

8.508.20DEFINITIONS
A. Abuse: As defined at § 16-22-102(9) C.R.S., § 19-1-103, C.R.S., § 25.5-10-202(1) (a) -(c), C.R.S., and § 26.3.1-101 C.R.S.
B. Adverse Action: A denial, reduction, termination, or suspension from a Long-Term Services and Supports (LTSS) program or service.
C. Applicant: A child or youth who is seeking a Long-Term Care eligibility determination and who has not affirmatively declined to apply for Medicaid or participate in an assessment.
D. Assessment: As defined in Section 8.390.1 DEFINITIONS.
E. Caretaker: As defined at Section 25.5-10-202 (1.6)(a)-(c), C.R.S.
F. Caretaker neglect: As defined at Section 25.5-10-202 (1.8)(a)-(c), C.R.S.
G. Case Management Agency (CMA): A public or private not-for-profit for-profit agency that meets all applicable state and federal requirements and is certified by the Department to provide case management services for Home and Community-based Services waivers pursuant to sections 25.5-10-209.5 C.R.S. and pursuant to a provider participation agreement with the state department.
H. Child Placement Agency: As defined at 12 CCR 2509-8; Section 7.701.2 (F).
I. Client: A child or youth who meets long-term services and supports eligibility requirements and has been approved for and agreed to receive Home and Community-based Services (HCBS)
J. Client Representative: A person who is designated to act on the Client's behalf. A Client Representative may be:
(a) a legal representative including, but not limited to a court-appointed guardian, or a parent of a minor child; or
(b) an individual, family member or friend selected by the Client to speak for an/or act on the Client's behalf.
K. Community Centered Board: A private corporation, for-profit or not-for-profit that is designated pursuant to Section 25.5-10-209, C.R.S., responsible for, but not limited to conducting Developmental Disability determinations, waiting list management Level of Care Evaluations for Home and Community-based Service waivers specific to individuals with intellectual and developmental disabilities, and management of state funded programs for individuals with intellectual and developmental disabilities.
L. Complex Behavior: Behavior that occurs related to a diagnosis by a licensed physician, psychiatrist, or psychologist that includes one or more substantial disorders of the cognitive, volitional or emotional process that grossly impairs judgment or capacity to recognize reality or to control behavior.
M. Complex Medical Needs: Needs that occur as a result of a chronic medical condition as diagnosed by a licensed physician that has lasted or is expected to last at least twelve (12) months, requires skilled care, and that without intervention may result in a severely life altering condition.
N. Cost Containment: Limiting the cost of providing care in the community to less than or equal to the cost of providing care in an institutional setting based on the average aggregate amount. The cost of providing care in the community shall include the cost of providing Home and Community-based Services, and Medicaid State Plan benefits including long- term home health services and targeted case management.
O. Criminal Activity: A criminal offense that is committed by a person; a violation of parole or probation; and any criminal offense that is committed by a person receiving services that results in immediate incarceration.
P. Crisis: An event, series of events, and/or state of being greater than normal severity for the Client and/or family that becomes outside the manageable range for the Client and/or their family and poses a danger to self, family, and/or the community. Crisis may be self-identified, family identified, and/or identified by an outside party.
Q. Critical Incident: Incidents of Mistreatment; Abuse; Neglect; Exploitation, Criminal Activity; Damage to Client's Property/Theft; Death unexpected or expected; Injury/Illness to Client; Medication Mismanagement; Missing Person; Unsafe Housing/Displacement; and/or Other Serious Issues.
R. Department: The Colorado Department of Health Care Policy and Financing the single state Medicaid agency.
S. Damage to Client's Property/Theft: Deliberate damage, destruction, theft or use a Client's belongings or money. If the incident involves Mistreatment by a Caretaker that results in damage tor Client's property or theft in the incident shall be listed as Mistreatment.

Developmental Delay: A child who is:

1. Birth up to age five (5) and has a developmental delay defined as the existence of at least one of the following measurements:
i. Equivalence of twenty-five percent (25%) or greater delay in one (1) or more of the five domains of development when compared with chronological age;
ii. Equivalence of 1.5 standard deviations or more below the mean in one (1) or more of the five domains of development;
iii. Has an established condition defined as a diagnosed physical or mental condition that, as determined by a qualified health professional utilizing appropriate diagnostic methods and procedures, has a high probability of resulting in significant delays in development, or
2. Birth up to age three (3) who lives with a parent who has been determined to have a developmental disability by a CCB.
T. Early and Periodic Screening Diagnosis and Treatment (EPSDT): As defined in Section 8.280.1.
U. Exploitation: As defined in Sections 25.5-10-202 (15.5)(a)-(d) and 26.3.1-101 C.R.S.
V. Extraordinary Needs: A level of care due to Complex Behavior and/or Medical Support Needs that is provided in a residential child care facility or that is provided through community-based programs, and without such care, would place a child at risk of unwarranted child welfare involvement or other system involvement.
W. Family: As defined at Section 25.5-10-202(16)(a)(I) -(IV)(b), C.R.S.
X. Foster Care Home: A family care home providing 24-hour care for a child or children and certified by either a County Department of Social/Human Services or a child placement agency. A Foster Care Home, for the purposes of this waiver, shall not include a family member as defined in Section 25.10-202 (16)(a)(I)-(IV)(b), C.R.S.
Y. Guardian: An individual at least twenty-one years of age, resident or non-resident, who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a court. Guardianship may include a limited, emergency, and temporary substitute court appointed guardian but not guardian ad litem.
Z.. Guardian ad litem or GAL: A person appointed by a court to act in the best interests of a child involved in a proceeding under Title 19, C.R.S., or the "School Attendance Law of 1963", set forth in Article 33 of Title 22, C.R.S.
AA. Harmful Act: as defined at Section 25.5-10-202 (18.5) and 26.3.1-101 C.R.S.
BB. Home and Community-based Services (HCBS) Waivers: Services and supports authorized through a 1915 (c) waiver of the Social Security Act and provided in community settings to a Client who requires a level of institutional care that would otherwise be provided in a hospital, nursing facility or intermediate care facility for individuals with intellectual disabilities (ICF-IID).
CC. Increased Risk Factors: Situations or events that when occur at a certain frequency or pattern historically have led to Crisis.
DD. Informed Consent: An assent that is expressed in writing, freely given, and preceded by the following:
1. A fair explanation of the procedures to be followed, including an identification of those which are experimental;
2. A description of the attendant discomforts and risks;
3. A description of the expected benefits;
4. A disclosure of appropriate alternative procedures together with an explanation of the respective benefits, discomforts and risks;
5. An offer to answer any inquiries regarding the procedure(s);
6. An instruction that the person giving consent is free to withdraw such consent and discontinue participation in the project or activity at any time; and,
7. A statement that withholding or withdrawal of consent shall not prejudice future availability of services and supports.
EE. Injury/Illness to Client: An injury or illness that requires treatment beyond first aid which includes lacerations requiring stitches or staples, fractures, dislocations, loss of limb, serious burns, and skin wounds; an injury or illness requiring immediate emergency medical treatment to preserve life or limb; an emergency medical treatment that results in admission to the hospital; and a psychiatric crisis resulting in unplanned hospitalization.
FF. Institution: A hospital, nursing facility, or ICF-IID for which the Department makes Medicaid payments under the State Plan.
GG. Intellectual and Developmental Disability: A disability that manifests before the person reaches twenty-two (22) years of age, that constitutes a substantial disability to the affected person, and that is attributable to an intellectual and developmental disability or related conditions, including Prader-Willi syndrome, cerebral palsy, epilepsy, autism, or other neurological conditions when the condition or conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual and developmental disability. Unless otherwise specifically stated, the federal definition of "developmental disability" found in 42 U.S.C. sec. 15001 et seq., does not apply.

"Impairment of general intellectual functioning" The person has been determined to have an intellectual quotient equivalent which is two or more standard deviations below the mean (70 or less assuming a scale with a mean of 100 and a standard deviation of 15), as measured by an instrument which is standardized, appropriate to the nature of the person's disability, and administered by a qualified professional. the standard error of measurement of the instrument should be considered when determining the intellectual quotient equivalent. when an individual's general intellectual functioning cannot be measured by a standardized instrument, then the assessment of a qualified professional shall be used.

"Adaptive behavior similar to that of a person with intellectual and developmental disabilities" The person has overall adaptive behavior which is two or more standard deviations below the mean in two or more skill areas (communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work), as measured by an instrument which is standardized, appropriate to the person's living environment, and administered and clinically determined by a qualified professional. These adaptive behavior limitations are a direct result of, or are significantly influenced by, the person's substantial intellectual deficits and may not be attributable to only a physical or sensory impairment or mental illness.

"Substantial intellectual deficits" An intellectual quotient that is between 71 and 75 assuming a scale with a mean of 100 and a standard deviation of 15, as measured by an instrument which is standardized, appropriate to the nature of the person's disability, and administered by a qualified professional. the standard error of measurement of the instrument should be considered when determining the intellectual quotient equivalent.

HH. Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID): A publicly or privately-operated facility that provides health and habilitation services to a Client with intellectual or developmental disabilities or related conditions.
II. Kin: As defined in 12 CCR 2509-1, Section 7.000.2.A.
JJ. Kinship Foster Care Home: As defined in 12 CCR 2509-1, Section 7.000.2.A.
KK. Level of Care (LOC): The specified minimum amount of assistance a Client must require in order to receive services in an institutional setting under the Medicaid State Plan.
LL. Level of Care Eligibility Determination: As defined in Section 8.390.1.
MM. Level of Care Eligibility Determination Screen: As defined in Section 8.390.1.
NN. Licensed Child Care Center (less than 24 hours): As defined in Section 26-6-102(5), C.R.S. and as described in 12 CCR 2509-8; Section 7.701.
OO. Licensed Medical Professional: A physician, physician assistant, registered nurse, and advanced practice nurse. Long-Term Services and Supports (LTSS): The services and supports used by Clients of all ages with functional limitations and chronic illnesses who need assistance to perform routine daily activities such as bathing, dressing, preparing meals, and administering medications.
PP. Medicaid Eligible: The Applicant or Client meets the criteria for Medicaid benefits based on the financial determination and disability determination.
QQ. Medicaid State Plan: The federally approved document that specifies the eligibility groups that a state serves through its Medicaid program, the benefits that the state covers, and how the state addresses additional federal Medicaid statutory requirements concerning the operation of its Medicaid program.
RR. Medication Mis-Management: Issues with medication dosage, scheduling, timing, set-up, compliance and administration or monitoring which results in harm or an adverse effect which necessitates medical care.
SS. Missing Person: A waiver participant is not immediately found, their safety is at serious risk, or there is a risk to public safety.
TT. "Mistreated" or "Mistreatment": As defined at Section 25.5-10-202 (29.5)(a)-(d) and 26.3.1-101.
UU. Natural Supports: Unpaid informal relationships that provide assistance and occur in the Client's everyday life such as, but not limited to, community supports and relationships with family members, friends, co-workers, neighbors and acquaintances.
VV. Other Serious Issues: Incidents that do not fall into one of the Critical Incident categories.
WW. Predictive Risk Factors: Known situations, events, and characteristics that indicate a greater or lesser likelihood of success of Crisis interventions.
XX. Prior Authorization: Approval for an item or service that is obtained in advance either from the Department, a state fiscal agent or the CMA.
YY. Professional: Any person, not including family, performing an occupation that is regulated by the State of Colorado and requires state licensure and/or certification.
ZZ. Professional Medical Information Page (PMIP): as defined in Section 8.390.1 DEFINITIONS.
AAA. Relative: A person related to the Client by blood, marriage, adoption or common law marriage.
BBB. Residential Child Care Facility: As defined in 12 CCR 2509-8, Section 7.705.1.
CCC. Retrospective Review: The Department's review after services and supports are provided to ensure the Client received services according to the PCSP and standards of economy, efficiency and quality of service.
DDD. Separation: The restriction of a Client for a period of time to a designated area from which the is not physically prevented from leaving, for the purpose of providing the Client an opportunity to regain self-control.
EEE. Service Provider: A Specialized Group Facility, Residential Child Care Facility, Foster Care Home, Kinship Foster Care Home, Child Placement Agency, Licensed Child Care Facility (non-24 hours), and/or Medicaid enrolled provider.
FFF. Person-Centered Support Plan (PCSP): Defined in Section 8.390.1 DEFINITIONS.
GGG. Person-Centered Support Planning (PCSP): Defined in Section 8.390.1 DEFINITIONS.
HHH. Specialized Group Facility: As defined in 12 CCR 2509-8; Section 7.701.2(B).
III. Support: Any task performed for the Client where learning is secondary or incidental to the task itself or an adaptation is provided.
JJJ. Support Level: A numeric value determined by the Support Need Level Assessment that places Clients into groups with other Clients who have similar overall support needs.
KKK. Support Need Level Assessment: The standardized assessment tool used to identify and measure the support requirements for HCBS-CHRP waiver participants.
LLL. Targeted Case Management (TCM): Has the same meaning as in Section 8.761.
MMM. Third Party Resources: Services and supports that a Client may receive from a variety of programs and funding sources beyond Natural Supports or Medicaid. This may include, but is not limited to community resources, services provided through private insurance, non-profit services and other government programs.
NNN. Unsafe Housing/Displacement: An individual residing in an unsafe living condition due to a natural event (such as fire or flood) or environmental hazard (such as infestation) and is at risk of eviction or homelessness.
OOO. Waiver Service: Optional services defined in the current federally approved waivers and do not include Medicaid State Plan benefits.
PPP. Wraparound Facilitator: A person who has a bachelor's degree in a human behavioral science or related field of study and is certified in a wraparound training program. Experience working with LTSS populations in a private or public social services agency may substitute for the bachelor's degree on a year for year basis. When using a combination of experience and education to qualify, the education must have a strong emphasis in a human behavioral science field. The wraparound certification must include training in the following:

Trauma informed care.

Youth mental health first aid.

Crisis supports and planning.

Positive Behavior Supports, behavior intervention, and de-escalation techniques.

Cultural and linguistic competency.

Family and youth serving systems.

Family engagement.

Child and adolescent development.

Accessing community resources and services.

Conflict resolution.

Intellectual and developmental disabilities.

Mental health topics and services.

Substance abuse topics and services.

Psychotropic medications.

Motivational interviewing.

Prevention, detection, and reporting of Mistreatment, Abuse, Neglect, and Exploitation.

QQQ. Wraparound Transition Plan: A single plan that incorporates all relevant supports, services, strategies, and goals from other service/treatment plans in place and supports a Client and his or her family, including a transition to the family home after out of home placement.
RRR. Wraparound Plan: A single plan that incorporates all relevant supports, services, strategies, and goals from other service/treatment plans in place and supports a Client and his or her family, including a plan to maintain stabilization, prevent Crisis, and/or for de-escalation of Crisis situations.
SSS. Wraparound Support Team: Case managers, Licensed Medical Professionals, behavioral health professionals, therapeutic support professionals, representatives from education, and other relevant people involved in the support/treating the Client and his or her family.
TTT. Wraparound Transition Team: Case managers, Licensed Medical Professionals, behavioral health professionals, therapeutic support professionals, representatives from education, and other relevant people involved in the support/treating the Client and his or her family.
8.508.30SCOPE OF SERVICES
A. The HCBS-CHRP waiver provides services and supports to eligible children and youth with Intellectual and Developmental Disability, and who are at risk of institutionalization pursuant to 25.5-6-903, C.R.S. The services provided through this waiver serve as an alternative to ICF/IID placement for children from birth to twenty-one years (21) of age who meet the eligibility criteria and the Level of Care as determined by a Level of Care Evaluation and Determination. The services provided through the HCBS-CHRP waiver are limited to:
1. Habilitation
2. Hippotherapy
3. Intensive Support
4. Massage Therapy
5. Movement Therapy
6. Respite
7. Supported Community Connection
8. Transition Support
B. HCBS-CHRP waiver services shall be provided in accordance with these rules and regulations.
8.508.40ELIGIBILITY
A. Services shall be provided to Clients with an Intellectual and Developmental Disability who meet all of the following eligibility requirements:
1. A determination of developmental disability by a CCB which includes developmental delay if under five (5) years of age.
2. The Client has Extraordinary Needs that put the Client at risk of, or in need of, out of home placement.
3. Meet ICF-IID Level of Care as determined by a LOC Screen.
4. The income of the Client does not exceed 300% of the current maximum SSI standard maintenance allowance.
5. Enrollment of the Client in the HCBS- CHRP waiver will result in an overall savings when compared to the ICF/IID cost as determined by the State.
6. The Client receives at least one waiver service each month.
B. A Support Need Level Assessment must be completed upon determination of eligibility. The Support Need Level Assessment is used to determine the level of reimbursement for Habilitation and per diem Respite services.
C. Clients must first access all benefits available under the Medicaid State Plan and/or EPSDT for which they are eligible, prior to accessing funding for those same services under the HCBS-CHRP waiver.
D. Pursuant to the terms of the HCBS-CHRP waiver, the number of individuals who may be served each year is based on:
1. The federally approved capacity of the waiver;
2. Cost Containment requirements under section 8.508.80;
3. The total appropriation limitations when enrollment is projected to exceed spending authority.
8.508.50WAITING LIST PROTOCOL
A. Clients determined eligible for HCBS-CHRP services who cannot be served within the appropriation capacity limits of the HCBS-CHRP waiver shall be eligible for placement on a waiting list.
1. The waiting list shall be maintained by the Department.
2. The date used to establish the Client's placement on the waiting list shall be the date on which all other eligibility requirements at Section 8.508.40 were determined to have been met and the Department was notified.
3. As openings become available within the appropriation capacity limits of the federal waiver, Clients shall be considered for services based on the date of their waiting list placement.
8.508.60RESPONSIBILITIES OF THE CCB
A. The CCB shall make eligibility determinations for developmental disabilities services to include the Level of Care Eligibility Determination for any Applicant or Client being considered for enrollment in the HCBS-CHRP waiver.
B. Additional administrative responsibilities of CCBs as required in 8.601.
8.508.70CASE MANAGEMENT FUNCTIONS
A. Case management services will be provided by a CMA as a Targeted Case Management service pursuant to sections 8.761.14 and 8.519 and will include:
1. Completion of a LOC Screen
2. Completion of a Person-Centered Support Plan (PCSP);
3. Referral for services and related activities;
4. Monitoring and follow-up by the CMA including ensuring that the SP is implemented and adequately addresses the Client's needs.
5. Monitoring and follow-up actions, which shall
a. Be performed when necessary to address health and safety and services in the PCSP;
b. Services in the PCSP are adequate; and
c. Necessary adjustments in the PCSP and service arrangements with providers are made if the needs of the Client have changed.
6. Face to face monitoring to be completed at least once per quarter and to include direct contact with the Client in a place where services are delivered. Upon Department approval, monitoring may be completed by the case manager at an alternate location, via the telephone or using virtual technology methods. Such approval may be granted for situations in which face-to-face meetings would pose a documented safety risk to the case manager or Client (e.g., natural disaster, pandemic, etc.).
8.508.71SERVICE PLAN (SP)
A. The CMA shall complete a Service Plan for each Client enrolled in the HCBS-CHRP waiver in accordance with Section 8.519.11.B and will:
1. Address the Client's assessed needs and personal goals, including health and safety risk factors either by HCBS-CHRP waiver services or any other means;
2. Be in accordance with the Department's rules, policies, and procedures;
3. Be entered and verified in the Department prescribed system within ten (10) business days;
4. Describe the types of services to be provided, the amount, frequency, and duration of each service and the provider type for each service;
5. Include a statement of agreement by the Client and/or the legally responsible party; and
6. Be updated or revised at least annually or when warranted by changes in the Client's needs.
B. The Service Plan shall document that the Client has been offered a choice:
1. Between HCBS waivers and institutional care;
2. Among HCBS-CHRP waiver services; and
3. Among qualified providers.
8.508.72PRIOR AUTHORIZATION REQUESTS (PAR)
A. The case manager shall submit a PAR in compliance with applicable regulations and ensure requested services are:
1. Consistent with the Client's documented medical condition and Comprehensive Assessment.
2. Adequate in amount, frequency, scope and duration in order to meet the Client's needs and within the limitations set forth in the current federally approved HCBS-CHRP waiver.
3. Not duplicative of another service, including services provided through:
a. Medicaid State Plan benefits;
b. Third Party Resources;
c. Natural Supports;
d. Charitable organizations; or
e. Other public assistance programs.
B. Services delivered without prior authorization shall not be reimbursed except for provision of services during an emergency pursuant to Section 8.058.4.
8.508.73REIMBURSEMENT
A. Only services identified in the Service Plan are available for reimbursement under the HCBS-CHRP waiver. Reimbursement will be made only to licensed or certified providers, as defined in Section 8.508.160 and services will be reimbursed per a fee for service schedule as determined by the Department through the Medicaid Management Information System (MMIS).
B. Only those services not available under Medicaid EPSDT, Medicaid State Plan benefits, Third Party Resources, or other public funded programs, services or supports are available through the CHRP Waiver. All available community services must be exhausted before requesting similar services from the waiver. The CHRP Waiver does not reimburse services that are the responsibility of the Colorado Department of Education.
C. Reimbursement for Habilitation service does not include the cost of normal facility maintenance, upkeep and improvement. This exclusion does not include costs for modifications or adaptations required to assure the health and safety of Client or to meet the requirements of the applicable life safety code.
D. Medicaid shall not pay for room and board.
E. Claims for Targeted Case Management are reimbursable pursuant to Section 8.761.4-.5.
8.508.74COMPLIANCE MONITORING
A. Services provided to a Client are subject to compliance monitoring by the Department pursuant to Section 8.076.2.
8.508.80COST CONTAINMENT

Cost Containment is to ensure, on an individual Client basis, that the provision of HCBS-CHRP services is a cost-effective alternative compared to the equivalent cost of appropriate ICF/IID institutional Level of Care. The Department shall be responsible for ensuring that, on average, each Service Plan is within the federally approved Cost Containment requirements of the waiver. Clients enrolled in the HCBS-CHRP waiver shall continue to meet the Cost Containment criteria during subsequent periods of eligibility.

8.508.100SERVICE DESCRIPTIONS
A. Habilitation
1. Services may be provided to Clients who require additional care for the Client to remain safely in home and community-based settings. The Client must demonstrate the need for such services above and beyond those of a typical child of the same age.
2. Habilitation services include those that assist Clients in acquiring, retaining, and improving the self-help, socialization, and adaptive skills necessary to reside successfully in home and community-based settings.
3. Habilitation services under the HCBS-CHRP waiver differ in scope, nature, supervision, and/or provider type (including provider training requirements and qualifications) from any other services in the Medicaid State Plan.
4. Habilitation is a twenty-four (24) hour service and includes the following activities:
a. Independent living training, which may include personal care, household services, infant and childcare when the Client has a child, and communication skills.
b. Self-advocacy training and support which may include assistance and teaching of appropriate and effective ways to make individual choices, accessing needed services, asking for help, recognizing Abuse, Neglect, Mistreatment, and/or Exploitation of self, responsibility for one's own actions, and participation in meetings.
c. Cognitive services which includes assistance with additional concepts and materials to enhance communication.
d. Emergency assistance which includes safety planning, fire and disaster drills, and crisis intervention.
e. Community access supports which includes assistance developing the abilities and skills necessary to enable the Client to access typical activities and functions of community life such as education, training, and volunteer activities. Community access supports includes providing a wide variety of opportunities to develop socially appropriate behaviors, facilitate and build relationships and Natural Supports in the community while utilizing the community as a learning environment to provide services and supports as identified in the Client's Service Plan. These activities are conducted in a variety of settings in which the Client interacts with non-disabled individuals (other than those individuals who are providing services to the Client). These services may include socialization, adaptive skills, and personnel to accompany and support the individual in community settings, resources necessary for participation in activities and supplies related to skill acquisition, retention, or improvement and are based on the interest of the Client.
f. Transportation services are encompassed within Habilitation and are not duplicative of the non-emergent medical transportation that is authorized in the Medicaid State Plan. Transportation services are more specific to supports provided by Foster Care Homes, Kinship Foster Care Homes, Specialized Group Facilities, and Residential Child Care Facilities to access activities and functions of community life.
g. Follow-up counseling, behavioral, or other therapeutic interventions, and physical, occupational or speech therapies delivered under the direction of a licensed or certified professional in that discipline.
h. Medical and health care services that are integral to meeting the daily needs of the Client and include such tasks as routine administration of medications or providing support when the Client is ill.
5. Habilitation may be provided in a Foster Care Home or Kinship Foster Care Home certified by a licensed Child Placement Agency or County Department of Human Services, Specialized Group Facility licensed by the Colorado Department of Human Services, or Residential Child Care Facility licensed by the Colorado Department of Human Services.
6. Habilitation may be provided for clients age eighteen (18) to twenty (20) in a Host Home. The Host Home must meet all requirements as defined in Section 8.600.
7. Service Providers and child placement agencies must not exceed habilitation capacity limits at 12 CCR 2509-8; §§ 7.701.2, 7.708.1.A.2, 7.710.48.C.
8. Only one (1) HCBS-CHRP Client and two (2) HCBS- Persons with Developmental Disabilities (DD) or HCBS- Supported Living Services (SLS) waiver participants; or two (2) HCBS-CHRP participants and one HCBS-DD or HCBS-SLS waiver participant may live in the same foster care home.
9. The Service Provider or child placement agency shall ensure choice is provided to all Clients in their living arrangement.
10. The Foster Care Home or Kinship Foster Care Home provider must ensure a safe environment and safely meet the needs of all Clients living in the home.
11. The Service Provider shall provide the CMA a copy of the Foster Care Home or Kinship Foster Care Home certification before any child or youth can be placed in that home. If emergency placement is needed outside of business hours, the Service Provider or child placement agency shall provide the CMA a copy of the Foster Care Home or Kinship Foster Care Home certification the next business day.
B. Hippotherapy
1. Hippotherapy is a therapeutic treatment strategy that uses the movement of a horse to assist in the development/enhancement of skills including gross motor, sensory integration, attention, cognitive, social, behavioral, and communication skills.
2. Hippotherapy may be provided only when the provider is licensed, certified, registered, and/or accredited by an appropriate national accreditation association.
3. Hippotherapy must be used as a treatment strategy for an identified medical or behavioral need.
4. Hippotherapy must be an identified need in the Service Plan.
5. Hippotherapy must be recommended or prescribed by a licensed physician or therapist who is enrolled as a Medicaid provider. The recommendation must clearly identify the need for hippotherapy, recommended treatment, and expected outcome.
6. The recommending therapist or physician must monitor the progress of the hippotherapy treatment at least quarterly.
7. Hippotherapy is not available under CHRP benefits if it is available under the Medicaid State Plan, EPSDT, or from a Third-Party Resource.
8. Equine therapy and therapeutic riding are excluded.
C. Intensive Support
1. This service aligns strategies, interventions, and supports for the Client, and family, to prevent the need for out of home placement.
2. This service may be utilized in maintaining stabilization, preventing Crisis situations, and/or de-escalation of a Crisis.
3. Intensive support services include:
a. Identification of the unique strengths, abilities, preferences, desires, needs, expectations, and goals of the child or youth and family.
b. Identification of needs for Crisis prevention and intervention including, but not limited to:
i. Cause(s) and triggers that could lead to a Crisis.
ii. Physical and behavioral health factors.
iii. Education services.
iv. Family dynamics.
v. Schedules and routines.
vi. Current or history of police involvement.
vii. Current or history of medical and behavioral health hospitalizations.
viii. Current services.
ix. Adaptive equipment needs.
x. Past interventions and outcomes.
xi. Immediate need for resources.
xii. Respite services.
xiii. Predictive Risk Factors.
xiv. Increased Risk Factors.
4. Development of a Wraparound Plan with action steps to implement support strategies, prevent, and/or manage a future Crisis to include, but not limited to:
a. The unique strengths, abilities, preferences, desires, needs, expectations, and goals of the Client and family.
b. Environmental modifications.
c. Support needs in the family home.
d. Respite services.
e. Strategies to prevent Crisis triggers.
f. Strategies for Predictive and/or Increased Risk Factors.
g. Learning new adaptive or life skills.
h. Behavioral or other therapeutic interventions to further stabilize the Client emotionally and behaviorally and to decrease the frequency and duration of any future behavioral Crises.
i. Medication management and stabilization.
j. Physical health.
k. Identification of training needs and connection to training for family members, Natural Supports, and paid staff.
l. Determination of criteria to achieve stabilization in the family home.
m. Identification of how the plan will be phased out once the Client has stabilized.
n. Contingency plan for out of home placement.
o. Coordination among Family caregivers, other Family members, service providers, Natural Supports, Professionals, and case managers required to implement the Wraparound Plan.
p. Dissemination of the Wraparound Plan to all individuals involved in plan implementation.
5. Child and Youth Mentorship.
a. The type, frequency, and duration of in-home support services must be included in a Wraparound Plan.
b. Child and Youth Mentorship includes implementation of therapeutic and/or behavioral support plans, building life skills, providing guidance to the child or youth with self-care, learning self-advocacy, and protective oversight.
c. Service may be provided in the Client's home or community as determined by the Wraparound Plan.
6. Follow-up services.
a. Follow-up services include an evaluation to ensure that triggers to the Crisis have been addressed in order to maintain stabilization and prevent a future Crisis.
b. An evaluation of the Wraparound Plan should occur at a frequency determined by the Client's needs and include at a minimum, visits to the Client's home, review of documentation, and coordination with other Professionals and/or members of the Wraparound Support Team to determine progress.
c. Services include a review of the Client's stability and monitoring of Increased Risk Factors that could indicate a repeat Crisis.
d. Revision of the Wraparound Plan should be completed as necessary to avert a Crisis or Crisis escalation.
e. Services include ensuring that follow-up appointments are made and kept.
7. The Wraparound Facilitator is responsible for the development and implementation of the Wraparound Plan and follow-up services. The Wraparound Plan is guided and supported by the Client, their Family, and their Wraparound Support Team.
8. All service and supports providers on the Wraparound Support Team must adhere to the Wraparound Plan.
9. Revision of strategies should be a continuous process by the Wraparound Support Team in collaboration with the Client, until the Client is stable and there is no longer a need for Intensive Support Services.
10. On-going evaluation after completion of the Wraparound Plan may be provided if there is a need to support the Client and his or her Family in connecting to any additional resources needed to prevent a future Crisis.
D. Massage Therapy
1. Massage therapy is the physical manipulation of muscles to ease muscle contractures, spasms, extension, muscle relaxation, and muscle tension including WATSU.
2. Children with specific developmental disorders often experience painful muscle contractions. Massage has been shown to be an effective treatment for easing muscle contracture, releasing spasms, and improving muscle extension, thereby reducing pain.
3. Massage therapists must be licensed, certified, registered, and/or accredited by an appropriate national accreditation association.
4. The service must be used as a treatment strategy for an identified medical or behavioral need and included in the Service Plan.
5. Massage therapy services must be recommended or prescribed by a therapist or physician who is an enrolled Medicaid Provider. The recommendation must include the medical or behavioral need to be addressed and expected outcome. The recommending therapist or physician must monitor the progress and effectiveness of the massage therapy treatment at least quarterly.
6. Massage therapy is not available under CHRP benefits if it is available under the Medicaid State Plan, EPSDT or from a Third-Party Resource.
E. Movement Therapy
1. Movement therapy is the use of music therapy and/or dance therapy as a therapeutic tool for the habilitation, rehabilitation, and maintenance of behavioral, developmental, physical, social, communication, pain management, cognition and gross motor skills.
2. Movement therapy providers must be meet the educational requirements and is certified, registered and/or accredited by an appropriate national accreditation association.
3. Movement therapy is only authorized as a treatment strategy for a specific medical or behavioral need and identified in the Client's Service Plan.
4. Movement therapy must be recommended or prescribed by a therapist or physician who is enrolled Medicaid provider. The recommendation must include the medical need to be addressed and expected outcome. The recommending therapist or physician must monitor the progress and effectiveness of the movement therapy at least quarterly.
5. Movement Therapy is not available under CHRP benefits if it is available under the Medicaid State Plan, EPSDT or from a Third-Party Resource.
F. Respite
1. Respite services are provided to children or youth living in the Family home on a short-term basis because of the absence or need for relief of the primary Caretaker(s)
2. Respite services may be provided in a certified Foster Care Home, Kinship Foster Care Home, Licensed Residential Child Care Facility, Licensed Specialized Group Facility, Licensed Child Care Center (less than 24 hours), in the Family home, or in the community.
3. Federal financial participation is not available for the cost of room and board, except when provided as part of respite care furnished in a facility approved by the State that is not a private residence.
4. The total amount of respite provided in one Service Plan year may not exceed an amount equal to thirty (30) day units and one thousand eight hundred eighty (1,880) individual units, where one unit is equal to 15 minutes. The Department may approve a higher amount when needed due to the client's age, disability or unique family circumstances.
5. During the time when Respite care is occurring, the Foster Care Home or Kinship Care Home may not exceed six (6) foster children or a maximum of eight (8) total children, with no more than two (2) children under the age of (two) 2. The respite home must be in compliance with all applicable rules and requirements for Family Foster Care Homes.
6. Respite is available for children or youth living in the Family home and may not be utilized while the Client is receiving Habilitation services.
G. Community Connector
1. Community Connector services are provided one-on-one to deliver instruction for documented Complex Behavior that are exhibited by the Client while in the community, such as physically or sexually aggressive behavior towards others and/or exposing themselves.
2. Services must be provided in a setting within the community where the Client interacts with individuals without disabilities (other than the individual who is providing the service to the Client).
3. The targeted behavior, measurable goal(s), and plan to address must be clearly articulated in the Service Plan.
4. This service is limited to 260 hours or 1040 units per year.
5. A request to increase service hours can be made to the Department on a case-by-case basis.
H. Transition Support
1. Transition support services align strategies, interventions, and Supports for the Client, and Family, when a Client transitions to the Family home from out-of-home placement.
2. Services include:
a. Identification of the unique strengths, abilities, preferences, desires, needs, expectations, and goals of the Client and Family.
b. Identification of transition needs including, but not limited to:
i. Cause(s) of a Crisis and triggers that could lead to a Crisis.
ii. Physical and behavioral health factors.
iii. Education services.
iv. Family dynamics.
v. Schedules and routines.
vi. Current or history of police involvement.
vii. Current or history of medical and behavioral health hospitalizations.
viii. Current services.
ix. Adaptive equipment needs.
x. Past interventions and outcomes.
xi. Immediate need for resources.
xii. Respite services.
xiii. Predictive Risk Factors.
xiv. Increased Risk Factors.
3. Development of a Wraparound Transition Plan is required, with action steps to implement strategies to address identified transition risk factors including, but not limited to:
a. Identification of the unique strengths, abilities, preferences, desires, needs, expectations, and goals of the Client and Family.
b. Environmental modifications.
c. Strategies for transition risk factors.
d. Strategies for avoiding Crisis triggers.
e. Support needs in the Family home.
f. Respite services.
g. Learning new adaptive or life skills.
h. Counseling/behavioral or other therapeutic interventions to further stabilize the Client emotionally and behaviorally to decrease the frequency and duration of future Crises.
i. Medication management and stabilization.
j. Physical health.
k. Identification of training needs and connection to training for Family members, Natural Supports, and paid staff.
l. Identification of strategies to achieve and maintain stabilization in the Family home.
m. Identification of how the Wraparound Plan will terminate once the child or youth has stabilized.
n. Coordination among Family, service providers, natural supports, professionals, and case managers required to implement the Wraparound Transition Plan.
o. Dissemination of a Wraparound Transition Plan to all involved in plan implementation.
4. Child and Youth Mentorship
a. The type, frequency, and duration of authorized services must be included in the Wraparound Plan.
b. Child and Youth Mentorship includes implementation of therapeutic and/or behavioral support plans, building life skills, providing guidance to the Client with self-care, learning self-advocacy, and protective oversight.
c. Services may be provided in the Client's home or in community, as provided in the Wraparound Transition Plan.
5. Follow-up services are authorized and may include:
a. Evaluation to ensure the Wraparound Transition Plan is effective in the Client achieving and maintaining stabilization in the Family home.
b. Evaluation of the Wraparound Transition plan to occur at a frequency determined by the Client's needs and includes but is not limited to, visits to the Client's home, review of documentation, and coordination with other professionals and/or members of the Wraparound Transition Support Team to determine progress.
c. Reviews of the Client's stability and monitoring of Predictive Risk Factors that could indicate a return to Crisis.
d. Revision of the Wraparound Plan as needed to avert a Crisis or Crisis escalation.
e. Ensuring that follow-up appointments are made and kept.
6. The Wraparound Facilitator is responsible for the development and implementation of the Wraparound Plan and follow-up services. The Wraparound Plan is guided and supported by the Client, their family, and their Wraparound Transition Team.
7. All service providers and supports on the Wraparound Transition Team must adhere to the Wraparound Transition Plan.
8. Revision of strategies should be a continuous process by the Wraparound Transition Team in collaboration with the Client, until stabilization is achieved and there is no longer a need for Transition Support Services.
9. On-going evaluation after completion of the Wraparound Transition Plan may be provided based on individual needs to support the Client and their family in connecting to any additional resources needed to prevent future Crisis or out of home placement.
8.508.101USE OF RESTRAINTS
A. The definitions contained at 12 CCR 2509-8; Section 7.714.1 are hereby incorporated by reference. The definition for "Client Representative" in 12 CCR 2509-8, Section. 7.714.1 is specifically excluded. The incorporation of these regulations excludes later amendments to the regulations. Pursuant to Section 24-4-103 (12.5), C.R.S. the Department maintains copies of this incorporated text in its entirety, available for public inspection during regular business hours at 1570 Grant Street, Denver, CO, 80203. Copies of incorporated materials are provided at cost upon request.
B. Service Providers shall comply with the requirements for the use of Restraints in 12 CCR 2509-8, Sections 7.714.53 through 7.714.537, (2019) which are hereby incorporated by reference. The incorporation of these regulations excludes later amendments to the regulations. Pursuant to Section 24-4-103 (12.5), C.R.S., the Department maintains copies of this incorporated text in its entirety, available for public inspection during regular business hours at 1570 Grant Street, Denver, CO, 80203. Copies of incorporated materials are provided at cost upon request.
C. All records of restraints shall be reviewed by a supervisor of the Service Provider within 24 hours of the incident. If it appears that the Client has been restrained excessively, frequently in a short period of time, or frequently by the same staff member, the Client's Service Plan must be reviewed.
D. Host Homes and Service Providers contracting with Host Home Providers must comply with the requirements for the use of restraints in Sections 8.608.2, 3, & 4 for Clients receiving Habilitation services age eighteen (18)- twenty (20).
8.508.102RIGHTS MODIFICATIONS
A. Cruel and aversive therapy, or cruel and unusual discipline is prohibited.
B. Service Providers shall comply with the requirements for Client Rights in 12 CCR 2509-8; Section 7.714.52 is hereby incorporated by reference. The incorporation of these regulations excludes later amendments to the regulations. Pursuant to C.R.S. Section 24-4-103 (12.5) C.R.S., the Department maintains copies of this incorporated text in its entirety, available for public inspection during regular business hours at 1570 Grant Street, Denver, CO, 80203. Copies of incorporated materials are provided at cost upon request.
C. Rights modifications are based on the specific assessed needs of the child or youth, not the convenience of the provider.
D. Rights modifications may only be imposed if the Client poses a danger to self, Family, and/or the community.
E. The case manager is responsible for obtaining Informed Consent and other documentation supporting any rights modifications/limitations and must maintain these materials in their file as a part of the Service Plan.
F. Any rights modification must be supported by a specific assessed need and justified in the Service Plan. The following must be documented in the Service Plan:
1. Identification of a specific and individualized need.
2. Documentation of the positive interventions and supports used prior to any modifications Service Plan.
3. Documentation of less intrusive methods of meeting the Client's needs that have been tried, and the outcome.
4. A description of the rights modification to be used that is directly proportionate to respond to the specific assessed need.
5. The collection and review of data used to measure the ongoing effectiveness of the modification.
6. Established time limits for periodic reviews, no less than every six (6) months, to determine if the modification is still necessary or if it can be terminated.
7. The Informed Consent of the Individual.
8. An assurance that interventions and Support will cause no harm to the Individual.
G. Specialized Group Facilities, Foster Care Homes, Kinship Foster Care Home, Residential Child Care Facilities, Licensed Child Care Facilities (less than 24 hours), and Child Placement Agencies must also ensure compliance with the Colorado Department Human Services rules regarding the use of restrictive interventions at 12 CCR 2509-8.
H. Host Homes and Service Providers contracting with Host Home Providers must comply with the requirements for the use of rights modifications at § 8.604.3 and for Clients receiving Habilitation services age eighteen (18)- twenty (20).
8.508.103MEDICATION ADMINISTRATION
A. If medications are administered during the course of HCBS-CHRP service delivery by the waiver service provider, the following shall apply:
1. Medications must by prescribed by a Licensed Medical Professional. Prescriptions and/or orders must be kept in the Client's record.
2. HCBS-CHRP waiver service providers must complete on-site monitoring of the administration of medications to waiver participants including inspecting medications for labeling, safe storage, completing pill counts, reviewing and reconciling the medication administration records, and interviews with staff and participants.
3. Specialized Group Facilities, Residential Child Care Facilities, Licensed Child Care Facilities (less than 24 hours) must ensure compliance with the Colorado Department of Human Services rules regarding medication administration practices at 12 CCR 2509-8; Section 7.702.52 (C) (2021).
4. Foster Care Homes and Kinship Foster Care Homes must ensure compliance with the Colorado Department of Human Services rules regarding medication administration practices at 12 CCR 2509-8; Section 708.41.J.
5. Persons administering medications shall complete a course in medication administration through an approved training entity approved by the Colorado Department of Public Health and Environment.
6. Host Homes and Service Providers contracting with Host Home Providers must comply with the requirements for the use of medication administration at § 8.609.6.D.1-8 for Clients receiving Habilitation services age eighteen (18)- twenty (20).
8.508.110MAINTENANCE OF CASE RECORDS
A. CMAs shall maintain all documents, records, communications, notes and other materials for all work performed related to HCBS-CHRP. CMAs shall maintain records for six (6) years after the date a Client discharges from a waiver program.
8.508.121REASSESSMENT AND REDETERMINATION OF ELIGIBILITY
A. The CMA shall conduct a Level of Care Eligibility Determination and redetermine or confirm a Client's eligibility for the HCBS-CHRP waiver, at a minimum, every twelve (12) months.
B. The CMA shall conduct a LOC Screen to redetermine or confirm a Client's individual needs, at a minimum, every twelve (12) months.
C. The CMA shall verify that the child or youth remains Medicaid Eligible at a minimum, every twelve (12) months.
8.508.140DISCONTINUATION FROM THE HCBS- CHRP WAIVER
A. A Client shall be discontinued from the HCBS-CHRP waiver when one of the following occurs:
1. The Client no longer meets the criteria set forth in Section 8.508.40;
2. The costs of services and supports provided in the community exceed the Cost Effectiveness exceeds ICF-IID costs;
3. The Client enrolls in another HCBS waiver program or is admitted for a long-term stay beyond 30 consecutive days in an Institution; or
4. The Client reaches his/her 21st birthday.
5. The Client does not receive a waiver service during a full one-month period.
8.508.160SERVICE PROVIDERS
A. Service providers for habilitation services and services provided outside the Family home shall meet all of the certification, licensing and quality assurance regulations related to their provider type (Respite Service providers that provide community connector, movement therapy, massage therapy, hippotherapy, intensive support, and transition support in the family home must:
1. Meet the required qualifications as defined in the federally approved HCBS-CHRP waiver.
2. Maintain and abide by all the terms of their Medicaid Provider Agreement and section 8.130.
3. Comply with all the provisions of this Section 8.508; and
4. Have and maintain any required state licensure.
B. Service providers shall maintain liability insurance in at least such minimum amounts as set annually by the Department.
C. A Family member may not be a Service Agency for another Family member. A Family member may be reimbursed for certain services as approved in the waiver.
D. Service Providers shall not discontinue or refuse services to a Client unless documented efforts have been made to resolve the situation that triggers such discontinuation or refusal to provide services.
E. Service Providers must have written policies that address the following:
1. Access to duplication and dissemination of information from the child's or youth's records in compliance with all applicable state and federal privacy laws.
2. How to response to alleged or suspected abuse, mistreatment, neglect, or exploitation. The policy must require immediate reporting when observed by employees and contractors to the agency administrator or designee and include mandatory reporting requirements pursuant to Sections 19-3-304 and 18-6.5-108, C.R.S.
3. The use of restraints, the rights of Client's, and rights modifications pursuant to sections 8.508.101 and 8.508.102.
4. Medication administration pursuant to Section 8.508.103.
5. Training employees and contractors to enable them to carry out their duties and responsibilities efficiently, effectively and competently. The policy must include staffing ratios that are sufficient to meet the individualized support needs of each Client receiving services.
6. Emergency procedures including response to fire, evacuation, severe weather, natural disasters, relocation, and staffing shortages.
F. Service Provides must maintain records to substantiate claims for reimbursement in accordance with Department regulations and guidance.
G. Service Providers must comply with all federal and state program reviews and financial audits of HCBS-CHRP waiver services.
H. Service Providers must comply with requests by the Department to collect, review, and maintain individual or agency information on the HCBS-CHRP waiver.
I. Service Providers must comply with requests by the CMA to monitor service delivery through Targeted Case Management.
8.508.165TERMINATION OR DENIAL OF HCBS-CHRP MEDICAID PROVIDER AGREEMENTS
A. The Department may deny or terminate an HCBS-CHRP waiver Medicaid provider agreement in accordance with Section 8.076.5.
8.508.180CLIENT'S RIGHTS
A. Service Providers shall comply with the requirements for Client's Rights in 12 CCR 2509-8; Section 7.714.31 which is hereby incorporated by reference. The incorporation of these regulations excludes later amendments to the regulations. Pursuant to Section 24-4-103 (12.5), the Department maintains copies of this incorporated text in its entirety, available for public inspection during regular business hours at 1570 Grant Street, Denver, CO, 80203. Copies of incorporated materials are provided at cost upon request.
B. Every Client has the right to the same consideration and treatment as anyone else regardless of race, color, national origin, religion, age, sex, gender identity, political affiliation, sexual orientation, financial status or disability.
C. Every Client has the right to access age appropriate forms of communication including text, email, and social media.
D. No Client, his/her Family members, Guardian or Client Representative may be retaliated against in their receipt of services or supports as a result of attempts to advocate on their own behalf.
E. Each Client receiving services has the right to read or have explained in each Client's and Family's native language, any policies and/or procedures adopted by the Service Agency.
F. Host Homes and Service Providers contracting with Host Home Providers must comply with the procedural requirements regarding rights at § 8.604.2 for Clients receiving Habilitation services age eighteen (18)- twenty (20).
8.508.190APPEALS
A. The CCB shall provide a Long-Term Care notice of action form (LTC 803) to Applicants and Clients and their parent(s) or Guardian in accordance with section 8.057 when:
1. The Applicant is determined not to have a developmental delay or developmental disability,
2. The Applicant is determined eligible or ineligible for Long-Term Services and Supports (LTSS),
3. The Applicant is determined eligible or ineligible for placement on a waiting list for LTSS services,
4. An Adverse Action occurs that affects the Client's waiver enrollment status.
B. The CCB shall appear and defend its decision at the Office of Administrative Courts.
C. The CCB shall notify the Case Management Agency in the Client's Service Plan within one (1) business day of the Adverse Action.
D. The CCB shall notify the County Department of Human/Social Services income maintenance technician within ten (10) business days of an Adverse Action that affects Medicaid financial eligibility.
E. The CCB shall notify the applicant's parent or Guardian of an Adverse Action if the applicant or Client is determined ineligible for any reason including if:
1. The Client is detained or resides in a correctional facility for at least one day, and
2. The Client enters an institute for mental health for a duration greater than thirty (30) days.
F. The CMA shall provide the Long-Term Care notice of action form to Clients in accordance with section 8.507 when:
1. An Adverse Action occurs that affects the Client's waiver services, or
G. The CMA shall notify all providers in the Client's Service Plan within one (1) business days of the Adverse Action.
1. The CMA shall notify the county Department of Human/Social Services income maintenance technician within ten (10) business days of an Adverse Action that may affect financial eligibility for HCBS waiver services.
H. The applicant or Client shall be informed of an Adverse Action if the applicant or Client is determined to be ineligible as set forth in the waiver- specific Client eligibility criteria and the following:
1. The Client cannot be served safely within the Cost Containment identified in the HCBS waiver,
2. The Client is placed in an Institution for treatment for more than thirty (30) consecutive days,
3. The Client is detained or resides in a correctional facility for at least one day, or
4. The Client enters an institute for mental health for more than thirty (30) consecutive days.
I. The Client shall be notified, pursuant to section 8.057.2 . when the following results in an Adverse Action that does not relate to waiver Client eligibility requirements:
1. A waiver service is reduced, terminated or denied because it is not a demonstrated need in the Level of Care Evaluation and Determination
2. A Service Plan or waiver service exceeds the limits set forth in the federally approved waiver.
3. The Client is being terminated from HCBS due to a failure to attend a Level of Care assessment appointment after three (3) attempts to schedule by the case manager within a thirty (30) day consecutive period.
4. The Client is being terminated from HCBS due to a failure to attend a Service Plan appointment after three (3) attempts to schedule by the case manager within a thirty (30) day consecutive period.
5. The Client enrolls in a different LTSS program.
6. The Client moves out of state. The Client shall be discontinued effective the day after the date of the move.
a. A Client who leaves the state on a temporary basis, with intent to return to Colorado, pursuant to Section 8.100.3.B.4, shall not be terminated unless one or more of the Client eligibility criteria are no longer met.
J. If a Client voluntarily withdraws from the waiver, the termination shall be effective the day after the date the s the request was made by the Client
1. The case manager shall review with the Client their decision to voluntarily withdraw from the waiver. The Case Manager shall not send a notice of action, upon confirmation of withdraw.
K. The CMA shall not send a Long-Term Care notice of action form when the basis for termination is death of the Client but shall document the event in the Client record. The date of action shall be the day after the date of death.
L. The CMA shall appear and defend its decision at the Office of Administrative Courts when the CMA has issued an Adverse Action.

10 CCR 2505-10-8.508

46 CR 07, April 10, 2023, effective 4/30/2023
46 CR 13, July 10, 2023, effective 7/30/2023