ABOUT CHANGE AT DP
Several Aurora legislators
including Sen. Carroll, Reps. Fields and Acree, have expressed
concern about the IC DP issue. Additionally, Rep. Young from
Greeley and Sen. Aquilar from Denver have too sought ways to
The following information comes
from such outreach by constituents to their legislators. We expect more
information to trickle in from other direct requests by legislators to
Department of Human Services (DHS), Health Care Policy and Financing (HCPF),
Department of Public Health and Environment (DPHE) and Division for
Developmental Disabilities (DDD).
LEGISLATIVE COUNCIL MEMO ON DP ISSUE
On behalf of Representative Rhonda Fields, Legislative Council Staff
has forwarded a memorandum plus additional documents that was prepared in response to an
e-mail about recent changes at Developmental Pathways. Please note Legislative
Council Staff is the nonpartisan research agency for the Colorado General
Assembly and this report is a public document.
Opportunity to Speak Out about Medical Model in DD Group
Homes and Personal Care Services
DPHE is convening a meeting on August 8, 2012 from 1-3 at
Colorado Department of Public Health & Environment to explore
issues associated with the medical model versus person centered services.
Participants are asked to provide details on issues like how the medical
model requirements interferes with person centered services.
Participate in Person
4300 Cherry Creek Drive South, Room CIE
Participate by Phone (Day of Meeting)
DOES THIS REQUIRE FURTHER REVIEW ...
Does an IC need to become a PASA or a Home Care
25-27.5-102 (3)(b) "HOME CARE AGENCY" DOES NOT
INCLUDE: (III) AN
INDIVIDUAL WHO IS NOT EMPLOYED BY OR AFFILIATED WITH A HOME CARE AGENCY AND WHO
ACTS ALONE, WITHOUT EMPLOYEES OR CONTRACTORS;
A CCB is the only entity that can independent contract for CES and
SLS services. DP has created Continuum of Colorado to become their service
provider arm including acting as their home care agency. Based upon the
language in 25-27.5-102 (3)(b) it would seem that DP as the CCB could continue
IC relationships for CES and SLS without requiring those ICs to become a PASA or
Home Care License. However, any PASA that provide personal care INCLUDING the
CCB PASA would be required to license.
Legislative Timeline -- Home Health Care
In 2008 the CDPHE introduced legislation - SB 08-153 - home health
care agency licensing. Personal care services provided by CCBs or service
providers to people with I/DD were not exempted.
Review of Home Health Agencies
-- CDPHE 2008
DPHE provides a review of Home Health Agencies recommending
legislation. State licensure would allow the Department to enact regulations to
prevent inadequate or inappropriate care through a Quality Management Program.
In addition, licensure would allow the Department to take prompt remedial action
in a circumstance such as the elderly patient who was admitted to a hospital in
an emaciated and dehydrated state with 19 decubitus ulcers.
CONCERNING LICENSURE OF HOME CARE AGENCIES BY THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT, AND MAKING AN APPROPRIATION IN CONNECTION
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
Senate Bill 08-153 Senate and
House Committee Hearings
Absent from the discussion and testimony were providers of services
for people with Intellectual and Developmental Disabilities.
Welcome to Home Care Licensure
A link to a timeline and supporting documentation of the creation,
passage and implementation of SB-08-153.
CONCERNING THE REQUIREMENT THAT ENTITIES OPERATING PURSUANT
TO CERTAIN FEDERAL WAIVERS THAT PROVIDE CERTAIN SERVICES TO PERSONS WITH
DEVELOPMENTAL DISABILITIES OBTAIN LICENSURE AS HOME CARE AGENCIES.
This bill was introduced with the focus on exempting Early Childhood
Services from the Home Health Agency requirement. Beginning September 1, 2011,
a community centered board or an approved service agency providing home care
without a license commits an unclassified misdemeanor punishable by a fine of at
least $50 but not more than $500. Unlicensed home care agencies may also be
subject to a civil penalty of up to $10,000. Fine revenue is deposited in the
Fines Collection Cash Fund; civil penalties are deposited in the Home Care
Agency Cash Fund.
PAD-CO seeks responses to its' 8 question survey
intimidation and/OR retaliation
PAD-CO (Parents of Adults with Disabilities in Colorado) has received
several recent reports of intimidation and retaliation in the disability
delivery system in Colorado. We want to find out the pervasiveness and
characteristics of this intimidation and retaliation.
INTIMIDATION AND/OR RETALIATION SURVEY
Intimidation and retaliation can be very subtle, such as a teacher,
aide, case manager, resource coordinator, principal, social worker or other
professional being hesitant or afraid to state, during a planning meeting, the
necessary facts and recommendations for the best interests of the individual
with a disability. This might be because they work in a fear-filled bureaucracy,
or it might cost the agency more money or they don't want to set a
Other examples of intimidation and retaliation are much more obvious,
such as the immediate scheduling by an agency of a scary "home visit" after an
individual has spoken out publicly, threatened reduction in services (even
telling a parent that if they continue to "speak out" they will lose their
Medicaid Waiver), and delays or deliberate errors in placement into
All of the actions described above are illegal and unethical. Yet,
parents, individuals with disabilities, professionals and others seeing or
suffering the intimidation or retaliation often remain silent in fear that it
will hurt the individual with a disability or the family, or they don't know to
whom or how to report the intimidation or retaliation.
This survey, is open to anyone with knowledge of disability delivery
and services. It is limited to the first 100 respondents It is anonymous and you
will not be asked your name or significant identifying
Offering help in becoming
Several Independent Contractors who have applied to become a PASA are
reaching out to help others who are, too, hoping to or have begun to take that
step. (The Arc of Aurora provides this offer of
help as an FYI and cannot speak to the quality of assistance.)
Vrnda is an Independent Contractor. She is working with several
other ICs who are, although, seeking to start individual PASAs are sharing
resources and professional services. For more information please email firstname.lastname@example.org.
Dragonfly Connection, LLC
Dragonfly Connection, LLC was created by an Independent Contractor
and another Human Services professional. They are applying for their own PASA
and Home Health License, but are also willing to offer classes and support on PASA 101, Forms, etc. For more
information please email email@example.com or call
303-741-4791 and leave a voicemail.
Frank would like to work with families and otherers interested in
a new Christian ,family and parent centered PASA. His primary experience is
working with people who have Down syndrome. He has a M-Div.from Denver Seminary
(though he is not ordained). For more information please call Frank Taylor