Tracking# 2012-00128
FA/P 4/6/12, eff. 6/1/12 

I:/12013101.rtf
(I:/12013101.doc)

(2 CCR 503-1)

[Instructions:  insert before line 1511894.] 
Revisions and repeals of Sections 16.223, 16.225, 16.229, 16.231-16.233, 16.241, 16.323, 16.334, 16.613-16.614, 16.627, and 16.913 were final adoption following publication at the 4/6/2012 State Board of Human Services rule-making session, with an effective date of 6/1/2012 (Rule-making# 12-1-31-1). Statement of Basis Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration. 

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[Instructions:  replace lines 737532 through 737546; Sections 16.223 and 16.225 repealed.] 
16.223  (None) [Rev. eff. 6/1/12] 
16.224  PURCHASE OF AUTHORIZED SERVICES
Subject to available appropriations, the Department shall purchase authorized services and supports through community centered boards or provide services and supports through regional centers, except that services and supports may be purchased directly from service agencies under the conditions outlined in Section 27-10.5-104(4), C.R.S.
16.225  (None) [Rev. eff. 6/1/12] 

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[Instructions:  replace lines 737574 through 737577 Section 16.229 repealed.] 
16.229  (None) [Rev. eff. 6/1/12] 

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[Instructions:  replace lines 737598 through 737626.] 
16.231  CONTRACTUAL ISSUES BETWEEN COMMUNITY CENTERED BOARD AND PROGRAM APPROVED SERVICE AGENCY REGARDING PERFORMANCE [Rev. eff. 6/1/12] 
A.  All service agencies are responsible for the services they provide directly. In addition, program approved service agencies are responsible for any services provided through contract.
B.  If purchased services and supports fall below the acceptable level of service provision, which shall be determined through on-site review of programs and other monitoring against rules and regulations of the Department, the community centered board shall notify the program approved service agency of its findings and shall provide the agency reasonable opportunity to comply with requirements. The community centered board shall also notify the Department of its findings.
Nothing in this procedure shall prohibit the community centered board from taking appropriate action when necessary to preserve the health, safety or welfare of persons receiving services or the public.
C.  Prior to terminating a contract with a program approved service agency, the community centered board must provide the service agency with notice of such action, including documentation of the reasons for such action.
D.  Prior to terminating a contract with a program approved service agency the community centered board shall notify the Department of the grounds for termination, including specific instances of failure of the program approved service agency in question to comply with requirements of Section 27-10.5-101, C.R.S., et seq., and these rules. 
16.232  (None) [Rev. eff. 6/1/12] 
16.233  DISPUTE RESOLUTION PROCESS BETWEEN COMMUNITY CENTERED BOARD AND PROGRAM APPROVED SERVICE AGENCY FOR THE NON-RENEWAL OF AN EXISTING CONTRACT [Rev. eff. 6/1/12] 
A.  The community centered board shall establish procedures and timeframes which provide reasonable notice, at a minimum thirty (30) days, to a service agency in the event it decided not to renew a contract with the program approved service agency.
B.  The program approved service agency whose contract the community centered board has decided not to renew shall be provided an opportunity to present its concerns by first protesting the non-renewal to the community centered board.
1.  The community centered board shall provide a written response to the program approved service agency within fifteen (15) days of the service agency protesting the non-renewal of a contract.
2.  As soon as possible after reaching the decision not to renew, the community centered board shall send notice as defined in Section 16.120 to all affected individuals.
3.  The community centered board shall inform the Department of any decision to not renew a contract with a program approved service agency. Within seven (7) days the Department may: 
a.  Require a transition plan for providing services to the affected individuals;
b.  Require that any additional information, as defined by the Department, be sent to all affected individuals; and,
c.  Require that the community centered board and program approved service agency mediate the dispute.

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[Instructions:  replace lines 737629 through 737638.] 
16.241  CONTRACTS/WRITTEN AGREEMENTS [Rev. eff. 6/1/12] 
A.  Contracts between the Department and community centered boards or service agencies for services for persons with developmental disabilities shall comply with the contractual requirements of Chapter 3 of the State Fiscal Rules promulgated pursuant to Section 24-30-220, C.R.S.
B.  Contracts between the community centered board and program approved service agencies, as identified in Section 16.230 of these rules, must be current and signed prior to the delivery of services. Contracts must contain any state prescribed provisions and, at a minimum, address the following:
1.  The amount, duration, and scope of services to be provided.
2.  The rate at which the listed services are to be reimbursed.
3.  A clause stipulating the listed services are not assignable.
4.  The requirements regarding submission of service provision and billing information.
5.  A clause stipulating the requirement for comprehensive general liability insurance to be in effect at all times.
6.  A clause specifying the requirements for cancellation of the contract by either party.
7.  Actions that may be taken in situations involving suspected or alleged mistreatment, abuse, neglect or exploitation to protect the safety of the person receiving services pursuant to Section 16.580. 

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[Instructions:  replace lines 737806 through 737821; Section 16.323 repealed.] 
16.323  (None) [Rev. eff. 6/1/12] 

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[Instructions:  delete lines 737893 through 737895; Section 16.334 repealed.] 

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[Instructions:  replace lines 738180 through 738204; former Section 16.613 repealed.] 
16.613 CHILDREN'S EXTENSIVE SUPPORT PROGRAM [Rev. eff. 6/1/12] 
A.  The child participating in the Children's Extensive Support Program shall live at home with his/her biological, adoptive parent(s) or guardian, or be in an out of home placement and being returned home with the provision of the program.
B.  There shall be a record that the child's physician has certified that the medical services and supports identified in the Individualized Plan are sufficient to meet the child's needs in the home setting. 

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[Instructions:  delete lines 738338 through 738339; Section 16.627 repealed.] 

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[Instructions:  replace line 2223323.] 
16.913  Certified Early Intervention Service Brokers [Rev. eff. 6/1/12] 

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[Instructions:  delete lines 2223383 through 2223384; 16.913, B, 9-10 repealed.] 

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