Tracking #2012-00239 
FA/P 5/4/12, eff. 7/1/12 

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[I:/11090702.doc] 

(12 CCR 2513-1) 

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Revisions and repeals in Sections 9.200 through 9.221.3 were adopted as final following publication at the 5/4/2012 State Board meeting, with an effective date of 7/1/2012 (Rule-making# 11-9-7-2).  Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rules. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 

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9.200  INDEPENDENT LIVING (IL) SERVICES
9.201  GENERAL PROVISIONS [Rev. eff. 7/1/12] 
The purpose of the program authorized by Title 26. Article 8.1, Colorado Revised Statutes, is to promote a philosophy of independent living (IL), including consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, to maximize the leadership, empowerment, independence, and productivity of individuals with significant disabilities, and to promote and maximize the integration and full inclusion of individuals with significant disabilities into the mainstream of American society.
9.202  DEFINITIONS [Rev. eff. 7/1/12] 
“CIL” means a Center for Independent Living. 
“Consumer Service Record (CSR)” means a complete record which includes eligibility determination, intake information, a signed Independent Living Plan (ILP) or waiver, specific goals, a description of services, Client Assistance Program (CAP) information, a confidentiality agreement, a grievance policy, and a record of whether goals were achieved. 
“Director” means the Director of the Division of Vocational Rehabilitation. 
“DVR” means the Division of Vocational Rehabilitation. 
EDGAR means the federal Education Department General Administrative Regulations found in 34 C.F.R. Parts 74. 75, 76. 77, 79, 80. 81, 82. 85 and 86. This rule does not contain any later editions of those Parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203, or at any State Publication Depository Library. 
“Federal Act” means Title VII of the Federal Rehabilitation Act of 1973, as amended and codified in 29 U.S.C. 71 1(c) and Section 796. This rule does not contain any later editions of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
“Provider association” means the Association of Colorado Centers for Independent Living (ACCIL). 
“Service area” means the community, county, or groups of counties a center serves. 
“SILC” means Statewide Independent Living Council. 
“SILS” means State Independent Living Services Program, in accordance with 34 CFR 365.1. No later editions are incorporated. Copies of these federal regulations are available from the Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
“State” means the State of Colorado. 
“Verification team” means a team designated by the director, which consists of DVR staff and other persons, including representatives of the SILC and the provider association. 
9.203  SERVICES PROVIDED 
A.  Independent living services includes the independent living core services which consist of information and referral services, IL skills training, peer counseling, (including cross-disability peer counseling), and individual and systems advocacy; and,
B.  Other services, such as:
1.  Counseling services, including psychological, psychotherapeutic, and related services; 
2.  Services related to securing housing or shelter, including services related to community group living, that are supportive of the purposes of the federal Act, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities;
3.  Rehabilitation technology;
4.  Mobility training;
5.  Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services;
6.  Personal assistance services, including attendant care and the training of personnel providing these services; 
7.  Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services;
8.  Consumer information programs on rehabilitation and IL services available under the federal Act, especially for minorities and other individual with significant disabilities who have traditionally been unserved or underserved by programs under the federal Act;
9.  Education and training necessary for living in a community and participation in community activities; 
10.  Supported living; 
11.  Transportation, including referral and assistance for transportation; 
12.  Physical rehabilitation; 
13.  Therapeutic treatment; 
14.  Provision of needed prostheses and other appliances and devices; 
15.  Individual and group social and recreational services; 
16.  Training to develop skills specifically designed for youths who are individuals with significant disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; 
17.  Services for children; 
18.  Services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities:
19.  Appropriate preventive services to decrease the need of individuals with significant disabilities assisted under the Federal Act for similar services in the future; 
20.  Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities; and, 
21.  Any other services that may be necessary to improve the ability of an individual with a significant disability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment and that are not inconsistent with any other provisions of the Federal Act. 
9.204  ASSURANCE TO RECEIVE FUNDING UNDER THE SILS PROGRAM [Rev. eff. 7/1/12] 
A.  To be eligible for funding under the SILS program, an eligible agency shall comply with all parts, incorporated herein by reference, of Title VII, Section 725, 34 CFR 366.62, and 34 CFR 366.63. This rule does not contain any later editions of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
B.  A CIL must obtain an annual independent fiscal audit conducted by a certified public accountant and provide documentation that demonstrates the centers’ board of directors’ review of the CILs monthly financial statements. 
C.  A CIL must comply with all state and federal contract requirements in terms of proper financial reporting, accountability, transparency and documentation; and agree to the terms and conditions of such contract. Funds allocated under the SILS program must only be used to provide Independent Living services or to pay associated costs, as described in the contract exhibits. 
9.205  PAYMENT TO CILS [Rev. eff. 7/1/12] 
A.  A CIL may invoice DVR according to specific requirements in a contract or procedures set forth by DVR. To receive payment, a CIL must have all supporting documentation for services and allowable costs and be able to provide documentation of such record if requested. 
B.  A CIL must adhere to contract requirements in order to receive payment for services provided. 
9.206  ALLOCATION OF FUNDS FOR SILS 
9.206.1  State Allocation [Rev. eff. 7/1/12] 
The State shall allocate funds to centers that participate in the SILS program. Funds to be allocated include funds appropriated in both federal and state appropriations. The allocation represents the maximum amount of funds that a center may be reimbursed under the SILS program. DVR shall set forth specific procedures that allocate funds to all eligible CILs. 
The allocation of funding to CILs is subject to periodic review by the Independent Living Allocations Committee. A review of allocations will: 
A.  Align with the State Plan for Independent Living (SPIL); or, 
B.  Occur if there is a change in the number of CILs eligible to receive funding. 
C.  DVR reserves the right to evaluate and/or change the allocation of funding if special, unforeseen, circumstances occur. 
9.206.2  Independent Living Allocations Committee [Rev. eff. 7/1/12] 
A.  The SILC, provider association, and DVR shall participate in an Independent Living Allocation Committee. The Chairperson of the SILC shall make the appointment of two members who are advocates for individuals with disabilities and are not affiliated with CILs. The provider association shall appoint two individuals and the Director of DVR will appoint two individuals.  The total number of allocation committee members shall equal six, two from each group. 
B.  The Independent Living Allocations Committee will work to establish criteria for allocating funds from the State General Fund for Independent Living and federal funds. 
C.  All funding formulas submitted by the allocation committee shall be in compliance with State fiscal rules and regulations, current Federal and State laws and regulations, including annotations and footnotes in appropriations, and the State Plan for Independent Living. 
D.  DVR will ensure that the Independent Living Allocations Committee participates in any change of funding allocation that is in DVR procedures. The final decision of how to allocate funds is the responsibility of DVR. 
9.207  RECORDS [Rev. eff. 7/1/12] 
In addition to complying with applicable EDGAR record keeping requirements, centers that receive financial assistance from the SILS program will maintain: 
A.  Records that fully disclose and document: 
1.  The amount and disposition by the center of that funding; 
2.  The total cost of the IL services; 
3.  The amount of that portion of the cost of the IL services supplied by other sources; and,
4.  Compliance with regulations pertaining to the SILS program; and,
a.  Records that the Director, Division of Vocational Rehabilitation or the Secretary of the federal Department of Education determines to be appropriate to facilitate an effective audit.
b.  Access to Records 
For the purpose of conducting audits, examinations, compliance reviews and verification of information in the annual performance report, centers that receive funding from the SILS program will provide access to the Director, the Secretary of the federal Department of Education, and the Comptroller General, or any of their duly authorized representatives, to these records; and, 
1)  Any other books, documents, papers, and records of the recipients that are pertinent to the financial assistance received to provide IL services; and,
2)  All consumer service records for individuals served with funds received from the SILS program, including names, addresses, and records of evaluation included in those consumer service records. 
9.208  CERTIFICATION OF CENTERS AND VERIFICATION OF INFORMATION [Rev. eff. 7/1/12] 
A.  DVR shall verify the accuracy of the information in the center's annual performance report through information obtained by a Verification Team during an onsite review in locations that a CIL operates. A Verification Team will evaluate a center at least once every thirty-six months to determine certification status. 
B.  The Verification Team will notify the center at least ten working days prior to the verification team's onsite evaluation. DVR reserves the right to monitor all or part of the compliance indicators. Included in the notification to CILS will be a list of compliance indicators. 
C.  Minimal compliance means that the center provides at least one type of evidence for each compliance indicator. The DVR Verification Team obtains evidence to verify the accuracy of the information in the annual performance report and establish minimal compliance, as outlined and incorporated herein by reference, in 34 CFR 366.60 and with DVR contracts and procedures. This rule does not contain any later editions of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
D.  The CIL must comply with assurances in Section 9.217.2 and all parts, incorporated herein by reference, 34 CFR 366.60 to 366.63. No later editions are incorporated. Copies of these federal regulations are available from the Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
Prior to certifying an organization as a center, DVR may verify the accuracy of the information in the organization’s annual performance report following the on-site verification process outlined in this section and a DVR procedural. If DVR determines that the organization qualifies to operate as a center, DVR shall provide a written certification. DVR may certify an organization for up to thirty-six months from the date of the on-site verification. 
E.  DVR may conduct additional on site evaluation visits, without prior notification, if the Verification Team needs additional documentation or information in regards to compliance indicators. 
9.209  EVALUATION OF CENTERS: ENFORCEMENT PROCEEDINGS [Rev. eff. 7/1/12] 
With regards to enforcement proceedings, DVR shall comply with all federal rules and regulations, incorporated herein by reference, including 34 CFR 366.40, 366.41, 366.42, and 366.43. Any appeal will follow CFR 366.44, 366.45, and 366.46. This rule does not contain any later editions of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publications Depository Library. 
9.209.1  Modification of Enforcement Proceedings [Rev. eff. 7/1/12] 
If the funds received by the center under the SILS program include federal funds administered by the Colorado Department of Human Services in accordance with, and incorporated herein by reference, Section 723 Title VII of the Federal Act, as defined in Section 9.202, the enforcement procedures required by 34 C.F.R. 366.40 through 366.46 under the authority of 29 U.S.C. Section 711(c) and 796F-2 (g) and (i), as defined in Section 9.202, will be included in enforcement proceedings with respect to the Section 723 federal funds only, as defined in Section 9.202 (Federal Act). This rule does not contain any later editions of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
9.209.2  Termination of Funds [Rev. eff. 7/1/12] 
A center’s funds may be terminated for: 
A.  Failure to meet the requirements of 34 CFR 366.40 through 366.46. This rule does not contain any later editions of those parts. Copies of these regulations are available from: Colorado Department of Human Services, Division of Vocational Rehabilitation, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publication Depository Library. 
B.  Failure to meet contract requirements within the statement of work and its exhibits including, but not limited to, general and special provisions.