Tracking #2006-01400

FA/P 02/02/07, eff. 04/01/07
I:/06111601.rtf
[I:/06111601.doc]

(12 CCR 2509-1)

[Instructions:  Insert before line 1035602.] 
Revisions to Section 7.419 were final adoption following publication at the 2/2/2007 State Board meeting, with an effective date of 4/1/2007 (Rule-making #06-11-16-1). Statement of Basis and 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 Performance Improvement, Boards and Commissions Division, State Board Administration.

(12 CCR 2509-5)

[Instructions:  Replace lines 1188879 through 1188886.] 

7.419  THERAPEUTIC RESIDENTIAL CHILD CARE FACILITY (TRCCF) RATE SETTING  [Rev. eff. 4/1/07]
A.  New Therapeutic Residential Child Care Facility (TRCCF) Provider Rate Setting
A new Therapeutic Residential Child Care Facility (TRCCF) shall receive a per diem rate (child maintenance, administrative maintenance, and services) equal to the most recent weighted average rate adjusted for the State specified fee for service rate. This per diem rate shall remain in effect until new rates are established for all providers.
1.  A new therapeutic residential child care facility means a facility not previously licensed as a TRCCF or a facility that has been licensed as a TRCCF. 
2.  TRCCF's that have been previously licensed as a TRCCF and have undergone a transfer of ownership are not considered new facilities.
3.  New facilities shall be treated as established facilities for rate determination purposes at the next round of rate setting.
B.  The Fiscal Year (FY) 2006-07 rate setting process for the Trails base anchor rate for TRCCF is as follows:
1.  A comparison shall be done between the provider’s FY2007 computed rate determined from the provider’s most recent cost report and a rate developed according to Number 2, below.
2.  A single weighted child maintenance rate for each TRCCF provider shall be determined by using room and board data from the Trails system that reflects actual county payments to Residential Treatment Center (RTC) providers for FY2004-05. The weighted room and board rate shall be added to the prior year Level “B”  RTC rate.
3.  The provider’s FY2007 rate shall be the lower of the two rates plus a 3.25% cost of living adjustment.
4.  An estimated fee for service rate shall be then subtracted from the rate total.
C.  The TRCCF rate, services, and outcomes may be negotiated between a county department and the provider if the county’s process for negotiation has been accepted by the State Department.
D.  A provider wishing to appeal that the provider rate was not established in accordance with these rules may appeal to the Department of Personnel and Administration, Office of Administrative Courts (OAC), within 30 calendar days from issuance of the notice letter according to the State Administrative Procedure Act. At such a hearing, the Administrative Law Judge’s decision will be limited to determine whether TRCCF provider rates were established in accordance with these rules.