9.200 INDEPENDENT LIVING (IL) SERVICES 
9.201 GENERAL PROVISIONS
The purpose of the program authorized by Title 8. Article 85.INDEPENDENT LIVING SERVICES, Colorado Revised Statutes, is to promote a philosophy of independent living (IL), including consumer control, peer support, self-help, self-determination, equal access, individual and system advocacy, and transitions 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 
“CIL” means a Center for Independent Living. 
“Code of Federal Regulations” means Code of Federal Regulations, Title 2 – Grants and Agreements, Subtitle A – Office of Management and Budget Guidance for Grants and Agreements, Chapter II – Office of Management and Budget Guidance, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (http://www.ecfr.gov/cgi-bin/text idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl)
“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. 
“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 Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 or at any State Publication Depository Library. 
“Network” means the Network of Certified Colorado Centers for Independent Living.
“OIL” means the Office of Independent Living Services
 “Provider association” means the Association of Colorado Centers for Independent Living (ACCIL). 
“Service area” means the community, county, or groups of counties a CIL 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 Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 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/OIL Staff and a representative of the CILs network.  
 
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), individual and systems advocacy; and transition services; 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. 
9.203.1 DISCONTINUATION OF SERVICES [Eff. 4/1/13] 
Section 51 of 34 CFR 364 under the authority of 29 U.S.C. 796-796f-5 which do not include amendments to or editions of said regulations later than August 15, 1994, provides requirements for determinations of eligibility or ineligibility, in accordance with all parts, incorporated herein by reference. Copies of these regulations are available from: Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 or at any State Publication Depository Library. 
A CIL shall discontinue Independent Living (IL) services to an individual if the individual is no longer eligible to receive IL services. An individual is no longer eligible to receive IL services when the delivery of IL services will no longer improve the individual’s ability to function, ability to continue functioning, or move toward functioning independently in the community. If the CIL intends to discontinue services to an individual receiving IL services under an IL plan or an individual receiving services after they have waived their right to a plan, the CIL shall follow the requirements that apply to determinations of ineligibility and review of ineligibility determinations. 
9.203.2 APPEAL PROCEDURES [Eff. 4/1/13] 
Section 58 of 34 CFR 364 requires each CIL to establish consumer appeal procedures; Section 30 of CFR 364 requires each center to provide notice of the Client Assistance Project in accordance with all parts, under the authority of 29 U.S.C. 796-796f-5 which do not include amendments to or editions of said regulations later than August 15, 1994 of those parts and incorporated herein by reference. Copies of these regulations are available from: Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 or at any State Publication Depository Library 
A.	Each CIL must establish policies and procedures that an individual may use to obtain review of decisions made by the CIL concerning the individual’s request for IL services or the provision of IL services to the individuals; and, 
B.	Use formats that are accessible to inform each individual who seeks or is receiving IL services from the center about the procedures required by paragraph A of this section; 
C.	Establish policies and procedures that require that the individual is notified of the Client Assistance Program (CAP); 
D.	Establish a policy that the center shall continue services to the consumer while the decision is being reviewed, unless continuation of services is deemed harmful to the consumer or otherwise. 
9.203.3 APPLICATION, CERTIFICATION AND RE-CERTIFICATION OF CENTERS [Eff. 4/1/13] 
A.	Application Process 
An organization that intends to become a Center for Independent Living must apply to the Director of the Division of Vocational Rehabilitation to become certified as a CIL and eligible for funding under the SILS program. 
B.	For an organization that DVR previously certified to operate as a certified CIL or was decertified, the organization must provide to DVR/OIL evidence that it is currently operating in accordance with all parts, incorporated herein by reference, of Title VII, Section 725 of the Federal Act, as defined in 34 CFR 366.60 under the authority of 20 U.S.C. 796f-4 and 34 CFR 366.63 under the authority of 29 U.S.C. 711(c), 796d-1(b), and 796f-4, which do not include amendments to or editions of said regulations later than August 1, 1995 of those parts and incorporated herein by reference. Copies of these regulations are available from: Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 or at any State Publication Depository Library. 
C.	Requirements of Certification and Re-Certification 
The organization must comply with the standards and assurances for independent living in accordance with all parts, incorporated herein by reference, of Title VII, Section 725 of the Federal Act, the center evaluation standards in accordance with all parts, incorporated herein by reference of 34 CFR 366.60, under the authority of 20 U.S.C. 796f-4 and 34 CFR 366.63 under the authority of 29 U.S.C. 711(c), 796d-1(b), and 796f-4, which do not include amendments to or editions of said regulations later than August 1, 1995 of those parts. Copies of these regulations are available from: Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 or at any State Publication Depository Library. Prior to certifying an organization as a center, DVR/OIL may conduct on-site verification procedures based on the evaluation standards previously cited and may include verifying the accuracy of the information in the organization’s annual report. If DVR/OIL determines that the organization qualifies to operate as a center, DVR/OIL shall provide written certification for up to thirty-six months from the date of the on-site verification. 
9.203.4 CERTIFICATION OF CENTERS AND VERIFICATION OF INFORMATION [Eff. 4/1/13] 
A.	DVR/OIL shall verify the accuracy of the information in the CIL'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 CIL at least once every thirty-six months to determine certification status. 
B.	The Verification Team will notify the CIL at least ten working days prior to the verification team's onsite evaluation. DVR/OIL reserves the right to monitor all or part of the evaluation standards. Included in the notification to CILs will be a list of evaluation standards. 
C.	Minimal compliance means that the CIL provides at least one type of evidence for each evaluation standard. The DVR Verification Team obtains evidence to verify the accuracy of the information in the annual performance report and establish minimal compliance, as outlined in 34 CFR 366.60 under the authority of 20 U.S.C. 796f-4 which does not include amendments to or editions of said regulations later than August 15, 1994, and incorporated herein by reference, and with DVR contracts and procedures. Copies of these regulations are available from: Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 or at any State Publication Depository Library. 
D.	The CIL must comply with the evaluation standards defined in 34 CFR 366.60 to 366.63 under the authority of and all parts, incorporated herein by reference incorporated herein by reference of 34 CFR 366.60, under the authority of 20 U.S.C. 796f-4 and 34 CFR 366.63 under the authority of 29 U.S.C. 711(c), 796d-1(b), and 796f-4 which do not include amendments to or editions of said regulations later than August 1, 1995 of those parts. Copies of these federal regulations are available from the Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 or at any State Publication Depository Library. 
Prior to certifying an organization as a CIL DVR/OIL 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/OIL procedural. If DVR/OIL determines that the organization qualifies to operate as a CIL, DVR/OIL shall provide a written certification. DVR/OIL may certify an organization for up to thirty-six months from the date of the on-site verification. 
E.	DVR/OIL may conduct additional on site evaluation visits, without prior notification, if the Verification Team needs additional documentation or information in regards to compliance indicators. 
9.204 (NONE) [Rev. eff. 4/1/13] 
9.205 ASSURANCE TO RECEIVE FUNDING UNDER THE SILS PROGRAM [Rev. eff. 4/1/13] 
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 366.60, under the authority of 20 U.S.C. 796f-4 and 34 CFR 366.63 under the authority of 29 U.S.C. 711(C), 796D-1(B), and 796F-4, which do not include amendments to or later editions of regulations later than August 1, 1995 of those parts. Copies of these regulations are available from: Colorado Department of Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 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 CILs’ 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. 
9.206 PAYMENT TO CILS [Rev. eff. 4/1/13] 
A.	A CIL may invoice DVR/OIL according to specific requirements in a contract or procedures set forth by DVR/OIL. 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. 
9.207 ALLOCATION OF FUNDS FOR SILS [Rev. eff. 4/1/13] 
9.207.1 STATE ALLOCATION [Rev. eff. 4/1/13] 
The State shall allocate funds to CILs 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 CIL may be reimbursed under the SILS program. DVR/OIL 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/OIL reserves the right to evaluate and/or change the allocation of funding if special, unforeseen, circumstances occur. 
9.207.2 INDEPENDENT LIVING ALLOCATIONS COMMITTEE [Rev. eff. 4/1/13] 
A.	The SILC, CIL Network, 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 CILs Network shall appoint two individuals. 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 Part B 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/OIL will ensure that the Independent Living Allocations Committee participates in any change of funding allocation that is in DVR/OIL procedures. The final decision of how to allocate funds is the responsibility of DVR/OIL. 
9.207.3  	STATE ALLOCATION FOR DELIVERY OF INDEPENDENT LIVING SERVICES 
Certified Centers for Independent Living will be allocated General Funds in addition to their base amount of General Funds with a weighted formula that divides County disability population, plus County population, and Land Area by population to determine for each County. The resulting figure is the amount which each CIL will receive. 
Specific calculations of the formula are: 
A.	1st assign each Colorado County a score of: 40% x (County 16-64 Disability Population/State 1664 Disability Population) 
B.	2nd add the weighted score of: 20% x (County 65+ Population/State 65+ Population) 
C.	3rd add the weighted score of: 40% x (County Quantile Average of Land Area/Population) 
D.	4th multiply this score of each County by the available funds; 
E.	5th divide it by 100. 
F.	6th sum up all the County scores from within each CIL’s catchment area. 
CILS whose catchment areas share a County shall report to the Department, how they will allocate County scores between them. If these CILS do not reach an agreement, the Department shall determine and document the allocation of County scores between the CILS. 
9.208 RECORDS [Rev. eff. 4/1/13] 
In addition to complying with applicable EDGAR record keeping requirements, centers that receive financial assistance from the SILS program will maintain records that fully disclose and document: 
A.	The amount and disposition by the center of that funding; 
B.	The total cost of the IL services; 
C.	The amount of that portion of the cost of the IL services supplied by other sources; and, 
D.	Compliance with regulations pertaining to the SILS program; and, 
1.	Records that the Director, Division of Vocational Rehabilitation or the Secretary of the Federal Department of Health and Human Services determines to be appropriate to facilitate an effective audit. 
2.	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, 
a.	Any other books, documents, papers, and records of the recipients that are pertinent to the financial assistance received to provide IL services; and, 
b.	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. 
9.209 EVALUATION OF CENTERS: ENFORCEMENT PROCEEDINGS [Rev. eff. 7/1/12] 
With regards to enforcement proceedings, DVR/OIL 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 Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 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 CIL 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 lC.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 Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 or at any State Publication Depository Library. 
 
9.209.2 TERMINATION OF FUNDS [Rev. eff. 4/1/13] 
A CIL’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 Labor and Employment, Division of Vocational Rehabilitation, Office of Independent Living, 633 17th Street, 15th Floor, Denver, CO 80202 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. 
C.	A decision to terminate funding will also terminate the organization’s certification as a center. Refer to Section 9.203.3 for clarification on re-certification.