The bill requires that, on and after July 1, 2019, of the total reimbursement that a home care service agency (agency) receives each fiscal year pursuant to the "Colorado Medical Assistance Act" for the provision of personal care services, homemaker services, and respite care services (covered services), the agency shall expend at least 77% as wages for nonadministrative employees who provide the services. Each agency shall expend at least such amount on a per-employee basis, with each such employee receiving at least 77% of each reimbursement that is associated with covered services provided by the employee.
The bill also directs the department of health care policy and financing (department) to seek an 8.1% increase in the federal reimbursement rate for the relevant service categories and requires home care service agencies to apply the entire amount of that increase to employee compensation during the 2019-20 fiscal year. Agencies are required to notify employees in writing about this increase.
On and after December 31, 2021, an agency that is found to have paid an employee less than the amount due to the employee shall be required to pay the remaining amount owed to the employee and may be subject to a civil penalty, assessed by the department, of up to $1,000.
Each agency is required to report the following information annually to the department for each nonadministrative employee who provided covered services to home care consumers during the preceding fiscal year:
The total amount of money the agency received as reimbursement for the provision of covered services by that employee in the preceding fiscal year;
The total amount of money the agency provided as wages to that employee for the provision of covered services during the preceding fiscal year; and
The employee's full name, home address, mailing address, telephone number, and e-mail address and the most recent date upon which the employee completed certain training or a skills validation test.
On or before April 1, 2021, and on or before April 1 of each year thereafter, the department or a designee of the executive director of the department is required to make the reported information publicly available on a website. The department shall not disclose an employee's home address, mailing address, telephone number, or e-mail address if the employee requests that the department not disclose the information and the employee indicates to the department that the employee is:
A victim of domestic violence, sexual assault, or a crime of violence;
The subject of a protection order that has been issued by a court against another individual; or
Under extraordinary personal circumstances that require an exception to the disclosure requirement to protect the employee's health, safety, welfare, or privacy interests.
The bill requires the department and the department of public health and environment, on or before July 1, 2020, to establish a process for enforcing initial and ongoing training requirements for persons who provide covered services.
The department is required to request from the federal government an increase of 8.1% to the reimbursement rate for certain services that are delivered to consumers through the home-based and community-based services waivers. For the 2019-20 fiscal year, each agency shall pay 100% of the funding that results from the rate increase as compensation for employees who provide covered services to consumers.