Code of Colorado Regulations
2505 - Department of Health Care Policy and Financing
2505 - Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan)
10 CCR 2505-10-8.600 - MEDICAL ASSISTANCE - SECTION 8.600 Case Management, Family Support, Laboratory and X-Ray
Section 10 CCR 2505-10-8.601 - ADMINISTRATIVE SERVICES
Universal Citation: 2505 CO Code Regs 10 CCR 2505-10-8.601
Current through Register Vol. 47, No. 5, March 10, 2024
8.601.1 COMMUNITY CENTERED BOARDS (CCB)
A. Annually, any private
corporation, for profit or not for profit, seeking designation as a Community
Centered Board shall submit an application for designation to the Department.
1. Applications shall be submitted in a form
and manner specified by the Department which shall be made available to
applicants upon request.
2. The
Department shall notify all applicants by first class mail of its determination
of designation or non-designation by May 15 of each year.
3. The designation shall cover a twelve (12)
month period beginning July 1 and ending June 30.
4. Designation of a Community Centered Board
shall be based on the following factors:
a.
Utilization of existing service agencies, social networks or natural sources of
support in the designated service area. This shall be determined and based on
an actual count of service agencies within a designated service area and a
description of utilization of such agencies as well as a description of
existing social networks and natural sources of support which were
utilized.
b. Encouragement of
competition among service agencies within the designated service area to
provide newly identified services or supports, the variety of service agencies
available to the person receiving services within the designated service area,
and the demonstrated effort to purchase new or expanded services or supports
from service agencies other than those affiliated with the Community Centered
Board. This shall be evaluated based on the ability of the applicant to
substantiate such activities.
c.
Utilization of state funded services and supports administered at the local
level, including, but not limited to, public education, social services, public
health, and rehabilitation programs. This shall be determined based on a
description of local utilization of state funded services and on a review of
the previous fiscal year audit, current budget submission and the designated
service area plan.
d. Quality of
services and supports provided for persons with developmental disabilities.
Quality shall be measured based on compliance with federal and state licensing
or program approval requirements, accreditation reports, agencies'
self-evaluation efforts, and Department's quality assurance monitoring
activities. Other resources to evaluate quality that may be considered include:
analysis of disputes and complaints, use of grievance procedures, and measures
of satisfaction by persons receiving services or supports.
e. The establishment of new services and
supports for the prevention of institutionalization, the support of
deinstitutionalization, and a commitment to innovative, effective, and
inclusive services and supports for persons with developmental disabilities.
This shall be determined based on past performance, documented use of
innovative and inclusive service and support approaches, effectiveness
measures, and a description of the Community Centered Board's future
plans.
f. The demonstrated effort
of the applicant to pursue authorized services and supports for all eligible
persons within the designated service area. This shall be determined based on
both past performance and the applicant's written plan for addressing needed
but unavailable services and supports.
g. Compliance with the transparency
requirements included in Section
25.5-10-209(6)
-(8), C.R.S. and these rules.
5. Any applicant that has not previously
functioned as a Community Centered Board shall respond to the application
process with statements of intent and plans in any area where past performance
cannot be documented.
B.
If the Department determines that the Community Centered Board is in
substantial compliance, the Community Centered Board shall receive designation.
Upon designation, a Community Centered Board shall agree by contract to meet
all requirements of Section 25.5 -10, C.R.S., all rules and the following
requirements:
1. In order to assure public
accountability, the Community Centered Board shall be under the control and
direction of a board of directors or trustees, pursuant to Section
25.5-10-209(2)(a),
C.R.S.
2. Staff members of the
Community Centered Board, employees or board members of service agencies, or
contractors to the Community Centered Board or service agencies providing
services to individuals through the specific Community Centered Board may not
serve on the governing board.
3.
Community Centered Board governing board members shall recuse themselves from
proceedings which may affect their direct or indirect financial
interests.
4. The Community
Centered Board shall notify the Department in writing within ten (10) business
days of any changes in the board of directors.
5. Each Community Centered Board shall
provide to the incoming members of its board of directors training in such
topics as the duties of a board member, the financial and fiduciary
responsibilities assumed by board members, the intellectual and developmental
disability system in the state, the overall business functions of the Community
Centered Board, and any other matters that will, in the determination of the
community centered board, allow the board member to better understand and
fulfill his or her obligations to the board of directors and the community
centered board and the role played by Community Centered Boards in the state in
connection with the delivery of services for persons with intellectual and
developmental disabilities.
a. The Community
Centered Board shall keep documentation indicating that each board member has
received training materials. This documentation and copies of all training
materials shall be provided to the department upon request.
6. The board of directors of each
designated Community Centered Board shall meet no less than once each quarter
of the calendar year.
7. Each
Community Centered Board shall provide a direct e-mail address to each member
of its board of directors on the website of the community centered board. The
e-mail address selected must specify the name of the individual board member
and make reference to the particular community centered board for which he or
she serves as a member of the board of directors.
a. An e-mail that is sent to a member of the
board of directors of a community centered board shall not be filtered by an
employee of the Community Centered Board. The CCB shall insure that all emails
addressed to a member of the board of directors are provided to that board
member.
b. In the event a board
member is unable to access a computer or needs assistance with e-mail, the
Community Centered Board shall provide appropriate assistance, including
providing e-mails in alternative formats upon request or mailing correspondence
through the U.S. postal service.
8. The board of directors or trustees shall
adopt specific bylaw provisions which ensure that they are in compliance with
all provisions of Section
25.5-10-209(2)(b),
C.R.S., and:
a. Notices of meetings of the
board of directors shall be posted in an identified public place at the
Community Centered Board.
b. The
Community Centered Board shall post the date, time, and location of each
regularly scheduled meeting of its board of directors on the website of the
Community Centered Board not less than fourteen business days prior to the date
of the meeting.
c. The Community
Centered Board shall post on the website of the Community Centered Board the
date, time, and location of any special or emergency meeting of the board of
directors not less than twenty-four hours before the meeting.
d. Each Community Centered Board shall post
the agenda for each meeting of its board of directors on the website of the
Community Centered Board not less than seven business days prior to the date of
the meeting. Agendas shall remain posted on the website for at least three
months.
e. The Community Centered
Board shall post on the website of the community centered board the agenda of
any special or emergency meeting of the board of directors not less than
twenty-four hours before the meeting. Special or emergency meeting agendas
shall remain posted on the website for at least three months.
f. The board of directors of each Community
Centered Board shall present the financial statements of the corporation for
the approval of the board at each regularly scheduled meeting of the board of
directors. The financial statements must reflect accurate and current financial
information and be prepared using generally accepted accounting principles.
Where exigent circumstances are present that materially affect the preparation
of the financial statements on a monthly basis, such statements may be
presented for the approval of the board of directors at the next regularly
scheduled meeting of the board but not less than at least once each quarter of
the calendar year.
g. Each
Community Centered Board shall post on the website of the Community Centered
Board the minutes of each meeting of its board of directors as such minutes are
approved by the board of directors. Each Community Centered Board shall also
post on the website of the Community Centered Board any additional documents
that were distributed to the board at such meeting that were not, as of that
date, already posted on the website of the Community Centered Board unless the
public distribution of such documents, or any portion of such documents, is
otherwise prohibited pursuant to the privacy requirements specified in the
health insurance portability and accountability act or as otherwise prohibited
by law. Minutes of special meetings of the board of directors must be posted
after approval by the board of the same at the board's next regular meeting.
i. Meeting minutes shall remain posted on the
website of the Community Centered Board for a minimum of three calendar years.
h. All meetings of a
quorum of the board at which any public business is discussed or at which any
formal action may be taken shall be open to the public for input. This does not
apply to those matters covered in executive session pursuant to Section
25.5-10-209(2)(b)(IV),
C.R.S.
i. Each meeting of the board must
allow for public comment, and the agenda must reflect this requirement. Public
comment must be reasonably permitted during the board meeting to accommodate
community needs.
i. This
section does not apply to any chance meeting or social gathering of the board
at which discussion of the public business of the board is not the central
purpose.
j. Any documents related
to functions of the Community Centered Board to be distributed at a meeting of
the board of directors that are available for public dissemination at the time
the agenda is posted must also be posted on the website of the Community
Centered Board at the time the agenda is posted, and written copies of such
documents must be made available for public dissemination at the board meeting.
Such documents shall remain posted on the website for at least three
months.
k. This posting requirement
does not apply to any document, or any portion of such document, the disclosure
of which requires the approval of the board of directors and which approval has
not been obtained as of the time the agenda is posted or any other document, or
any portion of such document, containing any information that is legally
prohibited from being disclosed to the public pursuant to the privacy
requirements specified in the health insurance portability and accountability
act, any document that has been or will be discussed by the board of directors
meeting in executive session, or any other document the disclosure of which is
otherwise prohibited by law.
l. Any
contract that each Community Centered Board enters into with either the
Department of Health Care Policy And Financing or the Department of Human
Services must be posted on the website of the Community Centered Board in a
place on the website that allows access to the public in a clear, accessible,
easily operated, and uncomplicated manner not later than thirty days following
approval of the contract by the board of directors of the Community Centered
Board.
i. All contracts shall remain posted
on the website for at least three calendar years.
9. Upon designation the Community
Centered Board shall within available appropriations provide or arrange for
services and supports which meet all the provisions of Section
25.5-10-209(2)(c) through
(h), C.R.S., and:
a. In accordance with reporting requirements
of the Department's data system, maintain and update records of persons
determined to be eligible for services and supports and who are receiving case
management services.
b. Provide for
case management services pursuant to Section 8.607 of these rules.
c. Notify the eligible person and, if
appropriate, their parents or guardian regarding the availability of services
and supports pursuant to requirements of Sections 8.607 and 8.605.2.
d. Establish a Human Rights Committee(s) as
required in Section 8.608.5 of these rules.
e. Devise and implement a plan for monitoring
the programmatic practices of the Community Centered Board and contracted
service agencies, pursuant to Section 8.607.6 in these rules.
C. Each Community
Centered Board shall submit annually a written long-range plan or an annual
update to that plan for its designated service area pursuant to guidelines
developed by the Department.
1. The
long-range plan or annual updates to the plan shall be developed through
collaborative community efforts, facilitated by the community centered board,
and shall include an annual public forum.
At a minimum, the designated service area planning process shall include appropriate opportunities and times for participation and input for persons with developmental disabilities who are receiving or waiting for services and supports: families who are receiving or waiting for services and supports; and service agencies under contract with the Community Centered Board.
2. Copies of the
written long-range plan or annual update must be available to the public during
business hours at a reasonable cost not to exceed the costs allowed in Section
24-72-205, C.R.S.
D. The Department shall review
each Community Centered Board to assure that it complies with the requirements
set forth in these rules.
E. The
Department will maintain a website allowing for community members to make
anonymous complaints regarding Community Centered Board transparency.
F. Community Centered Boards found to be in
violation of section
25.5-10-209, C.R.S. or these rules
shall be notified by electronic mail. Community Centered Boards shall have five
(5) business days from the date of the notification to remedy any
violation.
G.. Community Centered
Boards remaining out of compliance after five (5) business days, shall be
required to develop a corrective action plan, upon written notification by the
Department. The Community Centered Board shall submit to the Department the
written corrective action plan within ten (10) business days of the receipt of
the written request from the Department. Compliance with the corrective action
plan shall be monitored by the Department. Failure to timely submit or make
corrections specified in the corrective action plan may result in withholding
of contract payments or revocation of designation.
H. The Executive Director or designee may
revoke the designation of a Community Centered Board upon a finding that the
Community Centered Board is in violation of Section
25.5-10-101, C.R.S., et seq., as
amended, other state or federal laws, or these rules.
Revocation of the designation of the Community Centered Board shall conform to the provisions and procedures specified in Section 24-4-104, C.R.S.
I. Once a designation has been revoked, the
Executive Director or designee may designate another private corporation, for
profit or not-for-profit, to perform the case management services and
administrative duties of the Community Centered Board pending designation of a
new Community Centered Board.
J.
Any party may protest the decision of the Executive Director or designee to
designate a Community Centered Board pursuant to provisions of Section
24-4-104(5),
C.R.S.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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