Help for
Caregivers

Press Release -- May 17, 2008

Protections for Consumers of Home Care Coming to Colorado

Denver, CO. In the 21st century, much of health care is delivered in the home setting. Patients prefer to be at home and the medical community is focusing more on delivering care outside of institutions. Insurance companies and consumers save money when patients go home to recover.

In Colorado, patients and consumers have not necessarily had the tools to get the best information about hiring agencies that provide high quality of care. In the past, home health agencies have not been licensed in Colorado.

Currently, agencies providing services to Medicare and Medicaid clients, including home and community based services, are certified by the Colorado Department of Public Heath and Environment. Certification means that agencies meet the requirements set forth by Medicare to accept federal funding, however, the enforcement is the responsibility of the Medicare.

Consumers have often found the process of finding the right home care agencies confusing. Home health agencies sometimes are known as home care agencies, registries and a myriad of other names. To date, consumers are not able to go to an impartial body to obtain information about licensure, quality and standards, with the exception of Medicare approved agencies. Consumers also do not have a place to complain if their needs are not being met.

Recognizing a significant problem and the lack of consumer protections, Senator Betty Boyd, D-Lakewood and Rep Mark Ferrandino, D-Denver successfully carried a bill to license most agencies that provide home care, which Governor Bill Ritter will be signing on June 5.

Under the new statute, home health agencies that provide skilled and non-skilled home care services which are billed to Medicare and Medicaid, as well as agencies providing “non-medical services” which are paid privately by the consumer will be licensed by January, 2011.

The new statute will allow the Department to set licensure requirements, as well as to enforce those requirements. Agencies that do not comply or operate without a license may be subject to civil penalties up to $10,000.

One group of home care agencies, namely registries, has been excluded from licensure. Registries recruit and screen home care personnel, are paid an ongoing referral fee, but the aide is paid directly by the consumer. Under this model the consumer is responsible for taxes, worker’s compensation and other benefits.

To receive a license, agencies will be subject to inspections as well as minimal education, training, and experience standards. As part of the licensure, employees will be required to conduct criminal history record check. Agencies will also be required to carry liability insurance.

Once an agency is licensed, the Department will also be able to accept and investigate complaints about quality of care, as well as delivery of services.

Consumers are invited to join the Department in writing the rules and ensuring that patients will continue to receive quality care in the home. Individuals who would like to be involved in the rule setting or who want more information can call 303-692-2800.