Improve Wages And Accountability Home Care Workers

Home care agencies - department to request increase in federal reimbursement rate for certain services - minimum wage - wage pass-through requirement - training - appropriation. The act requires the department of health care policy and financing (department) to request from the federal government an increase of 8.1% in the reimbursement rate for certain services delivered to consumers through the home- and community-based services waivers. For the 2019-20 fiscal year, each home care agency (agency) shall pay 100% of the funding that results from the rate increase as compensation for employees who provide personal care services, homemaker services, and in-home support services (covered services) to consumers. For the 2020-21 fiscal year, each agency shall pay 85% of the funding that results from the rate increase as compensation for employees who provide covered services to consumers.

Within 60 days after the request for an increase in the reimbursement rate is approved, each agency shall provide written notice to each nonadministrative employee who provides covered services of the compensation to which the employee is entitled.

The act states that on and after July 1, 2020, the hourly minimum wage for persons who provide covered services for which an agency may receive reimbursement pursuant to the "Colorado Medical Assistance Act" is $12.41 per hour.

Each agency shall track and report how it used any funding resulting from the rate increase using a reporting tool developed by the department. The department may recoup from an agency part or all of the funding resulting from the rate increase if the department determines that the agency:

• Did not use 100% of any funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2019-20 fiscal year;
• Did not use 85% of the funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2020-21 fiscal year; or
• Failed to track and report how it used any funds resulting from the increase in the reimbursement rate.

The act requires the department and the department of public health and environment, in consultation with stakeholders, on or before January 1, 2020, to establish a process for reviewing and enforcing initial and ongoing training requirements for persons who provide covered services.

The act appropriates $5,682,377 to the department to implement the act.

(Note: This summary applies to this bill as enacted.)