C.R.S. § 25.5-6-120: Home- and community-based service provider agencies - disclosure of direct care service cost ratio to administrative cost ratio - definition.

(1) As used in this section, unless the context otherwise requires, "direct care service cost to administrative cost ratio" means the percentage of medicaid services revenue that a home- and community-based service provider agency that renders base wage qualifying services spends on direct care workforce compensation and direct care service related training and supports as compared to administrative and general expenses.

(2) (a) The state department shall collect the following information from each home- and community-based service provider agency that serves more than thirty members and is subject to the base wage requirements set by the state department in rule, and may collect the following information from a home- and community-based service provider agency that serves thirty or fewer members:

(I) The total medical assistance program reimbursement and volume data for home- and community-based services that are subject to the base wage requirements, sorted by service codes and submitted separately for employees and independent contractors;

(II) Direct wages and cash compensation, which are limited to wages, overtime pay, bonuses, and other direct monetary compensation paid to direct care workers;

(III) Paid leave and employee benefits, which are limited to paid leave, health insurance, retirement contributions, and other insurance benefits, wellness support, transportation benefits, and other monetary or non-monetary employment benefits;

(IV) Employer payroll taxes and statutory employment costs, which are limited to employer payroll taxes, state unemployment insurance contributions, and federal unemployment insurance contributions;

(V) Workforce recruitment, retention, and incentive supports, which are limited to stipends, reimbursements, allowances, incentive programs, and other benefits designed to recruit, retain, and support the well-being of direct care workers;

(VI) Workforce supervision, training, and operational support, which are limited to costs related to supervising direct care workers, providing training, and maintaining workforce support services necessary for safe service delivery and regulatory compliance;

(VII) Operational and compliance costs tied to employment of direct care workers, which are limited to employer expenses necessary to recruit, employ, supervise, support, and retain direct care workers, including operational costs required to safely deliver medical assistance services and comply with medical assistance program requirements; and

(VIII) Existing base wage reporting and attestation documentation verifying that direct care worker wages meet the state base wage requirements.

(b) A home- and community-based service provider agency shall submit to the state department its direct care service cost to administrative cost ratio and the information required pursuant to this subsection (2) no later than September 30, 2027.

(3) The state department shall submit a report detailing the information collected pursuant to subsection (2) of this section to the house of representatives and senate health and human services committees and the joint budget committee, or any successor committees, no later than December 31, 2027.

(4) The data collected and published pursuant to this section must be used solely for legislative informational purposes and is not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24.