As used in this part 12, unless the context otherwise requires:

1. (1) Attendant means a person who is directly employed by an in-home support service agency to provide, or a family member, including a spouse, providing, in-home support services to eligible persons.
2. (2) Authorized representative means an individual designated by the eligible person receiving services, or by the parent or guardian of the eligible person receiving services, if appropriate, who has the judgment and ability to assist the eligible person receiving services in acquiring and utilizing services under this part 12. The extent of the authorized representative's involvement shall be determined upon designation. The authorized representative shall not be the eligible person's service provider.

3. (3) Eligible person means any person who:

   1. (a) Is enrolled in community first choice services pursuant to part 19 of this article 6;
   2. (b) Is willing to participate;
   3. (c) Obtains a statement from his or her primary care physician indicating that the person has sound judgment and the ability to direct his or her care, the eligible child's parent or guardian has sound judgment and the ability to direct the eligible child's care, or the person has an authorized representative; and
   4. (d) Meets any other qualifications established by the state board by rule.
4. (4) Health maintenance activities means routine and repetitive health-related tasks furnished to a member in the community or in the member's home that are necessary for the health and normal bodily functioning that a person with a disability is physically unable to carry out. Health maintenance activities includes skilled tasks typically performed by a certified nursing assistant or a licensed nurse that do not require the clinical assessment and judgment of a licensed nurse.
5. (5) In-home support service agency means an agency that is certified by the state department and provides independent living core services as defined in section 8-85-102 (6), C.R.S., and in-home support services.
6. (6) In-home support services means services that are provided in the home and in the community by an attendant under the direction of the eligible person or the eligible person's authorized representative including health maintenance activities and support for activities of daily living or instrumental activities of daily living, and personal care services and homemaker services as defined in rules promulgated by the medical services board pursuant to section 24-4-103, C.R.S.

Source: L. 2006: Entire article added with relocations, p. 1970, § 7, effective July 1. L. 2014: (3)(a) amended, (HB 14-1358), ch. 255, p. 1018, § 3, effective August 6; (1), (3)(a), and (6) amended, (HB 14-1357), ch. 254, p. 1014, § 2, effective March 1, 2015. L. 2015: (5) amended, (SB 15-240), ch. 139, p. 423, § 5, effective July 1. L. 2016: (5) amended, (SB 16-093), ch. 54, p. 132, § 5, effective July 1. L. 2019: (3)(a) amended, (SB 19-164), ch. 371, p. 3386, § 3, effective August 2. L. 2023: (3)(a) and (4) amended, (SB 23-289), ch. 270, p. 1610, § 13, effective July 1, 2025.

Editor's note: This section is similar to former § 26-4-1402 as it existed prior to 2006.

Cross references: For additional definitions applicable to this part 12, see § 25.5-4-103.