PASAs and Right Suspension Notices

 

To: Program Approved Service Agencies   From: Behavioral Health and Community Services Section   The Colorado Department of Health Care Policy and Finance (HCPF) issued an informed consent template for rights modifications as part of OM 21-034. The informed consent template should be used by all providers and case management agencies (CMAs) effective March 1, 2021. Providers are expected to initiate and complete the form with the proposed rights modification and submit to the case manager (CM). The CM is expected to review the rights modification and consent information with the individual and ensure their understanding and informed agreement. Only the case manager may obtain the individual’s signature reflecting their informed consent. PASAs are expected to maintain a copy of the informed consent once it is developed by the CM and signed by the individual.     In addition, regulations requiring the PASA to provide notice to the individual when a rights suspension is being considered remain in effect and must also be implemented. When a rights modification includes a rights suspension, the PASA shall provide notice of the right suspension as a prelude to seeking informed consent. These regulations can be found at 8.604.3.A.1. The PASA is responsible for initiating and providing notice to the individual that a rights suspension is being considered. The notice must contain all elements as defined in section 8.600.4 of these regulations. The PASA is responsible for developing and issuing the rights suspension notice. PASAs are responsible for maintaining a copy of the rights suspension notice and the informed consent for all rights modifications in the individual’s record.      Questions can be directed to Jane Flournoy, Behavioral Health and Community Services Section Manager at jane.flournoy@state.co.us