Definitions

As used in this article 7.5, unless the context otherwise requires: (1) "Board" means the direct care workforce stabilization board created in section 8-7.5-103. (2) "Department" means the department of labor and employment created in section 24-1-121. (3) "Direct care consumer" means: (a) A home care consumer; (b) An eligible person; or (c) An eligible person with a disability, as defined in section 25.5-6-1302 (2). (4) (a) "Direct care employer" means: (I) A home care employer; or (II) A provider agency or organization that provides direct care services. (b) "Direct care employer" does not include an eligible person who participates in the consumer-directed care service model pursuant to part 11 of article 6 of title 25.5; except that the eligible person is a direct care employer for purposes of appointment of direct care employers to the board pursuant to section 8-7.5-103 (2)(a)(I)(B). (5) "Direct care industry" means the industry in which direct care workers deliver direct care services to direct care consumers in Colorado. (6) "Direct care services" means: (a) Personal care services; or (b) Any services described in part 3, 4, 6, 7, 9, 11, 12, 13, or 19 of article 6 of title 25.5 that do not require the individual providing the services to be licensed or certified by the state or the federal government in order to perform the services. (7) "Direct care worker" means: (a) A home care worker; (b) An employee or independent contractor of a direct care employer, as defined in subsection (4)(a)(II) of this section, who provides direct care services to direct care consumers, as defined in subsection (3)(b) of this section; or (c) An individual who provides direct care services to direct care consumers, as defined in subsection (3)(c) of this section. (7.5) "Eligible person" means a person who is eligible to receive services pursuant to part 3, 4, 6, 7, 9, 11, 12, 13, or 19 of article 6 of title 25.5 or any other home- and community-based service waiver for which the department of health care policy and financing has federal waiver authority. (8) "Employer organization" means: (a) An organization exempt from federal income taxation under section 501 (c)(6) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended, that represents direct care employers; or (b) An entity selected by and representing employers. (9) "Executive director" means the executive director of the department. (10) "Home care consumer" means a home care consumer, as defined in section 25-27.5-102 (4), who receives personal care services. (11) "Home care employer" means a home care agency, as defined in section 25-27.5-102 (3), or other entity that employs home care workers. (12) "Home care worker" means a worker providing personal care services to a home care consumer. (13) "Personal care services" has the same meaning as set forth in section 25-27.5-102 (6). (14) "Worker organization" means an organization that: (a) Is exempt from federal income taxation under section 501 (c)(3), (c)(4), (c)(5), or (c)(6) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended; (b) Is not dominated, controlled, or funded by any direct care employer; and (c) Has at least two years of demonstrated experience engaging and advocating for direct care workers.