Statute and Rule Requirements

The CAPS Check requirements are outlined in statute: §26-3.1-111 C.R.S. Details on the implementation of the statute are outlined in rule: 12 CCR 2518-1, Volume 30.960.
 
Employers who are required to request a CAPS Check prior to hiring an employee, including a contractor, who will be providing direct care to at-risk adults include the following agency types. These same employers may request a CAPS check for volunteers, as well.
 
  • Agencies licensed by the Colorado Department of Public Health and Environment under Title 25 and listed below are required to request CAPS Checks:
  • Any licensed health facility (Section 25-1.5-103, C.R.S.), including those wholly owned and operated by any governmental unit.
  • A community integrated health care service agency, as defined in Section 25-3.5-1301 (1), C.R.S.,
  • More specifically, these agencies include:
    • Acute Treatment Units
    • Ambulatory Surgical Centers
    • Assisted Living Residences
    • Birth Centers
    • Community Mental Health Centers
    • Community Clinics
    • Convalescent Centers
    • End Stage Renal Disease Facilities
    • HCBS Adult Day Programs
    • HCBS Service Agencies
    • Home Care Agencies
    • Home Care Placement Agencies
    • Home Health Agencies
    • Hospice Agencies
    • Hospitals
    • Intermediate Care Facilities for Intellectually and Developmentally Disabled
    • Nursing Homes
    • Residential Treatment Agencies
  • Any adult day care facility (Section 25.5-6-303 (1), C.R.S.),
  • A community-centered board (CCB) or a program-approved service agency (PASA) providing or contracting for services and supports pursuant to Article 10 of Title 25.5, C.R.S.,
  • A Single Entry Point (SEP) agency, as described in Section 25.5-6-106, C.R.S.,
  • An Area Agency on Aging (AAA), as defined in Section 26-11-201 (2), C.R.S., and any agency or provider the Area Agency on Aging contracts with to provide services,
  • Colorado Department of Human Services:
  • Mental Health Institute (MHI) (Article 65, Title 27, C.R.S.)
  • Regional Center (RC) (Article 10.5, Title 27, C.R.S.)
  • Veterans Community Living Center (VCLC) (Article 12, Title 26, C.R.S.)
  • Office of Public Guardianship (Section 13-94-105(6), C.R.S.)
A person hiring a care provider through the Consumer-Directed Attendant Support Services (CDASS) program is allowed to request a CAPS Check, but is not required to do so.
 
It is important to note that if your agency is not on this list of employers or you are not a vendor acting on behalf of one of these employers to complete background screenings, you may NOT request a CAPS Check.