Colorado's 70-Hour Caregiver Limit Exception: File by November 30
If one caregiver gives one Health First Colorado member more than 70 hours of care a week, a 70-hour caregiver limit exception request has to be submitted between November 1 and November 30, 2026.
On January 1, 2027, Colorado's weekly caregiver limit drops from 84 hours to 70 hours per caregiver, per member. Your provider agency files the request, and you can keep working your current hours while the Colorado Department of Health Care Policy & Financing (HCPF) reviews it.
Thirty days is not much time to document a care arrangement that took years to build, so start this week.
What changes on January 1, 2027
The weekly caregiver limit caps how many paid hours a single caregiver can provide to a single member across Personal Care, Homemaker, Health Maintenance Activities (HMA), and Long-Term Home Health aide and nursing services. It applies whether care is delivered through an agency, In-Home Support Services (IHSS), or Consumer-Directed Attendant Support Services (CDASS). HCPF set out the operational details in Operational Memo OM 26-043.
The limit phases down in three steps:
| Effective dates | Weekly limit per caregiver, per member |
|---|---|
| July 1 to December 31, 2026 | 84 hours |
| January 1 to June 30, 2027 | 70 hours |
| July 1, 2027 and after | 56 hours |
Two groups can skip November. Families whose caregiver was approved for an exception in Phase 1 don't need to file again; HCPF's October 2026 Provider Bulletin says the existing exception carries forward. And families already at or under 70 hours a week have nothing to submit until Phase 3.
Members can't file the request themselves unless they (or their Authorized Representative) are the CDASS employer. For agency-based care, the provider agency submits it and the case manager weighs in.
Which situations qualify for an exception
HCPF lists four categories of situations where an exception may be appropriate:
- Complex or extraordinary care needs that require continuity with one caregiver
- Workforce shortages, when the agency can't recruit a second caregiver despite real effort
- A temporary transition or stabilization period, such as the weeks after a hospital discharge
- End-of-life care
HCPF reviewers score requests with a standardized rubric, and the department has stated publicly that requests meeting the criteria in rule will be approved. HCPF's own guidance asks providers to explain why the member's needs require one caregiver to exceed the limit. Specifics carry that argument: a documented seizure pattern that only one person has been trained to manage, or a log of recruiting attempts in a rural county where no second caregiver applied.
What Caregivers First Choice (CFC) does with your request
Call us this week at (303) 800-7081. We'll check your scheduled hours against the 70-hour limit, tell you whether you need a 70-hour caregiver limit exception or a second caregiver (or both), and build the request with you, including the documentation HCPF reviewers look for.
Our 56-hour caregiver cap exception process guide walks through every phase. If an exception isn't the right fit, plan the coverage now; July 1, 2027 brings the 56-hour limit, and the Phase 3 window opens May 1.
Round 2 sustainability proposals: written feedback is still open
HCPF's Round 2 feedback sessions on the HCBS waiver and Community First Choice (CFC) benefit package ran October 27 and 28. The written feedback form is still open, and you don't have to answer every question to submit.
Round 2 covers three proposals:
- Ending the live-in caregiver exemption from Electronic Visit Verification (EVV). If you live with the person you care for, you'd clock in and out in your own home. About 32,843 members had live-in caregiver claims from May 2025 through April 2026.
- Changes to Life Skills Training, Home Delivered Meals, and Personal Care, including removing Protective Oversight and Accompaniment from Personal Care. Those tasks reach about 9,689 and 15,954 members, respectively, and the proposal includes no exception process.
- Removing eight services from certain HCBS waivers, including Community Connector and Extraordinary Cleaning for many Children's Extensive Supports (CES) families.
HCPF states on its sustainability page that no final decisions have been made. Comments have moved policy before. In June, after the Medical Services Board declined to finalize the Legally Responsible Person (LRP) Homemaker rule as written, HCPF replaced the 5-hours-per-LRP limit with 7 hours per member. Specific comments (how many members in your household, what the task actually involves, what happens if it disappears) are the ones that get used.
Medical Services Board meeting on November 13
Colorado's Medical Services Board (MSB), which adopts HCPF's rules, meets Friday, November 13. We expect results of the October 9 final votes then, including group rates for CFC Personal Care, Homemaker, and HMA delivered through IHSS.
Group rates matter if you care for two family members at the same time. HCPF proposed them to start January 1, 2027, pending federal approval, with members moving to group rates at their Continued Stay Review. HCPF's rule expects the group rate to be no less than 50% of the individual rate.
To testify in writing, email hcpf_medical_services_board@state.co.us by 5 p.m. Thursday, November 12.
Notice of Rights update: OM 26-069
On October 28, HCPF issued OM 26-069, which replaces the June memo (OM 26-048) on the same topic. It requires every direct care employer to give its caregivers a Direct Care Worker Notice of Rights and to follow the Know Your Rights training requirements created by House Bill 25-1328. The Colorado Department of Labor and Employment (CDLE) training runs on the Direct Care Careers platform, and employers have to document that each caregiver completed it.
CFC caregivers will get the updated notice from us, along with steps for the training.
Every change is in one place on our Colorado LTSS Sustainability Tracker, updated weekly.
FAQ
When is the deadline to request a 70-hour caregiver limit exception?
November 30, 2026. HCPF reviews Phase 2 requests through December 31, and the 70-hour limit takes effect January 1, 2027.
Can a family caregiver submit the exception request directly to HCPF?
Only if the member or their Authorized Representative is the CDASS employer. For agency-based care, including IHSS and agency Personal Care, Homemaker, and HMA, the provider agency submits the request.
Do I need a new request if my exception was approved in July?
No. HCPF's October 2026 Provider Bulletin says caregivers approved during Phase 1 don't need to submit again during Phase 2.
Can I keep working more than 70 hours while my request is under review?
Yes. A caregiver with a pending exception request can keep working above the weekly limit until HCPF issues a determination.
Does the 70-hour limit cut the member's authorized hours?
No. The limit applies to how many hours one caregiver can provide to one member each week. Authorized hours above the limit can be covered by a second caregiver.
What happens after the 70-hour phase?
The limit drops to 56 hours per caregiver, per member, on July 1, 2027. Members over 56 hours a week without an approved exception have a Phase 3 submission window from May 1 to May 31, 2027.
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