House Bill 25-1018 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning access to the department of labor and

• Page 1, Line 102employment's vocational rehabilitation services.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill makes the following changes to current law regarding individuals to whom the department of labor and employment (department) provides vocational rehabilitation services (services):

• Eliminates the requirement that an individual with a disability require financial assistance to participate;
• Allows the department to consider financial need before providing services during a period of cost containment to prevent or manage a wait list for services due to insufficient financial resources;
• Eliminates the requirement that an individual with a disability, or the individual's legally and financially responsible relative, must contribute toward the cost of their services to the extent that they are financially able; and
• To align Colorado law with federal law, eliminates the requirement that the department provide services only to individuals who are present in the state at the time of filing an application for the services and can satisfactorily achieve rehabilitation.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 8-84-106, amend

• Page 2, Line 3(3)(a), (3)(b)(II), (3)(b)(V), (3)(b)(VII), (3)(c)(I), (3)(c)(II) introductory

• Page 2, Line 4portion, and (3)(d); and add (5) as follows:

• Page 2, Line 58-84-106.  Rehabilitation of persons with disabilities -

• Page 2, Line 6vocational rehabilitation services - report - rules. (3) (a)  The

• Page 2, Line 7department shall provide vocational rehabilitation services directly or

• Page 2, Line 8through public or private instrumentalities to or for the benefit of an

• Page 2, Line 9applicant or eligible person with a disability. who:

• Page 2, Line 10(I)  Is present in the state at the time of filing an application for the

• Page 2, Line 11services; and

• Page 2, Line 12(II)  The department determines, after full investigation, can

• Page 2, Line 13satisfactorily achieve rehabilitation.

• Page 2, Line 14(b)  The department shall:

• Page 2, Line 15(II)  Authorize those services that are appropriate and necessary to

• Page 2, Line 16address the rehabilitation needs of the person with a disability, based on

• Page 2, Line 17his or her their documented disabilities and impairments, so that he or

• Page 2, Line 18she they might achieve his or her their employment outcome or goal;

• Page 3, Line 1(V)  Limit payment for services to Colorado in-state tuition or the

• Page 3, Line 2equivalent for all education and vocational schooling; except that, if the

• Page 3, Line 3department finds, through its comprehensive assessment, that the person

• Page 3, Line 4with a disability needs specialized education outside of Colorado to

• Page 3, Line 5address his or her their barriers to employment, the department may

• Page 3, Line 6authorize payment for out-of-state tuition on a case-by-case basis;

• Page 3, Line 7(VII)  Close the record of services in a timely manner and in

• Page 3, Line 8accordance with federal guidelines for a person with a disability who has

• Page 3, Line 9achieved his or her their employment outcomes or goals; and

• Page 3, Line 10(c) (I)  Except as provided in subparagraph (II) of this paragraph

• Page 3, Line 11(c) subsection (3)(c)(II) of this section, the department shall provide

• Page 3, Line 12goods or services to a person with a disability only to the extent the

• Page 3, Line 13department determines, in accordance with paragraph (d) of this

• Page 3, Line 14subsection (3) and department rules, that the person with a disability

• Page 3, Line 15requires financial assistance without consideration of financial

• Page 3, Line 16need.

• Page 3, Line 17(II)  The department may determine it is necessary to

• Page 3, Line 18consider financial need prior to the provision of vocational

• Page 3, Line 19rehabilitation services during a period of cost containment to

• Page 3, Line 20prevent or manage a wait list for services due to insufficient

• Page 3, Line 21financial resources. The department shall ensure financial need

• Page 3, Line 22testing complies with federal law. The department shall engage

• Page 3, Line 23persons with disabilities, community partners, and members of

• Page 3, Line 24the public prior to implementing a financial need test. If a

• Page 3, Line 25financial need test is implemented, the department shall provide

• Page 3, Line 26the following services at public cost without consideration of financial

• Page 3, Line 27need:

• Page 4, Line 1(d) (I) (A)  The person with a disability, or the person's legally and

• Page 4, Line 2financially responsible relative, shall contribute toward the cost of his or

• Page 4, Line 3her vocational rehabilitation services to the extent that the department

• Page 4, Line 4determines that he or she is financially able.

• Page 4, Line 5(B)  If the person with a disability has been determined eligible for

• Page 4, Line 6social security benefits under Title II or XVI of the federal "Social

• Page 4, Line 7Security Act", 42 U.S.C. sec. 301 et seq. 42 U.S.C. sec. 401 et seq. or 42

• Page 4, Line 8U.S.C. sec. 1381 et seq., as amended, he or she is they are not required

• Page 4, Line 9to further contribute to the costs of any services provided.

• Page 4, Line 10(II)  As used in this paragraph (d), a "person's legally and

• Page 4, Line 11financially responsible relative" means the relative who identifies the

• Page 4, Line 12person as a dependent for federal income tax purposes.

• Page 4, Line 13(5)  Beginning in 2026 and each year thereafter, the

• Page 4, Line 14department shall submit the following data to the senate

• Page 4, Line 15business, labor, and technology committee and the house of

• Page 4, Line 16representatives business affairs and labor committee, or their

• Page 4, Line 17successor committees, during the hearings held pursuant to the

• Page 4, Line 18"SMART Act", part 2 of article 7 of title 2:

• Page 4, Line 19(a)  The total number of individuals to whom the

• Page 4, Line 20department provided vocational rehabilitation services over

• Page 4, Line 21each of the two state fiscal years preceding the report;

• Page 4, Line 22(b)  The total number of individuals to whom the

• Page 4, Line 23department provided vocational rehabilitation services over

• Page 4, Line 24the state fiscal year preceding the report who became residents

• Page 4, Line 25of Colorado during that state fiscal year, if that data is

• Page 4, Line 26available to the department;

• Page 4, Line 27(c)  The total number of individuals to whom the

• Page 5, Line 1department provided vocational rehabilitation services over

• Page 5, Line 2the state fiscal year preceding the report who became residents

• Page 5, Line 3of another state during that state fiscal year, if that data is

• Page 5, Line 4available to the department;

• Page 5, Line 5(d)  The total number of full-time equivalent employees

• Page 5, Line 6providing vocational rehabilitation services within the division

• Page 5, Line 7of vocational rehabilitation in the department at the end of the

• Page 5, Line 8two state fiscal years preceding the report; and

• Page 5, Line 9(e)  The actual expenditures of the division of vocational

• Page 5, Line 10rehabilitation in the department for each of the two state fiscal

• Page 5, Line 11years preceding the report, including the amount of federal,

• Page 5, Line 12state, and local dollars expended for each state fiscal year.

• Page 5, Line 13SECTION 2.  Act subject to petition - effective date. This act

• Page 5, Line 14takes effect at 12:01 a.m. on the day following the expiration of the

• Page 5, Line 15ninety-day period after final adjournment of the general assembly; except

• Page 5, Line 16that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 5, Line 17of the state constitution against this act or an item, section, or part of this

• Page 5, Line 18act within such period, then the act, item, section, or part will not take

• Page 5, Line 19effect unless approved by the people at the general election to be held in

• Page 5, Line 20November 2026 and, in such case, will take effect on the date of the

• Page 5, Line 21official declaration of the vote thereon by the governor.