A Bill for an Act
Page 1, Line 101Concerning a community integration plan for individuals
Page 1, Line 102with disabilities, and, in connection therewith, making
Page 1, Line 103an appropriation.
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 establishes that public and governmental entities (entities) shall administer services, programs, and activities in the most integrated setting that is appropriate to the needs of individuals with disabilities. The bill establishes when entities are required to provide home- and community-based services (services) to individuals with disabilities.
If an entity cuts services, the entity shall assess whether the service cut increases the risk of institutionalization for individuals receiving services. If so, the entity must develop a plan to reduce that risk.
The bill directs the department of health care policy and financing to develop a comprehensive community integration plan (plan) for implementing its obligation to provide individuals with disabilities with opportunities to live, work, and be served in integrated settings. The plan must be reviewed and updated every 3 years.
An entity is not required to comply with the provisions of the bill if it can establish that doing so would require a fundamental alteration of its program, services, or activities.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds and declares that:
Page 2, Line 4(a) The United States supreme court decision in Olmstead v. L.C.,
Page 2, Line 5527 U.S. 581 (1999), enshrined in law the duty upon states to actively
Page 2, Line 6work toward helping individuals with disabilities transition out of
Page 2, Line 7institutions and into the community and to have community-based
Page 2, Line 8services available to decrease the risk of institutionalization;
Page 2, Line 9(b) Olmstead placed on states the obligation to administer
Page 2, Line 10services, programs, and activities in the most integrated setting
Page 2, Line 11appropriate to the needs of qualified individuals with disabilities;
Page 2, Line 12(c) Segregating individuals with disabilities in institutions denies
Page 2, Line 13those individuals the freedom to make decisions, keeps them apart from
Page 2, Line 14family and friends, and denies them opportunities that exist in their
Page 2, Line 15communities. Segregation also denies communities the contributions that
Page 2, Line 16individuals with disabilities make to their communities.
Page 2, Line 17(d) Community-based services are cheaper in the long run than
Page 2, Line 18institutionalization services.
Page 2, Line 19(2) The general assembly further declares that codifying in state
Page 3, Line 1law the rights that were legally recognized as federal law through
Page 3, Line 2Olmstead is crucial because:
Page 3, Line 3(a) The fundamental rights for individuals with disabilities to live
Page 3, Line 4in the least restrictive setting and to have access to services in the
Page 3, Line 5community is consistent with Colorado's recognition of the humanity and
Page 3, Line 6dignity of all individuals; and
Page 3, Line 8(b) The Olmstead decision required states to develop an Olmstead
Page 3, Line 9plan. Colorado's plan, called the "Colorado community living plan", was
Page 3, Line 10developed more than 10 years ago as a collaboration between the state
Page 3, Line 11departments of health care policy and financing, human services, and
Page 3, Line 12local affairs. The plan's effectiveness has never been evaluated or
Page 3, Line 13updated, and the plan is insufficient.
Page 3, Line 14SECTION 2. In Colorado Revised Statutes, add 8-88-102.5 as
Page 3, Line 15follows:
Page 3, Line 168-88-102.5. Comprehensive community integration plan for
Page 3, Line 17individuals with disabilities - review and assessment. (1) On or
Page 3, Line 18before September 1, 2028, CDOO shall serve as the lead agency
Page 3, Line 19responsible for developing a comprehensive community
Page 3, Line 20integration plan, referred to in this section as the "plan", for
Page 3, Line 21implementing the state's commitment to providing individuals
Page 3, Line 22with disabilities opportunities to live, work, and be served in the
Page 3, Line 23least restrictive settings possible. In developing the plan, CDOO
Page 3, Line 24shall collaborate with the department of health care policy
Page 3, Line 25and financing, the department of human services, the
Page 3, Line 26department of local affairs, other state agencies impacted by
Page 3, Line 27the plan, and stakeholders. The plan must include:
Page 4, Line 1(a) An analysis of the extent to which the state is
Page 4, Line 2providing services in the most integrated setting;
Page 4, Line 3(b) Concrete commitments to expand integrated
Page 4, Line 4opportunities for individuals with disabilities;
Page 4, Line 5(c) Specific and reasonable time frames, measurable goals,
Page 4, Line 6and benchmarks for which the state is held accountable;
Page 4, Line 7(d) Funding sources to support the plan, which may come
Page 4, Line 8from reallocating existing service money; and
Page 4, Line 9(e) Commitments concerning how the state will meet its
Page 4, Line 10goals for each group of individuals with disabilities who are
Page 4, Line 11unnecessarily segregated.
Page 4, Line 12(2) The CDOO shall review and update the plan every
Page 4, Line 13three years, beginning on September 1, 2031. Part of the review
Page 4, Line 14must be an assessment of whether the time frames, goals, and
Page 4, Line 15benchmarks set pursuant to subsection (1)(c) of this section have
Page 4, Line 16been met. If the benchmarks were not met, the updated plan must
Page 4, Line 17include a description of the barriers to implementation and how
Page 4, Line 18those barriers will be addressed.
Page 4, Line 19SECTION 3. In Colorado Revised Statutes, add part 11 to article
Page 4, Line 201 of title 25.5 as follows:
Page 4, Line 21PART 11
Page 4, Line 22COMMUNITY INTEGRATION
Page 4, Line 2325.5-1-1101. Definitions.As used in this part 11, unless the
Page 4, Line 24context otherwise requires:
Page 4, Line 25(1) "Community-based services" means any of the
Page 4, Line 26following:
Page 4, Line 27(a) Home health-care services authorized pursuant to
Page 5, Line 1paragraph (7) of section 1905(a) of the "Social Security Act", 42
Page 5, Line 2U.S.C. sec. 1396d(a);
Page 5, Line 3(b) Personal care services authorized pursuant to
Page 5, Line 4paragraph (24) of section 1905(a) of the "Social Security Act", 42
Page 5, Line 5U.S.C. sec. 1396d(a);
Page 5, Line 6(c) PACE services authorized pursuant to paragraph (26)
Page 5, Line 7of section 1905(a) of the "Social Security Act", 42 U.S.C. sec.
Page 5, Line 81396d(a);
Page 5, Line 9(d) Home- and community-based services authorized
Page 5, Line 10pursuant to subsections (b), (c), (i), (j), and (k) of section 1915 of
Page 5, Line 11the "Social Security Act", 42 U.S.C. sec. 1396n; services
Page 5, Line 12authorized pursuant to a waiver under section 1115 of the
Page 5, Line 13"Social Security Act", 42 U.S.C. sec. 1315; and services through
Page 5, Line 14coverage authorized under section 1937 of the "Social Security
Page 5, Line 15Act", 42 U.S.C. sec. 1396u-7;
Page 5, Line 16(e) Case management services authorized under section
Page 5, Line 171905(a)(19) of the "Social Security Act", 42 U.S.C. sec.
Page 5, Line 181396d(a)(19), and section 1915(g) of the "Social Security Act", 42
Page 5, Line 19U.S.C. sec. 1396n(g);
Page 5, Line 20(f) Rehabilitative services, including those related to
Page 5, Line 21behavioral health, described in section 1905(a)(13) of the "Social
Page 5, Line 22Security Act", 42 U.S.C. sec. 1396d(a)(13); and
Page 5, Line 23(g) Any other services specified by the United States
Page 5, Line 24secretary of health and human services.
Page 5, Line 25(2) "Disability" has the same meaning as set forth in the
Page 5, Line 26federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec.
Page 5, Line 2712101 et seq.
Page 6, Line 1(3) "Fundamental alteration" means a modification that
Page 6, Line 2 alters the essential nature of the goods, services, facilities,
Page 6, Line 3privileges, advantages, or accommodations offered by a state or
Page 6, Line 4public entity.
Page 6, Line 6(4) "Most integrated setting" means the setting that
Page 6, Line 7enables a qualified individual with a disability to interact to
Page 6, Line 8the fullest extent possible with persons who do not have a
Page 6, Line 9disability.
Page 6, Line 10(5) "Plan" means the state's comprehensive community
Page 6, Line 11integration plan, developed pursuant to section 25.5-1-1104.
Page 6, Line 12(6) "Public or governmental entity" means:
Page 6, Line 13(a) The state or any department, board, agency,
Page 6, Line 14instrumentality, authority, or commission of the state; and
Page 6, Line 15(b) Any political subdivision of the state, including:
Page 6, Line 16(I) A county, city, or city and county;
Page 6, Line 17(II) A school district as defined in section 22-36-107;
Page 6, Line 18(III) A local improvement district as defined in section
Page 6, Line 1932-7-103;
Page 6, Line 20(IV) A law enforcement authority;
Page 6, Line 21(V) A water, sanitation, fire protection, metropolitan,
Page 6, Line 22irrigation, drainage, or other special district created pursuant
Page 6, Line 23to title 32;
Page 6, Line 24(VI) Any other municipal, quasi-municipal, or public
Page 6, Line 25corporation organized pursuant to the state constitution or
Page 6, Line 26other law; and
Page 6, Line 27(VII) Any department, board, agency, instrumentality,
Page 7, Line 1authority, or commission of a political subdivision of the state.
Page 7, Line 2(7) "Qualified individual with a disability" has the same
Page 7, Line 3meaning as set forth in the federal "Americans with Disabilities
Page 7, Line 4Act of 1990", 42 U.S.C. sec. 12101 et seq.
Page 7, Line 5(8) "Serious risk of institutionalization" means when a
Page 7, Line 6qualified individual with a disability is likely to experience a
Page 7, Line 7decline in health, safety, or welfare that would lead to the
Page 7, Line 8placement of the individual in an institution due to an action or
Page 7, Line 9lack of action by a public or governmental entity.
Page 7, Line 1025.5-1-1102. Case management-based services and activities.
Page 7, Line 11Each public and governmental entity shall administer services,
Page 7, Line 12programs, and activities in the most integrated setting
Page 7, Line 13appropriate to the needs of a qualified individual with a
Page 7, Line 14disability.
Page 7, Line 1525.5-1-1103. Community-based services - cutting services by
Page 7, Line 16state or public entity - plan to ameliorate risk of institutionalization
Page 7, Line 17for qualified individuals with disabilities. (1) Each public and
Page 7, Line 18governmental entity shall provide community-based services
Page 7, Line 19to a qualified individual with a disability when:
Page 7, Line 20(a) The services are appropriate;
Page 7, Line 21(b) The affected individual does not oppose receiving
Page 7, Line 22community-based services;
Page 7, Line 23(c) Community-based services can be reasonably
Page 7, Line 24accommodated, taking into account the resources available to
Page 7, Line 25the public or governmental entity and the needs of other
Page 7, Line 26qualified individuals with disabilities; and
Page 7, Line 27(d) The affected individual is at serious risk of
Page 8, Line 1institutionalization.
Page 8, Line 2(2) If the public or governmental entity cuts services, it
Page 8, Line 3shall assess whether the service cuts increase the risk of
Page 8, Line 4institutionalization for those individuals who are receiving
Page 8, Line 5services. If so, the entity shall make a plan to ameliorate the
Page 8, Line 6risk. In making such budget cuts, public and governmental
Page 8, Line 7entities have a duty to take all reasonable steps to avoid
Page 8, Line 8placing qualified individuals with disabilities at risk of
Page 8, Line 9institutionalization.
Page 8, Line 1125.5-1-1104. Exception for fundamental alteration of an
Page 8, Line 12entity's program. (1) A public or governmental entity is not
Page 8, Line 13required to comply with this part 11 if doing so would require a
Page 8, Line 14fundamental alteration of the entity's program.
Page 8, Line 15(2) (a) The following factors must be considered for
Page 8, Line 16purposes of evaluating a fundamental alteration defense to not
Page 8, Line 17complying with this part 11:
Page 8, Line 18(I) The amount of money the public or governmental
Page 8, Line 19entity allots, spends, receives, or could receive if the entity
Page 8, Line 20applied for available federal funding to provide services to
Page 8, Line 21qualified individuals with disabilities;
Page 8, Line 22(II) All relevant costs, not just those funded by the
Page 8, Line 23single agency that operates or funds the segregated or
Page 8, Line 24integrated setting for qualified individuals with disabilities;
Page 8, Line 25(III) Changes in the costs of the segregated setting
Page 8, Line 26compared with changes in costs of community-based services;
Page 8, Line 27
Page 9, Line 1(IV) Any possible transitional costs of converting from
Page 9, Line 2segregated to integrated settings for qualified individuals with
Page 9, Line 3disabilities. Transitional costs may be considered, but are not
Page 9, Line 4determinative; and
Page 9, Line 5(V) Whether the proposed modification results in the
Page 9, Line 6reduction or delay of the receipt of community-based services
Page 9, Line 7for other individuals with disabilities.
Page 9, Line 8(b) If a public or governmental entity decides to serve
Page 9, Line 9new qualified individuals with disabilities in segregated settings
Page 9, Line 10after individuals with disabilities in a plaintiff class are moved
Page 9, Line 11to integrated settings, rather than to close or downsize the
Page 9, Line 12segregated settings, the costs associated with such a decision
Page 9, Line 13must not be included in the fundamental alteration analysis.
Page 9, Line 14SECTION 4. In Colorado Revised Statutes, amend 8-88-205 as
Page 9, Line 15follows:
Page 9, Line 168-88-205. Disability support fund. (1) There is created in the
Page 9, Line 17state treasury the disability support fund, which consists of money that
Page 9, Line 18may be appropriated or transferred to the fund by the general assembly;
Page 9, Line 19and any gifts, grants, or donations received by the department for the
Page 9, Line 20purpose of implementing this
part 2Page 9, Line 21(2) The money in the fund is subject to annual appropriation by
Page 9, Line 22the general assembly for the direct and indirect costs associated with the
Page 9, Line 23implementation of this
part 2Page 9, Line 24expended for the purpose of this section may be invested by the state
Page 9, Line 25treasurer as provided by law. All interest and income derived from the
Page 9, Line 26investment and deposit of money in the fund must be credited to the fund.
Page 9, Line 27Any unexpended and unencumbered money remaining in the fund at the
Page 10, Line 1end of a fiscal year must remain in the fund for use as provided in this
Page 10, Line 2
part 2Page 10, Line 3fund or another fund. If this section is repealed, prior to its repeal, all
Page 10, Line 4unexpended and unencumbered money remaining in the fund must be
Page 10, Line 5transferred to the general fund.
Page 10, Line 6SECTION 5. Appropriation. For the 2025-26 state fiscal year,
Page 10, Line 7$658,410 is appropriated to the department of labor and employment.
Page 10, Line 8This appropriation is from the disability support fund created in section
Page 10, Line 98-88-205 (1), C.R.S., and is based on an assumption that the department
Page 10, Line 10will require an additional 1.8 FTE. To implement this act, the department
Page 10, Line 11may use this appropriation for the Colorado disability opportunity office.
Page 10, Line 12SECTION 6. Act subject to petition - effective date. This act
Page 10, Line 13takes effect at 12:01 a.m. on the day following the expiration of the
Page 10, Line 14ninety-day period after final adjournment of the general assembly; except
Page 10, Line 15that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 10, Line 16of the state constitution against this act or an item, section, or part of this
Page 10, Line 17act within such period, then the act, item, section, or part will not take
Page 10, Line 18effect unless approved by the people at the general election to be held in
Page 10, Line 19November 2026 and, in such case, will take effect on the date of the
Page 10, Line 20official declaration of the vote thereon by the governor.