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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 change that is so
Page 6, Line 2significant that it alters the essential nature of the goods,
Page 6, Line 3services, facilities, privileges, advantages, or accommodations
Page 6, Line 4offered by a state or public entity.
Page 6, Line 6(4) "Individual with a disability" means an individual with
Page 6, Line 7a disability or disabilities.
Page 6, Line 8(5) "Most integrated setting" means the setting that
Page 6, Line 9enables an individual with a disability to interact to the fullest
Page 6, Line 10extent possible with persons who do not have a disability.
Page 6, Line 11(6) "Plan" means the state's comprehensive community
Page 6, Line 12integration plan, developed pursuant to section 25.5-1-1104.
Page 6, Line 13(7) "Public or governmental entity" means:
Page 6, Line 14(a) The state or any department, board, agency,
Page 6, Line 15instrumentality, authority, or commission of the state; and
Page 6, Line 16(b) Any political subdivision of the state, including:
Page 6, Line 17(I) A county, city, or city and county;
Page 6, Line 18(II) A school district as defined in section 22-36-107;
Page 6, Line 19(III) A local improvement district as defined in section
Page 6, Line 2032-7-103;
Page 6, Line 21(IV) A law enforcement authority;
Page 6, Line 22(V) A water, sanitation, fire protection, metropolitan,
Page 6, Line 23irrigation, drainage, or other special district created pursuant
Page 6, Line 24to title 32;
Page 6, Line 25(VI) Any other municipal, quasi-municipal, or public
Page 6, Line 26corporation organized pursuant to the state constitution or
Page 6, Line 27other law; and
Page 7, Line 1(VII) Any department, board, agency, instrumentality,
Page 7, Line 2authority, or commission of a political subdivision of the state.
Page 7, Line 3(8) "Sufficient risk" means an action or lack of action by
Page 7, Line 4a public or governmental entity that will likely cause a decline
Page 7, Line 5in the health, safety, or welfare of an individual with a
Page 7, Line 6disability that would lead to the placement of the individual in
Page 7, Line 7an institution.
Page 7, Line 825.5-1-1102. Case management-based services and activities.
Page 7, Line 9Each public and governmental entity shall administer services,
Page 7, Line 10programs, and activities in the most integrated setting
Page 7, Line 11appropriate to the needs of an individual with a disability.
Page 7, Line 1225.5-1-1103. Community-based services - cutting services by
Page 7, Line 13state or public entity - plan to ameliorate risk of institutionalization
Page 7, Line 14for individuals with disabilities. (1) Each public and governmental
Page 7, Line 15entity shall provide community-based services to an
Page 7, Line 16individual with a disability when:
Page 7, Line 17(a) The services are appropriate;
Page 7, Line 18(b) The affected individual does not oppose receiving
Page 7, Line 19community-based treatment or services;
Page 7, Line 20(c) Community-based services can be reasonably
Page 7, Line 21accommodated, taking into account the resources available to
Page 7, Line 22the public or governmental entity and the needs of others in the
Page 7, Line 23community who are receiving community-based services from
Page 7, Line 24the public or governmental entity; and
Page 7, Line 25(d) There is sufficient risk of institutionalization to
Page 7, Line 26individuals with disabilities who are residing in the community
Page 7, Line 27if the services are not provided.
Page 8, Line 1(2) If the public or governmental entity cuts services, it
Page 8, Line 2shall assess whether the service cuts increase the risk of
Page 8, Line 3institutionalization for those individuals who are receiving
Page 8, Line 4services. If so, the entity shall make a plan to ameliorate the
Page 8, Line 5risk. In making such budget cuts, public and governmental
Page 8, Line 6entities have a duty to take all reasonable steps to avoid
Page 8, Line 7placing individuals with disabilities at risk of
Page 8, Line 8institutionalization.
Page 8, Line 1025.5-1-1104. Exception for fundamental alteration of an
Page 8, Line 11entity's program. (1) A public or governmental entity is not
Page 8, Line 12required to comply with this part 11 if doing so would require a
Page 8, Line 13fundamental alteration of the entity's program.
Page 8, Line 14(2) (a) The following factors must be considered for
Page 8, Line 15purposes of evaluating a fundamental alteration defense to not
Page 8, Line 16complying with this part 11:
Page 8, Line 17(I) The amount of money the public or governmental
Page 8, Line 18entity allots, spends, receives, or could receive if the entity
Page 8, Line 19applied for available federal funding to provide services to
Page 8, Line 20individuals with disabilities;
Page 8, Line 21(II) All relevant costs, not just those funded by the
Page 8, Line 22single agency that operates or funds the segregated or
Page 8, Line 23integrated setting for individuals with disabilities;
Page 8, Line 24(III) Changes in the costs of the segregated setting
Page 8, Line 25compared with changes in costs of community-based services;
Page 8, Line 26and
Page 8, Line 27(IV) Any possible transitional costs of converting from
Page 9, Line 1segregated to integrated settings for individuals with
Page 9, Line 2disabilities. Transitional costs may be considered, but are not
Page 9, Line 3determinative.
Page 9, Line 4(b) If a public or governmental entity decides to serve
Page 9, Line 5new individuals with disabilities in segregated settings after
Page 9, Line 6individuals with disabilities in a plaintiff class are moved to
Page 9, Line 7integrated settings, rather than to close or downsize the
Page 9, Line 8segregated settings, the costs associated with such a decision
Page 9, Line 9must not be included in the fundamental alteration analysis.
Page 9, Line 10SECTION 4. In Colorado Revised Statutes, amend 8-88-205 as
Page 9, Line 11follows:
Page 9, Line 128-88-205. Disability support fund. (1) There is created in the
Page 9, Line 13state treasury the disability support fund, which consists of money that
Page 9, Line 14may be appropriated or transferred to the fund by the general assembly;
Page 9, Line 15and any gifts, grants, or donations received by the department for the
Page 9, Line 16purpose of implementing this
part 2Page 9, Line 17(2) The money in the fund is subject to annual appropriation by
Page 9, Line 18the general assembly for the direct and indirect costs associated with the
Page 9, Line 19implementation of this
part 2Page 9, Line 20expended for the purpose of this section may be invested by the state
Page 9, Line 21treasurer as provided by law. All interest and income derived from the
Page 9, Line 22investment and deposit of money in the fund must be credited to the fund.
Page 9, Line 23Any unexpended and unencumbered money remaining in the fund at the
Page 9, Line 24end of a fiscal year must remain in the fund for use as provided in this
Page 9, Line 25
part 2Page 9, Line 26fund or another fund. If this section is repealed, prior to its repeal, all
Page 9, Line 27unexpended and unencumbered money remaining in the fund must be
Page 10, Line 1transferred to the general fund.
Page 10, Line 2SECTION 5. Appropriation. For the 2025-26 state fiscal year,
Page 10, Line 3$658,410 is appropriated to the department of labor and employment.
Page 10, Line 4This appropriation is from the disability support fund created in section
Page 10, Line 58-88-205 (1), C.R.S., and is based on an assumption that the department
Page 10, Line 6will require an additional 1.8 FTE. To implement this act, the department
Page 10, Line 7may use this appropriation for the Colorado disability opportunity office.
Page 10, Line 8SECTION 6. Act subject to petition - effective date. This act
Page 10, Line 9takes effect at 12:01 a.m. on the day following the expiration of the
Page 10, Line 10ninety-day period after final adjournment of the general assembly; except
Page 10, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 10, Line 12of the state constitution against this act or an item, section, or part of this
Page 10, Line 13act within such period, then the act, item, section, or part will not take
Page 10, Line 14effect unless approved by the people at the general election to be held in
Page 10, Line 15November 2026 and, in such case, will take effect on the date of the
Page 10, Line 16official declaration of the vote thereon by the governor.