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 3SECTION 1. In Colorado Revised Statutes, add 8-88-102.5 as
Page 2, Line 4follows:
Page 2, Line 58-88-102.5. Comprehensive community integration plan for
Page 2, Line 6individuals with disabilities - review and assessment. (1) On or
Page 2, Line 7before September 1, 2028, CDOO shall serve as the lead agency
Page 2, Line 8responsible for developing a comprehensive community
Page 2, Line 9integration plan, referred to in this section as the "plan", for
Page 2, Line 10implementing the state's commitment to providing individuals
Page 2, Line 11with disabilities opportunities to live, work, and be served in the
Page 2, Line 12least restrictive settings possible. In developing the plan, CDOO
Page 2, Line 13shall collaborate with the department of health care policy
Page 2, Line 14and financing, the department of human services, the
Page 2, Line 15department of local affairs, other state agencies impacted by
Page 2, Line 16the plan, and stakeholders. The plan must include:
Page 2, Line 17(a) An analysis of the extent to which the state is
Page 2, Line 18providing services in the most integrated setting;
Page 2, Line 19(b) Concrete commitments to expand integrated
Page 3, Line 1opportunities for individuals with disabilities;
Page 3, Line 2(c) Specific and reasonable time frames, measurable goals,
Page 3, Line 3and benchmarks for which the state is held accountable;
Page 3, Line 4(d) Funding sources to support the plan, which may come
Page 3, Line 5from reallocating existing service money; and
Page 3, Line 6(e) Commitments concerning how the state will meet its
Page 3, Line 7goals for each group of individuals with disabilities who are
Page 3, Line 8unnecessarily segregated.
Page 3, Line 9(2) The CDOO shall review and update the plan every
Page 3, Line 10three years, beginning on September 1, 2031. Part of the review
Page 3, Line 11must be an assessment of whether the time frames, goals, and
Page 3, Line 12benchmarks set pursuant to subsection (1)(c) of this section have
Page 3, Line 13been met. If the benchmarks were not met, the updated plan must
Page 3, Line 14include a description of the barriers to implementation and how
Page 3, Line 15those barriers will be addressed.
Page 3, Line 16(3) Money for the CDOO to develop, review, and update
Page 3, Line 17the plan is limited to the money in the disability support fund
Page 3, Line 18created in section 8-88-205, and the general assembly shall not
Page 3, Line 19appropriate any money from the general fund for that purpose.
Page 3, Line 20SECTION 2. In Colorado Revised Statutes, add part 11 to article
Page 3, Line 211 of title 25.5 as follows:
Page 3, Line 22PART 11
Page 3, Line 23COMMUNITY INTEGRATION
Page 3, Line 2425.5-1-1101. Legislative declaration. (1) The general
Page 3, Line 25assembly finds and declares that:
Page 3, Line 26(a) The United States supreme court decision in Olmstead
Page 3, Line 27v. L.C., 527 U.S. 581 (1999), referred to in this part 11 as
Page 4, Line 1"Olmstead", enshrined in law the duty upon states to actively
Page 4, Line 2work toward helping individuals with disabilities transition out
Page 4, Line 3of institutions and into the community and to have
Page 4, Line 4community-based services available to decrease the risk of
Page 4, Line 5institutionalization;
Page 4, Line 6(b) Olmstead placed on states the obligation to administer
Page 4, Line 7services, programs, and activities in the most integrated setting
Page 4, Line 8appropriate to the needs of qualified individuals with
Page 4, Line 9disabilities;
Page 4, Line 10(c) Segregating individuals with disabilities in institutions
Page 4, Line 11denies those individuals the freedom to make decisions, keeps
Page 4, Line 12them apart from family and friends, and denies them
Page 4, Line 13opportunities that exist in their communities. Segregation also
Page 4, Line 14denies communities the contributions that individuals with
Page 4, Line 15disabilities make to their communities.
Page 4, Line 16(d) Community-based services are cheaper in the long run
Page 4, Line 17than institutionalization services.
Page 4, Line 18(2) The general assembly further declares that codifying
Page 4, Line 19in state law the rights that were legally recognized as federal
Page 4, Line 20law through Olmstead is crucial because:
Page 4, Line 21(a) The fundamental rights for individuals with
Page 4, Line 22disabilities to live in the least restrictive setting and to have
Page 4, Line 23access to services in the community is consistent with
Page 4, Line 24Colorado's recognition of the humanity and dignity of all
Page 4, Line 25individuals;
Page 4, Line 26(b) The Olmstead decision required states to develop an
Page 4, Line 27Olmstead plan. Colorado's plan, called the "Colorado
Page 5, Line 1community living plan", was developed more than 10 years ago
Page 5, Line 2as a collaboration between the state departments of health
Page 5, Line 3care policy and financing, human services, and local affairs. The
Page 5, Line 4plan's effectiveness has never been evaluated or updated, and
Page 5, Line 5the plan is insufficient; and
Page 5, Line 6(c) Federal law under Olmstead currently provides a
Page 5, Line 7private right of action to enforce the law. Therefore, the
Page 5, Line 8general assembly does not see a need to create a new right of
Page 5, Line 9action. However, if the Olmstead protections are weakened, we
Page 5, Line 10urge a future general assembly to strengthen these rights by
Page 5, Line 11creating a private right of action to further enforce this law
Page 5, Line 12for individuals with disabilities.
Page 5, Line 1325.5-1-1102. Definitions.As used in this part 11, unless the
Page 5, Line 14context otherwise requires:
Page 5, Line 15(1) "Community-based services" means any of the
Page 5, Line 16following:
Page 5, Line 17(a) Home health-care services authorized pursuant to
Page 5, Line 18paragraph (7) of section 1905(a) of the "Social Security Act", 42
Page 5, Line 19U.S.C. sec. 1396d(a);
Page 5, Line 20(b) Personal care services authorized pursuant to
Page 5, Line 21paragraph (24) of section 1905(a) of the "Social Security Act", 42
Page 5, Line 22U.S.C. sec. 1396d(a);
Page 5, Line 23(c) PACE services authorized pursuant to paragraph (26)
Page 5, Line 24of section 1905(a) of the "Social Security Act", 42 U.S.C. sec.
Page 5, Line 251396d(a);
Page 5, Line 26(d) Home- and community-based services authorized
Page 5, Line 27pursuant to subsections (b), (c), (i), (j), and (k) of section 1915 of
Page 6, Line 1the "Social Security Act", 42 U.S.C. sec. 1396n; services
Page 6, Line 2authorized pursuant to a waiver under section 1115 of the
Page 6, Line 3"Social Security Act", 42 U.S.C. sec. 1315; and services through
Page 6, Line 4coverage authorized under section 1937 of the "Social Security
Page 6, Line 5Act", 42 U.S.C. sec. 1396u-7;
Page 6, Line 6(e) Case management services authorized under section
Page 6, Line 71905(a)(19) of the "Social Security Act", 42 U.S.C. sec.
Page 6, Line 81396d(a)(19), and section 1915(g) of the "Social Security Act", 42
Page 6, Line 9U.S.C. sec. 1396n(g);
Page 6, Line 10(f) Rehabilitative services, including those related to
Page 6, Line 11behavioral health, described in section 1905(a)(13) of the "Social
Page 6, Line 12Security Act", 42 U.S.C. sec. 1396d(a)(13); and
Page 6, Line 13(g) Any other services specified by the United States
Page 6, Line 14secretary of health and human services.
Page 6, Line 15(2) "Disability" has the same meaning as set forth in the
Page 6, Line 16federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec.
Page 6, Line 1712101 et seq.
Page 6, Line 18(3) "Fundamental alteration" means a modification that
Page 6, Line 19 alters the essential nature of the goods, services, facilities,
Page 6, Line 20privileges, advantages, or accommodations offered by a state or
Page 6, Line 21public entity.
Page 6, Line 23(4) "Most integrated setting" and "least restrictive
Page 6, Line 24setting" both mean the setting that enables a qualified
Page 6, Line 25individual with a disability to interact to the fullest extent
Page 6, Line 26possible with persons who do not have a disability.
Page 6, Line 27(5) "Plan" means the state's comprehensive community
Page 7, Line 1integration plan, developed pursuant to section 8-88-102.5.
Page 7, Line 2(6) "Public or governmental entity" means:
Page 7, Line 3(a) The state or any department, board, agency,
Page 7, Line 4instrumentality, authority, or commission of the state; and
Page 7, Line 5(b) Any political subdivision of the state, including:
Page 7, Line 6(I) A county, city, or city and county;
Page 7, Line 7(II) A school district as defined in section 22-36-107;
Page 7, Line 8(III) A local improvement district as defined in section
Page 7, Line 932-7-103;
Page 7, Line 10(IV) A law enforcement authority;
Page 7, Line 11(V) A water, sanitation, fire protection, metropolitan,
Page 7, Line 12irrigation, drainage, or other special district created pursuant
Page 7, Line 13to title 32;
Page 7, Line 14(VI) Any other municipal, quasi-municipal, or public
Page 7, Line 15corporation organized pursuant to the state constitution or
Page 7, Line 16other law; and
Page 7, Line 17(VII) Any department, board, agency, instrumentality,
Page 7, Line 18authority, or commission of a political subdivision of the state.
Page 7, Line 19(7) "Qualified individual with a disability" has the same
Page 7, Line 20meaning as set forth in the federal "Americans with Disabilities
Page 7, Line 21Act of 1990", 42 U.S.C. sec. 12101 et seq.
Page 7, Line 2325.5-1-1103. Case management-based services and activities.
Page 7, Line 24Each public and governmental entity shall administer services,
Page 7, Line 25programs, and activities in the most integrated setting
Page 7, Line 26appropriate to the needs of a qualified individual with a
Page 7, Line 27disability.
Page 8, Line 125.5-1-1104. Community-based services - cutting services by
Page 8, Line 2state or public entity - plan to ameliorate risk of institutionalization
Page 8, Line 3for qualified individuals with disabilities. (1) Each public and
Page 8, Line 4governmental entity shall provide community-based services
Page 8, Line 5to a qualified individual with a disability when:
Page 8, Line 6(a) The services are appropriate, as determined by the
Page 8, Line 7state's treating professionals;
Page 8, Line 8(b) The affected individual does not oppose receiving
Page 8, Line 9community-based services; and
Page 8, Line 10(c) Community-based services can be reasonably
Page 8, Line 11accommodated, taking into account the resources available to
Page 8, Line 12the public or governmental entity and the needs of other
Page 8, Line 13qualified individuals withdisabilities.
Page 8, Line 15(2) If the public or governmental entity cuts services, it
Page 8, Line 16shall assess whether the service cuts increase the risk of
Page 8, Line 17institutionalization for those individuals who are receiving
Page 8, Line 18services. In making such budget cuts, public and
Page 8, Line 19governmental entities have a duty to take all reasonable steps
Page 8, Line 20to avoid placing qualified individuals with disabilities at risk of
Page 8, Line 21institutionalization.
Page 8, Line 2325.5-1-1105. Exception for fundamental alteration of an
Page 8, Line 24entity's program. (1) A public or governmental entity is not
Page 8, Line 25required to comply with this part 11 if doing so would require a
Page 8, Line 26fundamental alteration of the entity's program.
Page 8, Line 27(2) (a) The following factors must be considered for
Page 9, Line 1purposes of evaluating a fundamental alteration defense to not
Page 9, Line 2complying with this part 11:
Page 9, Line 3(I) The amount of money the public or governmental
Page 9, Line 4entity allots, spends, receives, or could receive if the entity
Page 9, Line 5applied for available federal funding to provide services to
Page 9, Line 6qualified individuals with disabilities;
Page 9, Line 7(II) All relevant costs, not just those funded by the
Page 9, Line 8single agency that operates or funds the segregated or
Page 9, Line 9integrated setting for qualified individuals with disabilities;
Page 9, Line 10(III) Changes in the costs of the segregated setting
Page 9, Line 11compared with changes in costs of community-based services;
Page 9, Line 12
Page 9, Line 13(IV) Any possible transitional costs of converting from
Page 9, Line 14segregated to integrated settings for qualified individuals with
Page 9, Line 15disabilities. Transitional costs may be considered, but are not
Page 9, Line 16determinative; and
Page 9, Line 17(V) Whether the proposed modification results in the
Page 9, Line 18reduction or delay of the receipt of community-based services
Page 9, Line 19for other individuals with disabilities.
Page 9, Line 20(b) If a public or governmental entity decides to serve
Page 9, Line 21new qualified individuals with disabilities in segregated settings
Page 9, Line 22after individuals with disabilities in a plaintiff class are moved
Page 9, Line 23to integrated settings, rather than to close or downsize the
Page 9, Line 24segregated settings, the costs associated with such a decision
Page 9, Line 25must not be included in the fundamental alteration analysis.
Page 9, Line 2625.5-1-1106. No private right of action - consistency with
Page 9, Line 27federal Olmstead standard. (1) Nothing in this part 11 creates:
Page 10, Line 1(a) A new right of action against the state of Colorado or
Page 10, Line 2other public entities; or
Page 10, Line 3(b) A standard different than that delineated in
Page 10, Line 4Olmstead, subsequent cases interpreting Olmstead, and United
Page 10, Line 5States department of justice guidance interpreting Olmstead, as
Page 10, Line 6of April 20, 2025.
Page 10, Line 7SECTION 3. In Colorado Revised Statutes, amend 8-88-205 as
Page 10, Line 8follows:
Page 10, Line 98-88-205. Disability support fund. (1) There is created in the
Page 10, Line 10state treasury the disability support fund, which consists of money that
Page 10, Line 11may be appropriated or transferred to the fund by the general assembly;
Page 10, Line 12and any gifts, grants, or donations received by the department for the
Page 10, Line 13purpose of implementing this
part 2Page 10, Line 14(2) The money in the fund is subject to annual appropriation by
Page 10, Line 15the general assembly for the direct and indirect costs associated with the
Page 10, Line 16implementation of this
part 2Page 10, Line 17expended for the purpose of this section may be invested by the state
Page 10, Line 18treasurer as provided by law. All interest and income derived from the
Page 10, Line 19investment and deposit of money in the fund must be credited to the fund.
Page 10, Line 20Any unexpended and unencumbered money remaining in the fund at the
Page 10, Line 21end of a fiscal year must remain in the fund for use as provided in this
Page 10, Line 22
part 2Page 10, Line 23fund or another fund. If this section is repealed, prior to its repeal, all
Page 10, Line 24unexpended and unencumbered money remaining in the fund must be
Page 10, Line 25transferred to the general fund.
Page 10, Line 26SECTION 4. Appropriation. For the 2025-26 state fiscal year,
Page 10, Line 27$658,410 is appropriated to the department of labor and employment.
Page 11, Line 1This appropriation is from the disability support fund created in section
Page 11, Line 28-88-205 (1), C.R.S., and is based on an assumption that the department
Page 11, Line 3will require an additional 1.8 FTE. To implement this act, the department
Page 11, Line 4may use this appropriation for the Colorado disability opportunity office.
Page 11, Line 5SECTION 5. Act subject to petition - effective date. This act
Page 11, Line 6takes effect at 12:01 a.m. on the day following the expiration of the
Page 11, Line 7ninety-day period after final adjournment of the general assembly; except
Page 11, Line 8that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 11, Line 9of the state constitution against this act or an item, section, or part of this
Page 11, Line 10act within such period, then the act, item, section, or part will not take
Page 11, Line 11effect unless approved by the people at the general election to be held in
Page 11, Line 12November 2026 and, in such case, will take effect on the date of the
Page 11, Line 13official declaration of the vote thereon by the governor.