House Bill 25-1325 Engrossed

A Bill for an Act

• Page 1, Line 101Concerning updating statutory references to the amended

• Page 1, Line 102definition of "eligible person".

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/.)

Statutory Revision Committee. In 2023, Senate Bill 23-261 created a new definition of "direct care consumer" and defined the term as "an eligible person, as defined in section 25.5-6-1101 (4)". That same year, Senate Bill 23-289 amended the definition of "eligible person" in section 25.5-6-1101 (4), leaving an incorrect reference to "eligible person" in Senate Bill 23-261. The bill makes technical changes to correct the incorrect reference.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 8-7.5-102, amend (3)(b), (4)(b), and (6)(b); and add (7.5) as follows:

• Page 2, Line 38-7.5-102.  Definitions. As used in this article 7.5, unless the context otherwise requires:

• Page 2, Line 4(3)  "Direct care consumer" means:

• Page 2, Line 5(b)  An eligible person; as defined in section 25.5-6-1101 (4),

• Page 2, Line 6including an eligible person who participates in the consumer-directed care service model pursuant to part 11 of article 6 of title 25.5; or

• Page 2, Line 7(4) (b)  "Direct care employer" does not include an eligible person

• Page 2, Line 8as defined in section 25.5-6-1101 (4), who participates in the

• Page 2, Line 9consumer-directed care service model pursuant to part 11 of article 6 of

• Page 2, Line 10title 25.5; except that such the eligible person is a direct care employer

• Page 2, Line 11for purposes of appointment of direct care employers to the board pursuant to section 8-7.5-103 (2)(a)(I)(B).

• Page 2, Line 12(6)  "Direct care services" means:

• Page 2, Line 13(b)  Any services described in parts 3 to 13 part 3, 4, 6, 7, 9, 11,

• Page 2, Line 1412, 13, or 19 of article 6 of title 25.5 that do not require the individual

• Page 2, Line 15providing the services to be licensed or certified by the state or the federal government in order to perform the services.

• Page 2, Line 16(7.5)  "Eligible person" means a person who is eligible to

• Page 2, Line 17receive services pursuant to part 3, 4, 6, 7, 9, 11, 12, 13, or 19 of

• Page 2, Line 18article 6 of title 25.5 or any other home- and community-based

• Page 2, Line 19service waiver for which the department of health care policy

• Page 2, Line 20and financing has federal waiver authority.

• Page 3, Line 1SECTION 2.  In Colorado Revised Statutes, 8-7.5-104, amend (4)(c) as follows:

• Page 3, Line 28-7.5-104.  Duties of the board - recommendations for

• Page 3, Line 3minimum direct care employment standards - analysis of market conditions - public outreach - report. (4)  Nothing in this section:

• Page 3, Line 4(c)  Diminishes the rights of an eligible person as defined in

• Page 3, Line 5section 25.5-6-1101 (4), participating in the consumer-directed care

• Page 3, Line 6service model pursuant to part 11 of article 6 of title 25.5 to control and

• Page 3, Line 7manage the eligible person's services, including the right to hire, fire,

• Page 3, Line 8schedule, and set wages for direct care workers who provide direct care

• Page 3, Line 9services to the eligible person within parameters set in current state and local law.

• Page 3, Line 10SECTION 3.  In Colorado Revised Statutes, 8-7.5-105, amend (1)(c)(II) as follows:

• Page 3, Line 118-7.5-105.  Notice to direct care workers - duty of direct care

• Page 3, Line 12employers - posting on state websites - board review and

• Page 3, Line 13recommendations - rules. (1) (c) (II)  The board shall provide, in an

• Page 3, Line 14accessible format, the template or sample notice described in subsection

• Page 3, Line 15(1)(c)(I) of this section to an eligible person as defined in section

• Page 3, Line 1625.5-6-1101 (4), participating in the consumer-directed care service model pursuant to part 11 of article 6 of title 25.5.

• Page 3, Line 17SECTION 4.  In Colorado Revised Statutes, 15-14-310, amend (5)(a) introductory portion as follows:

• Page 3, Line 1815-14-310.  Who may be guardian - priorities - prohibition of

• Page 3, Line 19dual roles. (5) (a)  Unless the court makes specific findings for good

• Page 3, Line 20cause shown or the person is a family caregiver as defined in section

• Page 3, Line 2125.5-10-202, C.R.S., or the person is a caregiver to an eligible person,

• Page 4, Line 1pursuant to section 25.5-6-1101 (4), C.R.S., as defined in section

• Page 4, Line 28-7.5-102, the same professional may not act as an incapacitated person's or a protected person's:

• Page 4, Line 3SECTION 5.  Act subject to petition - effective date. This act

• Page 4, Line 4takes effect at 12:01 a.m. on the day following the expiration of the

• Page 4, Line 5ninety-day period after final adjournment of the general assembly; except

• Page 4, Line 6that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 4, Line 7of the state constitution against this act or an item, section, or part of this

• Page 4, Line 8act within such period, then the act, item, section, or part will not take

• Page 4, Line 9effect unless approved by the people at the general election to be held in

• Page 4, Line 10November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.