Struck = removed from the bill ยท
added = the amendment's new text.
FirstSB164_H_APP.001 RegularNOT SessionAMENDED Seventy-secondHOUSE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionApril Includes19, All2019 AmendmentsChair Adoptedof inCommittee theDate HouseCommittee ofon IntroductionAppropriations. LLS NO.
19-0362.01After Britaconsideration Darlingon x2241the SENATEmerits, BILLthe 19-164Committee SENATErecommends SPONSORSHIPthe ToddandCrowder,following: Coram,Court,Garcia,Ginal,Priola,Rankin,Smallwood,Story,Tate, Winter HOUSE SPONSORSHIP Mullica, Senate Committees House Committees Health & Human Services Appropriations A BILL FOR AN ACT C ONCERNING THE CONTINUATION OF IN -HOME SUPPORT SERVICES WITHINTHE "C OLORADO M EDICAL A SSISTANCE A CT ", AND ,IN CONNECTION THEREWITH , IMPLEMENTING THE RECOMMENDATIONS CONTAINED IN THE 2018 SUNSET REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES .
dSB19-164 dbe Billreferred Summaryto ethe 1Committee Eof athe 2Whole Awith Ufavorable 7recommendation. (Note:
This** summary*** applies** to*** this** bill*SB164_H_APP.001* as introduced and does N i h notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill S a r R M passes third reading in the house of introduction, a bill summary that r applies to the reengrossed version of this bill will be available at 3 http://leg.colorado.gov/.) Sunset Process - Senate Health and Human Services i a 1 Committee.Thebillimplementstherecommendationsofthedepartment E R 2 T d 6 N 2 2 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
S e r Capital letters or bold & italic numbers indicate new material to be added to existing snatute.
Dashes through the words indicate deletions from existing statute.
e M A of regulatory agencies' sunset review by extending the repeal date of in-home support services for certain home- and community-based services(HCBS)waiversundertheColoradomedicalassistanceprogram by 7 years, from 2019 to 2026.
Prior to the repeal, the department of regulatory agencies shall conduct a sunset review of the program.
The bill amends the eligibility definition for in-home support services,removingthereferencetospecificHCBSwaiversandincluding those waivers for which there is state and federal authority for in-home support services.
The bill removes language relating to an obsolete reporting requirement.
Be it enacted by the General Assembly of the State of Colorado:
SECTION1.
In Colorado RevisedStatutes,amend25.5-6-1207 as follows:
25.5-6-1207.
Repeal of part.
This part 12 is repealed, effective September 1, 20192028.
Prior to such repeal, in-home support services establishedunderthispart12shallbereviewedasprovidedforinsection 24-34-104.
C.R.S.
SECTION 2.
In Colorado Revised Statutes, 24-34-104, repeal (17)(a)(X);
and add (29)(a)(V) follows:
24-34-104.
General assembly review of regulatory agencies andfunctionsforrepeal,continuation,orreestablishment-legislative declaration-repeal.(17)(a) Thefollowingagencies,functions,orboth, are scheduled for repeal on September 1, 2019:
(X) In-homesupportservicesestablishedinpart12 of article 6 of title 25.5, C.R.S.;
(29)(a) Thefollowingagencies,functions,orboth,arescheduled for repeal on September 1, 2028:
(V) I N-HOME SUPPORT SERVICES ESTABLISHED IN PART 12 OF ARTICLE 6OF TITLE 25.5.
-2- 164 SECTION3.
InColoradoRevisedStatutes,25.5-6-1202,amend (3)(a) as follows:
25.5-6-1202.
Definitions.
As used in this part 12, unless the context otherwise requires:
(3) "Eligible person" means any person who:
(a) Isenrolledinhome-andcommunity-basedservices WAIVER PROGRAM pursuant to part 3 of this article, is enrolled in the spinal cord injury waiver pilot program pursuant to part 13 of this article, or is enrolled in the disabled children care program pursuant to section 25.5-6-901THIS ARTICLE6 FOR WHICH I-HOME SUPPORT SERVICES ARE AUTHORIZED PURSUANT TO STATE AND FEDERAL LAW ;
SECTION4.
InColoradoRevisedStatutes, 25.5-6-1203,repeal (1.5) as follows:
25.5-6-1203.
In-home support services - eligibility - licensure exclusion - in-home support service agency responsibilities - rules.
(1.5) The state department shall develop a plan to expand the provision of in-home support services to include clients eligible for home- and community-based services pursuant to parts 6 and 7 of this article and home- and community-based adult supportive living services and children's extensive support servicespursuant to part 4 of this article.
On or before March 1, 2015, the state department shall report to the public healthandhumanservicescommitteeofthehouseofrepresentativesand to the health and human services committee of the senate, or any successor committees, concerning the state department's plan for providingin-homesupportservicestotheseclients,includingthetimeline for implementation of the service.
SECTION 5.
Act subject to petition - effective date.
This act -3- 164 takes effect at 12:01 a.m.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 2, 2019, if adjournment sine die is on May 3, 2019);
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-4- 164