Second Regular Session Seventy-third General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 22-0284.01 Alana Rosen x2606 HOUSE BILL 22-1035 House Committees Senate Committees Public & Behavioral Health & Human Services Health & Human Services A BILL FOR AN ACT C ONCERNING MODERNIZATION OF THE "OLDER COLORADANS' ACT".101 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 updates the "Older Coloradans' Act" (act). The purpose of the act is to support older Coloradans through community planning, social services, health and well-being services, and strategies to prepare the state's infrastructure for an increasing older population of Coloradans. The bill updates include: ! Reorganizing the commission on the aging (commission) and increasing membership from 17 to 19 in order to coordinate and implement the strategic action plan on aging SENATE 3rd Reading Unamended March 4, 2022 SENATE Amended 2nd Reading March 3, 2022 HOUSE 3rd Reading Unamended February 14, 2022 HOUSE Amended 2nd Reading February 11, 2022 HOUSE SPONSORSHIP Young and Bradfield, Amabile, Bacon, Benavidez, Bernett, Boesenecker, Caraveo, Catlin, Cutter, Esgar, Exum, Froelich, Gonzales-Gutierrez, Herod, Jodeh, Kennedy, Lindsay, Lontine, McCluskie, McCormick, McLachlan, Mullica, Roberts, Snyder, Titone, Valdez A., Valdez D. SENATE SPONSORSHIP Ginal and Rankin, Buckner, Coram, Gonzales, Jaquez Lewis, Kolker, Lee, Pettersen, Priola, Smallwood, Story, Winter, Woodward, Zenzinger Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. (plan) and to make recommendations; ! Appointing a state department of human services (state department) liaison to act as the primary contact for the commission in order to coordinate commission-related duties with the state department and other state agencies; ! Convening a technical advisory committee (committee) comprised of key state agency representatives to direct the implementations of the plan and the commission's recommendations; and ! Creating the lifelong Colorado initiative within the state department's state office on aging to coordinate strategies and implementation of the plan with the commission, committee, and key state agencies. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, amend 26-11-100.22 as follows:3 26-11-100.2. Legislative declaration. (1) The general assembly4 hereby finds and declares that:5 (a) Older Coloradans constitute a fundamental resource of this6 state. Often, their competence, experience, and wisdom are underutilized,7 and a means must be found to EFFECTIVELY use their abilities more 8 effectively for the benefit of all Coloradans. The number of persons in9 this state sixty years of age or older is increasing rapidly, and, of these10 persons, the number of women, minorities PEOPLE OF COLOR, and persons11 seventy-five years of age or older is expanding at an even greater rate.12 Among those persons seventy-five years of age or older, there is a higher13 incidence of functional disability. The social and health problems of older14 people are compounded by the lack of access to existing services and by15 the unavailability of a complete range of services in all areas of the state.16 The ability of older people to maintain self-sufficiency and personal17 well-being with the dignity to which their years of labor entitle them and18 1035-2- to realize their maximum potential as creative and productive individuals1 are matters of profound importance and concern for all Coloradans.2 (b) A STATE THAT IS WELL-ADAPTED FOR AGING IS ONE WHERE ALL3 INDIVIDUALS CAN THRIVE AND ARE ADEQUATELY SUPPORTED : A4 C OLORADO FOR ALL. COLORADO MUST SUPPORT A HIGH QUALITY OF LIFE5 FOR OLDER COLORADANS AND THEIR FAMILIES BY PROMOTING HEALTH6 AND WELL-BEING; SUPPORTING AFFORDABLE, HIGH-QUALITY, AND7 SUSTAINABLE LONG -TERM SERVICES AND SUPPORTS ; FOSTERING8 WORKFORCE DEVELOPMENT AND SELF-SUFFICIENCY; CREATING LIVABLE9 COMMUNITIES; AND INTEGRATING AGING POLICY AND PROGRAMS ACROSS10 STATE GOVERNMENT.11 (c) T O ENSURE THAT COLORADO IS THE BEST STATE IN WHICH TO12 GROW OLD, THE FOLLOWING GOALS MUST GUIDE AGING AND AGING13 SERVICES IN COLORADO:14 (I) O LDER COLORADANS ARE ABLE TO LIVE AND FULLY15 PARTICIPATE IN THEIR COMMUNITIES OF CHOICE FOR AS LONG AS POSSIBLE ;16 (II) O LDER COLORADANS ARE ABLE TO STAY ENGAGED IN THE17 LABOR FORCE OR VOLUNTEER SECTOR FOR AS LONG AS THEY WANT OR18 NEED;19 (III) O LDER COLORADANS AND THEIR FAMILIES ARE FINANCIALLY20 SECURE AND PREPARED TO MEET THE CHALLENGES OF AGING ;21 (IV) C OLORADANS ARE PREPARED FOR THE CHALLENGES OF22 CARING FOR AGED LOVED ONES AND ARE ABLE TO DO SO WITHOUT23 ENDANGERING THEIR OWN PHYSICAL , BEHAVIORAL, AND FINANCIAL24 HEALTH OR WELL-BEING OR THE HEALTH AND WELL -BEING OF THEIR25 LOVED ONES;26 (V) T RAINED WORKERS ARE SKILLED , EDUCATED, AND PAID27 1035 -3- COMMENSURATE TO THEIR ABILITIE S AND TRAINING TO MEET THE NEEDS1 OF EMPLOYERS AND INDUSTRIES SERVING AN INCREASING POPULATION OF2 OLDER COLORADANS;3 (VI) O LDER COLORADANS CAN STAY HEALTHIER LONGER4 THROUGH ACCESS TO QUALITY AND AFFORDABLE PERSON -CENTERED AND5 CULTURALLY APPROPRIATE CARE THAT ALIGNS WITH THEIR PREFERENCES6 AND VALUES;7 (VII) T HE STATE CAN MEET ITS COMMITMENT TO SUPPORT OLDER8 C OLORADANS AND THEIR FAMILIES ; AND9 (VIII) C OLORADO CAN EMPOWER AND PROTECT OLDER10 C OLORADANS FROM ABUSE , NEGLECT, EXPLOITATION, AND OTHER11 HARMFUL ACTS;12 (d) C OLORADO FACES A HISTORIC DEMOGRAPHIC SHIFT OVER THE13 NEXT FIFTY YEARS THAT WILL CREATE OPPORTUNITIES AND CHALLENGES .14 T HIS SHIFT WILL RESULT IN AN UNPRECEDENTED NUMBER OF OLDER15 WORKERS REMAINING IN THE WORKFORCE AND OLDER COLORADANS16 SHIFTING INTO RETIREMENT. THE DEMOGRAPHIC CHANGES WILL RESULT17 IN WIDE-RANGING ECONOMIC AND SOCIAL IMPACTS ON THE WORKFORCE ,18 HOUSING, TRANSPORTATION, LONG-TERM SERVICES AND SUPPORTS, AND19 HEALTH CARE. THE STATE MUST ACT TO CAPITALIZE ON THE20 OPPORTUNITIES AND ADDRESS THE CHALLENGES .21 (e) T O ENSURE THAT OLDER COLORADANS ARE PREPARED TO22 ADDRESS AGING-RELATED OPPORTUNITIES AND CHALLENGES , IT IS23 CRITICAL THAT THE STATE EMPOWER AND EDUCATE RESIDENTS FROM AN24 EARLY AGE TO PREPARE FOR THE REALITIES OF A LONG LIFE . THE STATE25 SHOULD ENCOURAGE RESIDENTS TO ENGAGE IN RETIREMENT PLANNING ,26 HEALTH AND WELLNESS PRESERVATION ACTIVITIES AND SERVICES ,27 1035 -4- LIFELONG LEARNING, CROSS-GENERATIONAL COLLABORATION , AND CIVIC1 ENGAGEMENT.2 (f) A GING IS A PERSONAL EXPERIENCE THAT VARIES FROM PERSON3 TO PERSON. COLORADANS WILL AGE DIFFERENTLY , WITH SOME REMAINING4 MENTALLY AND PHYSICALLY CAPABLE UNTIL THEY DIE AND OTHERS5 EXPERIENCING MENTAL AND PHYSICAL DISABILITIES EARLIER IN LIFE . AS6 A RESULT, OLDER COLORADANS AND THEIR FAMILIES ARE PRESENTED7 WITH VARYING OPPORTUNITIES AND CHALLENGES ACROSS THEIR LIVES .8 S OME OLDER COLORADANS WILL CONTINUE TO LIVE INDEPENDENTLY IN9 THEIR OWN HOMES WHILE OTHERS WILL REQUIRE LONG -TERM SKILLED10 NURSING CARE. IN COORDINATION WITH STATE DEPARTMENT SUBJECT11 MATTER EXPERTS, AREA AGENCIES ON AGING, LOCAL GOVERNMENTS, AND12 COMMUNITY STAKEHOLDERS , IT IS A PRIORITY OF THE GENERAL ASSEMBLY13 TO EXAMINE THE COMPLEXITY OF THESE ISSUES AND DEVELOP POLICIES14 THAT SUPPORT COMMUNITIES AND FAMILIES ACROSS COLORADO. THE15 AGING PROCESS IS FURTHER IMPACTED BY HISTORICAL DISPARITIES ,16 INCLUDING BUT NOT LIMITED TO STRUCTURAL RACISM , SEXISM, AND17 AGEISM. THE SOCIAL AND HEALTH PROBLEMS OF OLDER COLORADANS ARE18 COMPOUNDED BY LIMITED PREPARATION FOR AN INCREASE IN LIFE19 EXPECTANCY AND LACK OF ACCESS TO SERVICES , OR THE UNAVAILABILITY20 OF SERVICES, THROUGHOUT THE STATE. IT IS OF PROFOUND IMPORTANCE21 FOR ALL COLORADANS THAT OLDER COLORADANS MAINTAIN22 SELF-SUFFICIENCY AND PERSONAL WELL -BEING, HAVE ACCESS TO23 NECESSARY SERVICES AND SUPPORTS , AND REALIZE THEIR MAXIMUM24 POTENTIAL AS CREATIVE AND PRODUCTIVE INDIVIDUALS .25 (2) (a) The general assembly further declares that it is the policy26 of this state: To protect older Coloradans from abuse, neglect, or27 1035 -5- exploitation; to involve older Coloradans in the planning and operation1 of all programs and services that may affect them; to encourage agencies2 at all levels of government, as well as in the private sector, to develop3 alternative services and forms of care that would provide a range of4 services to be delivered in the community and in the home and that would5 facilitate access to other services which support independent living and6 prevent unnecessary institutionalization; to give priority in planning7 services and programs to those older Coloradans with the greatest8 economic need or the greatest social need; and to facilitate and encourage9 joint program planning and policy development among state and local10 agencies which recognize and strengthen the community and personal11 support networks to which people belong and on which they depend and12 which administer programs and deliver services to the older population.13 T HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS COLORADO'S14 POLICY TO:15 (I) EMPOWER AND PROTECT OLDER COLORADANS FROM ABUSE ,16 NEGLECT, EXPLOITATION, AND OTHER HARMFUL ACTS;17 (II) MEANINGFULLY INVOLVE OLDER COLORADANS IN THE18 PLANNING AND OPERATION OF ALL PROGRAMS AND SERVICES THAT MAY19 AFFECT THEM;20 (III) E NCOURAGE AGENCIES AT ALL LEVELS OF GOVERNMENT , AS21 WELL AS THE PRIVATE SECTOR, TO DEVELOP ALTERNATIVE SERVICES AND22 FORMS OF CARE THAT PROVIDE A RANGE OF SERVICES TO BE DELIVERED IN23 THE COMMUNITY AND HOME THAT SUPPORT INDEPENDENT LIVING AND24 PREVENT UNNECESSARY INSTITUTIONALIZATION ;25 (IV) R EDUCE HEALTH DISPARITIES AND SUPPORT AGING ACROSS AN26 INDIVIDUAL'S LIFESPAN;27 1035 -6- (V) PRIORITIZE PLANNING SERVICES AND PROGRAMS FOR OLDER1 C OLORADANS WITH THE GREATEST ECONOMIC OR SOCIAL NEEDS ;2 (VI) A CKNOWLEDGE AND REMOVE BARRIERS TO ENSURE3 PROGRAMS, SERVICES, PROJECTS, POLICIES, PROCEDURES, AND RESOURCES4 ARE INCLUSIVE OF ALL OLDER COLORADANS, PARTICULARLY THOSE WHO5 ARE MOST UNDERSERVED ;6 (VII) R ECOGNIZE THAT PREPARING ALL COLORADANS FOR THE7 DIFFERENT FACETS OF A LONGER LIFE IS PART OF THE STATE 'S8 RESPONSIBILITY; AND9 (VIII) F ACILITATE AND ENCOURAGE JOINT PROGRAM PLANNING10 AND POLICY DEVELOPMENT AMONG STATE, REGIONAL, AND LOCAL11 GOVERNMENT TO PROMOTE INNOVATION , EFFICIENCY, AND MAXIMIZE12 RESOURCES;13 (b) I N ORDER TO SUPPORT OLDER COLORADANS, THE GENERAL14 ASSEMBLY FINDS THAT A CITIZEN-LED, MULTIDISCIPLINARY STAKEHOLDER15 COMMISSION, COMPRISED OF REPRESENTATIVES FROM BOTH THE PUBLIC16 AND PRIVATE SECTORS, IS NEEDED TO COORDINATE AND CONTRIBUTE TO17 GUIDING STATE PROGRAMS, SERVICES, PROJECTS, POLICIES, PROCEDURES,18 AND RESOURCES IN THE AREA OF AGING .19 SECTION 2. In Colorado Revised Statutes, amend 26-11-101 as20 follows:21 26-11-101. Commission on aging - created - definition.22 (1) (a) There is hereby created in the state department the Colorado23 commission on the aging, referred to in this article ARTICLE 11 as the24 "commission", which shall consist of seventeen members appointed by25 the governor, with the consent of the senate. Two members shall be26 appointed from each congressional district of the state, one of whom shall27 1035 -7- be from each major political party, and, after July 1, 1976, and thereafter1 when a vacancy occurs, one of such members shall be from west of the2 continental divide. A vacancy on the commission occurs whenever any3 member moves out of the congressional district from which he or she was4 appointed. Any member who moves out of such congressional district5 shall promptly notify the governor of the date of such move, but such6 notice is not a condition precedent to the occurrence of the vacancy. The7 governor shall fill the vacancy as provided in subsection (2) of this8 section. Appointments made to take effect on January 1, 1983, shall be9 made in accordance with section 24-1-135, C.R.S. No more than nine10 members of the commission shall be members of the same major political11 party. One member shall be appointed from the state at large, one member12 shall be appointed from among the membership of the senate, and one13 member shall be appointed from among the membership of the house of14 representatives. Appointments to the commission shall comply with the15 requirements of the rules and regulations of the United States department16 of health and human services promulgated pursuant to Public Law 93-29,17 known as the "Older Americans Comprehensive Services Amendments18 of 1973", as such rules and regulations appear in section 903.50 (c) of19 title 45 of the code of federal regulations. In making appointments to the20 commission, the governor is encouraged to include representation by at21 least one member who is a person with a disability, a family member of22 a person with a disability, or a member of an advocacy group for persons23 with disabilities, provided that the other requirements of this subsection24 (1) are met FOR THE PURPOSE OF COORDINATING AND GUIDING THE25 IMPLEMENTATION OF THE STRATEGIC ACTION PLAN ON AGING , DEVELOPED26 PURSUANT TO SECTION 24-32-3406, AND OTHER STRATEGIES THE27 1035 -8- COMMISSION MAY IDENTIFY THAT SUPPORT OLDER COLORADANS. THE1 COMMISSION SHALL CONSIST OF NINETEEN MEMBERS WHO MUST BE2 APPOINTED AS FOLLOWS:3 (I) O NE MEMBER FROM THE COLORADO SENATE, APPOINTED BY4 THE PRESIDENT OF THE SENATE;5 (II) O NE MEMBER FROM THE COLORADO HOUSE OF6 REPRESENTATIVES, APPOINTED BY THE SPEAKER OF THE HOUSE OF7 REPRESENTATIVES; AND8 (III) S EVENTEEN MEMBERS APPO INTED BY THE GOVERNOR , WITH9 THE CONSENT OF THE SENATE, AS FOLLOWS:10 (A) O NE MEMBER FROM EACH CONGRESSIONAL DISTRICT OF THE11 STATE;12 (B) O NE MEMBER WHO IS A REPRESENTATIVE OF HIGHER13 EDUCATION OR THE COLORADO COMMUNITY COLLEGE SYSTEM ;14 (C) O NE MEMBER WHO IS A DIRECTOR OF AN AREA AGENCY ON15 AGING, AS DESCRIBED IN SECTION 26-11-204;16 (D) O NE MEMBER WITH EXTENSIVE KNOWLEDGE OF WORKFORCE17 ISSUES IMPACTING OLDER COLORADANS;18 (E) O NE MEMBER WHO REPRESENTS A LONG -TERM RESIDENTIAL19 CARE SETTING;20 (F) O NE MEMBER WHO REPRESENTS COLORADANS LIVING WITH21 DEMENTIA;22 (G) O NE MEMBER WHO REPRESENTS AN ORGANIZATION PROVIDING23 HOME- AND COMMUNITY-BASED SERVICES;24 (H) O NE MEMBER WITH EXTENSIVE KNOWLEDGE OF OR25 EXPERIENCE WITH TRANSPORTATION INFRASTRUCTURE AND SERVICES ;26 (I) O NE MEMBER WHO REPRESENTS THE HOUSING SECTOR ; AND27 1035 -9- (J) ONE MEMBER OF THE PUBLIC POLICY OR ELDER LAW1 COMMUNITY WITH EXTENSIVE KNOWLEDGE OF AND EXPERIENCE WITH2 AGING POLICY OR ELDER RIGHTS ISSUES.3 (b) I N MAKING APPOINTMENTS PURSUANT TO SUBSECTION4 (1)(a)(III) OF THIS SECTION, THE GOVERNOR SHALL APPOINT NO MORE5 THAN A MINIMUM MAJORITY OF COMMISSION MEMBERS AFFILIATED WITH6 THE SAME POLITICAL PARTY. IN MAKING APPOINTMENTS, THE GOVERNOR7 SHALL SELECT:8 (I) M EMBERS WHO REPRESENT DIVERSE RACIAL , CULTURAL,9 SOCIOECONOMIC, GENDER, AND ABILITY GROUPS, AND INDIVIDUALS10 RECEIVING COMMUNITY-BASED SOCIAL OR MEDICAL SERVICES THAT11 SUPPORT INDEPENDENT LIVING;12 (II) F OR THE CONGRESSIONAL DISTRICT MEMBERS , AT LEAST ONE13 MEMBER WHO IS SIXTY YEARS OF AGE OR OLDER , OR WHO IS A PERSON14 LIVING WITH A DISABILITY, OR WHO HAS A FAMILY MEMBER LIVING WITH15 A DISABILITY;16 (III) A T LEAST ONE MEMBER WHO REPRESENTS RURAL OR17 FRONTIER AREAS OF THE STATE;18 (IV) A T LEAST ONE REPRESENTATIVE FROM A LOCAL19 GOVERNMENT; AND20 (V) A T LEAST ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY21 IN ORDER TO CONSIDER THE POTENTIAL FOR INITIATIVES DEVELOPED IN22 THE PRIVATE, FOR-PROFIT SECTOR.23 (c) A PPOINTMENTS TO THE COMMISSION MUST COMPLY WITH THE24 RULES PROMULGATED BY THE UNITED STATES DEPARTMENT OF HEALTH25 AND HUMAN SERVICES PURSUANT TO THE FEDERAL "OLDER AMERICANS26 C OMPREHENSIVE SERVICES AMENDMENTS OF 1973", PUB.L. 93-29, AS27 1035 -10- AMENDED.1 (2) (a) All members of the commission shall be appointed for2 terms of four years each, commencing July 1 in the year of appointment.3 Appointments to fill vacancies shall be for the unexpired term of the4 vacated office and shall be made in the same manner as original5 appointments. Whenever a member of the senate or house of6 representatives serving as a member of the commission ceases to hold his7 office in the senate or house of representatives, a vacancy on the8 commission shall occur, and the governor shall fill the vacancy by the9 appointment of a similarly qualified person who at the time is holding10 office, as the case may be, in the senate or house of representatives. A11 MINIMUM MAJORITY OF THE COMMISSION MEMBERS SHALL BE APPOINTED12 FOR AN INITIAL TERM OF TWO YEARS EACH AND THE REMAINING13 COMMISSION MEMBERS SHALL BE APPOINTED FOR AN INITIAL TERM OF14 THREE YEARS EACH. THE GOVERNOR SHALL INDICATE WHETHER THE15 APPOINTED PERSON IS SERVING A TWO -YEAR TERM OR A THREE -YEAR16 TERM. APPOINTMENTS MADE AFTER THE EXPIRATION OF THE INITIAL TERM17 ARE THREE-YEAR TERMS. IF A VACANCY ON THE COMMISSION OCCURS , THE18 GOVERNOR SHALL APPOINT A NEW MEMBER FROM THE APPROPRIATE19 REPRESENTATIVE GROUP TO SERVE THE REMAINDER OF THE MEMBER 'S20 TERM. NO MEMBER MAY SERVE MORE THAN TWO FULL CONSECUTIVE21 TERMS.22 (b) T HE TERMS OF PRESENT MEMBERS APPOINTED PURSUANT TO23 THIS SECTION EXPIRE ON AUGUST 31, 2022. THE GOVERNOR SHALL24 APPOINT NEW MEMBERS PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION25 AND THE APPOINTMENTS ARE EFFECTIVE SEPTEMBER 1, 2022.26 (3) AS USED IN THIS SECTION, "MINIMUM MAJORITY" MEANS THE27 1035 -11- LOWEST NUMBER OF MEMBERS THAT IS MORE THAN HALF OF ALL1 COMMISSION MEMBERS.2 SECTION 3. In Colorado Revised Statutes, amend 26-11-102 as3 follows:4 26-11-102. Organization of commission. (1) The commission5 shall elect AN EXECUTIVE COMMITTEE from its membership, INCLUDING6 a chairman CHAIR, a vice-chairman VICE-CHAIR, and such other officers7 as it deems necessary. The vice-chairman VICE-CHAIR shall act as8 chairman CHAIR in the absence OF or disability AT THE DIRECTION of the9 chairman CHAIR. The commission shall meet IN PERSON OR VIRTUALLY on10 call of the chairman CHAIR but not less than once every three months A11 MONTH. A majority of the members of the commission shall constitute12 CONSTITUTES a quorum for the transaction of business. THE EXECUTIVE13 COMMITTEE IS RESPONSIBLE FOR COORDINATING WITH THE STATE OFFICE14 ON AGING ESTABLISHED IN SECTION 26-11-202, RELEVANT STATE15 AGENCIES, AND MEMBERS OF THE GENERAL ASSEMBLY .16 (2) (a) T HE COMMISSION MAY ESTABLISH STANDING17 SUBCOMMITTEES TO SUPPORT THE IMPLEMENTATION OF THE STRATEGIC18 ACTION PLAN ON AGING, DEVELOPED PURSUANT TO SECTION 24-32-3406,19 AND WORK RELATED TO THE LIFELONG COLORADO INITIATIVE20 ESTABLISHED IN PART 3 OF THIS ARTICLE 11. THE SUBCOMMITTEE TOPICS21 MAY INCLUDE, BUT ARE NOT LIMITED TO:22 (I) W ORKFORCE OPPORTUNITIES FOR OLDER COLORADANS;23 (II) T HE DIRECT-CARE WORKFORCE;24 (III) H OUSING OPTIONS FOR OLDER COLORADANS;25 (IV) A GE-FRIENDLY, AFFORDABLE, AND LIVABLE COMMUNITIES;26 (V) H EALTH CARE;27 1035 -12- (VI) CHRONIC DISEASE PREVENTION AND MAINTENANCE ;1 (VII) B EHAVIORAL HEALTH;2 (VIII) L IFELONG LEARNING;3 (IX) R ETIREMENT SECURITY;4 (X) L EGISLATIVE AND LOCAL GOVERNMENT AFFAIRS ;5 (XI) T RANSPORTATION; 6 (XII) DISPARITIES AMONG OLDER COLORADANS;7 (XIII) ELDER RIGHTS; AND8 (XIV) INNOVATION AND TECHNOLOGY .9 (b) E ACH STANDING SUBCO MMITTEE MUST BE CHAIRED BY A10 MEMBER OF THE COMMISSION BUT MAY INCLUDE MEMBERSHIP BEYOND11 COMMISSION MEMBERS , INCLUDING MEMBERS OF THE GENERAL PUBLIC12 WHO VOLUNTEER TO PARTICIPATE IN A SPECIFIC SUBCOMMITTEE .13 N ONCOMMISSION MEMBERS MAY BE CO -CHAIRS OR VICE-CHAIRS. THE14 MEMBERSHIP SELECTION PROCESS MAY BE DETERMINED IN THE15 COMMISSION BYLAWS.16 SECTION 4. In Colorado Revised Statutes, amend 26-11-104 as17 follows:18 26-11-104. Director - liaison and staff. (1) Pursuant to section19 13 of article XII of the state constitution, the executive director shall20 appoint the director of the commission and such clerical and professional 21 staff as may be necessary to carry out the purposes of this article. The22 director of the commission shall be the chief administrative officer for the23 commission and shall be a person who is professionally qualified to24 assume the responsibilities of the position A STATE DEPARTMENT LIAISON25 TO THE COMMISSION AND ADMINISTRATIVE STAFF AS NECESSARY TO26 CARRY OUT THE DUTIES OF THE POSITION . THE STATE DEPARTMENT27 1035 -13- LIAISON MUST BE PROFESSIONALLY QUALIFIED TO ASSUME THE1 RESPONSIBILITIES OF THE POSITION, BE THE PRIMARY CONTACT FOR THE2 COMMISSION, AND COORDINATE COMMISSION -RELATED DUTIES WITH THE3 STATE DEPARTMENT AND THE COMMISSION 'S EXECUTIVE COMMITTEE4 DESCRIBED IN SECTION 26-11-102 (1).5 (2) S UBJECT TO AVAILABLE APPROPRIATIONS, THE COMMISSION, IN6 COORDINATION WITH THE STATE DEPARTMENT , MAY CONTRACT WITH A7 THIRD-PARTY ORGANIZATION TO SERVE AS INDEPENDENT STAFF TO THE8 COMMISSION IN ORDER TO COORDINATE WITH THE STATE DEPARTMENT9 LIAISON AND THE LIAISON'S STAFF, PROVIDE ADMINISTRATIVE SUPPORT10 FOR THE COMMISSION'S PURPOSE AND DUTIES, AND CARRY OUT OTHER11 FUNCTIONS THE COMMISSION ASSIGNS .12 (3) THE COMMISSION MAY SEEK, ACCEPT, AND EXPEND GIFTS,13 GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE14 PURPOSES OF THIS SECTION TO SUPPORT GENERAL OPERATIONS, SPECIAL15 PROJECTS, RESEARCH, AND STAFFING NEEDS.16 SECTION 5. In Colorado Revised Statutes, amend 26-11-105 as17 follows:18 26-11-105. Duties of commission - report. (1) The commission,19 through its director EXECUTIVE COMMITTEE DESCRIBED IN SECTION20 26-11-102 (1); IN COORDINATION WITH THE STATE DEPARTMENT LIAISON21 TO THE COMMISSION, APPOINTED PURSUANT TO SECTION 26-11-104; AND22 IN COORDINATION WITH INDEPENDENT STAFF , CONTRACTED PURSUANT TO23 SECTION 26-11-104, shall carry out the following purposes DUTIES:24 (a) S ERVE AS THE PRINCIPAL ADVOCACY BODY IN THE STATE ON25 BEHALF OF OLDER COLORADANS, INCLUDING BUT NOT LIMITED TO26 PARTICIPATING AS AN ADVISOR IN THE DEVELOPMENT AND27 1035 -14- CONSIDERATION OF LEGISLATION, AND REGULATIONS MADE BY STATE AND1 FEDERAL DEPARTMENTS AND AGENCIES , RELATING TO PROGRAMS AND2 SERVICES THAT AFFECT OLDER COLORADANS;3 (b) C OORDINATE AND IMPLEMENT THE STRATEGIC ACTION PLAN ON4 AGING RECOMMENDATIONS , DEVELOPED PURSUANT TO SECTION5 24-32-3406, AND ADDITIONAL RECOMMENDATIONS THE COMMISSION6 MAKES;7 (a) (c) Conduct, and encourage other PRIVATE AND NONPROFIT8 organizations AND STATE, REGIONAL, AND LOCAL GOVERNMENT AGENCIES9 to conduct, studies of the problems of the state's older people CONDUCT10 RESEARCH AND ANALYSIS RELATED TO THE STATE 'S AGING POPULATION;11 (b) (d) Assist governmental and private agencies to coordinate12 their efforts on behalf of the aging and aged OLDER COLORADANS in order13 that such efforts be effective and that duplication and waste of effort be14 eliminated;15 (c) (e) Promote and aid in the establishment of FEDERAL, STATE,16 REGIONAL, AND local POLICIES, programs, and services for the aging and17 aged THAT SUPPORT AND EMPOWER OLDER COLORADANS AND THEIR18 CAREGIVERS, WHO ARE EITHER PAID OR UNPAID. The commission shall19 assist governmental and private agencies by designing surveys that may20 be used locally AT THE LOCAL, REGIONAL, OR STATE LEVEL to determine21 needs of older people; by recommending the creation OR MODIFICATION22 of POLICIES, PROGRAMS, AND services TO MEET IDENTIFIED NEEDS; by23 collection and distribution of information on aging; and by assisting24 public and private organizations in all ways the commission may deem25 appropriate.26 (d) (f) Conduct promotional activities and programs of public27 1035 -15- education on problems of the RELEVANT TO aging;1 (e) (g) Review existing programs for the aging and make2 recommendations to the governor and the general assembly for3 improvements in such programs; REVIEW EXISTING POLICIES AND4 PROGRAMS ACROSS STATE AGENCIES , AND ON OR BEFORE SEPTEMBER 1,5 2023, AND ON OR BEFORE SEPTEMBER 1 EACH YEAR THEREAFTER, DRAFT6 AN ANNUAL REPORT OF ISSUES AND RECOMMENDATIONS DEVELOPED BY7 THE COMMISSION THAT SUPPORT THE IMPLEMENTATION OF STRATEGIES IN8 ALIGNMENT WITH THE STRATEGIC ACTION PLAN ON AGING DEVELOPED9 PURSUANT TO SECTION 24-32-3406, THE LIFELONG COLORADO INITIATIVE10 CREATED PURSUANT TO SECTION 26-11-302, AND OTHER11 RECOMMENDATIONS THAT THE COMMISSION MAKES . THE COMMISSION12 SHALL SUBMIT THE ANNUAL REPORT TO THE GOVERNOR , EXECUTIVE13 DIRECTORS OF IMPACTED AGENCIES , AND THE GENERAL ASSEMBLY .14 (f) (h) Advise and make recommendations to the state department15 and the state office on aging, created pursuant to part 2 of this article, on16 the problems of and programs and services for the aging and aged.17 I DENTIFY AND MAKE RECOMMENDATIONS TO IMPACTED STATE AGENCIES18 ON ACUTE CONCERNS IMPACTING OLDER COLORADANS THAT ARISE DUE TO19 PUBLIC HEALTH EMERGENCIES , NATURAL DISASTERS , HISTORICAL20 DISPARITIES SUCH AS RACISM, OR OTHER ISSUES TIED DIRECTLY TO21 CURRENT EVENTS THAT REQUIRE IMMEDIATE PROBLEM SOLVING AND22 ADVOCACY;23(g) (i) (I) Study and make recommendations to ensure that people24 who are released from prison who are sixty-five years of age or older are25 able to access health insurance after release, including:26 (A) Health insurance options that might be available, including27 1035 -16- medicare, medicaid, social security, the old age pension fund, or any other1 potential options for health-care insurance, and any eligibility criteria that2 may uniquely impact a formerly incarcerated population;3 (B) Enrollment processes for each health insurance option and the4 cost for each option;5 (C) Processes the department of corrections would need to have6 in place, both prior to release and after release, to ensure people sixty-five7 years of age or older are able to enroll in affordable health insurance upon8 release;9 (D) Potential challenges, gaps, or resources needed to ensure that10 inmates sixty-five years of age or older have health insurance upon11 release; and12 (E) Any other recommendations relevant to improving health-care13 access for people sixty-five years of age or older after release from14 prison.15 (II) On or before January 1, 2022, the commission shall provide16 a report with its findings and recommendations pursuant to this17 subsection (1)(g) to the judiciary and health and insurance committees of18 the house of representatives and the judiciary and health and human19 services committees of the senate, or any successor committees. The20 department of human services shall post the report on the Colorado21 commission on aging's website. 22 (i) CONTRIBUTE DIRECTLY TO ADDITIONAL AND ONGOING23 ANALYSIS AND IMPLEMENTATION OF THE STRATEGIC PLAN ON AGING24 DEVELOPED PURSUANT TO SECTION 24-32-3406 AND ALIGNED WITH THE25 LIFELONG COLORADO INITIATIVE ESTABLISHED IN PART 3 OF THIS ARTICLE26 11; AND27 1035 -17- (j) DEVELOP LEGISLATIVE AND ADMINISTRATIVE PROPOSALS IN1 COORDINATION WITH STATE DEPARTMENT LIAISONS AND LEGISLATIVE2 DESIGNEES AND COORDINATE ADVOCACY EFFORTS WITH APPROPRIATE3 COMMUNITY STAKEHOLDERS .4 5 SECTION 6. In Colorado Revised Statutes, 26-11-201, amend6 (6) as follows:7 26-11-201. Definitions. As used in this part 2, unless the context8 otherwise requires:9 (6) "Greatest social need" means the need caused by noneconomic10 factors, which include physical and mental disabilities, language barriers,11 and cultural or social isolation, including that caused by racial and ethnic12 status, which AS ASSOCIATED WITH THE FEDERALLY PROTECTED CLASS13 STATUSES RECOGNIZED BY SECTION 504 OF THE FEDERAL14 "R EHABILITATION ACT OF 1973", 29 U.S.C. SEC. 794, AS AMENDED; THE 15 FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.16 12101 ET SEQ., AS AMENDED; AND TITLE VII OF THE FEDERAL "CIVIL 17 R IGHTS ACT OF 1964", 42 U.S.C. SEC. 2000e ET SEQ., AS AMENDED, THAT 18 restrict an individual's ability to perform normal daily tasks or which19 THAT threaten his AN INDIVIDUAL'S capacity to live independently.20 SECTION 7. In Colorado Revised Statutes, amend 26-11-203 as21 follows:22 26-11-203. Duties of the state office. (1) In addition to such23 other duties and functions as the executive director may allocate to the24 state office, the state office shall have the following duties and functions:25 (a) T O BE THE LEADER CONCERNING AGING ISSUES ON BEHALF OF26 ALL OLDER COLORADANS WHILE ACTING IN COORDINATION WITH OTHER27 1035 -18- STATE DEPARTMENTS AND AGENCIES , AS APPROPRIATE;1 (b) T O CARRY OUT A WIDE RANGE OF FUNCTIONS RELATED TO2 ADVOCACY, PLANNING, COORDINATION, INTERAGENCY COLLABORATION ,3 INFORMATION SHARING, AND MONITORING AND EVALUATING TO DEVELOP4 AND ENHANCE A COMPREHENSIVE AND COORDINATED STATE - AND5 COMMUNITY-BASED SYSTEM TO ASSIST OLDER COLORADANS TO LEAD6 INDEPENDENT, MEANINGFUL, AND DIGNIFIED LIVES IN THE RESIDENTIAL7 SETTINGS OF THEIR OWN CHOICE;8 (a) (c) To develop and administer a state plan on aging, which9 includes input from area agencies on aging DEVELOPED IN10 ACCORDANCE WITH FEDERAL GUIDELINES, WITH ADDITIONAL CONTENT TO11 THE PLAN TO BE DETERMINED COLLABORATIVELY BETWEEN THE STATE12 OFFICE, THE COMMISSION, AND THE TECHNICAL ADVISORY COMMITTEE13 CONVENED IN THE STATE OFFICE PURSUANT TO SUBSECTION (1)(k) OF THIS14 SECTION. THE ADDITIONAL CONTENT TO THE PLAN REFLECTS THE15 COMPREHENSIVE IMPACTS AND PLANNING ASSOCIATED WITH COLORADO'S16 DEMOGRAPHICS. 17 (b) (d) To establish a process that encourages local, regional, and18 statewide participation in the development stages of the state plan on19 aging, which shall be coordinated with the area agencies on aging, the20 commission established under PURSUANT TO part 1 of this article ARTICLE21 11, and other persons or entities involved in programs for older persons;22 (c) (e) To assist public and nonprofit private agencies AND THE23 FOR-PROFIT SECTOR in planning and developing programs to facilitate a24 statewide network of comprehensive, coordinated services and25 opportunities for older persons COLORADANS, giving priority to those26 agencies, programs, services, and activities that support independent27 1035 -19- living, PREPARE COLORADANS FOR THEIR LATER YEARS , AND EMPOWER1 OLDER COLORADANS TO BE SELF-RELIANT AND INDEPENDENT , WHICH2 INCLUDES FOSTERING PUBLIC-PRIVATE PARTNERSHIPS WHEN APPROPRIATE ;3 (d) (f) To study those aspects of the problems of aging necessary4 to accomplish the purpose of state policy through such activities as5 conducting research, computing statistics, and EVALUATING EMERGING6 TECHNOLOGIES AND INNOVATIONS , holding hearings, AND DRAFTING7 POLICY RECOMMENDATIONS ;8 (e) (g) To maintain a clearinghouse of information related to the9 interests and needs of older persons COLORADANS and act as a referral10 service for the dissemination of said THE information;11 (f) (h) To assess the need for services to be provided to the older12 population within the state and determine the extent to which the state's13 service delivery system serves said THAT population, with particular14 emphasis on older persons COLORADANS with the greatest economic and15 social needs, AS WELL AS EMPOWERING OLDER COLORADANS TO PLAN FOR16 THE NEEDS OF INCREASED LIFE EXPECTANCY ;17 (g) (i) To encourage and support the involvement of volunteers18 and seek ways to utilize the private sector to assume greater responsibility19 in meeting the needs of older persons; and CAPITALIZE ON THE20 OPPORTUNITIES TO SUPPORT OLDER COLORADANS AND THEIR FAMILIES ;21 (h) (j) To designate area agencies on aging to assist the state office22 in carrying out its functions in specified geographic areas within the state;23 (k) T O CONVENE AND COORDINATE A TECHNICAL ADVISORY24 COMMITTEE COMPRISED OF KEY STATE DEPARTMENT REPRESENTATIVES ,25 INCLUDING BUT NOT LIMITED TO THE DEPARTMENT OF HUMAN SERVICES ,26 DEPARTMENT OF LABOR AND EMPLOYMENT , DEPARTMENT OF HIGHER27 1035 -20- EDUCATION, DEPARTMENT OF HEALTH CARE POLICY AND FINANCING ,1 DEPARTMENT OF TRANSPORTATION , DEPARTMENT OF PUBLIC HEALTH AND2 ENVIRONMENT, AND DEPARTMENT OF LOCAL AFFAIRS TO DIRECT THE3 IMPLEMENTATION OF RECOMMENDATIONS AND STRATEGIES PROVIDED IN4 THE STRATEGIC ACTION PLAN ON AGING DEVELOPED PURSUANT TO5 SECTION 24-32-3406 AND RECOMMENDATIONS THE COMMISSION MAKES6 AS SET FORTH IN SECTION 26-11-105; AND7 (l) T O COORDINATE WITH THE TECHNICAL ADVISORY COMMITTEE8 AND COMMISSION TO DEVELOP , MAINTAIN, AND MAKE PUBLICLY9 AVAILABLE ON THE STATE DEPARTMENT 'S WEBSITE A COLLECTION OF10 AVAILABLE DATA SETS; METRICS SPECIFIC TO THE IMPLEMENTATION OF11 STRATEGIES IN ALIGNMENT WITH THE STRATEGIC ACTION PLAN ON AGING12 DEVELOPED PURSUANT TO SECTION 24-32-3406 AND THE LIFELONG13 C OLORADO INITIATIVE CREATED PURSUANT TO SECTION 26-11-302; AND14 OTHER RECOMMENDATIONS THAT THE COMMISSION MAKES AS SET FORTH15 IN SECTION 26-11-105.16 SECTION 8. In Colorado Revised Statutes, add part 3 to article17 11 of title 26 as follows:18 PART 319 LIFELONG COLORADO INITIATIVE20 26-11-301. Definitions. A S USED IN THIS PART 3, UNLESS THE21 CONTEXT OTHERWISE REQUIRES :22 (1) "E XECUTIVE COMMITTEE" MEANS THE EXECUTIVE COMMITTEE23 ELECTED BY THE COMMISSION IN ACCORDANCE WITH SECTION 26-11-102.24 (2) "L IFELONG COLORADO INITIATIVE" MEANS THE LIFELONG25 C OLORADO INITIATIVE CREATED IN SECTION 26-11-302 TO LEAD THE26 DEVELOPMENT AND IMPLEMENTATION OF STATE , REGIONAL, AND LOCAL27 1035 -21- STRATEGIES THAT SUPPORT AGING AND ASSIST OLDER COLORADANS TO1 LEAD INDEPENDENT , MEANINGFUL, AND DIGNIFIED LIVES IN2 AGE-APPROPRIATE AND AFFORDABLE HOUSING WITHIN THEIR3 COMMUNITIES.4 (3) "S TATE OFFICE" MEANS THE STATE OFFICE ON AGING WITHIN5 THE DEPARTMENT OF HUMAN SERVICES CREATED IN SECTION 26-11-202.6 (4) "S TRATEGIC ACTION PLAN ON AGING" MEANS THE STRATEGIC7 ACTION PLAN ON AGING DEVELOPED PURSUANT TO SECTION 24-32-3406.8 (5) "T ECHNICAL ADVISORY COMMITTEE " MEANS THE TECHNICAL9 ADVISORY COMMITTEE CONVENED IN THE STATE OFFICE PURSUANT TO10 SECTION 26-11-203.11 26-11-302. Lifelong Colorado initiative - created - reporting.12 (1) T HERE IS CREATED THE LIFELONG COLORADO INITIATIVE WITHIN THE13 STATE OFFICE. THE PURPOSE OF THE LIFELONG COLORADO INITIATIVE IS14 TO:15 (a) R EPRESENT STATE, REGIONAL, AND LOCAL STRATEGIES THAT16 SUPPORT AGING AND ASSIST OLDER COLORADANS TO LEAD INDEPENDENT ,17 MEANINGFUL, AND DIGNIFIED LIVES IN THEIR OWN HOMES AND18 COMMUNITIES;19 (b) R EPRESENT THE CONTINUED GOALS , PRIORITIES, AND20 STRATEGIES ALIGNED WITH THE STRATEGIC ACTION PLAN ON AGING AND21 OTHER STRATEGIES DEVELOPED THROUGH ONGOING WORK IN THE PUBLIC ,22 PRIVATE, AND NONPROFIT SECTORS THAT SUPPORT OLDER COLORADANS;23 (c) L EAD THE DEVELOPMENT OF AGE -FRIENDLY, LIVABLE24 COMMUNITIES; AND25 (d) A LIGN THE STATE DEPARTMENT'S POLICY DEVELOPMENT AND26 IMPLEMENTATION THROUGH A DEMOGRAPHIC LENS THAT SUPPORTS AGING27 1035 -22- ACROSS AN INDIVIDUAL'S LIFE.1 (2) P URSUANT TO SECTION 26-11-203 (1)(k), THE STATE OFFICE2 SHALL CONVENE THE TECHNICAL ADVISORY COMMITTEE NO LATER THAN3 S EPTEMBER 1, 2022, AND MEET AT LEAST QUARTERLY. THE DUTIES OF THE4 TECHNICAL ADVISORY COMMITTEE INCLUDE , BUT ARE NOT LIMITED TO:5 (a) I DENTIFYING STATE DEPARTMENT PRIORITIES THAT OVERLAP6 WITH THE GOALS AND STRATEGIES PROVIDED IN THE STRATEGIC ACTION7 PLAN ON AGING AND RECOMMENDATIONS THE COMMISSION MAKES AS SET8 FORTH IN SECTION 26-11-105;9 (b) C OORDINATING WITH RESPECTIVE STATE AGENCIES AND10 STAKEHOLDERS TO INITIATE POLICY DEVELOPMENT AND IMPLEMENTATION11 OF APPROPRIATE STRATEGIES;12 (c) D EVELOPING TRACKABLE GOALS AND METRICS FOR STRATEGIES13 AND PROGRAMS AND REPORTING ON PROGRESS , WHICH MUST BE MADE14 PUBLICLY AVAILABLE PURSUANT TO SECTION 26-11-203 (1)(l); AND15 (d) S UPPORTING THE STATE OFFICE AND COMMISSION WITH16 REPORTING REQUIREMENTS AND TRACKING IMPLEMENTATION AND17 PROGRESS OF THE GOALS AND STRATEGIES PROVIDED IN THE STRATEGIC18 ACTION PLAN ON AGING AND RECOMMENDATIONS THE COMMISSION MAKES19 AS SET FORTH IN SECTION 26-11-105.20 (3) THE TECHNICAL ADVISORY COMMITTEE, IN COORDINATION21 WITH RESPECTIVE STATE AGENCIES AND THE COMMISSION, SHALL IDENTIFY22 APPROPRIATE POLICY STAFF WITHIN THE GOVERNOR'S OFFICE FOR ONGOING23 COORDINATION AND REPORTING NEEDS .24 (4) T HE STATE OFFICE, IN COLLABORATION WITH THE COMMISSION25 AND TECHNICAL ADVISORY COMMITTEE , SHALL COORDINATE WITH THE26 STATE DEPARTMENT TO INCLUDE IN ITS REPORT TO THE COMMITTEES OF27 1035 -23- REFERENCE, PURSUANT TO THE "SMART MEASUREMENT FOR1 A CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)2 G OVERNMENT ACT" HEARING REQUIRED BY SECTION 2-7-203,3 INFORMATION FROM THE STATE OFFICE REGARDING THE PROGRESS AND4 BARRIERS SPECIFIC TO THE IMPLEMENTATION OF THE STRATEGIC ACTION5 PLAN ON AGING.6 (5) T HE STATE OFFICE; THE TECHNICAL ADVISORY COMMITTEE ;7 THE EXECUTIVE COMMITTEE ; AND THE STATE DEPARTMENT LIAISON8 APPOINTED PURSUANT TO SECTION 26-11-104 SHALL MEET QUARTERLY TO9 ENSURE THAT THE PERSPECTIVES OF OLDER COLORADANS AND THE10 STATE'S PERSPECTIVE REMAIN ALIGNED TO COORDINATE PROGRESS IN THE11 DEVELOPMENT OF STATE PROGRAMS AND POLICY .12 SECTION 9. In Colorado Revised Statutes, 26-11-205, amend13 (1) introductory portion as follows:14 26-11-205. Area agency on aging advisory council. (1) Each15 area agency on aging, designated pursuant to section 26-11-203, (1)(h),16 shall designate an advisory council consisting of a representative body of17 laypersons and service providers which WHO represent the interests of18 older persons within the planning and service area. Said THE advisory19 council shall:20 SECTION 10. In Colorado Revised Statutes, 26-11-205.7,21 amend (2) as follows:22 26-11-205.7. Community long-term care study - older23 Coloradans study cash fund - strategic plan - authority to implement.24 (2) If the study conducted pursuant to paragraph (a) of subsection (1)25 SUBSECTION (1)(a) of this section concludes that increasing funding for26 community-based services as provided in the older Coloradans program27 1035 -24- would result in cost savings, by July 1, 2011, subject to the receipt of1 sufficient moneys MONEY pursuant to paragraph (b) of subsection (1)2 SUBSECTION (1)(b) of this section, the state department shall report to the3 members of the health and human services committees of the senate and4 house of representatives, or any successor committees, and to the5 members of the joint budget committee a long-term strategic6 implementation plan, developed in cooperation with the area agencies on7 aging designated pursuant to section 26-11-203, (1)(h), that identifies the8 expected needs for services and recommends potential funding sources.9 SECTION 11. Safety clause. The general assembly hereby finds,10 determines, and declares that this act is necessary for the immediate11 preservation of the public peace, health, or safety.12 1035 -25-