HOUSE BILL 22-1035
BY REPRESENTATIVE(S) 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., Bird, Gray, Hooton, McKean, Pelton, Ricks, Garnett;
also SENATOR(S) Ginal and Rankin, Buckner, Coram, Gonzales, Jaquez
Lewis, Kolker, Lee, Pettersen, Priola, Smallwood, Story, Winter,
Woodward, Zenzinger.
C
ONCERNING MODERNIZATION OF THE "OLDER COLORADANS' ACT".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 26-11-100.2 as
follows:
26-11-100.2. Legislative declaration. (1) The general assembly
hereby
finds and declares that:
(a) Older Coloradans constitute a fundamental resource of this state.
Often, their competence, experience, and wisdom are underutilized, and a
means must be found to
EFFECTIVELY use their abilities more effectively
for
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. the benefit of all Coloradans. The number of persons in this state sixty years
of age or older is increasing rapidly, and, of these persons, the number of
women, minorities
PEOPLE OF COLOR, and persons seventy-five years of age
or older is expanding at an even greater rate. Among those persons
seventy-five years of age or older, there is a higher incidence of functional
disability. The social and health problems of older people are compounded
by the lack of access to existing services and by the unavailability of a
complete range of services in all areas of the state. The ability of older
people to maintain self-sufficiency and personal well-being with the dignity
to which their years of labor entitle them and to realize their maximum
potential as creative and productive individuals are matters of profound
importance and concern for all Coloradans.
(b) A STATE THAT IS WELL-ADAPTED FOR AGING IS ONE WHERE ALL
INDIVIDUALS CAN THRIVE AND ARE ADEQUATELY SUPPORTED
: A COLORADO
FOR ALL
. COLORADO MUST SUPPORT A HIGH QUALITY OF LIFE FOR OLDER
COLORADANS AND THEIR FAMILIES BY PROMOTING HEALTH AND
WELL
-BEING; SUPPORTING AFFORDABLE, HIGH-QUALITY, AND SUSTAINABLE
LONG
-TERM SERVICES AND SUPPORTS ; FOSTERING WORKFORCE
DEVELOPMENT AND SELF
-SUFFICIENCY; CREATING LIVABLE COMMUNITIES ;
AND INTEGRATING AGING POLICY AND PROGRAMS ACROSS STATE
GOVERNMENT
.
(c) T
O ENSURE THAT COLORADO IS THE BEST STATE IN WHICH TO
GROW OLD
, THE FOLLOWING GOALS MUST GUIDE AGING AND AGING SERVICES
IN
COLORADO:
(I) O
LDER COLORADANS ARE ABLE TO LIVE AND FULLY PARTICIPATE
IN THEIR COMMUNITIES OF CHOICE FOR AS LONG AS POSSIBLE
;
(II) O
LDER COLORADANS ARE ABLE TO STAY EN GAGED IN THE LABOR
FORCE OR VOLUNTEER SECTOR FOR AS LONG AS THEY WANT OR NEED
;
(III) O
LDER COLORADANS AND THEIR FAMILIES ARE FINANCIALLY
SECURE AND PREPARED TO MEET THE CHALLENGES OF AGING
;
(IV) C
OLORADANS ARE PREPARED FOR THE CHALLENGES OF CARING
FOR AGED LOVED ONES AND ARE ABLE TO DO SO WITHOUT ENDANGERING
THEIR OWN PHYSICAL
, BEHAVIORAL, AND FINANCIAL HEALTH OR WELL-BEING
OR THE HEALTH AND WELL
-BEING OF THEIR LOVED ONES;
PAGE 2-HOUSE BILL 22-1035 (V) TRAINED WORKERS ARE SKILLED , EDUCATED, AND PAID
COMMENSURATE TO THEIR ABILITIES AND TRAINING TO MEET THE NEEDS OF
EMPLOYERS AND INDUSTRIES SERVING AN INCREASING POPULATION OF
OLDER
COLORADANS;
(VI) O
LDER COLORADANS CAN STAY HEALTHIER LONGER THROUGH
ACCESS TO QUALITY AND AFFORDABLE PERSON
-CENTERED AND CULTURALLY
APPROPRIATE CARE THAT ALIGNS WITH THEIR PREFERENCES AND VALUES
;
(VII) T
HE STATE CAN MEET ITS COMMITMENT TO SUPPORT OLDER
COLORADANS AND THEIR FAMILIES ; AND
(VIII) COLORADO CAN EMPOWER AND PROTECT OLDER COLORADANS
FROM ABUSE
, NEGLECT, EXPLOITATION, AND OTHER HARMFUL ACTS;
(d) C
OLORADO FACES A HISTORIC DEMOGRAPHIC SHIFT OVER THE
NEXT FIFTY YEARS THAT WILL CREATE OPPORTUNITIES AND CHALLENGES
.
T
HIS SHIFT WILL RESULT IN AN UNPRECEDENTED NUMBER OF OLDER
WORKERS REMAINING IN THE WORKFORCE AND OLDER
COLORADANS
SHIFTING INTO RETIREMENT
. THE DEMOGRAPHIC CHANGES WILL RESULT IN
WIDE
-RANGING ECONOMIC AND SOCIAL IMPACTS ON THE WORKFORCE ,
HOUSING, TRANSPORTATION, LONG-TERM SERVICES AND SUPPORTS , AND
HEALTH CARE
. THE STATE MUST ACT TO CAPITALIZE ON THE OPPORTUNITIES
AND ADDRESS THE CHALLENGES
.
(e) T
O ENSURE THAT OLDER COLORADANS ARE PREPARED TO
ADDRESS AGING
-RELATED OPPORTUNITIES AND CHALLENGES , IT IS CRITICAL
THAT THE STATE EMPOWER AND EDUCATE RESIDENTS FROM AN EARLY AGE
TO PREPARE FOR THE REALITIES OF A LONG LIFE
. THE STATE SHOULD
ENCOURAGE RESIDENTS TO ENGAGE IN RETIREMENT PLANNING
, HEALTH AND
WELLNESS PRESERVATION ACTIVITIES AND SERVICES
, LIFELONG LEARNING,
CROSS-GENERATIONAL COLLABORATION , AND CIVIC ENGAGEMENT.
(f) A
GING IS A PERSONAL EXPERIENCE THAT VARIES FROM PERSON TO
PERSON
. COLORADANS WILL AGE DIFFERENTLY , WITH SOME REMAINING
MENTALLY AND PHYSICALLY CAPABLE UNTIL THEY DIE AND OTHERS
EXPERIENCING MENTAL AND PHYSICAL DISABILITIES EARLIER IN LIFE
. AS A
RESULT
, OLDER COLORADANS AND THEIR FAMILIES ARE PRESENTED WITH
VARYING OPPORTUNITIES AND CHALLENGES ACROSS THEIR LIVES
. SOME
OLDER
COLORADANS WILL CONTINUE TO LIVE INDEPENDENTLY IN THEIR OWN
PAGE 3-HOUSE BILL 22-1035 HOMES WHILE OTHERS WILL REQUIRE LONG -TERM SKILLED NURSING CARE.
I
N COORDINATION WITH STATE DEPARTMENT SUBJECT MATTER EXPERTS ,
AREA AGENCIES ON AGING , LOCAL GOVERNMENTS , AND COMMUNITY
STAKEHOLDERS
, IT IS A PRIORITY OF THE GENERAL ASSEMBLY TO EXAMINE
THE COMPLEXITY OF THESE ISSUES AND DEVELOP POLICIES THAT SUPPORT
COMMUNITIES AND FAMILIES ACROSS
COLORADO. THE AGING PROCESS IS
FURTHER IMPACTED BY HISTORICAL DISPARITIES
, INCLUDING BUT NOT
LIMITED TO STRUCTURAL RACISM
, SEXISM, AND AGEISM. THE SOCIAL AND
HEALTH PROBLEMS OF OLDER
COLORADANS ARE COMPOUNDED BY LIMITED
PREPARATION FOR AN INCREASE IN LIFE EXPECTANCY AND LACK OF ACCESS
TO SERVICES
, OR THE UNAVAILABILITY OF SERVICES , THROUGHOUT THE
STATE
. IT IS OF PROFOUND IMPORTANCE FOR ALL COLORADANS THAT OLDER
COLORADANS MAINTAIN SELF -SUFFICIENCY AND PERSONAL WELL -BEING,
HAVE ACCESS TO NECESSARY SERVICES AND SUPPORTS , AND REALIZE THEIR
MAXIMUM POTENTIAL AS CREATIVE AND PRODUCTIVE INDIVIDUALS
.
(2) (a) The general assembly further declares that it is the policy of
this state: To protect older Coloradans from abuse, neglect, or exploitation;
to involve older Coloradans in the planning and operation of all programs
and services that may affect them; to encourage agencies at all levels of
government, as well as in the private sector, to develop alternative services
and forms of care that would provide a range of services to be delivered in
the community and in the home and that would facilitate access to other
services which support independent living and prevent unnecessary
institutionalization; to give priority in planning services and programs to
those older Coloradans with the greatest economic need or the greatest
social need; and to facilitate and encourage joint program planning and
policy development among state and local agencies which recognize and
strengthen the community and personal support networks to which people
belong and on which they depend and which administer programs and
deliver services to the older population. THEREFORE, THE GENERAL
ASSEMBLY FINDS THAT IT IS
COLORADO'S POLICY TO:
(I) E
MPOWER AND PROTECT OLDER COLORADANS FROM ABUSE ,
NEGLECT, EXPLOITATION, AND OTHER HARMFUL ACTS;
(II) M
EANINGFULLY INVOLVE OLDER COLORADANS IN THE PLANNING
AND OPERATION OF ALL PROGRAMS AND SERVICES THAT MAY AFFECT THEM
;
(III) E
NCOURAGE AGENCIES AT ALL LEVELS OF GOVERNMENT , AS
PAGE 4-HOUSE BILL 22-1035 WELL AS THE PRIVATE SECTOR, TO DEVELOP ALTERNATIVE SERVICES AND
FORMS OF CARE THAT PROVIDE A RANGE OF SERVICES TO BE DELIVERED IN
THE COMMUNITY AND HOME THAT SUPPORT INDEPENDENT LIVING AND
PREVENT UNNECESSARY INSTITUTIONALIZATION
;
(IV) R
EDUCE HEALTH DISPARITIES AND SUPPORT AGING ACROSS AN
INDIVIDUAL
'S LIFESPAN;
(V) P
RIORITIZE PLANNING SERVICES AND PROGRAMS FOR OLDER
COLORADANS WITH THE GREATEST ECONOMIC OR SOCIAL NEEDS ;
(VI) A
CKNOWLEDGE AND REMOVE BARRIERS TO ENSURE PROGRAMS ,
SERVICES, PROJECTS, POLICIES, PROCEDURES, AND RESOURCES ARE
INCLUSIVE OF ALL OLDER
COLORADANS, PARTICULARLY THOSE WHO ARE
MOST UNDERSERVED
;
(VII) R
ECOGNIZE THAT PREPARING ALL COLORADANS FOR THE
DIFFERENT FACETS OF A LONGER LIFE IS PART OF THE STATE
'S
RESPONSIBILITY
; AND
(VIII) FACILITATE AND ENCOURAGE JOINT PROGRAM PLANNING AND
POLICY DEVELOPMENT AMONG STATE
, REGIONAL, AND LOCAL GOVERNMENT
TO PROMOTE INNOVATION
, EFFICIENCY, AND MAXIMIZE RESOURCES;
(b) I
N ORDER TO SUPPORT OLDER COLORADANS, THE GENERAL
ASSEMBLY FINDS THAT A CITIZEN
-LED, MULTIDISCIPLINARY STAKEHOLDER
COMMISSION
, COMPRISED OF REPRESENTATIVES FROM BOTH THE PUBLIC AND
PRIVATE SECTORS
, IS NEEDED TO COORDINATE AND CONTRIBUTE TO GUIDING
STATE PROGRAMS
, SERVICES, PROJECTS, POLICIES, PROCEDURES, AND
RESOURCES IN THE AREA OF AGING
.
SECTION 2. In Colorado Revised Statutes, amend 26-11-101 as
follows:
26-11-101. Commission on aging - created - definition.
(1) (a) There is hereby
created in the state department the Colorado
commission on the aging, referred to in this article ARTICLE 11 as the
"commission", which shall consist of seventeen members appointed by the
governor, with the consent of the senate. Two members shall be appointed
from each congressional district of the state, one of whom shall be from
PAGE 5-HOUSE BILL 22-1035 each major political party, and, after July 1, 1976, and thereafter when a
vacancy occurs, one of such members shall be from west of the continental
divide. A vacancy on the commission occurs whenever any member moves
out of the congressional district from which he or she was appointed. Any
member who moves out of such congressional district shall promptly notify
the governor of the date of such move, but such notice is not a condition
precedent to the occurrence of the vacancy. The governor shall fill the
vacancy as provided in subsection (2) of this section. Appointments made
to take effect on January 1, 1983, shall be made in accordance with section
24-1-135, C.R.S. No more than nine members of the commission shall be
members of the same major political party. One member shall be appointed
from the state at large, one member shall be appointed from among the
membership of the senate, and one member shall be appointed from among
the membership of the house of representatives. Appointments to the
commission shall comply with the requirements of the rules and regulations
of the United States department of health and human services promulgated
pursuant to Public Law 93-29, known as the "Older Americans
Comprehensive Services Amendments of 1973", as such rules and
regulations appear in section 903.50 (c) of title 45 of the code of federal
regulations. In making appointments to the commission, the governor is
encouraged to include representation by at least one member who is a
person with a disability, a family member of a person with a disability, or
a member of an advocacy group for persons with disabilities, provided that
the other requirements of this subsection (1) are met FOR THE PURPOSE OF
COORDINATING AND GUIDING THE IMPLEMENTATION OF THE STRATEGIC
ACTION PLAN ON AGING
, DEVELOPED PURSUANT TO SECTION 24-32-3406,
AND OTHER STRATEGIES THE COMMISSION MAY IDENTIFY THAT SUPPORT
OLDER
COLORADANS. THE COMMISSION SHALL CONSIST OF NINETEEN
MEMBERS WHO MUST BE APPOINTED AS FOLLOWS
:
(I) O
NE MEMBER FROM THE COLORADO SENATE, APPOINTED BY THE
PRESIDENT OF THE SENATE
;
(II) O
NE MEMBER FROM THE COLORADO HOUSE OF
REPRESENTATIVES
, APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES
; AND
(III) SEVENTEEN MEMBERS APPOINTED BY THE GOVERNOR , WITH THE
CONSENT OF THE SENATE
, AS FOLLOWS:
PAGE 6-HOUSE BILL 22-1035 (A) ONE MEMBER FROM EACH CONGRESSIONAL DISTRICT OF THE
STATE
;
(B) O
NE MEMBER WHO IS A REPRESENTATIVE OF HIGHER EDUCATION
OR THE
COLORADO COMMUNITY COLLEGE SYSTEM ;
(C) O
NE MEMBER WHO IS A DIRECTOR OF AN AREA AGENCY ON
AGING
, AS DESCRIBED IN SECTION 26-11-204;
(D) O
NE MEMBER WITH EXTENSIVE KNOWLEDGE OF WORKFORCE
ISSUES IMPACTING OLDER
COLORADANS;
(E) O
NE MEMBER WHO REPRESENTS A LONG -TERM RESIDENTIAL
CARE SETTING
;
(F) O
NE MEMBER WHO REPRESENTS COLORADANS LIVING WITH
DEMENTIA
;
(G) O
NE MEMBER WHO REPRESENTS AN ORGANIZATION PROVIDING
HOME
- AND COMMUNITY-BASED SERVICES;
(H) O
NE MEMBER WITH EXTENSIVE KNOWLEDGE OF OR EXPERIENCE
WITH TRANSPORTATION INFRASTRUCTURE AND SERVICES
;
(I) O
NE MEMBER WHO REPRESENTS THE HOUSING SECTOR ; AND
(J) ONE MEMBER OF THE PUBLIC POLICY OR ELDER LAW COMMUNITY
WITH EXTENSIVE KNOWLEDGE OF AND EXPERIENCE WITH AGING POLICY OR
ELDER RIGHTS ISSUES
.
(b) I
N MAKING APPOINTMENTS PURSUANT TO SUBSECTION (1)(a)(III)
OF THIS SECTION, THE GOVERNOR SHALL APPOINT NO MORE T HAN A MINIMUM
MAJORITY OF COMMISSION MEMBERS AFFILIATED WITH THE SAME POLITICAL
PARTY
. IN MAKING APPOINTMENTS, THE GOVERNOR SHALL SELECT:
(I) M
EMBERS WHO REPRESENT DIVERSE RACIAL , CULTURAL,
SOCIOECONOMIC, GENDER, AND ABILITY GROUPS , AND INDIVIDUALS
RECEIVING COMMUNITY
-BASED SOCIAL OR MEDICAL SERVICES THAT SUPPORT
INDEPENDENT LIVING
;
PAGE 7-HOUSE BILL 22-1035 (II) FOR THE CONGRESSIONAL DISTRICT MEMBERS , AT LEAST ONE
MEMBER WHO IS SIXTY YEARS OF AGE OR OLDER
, OR WHO IS A PERSON LIVING
WITH A DISABILITY
, OR WHO HAS A FAMILY MEMBER LIVING WITH A
DISABILITY
;
(III) A
T LEAST ONE MEMBER WHO REPRESENTS RURAL OR FRONTIER
AREAS OF THE STATE
;
(IV) A
T LEAST ONE REPRESENTATIVE FROM A LOCAL GOVERNMENT ;
AND
(V) AT LEAST ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY
IN ORDER TO CONSIDER THE POTENTIAL FOR INITIATIVES DEVELOPED IN THE
PRIVATE
, FOR-PROFIT SECTOR.
(c) A
PPOINTMENTS TO THE COMMISSION MUST COMPLY WITH THE
RULES PROMULGATED BY THE
UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES PURSUANT TO THE FEDERAL
"OLDER AMERICANS
COMPREHENSIVE SERVICES AMENDMENTS OF 1973", PUB.L. 93-29, AS
AMENDED
.
(2) (a) All members of the commission shall be appointed for terms
of four years each, commencing July 1 in the year of appointment.
Appointments to fill vacancies shall be for the unexpired term of the
vacated office and shall be made in the same manner as original
appointments. Whenever a member of the senate or house of representatives
serving as a member of the commission ceases to hold his office in the
senate or house of representatives, a vacancy on the commission shall
occur, and the governor shall fill the vacancy by the appointment of a
similarly qualified person who at the time is holding office, as the case may
be, in the senate or house of representatives. A MINIMUM MAJORITY OF THE
COMMISSION MEMBERS SHALL BE APPOINTED FOR AN INITIAL TERM OF TWO
YEARS EACH AND THE REMAINING COMMISSION MEMBERS SHALL BE
APPOINTED FOR AN INITIAL TERM OF THREE YEARS EACH
. THE GOVERNOR
SHALL INDICATE WHETHER THE APPOINTED PERSON IS SERVING A TWO
-YEAR
TERM OR A THREE
-YEAR TERM. APPOINTMENTS MADE AFTER THE
EXPIRATION OF THE INITIAL TERM ARE THREE
-YEAR TERMS. IF A VACANCY
ON THE COMMISSION OCCURS
, THE GOVERNOR SHALL APPOINT A NEW
MEMBER FROM THE APPROPRIATE REPRESENTATIVE GROUP TO SERVE THE
REMAINDER OF THE MEMBER
'S TERM. NO MEMBER MAY SERVE MORE THAN
PAGE 8-HOUSE BILL 22-1035 TWO FULL CONSECUTIVE TERMS .
(b) T
HE TERMS OF PRESENT MEMBERS APPOINTED PURSUANT TO THIS
SECTION EXPIRE ON
AUGUST 31, 2022. THE GOVERNOR SHALL APPOINT NEW
MEMBERS PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION AND THE
APPOINTMENTS ARE EFFECTIVE
SEPTEMBER 1, 2022.
(3) A
S USED IN THIS SECTION, "MINIMUM MAJORITY" MEANS THE
LOWEST NUMBER OF MEMBERS THAT IS MORE THAN HALF OF ALL
COMMISSION MEMBERS
.
SECTION 3. In Colorado Revised Statutes, amend 26-11-102 as
follows:
26-11-102. Organization of commission. (1) The commission
shall elect
AN EXECUTIVE COMMITTEE from its membership, INCLUDING a
chairman
CHAIR, a vice-chairman VICE-CHAIR, and such other officers as it
deems necessary. The vice-chairman VICE-CHAIR shall act as chairman
CHAIR in the absence OF or disability AT THE DIRECTION of the chairman
CHAIR. The commission shall meet IN PERSON OR VIRTUALLY on call of the
chairman CHAIR but not less than once every three months A MONTH. A
majority of the members of the commission shall constitute CONSTITUTES
a quorum for the transaction of business. THE EXECUTIVE COMMITTEE IS
RESPONSIBLE FOR COORDINATING WITH THE STATE OFFICE ON AGING
ESTABLISHED IN SECTION
26-11-202, RELEVANT STATE AGENCIES , AND
MEMBERS OF THE GENERAL ASSEMBLY
.
(2) (a) T
HE COMMISSION MAY ESTABLISH STANDING SUBCOMMITTEES
TO SUPPORT THE IMPLEMENTATION OF THE STRATEGIC ACTION PLAN ON
AGING
, DEVELOPED PURSUANT TO SECTION 24-32-3406, AND WORK RELATED
TO THE LIFELONG
COLORADO INITIATIVE ESTABLISHED IN PART 3 OF THIS
ARTICLE
11. THE SUBCOMMITTEE TOPICS MAY INCLUDE , BUT ARE NOT
LIMITED TO
:
(I) W
ORKFORCE OPPORTUNITIES FOR OLDER COLORADANS;
(II) T
HE DIRECT-CARE WORKFORCE;
(III) H
OUSING OPTIONS FOR OLDER COLORADANS;
PAGE 9-HOUSE BILL 22-1035 (IV) AGE-FRIENDLY, AFFORDABLE, AND LIVABLE COMMUNITIES;
(V) H
EALTH CARE;
(VI) C
HRONIC DISEASE PREVENTION AND MAINTENANCE ;
(VII) B
EHAVIORAL HEALTH;
(VIII) L
IFELONG LEARNING;
(IX) R
ETIREMENT SECURITY;
(X) L
EGISLATIVE AND LOCAL GOVERNMENT AFFAIRS ;
(XI) T
RANSPORTATION;
(XII) D
ISPARITIES AMONG OLDER COLORADANS;
(XIII) E
LDER RIGHTS; AND
(XIV) INNOVATION AND TECHNOLOGY .
(b) E
ACH STANDING SUBCOMMI TTEE MUST BE CHAIRED BY A MEMBER
OF THE COMMISSION BUT MAY INCLUDE MEMBERSHIP BEYOND COMMISSION
MEMBERS
, INCLUDING MEMBERS OF THE GENERAL PUBLIC WHO VOLUNTEER
TO PARTICIPATE IN A SPECIFIC SUBCOMMITTEE
. NONCOMMISSION MEMBERS
MAY BE CO
-CHAIRS OR VICE-CHAIRS. THE MEMBERSHIP SELECTION PROCESS
MAY BE DETERMINED IN THE COMMISSION BYLAWS
.
SECTION 4. In Colorado Revised Statutes, amend 26-11-104 as
follows:
26-11-104. Director - liaison and staff. (1) Pursuant to section 13
of article XII of the state constitution, the executive director shall appoint
the director of the commission and such clerical and professional staff as
may be necessary to carry out the purposes of this article. The director of
the commission shall be the chief administrative officer for the commission
and shall be a person who is professionally qualified to assume the
responsibilities of the position A STATE DEPARTMENT LIAISON TO THE
COMMISSION AND ADMINISTRATIVE STAFF AS NECESSARY TO CARRY OUT THE
PAGE 10-HOUSE BILL 22-1035 DUTIES OF THE POSITION. THE STATE DEPARTMENT LIAISON MUST BE
PROFESSIONALLY QUALIFIED TO ASSUME THE RESPONSIBILITIES OF THE
POSITION
, BE THE PRIMARY CONTACT FOR THE COMMISSION , AND
COORDINATE COMMISSION
-RELATED DUTIES WITH THE STATE DEPARTMENT
AND THE COMMISSION
'S EXECUTIVE COMMITTEE DESCRIBED IN SECTION
26-11-102 (1).
(2) S
UBJECT TO AVAILABLE APPROPRIATIONS , THE COMMISSION, IN
COORDINATION WITH THE STATE DEPARTMENT
, MAY CONTRACT WITH A
THIRD
-PARTY ORGANIZATION TO SERVE AS INDEPENDENT STAFF TO THE
COMMISSION IN ORDER TO COORDINATE WITH THE STATE DEPARTMENT
LIAISON AND THE LIAISON
'S STAFF, PROVIDE ADMINISTRATIVE SUPPORT FOR
THE COMMISSION
'S PURPOSE AND DUTIES, AND CARRY OUT OTHER FUNCTIONS
THE COMMISSION ASSIGNS
.
(3) T
HE COMMISSION MAY SEEK , ACCEPT, AND EXPEND GIFTS,
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE
PURPOSES OF THIS SECTION TO SUPPORT GENERAL OPERATIONS
, SPECIAL
PROJECTS
, RESEARCH, AND STAFFING NEEDS.
SECTION 5. In Colorado Revised Statutes, amend 26-11-105 as
follows:
26-11-105. Duties of commission - report. (1) The commission,
through its director
EXECUTIVE COMMITTEE DESCRIBED IN SECTION
26-11-102 (1); IN COORDINATION WITH THE STATE DEPARTMENT LIAISON TO
THE COMMISSION
, APPOINTED PURSUANT TO SECTION 26-11-104; AND IN
COORDINATION WITH INDEPENDENT STAFF
, CONTRACTED PURSUANT TO
SECTION
26-11-104, shall carry out the following purposes
DUTIES:
(a) S
ERVE AS THE PRINCIPAL ADVOCACY BODY IN THE STATE ON
BEHALF OF OLDER
COLORADANS, INCLUDING BUT NOT LIMITED TO
PARTICIPATING AS AN ADVISOR IN THE DEVELOPMENT AND CONSIDERATION
OF LEGISLATION
, AND REGULATIONS MADE BY STATE AND FEDERAL
DEPARTMENTS AND AGENCIES
, RELATING TO PROGRAMS AND SERVICES THAT
AFFECT OLDER
COLORADANS;
(b) C
OORDINATE AND IMPLEMENT THE STRATEGIC ACTION PLAN ON
AGING RECOMMENDATIONS
, DEVELOPED PURSUANT TO SECTION 24-32-3406,
AND ADDITIONAL RECOMMENDATIONS THE COMMISSION MAKES ;
PAGE 11-HOUSE BILL 22-1035 (a) (c) Conduct, and encourage other PRIVATE AND NONPROFIT
organizations AND STATE, REGIONAL, AND LOCAL GOVERNMENT AGENCIES
to conduct, studies of the problems of the state's older people CONDUCT
RESEARCH AND ANALYSIS RELATED TO THE STATE
'S AGING POPULATION;
(b)
(d) Assist governmental and private agencies to coordinate their
efforts on behalf of the aging and aged OLDER COLORADANS in order that
such efforts be effective and that duplication and waste of effort be
eliminated;
(c)
(e) Promote and aid in the establishment of FEDERAL, STATE,
REGIONAL, AND local POLICIES, programs, and services for the aging and
aged THAT SUPPORT AND EMPOWER OLDER COLORADANS AND THEIR
CAREGIVERS
, WHO ARE EITHER PAID OR UNPAID. The commission shall assist
governmental and private agencies by designing surveys that may be used
locally
AT THE LOCAL, REGIONAL, OR STATE LEVEL to determine needs of
older people; by recommending the creation
OR MODIFICATION of POLICIES,
PROGRAMS, AND services TO MEET IDENTIFIED NEEDS; by collection and
distribution of information on aging; and by assisting public and private
organizations in all ways the commission may deem appropriate.
(d)
(f) Conduct promotional activities and programs of public
education on problems of the RELEVANT TO aging;
(e) (g) Review existing programs for the aging and make
recommendations to the governor and the general assembly for
improvements in such programs; REVIEW EXISTING POLICIES AND
PROGRAMS ACROSS STATE AGENCIES
, AND ON OR BEFORE SEPTEMBER 1,
2023,
AND ON OR BEFORE SEPTEMBER 1 EACH YEAR THEREAFTER, DRAFT AN
ANNUAL REPORT OF ISSUES AND RECOMMENDATIONS DEVELOPED BY THE
COMMISSION THAT SUPPORT THE IMPLEMENTATION OF STRATEGIES IN
ALIGNMENT WITH THE STRATEGIC ACTION PLAN ON AGING DEVELOPED
PURSUANT TO SECTION
24-32-3406, THE LIFELONG COLORADO INITIATIVE
CREATED PURSUANT TO SECTION
26-11-302, AND OTHER
RECOMMENDATIONS THAT THE COMMISSION MAKES
. THE COMMISSION SHALL
SUBMIT THE ANNUAL REPORT TO THE GOVERNOR
, EXECUTIVE DIRECTORS OF
IMPACTED AGENCIES
, AND THE GENERAL ASSEMBLY .
(f)
(h) Advise and make recommendations to the state department
and the state office on aging, created pursuant to part 2 of this article, on the
PAGE 12-HOUSE BILL 22-1035 problems of and programs and services for the aging and aged. IDENTIFY
AND MAKE RECOMMENDATIONS TO IMPACTED STATE AGENCIES ON ACUTE
CONCERNS IMPACTING OLDER
COLORADANS THAT ARISE DUE TO PUBLIC
HEALTH EMERGENCIES
, NATURAL DISASTERS, HISTORICAL DISPARITIES SUCH
AS RACISM
, OR OTHER ISSUES TIED DIRECTLY TO CURRENT EVENTS THAT
REQUIRE IMMEDIATE PROBLEM SOLVING AND ADVOCACY
;
(g) (i) (I) Study and make recommendations to ensure that people
who are released from prison who are sixty-five years of age or older are
able to access health insurance after release, including:
(A) Health insurance options that might be available, including
medicare, medicaid, social security, the old age pension fund, or any other
potential options for health-care insurance, and any eligibility criteria that
may uniquely impact a formerly incarcerated population;
(B) Enrollment processes for each health insurance option and the
cost for each option;
(C) Processes the department of corrections would need to have in
place, both prior to release and after release, to ensure people sixty-five
years of age or older are able to enroll in affordable health insurance upon
release;
(D) Potential challenges, gaps, or resources needed to ensure that
inmates sixty-five years of age or older have health insurance upon release;
and
(E) Any other recommendations relevant to improving health-care
access for people sixty-five years of age or older after release from prison.
(II) On or before January 1, 2022, the commission shall provide a
report with its findings and recommendations pursuant to this subsection
(1)(g) to the judiciary and health and insurance committees of the house of
representatives and the judiciary and health and human services committees
of the senate, or any successor committees. The department of human
services shall post the report on the Colorado commission on aging's
website.
(i) CONTRIBUTE DIRECTLY TO ADDITIONAL AND ONGOING ANALYSIS
PAGE 13-HOUSE BILL 22-1035 AND IMPLEMENTATION OF THE STRATEGIC PLAN ON AGING DEVELOPED
PURSUANT TO SECTION
24-32-3406 AND ALIGNED WITH THE LIFELONG
COLORADO INITIATIVE ESTABLISHED IN PART 3 OF THIS ARTICLE 11; AND
(j) DEVELOP LEGISLATIVE AND ADMINISTRATIVE PROPOSALS IN
COORDINATION WITH STATE DEPARTMENT LIAISONS AND LEGISLATIVE
DESIGNEES AND COORDINATE ADVOCACY EFFORTS WITH APPROPRIATE
COMMUNITY STAKEHOLDERS
.
SECTION 6. In Colorado Revised Statutes, 26-11-201, amend (6)
as follows:
26-11-201. Definitions. As used in this part 2, unless the context
otherwise requires:
(6) "Greatest social need" means the need caused by noneconomic
factors, which include physical and mental disabilities, language barriers,
and cultural or social isolation, including that caused by racial and ethnic
status, which AS ASSOCIATED WITH THE FEDERALLY PROTECTED CLASS
STATUSES RECOGNIZED BY SECTION
504 OF THE FEDERAL "REHABILITATION
ACT OF 1973", 29 U.S.C. SEC. 794, AS AMENDED; THE FEDERAL "AMERICANS
WITH
DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AS
AMENDED
; AND TITLE VII OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964", 42
U.S.C.
SEC. 2000e ET SEQ., AS AMENDED, THAT restrict an individual's
ability to perform normal daily tasks or which
THAT threaten his AN
INDIVIDUAL
'S capacity to live independently.
SECTION 7. In Colorado Revised Statutes, amend 26-11-203 as
follows:
26-11-203. Duties of the state office. (1) In addition to such other
duties and functions as the executive director may allocate to the state
office, the state office shall have the following duties and functions:
(a) T
O BE THE LEADER CONCERNING AGING ISSUES ON BEHALF OF ALL
OLDER
COLORADANS WHILE ACTING IN COORDINATION WITH OTHER STATE
DEPARTMENTS AND AGENCIES
, AS APPROPRIATE;
(b) T
O CARRY OUT A WIDE RANGE OF FUNCTIONS RELATED TO
ADVOCACY
, PLANNING, COORDINATION, INTERAGENCY COLLABORATION ,
PAGE 14-HOUSE BILL 22-1035 INFORMATION SHARING, AND MONITORING AND EVALUATING TO DEVELOP
AND ENHANCE A COMPREHENSIVE AND COORDINATED STATE
- AND
COMMUNITY
-BASED SYSTEM TO ASSIST OLDER COLORADANS TO LEAD
INDEPENDENT
, MEANINGFUL, AND DIGNIFIED LIVES IN THE RESIDENTIAL
SETTINGS OF THEIR OWN CHOICE
;
(a)
(c) To develop and administer a state plan on aging, which
includes input from area agencies on aging
DEVELOPED IN ACCORDANCE
WITH FEDERAL GUIDELINES
, WITH ADDITIONAL CONTENT TO THE PLAN TO BE
DETERMINED COLLABORATIVELY BETWEEN THE STATE OFFICE
, THE
COMMISSION
, AND THE TECHNICAL ADVISORY COMMITTEE CONVENED IN THE
STATE OFFICE PURSUANT TO SUBSECTION
(1)(k) OF THIS SECTION. THE
ADDITIONAL CONTENT TO THE PLAN REFLECTS THE COMPREHENSIVE IMPACTS
AND PLANNING ASSOCIATED WITH
COLORADO'S DEMOGRAPHICS.
(b)
(d) To establish a process that encourages local, regional, and
statewide participation in the development stages of the state plan on aging,
which shall be coordinated with the area agencies on aging, the commission
established under
PURSUANT TO part 1 of this article ARTICLE 11, and other
persons or entities involved in programs for older persons;
(c) (e) To assist public and nonprofit private agencies AND THE
FOR
-PROFIT SECTOR in planning and developing programs to facilitate a
statewide network of comprehensive, coordinated services and
opportunities for older persons
COLORADANS, giving priority to those
agencies, programs, services, and activities that support independent living,
PREPARE COLORADANS FOR THEIR LATER YEARS , AND EMPOWER OLDER
COLORADANS TO BE SELF-RELIANT AND INDEPENDENT , WHICH INCLUDES
FOSTERING PUBLIC
-PRIVATE PARTNERSHIPS WHEN APPROPRIATE ;
(d)
(f) To study those aspects of the problems of aging necessary to
accomplish the purpose of state policy through such activities as conducting
research, computing statistics, and
EVALUATING EMERGING TECHNOLOGIES
AND INNOVATIONS
, holding hearings, AND DRAFTING POLICY
RECOMMENDATIONS
;
(e)
(g) To maintain a clearinghouse of information related to the
interests and needs of older persons COLORADANS and act as a referral
service for the dissemination of said THE information;
PAGE 15-HOUSE BILL 22-1035 (f) (h) To assess the need for services to be provided to the older
population within the state and determine the extent to which the state's
service delivery system serves said
THAT population, with particular
emphasis on older persons COLORADANS with the greatest economic and
social needs,
AS WELL AS EMPOWERING OLDER COLORADANS TO PLAN FOR
THE NEEDS OF INCREASED LIFE EXPECTANCY
;
(g)
(i) To encourage and support the involvement of volunteers and
seek ways to utilize the private sector to assume greater responsibility in
meeting the needs of older persons; and CAPITALIZE ON THE OPPORTUNITIES
TO SUPPORT OLDER
COLORADANS AND THEIR FAMILIES ;
(h)
(j) To designate area agencies on aging to assist the state office
in carrying out its functions in specified geographic areas within the state;
(k) T
O CONVENE AND COORDINATE A TECHNICAL ADVISORY
COMMITTEE COMPRISED OF KEY STATE DEPARTMENT REPRESENTATIVES
,
INCLUDING BUT NOT LIMITED TO THE DEPARTMENT OF HUMAN SERVICES ,
DEPARTMENT OF LABOR AND EMPLOYMENT , DEPARTMENT OF HIGHER
EDUCATION
, DEPARTMENT OF HEALTH CARE POLICY AND FINANCING ,
DEPARTMENT OF TRANSPORTATION , DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
, AND DEPARTMENT OF LOCAL AFFAIRS TO DIRECT THE
IMPLEMENTATION OF RECOMMENDATIONS AND STRATEGIES PROVIDED IN THE
STRATEGIC ACTION PLAN ON AGING DEVELOPED PURSUANT TO SECTION
24-32-3406 AND RECOMMENDATIONS THE COMMISSION MAKES AS SET FORTH
IN SECTION
26-11-105; AND
(l) TO COORDINATE WITH THE TECHNICAL ADVISORY COMMITTEE
AND COMMISSION TO DEVELOP
, MAINTAIN, AND MAKE PUBLICLY AVAILABLE
ON THE STATE DEPARTMENT
'S WEBSITE A COLLECTION OF AVAILABLE DATA
SETS
; METRICS SPECIFIC TO THE IMPLEMENTATION OF STRATEGIES IN
ALIGNMENT WITH THE STRATEGIC ACTION PLAN ON AGING DEVELOPED
PURSUANT TO SECTION
24-32-3406 AND THE LIFELONG COLORADO
INITIATIVE CREATED PURSUANT TO SECTION
26-11-302; AND OTHER
RECOMMENDATIONS THAT THE COMMISSION MAKES AS SET FORTH IN
SECTION
26-11-105.
SECTION 8. In Colorado Revised Statutes, add part 3 to article 11
of title 26 as follows:
PAGE 16-HOUSE BILL 22-1035 PART 3
LIFELONG COLORADO INITIATIVE
26-11-301. Definitions. A
S USED IN THIS PART 3, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "E
XECUTIVE COMMITTEE" MEANS THE EXECUTIVE COMMITTEE
ELECTED BY THE COMMISSION IN ACCORDANCE WITH SECTION
26-11-102.
(2) "L
IFELONG COLORADO INITIATIVE" MEANS THE LIFELONG
COLORADO INITIATIVE CREATED IN SECTION 26-11-302 TO LEAD THE
DEVELOPMENT AND IMPLEMENTATION OF STATE
, REGIONAL, AND LOCAL
STRATEGIES THAT SUPPORT AGING AND ASSIST OLDER
COLORADANS TO LEAD
INDEPENDENT
, MEANINGFUL, AND DIGNIFIED LIVES IN AGE-APPROPRIATE AND
AFFORDABLE HOUSING WITHIN THEIR COMMUNITIES
.
(3) "S
TATE OFFICE" MEANS THE STATE OFFICE ON AGING WITHIN THE
DEPARTMENT OF HUMAN SERVICES CREATED IN SECTION
26-11-202.
(4) "S
TRATEGIC ACTION PLAN ON AGING " MEANS THE STRATEGIC
ACTION PLAN ON AGING DEVELOPED PURSUANT TO SECTION
24-32-3406.
(5) "T
ECHNICAL ADVISORY COMMITTEE " MEANS THE TECHNICAL
ADVISORY COMMITTEE CONVENED IN THE STATE OFFICE PURSUANT TO
SECTION
26-11-203.
26-11-302. Lifelong Colorado initiative - created - reporting.
(1) T
HERE IS CREATED THE LIFELONG COLORADO INITIATIVE WITHIN THE
STATE OFFICE
. THE PURPOSE OF THE LIFELONG COLORADO INITIATIVE IS TO:
(a) R
EPRESENT STATE, REGIONAL, AND LOCAL STRATEGIES THAT
SUPPORT AGING AND ASSIST OLDER
COLORADANS TO LEAD INDEPENDENT ,
MEANINGFUL, AND DIGNIFIED LIVES IN THEIR OWN HOMES AND
COMMUNITIES
;
(b) R
EPRESENT THE CONTINUED GOALS, PRIORITIES, AND STRATEGIES
ALIGNED WITH THE STRATEGIC ACTION PLAN ON AGING AND OTHER
STRATEGIES DEVELOPED THROUGH ONGOING WORK IN THE PUBLIC
, PRIVATE,
AND NONPROFIT SECTORS THAT SUPPORT OLDER COLORADANS;
PAGE 17-HOUSE BILL 22-1035 (c) LEAD THE DEVELOPMENT OF AGE -FRIENDLY, LIVABLE
COMMUNITIES
; AND
(d) ALIGN THE STATE DEPARTMENT 'S POLICY DEVELOPMENT AND
IMPLEMENTATION THROUGH A DEMOGRAPHIC LENS THAT SUPPORTS AGING
ACROSS AN INDIVIDUAL
'S LIFE.
(2) P
URSUANT TO SECTION 26-11-203 (1)(k), THE STATE OFFICE
SHALL CONVENE THE TECHNICAL ADVISORY COMMITTEE NO LATER THAN
SEPTEMBER 1, 2022, AND MEET AT LEAST QUARTERLY . THE DUTIES OF THE
TECHNICAL ADVISORY COMMITTEE INCLUDE
, BUT ARE NOT LIMITED TO:
(a) I
DENTIFYING STATE DEPARTMENT PRIORITIES THAT OVERLAP
WITH THE GOALS AND STRATEGIES PROVIDED IN THE STRATEGIC ACTION
PLAN ON AGING AND RECOMMENDATIONS THE COMMISSION MAKES AS SET
FORTH IN SECTION
26-11-105;
(b) C
OORDINATING WITH RESPECTIVE STATE AGENCIES AND
STAKEHOLDERS TO INITIATE POLICY DEVELOPMENT AND IMPLEMENTATION
OF APPROPRIATE STRATEGIES
;
(c) D
EVELOPING TRACKABLE GOALS AND METRICS FOR STRATEGIES
AND PROGRAMS AND REPORTING ON PROGRESS
, WHICH MUST BE MADE
PUBLICLY AVAILABLE PURSUANT TO SECTION
26-11-203 (1)(l); AND
(d) SUPPORTING THE STATE OFFICE AND COMMISSION WITH
REPORTING REQUIREMENTS AND TRACKING IMPLEMENTATION AND PROGRESS
OF THE GOALS AND STRATEGIES PROVIDED IN THE STRATEGIC ACTION PLAN
ON AGING AND RECOMMENDATIONS THE COMMISSION MAKES AS SET FORTH
IN SECTION
26-11-105.
(3) T
HE TECHNICAL ADVISORY COMMITTEE , IN COORDINATION WITH
RESPECTIVE STATE AGENCIES AND THE COMMISSION
, SHALL IDENTIFY
APPROPRIATE POLICY STAFF WITHIN THE GOVERNOR
'S OFFICE FOR ONGOING
COORDINATION AND REPORTING NEEDS
.
(4) T
HE STATE OFFICE, IN COLLABORATION WITH THE COMMISSION
AND TECHNICAL ADVISORY COMMITTEE
, SHALL COORDINATE WITH THE
STATE DEPARTMENT TO INCLUDE IN ITS REPORT TO THE COMMITTEES OF
REFERENCE
, PURSUANT TO THE "SMART MEASUREMENT FOR ACCOUNTABLE,
PAGE 18-HOUSE BILL 22-1035 RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT" HEARING
REQUIRED BY SECTION
2-7-203, INFORMATION FROM THE STATE OFFICE
REGARDING THE PROGRESS AND BARRIERS SPECIFIC TO THE
IMPLEMENTATION OF THE STRATEGIC ACTION PLAN ON AGING
.
(5) T
HE STATE OFFICE; THE TECHNICAL ADVISORY COMMITTEE ; THE
EXECUTIVE COMMITTEE
; AND THE STATE DEPARTMENT LIAISON APPOINTED
PURSUANT TO SECTION
26-11-104 SHALL MEET QUARTERLY TO ENSURE THAT
THE PERSPECTIVES OF OLDER
COLORADANS AND THE STATE 'S PERSPECTIVE
REMAIN ALIGNED TO COORDINATE PROGRESS IN THE DEVELOPMENT OF STATE
PROGRAMS AND POLICY
.
SECTION 9. In Colorado Revised Statutes, 26-11-205, amend (1)
introductory portion as follows:
26-11-205. Area agency on aging advisory council. (1) Each area
agency on aging, designated pursuant to section 26-11-203, (1)(h),
shall
designate an advisory council consisting of a representative body of
laypersons and service providers which
WHO represent the interests of older
persons within the planning and service area. Said THE advisory council
shall:
SECTION 10. In Colorado Revised Statutes, 26-11-205.7, amend
(2) as follows:
26-11-205.7. Community long-term care study - older
Coloradans study cash fund - strategic plan - authority to implement.
(2) If the study conducted pursuant to paragraph (a) of subsection (1)
SUBSECTION (1)(a) of this section concludes that increasing funding for
community-based services as provided in the older Coloradans program
would result in cost savings, by July 1, 2011, subject to the receipt of
sufficient moneys
MONEY pursuant to paragraph (b) of subsection (1)
SUBSECTION (1)(b) of this section, the state department shall report to the
members of the health and human services committees of the senate and
house of representatives, or any successor committees, and to the members
of the joint budget committee a long-term strategic implementation plan,
developed in cooperation with the area agencies on aging designated
pursuant to section 26-11-203, (1)(h),
that identifies the expected needs for
services and recommends potential funding sources.
PAGE 19-HOUSE BILL 22-1035 SECTION 11. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 20-HOUSE BILL 22-1035