Colorado 2022 2022 Regular Session

Colorado House Bill HB1114 Introduced / Bill

Filed 01/21/2022

                     Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 22-0413.01 Shelby Ross x4510
HOUSE BILL 22-1114
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING AUTHORIZING A TRANSPORTATION NETWORK COMPANY101
TO PROVIDE NONMEDICAL TRANSPORTATION SERVICES TO102
PERSONS WHO ARE ENROLLED IN CERTAIN MEDICAID WAIVER103
PROGRAMS.104
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
.)
Beginning July 1, 2024, the bill authorizes a transportation
network company to provide nonmedical transportation services to
persons enrolled in certain medicaid waiver programs, including home-
HOUSE SPONSORSHIP
Larson and Valdez A., 
SENATE SPONSORSHIP
(None), 
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. and community-based services for the elderly, blind, and disabled; home-
and community-based services for persons with intellectual and
developmental disabilities; home- and community-based services for
persons with major mental health disorders; home- and community-based
services for persons with brain injury; and complementary and alternative
medicine for a person with a spinal cord injury.
No later than January 2024, the bill requires the department of
health care policy and financing to submit a report to specified
committees of the general assembly identifying a reimbursement system
with a goal to incentivize and increase transportation provider
participation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative declaration. (1)  The general assembly2
finds that:3
(a)  Adults with disabilities deserve an opportunity to live, work,4
and perform everyday activities in a community of their choice, at the5
time of their choosing, wherever and whenever possible;6
(b)  Coloradans with disabilities are unemployed and7
underemployed at a higher rate than the general population and often live8
in relative isolation due to myriad barriers and disincentives despite their9
interest and eagerness to work and engage in the community;10
(c)  Colorado is an Employment First state committed to11
addressing barriers and disincentives to employment to ensure that all12
Coloradans can access meaningful, competitive integrated employment;13
(d)  Meaningful employment and day habilitation services, whether14
accessed separately or jointly, foster independence and allow adults with15
disabilities to make meaningful connections in their community;16
(e)  For adults with disabilities, transportation represents a17
significant barrier to accessing employment and day habilitation services18
in the community;19
HB22-1114-2- (f)  Many adults with disabilities are reliant on transportation1
available through home- and community-based services waivers to gain2
access to the community, including employment;3
(g)  Traditional methods of transportation outlined in the waivers4
are often inefficient and overburdened;5
(h)  For the past decade, Colorado, following national trends, has6
experienced a shortage in direct service providers, including7
transportation service providers;8
(i)  Even where accessible public transportation exists, adults with9
disabilities and service providers consider current transportation options10
inadequate; and11
(j)  Adults with disabilities require workplace and day habilitation12
transportation that is safe, efficient, and cost effective.13
(2)  Therefore, the general assembly declares that it is imperative14
that Colorado allow for flexibility and growth in available transportation15
options for adults with disabilities at comparable costs and funded as an16
alternative to mass transportation in a way that maintains safety and17
fosters community living and independence for adults with disabilities.18
SECTION 2. In Colorado Revised Statutes, 25.5-6-307, add (5)19
and (6) as follows:20
25.5-6-307.  Services for the elderly, blind, and disabled - rules.21
(5) (a)  B
EGINNING JULY 1, 2024, A TRANSPORTATION NETWORK22
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3), MAY PROVIDE23
NONMEDICAL TRANSPORTATION SERVICES PURSUANT TO THIS PART 3.24
(b)  T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL25
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (5).26
(c)  T
HE STATE DEPARTMENT SHALL PROMULGATE ANY NECESSARY27
HB22-1114
-3- RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES COMPLY WITH1
ANY REQUIRED BACKGROUND CHECKS , CAPS CHECKS, DRUG TESTS,2
TRAINING, AND VEHICLE INSPECTIONS.3
(6) (a)  N
O LATER THAN JANUARY 2024, THE STATE DEPARTMENT4
SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION OF5
SUBSECTION (5) OF THIS SECTION TO THE SENATE HEALTH AND HUMAN6
SERVICES COMMITTEE, THE HOUSE OF REPRESENTATIVES PUBLIC AND7
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMI TTEE	, AND THE HOUSE8
OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR ANY9
SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT FOR10
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)11
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A12
MINIMUM, THE REPORT MUST IDENTIFY A REIMBURSEMENT SYSTEM WITH13
A GOAL TO INCENTIVIZE AND INCREASE TRANSPORTATION PROVIDER14
PARTICIPATION.15
(b)  I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL16
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH17
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,18
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK19
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE20
REPORTING REQUIREMENT IN SECTIONS 25.5-6-409 (6), 25.5-6-606 (9),21
25.5-6-704
 (8), AND 25.5-6-1303 (9).22
SECTION 3. In Colorado Revised Statutes, 25.5-6-409, add (5)23
and (6) as follows:24
25.5-6-409.  Services for persons with intellectual and25
developmental disabilities - rules. (5) (a)  B
EGINNING JULY 1, 2024, A26
TRANSPORTATION NETWORK COMPANY , AS DEFINED IN SECTION27
HB22-1114
-4- 40-10.1-602 (3), MAY PROVIDE NONMEDICAL TRANSPORTATION SERVICES1
PURSUANT TO THIS PART 4.2
(b)  T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL3
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (5).4
(c)  T
HE STATE DEPARTMENT SHALL PROMULGATE ANY NECESSARY5
RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES COMPLY WITH6
ANY REQUIRED BACKGROUND CHECKS , CAPS CHECKS, DRUG TESTS,7
TRAINING, AND VEHICLE INSPECTIONS.8
(6) (a)  N
O LATER THAN JANUARY 2024, THE STATE DEPARTMENT9
SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION OF10
SUBSECTION (5) OF THIS SECTION TO THE SENATE HEALTH AND HUMAN11
SERVICES COMMITTEE, THE HOUSE OF REPRESENTATIVES PUBLIC AND12
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE , AND THE HOUSE13
OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR ANY14
SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT FOR15
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)16
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A17
MINIMUM, THE REPORT MUST IDENTIFY A REIMBURSEMENT SYSTEM WITH18
A GOAL TO INCENTIVIZE AND INCREASE TRANSPORTATION PROVIDER19
PARTICIPATION.20
(b)  I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL21
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH22
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,23
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK24
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE25
REPORTING REQUIREMENT IN SECTIONS 25.5-6-307 (6), 25.5-6-606 (9),26
25.5-6-704
 (8), AND 25.5-6-1303 (9).27
HB22-1114
-5- SECTION 4. In Colorado Revised Statutes, 25.5-6-606, add (8)1
and (9) as follows:2
25.5-6-606.  Implementation of program for persons with3
mental health disorders authorized - federal waiver - duties of the4
department of health care policy and financing and the department5
of human services - rules. (8) (a)  B
EGINNING JULY 1, 2024, A6
TRANSPORTATION NETWORK COMPANY , AS DEFINED IN SECTION7
40-10.1-602
 (3), MAY PROVIDE NONMEDICAL TRANSPORTATION SERVICES8
PURSUANT TO THIS PART 6.9
(b)  T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL10
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (8).11
(c)  T
HE STATE DEPARTMENT SHALL PROMULGATE ANY NECESSARY12
RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES COMPLY WITH13
ANY REQUIRED BACKGROUND CHECKS , CAPS CHECKS, DRUG TESTS,14
TRAINING, AND VEHICLE INSPECTIONS.15
(9) (a)  N
O LATER THAN JANUARY 2024, THE STATE DEPARTMENT16
SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION OF17
SUBSECTION (8) OF THIS SECTION TO THE SENATE HEALTH AND HUMAN18
SERVICES COMMITTEE, THE HOUSE OF REPRESENTATIVES PUBLIC AND19
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE , AND THE HOUSE20
OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR ANY21
SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT FOR22
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)23
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A24
MINIMUM, THE REPORT MUST IDENTIFY A REIMBURSEMENT SYSTEM WITH25
A GOAL TO INCENTIVIZE AND INCREASE TRANSPORTATION PROVIDER26
PARTICIPATION.27
HB22-1114
-6- (b)  IN DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL1
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH2
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,3
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK4
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE5
REPORTING REQUIREMENT IN SECTIONS 25.5-6-307(6), 25.5-6-409 (6),6
25.5-6-704
 (8), AND 25.5-6-1303 (9).7
SECTION 5. In Colorado Revised Statutes, 25.5-6-704, add (7)8
and (8) as follows:9
25.5-6-704.  Implementation of home- and community-based10
services program for persons with brain injury authorized - federal11
waiver - duties of the department - rules. (7) (a)  B
EGINNING JULY 1,12
2024,
 A TRANSPORTATION NETWORK COMPANY , AS DEFINED IN SECTION13
40-10.1-602
 (3), MAY PROVIDE NONMEDICAL TRANSPORTATION SERVICES14
PURSUANT TO THIS PART 7.15
(b)  T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL16
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (7).17
(c)  T
HE STATE DEPARTMENT SHALL PROMULGATE ANY NECESSARY18
RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES COMPLY WITH19
ANY REQUIRED BACKGROUND CHECKS , CAPS CHECKS, DRUG TESTS,20
TRAINING, AND VEHICLE INSPECTIONS.21
(8) (a)  N
O LATER THAN JANUARY 2024, THE STATE DEPARTMENT22
SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION OF23
SUBSECTION (7) OF THIS SECTION TO THE SENATE HEALTH AND HUMAN24
SERVICES COMMITTEE, THE HOUSE OF REPRESENTATIVES PUBLIC AND25
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMI TTEE	, AND THE HOUSE26
OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR ANY27
HB22-1114
-7- SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT FOR1
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)2
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A3
MINIMUM, THE REPORT MUST IDENTIFY A REIMBURSEMENT SYSTEM WITH4
A GOAL TO INCENTIVIZE AND INCREASE TRANSPORTATION PROVIDER5
PARTICIPATION.6
(b)  I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL7
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH8
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,9
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK10
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE11
REPORTING REQUIREMENT IN SECTIONS 25.5-6-307 (6), 25.5-6-409 (6),12
25.5-6-606
 (9), AND 25.5-6-1303 (9).13
SECTION 6. In Colorado Revised Statutes, 25.5-6-1303, add (8)14
and (9) as follows:15
25.5-6-1303.  Pilot program - complementary or alternative16
medicine - rules. (8) (a)  B
EGINNING JULY 1, 2024, A TRANSPORTATION17
NETWORK COMPANY , AS DEFINED IN SECTION 40-10.1-602 (3), MAY18
PROVIDE NONMEDICAL TRANSPORTATION SERVICES PURSUANT TO THIS19
PART 13.20
(b)  T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL21
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (8).22
(c)  T
HE STATE DEPARTMENT SHALL PROMULGATE ANY NECESSARY23
RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES COMPLY WITH24
ANY REQUIRED BACKGROUND CHECKS , CAPS CHECKS, DRUG TESTS,25
TRAINING, AND VEHICLE INSPECTIONS.26
(9) (a)  N
O LATER THAN JANUARY 2024, THE STATE DEPARTMENT27
HB22-1114
-8- SHALL SUBMIT A REPORT REGARDING THE IMPLEMENTATION OF1
SUBSECTION (8) OF THIS SECTION TO THE SENATE HEALTH AND HUMAN2
SERVICES COMMITTEE, THE HOUSE OF REPRESENTATIVES PUBLIC AND3
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE , AND THE HOUSE4
OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR ANY5
SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT FOR6
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)7
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A8
MINIMUM, THE REPORT MUST IDENTIFY A REIMBURSEMENT SYSTEM WITH9
A GOAL TO INCENTIVIZE AND INCREASE TRANSPORTATION PROVIDER10
PARTICIPATION.11
(b)  I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL12
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH13
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,14
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK15
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE16
REPORTING REQUIREMENT IN SECTIONS 25.5-6-307 (6), 25.5-6-409 (6),17
25.5-6-606
 (9), AND 25.5-6-704 (8).18
SECTION 7. Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2022 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
HB22-1114
-9-