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-