Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0413.01 Shelby Ross x4510
HOUSE BILL 22-1114
House Committees Senate Committees
Public & Behavioral Health & Human Services
Appropriations
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, AND, IN CONNECTION THEREWITH, MAKING AN104
APPROPRIATION.105
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
HOUSE
3rd Reading Unamended
April 25, 2022
HOUSE
Amended 2nd Reading
April 22, 2022
HOUSE SPONSORSHIP
Larson and Valdez A., Bernett, Bird, Boesenecker, Carver, Exum, Herod, Hooton, Jodeh,
Lindsay, McCluskie, Michaelson Jenet, Mullica, Ricks, Titone, Woodrow, Young
SENATE SPONSORSHIP
Zenzinger and Kirkmeyer,
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. persons enrolled in certain medicaid waiver programs, including home-
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
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
as follows:20
25.5-6-307. Services for the elderly, blind, and disabled - rules.21
(5) (a) NO LATER THAN JANUARY 2024, THE STATE DEPARTMENT22
SHALL SUBMIT A REPORT TO THE SENATE HEALTH AND HUMAN23
SERVICES COMMITTEE, THE HOUSE OF REPRESENTATIVES PUBLIC AND24
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE , AND THE HOUSE25
OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR ANY26
SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT FOR27
1114
-3- ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)1
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A2 MINIMUM, THE REPORT MUST IDENTIFY:3
(I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND4
INCREASE TRANSPORTATION PROVIDER PARTICIPATION ;5
(II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE6
WITH APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS ;7
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT8
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI-PROVIDER9
SCENARIO; AND10
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE11
TO ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE12
NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING13
SERVICES, INCLUDING BUT NOT LIMITED TO, REIMBURSEMENT RATES;14
DRIVER COMPENSATION; AND INTEGRATION WITH PROGRAMS THAT15
PROVIDE NONMEDICAL TRANSPORTATION SERVICES .16
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL17
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH18
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,19
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK20
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE21
REPORTING REQUIREMENT IN SECTIONS 25.5-6-409 (6), 25.5-6-606 (9),22
25.5-6-704
(8), AND 25.5-6-1303 (9).23
(c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN24
SUBSECTION (5)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL25
ANALYZE AND REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK26
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3). THE STATE27
1114
-4- DEPARTMENT SHALL VERIFY EACH TRANSPORTATION NETWORK1
COMPANY'S VIABILITY TO ENSURE THE HEALTH, SAFETY, WELFARE, COST2
EFFECTIVENESS, AND CAPABILITY IN EXPANDING NONMEDICAL3
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES4
PURSUANT TO THIS SECTION AND COMPLY WITH ALL RULES PROMULGATED5
PURSUANT TO SUBSECTION (5)(e)(I) OF THIS SECTION.6
(II) NO LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL7
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE8
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT9
FINDS THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL10
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS .11
(III) FOR THE PURPOSES OF THIS SUBSECTION (5)(c), "VERIFY"12
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL13
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION14
(5)(a) OF THIS SECTION.15
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL16
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (5).17
(e) (I) THE STATE DEPARTMENT SHALL PROMULGATE ANY18
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES19
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL20
INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID21
RECIPIENTS, TRANSPORTATION NETWORK COMPANIES , CURRENT22
PROVIDERS AND DRIVERS FOR NONMEDICAL TRANSPORTATION SERVICES,23
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT OF SUCH24
REQUIREMENTS.25
(II) PURSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION26
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC27
1114
-5- UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION1
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO2
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS3
SUBSECTION (5)(e).4
(f) THIS SUBSECTION (5) DOES NOT APPLY TO A PROVIDER5
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART6
8 OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS7
SUBSECTION (5).8
SECTION 3. In Colorado Revised Statutes, 25.5-6-409, add (5)9
as follows:10
25.5-6-409. Services for persons with intellectual and11
developmental disabilities - rules. (5) (a) NO LATER THAN JANUARY12
2024,
THE STATE DEPARTMENT SHALL SUBMIT A REPORT
TO THE13
SENATE HEALTH AND HUMAN SERVICES COMMITTEE , THE HOUSE OF14
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN15
SERVICES COMMITTEE, AND THE HOUSE OF REPRESENTATIVES HEALTH AND16
INSURANCE COMMITTEE, OR ANY SUCCESSOR COMMITTEES, AS PART OF ITS17
"S
TATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND18
T
RANSPARENT (SMART) GOVERNMENT ACT" PRESENTATION REQUIRED19
BY SECTION 2-7-203. AT A
MINIMUM, THE REPORT MUST IDENTIFY:20
(I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND21
INCREASE TRANSPORTATION PROVIDER PARTICIPATION ;22
(II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE23
WITH APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS ;24
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT25
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI-PROVIDER26
SCENARIO; AND27
1114
-6- (IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE1
TO ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE2
NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING3
SERVICES, INCLUDING BUT NOT LIMITED TO, REIMBURSEMENT RATES;4
DRIVER COMPENSATION; AND INTEGRATION WITH PROGRAMS THAT5
PROVIDE NONMEDICAL TRANSPORTATION SERVICES .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), 25.5-6-606 (9),12
25.5-6-704
(8), AND 25.5-6-1303 (9).13
(c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN14
SUBSECTION (5)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL15
ANALYZE AND REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK16
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3). THE STATE17
DEPARTMENT SHALL VERIFY EACH TRANSPORTATION NETWORK18
COMPANY'S VIABILITY TO ENSURE THE HEALTH, SAFETY, WELFARE, COST19
EFFECTIVENESS, AND CAPABILITY IN EXPANDING NONMEDICAL20
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES21
PURSUANT TO THIS SECTION AND COMPLY WITH ALL RULES PROMULGATED22
PURSUANT TO SUBSECTION (5)(e)(I) OF THIS SECTION.23
(II) NO LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL24
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE25
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT26
FINDS THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL27
1114
-7- REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS .1
(III) FOR THE PURPOSES OF THIS SUBSECTION (5)(c), "VERIFY"2
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL3
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION4
(5)(a) OF THIS SECTION.5
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL6
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (5).7
(e) (I) THE STATE DEPARTMENT SHALL PROMULGATE ANY8
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES9
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL10
INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID11
RECIPIENTS, TRANSPORTATION NETWORK COMPANIES , CURRENT12
PROVIDERS AND DRIVERS FOR NONMEDICAL TRANSPORTATION SERVICES,13
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT OF SUCH14
REQUIREMENTS.15
(II) PURSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION16
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC17
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION18
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO19
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS20
SUBSECTION (5)(e).21
(f) THIS SUBSECTION (5) DOES NOT APPLY TO A PROVIDER22
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART23
8 OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS24
SUBSECTION (5).25
SECTION 4. In Colorado Revised Statutes, 25.5-6-606, add (8)26
as follows:27
1114
-8- 25.5-6-606. Implementation of program for persons with1
mental health disorders authorized - federal waiver - duties of the2
department of health care policy and financing and the department3
of human services - rules. (8) (a) NO LATER THAN JANUARY 2024, THE4
STATE DEPARTMENT SHALL SUBMIT A REPORT TO THE SENATE HEALTH5
AND HUMAN SERVICES COMMITTEE , THE HOUSE OF REPRESENTATIVES6
PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE , AND7
THE HOUSE OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR8
ANY SUCCESSOR COMMI TTEES , AS PART OF ITS "STATE MEASUREMENT FOR9
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)10
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A11
MINIMUM, THE REPORT MUST IDENTIFY:12
(I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND13
INCREASE TRANSPORTATION PROVIDER PARTICIPATION ;14
(II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE15
WITH APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS ;16
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT17
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI-PROVIDER18
SCENARIO; AND19
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE20
TO ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE21
NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING22
SERVICES, INCLUDING BUT NOT LIMITED TO, REIMBURSEMENT RATES;23
DRIVER COMPENSATION ; AND INTEGRATION WITH PROGRAMS THAT24
PROVIDE NONMEDICAL TRANSPORTATION SERVICES .25
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL26
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH27
1114
-9- INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,1
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK2
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE3
REPORTING REQUIREMENT IN SECTIONS 25.5-6-307(6), 25.5-6-409 (6),4
25.5-6-704
(8), AND 25.5-6-1303 (9).5 (c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN6
SUBSECTION (8)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL7
ANALYZE AND REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK8
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3). THE STATE9
DEPARTMENT SHALL VERIFY EACH TRANSPORTATION NETWORK10
COMPANY'S VIABILITY TO ENSURE THE HEALTH, SAFETY, WELFARE, COST11
EFFECTIVENESS, AND CAPABILITY IN EXPANDING NONMEDICAL12
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES13
PURSUANT TO THIS SECTION AND COMPLY WITH ALL RULES PROMULGATED14
PURSUANT TO SUBSECTION (8)(e)(I) OF THIS SECTION.15
(II) NO LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL16
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE17
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT18
FINDS THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL19
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS .20
(III) FOR THE PURPOSES OF THIS SUBSECTION (8)(c), "VERIFY"21
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL22
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION23
(8)(a) OF THIS SECTION.24
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL25
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (8).26
(e) (I) THE STATE DEPARTMENT SHALL PROMULGATE ANY27
1114
-10- NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES1
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL2
INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID3
RECIPIENTS, TRANSPORTATION NETWORK COMPANIES , CURRENT4
PROVIDERS AND DRIVERS FOR NONMEDICAL TRANSPORTATION SERVICES,5
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT OF SUCH6
REQUIREMENTS.7
(II) PURSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION8
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC9
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION10
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO11
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS12
SUBSECTION (8)(e).13
(f) THIS SUBSECTION (8) DOES NOT APPLY TO A PROVIDER14
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART15
8 OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS16
SUBSECTION (8).17
SECTION 5. In Colorado Revised Statutes, 25.5-6-704, add (7)18
as follows:19
25.5-6-704. Implementation of home- and community-based20
services program for persons with brain injury authorized - federal21
waiver - duties of the department - rules. (7) (a) NO LATER THAN22
J
ANUARY 2024, THE STATE DEPARTMENT SHALL SUBMIT A REPORT
TO23
THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE , THE HOUSE OF24
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN25
SERVICES COMMITTEE, AND THE HOUSE OF REPRESENTATIVES HEALTH AND26
INSURANCE COMMITTEE, OR ANY SUCCESSOR COMMITTEES, AS PART OF ITS27
1114
-11- "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND1
T
RANSPARENT (SMART) GOVERNMENT ACT" PRESENTATION REQUIRED2
BY SECTION 2-7-203. AT A
MINIMUM, THE REPORT MUST IDENTIFY:3
(I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND4
INCREASE TRANSPORTATION PROVIDER PARTICIPATION ;5
(II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE6
WITH APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS ; 7
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT8
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI-PROVIDER9
SCENARIO; AND10
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE11
TO ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE12
NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING13
SERVICES, INCLUDING BUT NOT LIMITED TO, REIMBURSEMENT RATES;14
DRIVER COMPENSATION; AND INTEGRATION WITH PROGRAMS THAT15
PROVIDE NONMEDICAL TRANSPORTATION SERVICES .16
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL17
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH18
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,19
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK20
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE21
REPORTING REQUIREMENT IN SECTIONS 25.5-6-307 (6), 25.5-6-409 (6),22
25.5-6-606
(9), AND 25.5-6-1303 (9).23
(c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN24
SUBSECTION (7)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL25
ANALYZE AND REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK26
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3). THE STATE27
1114
-12- DEPARTMENT SHALL VERIFY EACH TRANSPORTATION NETWORK1
COMPANY'S VIABILITY TO ENSURE THE HEALTH, SAFETY, WELFARE, COST2
EFFECTIVENESS, AND CAPABILITY IN EXPANDING NONMEDICAL3
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES4
PURSUANT TO THIS SECTION AND COMPLY WITH ALL RULES PROMULGATED5
PURSUANT TO SUBSECTION (7)(e)(I) OF THIS SECTION.6
(II) NO LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL7
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE8
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT9
FINDS THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL10
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS .11
(III) FOR THE PURPOSES OF THIS SUBSECTION (7)(c), "VERIFY"12
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL13
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION14
(7)(a) OF THIS SECTION.15
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL16
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (7).17
(e) (I) THE STATE DEPARTMENT SHALL PROMULGATE ANY18
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES19
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL20
INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID21
RECIPIENTS, TRANSPORTATION NETWORK COMPANIES , CURRENT22
PROVIDERS AND DRIVERS FOR NONMEDICAL TRANSPORTATION SERVICES,23
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT OF SUCH24
REQUIREMENTS.25
(II) PURSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION26
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC27
1114
-13- UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION1
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO2
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS3
SUBSECTION (7)(e).4
(f) THIS SUBSECTION (7) DOES NOT APPLY TO A PROVIDER5
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART6
8 OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS7
SUBSECTION (7).8
SECTION 6. In Colorado Revised Statutes, 25.5-6-1303, add (8)9
as follows:10
25.5-6-1303. Pilot program - complementary or alternative11
medicine - rules. (8) (a) NO LATER THAN JANUARY 2024, THE STATE12
DEPARTMENT SHALL SUBMIT A REPORT TO THE SENATE HEALTH AND13
HUMAN SERVICES COMMITTEE , THE HOUSE OF REPRESENTATIVES PUBLIC14
AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE , AND THE15
HOUSE OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR16
ANY SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT FOR17
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)18
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A19
MINIMUM, THE REPORT MUST IDENTIFY:20
(I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND21
INCREASE TRANSPORTATION PROVIDER PARTICIPATION ;22
(II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE23
WITH APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS ;24
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT25
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI-PROVIDER26
SCENARIO; AND27
1114
-14- (IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE1
TO ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE2
NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING3
SERVICES, INCLUDING BUT NOT LIMITED TO, REIMBURSEMENT RATES;4
DRIVER COMPENSATION; AND INTEGRATION WITH PROGRAMS THAT5
PROVIDE NONMEDICAL TRANSPORTATION SERVICES .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 25.5-6-704 (8).13
(c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN14
SUBSECTION (8)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL15
ANALYZE AND REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK16
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3). THE STATE17
DEPARTMENT SHALL VERIFY EACH TRANSPORTATION NETWORK18
COMPANY'S VIABILITY TO ENSURE THE HEALTH, SAFETY, WELFARE, COST19
EFFECTIVENESS, AND CAPABILITY IN EXPANDING NONMEDICAL20
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES21
PURSUANT TO THIS SECTION AND COMPLY WITH ALL RULES PROMULGATED22
PURSUANT TO SUBSECTION (8)(e)(I) OF THIS SECTION.23
(II) NO LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL24
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE25
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT26
FINDS THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL27
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-15- REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS .1
(III) FOR THE PURPOSES OF THIS SUBSECTION (8)(c), "VERIFY"2
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL3
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION4
(8)(a) OF THIS SECTION.5
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL6
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (8).7
(e) (I) THE STATE DEPARTMENT SHALL PROMULGATE ANY8
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES9
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL10
INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID11
RECIPIENTS, TRANSPORTATION NETWORK COMPANIES , CURRENT12
PROVIDERS AND DRIVERS FOR NONMEDICAL TRANSPORTATION SERVICES,13
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT OF SUCH14
REQUIREMENTS.15
(II) PURSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION16
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC17
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION18
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO19
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS20
SUBSECTION (8)(e).21
(f) THIS SUBSECTION (8) DOES NOT APPLY TO A PROVIDER22
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART23
8 OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS24
SUBSECTION (8).25
SECTION 7. Appropriation. (1) For the 2022-23 state fiscal26
year, $110,811 is appropriated to the department of health care policy and27
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-16- financing. This appropriation consists of $88,411 from the general fund,1
$16,726 from the healthcare affordability and sustainability fee cash fund2
created in section 25.5-4-402.4 (5)(a), C.R.S., and $5,674 from the3
children's basic health plan trust created in section 25.5-8-105 (a), C.R.S.4
To implement this act, the department may use this appropriation as5
follows:6
(a) $62,115 from the general fund for use by the executive7
director's office for general professional services and special projects; and8
(b) $48,686, which consists of $26,296 from the general fund,9
$16,726 from the healthcare affordability and sustainability fee cash fund10
created in section 25.5-4-402.4 (5)(a), C.R.S., and $5,674 from the11
children's basic health plan trust created in section 25.5-8-105 (a), C.R.S.,12
for use by the executive director's office for medicaid management13
information system maintenance and projects.14
(2) For the 2022-23 state fiscal year, the general assembly15
anticipates that the department of health care policy and financing will16
receive $436,863 in federal funds. The appropriation in subsection (1) of17
this section is based on the assumption that the office will receive this18
amount of federal funds to be used as follows:19
(a) $62,115 for use by the executive director's office for general20
professional services and special projects, which amount is subject to the21
"(I)" notation as defined in the annual general appropriation act for the22
same fiscal year;23
(b) $374,748 for use by the executive director's office for medicaid24
management information system maintenance and projects, which amount25
is subject to the "(I)" notation as defined in the annual general26
appropriation act for the same fiscal year.27
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-17- SECTION 8. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2022 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
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