Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0413.01 Shelby Ross x4510
HOUSE BILL 22-1114
House Committees Senate Committees
Public & Behavioral Health & Human Services Transportation & Energy
Appropriations 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
SENATE
3rd Reading Unamended
May 2, 2022
SENATE
Amended 2nd Reading
April 29, 2022
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, Bridges, Buckner, Coram, Donovan, Ginal, Gonzales, Hisey,
Lee, Liston, Moreno, Pettersen, Priola, Rankin, Scott, Simpson, Smallwood, Sonnenberg,
Winter, Woodward
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) The general assembly further finds that many adults with14
disabilities are reliant on transportation available through the home- and15
community-based services for the elderly, blind, and disabled waiver; the16
home- and community-based services for persons with intellectual and17
developmental disabilities waiver; the home- and community-based18
services for persons with major mental health disorders waiver; the home-19
and community-based services for persons with brain injury waiver; the20
home- and community-based supported living services waiver; and the21
complementary and alternative medicine for a person with a spinal cord22
injury waiver, to gain access to the community, including employment.23
(3) Therefore, the general assembly declares that it is imperative24
that Colorado allow for flexibility and growth in available transportation25
options for adults with disabilities at comparable costs and funded as an26
alternative to mass transportation in a way that maintains safety and27
1114
-3- fosters community living and independence for adults with disabilities.1
SECTION 2. In Colorado Revised Statutes, 25.5-6-307, add (5)2
as follows:3
25.5-6-307. Services for the elderly, blind, and disabled - rules.4
(5) (a) NO LATER THAN JANUARY 2024, THE STATE DEPARTMENT5
SHALL SUBMIT A REPORT 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:13
(I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND14
INCREASE TRANSPORTATION PROVIDER PARTICIPATION ;15
(II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE16
WITH APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS ;17
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT18
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI-PROVIDER19
SCENARIO; AND20
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE21
TO ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE22
NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING23
SERVICES, INCLUDING BUT NOT LIMITED TO, REIMBURSEMENT RATES;24
DRIVER COMPENSATION; AND INTEGRATION WITH PROGRAMS THAT25
PROVIDE NONMEDICAL TRANSPORTATION SERVICES .26
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL27
1114
-4- ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH1
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,2
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK3
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE4
REPORTING REQUIREMENT IN SECTIONS 25.5-6-409 (6), 25.5-6-606 (9),5
25.5-6-704
(8), AND 25.5-6-1303 (9).6 (c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN7
SUBSECTION (5)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL8
ANALYZE AND REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK9
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3). THE STATE10
DEPARTMENT SHALL VERIFY EACH TRANSPORTATION NETWORK11
COMPANY'S VIABILITY TO ENSURE THE HEALTH, SAFETY, WELFARE, COST12
EFFECTIVENESS, AND CAPABILITY IN EXPANDING NONMEDICAL13
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES14
PURSUANT TO THIS SECTION AND COMPLY WITH ALL RULES PROMULGATED15
PURSUANT TO SUBSECTION (5)(e)(I) OF THIS SECTION.16
(II) NO LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL17
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE18
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT19
FINDS THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL20
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS .21
(III) FOR THE PURPOSES OF THIS SUBSECTION (5)(c), "VERIFY"22
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL23
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION24
(5)(a) OF THIS SECTION.25
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL26
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (5).27
1114
-5- (e) (I) THE STATE DEPARTMENT SHALL PROMULGATE ANY1
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES2
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL3
INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID4
RECIPIENTS, TRANSPORTATION NETWORK COMPANIES , CURRENT5
PROVIDERS AND DRIVERS FOR NONMEDICAL TRANSPORTATION SERVICES,6
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT OF SUCH7
REQUIREMENTS.8
(II) PURSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION9
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC10
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION11
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO12
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS13
SUBSECTION (5)(e).14
(f) THIS SUBSECTION (5) DOES NOT APPLY TO A PROVIDER15
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART16
8 OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS17
SUBSECTION (5).18
SECTION 3. In Colorado Revised Statutes, 25.5-6-409, add (5)19
as follows:20
25.5-6-409. Services for persons with intellectual and21
developmental disabilities - rules. (5) (a) NO LATER THAN JANUARY22
2024,
THE STATE DEPARTMENT SHALL SUBMIT A REPORT
TO THE23
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
-6- "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), 25.5-6-606 (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
-7- 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
-8- 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 4. In Colorado Revised Statutes, 25.5-6-606, add (8)9
as follows:10
25.5-6-606. Implementation of program for persons with11
mental health disorders authorized - federal waiver - duties of the12
department of health care policy and financing and the department13
of human services - rules. (8) (a) NO LATER THAN JANUARY 2024, THE14
STATE DEPARTMENT SHALL SUBMIT A REPORT TO THE SENATE HEALTH15
AND HUMAN SERVICES COMMITTEE , THE HOUSE OF REPRESENTATIVES16
PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE , AND17
THE HOUSE OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR18
ANY SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT FOR19
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)20
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A21
MINIMUM, THE REPORT MUST IDENTIFY:22
(I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND23
INCREASE TRANSPORTATION PROVIDER PARTICIPATION ;24
(II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE25
WITH APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS ;26
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT27
1114
-9- DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI-PROVIDER1
SCENARIO; AND2
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE3
TO ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE4
NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING5
SERVICES, INCLUDING BUT NOT LIMITED TO, REIMBURSEMENT RATES;6
DRIVER COMPENSATION; AND INTEGRATION WITH PROGRAMS THAT7
PROVIDE NONMEDICAL TRANSPORTATION SERVICES .8
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL9
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH10
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,11
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK12
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE13
REPORTING REQUIREMENT IN SECTIONS 25.5-6-307(6), 25.5-6-409 (6),14
25.5-6-704
(8), AND 25.5-6-1303 (9).15
(c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN16
SUBSECTION (8)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL17
ANALYZE AND REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK18
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3). THE STATE19
DEPARTMENT SHALL VERIFY EACH TRANSPORTATION NETWORK20
COMPANY'S VIABILITY TO ENSURE THE HEALTH, SAFETY, WELFARE, COST21
EFFECTIVENESS, AND CAPABILITY IN EXPANDING NONMEDICAL22
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES23
PURSUANT TO THIS SECTION AND COMPLY WITH ALL RULES PROMULGATED24
PURSUANT TO SUBSECTION (8)(e)(I) OF THIS SECTION.25
(II) NO LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL26
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE27
1114
-10- NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT1
FINDS THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL2
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS .3
(III) FOR THE PURPOSES OF THIS SUBSECTION (8)(c), "VERIFY"4
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL5
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION6
(8)(a) OF THIS SECTION.7
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL8
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (8).9
(e) (I) THE STATE DEPARTMENT SHALL PROMULGATE ANY10
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES11
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL12
INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID13
RECIPIENTS, TRANSPORTATION NETWORK COMPANIES , CURRENT14
PROVIDERS AND DRIVERS FOR NONMEDICAL TRANSPORTATION SERVICES,15
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT OF SUCH16
REQUIREMENTS.17
(II) PURSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION18
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC19
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION20
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO21
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS22
SUBSECTION (8)(e).23
(f) THIS SUBSECTION (8) DOES NOT APPLY TO A PROVIDER24
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART25
8 OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS26
SUBSECTION (8).27
1114
-11- SECTION 5. In Colorado Revised Statutes, 25.5-6-704, add (7)1
as follows:2
25.5-6-704. Implementation of home- and community-based3
services program for persons with brain injury authorized - federal4
waiver - duties of the department - rules. (7) (a) NO LATER THAN5
J
ANUARY 2024, THE STATE DEPARTMENT SHALL SUBMIT A REPORT
TO6
THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE , THE HOUSE OF7
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN8
SERVICES COMMITTEE, AND THE HOUSE OF REPRESENTATIVES HEALTH AND9
INSURANCE COMMITTEE, OR ANY SUCCESSOR COMMITTEES, AS PART OF ITS10
"S
TATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND11
T
RANSPARENT (SMART) GOVERNMENT ACT" PRESENTATION REQUIRED12
BY SECTION 2-7-203. AT A
MINIMUM, THE REPORT MUST IDENTIFY:13
(I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND14
INCREASE TRANSPORTATION PROVIDER PARTICIPATION ;15
(II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE16
WITH APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS ; 17
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT18
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI-PROVIDER19
SCENARIO; AND20
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE21
TO ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE22
NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING23
SERVICES, INCLUDING BUT NOT LIMITED TO, REIMBURSEMENT RATES;24
DRIVER COMPENSATION; AND INTEGRATION WITH PROGRAMS THAT25
PROVIDE NONMEDICAL TRANSPORTATION SERVICES .26
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL27
1114
-12- ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH1
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES ,2
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK3
COMPANIES. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE4
REPORTING REQUIREMENT IN SECTIONS 25.5-6-307 (6), 25.5-6-409 (6),5
25.5-6-606
(9), AND 25.5-6-1303 (9).6 (c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN7
SUBSECTION (7)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL8
ANALYZE AND REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK9
COMPANY, AS DEFINED IN SECTION 40-10.1-602 (3). THE STATE10
DEPARTMENT SHALL VERIFY EACH TRANSPORTATION NETWORK11
COMPANY'S VIABILITY TO ENSURE THE HEALTH, SAFETY, WELFARE, COST12
EFFECTIVENESS, AND CAPABILITY IN EXPANDING NONMEDICAL13
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES14
PURSUANT TO THIS SECTION AND COMPLY WITH ALL RULES PROMULGATED15
PURSUANT TO SUBSECTION (7)(e)(I) OF THIS SECTION.16
(II) NO LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL17
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE18
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT19
FINDS THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL20
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS .21
(III) FOR THE PURPOSES OF THIS SUBSECTION (7)(c), "VERIFY"22
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL23
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION24
(7)(a) OF THIS SECTION.25
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL26
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (7).27
1114
-13- (e) (I) THE STATE DEPARTMENT SHALL PROMULGATE ANY1
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES2
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL3
INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID4
RECIPIENTS, TRANSPORTATION NETWORK COMPANIES , CURRENT5
PROVIDERS AND DRIVERS FOR NONMEDICAL TRANSPORTATION SERVICES,6
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT OF SUCH7
REQUIREMENTS.8
(II) PURSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION9
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC10
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION11
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO12
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS13
SUBSECTION (7)(e).14
(f) THIS SUBSECTION (7) DOES NOT APPLY TO A PROVIDER15
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART16
8 OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS17
SUBSECTION (7).18
SECTION 6. In Colorado Revised Statutes, 25.5-6-1303, add (8)19
as follows:20
25.5-6-1303. Pilot program - complementary or alternative21
medicine - rules. (8) (a) NO LATER THAN JANUARY 2024, THE STATE22
DEPARTMENT SHALL SUBMIT A REPORT TO THE SENATE HEALTH AND23
HUMAN SERVICES COMMITTEE , THE HOUSE OF REPRESENTATIVES PUBLIC24
AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE , AND THE25
HOUSE OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE , OR26
ANY SUCCESSOR COMMITTEES, AS PART OF ITS "STATE MEASUREMENT FOR27
1114
-14- 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 25.5-6-307 (6), 25.5-6-409 (6),22
25.5-6-606
(9), AND 25.5-6-704 (8).23
(c) (I) UPON COMPLETION OF THE REPORT DESCRIBED IN24
SUBSECTION (8)(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
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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 (8)(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 (8)(c), "VERIFY"12
MEANS A TRANSPORTATION NETWORK COMPANY MEETS ALL13
REQUIREMENTS RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION14
(8)(a) OF THIS SECTION.15
(d) THE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL16
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (8).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
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SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO2
RULES PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS3
SUBSECTION (8)(e).4
(f) THIS SUBSECTION (8) 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 (8).8
SECTION 7. In Colorado Revised Statutes, amend 40-10.1-6039
as follows:10
40-10.1-603. Limited regulation. Notwithstanding any other11
provision of law, Transportation network companies are governed12
exclusively by this part 6,
EXCEPT AS OTHERWISE PROVIDED IN ARTICLE 6
13
OF TITLE 25.5. A transportation network company is not subject to the14
commission's rate, entry, operational, or common carrier requirements,15
other than those requirements expressly set forth in this part 6.16
SECTION 8. Appropriation. (1) For the 2022-23 state fiscal17
year, $110,811 is appropriated to the department of health care policy and18
financing. This appropriation consists of $88,411 from the general fund,19
$16,726 from the healthcare affordability and sustainability fee cash fund20
created in section 25.5-4-402.4 (5)(a), C.R.S., and $5,674 from the21
children's basic health plan trust created in section 25.5-8-105 (a), C.R.S.22
To implement this act, the department may use this appropriation as23
follows:24
(a) $62,115 from the general fund for use by the executive25
director's office for general professional services and special projects; and26
(b) $48,686, which consists of $26,296 from the general fund,27
1114
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created in section 25.5-4-402.4 (5)(a), C.R.S., and $5,674 from the2
children's basic health plan trust created in section 25.5-8-105 (a), C.R.S.,3
for use by the executive director's office for medicaid management4
information system maintenance and projects.5
(2) For the 2022-23 state fiscal year, the general assembly6
anticipates that the department of health care policy and financing will7
receive $436,863 in federal funds. The appropriation in subsection (1) of8
this section is based on the assumption that the office will receive this9
amount of federal funds to be used as follows:10
(a) $62,115 for use by the executive director's office for general11
professional services and special projects, which amount is subject to the12
"(I)" notation as defined in the annual general appropriation act for the13
same fiscal year;14
(b) $374,748 for use by the executive director's office for medicaid15
management information system maintenance and projects, which amount16
is subject to the "(I)" notation as defined in the annual general17
appropriation act for the same fiscal year.18
SECTION 9. 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
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