HOUSE BILL 22-1114
BY REPRESENTATIVE(S) Larson and Valdez A., Bernett, Bird,
Boesenecker, Carver, Exum, Herod, Hooton, Jodeh, Lindsay, McCluskie,
Michaelson Jenet, Mullica, Ricks, Titone, Woodrow, Young;
also SENATOR(S) Zenzinger and Kirkmeyer, Bridges, Buckner, Coram,
Donovan, Ginal, Gonzales, Hisey, Lee, Liston, Moreno, Pettersen, Priola,
Rankin, Scott, Simpson, Smallwood, Sonnenberg, Winter, Woodward.
C
ONCERNING AUTHORIZING A TRANSPORTATION NETWORK COMPANY TO
PROVIDE NONMEDICAL TRANSPORTATION SERVICES TO PERSONS WHO
ARE ENROLLED IN CERTAIN MEDICAID WAIVER PROGRAMS
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) Adults with disabilities deserve an opportunity to live, work, and
perform everyday activities in a community of their choice, at the time of
their choosing, wherever and whenever possible;
(b) Coloradans with disabilities are unemployed and underemployed
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. at a higher rate than the general population and often live in relative
isolation due to myriad barriers and disincentives despite their interest and
eagerness to work and engage in the community;
(c) Colorado is an Employment First state committed to addressing
barriers and disincentives to employment to ensure that all Coloradans can
access meaningful, competitive integrated employment;
(d) Meaningful employment and day habilitation services, whether
accessed separately or jointly, foster independence and allow adults with
disabilities to make meaningful connections in their community;
(e) For adults with disabilities, transportation represents a significant
barrier to accessing employment and day habilitation services in the
community;
(f) Many adults with disabilities are reliant on transportation
available through home- and community-based services waivers to gain
access to the community, including employment;
(g) Traditional methods of transportation outlined in the waivers are
often inefficient and overburdened;
(h) For the past decade, Colorado, following national trends, has
experienced a shortage in direct service providers, including transportation
service providers;
(i) Even where accessible public transportation exists, adults with
disabilities and service providers consider current transportation options
inadequate; and
(j) Adults with disabilities require workplace and day habilitation
transportation that is safe, efficient, and cost effective.
(2) The general assembly further finds that many adults with
disabilities are reliant on transportation available through the home- and
community-based services for the elderly, blind, and disabled waiver; the
home- and community-based services for persons with intellectual and
developmental disabilities waiver; the home- and community-based services
for persons with major mental health disorders waiver; the home- and
PAGE 2-HOUSE BILL 22-1114 community-based services for persons with brain injury waiver; the home-
and community-based supported living services waiver; and the
complementary and alternative medicine for a person with a spinal cord
injury waiver, to gain access to the community, including employment.
(3) Therefore, the general assembly declares that it is imperative that
Colorado allow for flexibility and growth in available transportation options
for adults with disabilities at comparable costs and funded as an alternative
to mass transportation in a way that maintains safety and fosters community
living and independence for adults with disabilities.
SECTION 2. In Colorado Revised Statutes, 25.5-6-307, add (5) as
follows:
25.5-6-307. Services for the elderly, blind, and disabled - rules.
(5) (a) N
O LATER THAN JANUARY 2024, THE STATE DEPARTMENT SHALL
SUBMIT A REPORT TO THE SENATE HEALTH AND HUMAN SERVICES
COMMITTEE
, THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL
HEALTH AND HUMAN SERVICES COMMITTEE
, AND THE HOUSE OF
REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE
, OR ANY SUCCESSOR
COMMITTEES
, AS PART OF ITS "STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT"
PRESENTATION REQUIRED BY SECTION 2-7-203. AT A MINIMUM, THE REPORT
MUST IDENTIFY
:
(I) A
REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND
INCREASE TRANSPORTATION PROVIDER PARTICIPATION
;
(II) H
OW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE WITH
APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS
;
(III) A
SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI
-PROVIDER SCENARIO;
AND
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE TO
ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE NONMEDICAL
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES
,
INCLUDING BUT NOT LIMITED TO , REIMBURSEMENT RATES ; DRIVER
COMPENSATION
; AND INTEGRATION WITH PROGRAMS THAT PROVIDE
PAGE 3-HOUSE BILL 22-1114 NONMEDICAL TRANSPORTATION SERVICES .
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVI DUALS WITH
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES
,
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK
COMPANIES
. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE
REPORTING REQUIREMENT IN SECTIONS
25.5-6-409 (6), 25.5-6-606 (9),
25.5-6-704
(8), AND 25.5-6-1303 (9).
(c) (I) U
PON COMPLETION OF THE REPORT DESCRIBED IN SUBSECTION
(5)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL ANALYZE AND
REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK COMPANY
, AS
DEFINED IN SECTION
40-10.1-602 (3). THE STATE DEPARTMENT SHALL
VERIFY EACH TRANSPORTATION NETWORK COMPANY
'S VIABILITY TO ENSURE
THE HEALTH
, SAFETY, WELFARE, COST EFFECTIVENESS, AND CAPABILITY IN
EXPANDING NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS
RECEIVING SERVICES PURSUANT TO THIS SECTION AND COMPLY WITH ALL
RULES PROMULGATED PURSUANT TO SUBSECTION
(5)(e)(I) OF THIS SECTION.
(II) N
O LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT FINDS
THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS
.
(III) F
OR THE PURPOSES OF THIS SUBSECTION (5)(c), "VERIFY" MEANS
A TRANSPORTATION NETWORK COMPANY MEETS ALL REQUIREMENTS
RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION
(5)(a) OF THIS
SECTION
.
(d) T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION
(5).
(e) (I) T
HE STATE DEPARTMENT SHALL PROMULGATE ANY
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL
INCLUDE ALL RELEVANT STAKEHOLDERS
, INCLUDING MEDICAID RECIPIENTS,
TRANSPORTATION NETWORK COMPANIES , CURRENT PROVIDERS AND DRIVERS
FOR NONMEDICAL TRANSPORTATION SERVICES
, AND OTHER INTERESTED
PAGE 4-HOUSE BILL 22-1114 PARTIES IN THE DEVELOPMENT OF SUCH REQUIREMENTS .
(II) P
URSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO RULES
PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS SUBSECTION
(5)(e).
(f) T
HIS SUBSECTION (5) DOES NOT APPLY TO A PROVIDER
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART
8
OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION
(5).
SECTION 3. In Colorado Revised Statutes, 25.5-6-409, add (5) as
follows:
25.5-6-409. Services for persons with intellectual and
developmental disabilities - rules. (5) (a) N
O LATER THAN JANUARY 2024,
THE STATE DEPARTMENT SHALL SUBMIT A REPORT TO THE SENATE HEALTH
AND HUMAN SERVICES COMMITTEE
, THE HOUSE OF REPRESENTATIVES PUBLIC
AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMI TTEE
, AND THE
HOUSE OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE
, OR ANY
SUCCESSOR COMMITTEES
, AS PART OF ITS "STATE MEASUREMENT FOR
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A MINIMUM, THE
REPORT MUST IDENTIFY
:
(I) A
REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND
INCREASE TRANSPORTATION PROVIDER PARTICIPATION
;
(II) H
OW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE WITH
APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS
;
(III) A
SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI
-PROVIDER SCENARIO;
AND
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE TO
ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE NONMEDICAL
PAGE 5-HOUSE BILL 22-1114 TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES ,
INCLUDING BUT NOT LIMITED TO , REIMBURSEMENT RATES ; DRIVER
COMPENSATION
; AND INTEGRATION WITH PROGRAMS THAT PROVIDE
NONMEDICAL TRANSPORTATION SERVICES
.
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES
,
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK
COMPANIES
. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE
REPORTING REQUIREMENT IN SECTIONS
25.5-6-307 (6), 25.5-6-606 (9),
25.5-6-704
(8), AND 25.5-6-1303 (9).
(c) (I) U
PON COMPLETION OF THE REPORT DESCRIBED IN SUBSECTION
(5)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL ANALYZE AND
REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK COMPANY
, AS
DEFINED IN SECTION
40-10.1-602 (3). THE STATE DEPARTMENT SHALL
VERIFY EACH TRANSPORTATION NETWORK COMPANY
'S VIABILITY TO ENSURE
THE HEALTH
, SAFETY, WELFARE, COST EFFECTIVENESS, AND CAPABILITY IN
EXPANDING NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS
RECEIVING SERVICES PURSUANT TO THIS SECTION AND COMPLY WITH ALL
RULES PROMULGATED PURSUANT TO SUBSECTION
(5)(e)(I) OF THIS SECTION.
(II) N
O LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT FINDS
THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS
.
(III) F
OR THE PURPOSES OF THIS SUBSECTION (5)(c), "VERIFY" MEANS
A TRANSPORTATION NETWORK COMPANY MEETS ALL REQUIREMENTS
RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION
(5)(a) OF THIS
SECTION
.
(d) T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION
(5).
(e) (I) T
HE STATE DEPARTMENT SHALL PROMULGATE ANY
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL
PAGE 6-HOUSE BILL 22-1114 INCLUDE ALL RELEVANT STAKEHOLDERS , INCLUDING MEDICAID RECIPIENTS,
TRANSPORTATION NETWORK COMPANIES , CURRENT PROVIDERS AND DRIVERS
FOR NONMEDICAL TRANSPORTATION SERVICES
, AND OTHER INTERESTED
PARTIES IN THE DEVELOPMENT OF SUCH REQUIREMENTS
.
(II) P
URSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO RULES
PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS SUBSECTION
(5)(e).
(f) T
HIS SUBSECTION (5) DOES NOT APPLY TO A PROVIDER
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART
8
OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION
(5).
SECTION 4. In Colorado Revised Statutes, 25.5-6-606, add (8) as
follows:
25.5-6-606. Implementation of program for persons with mental
health disorders authorized - federal waiver - duties of the department
of health care policy and financing and the department of human
services - rules. (8) (a) N
O LATER THAN JANUARY 2024, THE STATE
DEPARTMENT SHALL SUBMIT A REPORT TO THE SENATE HEALTH AND HUMAN
SERVICES COMMITTEE
, THE HOUSE OF REPRESENTATIVES PUBLIC AND
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE
, AND THE HOUSE
OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE
, OR ANY
SUCCESSOR COMMITTEES
, AS PART OF ITS "STATE MEASUREMENT FOR
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A MINIMUM, THE
REPORT MUST IDENTIFY
:
(I) A
REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND
INCREASE TRANSPORTATION PROVIDER PARTICIPATION
;
(II) H
OW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE WITH
APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS
;
(III) A
SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT
PAGE 7-HOUSE BILL 22-1114 DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI -PROVIDER SCENARIO;
AND
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE TO
ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE NONMEDICAL
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES
,
INCLUDING BUT NOT LIMITED TO , REIMBURSEMENT RATES ; DRIVER
COMPENSATION
; AND INTEGRATION WITH PROGRAMS THAT PROVIDE
NONMEDICAL TRANSPORTATION SERVICES
.
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES
,
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK
COMPANIES
. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE
REPORTING REQUIREMENT IN SECTIONS
25.5-6-307(6), 25.5-6-409 (6),
25.5-6-704
(8), AND 25.5-6-1303 (9).
(c) (I) U
PON COMPLETION OF THE REPORT DESCRIBED IN SUBSECTION
(8)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL ANALYZE AND
REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK COMPANY
, AS
DEFINED IN SECTION
40-10.1-602 (3). THE STATE DEPARTMENT SHALL
VERIFY EACH TRANSPORTATION NETWORK COMPANY
'S VIABILITY TO ENSURE
THE HEALTH
, SAFETY, WELFARE, COST EFFECTIVENESS, AND CAPABILITY IN
EXPANDING NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS
RECEIVING SERVICES PURSUANT TO THIS SECTION AND COMPLY WITH ALL
RULES PROMULGATED PURSUANT TO SUBSECTION
(8)(e)(I) OF THIS SECTION.
(II) N
O LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT FINDS
THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS
.
(III) F
OR THE PURPOSES OF THIS SUBSECTION (8)(c), "VERIFY" MEANS
A TRANSPORTATION NETWORK COMPANY MEETS ALL REQUIREMENTS
RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION
(8)(a) OF THIS
SECTION
.
(d) T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL
PAGE 8-HOUSE BILL 22-1114 AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION (8).
(e) (I) T
HE STATE DEPARTMENT SHALL PROMULGATE ANY
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL
INCLUDE ALL RELEVANT STAKEHOLDERS
, INCLUDING MEDICAID RECIPIENTS,
TRANSPORTATION NETWORK COMPANIES , CURRENT PROVIDERS AND DRIVERS
FOR NONMEDICAL TRANSPORTATION SERVICES
, AND OTHER INTERESTED
PARTIES IN THE DEVELOPMENT OF SUCH REQUIREMENTS
.
(II) P
URSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO RULES
PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS SUBSECTION
(8)(e).
(f) T
HIS SUBSECTION (8) DOES NOT APPLY TO A PROVIDER
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART
8
OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION
(8).
SECTION 5. In Colorado Revised Statutes, 25.5-6-704, add (7) as
follows:
25.5-6-704. Implementation of home- and community-based
services program for persons with brain injury authorized - federal
waiver - duties of the department - rules. (7) (a) N
O LATER THAN
JANUARY 2024, THE STATE DEPARTMENT SHALL SUBMIT A REPORT TO THE
SENATE HEALTH AND HUMAN SERVICES COMMITTEE
, THE HOUSE OF
REPRESENTATIVES PUBLIC AND BE HAVIORAL HEALTH AND HUMAN SERVICES
COMMITTEE
, AND THE HOUSE OF REPRESENTATIVES HEALTH AND INSURANCE
COMMITTEE
, OR ANY SUCCESSOR COMMITTEES , AS PART OF ITS "STATE
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT" PRESENTATION REQUIRED BY SECTION
2-7-203. AT A MINIMUM, THE REPORT MUST IDENTIFY:
(I) A
REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND
INCREASE TRANSPORTATION PROVIDER PARTICIPATION
;
PAGE 9-HOUSE BILL 22-1114 (II) HOW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE WITH
APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS
;
(III) A SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI
-PROVIDER SCENARIO;
AND
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE TO
ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE NONMEDICAL
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES
,
INCLUDING BUT NOT LIMITED TO , REIMBURSEMENT RATES ; DRIVER
COMPENSATION
; AND INTEGRATION WITH PROGRAMS THAT PROVIDE
NONMEDICAL TRANSPORTATION SERVICES
.
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVIDUALS WITH
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES
,
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK
COMPANIES
. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE
REPORTING REQUIREMENT IN SECTIONS
25.5-6-307 (6), 25.5-6-409 (6),
25.5-6-606
(9), AND 25.5-6-1303 (9).
(c) (I) U
PON COMPLETION OF THE REPORT DESCRIBED IN SUBSECTION
(7)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL ANALYZE AND
REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK COMPANY
, AS
DEFINED IN SECTION
40-10.1-602 (3). THE STATE DEPARTMENT SHALL
VERIFY EACH TRANSPORTATION NETWORK COMPANY
'S VIABILITY TO ENSURE
THE HEALTH
, SAFETY, WELFARE, COST EFFECTIVENESS, AND CAPABILITY IN
EXPANDING NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS
RECEIVING SERVICES PURSUANT TO THIS SECTION AND COMPLY WITH ALL
RULES PROMULGATED PURSUANT TO SUBSECTION
(7)(e)(I) OF THIS SECTION.
(II) N
O LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT FINDS
THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS
.
(III) F
OR THE PURPOSES OF THIS SUBSECTION (7)(c), "VERIFY" MEANS
A TRANSPORTATION NETWORK COMPANY MEETS ALL REQUIREMENTS
PAGE 10-HOUSE BILL 22-1114 RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION (7)(a) OF THIS
SECTION
.
(d) T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION
(7).
(e) (I) T
HE STATE DEPARTMENT SHALL PROMULGATE ANY
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL
INCLUDE ALL RELEVANT STAKEHOLDERS
, INCLUDING MEDICAID RECIPIENTS,
TRANSPORTATION NETWORK COMPANIES , CURRENT PROVIDERS AND DRIVERS
FOR NONMEDICAL TRANSPORTATION SERVICES
, AND OTHER INTERESTED
PARTIES IN THE DEVELOPMENT OF SUCH REQUIREMENTS
.
(II) P
URSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO RULES
PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS SUBSECTION
(7)(e).
(f) T
HIS SUBSECTION (7) DOES NOT APPLY TO A PROVIDER
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART
8
OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION
(7).
SECTION 6. In Colorado Revised Statutes, 25.5-6-1303, add (8)
as follows:
25.5-6-1303. Pilot program - complementary or alternative
medicine - rules. (8) (a) N
O LATER THAN JANUARY 2024, THE STATE
DEPARTMENT SHALL SUBMIT A REPORT TO THE SENATE HEALTH AND HUMAN
SERVICES COMMITTEE
, THE HOUSE OF REPRESENTATIVES PUBLIC AND
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE
, AND THE HOUSE
OF REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE
, OR ANY
SUCCESSOR COMMITTEES
, AS PART OF ITS "STATE MEASUREMENT FOR
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
ACT" PRESENTATION REQUIRED BY SECTION 2-7-203. AT A MINIMUM, THE
REPORT MUST IDENTIFY
:
PAGE 11-HOUSE BILL 22-1114 (I) A REIMBURSEMENT SYSTEM WITH A GOAL TO INCENTIVIZE AND
INCREASE TRANSPORTATION PROVIDER PARTICIPATION
;
(II) H
OW THE STATE DEPARTMENT WILL ENSURE COMPLIANCE WITH
APPLICABLE FEDERAL LAWS AND WAIVER REQUIREMENTS
;
(III) A
SYSTEM OF COMMON REPORTING TO ENSURE A RECIPIENT
DOES NOT EXCEED THE MEDICAID BENEFIT IN A MULTI
-PROVIDER SCENARIO;
AND
(IV) BEST PRACTICES BASED ON WHAT OTHER STATES HAVE DONE TO
ALLOW TRANSPORTATION NETWORK COMPANIES TO PROVIDE NONMEDICAL
TRANSPORTATION SERVICES FOR INDIVIDUALS RECEIVING SERVICES
,
INCLUDING BUT NOT LIMITED TO , REIMBURSEMENT RATES ; DRIVER
COMPENSATION
; AND INTEGRATION WITH PROGRAMS THAT PROVIDE
NONMEDICAL TRANSPORTATION SERVICES
.
(b) I
N DEVELOPING THE REPORT, THE STATE DEPARTMENT SHALL
ENGAGE IN A STAKEHOLDER PROCESS THAT INCLUDES INDIVI DUALS WITH
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AND THEIR FAMILIES
,
INDIVIDUALS WITH DISABILITIES , AND TRANSPORTATION NETWORK
COMPANIES
. THE REPORT MAY BE DEVELOPED IN CONJUNCTION WITH THE
REPORTING REQUIREMENT IN SECTIONS
25.5-6-307 (6), 25.5-6-409 (6),
25.5-6-606
(9), AND 25.5-6-704 (8).
(c) (I) U
PON COMPLETION OF THE REPORT DESCRIBED IN SUBSECTION
(8)(a) OF THIS SECTION, THE STATE DEPARTMENT SHALL ANALYZE AND
REVIEW EACH OPERATIONAL TRANSPORTATION NETWORK COMPANY
, AS
DEFINED IN SECTION
40-10.1-602 (3). THE STATE DEPARTMENT SHALL
VERIFY EACH TRANSPORTATION NETWORK COMPANY
'S VIABILITY TO ENSURE
THE HEALTH
, SAFETY, WELFARE, COST EFFECTIVENESS, AND CAPABILITY IN
EXPANDING NONMEDICAL TRANSPORTATION SERVICES FOR INDIVIDUALS
RECEIVING SERVICES PURSUANT TO THIS SECTION AND COMPLY WITH ALL
RULES PROMULGATED PURSUANT TO SUBSECTION
(8)(e)(I) OF THIS SECTION.
(II) N
O LATER THAN JULY 1, 2024, THE STATE DEPARTMENT SHALL
AUTHORIZE VERIFIED TRANSPORTATION NETWORK COMPANIES TO PROVIDE
NONMEDICAL TRANSPORTATION SERVICES IF THE STATE DEPARTMENT FINDS
THE TRANSPORTATION NETWORK COMPANY VIABLE UNDER FEDERAL
REQUIREMENTS AND WITHIN BUDGETARY CONSTRAINTS
.
PAGE 12-HOUSE BILL 22-1114 (III) FOR THE PURPOSES OF THIS SUBSECTION (8)(c), "VERIFY" MEANS
A TRANSPORTATION NETWORK COMPANY MEETS ALL REQUIREMENTS
RESULTING FROM THE REPORT DESCRIBED IN SUBSECTION
(8)(a) OF THIS
SECTION
.
(d) T
HE STATE DEPARTMENT MAY SEEK ANY NECESSARY FEDERAL
AUTHORIZATION FOR THE IMPLEMENTATION OF THIS SUBSECTION
(8).
(e) (I) T
HE STATE DEPARTMENT SHALL PROMULGATE ANY
NECESSARY RULES TO ENSURE TRANSPORTATION NETWORK COMPANIES
COMPLY WITH FEDERAL AND STATE OVERSIGHT REQUIREMENTS AND SHALL
INCLUDE ALL RELEVANT STAKEHOLDERS
, INCLUDING MEDICAID RECIPIENTS,
TRANSPORTATION NETWORK COMPANIES , CURRENT PROVIDERS AND DRIVERS
FOR NONMEDICAL TRANSPORTATION SERVICES
, AND OTHER INTERESTED
PARTIES IN THE DEVELOPMENT OF SUCH REQUIREMENTS
.
(II) P
URSUANT TO SECTION 40-10.1-105 (1)(l), TRANSPORTATION
NETWORK COMPANIES ARE NOT SUBJECT TO REGULATION BY THE PUBLIC
UTILITIES COMMISSION WHEN PROVIDING NONMEDICAL TRANSPORTATION
SERVICES PURSUANT TO THIS SECTION AND ARE INSTEAD SUBJECT TO RULES
PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO THIS SUBSECTION
(8)(e).
(f) T
HIS SUBSECTION (8) DOES NOT APPLY TO A PROVIDER
AUTHORIZED TO PROVIDE TRANSPORTATION SERVICES PURSUANT TO PART
8
OF ARTICLE 1 OF TITLE 25.5 PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION
(8).
SECTION 7. In Colorado Revised Statutes, amend 40-10.1-603 as
follows:
40-10.1-603. Limited regulation. Notwithstanding any other
provision of law, Transportation network companies are governed
exclusively by this part 6,
EXCEPT AS OTHERWISE PROVIDED IN ARTICLE 6 OF
TITLE
25.5. A transportation network company is not subject to the
commission's rate, entry, operational, or common carrier requirements,
other than those requirements expressly set forth in this part 6.
SECTION 8. Appropriation. (1) For the 2022-23 state fiscal year,
$110,811 is appropriated to the department of health care policy and
PAGE 13-HOUSE BILL 22-1114 financing. This appropriation consists of $88,411 from the general fund,
$16,726 from the healthcare affordability and sustainability fee cash fund
created in section 25.5-4-402.4 (5)(a), C.R.S., and $5,674 from the
children's basic health plan trust created in section 25.5-8-105 (a), C.R.S.
To implement this act, the department may use this appropriation as
follows:
(a) $62,115 from the general fund for use by the executive director's
office for general professional services and special projects; and
(b) $48,686, which consists of $26,296 from the general fund,
$16,726 from the healthcare affordability and sustainability fee cash fund
created in section 25.5-4-402.4 (5)(a), C.R.S., and $5,674 from the
children's basic health plan trust created in section 25.5-8-105 (a), C.R.S.,
for use by the executive director's office for medicaid management
information system maintenance and projects.
(2) For the 2022-23 state fiscal year, the general assembly
anticipates that the department of health care policy and financing will
receive $436,863 in federal funds. The appropriation in subsection (1) of
this section is based on the assumption that the office will receive this
amount of federal funds to be used as follows:
(a) $62,115 for use by the executive director's office for general
professional services and special projects, which amount is subject to the
"(I)" notation as defined in the annual general appropriation act for the same
fiscal year;
(b) $374,748 for use by the executive director's office for medicaid
management information system maintenance and projects, which amount
is subject to the "(I)" notation as defined in the annual general appropriation
act for the same fiscal year.
SECTION 9. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 14-HOUSE BILL 22-1114 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
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 15-HOUSE BILL 22-1114