Colorado 2025 Regular Session

Colorado House Bill HB1325 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0025.01 Shelby Ross x4510
8	8	HOUSE BILL 25-1325
9	9	House Committees Senate Committees
10	10	State, Civic, Military, & Veterans Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING UPDATING STATUTORY REFERENCES TO THE AMENDED101
14	14	DEFINITION OF "ELIGIBLE PERSON".102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov/
21	21	.)
22	22	Statutory Revision Committee. In 2023, Senate Bill 23-261
23	23	created a new definition of "direct care consumer" and defined the term
24	24	as "an eligible person, as defined in section 25.5-6-1101 (4)". That same
25	25	year, Senate Bill 23-289 amended the definition of "eligible person" in
26	26	section 25.5-6-1101 (4), leaving an incorrect reference to "eligible
27	27	person" in Senate Bill 23-261. The bill makes technical changes to correct
28	28	HOUSE SPONSORSHIP
29	29	Espenoza and Bradley,
30	30	SENATE SPONSORSHIP
31	31	Exum,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. the incorrect reference.
35	35	Be it enacted by the General Assembly of the State of Colorado:1
36	36	SECTION 1. In Colorado Revised Statutes, 8-7.5-102, amend2
37	37	(3)(b), (4)(b), and (6)(b); and add (7.5) as follows:3
38	38	8-7.5-102. Definitions. As used in this article 7.5, unless the4
39	39	context otherwise requires:5
40	40	(3) "Direct care consumer" means:6
41	41	(b) An eligible person; as defined in section 25.5-6-1101 (4),7
42	42	including an eligible person who participates in the consumer-directed8
43	43	care service model pursuant to part 11 of article 6 of title 25.5; or9
44	44	(4) (b) "Direct care employer" does not include an eligible person10
45	45	as defined in section 25.5-6-1101 (4), who participates in the11
46	46	consumer-directed care service model pursuant to part 11 of article 6 of12
47	47	title 25.5; except that such THE eligible person is a direct care employer13
48	48	for purposes of appointment of direct care employers to the board14
49	49	pursuant to section 8-7.5-103 (2)(a)(I)(B).15
50	50	(6) "Direct care services" means:16
51	51	(b) Any services described in parts 3 to 13 PART 3, 4, 6, 7, 9, 11,17
52	52	12,
53	53	13, OR 19 of article 6 of title 25.5 that do not require the individual18
54	54	providing the services to be licensed or certified by the state or the federal19
55	55	government in order to perform the services.20
56	56	(7.5) "E
57	57	LIGIBLE PERSON" MEANS A PERSON WHO IS ELIGIBLE TO21
58	58	RECEIVE SERVICES PURSUANT TO PART 3, 4, 6, 7, 9, 11, 12, 13, OR 19 OF22
59	59	ARTICLE 6 OF TITLE 25.5 OR ANY OTHER HOME- AND COMMUNITY-BASED23
60	60	SERVICE WAIVER FOR WHICH THE DEPARTMENT OF HEALTH CARE POLICY24
61	61	AND FINANCING HAS FEDERAL WAIVER AUTHORITY .25
62	62	HB25-1325-2- SECTION 2. In Colorado Revised Statutes, 8-7.5-104, amend1
63	63	(4)(c) as follows:2
64	64	8-7.5-104. Duties of the board - recommendations for3
65	65	minimum direct care employment standards - analysis of market4
66	66	conditions - public outreach - report. (4) Nothing in this section:5
67	67	(c) Diminishes the rights of an eligible person as defined in6
68	68	section 25.5-6-1101 (4), participating in the consumer-directed care7
69	69	service model pursuant to part 11 of article 6 of title 25.5 to control and8
70	70	manage the eligible person's services, including the right to hire, fire,9
71	71	schedule, and set wages for direct care workers who provide direct care10
72	72	services to the eligible person within parameters set in current state and11
73	73	local law.12
74	74	SECTION 3. In Colorado Revised Statutes, 8-7.5-105, amend13
75	75	(1)(c)(II) as follows:14
76	76	8-7.5-105. Notice to direct care workers - duty of direct care15
77	77	employers - posting on state websites - board review and16
78	78	recommendations - rules. (1) (c) (II) The board shall provide, in an17
79	79	accessible format, the template or sample notice described in subsection18
80	80	(1)(c)(I) of this section to an eligible person as defined in section19
81	81	25.5-6-1101 (4), participating in the consumer-directed care service20
82	82	model pursuant to part 11 of article 6 of title 25.5.21
83	83	SECTION 4. In Colorado Revised Statutes, 15-14-310, amend22
84	84	(5)(a) introductory portion as follows:23
85	85	15-14-310. Who may be guardian - priorities - prohibition of24
86	86	dual roles. (5) (a) Unless the court makes specific findings for good25
87	87	cause shown or the person is a family caregiver as defined in section26
88	88	25.5-10-202, C.R.S., or the person is a caregiver to an eligible person,27
89	89	HB25-1325
90	90	-3- pursuant to section 25.5-6-1101 (4), C.R.S., AS DEFINED IN SECTION1
91	91	8-7.5-102, the same professional may not act as an incapacitated person's2
92	92	or a protected person's:3
93	93	SECTION 5. Act subject to petition - effective date. This act4
94	94	takes effect at 12:01 a.m. on the day following the expiration of the5
95	95	ninety-day period after final adjournment of the general assembly; except6
96	96	that, if a referendum petition is filed pursuant to section 1 (3) of article V7
97	97	of the state constitution against this act or an item, section, or part of this8
98	98	act within such period, then the act, item, section, or part will not take9
99	99	effect unless approved by the people at the general election to be held in10
100	100	November 2026 and, in such case, will take effect on the date of the11
101	101	official declaration of the vote thereon by the governor.12
102	102	HB25-1325
103	103	-4-