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Colorado House Bill HB1328

Colorado 2025 Regular Session

Colorado House Bill HB1328 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0499.03 Kristen Forrestal x4217
88 HOUSE BILL 25-1328
99 House Committees Senate Committees
1010 Health & Human Services
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE IMPLEMENTATI ON OF THE RECOMMENDATIONS101
1414 MADE BY THE DIRECT CARE WORKFORCE STABILIZATION BOARD .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill implements recommendations made by the direct care
2323 workforce stabilization board (board) by:
2424 ! Requiring the board to investigate health-care benefits for
2525 the direct care workforce;
2626 ! Requiring the department of labor and employment
2727 (department) to collaborate with the board and other
2828 HOUSE SPONSORSHIP
2929 Duran and Sirota,
3030 SENATE SPONSORSHIP
3131 Danielson and Bridges,
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. entities to establish a comprehensive "know your rights"
3535 training for direct care workers;
3636 ! Requiring the department to ensure that the "know your
3737 rights" training is available to direct care workers, to allow
3838 worker organizations to participate in the training free of
3939 charge, and to report direct care worker training completion
4040 information to the board; and
4141 ! Requiring direct care employers to conduct and document
4242 direct care worker training attendance, distribute a notice
4343 of rights to direct care workers, and inform all employees
4444 about the direct care worker website and communication
4545 platform established by the department of health care
4646 policy and financing.
4747 The bill also requires the director of the division of labor standards
4848 and statistics (director) in the department to provide compliance
4949 assistance to direct care employers and investigate possible violations by
5050 the employers. The director is also required to enforce compliance with
5151 the requirements in the bill.
5252 To implement the board's recommendations, the bill also requires
5353 the department of health care policy and financing to:
5454 ! Establish a website and communication platform for direct
5555 care workers;
5656 ! In coordination with the board, develop a direct care
5757 worker-specific notice of rights for direct care employers;
5858 ! Collaborate with direct care employers to inform direct
5959 care workers about the website and communication
6060 platform;
6161 ! Allow specified entities access to the contact information
6262 of each direct care worker enrolled in the communication
6363 platform; and
6464 ! Convene and administer an interested party advisory group
6565 pursuant to federal requirements.
6666 The bill also establishes the direct care worker minimum wage at
6767 $17 per hour beginning July 1, 2025, and encourages the state to set the
6868 minimum wage for direct care workers at $25 per hour by January 1,
6969 2028.
7070 Be it enacted by the General Assembly of the State of Colorado:1
7171 SECTION 1. Legislative declaration. (1) The general assembly2
7272 finds and declares that:3
7373 (a) Colorado's long-term care system is in crisis;4
7474 HB25-1328-2- (b) Colorado's population of adults aged 65 and older is projected1
7575 to grow by 36% by 2030, reaching 1.2 million people. Meanwhile, the2
7676 state relies on just 59,000 direct care workers to meet this growing3
7777 demand, which is far too few to ensure everyone who needs care can4
7878 access it.5
7979 (c) Over 80% of Colorado's direct care workforce are women, and6
8080 44% are women of color;7
8181 (d) Not all direct care workers are paid a livable wage, many do8
8282 not have basic benefits like personal time off and health insurance, and9
8383 some experience wage theft and workplace discrimination, leading to a10
8484 high turnover rate;11
8585 (e) In 2023, the general assembly established the direct care12
8686 workforce stabilization board, bringing direct care workers, individuals13
8787 receiving care, and direct care industry representatives to study the14
8888 systemic issues driving high turnover and direct care worker shortages;15
8989 (f) By 2028, the federal Centers for Medicare and Medicaid16
9090 Services will require states to report the percentage of Medicaid payments17
9191 made for direct care worker compensation; and18
9292 (g) The federal Centers for Medicare and Medicaid Services19
9393 provides states with 90% of federal funding to implement the direct care20
9494 worker communication platforms.21
9595 (2) Therefore, the intent of the general assembly is to implement22
9696 the direct care workforce stabilization board's recommendations to23
9797 stabilize the state's direct care workforce and to ensure Coloradans have24
9898 access to the high-quality, comprehensive, in-home care they need. The25
9999 recommendations include compliance with federal laws and regulations26
100100 concerning payment of direct care workers and the acceptance of federal27
101101 HB25-1328
102102 -3- money to support a communication platform.1
103103 SECTION 2. In Colorado Revised Statutes, 8-7.5-104, add (3.5)2
104104 as follows:3
105105 8-7.5-104. Duties of the board - recommendations for4
106106 minimum direct care employment standards - analysis of market5
107107 conditions - public outreach - report. (3.5) T
108108 HE BOARD SHALL6
109109 INVESTIGATE HEALTH-CARE BENEFITS FOR THE DIRECT CARE WORKFORCE ,7
110110 INCLUDING THE OVERALL COSTS WITHIN THE INDUSTRY IN COMPARISON TO8
111111 OTHER SIMILAR INDUSTRIES, THE IMPLICATIONS OF A FAMILY CAREGIVER9
112112 MODEL FOR DIRECT CARE WORKERS ON HEALTH INSURANCE COSTS ,10
113113 INNOVATIVE SOLUTIONS FOR IMPROVING QUALITY OF CARE , AND11
114114 REDUCING THE COST OF CARE AND HOW TO FUND THE HEALTH -CARE12
115115 BENEFITS.13
116116 SECTION 3. In Colorado Revised Statutes, add 8-7.5-108 and14
117117 8-7.5-109 as follows:15
118118 8-7.5-108. Direct care employers - direct care worker rights16
119119 training - direct care worker communication platform - direct care17
120120 worker website. (1) B
121121 Y JANUARY 1, 2026, THE DEPARTMENT SHALL18
122122 COLLABORATE WITH THE BOARD AND ANY OTHER ENTITIES DEEMED19
123123 RELEVANT BY THE DEPARTMENT TO ESTABLISH A COMPREHENSIVE "KNOW20
124124 YOUR RIGHTS" TRAINING FOR DIRECT CARE WORKERS THAT INCLUDES21
125125 INFORMATION CONCERNING :22
126126 (a) T
127127 HE DIRECT CARE WORKER BASE WAGE ;23
128128 (b) W
129129 AGES AND HOURS FOR OVERTIME WORK ;24
130130 (c) T
131131 HE "HEALTHY FAMILIES AND WORKPLACES ACT", PART 4 OF25
132132 ARTICLE 13.3 OF THIS TITLE 8;26
133133 (d) T
134134 HE "FAMILY CARE ACT", PART 2 OF TITLE 13.3 OF THIS TITLE27
135135 HB25-1328
136136 -4- 8;1
137137 (e) T
138138 HE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE2
139139 A
140140 CT", PUB.L. 111-148, AS IT RELATES TO WORKER RIGHTS;3
141141 (f) T
142142 RAVEL TIME RULES, AS THE RULES RELATE TO THE4
143143 EMPLOYMENT OF DIRECT CARE WORKERS ;5
144144 (g) C
145145 IVIL RIGHTS PROTECTED BY COLORADO LAW THAT ARE6
146146 RELEVANT TO THE EMPLOYMENT OF DIRECT CARE WORKERS ;7
147147 (h) W
148148 HERE A DIRECT CARE WORKER CAN LEARN MORE ABOUT THE8
149149 TOPICS COVERED IN THE TRAINING;9
150150 (i) W
151151 HERE AND HOW TO FILE A COMPLAINT , INCLUDING RIGHTS10
152152 SECURED UNDER THE "PROTECTING OPPORTUNITIES AND WORKERS'11
153153 R
154154 IGHTS ACT", SENATE BILL 23-172, ENACTED IN 2023; AND12
155155 (j) T
156156 HE CONTENTS OF THE WEBSITE ESTABLISHED IN SECTION13
157157 25.5-1-208,
158158 HOW TO USE THE COMMUNICATION PLATFORM ESTABLISHED14
159159 IN SECTION 25.5-1-208, THE BENEFITS TO THE DIRECT CARE WORKER OF15
160160 PARTICIPATION IN THE COMMUNICATION PLATFORM , HOW DIRECT CARE16
161161 WORKER CONTACT INFORMATION WILL BE USED , AND HOW TO OPT IN TO17
162162 AND OPT OUT OF THE COMMUNICATION PLATFORM .18
163163 (2) T
164164 HE DEPARTMENT SHALL:19
165165 (a) E
166166 NSURE THAT THE COMPREHENSIVE "KNOW YOUR RIGHTS"20
167167 TRAINING REQUIRED TO BE ESTABLISHED BY SUBSECTION (1) OF THIS21
168168 SECTION IS AVAILABLE TO DIRECT CARE WORKERS AND DIRECT CARE22
169169 EMPLOYERS;23
170170 (b) A
171171 LLOW WORKER ORGANIZATIONS TO PARTICIPATE IN THE24
172172 "
173173 KNOW YOUR RIGHTS" TRAINING;25
174174 (c) N
175175 OT CHARGE A FEE TO DIRECT CARE EMPLOYERS OR DIRECT26
176176 CARE WORKERS FOR THE "KNOW YOUR RIGHTS" TRAINING; AND27
177177 HB25-1328
178178 -5- (d) REPORT PERIODICALLY TO THE BOARD CONCERNING DIRECT1
179179 CARE WORKER COMPLETION OF THE "KNOW YOUR RIGHTS" TRAINING.2
180180 (3) A
181181 DIRECT CARE EMPLOYER SHALL:3
182182 (a) R
183183 EQUIRE EACH DIRECT CARE WORKER TO PROVIDE4
184184 DOCUMENTATION OF A COMPLETED "KNOW YOUR RIGHTS" TRAINING OR TO5
185185 ATTEND THE "KNOW YOUR RIGHTS" TRAINING ADMINISTERED BY THE6
186186 DEPARTMENT THAT IS IN PLACE PRIOR TO JANUARY 1, 2026, AND THE7
187187 "
188188 KNOW YOUR RIGHTS" TRAINING ESTABLISHED PURSUANT TO SUBSECTION8
189189 (1)
190190 OF THIS SECTION DURING THE DIRECT CARE WORKER 'S REGULAR PAID9
191191 WORK HOURS AND AT NO CHARGE TO THE DIRECT CARE WORKER OR TO A10
192192 DIRECT CARE CONSUMER;11
193193 (b) D
194194 ISTRIBUTE A DIRECT CARE WORKER -SPECIFIC NOTICE OF12
195195 RIGHTS DEVELOPED BY THE DEPARTMENT IN COORDINATION WITH THE13
196196 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING PURSUANT TO14
197197 SECTION 25.5-1-208 (3)(a) TO EACH DIRECT CARE WORKER AT THE TIME OF15
198198 HIRE THAT INCLUDES INFORMATION ON THE "KNOW YOUR RIGHTS "16
199199 TRAINING;17
200200 (c) I
201201 NFORM ALL EMPLOYEES ABOUT THE DIRECT CARE WORKER18
202202 WEBSITE AND COMMUNICATION PLATFORM ESTABLISHED BY THE19
203203 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING PURSUANT TO20
204204 SECTION 25.5-1-208; AND21
205205 (d) I
206206 NFORM EACH DIRECT CARE WORKER OF THE CONTENTS OF THE22
207207 WEBSITE AND COMMUNICATION PLATFORM , HOW TO USE THE PLATFORM,23
208208 HOW TO OPT IN TO THE PLATFORM, HOW CONTACT INFORMATION MAY BE24
209209 SHARED, AND HOW TO OPT OUT OF THE ENROLLMENT IN AND25
210210 COMMUNICATIONS FROM THE PLATFORM .26
211211 8-7.5-109. Compliance assistance - violations - enforcement.27
212212 HB25-1328
213213 -6- (1) THE DIRECTOR OF THE DIVISION OF LABOR STANDARDS AND1
214214 STATISTICS SHALL PROVIDE COMPLIANCE ASSISTANCE TO DIRECT CARE2
215215 EMPLOYERS AS WARRANTED AND SHALL INVESTIGATE LEADS CONCERNING3
216216 POSSIBLE VIOLATIONS OF THE TRAINING AND NOTICE REQUIREMENTS SET4
217217 FORTH IN THIS ARTICLE 7.5 AND OTHER ALLEGED LABOR VIOLATIONS5
218218 AGAINST DIRECT CARE WORKERS THAT , IN THE DIRECTOR'S GOOD FAITH6
219219 DISCRETION AND JUDGMENT, WARRANT INVESTIGATION.7
220220 (2) T
221221 HE DIRECTOR OF THE DIVISION OF LABOR STANDARDS AND8
222222 STATISTICS SHALL ENFORCE COMPLIANCE AND SHALL IMPOSE A FINE ON A9
223223 DIRECT CARE EMPLOYER THAT VIOLATES THIS ARTICLE 7.5 OF ONE10
224224 HUNDRED DOLLARS FOR EACH DIRECT CARE WORKER AFFECTED BY EACH11
225225 VIOLATION; EXCEPT THAT A DIRECT CARE EMPLOYER THAT12
226226 DEMONSTRATES A GOOD FAITH EFFORT TO COMPLY WITH THIS ARTICLE 7.513
227227 IS NOT SUBJECT TO A FINE FOR THE EMPLOYER 'S FIRST VIOLATION. THE14
228228 DIRECTOR SHALL DOUBLE THE AMOUNT OF THE FINE FOR EACH VIOLATION15
229229 AFTER A SECTION VIOLATION BY AN EMPLOYER .16
230230 SECTION 4. In Colorado Revised Statutes, add 25.5-1-208 and17
231231 25.5-1-209 as follows:18
232232 25.5-1-208. Direct care worker website and communication19
233233 platform - enrollment of direct care workers - training, worker20
234234 rights, employment matching - department of labor and employment21
235235 access - gifts, grants, or donations - definitions. (1) A
236236 S USED IN THIS22
237237 SECTION AND SECTION 25.5-1-209, UNLESS THE CONTEXT OTHERWISE23
238238 REQUIRES:24
239239 (a) "B
240240 OARD" MEANS THE DIRECT CARE WORKFORCE STABILIZATION25
241241 BOARD CREATED IN SECTION 8-7.5-103.26
242242 (b) "D
243243 IRECT CARE CONSUMER" HAS THE MEANING SET FORTH IN27
244244 HB25-1328
245245 -7- SECTION 8-7.5-102.1
246246 (c) "D
247247 IRECT CARE EMPLOYER" HAS THE MEANING SET FORTH IN2
248248 SECTION 8-7.5-102.3
249249 (d) "D
250250 IRECT CARE SERVICES" HAS THE MEANING SET FORTH IN4
251251 SECTION 8-7.5-102.5
252252 (e) "D
253253 IRECT CARE WORKER" HAS THE MEANING SET FORTH IN6
254254 SECTION 8-7.5-102.7
255255 (f) "M
256256 EDICAL ASSISTANCE PROGRAM " MEANS THE "COLORADO8
257257 M
258258 EDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF THIS TITLE 25.5.9
259259 (g) "P
260260 LATFORM" OR "COMMUNICATION PLATFORM " MEANS THE10
261261 DIRECT CARE WORKER COMMUNICATION PLATFORM CREATED IN THIS11
262262 SECTION.12
263263 (h) "W
264264 EBSITE" MEANS THE DIRECT CARE WORKER WEBSITE13
265265 CREATED IN THIS SECTION.14
266266 (i) "W
267267 ORKER ORGANIZATION" HAS THE MEANING SET FORTH IN15
268268 SECTION 8-7.5-102.16
269269 (2) T
270270 HE STATE DEPARTMENT SHALL COLLABORATE WITH THE17
271271 BOARD TO ESTABLISH A DIRECT CARE WORKER WEBSITE AND18
272272 COMMUNICATION PLATFORM FOR DIRECT CARE WORKERS . THE STATE19
273273 DEPARTMENT SHALL ENSURE THAT THE PLATFORM :20
274274 (a) S
275275 UPPORTS DIRECT CARE CONSUMERS IN IDENTIFYING AND21
276276 EMPLOYING QUALIFIED DIRECT CARE WORKERS ;22
277277 (b) F
278278 ACILITATES RECRUITMENT AND RETENTION OF DIRECT CARE23
279279 WORKERS PAID THROUGH REIMBURSEMENT BY THE MEDICAL ASSISTANCE24
280280 PROGRAM;25
281281 (c) E
282282 NSURES ACCESS TO CARE FOR ALL MEMBERS ;26
283283 (d) S
284284 UPPORTS THE STATE DEPARTMENT IN MONITORING ACCESS TO27
285285 HB25-1328
286286 -8- AND QUALITY OF CARE FOR DIRECT CARE CONSUMERS WHO RECEIVE1
287287 DIRECT CARE SERVICES;2
288288 (e) P
289289 ROVIDES A REGULAR CADENCE OF COMMUNICATION BY THE3
290290 STATE DEPARTMENT, TO BE DETERMINED IN CONSULTATION WITH THE4
291291 BOARD, TO WORKERS WHO HAVE OPTED IN TO THE COMMUNICATION5
292292 PLATFORM, INCLUDING UPDATES FROM THE BOARD , RELEVANT STATE6
293293 DEPARTMENT INITIATIVES, AND POTENTIAL CHANGES TO WORKER RIGHTS7
294294 AND BENEFITS;8
295295 (f) M
296296 AINTAINS AN ELECTRONIC EMPLOYMENT MATCHING SYSTEM9
297297 TO HELP DIRECT CARE CONSUMERS IDENTIFY DIRECT CARE WORKERS WITH10
298298 THE RIGHT AVAILABILITY AND SKILL SET , EXPERIENCE WITH DEMENTIA,11
299299 LANGUAGE PROFICIENCY, AND SPECIFIC CERTIFICATIONS; AND12
300300 (g) P
301301 ROVIDES EACH DIRECT CARE WORKER WITH THE OPPORTUNITY13
302302 TO OPT IN TO AND OPT OUT OF THE COMMUNICATION PLATFORM .14
303303 (3) T
304304 HE STATE DEPARTMENT SHALL :15
305305 (a) I
306306 N COORDINATION WITH THE BOARD , DEVELOP A DIRECT CARE16
307307 WORKER-SPECIFIC NOTICE OF RIGHTS FOR DIRECT CARE EMPLOYERS TO17
308308 DISTRIBUTE TO THEIR EMPLOYEES PURSUANT TO SECTION 8-7.5-108 (3)(b);18
309309 AND19
310310 (b) C
311311 OLLABORATE WITH DIRECT CARE EMPLOYERS TO INFORM20
312312 DIRECT CARE WORKERS OF THE BENEFITS OF THE PLATFORM .21
313313 (4) (a) T
314314 HE WEBSITE MUST INCLUDE:22
315315 (I) T
316316 RAINING ON DIRECT CARE WORKER BASIC JOB DUTIES , HEALTH23
317317 AND SAFETY IN THE WORKPLACE , AND HOW TO PROVIDE CULTURALLY24
318318 COMPETENT CARE;25
319319 (II) I
320320 NFORMATION REGARDING DIRECT CARE WORKER RIGHTS ,26
321321 INCLUDING INCREASES TO THE DIRECT CARE WORKER BASE WAGE ; THE27
322322 HB25-1328
323323 -9- "HEALTHY FAMILIES AND WORKPLACES ACT", PART 4 OF ARTICLE 13.3 OF1
324324 TITLE 8; NEW LABOR LAWS, RULES, REGULATIONS, AND PRACTICES; OR2
325325 OTHER LAWS, RULES, REGULATIONS, AND PROCESSES DESIGNED TO3
326326 STABILIZE THE DIRECT CARE WORKFORCE ;4
327327 (III) A
328328 CALENDAR OF THE TRAINING EVENTS THAT ARE PROVIDED5
329329 BY THE STATE DEPARTMENT AND ARE FREE OF CHARGE TO DIRECT CARE6
330330 WORKERS CONCERNING THE RIGHTS OF DIRECT CARE WORKERS AND THE7
331331 INFORMATION THAT CAN BE LEARNED IN EACH TRAINING ;8
332332 (IV) T
333333 HE ABILITY FOR COMMUNICATION PLATFORM USERS TO OPT9
334334 IN TO AND OPT OUT OF PLATFORM COMMUNICATIONS ;10
335335 (V) C
336336 OMMUNICATION ON HOW DIRECT CARE WORKERS CAN11
337337 ACCESS MEDICAL ASSISTANCE PROGRAM BENEFITS , INCLUDING:12
338338 (A) M
339339 EDICAL ASSISTANCE PROGRAM BUY -IN FOR WORKING13
340340 ADULTS WITH DISABILITIES; AND14
341341 (B) M
342342 EDICAL ASSISTANCE FOR A FAMILY MEMBER IN THE DIRECT15
343343 CARE WORKER'S HOUSEHOLD WITH A DISABILITY OR WHO IS SIXTY -FIVE16
344344 YEARS OF AGE OR OLDER;17
345345 (VI) A
346346 CCESS TO THE STATE DEPARTMENT 'S CORE CURRICULUM18
347347 TRAINING; AND19
348348 (VII) A
349349 LINK TO THE STATE DEPARTMENT'S DIRECT CARE WORKER20
350350 SURVEY.21
351351 (b) T
352352 HE STATE DEPARTMENT SHALL REVIEW AND APPROVE ALL22
353353 WEBSITE AND COMMUNICATION PLATFORM CONTENT FOR ACCURACY23
354354 BEFORE IT IS POSTED PUBLICLY.24
355355 (5) (a) W
356356 ITHIN THREE MONTHS AFTER THE ESTABLISHMENT OF THE25
357357 COMMUNICATION PLATFORM AND EVERY THREE MONTHS THEREAFTER ,26
358358 THE STATE DEPARTMENT SHALL ALLOW THE DEPARTMENT OF LABOR AND27
359359 HB25-1328
360360 -10- EMPLOYMENT, WORKER ORGANIZATIONS, INDUSTRY ORGANIZATIONS, AND1
361361 ORGANIZATIONS REPRESENTING DIRECT CARE CONSUMERS TO HAVE2
362362 ACCESS TO THE CONTACT INFORMATION FOR EACH DIRECT CARE WORKER3
363363 ENROLLED IN THE COMMUNICATION PLATFORM TO INFORM THE WORKER4
364364 OF THEIR RIGHTS, TO SUPPORT THE WORKER IN ENGAGING WITH THE5
365365 BOARD, AND TO ACCOMPLISH THE COMMUNICATION PLATFORM 'S DIRECT6
366366 CARE CONSUMER-MATCHING FUNCTIONS.7
367367 (b) I
368368 N FULFILLING THE OBLIGATIONS OF THIS SECTION, THE STATE8
369369 DEPARTMENT, WORKER ORGANIZATIONS, INDUSTRY ORGANIZATIONS, AND9
370370 ORGANIZATIONS REPRESENTING DIRECT CARE CONSUMERS MUST COMPLY10
371371 WITH APPLICABLE LAWS AND RULES PROTECTING PERS ONALLY11
372372 IDENTIFYING INFORMATION . WORKER ORGANIZATIONS AND12
373373 ORGANIZATIONS REPRESENTING DIRECT CARE CONSUMERS SHALL NOT13
374374 HAVE ACCESS TO THE NAME OR PRIVATE DATA OF ANY DIRECT CARE14
375375 CONSUMER OR DIRECT CARE CONSUMER 'S REPRESENTATIVE OR INDICATE15
376376 THAT AN INDIVIDUAL DIRECT CARE WORKER IS A DIRECT CARE16
377377 CONSUMER'S RELATIVE OR HAS THE SAME ADDRESS AS A DIRECT CARE17
378378 CONSUMER.18
379379 25.5-1-209. Duties of the state department - recommendations19
380380 for minimum direct care employment standards - analysis of market20
381381 conditions - public outreach - advisory group - report. (1) T
382382 HE21
383383 DEFINITIONS IN SECTION 25.5-1-208 APPLY TO THIS SECTION.22
384384 (2) (a) P
385385 URSUANT TO THE FEDERAL CENTERS FOR MEDICARE AND23
386386 MEDICAID REQUIREMENTS, THE STATE DEPARTMENT SHALL CONVENE AN24
387387 INTERESTED PARTIES ADVISORY GROUP AT LEAST EVERY TWO YEARS AND25
388388 AS OFTEN AS THE STATE DEPARTMENT DEEMS NECESSARY . THE ADVISORY26
389389 GROUP MUST INCLUDE HEALTH -CARE PROVIDERS, REPRESENTATIVES OF27
390390 HB25-1328
391391 -11- THE STATE DEPARTMENT AND THE DEPARTMENT OF LABOR AND1
392392 EMPLOYMENT, REPRESENTATIVES OF WORKER ORGANIZATIONS , AND2
393393 REPRESENTATIVES OF INDUSTRY ORGANIZATIONS . THE ADVISORY GROUP3
394394 SHALL MAKE RECOMMENDATIONS TO THE BOARD CONCERNING ADEQUATE4
395395 WAGES AND OTHER WORKFORCE SUPPORT FOR DIRECT CARE WORKERS .5
396396 (b) T
397397 HE DEPARTMENT SHALL ADMINISTER THE ADVISORY GROUP6
398398 IN ACCORDANCE WITH 42 CFR 447.203 (b)(6).7
399399 (c) N
400400 OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR8
401401 BEFORE JANUARY 1, 2027, AND ANNUALLY THEREAFTER , THE STATE9
402402 DEPARTMENT SHALL REPORT TO THE BOARD AND THE JOINT BUDGET10
403403 COMMITTEE OF THE GENERAL ASSEMBLY :11
404404 (I) T
405405 HE PERCENTAGE OF HOME- AND COMMUNITY-BASED SERVICES12
406406 PAYMENTS THAT DIRECT CARE WORKERS RECEIVED IN COMPENSATION ,13
407407 INCLUDING SALARIES, WAGES, BENEFITS, AND PAYROLL TAXES, IN THE14
408408 PREVIOUS STATE FISCAL YEAR; AND15
409409 (II) T
410410 HE PERCENTAGE OF HOME - AND COMMUNITY -BASED16
411411 SERVICES PAYMENTS THAT DIRECT CARE EMPLOYERS RECEIVED IN THE17
412412 PREVIOUS STATE FISCAL YEAR.18
413413 SECTION 5. In Colorado Revised Statutes, 25.5-6-1603, amend19
414414 (2) as follows:20
415415 25.5-6-1603. Minimum wage - wage pass-through requirement21
416416 for certain home care agencies - applicability - reports - recovery.22
417417 (2) (a) On and after July 1, 2020
418418 JULY 1, 2025, the hourly minimum wage23
419419 RATE for persons INDIVIDUALS who provide DIRECT CARE SERVICES,24
420420 INCLUDING personal care services, homemaker services, or in-home25
421421 support services for which a home care agency may receive26
422422 reimbursement pursuant to the "Colorado Medical Assistance Act", is27
423423 HB25-1328
424424 -12- twelve dollars and forty-one cents SEVENTEEN DOLLARS per hour.1
425425 (b) T
426426 HE STATE IS ENCOURAGED TO INSTITUTE AN HOURLY2
427427 MINIMUM WAGE RATE OF TWENTY -FIVE DOLLARS PER HOUR BY JANUARY3
428428 1,
429429 2028, FOR INDIVIDUALS WHO PROVIDE DIRECT CARE SERVICES .4
430430 (c) T
431431 HE STATE DEPARTMENT SHALL ENFORCE THE MINIMUM DIRECT5
432432 CARE WORKER BASE WAGE THAT IS REQUIRED BY THIS SUBSECTION (2).6
433433 SECTION 6. Act subject to petition - effective date. This act7
434434 takes effect at 12:01 a.m. on the day following the expiration of the8
435435 ninety-day period after final adjournment of the general assembly; except9
436436 that, if a referendum petition is filed pursuant to section 1 (3) of article V10
437437 of the state constitution against this act or an item, section, or part of this11
438438 act within such period, then the act, item, section, or part will not take12
439439 effect unless approved by the people at the general election to be held in13
440440 November 2026 and, in such case, will take effect on the date of the14
441441 official declaration of the vote thereon by the governor.15
442442 HB25-1328
443443 -13-