Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0739.01 Jerry Barry x4341 HOUSE BILL 12-1230 HOUSE SPONSORSHIP Young, SENATE SPONSORSHIP Aguilar, House Committees Senate Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT Concerning studies of the redesign of long-term services for persons with developmental disabilities. 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://www.leg.state.co.us/billsummaries.) Subject to the receipt of sufficient gifts, grants, and donations, the bill directs the department of health care policy and financing (department) to contract for one or more studies of redesigning the systems of providing long-term services and supports to persons with a developmental disability. The department will forward copies of reports of the studies to certain committees of the general assembly. If a study finds that the redesign of the systems will result in cost savings or increased recipient satisfaction, the department is authorized to seek federal authorization to implement the changes and to seek changes in appropriations during the next budget cycle. The bill repeals the new provision, effective July 1, 2015. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 25.5-6-108.7 as follows: 25.5-6-108.7. Studies of redesigning the services and supports systems for persons with developmental disabilities - authority to implement - notice of funding through gifts, grants, and donations - repeal. (1) (a) Subject to the receipt of sufficient moneys pursuant to paragraph (c) of this subsection (1), the state department shall contract for one or more studies of the redesign of systems for providing services and supports to persons with developmental disabilities receiving services under this article. The state department shall make necessary data available to a contractor. In selecting a contractor to perform any study conducted pursuant to this subsection (1), the state department is not required to follow the competitive bidding requirements of the "Procurement Code", articles 101 to 112 of title 24, C.R.S. The state department shall provide copies of all studies conducted pursuant to this subsection (1) to members of the health and human services committee of the senate, or any successor committee, to members of the health and environment committee of the house of representatives, or any successor committee, and to the members of the joint budget committee. (b) If a study conducted pursuant to this subsection (1) concludes that changes to the design of the systems for providing services and supports to persons with a developmental disability would result in cost savings and better recipient satisfaction, the state department shall seek any necessary federal authorization to implement the changes to the systems. If federal authorization to implement the changes is obtained, the state department shall request, through the state budget process, that the changes be implemented. (c) (I) The state department is authorized to seek and accept gifts, grants, or donations from private and public sources for the purposes of this subsection (1); except that the state department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this subsection (1) or any other law of the state. The state department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the department of health care policy and financing cash fund created in section 25.5-1-109. (II) (A) In seeking or accepting a gift, grant, or donation, the state department shall notify the legislative council staff when it has received adequate funding through gifts, grants, or donations for the purpose of this subsection (1) and shall include in the notification the information specified in section 24-75-1303 (3), C.R.S. (B) This subparagraph (II) is repealed, effective July 1, 2015. (2) (a) Subject to the receipt of sufficient moneys, one of the studies contracted pursuant to subsection (1) of this section shall include research and analysis of: (I) The current Colorado systems for services and supports for persons with developmental disabilities; (II) The best practices found in other states for the design of services to persons with developmental disabilities that result in the best outcomes; (III) The ways in which the home- and community-based services waivers for persons with developmental disabilities can be revised to be more consumer-driven in order to produce better outcomes; and (IV) The recommendations that might be made about redesign of Colorado systems for services and supports for persons with developmental disabilities. (b) The study conducted pursuant to this subsection (2) shall be completed by January 1, 2014, and, if federal approval is obtained prior to final figure-setting for the fiscal year commencing July 1, 2014, the state department shall submit a request through the budget process for implementation of the approved changes for that fiscal year. (3) This section is repealed, effective July 1, 2015. SECTION 2. 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 (August 8, 2012, if adjournment sine die is on May 9, 2012); 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 November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.