NOTE: The governor signed this measure on 5/22/2014. HOUSE BILL 14-1358 BY REPRESENTATIVE(S) Young and Joshi, Primavera, Schafer, Tyler, Buckner, Ginal, Kraft-Tharp, May, Mitsch Bush, Rosenthal, Ryden, Vigil; also SENATOR(S) Aguilar, Crowder, Heath, Herpin, Johnston, Kefalas, Kerr, King, Newell, Nicholson, Rivera, Roberts, Schwartz, Tochtrop, Todd, Zenzinger, Carroll. Concerning continuation of in-home support services, and, in connection therewith, authorizing in-home support services for spinal cord injury waiver pilot program participants. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal (45.5) (a); and add (50.5) (j) as follows: 24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (45.5) The following agencies, functions, or both, shall terminate on September 1, 2014: (a) In-home support services, established pursuant to part 12 of article 6 of title 25.5, C.R.S. (50.5) The following agencies, functions, or both, terminate on September 1, 2019: (j) In-home support services, established pursuant to part 12 of article 6 of title 25.5, C.R.S.; SECTION 2. In Colorado Revised Statutes, amend 25.5-6-1201 as follows: 25.5-6-1201. Legislative declaration. The general assembly finds that there may be a more effective way to deliver home- and community-based services to the elderly, blind, and disabled, and to disabled children, and to persons with spinal cord injuries, that allows for more self direction in their care and a cost savings to the state. The general assembly also finds that every person that is currently receiving home- and community-based services does not need the same level of supervision and care from a licensed health care professional in order to meet his or her care needs and remain living in the community. The general assembly, therefore, declares that it is beneficial to the elderly, blind, and disabled clients of home- and community-based services, and to clients of the disabled children care program, and to clients enrolled in the spinal cord injury waiver pilot program, for the state department to develop a service that would allow these people to receive in-home support. SECTION 3. In Colorado Revised Statutes, 25.5-6-1202, amend (3) (a) as follows: 25.5-6-1202. Definitions. As used in this part 12, unless the context otherwise requires: (3) "Eligible person" means any person who: (a) Is eligible for enrolled in home- and community-based services under pursuant to part 3 of this article, is enrolled in the spinal cord injury waiver pilot program pursuant to part 13 of this article, or is eligible for enrolled in the disabled children care program under pursuant to section 25.5-6-901; SECTION 4. In Colorado Revised Statutes, amend 25.5-6-1207 as follows: 25.5-6-1207. Repeal of part. This part 12 is repealed, effective September 1, 2014 2019. Prior to such repeal, in-home support services established under this part 12 shall be reviewed as provided for in section 24-34-104, C.R.S. SECTION 5. 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 6, 2014, if adjournment sine die is on May 7, 2014); 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 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. ________________________________________________________ Mark Ferrandino Morgan Carroll SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO