NOTE: The governor signed this measure on 6/4/2015. HOUSE BILL 15-1033 BY REPRESENTATIVE(S) Primavera, Wilson, Lebsock, Becker K., Court, Danielson, Duran, Esgar, Fields, Ginal, Hamner, Kraft-Tharp, Lee, Lontine, McCann, Melton, Mitsch Bush, Moreno, Pettersen, Rosenthal, Roupe, Ryden, Salazar, Sias, Tyler, Williams, Winter, Young, Hullinghorst; also SENATOR(S) Crowder, Aguilar, Carroll, Donovan, Garcia, Guzman, Heath, Hodge, Johnston, Jones, Kefalas, Kerr, Martinez Humenik, Merrifield, Newell, Steadman, Todd, Ulibarri. Concerning long-term strategies to address Colorado's aging population, and, in connection therewith, creating a strategic action planning group to develop a comprehensive, long-term action plan for Colorado's aging population and making an appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 34 to article 32 of title 24 as follows: PART 34 COMPREHENSIVE STRATEGIC ACTION PLAN ON AGING POPULATION IN COLORADO 24-32-3401. Short title. This part 34 shall be known and may be cited as the "Colorado Comprehensive Strategic Action Plan on Aging Act". 24-32-3402. Legislative declaration. (1) The general assembly finds and declares that: (a) Both the United States and Colorado face a historic demographic shift over the next fifty years. As unprecedented numbers of workers retire and longevity increases, the percentage of the population fifty years of age and older will increase rapidly and significantly. (b) This aging of our population will have wide-ranging economic, workforce, and social effects on all sectors of our society. A great many families, communities, businesses, public agencies, and programs are insufficiently prepared to meet these challenges effectively. (c) The aging of our population creates opportunities for using this population's experience and wisdom in the workplace and through volunteer opportunities; (d) The aging of our population will place significant financial pressure on all families, but especially middle- and lower-income families, who will be challenged to provide long-term care, services, and supports for loved ones. Few of these families are fully aware of or prepared for the challenges of aging, retirement, and caregiving. (e) The aging of Colorado's population will have significant long-term impacts, both positive and negative, on the state's workforce, businesses, and economy, including private-pay long-term care services and infrastructure, creating both challenges and opportunities; (f) The aging of our population will place unprecedented long-term demands on public sector programs and budgets, including social security, medicare, medicaid, housing, transportation, and health at the federal, state, and local levels; (g) The aging of Colorado's population could significantly impact future state income and sales tax revenues as well as local sales and property tax revenues; and (h) Colorado families, communities, businesses, and public agencies would all benefit from more comprehensive research into the issues related to the broad challenges of aging and from the development of a long-term strategic action plan and set of recommendations for addressing those challenges. (2) It is therefore the intent of the general assembly to establish a multi-disciplinary private and public sector stakeholders' group to develop a comprehensive strategic action plan on aging in Colorado through the year 2030. The group shall provide to the governor and general assembly comprehensive data on and specific recommendations regarding private and public options for addressing this demographic shift for the state to consider. (3) It is the intent of the general assembly that the recommendations of the group created in this part 34 will lead to the implementation of programs, services, projects, policies, and procedures starting by November 1, 2016, in both the public and private sectors. 24-32-3403. Definitions. As used in this part 34, unless the context otherwise requires: (1) "Fund" means the strategic action plan on aging cash fund established pursuant to section 24-32-3407. (2) "Older adult population" means persons fifty years of age and older. (3) "Strategic action plan" or "plan" means the comprehensive action plan on aging in Colorado developed by the planning group pursuant to section 24-32-3405. (4) "Strategic action planning group on aging" or "planning group" means the strategic action planning group on aging established pursuant to section 24-32-3404. 24-32-3404. Strategic action planning group on aging. (1) (a) There is established a strategic action planning group on aging for the purpose of studying and producing a comprehensive strategic action plan on aging in Colorado through the year 2030. The planning group shall examine the impacts, both positive and negative, of the aging demographic shift through the year 2030 on: (I) The economy, workforce, and businesses and market-based products and services; (II) State and local revenue budgets and fiscal policies; (III) Medicaid and other safety-net programs and the collateral impact on other nonrelated state programs; (IV) Family caregiving and private and public options for long-term care, services, and supports; (V) The effects of potential federal entitlement reforms on Colorado; and (VI) Transportation services and infrastructure. (b) The planning group shall consider or incorporate information, recommendations, and best practices from past and current study groups, foundations, state agencies, local governments, and initiatives proposed or implemented in other states, as well as from state and national commissions and study groups on aging and long-term care, services, and supports. (2) (a) The planning group consists of twenty-three voting members appointed by the governor on or before August 1, 2015, as follows: (I) Four members who represent consumers. Consumer representatives must include: (A) Two persons from nonprofit organizations representing or advocating for older adult populations; (B) A representative of an area agency on aging as described in section 26-11-204, C.R.S.; and (C) Three persons who are actual consumers of services for older adult populations. (II) Five members who represent private, public, and community-based health care and long-term care, service, or support providers for older adults such as representatives of: (A) Skilled nursing care; (B) Assisted living facilities; (C) Adult day care and home care; (D) Hospice and palliative care; (E) Geriatric health care, including Alzheimer care; (F) Mental health; or (G) Oral, vision, and audiological health; (III) One member who has extensive knowledge and expertise in long-term care, services, and supports who is not a provider of such services; (IV) One member who is a county commissioner; (V) One member who represents the business community in Colorado; (VI) Three members who have extensive knowledge of or experience with state and local budgets and fiscal policy or who are representatives from nonprofit organizations that have experience with fiscal and statewide policy issues; (VII) One member who is a representative of institutions of higher education in a field related to older adult populations; and (VIII) Five members from the executive branch, including: (A) The executive director of the department of human services or the director's designee; (B) The executive director of the department of health care policy and financing or the director's designee; (C) The executive director of the department of public health and environment or the director's designee; (D) The chair of the commission on aging or the director's designee; and (E) The executive director of the department of transportation or the director's designee. (b) (I) The governor shall consult with the president of the senate, the speaker of the house of representatives, and minority leaders about appointments to ensure: (A) At least one appointment from a rural region of the state; (B) Representation from at least five different congressional districts in the state; and (C) Not more than ten of the twenty-one voting members are from the same political party and the state's two major political parties have an equal number of members on the commission. (II) In making appointments to the planning group, the governor will consider representation for members of diverse racial, cultural, income, gender, and ability groups. (c) Any person interested in serving as a member of the planning group shall submit an application to the governor's office. (d) The planning group shall elect a chair and vice-chair from the members of the planning group to coordinate the work of the planning group. (e) Members of the planning group serve without compensation but may receive reimbursement for actual and necessary expenses incurred in the performance of their duties as members of the planning board. (f) (I) The term of each member of the planning group is four years, except that the governor shall select: (A) One person appointed pursuant to subparagraph (I) of paragraph (a) of this subsection (2); two persons appointed pursuant to subparagraph (II) of paragraph (a) of this subsection (2); the person appointed pursuant to subparagraph (IV) of paragraph (a) of this subsection (2); one of the persons appointed pursuant to subparagraph (VI) of paragraph (a) of this subsection (2); and two of the persons appointed pursuant to subparagraph (VIII) of paragraph (a) of this subsection (2) to serve an initial term of two years; and (B) One person appointed pursuant to subparagraph (I) of paragraph (a) of this subsection (2); two persons appointed pursuant to subparagraph (II) of paragraph (a) of this subsection (2); the person appointed pursuant to subparagraph (V) of paragraph (a) of this subsection (2); one of the persons appointed pursuant to subparagraph (VI) of paragraph (a) of this subsection (2); and two of the persons appointed pursuant to subparagraph (VIII) of paragraph (a) of this subsection (2) to serve an initial term of three years. (II) The governor may reappoint a member for only one additional four-year term after a member's initial term. (III) If there is a vacancy on the planning group for any reason, the governor shall appoint a new member from the appropriate representative group to serve the remainder of the member's term. (IV) Members of the planning group may remove a member of the planning group, for cause, if approved by a two-thirds majority of all members of the planning group. (g) The planning group shall meet as necessary, as determined by the members of the planning group, as soon as practicable after the governor makes the appointments. (h) (I) The planning group shall establish special purpose subcommittees to consider and evaluate issues as it deems necessary to fulfill its goals, objectives, and duties, which may include but are not limited to: (A) Transportation; (B) Housing; (C) Workforce development; (D) Access to health care; (E) Long-term care and other human services; and (F) Retirement security. (II) The special purpose subcommittees may include persons who are not members of the planning group. In appointing members of a special purpose subcommittee, the planning group shall pay special attention to appointing representatives from subject areas not otherwise represented on the planning group. Members of a special purpose subcommittee serve without compensation or reimbursement of expenses. (III) The planning group shall establish a technical advisory committee to advise and assist the planning group, which committee consists of the state demographer and subject matter experts from local governments and nongovernmental organizations. The governor may also identify and provide subject matter experts as members of the technical advisory committee from state departments or agencies as identified and requested by the planning group. (3) Subject to available appropriations, the planning group may identify and contract with any third-party organization for the purpose of data analysis and projection reporting. (4) The planning group shall contract with a third party for staffing services including: (a) A project administrator whose duties include: (I) Meeting organization and coordination; (II) Public relations and external distribution of information; (III) Coordination between third-party contractors and the planning group; (IV) Coordination between state departments and other organizations and the planning group; (V) Management of report production; (VI) Management of the planning group web site; and (VII) Any other function to be assigned by the planning group; (b) A project assistant who is responsible for tasks assigned by the project administrator. 24-32-3405. Operation. (1) The planning group shall exercise its powers and perform its duties and functions as specified by this part 34 independently from the department. The department acts solely as the fiscal agent for the planning group. (2) The planning group may establish bylaws as appropriate for its effective operation. (3) The chair of the planning group shall establish a schedule for planning group meetings. The commission must meet at least twelve times each calendar year. (4) Members of the planning group, staff, and consultants are not liable for an act or omission in their official capacity performed in good faith in accordance with this part 34. (5) (a) The planning group is exempt from the "Procurement Code", articles 101 to 112 of this title. (b) (I) Except as provided in subparagraph (II) of this paragraph (b), the planning group is subject to the open meetings law, part 4 of article 6 of this title, and to the "Colorado Open Records Act", part 2 of article 72 of this title. (II) Members of the planning group may convene in groups of no more than five members for the following purposes without complying with the open meetings law as long as no formal action is taken at the meeting: (A) To gather and understand data; or (B) To organize and plan for the business of the planning group. 24-32-3406. Duties of strategic action planning group. (1) (a) The planning group shall develop a comprehensive strategic action plan on aging in Colorado through the year 2030 to be completed by November 1, 2016. In developing the strategic action plan, the planning group shall review and incorporate past recommendations and findings from previous studies and commissions that the planning group considers relevant and necessary to its duties. Previous recommendations must be reviewed in conjunction with the latest demographic and economic projections specified in the analysis conducted pursuant to paragraph (c) of this subsection (1) in order to assess their long-term fiscal viability. (b) The strategic action plan must address at least the following three areas: (I) Demographic, economic, fiscal, and budget data analysis through the year 2030; (II) Actionable recommendations; and (III) Plans for updates to the strategic action plan. (c) Data analysis. The strategic action plan must include the following areas of data analysis: (I) Statewide and regional demographic analysis of Colorado's older adult population; (II) Analysis of the impacts, both positive and negative, of the demographic shift on the state economy and workforce participation; (III) Analysis of the impacts, both positive and negative, of the demographic shift on state and local revenues including income, sales, and property tax; (IV) Projected effects of the demographic shift on state and local revenues and identification of possible revenue shortfalls; (V) Projected state budget impact of the demographic shift on Colorado's medicaid program; (VI) Projected state budget impact of the demographic shift on other state departments and programs; (VII) Analysis of the financial security of Colorado's older adult population that are in or approaching retirement in order to determine projected future demand on medicaid and other state-funded safety net programs; (VIII) Analysis of the retirement savings gap and retirement security for the state's older adult population; (IX) Analysis of projected cost trends of private long-term care, services, and supports; (X) Analysis of the number of persons in the older adult population who would benefit from receiving additional community-based services and the types of services and supports required for members of this population to remain in their own residences and communities for as long as possible; (XI) Analysis of any federal spending actions relative to medicaid, social security, medicare, and other federal programs the planning group considers relevant and their effect on general fund expenditures and reserves as well as nonrelated state expenditures; (XII) Analysis of existing and proposed private sector initiatives to address retirement preparedness and long-term care, services, and supports for the older adult population; and (XIII) Economic impact of caregiving on Colorado families, businesses, and the state economy. (d) Actionable recommendations. Recommendations shall include at least: (I) Options to address the long-term impact of the demographic shift on Colorado citizens, state government, and the private sector; (II) Options to address disproportional regional demographic shifts in older adult populations; (III) Options to improve financial security and retirement preparation for the older adult population; (IV) Recommendations to enhance access to services and public education on aging issues; (V) Options to strengthen and improve service quality and infrastructure for long-term services and supports to better enable the services and supports to meet future demand; (VI) Options to reduce administrative and service delivery costs of public and private long-term services and supports while maintaining service quality; (VII) Administrative and regulatory reforms needed to more cost-effectively organize state agencies to implement state programs and services; (VIII) Private sector options for state-based long-term care, services, and supports; (IX) Options to extend and improve other services and supports that would allow individuals to remain in their residences and communities for as long as possible; (X) Options to improve the accessibility and sustainability of affordable housing and transportation services; (XI) Options to improve caregiver supports and mitigate both the financial and nonfinancial impacts of caregiving on patients, caregivers, businesses, and the state; (XII) Projections on the economic, fiscal, and personal impacts of implementing or not implementing the recommendations. This analysis should also consider the nonfinancial and quality-of-care impacts of the recommendations on Colorado's long-term care, services, and supports; healthcare infrastructure and workforce; aging; and caregiver populations. (XIII) Possible legislation for consideration by the general assembly in order to implement the planning group's recommendations and achieve its stated goals; and (XIV) Possible regulatory changes to be offered to state departments in order to implement the planning group's recommendations and achieve its stated goals. (2) Reports. (a) During the 2016 and 2017 legislative sessions, the planning group shall submit an oral report summarizing its work and any preliminary findings or recommendations to the joint budget committee. (b) (I) By November 30, 2016, the planning group shall submit to the governor, the general assembly, and any affected state agency its strategic action plan detailing the work of the planning group and its final recommendations. (II) (A) If the strategic action plan identifies programs, services, projects, policies, or procedures that would result in cost savings, without adversely affecting the quality of care and services, and do not require legislation, the governor and the affected state agencies are encouraged to pursue the necessary actions to implement the recommendations, including, as necessary, requesting adequate funding through the state budget process. (B) If the strategic action plan identifies programs, services, projects, policies, or procedures that would result in cost savings, without adversely affecting the quality of care and services, that require legislation, the planning group shall recommend legislation to implement the changes to the governor and the general assembly. In its plan, the planning group shall specify the laws that need to be created, amended, or repealed to implement the recommendations. (c) Strategic plan updates. (I) The planning group shall submit two updates to the strategic action plan, one by November 1, 2018, and one by November 1, 2020, to update the planning group's analysis and recommendations. (II) (A) These updates shall include new economic and demographic data as well as respond to new state and national public and private initiatives and must address a time period for analysis and recommendation that extends fifteen years after the delivery of the update. (B) The process for creating these updates shall be determined by the planning group as part of its strategic action plan. (C) New legislative or regulatory recommendations may be offered in order to address new or changing circumstances. (III) The initial planning group shall determine the staffing and process for updating the initial strategic action plan. The planning group will only undertake the plan updates if sufficient funding is secured through additional appropriations, gifts, grants, or donations. 24-32-3407. Strategic action plan on aging cash fund. (1) There is created in the state treasury the strategic action plan on aging cash fund consisting of any moneys that may be appropriated to the fund by the general assembly together with any gifts, grants, or donations received by the planning group. The planning group may seek and accept gifts, grants, or donations for the purpose of funding the planning group's operations and development of the strategic action plan. The moneys in the fund are continuously appropriated to the planning group for the direct and indirect costs associated with implementing this part 34. (2) The state treasurer may invest any moneys in the fund not expended for the purpose of this part 34 as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund. 24-32-3408. Repeal of part - sunset review. This part 34 is repealed, effective July 1, 2022. Prior to such repeal, the planning group must be reviewed as provided for in section 2-3-1203, C.R.S. SECTION 2. In Colorado Revised Statutes, 2-3-1203, add (3) (ii.5) (II) as follows: 2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates on which the statutory authorization for the designated advisory committees is scheduled for repeal: (ii.5) September 1, 2022: (II) The strategic action planning group on aging established pursuant to section 24-32-3404, C.R.S.; SECTION 3. Appropriation. For the 2015-16 state fiscal year, $364,915 is appropriated to the department of local affairs for use by the division of local government. This appropriation is from the general fund and is based on an assumption that the division will require an additional 0.3 FTE. To implement this act, the office may use this appropriation to support the strategic planning group tasked with investigating issues related to the increasing number of Coloradans age 50 and older. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ________________________________________________________ Dickey Lee Hullinghorst Bill L. Cadman 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