HOUSE 3rd Reading Unamended April 18, 2016 HOUSE Amended 2nd Reading April 15, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0407.01 Brita Darling x2241 HOUSE BILL 16-1195 HOUSE SPONSORSHIP Landgraf and Young, SENATE SPONSORSHIP Crowder and Steadman, House Committees Senate Committees Health, Insurance, & Environment Appropriations A BILL FOR AN ACT Concerning home modification services in medicaid home- and community-based services waivers, and, in connection therewith, making an appropriation. 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.) The bill amends the definition of home modification services to clarify that the services are available for installations and adaptations related to an eligible person's disability as permitted by federal law, and not solely for a physical impairment. With federal authorization, the bill permits the cap on the amount of home modification services an individual may receive to reset at the time of the renewal of the home- and community-based services (HCBS) for the elderly, blind, and disabled waiver. The bill aligns the statutory definition for environmental modification services in the HCBS for persons with brain injury waiver by renaming it home modification services, and, with federal authorization, permits the cap on the amount of services an individual may receive to reset at the time of the renewal of the waiver. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 25.5-6-303, amend (13) as follows: 25.5-6-303. Definitions. As used in this part 3 and part 5 of this article, unless the context otherwise requires: (13) "Home modification services" means home installations or adaptations that are related to the eligible person's physical impairment and disability that enable the person to remain at in the home. SECTION 2. In Colorado Revised Statutes, 25.5-6-307, amend (1) (d) as follows: 25.5-6-307. Services for the elderly, blind, and disabled. (1) Subject to the provisions of this part 3, home- and community-based services for the elderly, blind, and disabled include only the following services: (d) Home modification services. Subject to federal authorization, the individual cap on the amount of home modification services that an eligible person may receive resets upon each renewal of the waiver authorizing the services provided in this part 3. SECTION 3. In Colorado Revised Statutes, 25.5-6-703, add (4.5) as follows: 25.5-6-703. Definitions. As used in this part 7, unless the context otherwise requires: (4.5) "Home modification services" has the same meaning as set forth in section 25.5-6-303. SECTION 4. In Colorado Revised Statutes, 25.5-6-704, amend (2) (f) as follows: 25.5-6-704. Implementation of home- and community-based services program for persons with brain injury authorized - federal waiver - duties of the department. (2) Services for eligible persons may be established in department rules to the extent authorized or required by federal waiver, but shall include at least the following: (f) Environmental Home modification services. Subject to federal authorization, the individual cap on the amount of home modification services that an eligible person may receive resets upon each renewal of the waiver authorizing the services provided in this part 7. SECTION 5. In Colorado Revised Statutes, 25.5-6-603, add (2) as follows: 25.5-6-603. Definitions. As used in this part 6, unless the context otherwise requires: (2) "Home modification services" has the same meaning as set forth in section 25.5-6-303. SECTION 6. In Colorado Revised Statutes, 25.5-6-606, amend (1) as follows: 25.5-6-606. Implementation of program for mentally ill authorized - federal waiver - duties of the department of health care policy and financing and the department of human services. (1) The state department is hereby authorized to seek any necessary waiver from the federal government to develop and implement a home- and community-based services program for persons with major mental illnesses. The program shall be designed to provide home- and community-based services to eligible persons. Eligibility may be limited to persons who meet the level of services provided in a nursing facility, and services for eligible persons may be established in state board rules to the extent such eligibility criteria and services are authorized or required by federal waiver. The program shall include services provided under the consumer-directed care service model, part 11 of this article. The program shall also include home modification services. Subject to federal authorization, the individual cap on the amount of home modification services that an eligible person may receive resets upon each renewal of the waiver authorizing the services provided pursuant to this part 6. SECTION 7. In Colorado Revised Statutes, 25.5-6-1302, add (2.5) as follows: 25.5-6-1302. Definitions. As used in this part 13, unless the context otherwise requires: (2.5) "Home modification services" has the same meaning as set forth in section 25.5-6-303. SECTION 8. In Colorado Revised Statutes, 25.5-6-1303, add (6.5) as follows: 25.5-6-1303. Pilot program - complementary or alternative medicine - rules. (6.5) In addition to any other services provided pursuant to this part 13, the pilot program shall also include home modification services. Subject to federal authorization, the individual cap on the amount of home modification services that an eligible person with a disability may receive resets upon each renewal of the waiver authorizing the services pursuant to this part 13. SECTION 9. Appropriation. (1) For the 2016-17 state fiscal year, $7,950 is appropriated to the department of health care policy and financing. This appropriation is from the general fund, and is subject to the "(M)" notation as defined in the annual general appropriation act for the same fiscal year. To implement this act, the department may use this appropriation for Medicaid management information system maintenance and projects. (2) For the 2016-17 state fiscal year, the general assembly anticipates that the department of health care policy and financing will receive $23,850 in federal funds for Medicaid management information system maintenance and projects. The appropriation in subsection (1) of this section is based on the assumption that the department will receive this amount of federal funds. SECTION 10. 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 10, 2016, if adjournment sine die is on May 11, 2016); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.