HOUSE 3rd Reading Unamended May 4, 2016 HOUSE Amended 2nd Reading May 3, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-1067.01 Brita Darling x2241 HOUSE BILL 16-1380 HOUSE SPONSORSHIP Young, SENATE SPONSORSHIP Martinez Humenik, House Committees Senate Committees Public Health Care & Human Services Appropriations A BILL FOR AN ACT Concerning permitting persons receiving home- and community-based services under certain medicaid waivers to receive in-home support services, 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 adds in-home support services to allowable services for medicaid clients enrolled in home- and community-based services for major mental illness and persons enrolled in home- and community-based services for persons with brain injury. The addition of in-home support services is contingent upon the department of health care policy and financing receiving federal authorization for these services. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 25.5-6-1201 as follows: 25.5-6-1201. Legislative declaration. (1) 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; 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 who 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 clients receiving home- and community-based services for the elderly, blind, and disabled, clients of receiving home- and community-based services for persons with major mental illness, clients receiving home- and community-based services for persons with brain injury, 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. (2) The general assembly further finds that allowing clients more self-direction in their care is a more effective way to deliver home- and community-based services to clients with major mental illnesses and brain injuries, as well as to clients receiving home- and community-based supportive living services and children's extensive support services. Therefore, the general assembly declares that it is appropriate for the state department to develop a plan for expanding the availability of in-home support services to include these clients. SECTION 2. 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 enrolled in home- and community-based services 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 enrolled in the disabled children care program pursuant to section 25.5-6-901, is enrolled in home- and community-based services pursuant to part 6 of this article, or is enrolled in home- and community-based services pursuant to part 7 of this article; SECTION 3. 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, and in-home support services, part 12 of this article. SECTION 4. In Colorado Revised Statutes, 25.5-6-704, add (2) (l) 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: (l) In-home support services pursuant to part 12 of this article. SECTION 5. Appropriation. (1) For the 2016-17 state fiscal year, $31,008 is appropriated to the department of health care policy and financing for use by the executive director's office. This appropriation is from the general fund. To implement this act, the office may use this appropriation as follows: (a) $27,382 for personal services, which amount is based on an assumption that the office will require an additional 0.9 FTE; (b) $2,826 for operating expenses; and (c) $800 for Medicaid management information system maintenance and projects, which amount is subject to the "(M)" notation as defined in the annual general appropriation act for the same fiscal year. (2) For the 2016-17 state fiscal year, the general assembly anticipates that the department of health care policy and financing will receive $37,408 in federal funds to implement this act. The appropriation in subsection (1) of this section is based on the assumption that the department will receive this amount of federal funds to be used as follows: (a) $27,381 for personal services; (b) $2,827 for operating expenses; and (c) $7,200 for Medicaid management information system maintenance and projects. SECTION 6. 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.