SENATE BILL 97141
BY SENATORS Wham, Bishop, Hopper, Johnson, Powers, Reeves, Rupert, Tanner, and Weddig;
also REPRESENTATIVES Epps, Alexander, G. Berry,
Chavez, Keller, Leyba, Mace, Musgrave, Schwarz, and Snyder.
CONCERNING INDEPENDENT LIVING SERVICES FOR INDIVIDUALS
WITH SIGNIFICANT DISABILITIES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
8.1 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as
amended, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
ARTICLE 8.1
Independent Living Services
268.1101. Legislative declaration.
THE GENERAL ASSEMBLY HEREBY DETERMINES AND DECLARES THAT IT RECOGNIZES
OMISSIONS IN THE DELIVERY OF INDEPENDENT LIVING SERVICES TO SIGNIFICANTLY
DISABLED INDIVIDUALS AND DESIRES TO REMEDY SUCH INADEQUACIES IN
THE DELIVERY SYSTEM THROUGH SERVICES AT THE COMMUNITY LEVEL. TO
ADVANCE AND SUPPORT THE INDEPENDENCE OF DISABLED INDIVIDUALS AND
TO ASSIST SUCH INDIVIDUALS TO LIVE OUTSIDE OF INSTITUTIONS, THE
GENERAL ASSEMBLY HEREBY ENACTS THIS ARTICLE.
268.1102. Definitions.
AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "CROSSDISABILITY"
MEANS, WITH RESPECT TO AN INDEPENDENT LIVING CENTER, THAT A CENTER
PROVIDES INDEPENDENT LIVING SERVICES TO INDIVIDUALS REPRESENTING
A RANGE OF SIGNIFICANT DISABILITIES AND DOES NOT REQUIRE SPECIFIC
SIGNIFICANT DISABILITIES BEFORE DETERMINING THAT AN INDIVIDUAL
IS ELIGIBLE FOR INDEPENDENT LIVING SERVICES.
(2) "INDEPENDENT LIVING CENTER"
MEANS A CONSUMERCONTROLLED, COMMUNITYBASED, CROSSDISABILITY,
NONRESIDENTIAL PRIVATE NONPROFIT AGENCY THAT IS DESIGNATED AS
AN ELIGIBLE AGENCY UNDER TITLE VII, SECTION 725 OF THE FEDERAL
"REHABILITATION ACT OF 1973", AS AMENDED, AND THAT:
(a) IS DESIGNED AND OPERATED WITHIN A
LOCAL COMMUNITY BY INDIVIDUALS WITH DISABILITIES; AND
(b) PROVIDES A REQUIRED CORE OF INDEPENDENT
LIVING SERVICES AND PROGRAMS AND AN ARRAY OF EXPANDED SERVICES.
(3) "INDEPENDENT LIVING CORE SERVICES"
MEANS:
(a) INFORMATION AND REFERRAL SERVICES;
(b) INDEPENDENT LIVING SKILLS TRAINING;
(c) PEER COUNSELING, INCLUDING CROSSDISABILITY
PEER COUNSELING; AND
(d) INDIVIDUAL AND SYSTEMS ADVOCACY.
(4) "INDEPENDENT LIVING SERVICES"
MEANS:
(a) INDEPENDENT LIVING CORE SERVICES;
AND
(b) OTHER SERVICES AND ASSISTANCE AS DEFINED
IN 34 C.F.R. SEC. 364.4.
(5) "INDIVIDUAL WITH A SIGNIFICANT
DISABILITY" MEANS AN INDIVIDUAL WITH A SEVERE PHYSICAL, MENTAL,
COGNITIVE, OR SENSORY IMPAIRMENT WHOSE ABILITY TO FUNCTION INDEPENDENTLY
IN THE FAMILY OR COMMUNITY OR WHOSE ABILITY TO OBTAIN, MAINTAIN,
OR ADVANCE IN EMPLOYMENT IS SUBSTANTIALLY LIMITED AND FOR WHOM
THE DELIVERY OF INDEPENDENT LIVING SERVICES WILL IMPROVE THE ABILITY
TO FUNCTION, CONTINUE FUNCTIONING, OR MOVE TOWARD FUNCTIONING
INDEPENDENTLY IN THE FAMILY OR COMMUNITY OR TO CONTINUE IN EMPLOYMENT.
268.1103. Functions of
state department appropriations.
(1) (a) SUBJECT TO AVAILABLE APPROPRIATIONS, THE
STATE DEPARTMENT MAY CONTRACT WITH INDEPENDENT LIVING CENTERS
FOR INDEPENDENT LIVING CORE SERVICES.
(b) THE EXECUTIVE DIRECTOR SHALL REVIEW
EXPENDITURES IN ACCORDANCE WITH THE STANDARDS FOR INDEPENDENT
LIVING SERVICES SET BY THE STATE DEPARTMENT PURSUANT TO SECTION
268.1105 AND THE EVALUATION STANDARDS PRESCRIBED IN
SECTION 268.1107. THE STATE DEPARTMENT MAY WITHHOLD
STATE FUNDS IF THE EXECUTIVE DIRECTOR DETERMINES THAT THE PROGRAMS
OF SUCH INDEPENDENT LIVING CENTERS DO NOT COMPLY WITH SAID STANDARDS.
(2) FOR PURPOSES OF ALLOCATING MONEYS
UNDER THIS ARTICLE, EACH INDEPENDENT LIVING CENTER SHALL SUBMIT
A PROPOSED BUDGET TO THE STATE DEPARTMENT WHICH SHALL INCLUDE
PROPOSED EXPENDITURES, INCLUDING PROPOSED EXPENDITURES FOR SERVICES
THAT THE CENTER INTENDS TO PROVIDE.
268.1104. Written plan
consumer choice. EACH INDEPENDENT
LIVING CENTER SHALL MAINTAIN AN INDIVIDUAL CONSUMER SERVICE RECORD
INDICATING THE CONSUMER'S CHOICE OF SERVICES, INCLUDING AN INDIVIDUALIZED
INDEPENDENT LIVING PLAN REGARDING THE CONSUMER'S CHOICE OF SERVICES
OR A WRITTEN WAIVER OF SUCH PLAN.
268.1105. Rules. THE STATE DEPARTMENT SHALL PROMULGATE RULES SETTING FORTH STANDARDS FOR LEVELS AND TYPES OF CORE SERVICES WHICH SHALL BE IN COMPLIANCE WITH FEDERAL RULES AS DEFINED IN TITLE VII, SECTION 725 OF THE FEDERAL "REHABILITATION ACT OF 1973", AS AMENDED. THE STATE DEPARTMENT SHALL ALSO ADOPT RULES THAT SET STANDARDS FOR CERTIFICATION OF INDEPENDENT LIVING CENTERS AND SHALL REQUIRE THAT ANY CENTER MUST BE DESIGNATED AS AN ELIGIBLE AGENCY UNDER TITLE VII, SECTION 725 OF THE FEDERAL "REHABILITATION ACT OF 1973", AS AMENDED, AND MUST MEET ALL FEDERAL REQUIREMENTS FOR INDEPENDENT LIVING CENTERS.
268.1106. State plan.
THE STATEWIDE INDEPENDENT LIVING COUNCIL CREATED PURSUANT TO THE
FEDERAL "REHABILITATION ACT OF 1973", AS AMENDED, SHALL
DEVELOP AND REVISE THE STATE PLAN FOR INDEPENDENT LIVING TO REFLECT
THE PROVISIONS OF THIS ARTICLE.
268.1107. Approval of independent
living centers evaluation standards.
(1) THE FOLLOWING REQUIREMENTS SHALL BE MET BY EACH
INDEPENDENT LIVING CENTER AS A CONDITION OF THE APPROVAL OF ITS
PROGRAM:
(a) THE PROGRAM SHALL BE UNDER THE CONTROL
AND DIRECTION OF A BOARD OF DIRECTORS OR TRUSTEES OF A NONPROFIT
CORPORATION, THE MEMBERS OF WHICH SHALL BE PERSONS WITH A DEMONSTRATED
INTEREST IN PROGRAMS FOR PERSONS WITH DISABILITIES AND FIFTYONE
PERCENT OR MORE OF THE MEMBERS OF THE BOARD SHALL BE PERSONS WITH
DISABILITIES;
(b) THE INDEPENDENT LIVING CENTER SHALL
BE STAFFED WITH FIFTYONE PERCENT OR MORE OF PERSONS WITH
DISABILITIES;
(c) THE INDEPENDENT LIVING CENTER SHALL
COMPLY WITH ALL OF THE PROVISIONS OF THIS ARTICLE AND THE RULES
PROMULGATED THEREUNDER.
(2) IN ADDITION TO THE REQUIREMENTS OF
SUBSECTION (1) OF THIS SECTION, EACH INDEPENDENT LIVING CENTER,
AS A CONDITION OF APPROVAL OF ITS PROGRAM BY THE STATE DEPARTMENT,
SHALL AGREE TO COMPLY WITH THE FOLLOWING EVALUATION STANDARDS:
(a) Philosophy. THE INDEPENDENT
LIVING CENTER SHALL PROMOTE AND PRACTICE THE INDEPENDENT LIVING
PHILOSOPHY OF:
(I) CONSUMER CONTROL OF THE CENTER REGARDING
DECISIONMAKING, SERVICE DELIVERY, MANAGEMENT, AND ESTABLISHMENT
OF THE POLICY AND DIRECTION OF THE CENTER;
(II) SELFHELP AND SELFADVOCACY;
(III) DEVELOPMENT OF PEER RELATIONSHIPS
AND PEER ROLE MODELS;
(IV) EQUAL ACCESS OF INDIVIDUALS WITH
SIGNIFICANT DISABILITIES TO ALL OF THE CENTER'S SERVICES, PROGRAMS,
ACTIVITIES, RESOURCES, AND FACILITIES, WHETHER PUBLICLY OR PRIVATELY
FUNDED, WITHOUT REGARD TO THE TYPE OF SIGNIFICANT DISABILITY OF
THE INDIVIDUAL; AND
(V) PROMOTING EQUAL ACCESS OF INDIVIDUALS
WITH ALL TYPES OF SIGNIFICANT DISABILITIES TO ALL SERVICES, PROGRAMS,
ACTIVITIES, RESOURCES, AND FACILITIES IN THE COMMUNITY, WHETHER
PUBLIC OR PRIVATE, AND REGARDLESS OF FUNDING SOURCE, ON THE SAME
BASIS THAT ACCESS IS PROVIDED TO OTHER INDIVIDUALS WITH DISABILITIES
AND TO INDIVIDUALS WITHOUT DISABILITIES.
(b) Provision of services. THE
INDEPENDENT LIVING CENTER SHALL PROVIDE INDEPENDENT LIVING SERVICES
TO INDIVIDUALS WITH A RANGE OF SIGNIFICANT DISABILITIES. THE INDEPENDENT
LIVING CENTER SHALL PROVIDE INDEPENDENT LIVING SERVICES ON A CROSSDISABILITY
BASIS. THE INDEPENDENT LIVING CENTER SHALL DETERMINE ELIGIBILITY
FOR INDEPENDENT LIVING SERVICES AND SHALL NOT EXCLUDE ELIGIBILITY
ON THE PRESENCE OF ANY ONE SPECIFIC SIGNIFICANT DISABILITY.
(c) Independent living goals. THE
INDEPENDENT LIVING CENTER SHALL FACILITATE THE DEVELOPMENT AND
ACHIEVEMENT OF INDEPENDENT LIVING GOALS SELECTED BY INDIVIDUALS
WITH SIGNIFICANT DISABILITIES WHO SEEK ASSISTANCE IN THE DEVELOPMENT
AND ACHIEVEMENT OF INDEPENDENT LIVING GOALS FROM THE CENTER.
(d) Community options. THE INDEPENDENT
LIVING CENTER SHALL CONDUCT OUTREACH AND ACTIVITIES TO INCREASE
THE AVAILABILITY AND IMPROVE THE QUALITY OF COMMUNITY OPTIONS
FOR INDEPENDENT LIVING TO FACILITATE THE DEVELOPMENT AND ACHIEVEMENT
OF INDEPENDENT LIVING GOALS BY INDIVIDUALS WITH SIGNIFICANT DISABILITIES.
(e) Independent living core services.
THE INDEPENDENT LIVING CENTER SHALL PROVIDE INDEPENDENT LIVING
CORE SERVICES AND, AS APPROPRIATE, A COMBINATION OF ANY OF THE
OTHER INDEPENDENT LIVING SERVICES REFERRED TO IN SECTION 268.1102
(4) (b).
(f) Activities to increase community
capacity. THE INDEPENDENT LIVING CENTER SHALL CONDUCT ACTIVITIES
TO INCREASE THE CAPACITY OF COMMUNITIES WITHIN THE SERVICE AREA
OF THE CENTER TO MEET THE NEEDS OF INDIVIDUALS WITH SIGNIFICANT
DISABILITIES.
(g) Resource development activities. THE INDEPENDENT LIVING CENTER SHALL CONDUCT RESOURCE DEVELOPMENT ACTIVITIES TO OBTAIN FUNDING FROM SOURCES OTHER THAN FEDERAL AND STATE SOURCES.
(3) THE INDEPENDENT LIVING CENTER SHALL
SUBMIT ANNUALLY TO THE STATE DEPARTMENT A PERFORMANCE REPORT THAT
PROVIDES EVIDENCE THAT THE CENTER HAS MET THE EVALUATION STANDARDS
SET FORTH IN SUBSECTION (2) OF THIS SECTION.
268.1108. Acceptance of
federal grants. THE EXECUTIVE DIRECTOR
IS AUTHORIZED TO ACCEPT, ON BEHALF OF THE STATE, ANY GRANTS OF
FEDERAL FUNDS MADE AVAILABLE FOR ANY PURPOSES CONSISTENT WITH
THE PROVISIONS OF THIS ARTICLE. AS INDICATED IN THE GENERAL APPROPRIATIONS
ACT, THE EXECUTIVE DIRECTOR, WITH THE APPROVAL OF THE GOVERNOR,
HAS THE POWER TO DIRECT THE DISPOSITION OF ANY SUCH GRANTS SO
ACCEPTED IN CONFORMITY WITH THE TERMS AND CONDITIONS UNDER WHICH
GIVEN.
SECTION 2. 261201
(1) (m), Colorado Revised Statutes, 1989 Repl. Vol., as amended,
is amended to read:
261201. Programs administered
services provided department of human services.
(1) This section specifies the programs to be administered
and the services to be provided by the department of human services.
These programs and services include the following:
(m) Independent living rehabilitation
programs, as specified in article 8.1 of this title;
SECTION 3. Statement of intent.
It is the intent of the general assembly that the general fund
appropriation for fiscal year 199798 in the long appropriation
act to the department of human services, division of vocational
rehabilitation, for independent living grants, be appropriated
only to the independent living centers that are certified by the
state department as of June 1, 1997, and that such appropriation
be distributed in equal amounts to each of those centers.
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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO