Colorado 2003 | advancingstates.org

Colorado 2003

<H3>Colorado</H3>   <H4>Task Force</H4> The Colorado Attorney General's Office has interpreted the Olmstead decision as not requiring a comprehensive plan. Nonetheless, and absent legislative action or an executive order, state officials are in the process of developing a plan. The plan will be developed in three areas-developmental disabilities, mental illness and physical disabilities and aging. The Department of Human Services will oversee the first two sections, and the Department of Health Care Policy and Finance will oversee the physical disabilities and aging area section. The draft plans will be finalized and released in 2003.   <H4>Implementation </H4> Legislation House Bill 1282, enacted in 2002, makes modifications to the home and community-based services programs for individuals with brain injury. This will allow \"supported living\" to be provided to \"eligible persons\" on a supportive care campus, a residential campus that provides supported living services. House Bill 1039, enacted in 2002, authorizes creation of a consumer-directed care program that allows elderly people to receive a direct payment through a voucher to purchase qualified services. House Bill 1067, enacted in 2002, creates a state-run family caregiver support program supported by federal funds authorized for this purpose. The program would provide information, counseling, training and respite care services, primarily for caregivers of frail elderly individuals, but also for grandparent caregivers of children related to them. Successes The state has strong home and community-based services. Challenges The lack of state funding is the most significant barrier at this point. Lawsuits The case Mandy R vs. Owens, was filed in August 2000. The complaint asserts that Colorado has violated federal Medicaid law, the ADA and section 504 of the Rehabilitation Services Act of 1973 by failing to provide ICF/MR services with reasonable promptness to eligible individuals with developmental disabilities. For an update on lawsuits in Colorado and other states, see Status Report: Litigation Concerning Medicaid Services for Persons with Developmental and Other Disabilities by Gary A. Smith at <A HREF=\"http://www.hsri.org/index.asp?id=news\">http://www.hsri.org/index.asp?id=news</A> Next Steps The state of Colorado received an $800,000 Nursing Facility Transitions Grant. The money is being used to build capacity across the state to support the transition of individuals in nursing facilities to a community integrated living arrangement, and to ensure that individuals who wish to make the transition have developmentally appropriate information to make the decision and the supports necessary to sustain long-term residence and participation in the community.