C.R.S. § 26-11-100.1 Short title
26-11-100.1. Short title. This article shall be known and may be cited as the "Older Coloradans' Act".
Older Coloradans' Act
C.R.S. tit. 26, art. 11
in effectC.R.S. § 26-11-100.2 Legislative declaration
26-11-100.2. Legislative declaration. (1) The general assembly finds and declares that:
(a) Older Coloradans constitute a fundamental resource of this state. Often, their competence, experience, and wisdom are underutilized, and a means must be found to effectively use their abilities for the benefit of all Coloradans. The number of persons in this state sixty years of age or older is increasing rapidly, and, of these persons, the number of women, people of color, and persons seventy-five years of age or older is expanding at an even greater rate.
(b) A state that is well-adapted for aging is one where all individuals can thrive and are adequately supported: A Colorado for all. Colorado must support a high quality of life for older Coloradans and their families by promoting health and well-being; supporting affordable, high-quality, and sustainable long-term services and supports; fostering workforce development and self-sufficiency; creating livable communities; and integrating aging policy and programs across state government.
(c) To ensure that Colorado is the best state in which to grow old, the following goals must guide aging and aging services in Colorado:
(I) Older Coloradans are able to live and fully participate in their communities of choice for as long as possible;
(II) Older Coloradans are able to stay engaged in the labor force or volunteer sector for as long as they want or need;
(III) Older Coloradans and their families are financially secure and prepared to meet the challenges of aging;
(IV) Coloradans are prepared for the challenges of caring for aged loved ones and are able to do so without endangering their own physical, behavioral, and financial health or well-being or the health and well-being of their loved ones;
(V) Trained workers are skilled, educated, and paid commensurate to their abilities and training to meet the needs of employers and industries serving an increasing population of older Coloradans;
(VI) Older Coloradans can stay healthier longer through access to quality and affordable person-centered and culturally appropriate care that aligns with their preferences and values;
(VII) The state can meet its commitment to support older Coloradans and their families; and
(VIII) Colorado can empower and protect older Coloradans from abuse, neglect, exploitation, and other harmful acts;
(d) Colorado faces a historic demographic shift over the next fifty years that will create opportunities and challenges. This shift will result in an unprecedented number of older workers remaining in the workforce and older Coloradans shifting into retirement. The demographic changes will result in wide-ranging economic and social impacts on the workforce, housing, transportation, long-term services and supports, and health care. The state must act to capitalize on the opportunities and address the challenges.
(e) To ensure that older Coloradans are prepared to address aging-related opportunities and challenges, it is critical that the state empower and educate residents from an early age to prepare for the realities of a long life. The state should encourage residents to engage in retirement planning, health and wellness preservation activities and services, lifelong learning, cross-generational collaboration, and civic engagement.
adans are prepared to address aging-related opportunities and challenges, it is critical that the state empower and educate residents from an early age to prepare for the realities of a long life. The state should encourage residents to engage in retirement planning, health and wellness preservation activities and services, lifelong learning, cross-generational collaboration, and civic engagement.
(f) Aging is a personal experience that varies from person to person. Coloradans will age differently, with some remaining mentally and physically capable until they die and others experiencing mental and physical disabilities earlier in life. As a result, older Coloradans and their families are presented with varying opportunities and challenges across their lives. Some older Coloradans will continue to live independently in their own homes while others will require long-term skilled nursing care. In coordination with state department subject matter experts, area agencies on aging, local governments, and community stakeholders, it is a priority of the general assembly to examine the complexity of these issues and develop policies that support communities and families across Colorado. The aging process is further impacted by historical disparities, including but not limited to structural racism, sexism, and ageism. The social and health problems of older Coloradans are compounded by limited preparation for an increase in life expectancy and lack of access to services, or the unavailability of services, throughout the state. It is of profound importance for all Coloradans that older Coloradans maintain self-sufficiency and personal well-being, have access to necessary services and supports, and realize their maximum potential as creative and productive individuals.
(2) (a) Therefore, the general assembly finds that it is Colorado's policy to:
(I) Empower and protect older Coloradans from abuse, neglect, exploitation, and other harmful acts;
(II) Meaningfully involve older Coloradans in the planning and operation of all programs and services that may affect them;
(III) Encourage agencies at all levels of government, as well as the private sector, to develop alternative services and forms of care that provide a range of services to be delivered in the community and home that support independent living and prevent unnecessary institutionalization;
(IV) Reduce health disparities and support aging across an individual's lifespan;
(V) Prioritize planning services and programs for older Coloradans with the greatest economic or social needs;
(VI) Acknowledge and remove barriers to ensure programs, services, projects, policies, procedures, and resources are inclusive of all older Coloradans, particularly those who are most underserved;
(VII) Recognize that preparing all Coloradans for the different facets of a longer life is part of the state's responsibility; and
(VIII) Facilitate and encourage joint program planning and policy development among state, regional, and local government to promote innovation, efficiency, and maximize resources;
(b) In order to support older Coloradans, the general assembly finds that a citizen-led, multidisciplinary stakeholder commission, comprised of representatives from both the public and private sectors, is needed to coordinate and contribute to guiding state programs, services, projects, policies, procedures, and resources in the area of aging.
C.R.S. § 26-11-101 Commission on the aging - created - definition
26-11-101. Commission on the aging - created - definition. (1) (a) There is created in the state department the Colorado commission on the aging, referred to in this article 11 as the "commission", for the purpose of coordinating and guiding the implementation of the strategic action plan on aging, developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, and other strategies the commission may identify that support older Coloradans. The commission is a type 2 entity, as defined in section 24-1-105. The commission shall consist of nineteen members who must be appointed as follows:
(I) One member from the Colorado senate, appointed by the president of the senate;
(II) One member from the Colorado house of representatives, appointed by the speaker of the house of representatives; and
(III) Seventeen members appointed by the governor, with the consent of the senate, as follows:
(A) One member from each congressional district of the state;
(B) One member who is a representative of higher education or the Colorado community college system;
(C) One member who is a director of an area agency on aging, as described in section 26-11-204;
(D) One member with extensive knowledge of workforce issues impacting older Coloradans;
(E) One member who represents a long-term residential care setting;
(F) One member who represents Coloradans living with dementia;
(G) One member who represents an organization providing home- and community-based services;
(H) One member with extensive knowledge of or experience with transportation infrastructure and services;
(I) One member who represents the housing sector; and
(J) One member of the public policy or elder law community with extensive knowledge of and experience with aging policy or elder rights issues.
(b) In making appointments pursuant to subsection (1)(a)(III) of this section, the governor shall appoint no more than a minimum majority of commission members affiliated with the same political party. In making appointments, the governor shall select:
(I) Members who represent diverse racial, cultural, socioeconomic, gender, and ability groups, and individuals receiving community-based social or medical services that support independent living;
(II) For the congressional district members, at least one member who is sixty years of age or older, or who is a person living with a disability, or who has a family member living with a disability;
(III) At least one member who represents rural or frontier areas of the state;
(IV) At least one representative from a local government; and
(V) At least one representative of the business community in order to consider the potential for initiatives developed in the private, for-profit sector.
(c) Appointments to the commission must comply with the rules promulgated by the United States department of health and human services pursuant to the federal "Older Americans Comprehensive Services Amendments of 1973", Pub.L. 93-29, as amended.
(2) (a) A minimum majority of the commission members shall be appointed for an initial term of two years each, and the remaining commission members shall be appointed for an initial term of three years each. The governor shall indicate whether the appointed person is serving a two-year term or a three-year term. Appointments made after the expiration of the initial term are three-year terms. If a vacancy on the commission occurs, the governor shall appoint a new member from the appropriate representative group to serve the remainder of the member's term. No member may serve more than two full consecutive terms.
(b) The terms of present members appointed pursuant to this section expire on August 31, 2022. The governor shall appoint new members pursuant to subsection (1)(a) of this section, and the appointments are effective September 1, 2022.
(3) As used in this section, "minimum majority" means the lowest number of members that is more than half of all commission members.
C.R.S. § 26-11-102 Organization of commission
26-11-102. Organization of commission. (1) The commission shall elect an executive committee from its membership, including a chair, a vice-chair, and such other officers as it deems necessary. The vice-chair shall act as chair in the absence of or at the direction of the chair. The commission shall meet in person or virtually on call of the chair but not less than once a month. A majority of the members of the commission constitutes a quorum for the transaction of business. The executive committee is responsible for coordinating with the state office on aging established in section 26-11-202, relevant state agencies, and members of the general assembly.
(2) (a) The commission may establish standing subcommittees to support the implementation of the strategic action plan on aging, developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, and work related to the lifelong Colorado initiative established in part 3 of this article 11. The subcommittee topics may include, but are not limited to:
(I) Workforce opportunities for older Coloradans;
(II) The direct-care workforce;
(III) Housing options for older Coloradans;
(IV) Age-friendly, affordable, and livable communities;
(V) Health care;
(VI) Chronic disease prevention and maintenance;
(VII) Behavioral health;
(VIII) Lifelong learning;
(IX) Retirement security;
(X) Legislative and local government affairs;
(XI) Transportation;
(XII) Disparities among older Coloradans;
(XIII) Elder rights; and
(XIV) Innovation and technology.
(b) Each standing subcommittee must be chaired by a member of the commission but may include membership beyond commission members, including members of the general public who volunteer to participate in a specific subcommittee. Noncommission members may be co-chairs or vice-chairs. The membership selection process may be determined in the commission bylaws.
C.R.S. § 26-11-103 Reimbursement for expenses
26-11-103. Reimbursement for expenses. Members of the commission shall be reimbursed for expenses incurred in the performance of their official duties.
C.R.S. § 26-11-104 Director - liaison and staff
26-11-104. Director - liaison and staff. (1) Pursuant to section 13 of article XII of the state constitution, the executive director shall appoint a state department liaison to the commission and administrative staff as necessary to carry out the duties of the position. The state department liaison must be professionally qualified to assume the responsibilities of the position, be the primary contact for the commission, and coordinate commission-related duties with the state department and the commission's executive committee described in section 26-11-102 (1).
(2) Subject to available appropriations, the commission, in coordination with the state department, may contract with a third-party organization to serve as independent staff to the commission in order to coordinate with the state department liaison and the liaison's staff, provide administrative support for the commission's purpose and duties, and carry out other functions the commission assigns.
(3) The commission may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section to support general operations, special projects, research, and staffing needs.
C.R.S. § 26-11-105 Duties of commission - report
26-11-105. Duties of commission - report. (1) The commission, through its executive committee described in section 26-11-102 (1); in coordination with the state department liaison to the commission, appointed pursuant to section 26-11-104; and in coordination with independent staff, contracted pursuant to section 26-11-104, shall carry out the following duties:
(a) Serve as the principal advocacy body in the state on behalf of older Coloradans, including but not limited to participating as an advisor in the development and consideration of legislation and regulations made by state and federal departments and agencies relating to programs and services that affect older Coloradans;
(b) Coordinate and implement the strategic action plan on aging recommendations, developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, and additional recommendations the commission makes;
(c) Conduct and encourage private and nonprofit organizations and state, regional, and local government agencies to conduct research and analysis related to the state's aging population;
(d) Assist governmental and private agencies to coordinate their efforts on behalf of older Coloradans in order that such efforts be effective and that duplication and waste of effort be eliminated;
(e) Promote and aid in the establishment of federal, state, regional, and local policies, programs, and services that support and empower older Coloradans and their caregivers, who are either paid or unpaid. The commission shall assist governmental and private agencies by designing surveys that may be used at the local, regional, or state level to determine needs of older people; by recommending the creation or modification of policies, programs, and services to meet identified needs; by collection and distribution of information on aging; and by assisting public and private organizations in all ways the commission may deem appropriate.
(f) Conduct promotional activities and programs of public education relevant to aging;
(g) Review existing policies and programs across state agencies, and on or before September 1, 2023, and on or before September 1 each year thereafter, draft an annual report of issues and recommendations developed by the commission that support the implementation of strategies in alignment with the strategic action plan on aging developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, the lifelong Colorado initiative created pursuant to section 26-11-302, and other recommendations that the commission makes. The commission shall submit the annual report to the governor, executive directors of impacted agencies, and the general assembly.
(h) Identify and make recommendations to impacted state agencies on acute concerns impacting older Coloradans that arise due to public health emergencies, natural disasters, historical disparities such as racism, or other issues tied directly to current events that require immediate problem solving and advocacy;
(i) Contribute directly to additional and ongoing analysis and implementation of the strategic plan on aging developed pursuant to section 24-32-3406 and aligned with the lifelong Colorado initiative established in part 3 of this article 11; and
(j) Develop legislative and administrative proposals in coordination with state department liaisons and legislative designees and coordinate advocacy efforts with appropriate community stakeholders.
C.R.S. § 26-11-106 Gifts - grants
26-11-106. Gifts - grants. The state department, acting for and on behalf of the state, may receive and accept title to any grant or gift from any source, including the federal government, and all grants, grants-in-aid, and gifts shall be deposited with the state treasurer and shall be continuously available to the state department to carry out the purposes of this article.
C.R.S. § 26-11-201 Definitions
26-11-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Advisory council" means a representative body of laypersons and service providers which represents the interests of the older persons within the boundaries of a planning and service area and which is designated by the area agency on aging pursuant to section 26-11-205.
(2) "Area agency on aging" means an identifiable private nonprofit or public agency designated by the state office on aging which works for the interests of older Coloradans within a planning and service area and which engages in community planning, coordination, and program development and provides a broad array of social and nutritional services.
(3) "Area plan" means a comprehensive and coordinated system of programs in a planning and service area.
(3.5) "Child" means a person who is not more than eighteen years of age.
(4) "Comprehensive and coordinated system of programs" means programs of interrelated social and nutritional services designed to meet the needs of older persons.
(4.5) "Family caregiver" means an adult family member, or another individual, who is an informal provider of in-home and community care to an older individual who is sixty years of age or older.
(4.7) "Grandparent or older individual who is a relative caregiver" means a grandparent or step-grandparent of a child, or a relative of a child by blood or marriage, who is sixty years of age or older and who:
(a) Lives with the child;
(b) Is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and
(c) Has a legal relationship to the child, such as legal custody or guardianship, or is raising the child informally.
(5) "Greatest economic need" means the need resulting from an income level at or below the poverty threshold established by the United States bureau of the census.
(6) "Greatest social need" means the need caused by noneconomic factors, as associated with the federally protected class statuses recognized by section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended; the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended; and Title VII of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000e et seq., as amended, that restrict an individual's ability to perform normal daily tasks or that threaten an individual's capacity to live independently.
(7) "Planning and service area" means a geographical area within the state, designated by the state office on aging, in which the area agency on aging shall carry out the area plan.
(8) "State office" means the state office on aging within the state department.
C.R.S. § 26-11-202 State office on aging
26-11-202. State office on aging. The executive director shall create in the state department a state office on aging, the head of which is the director of the state office, who is appointed by the executive director. The state office and the director of the state office are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the state department.
C.R.S. § 26-11-203 Duties of the state office
26-11-203. Duties of the state office. (1) In addition to such other duties and functions as the executive director may allocate to the state office, the state office shall have the following duties and functions:
(a) To be the leader concerning aging issues on behalf of all older Coloradans while acting in coordination with other state departments and agencies, as appropriate;
(b) To carry out a wide range of functions related to advocacy, planning, coordination, interagency collaboration, information sharing, and monitoring and evaluating to develop and enhance a comprehensive and coordinated state- and community-based system to assist older Coloradans to lead independent, meaningful, and dignified lives in the residential settings of their own choice;
(c) To develop and administer a state plan on aging, which includes input from area agencies on aging developed in accordance with federal guidelines, with additional content to the plan to be determined collaboratively between the state office, the commission, and the technical advisory committee convened in the state office pursuant to subsection (1)(k) of this section. The additional content to the plan reflects the comprehensive impacts and planning associated with Colorado's demographics.
(d) To establish a process that encourages local, regional, and statewide participation in the development stages of the state plan on aging, which shall be coordinated with the area agencies on aging, the commission established pursuant to part 1 of this article 11, and other persons or entities involved in programs for older persons;
(e) To assist public and nonprofit private agencies and the for-profit sector in planning and developing programs to facilitate a statewide network of comprehensive, coordinated services and opportunities for older Coloradans, giving priority to those agencies, programs, services, and activities that support independent living, prepare Coloradans for their later years, and empower older Coloradans to be self-reliant and independent, which includes fostering public-private partnerships when appropriate;
(f) To study those aspects of the problems of aging necessary to accomplish the purpose of state policy through such activities as conducting research, computing statistics, evaluating emerging technologies and innovations, holding hearings, and drafting policy recommendations;
(g) To maintain a clearinghouse of information related to the interests and needs of older Coloradans and act as a referral service for the dissemination of the information;
(h) To assess the need for services to be provided to the older population within the state and determine the extent to which the state's service delivery system serves that population, with particular emphasis on older Coloradans with the greatest economic and social needs, as well as empowering older Coloradans to plan for the needs of increased life expectancy;
(i) To encourage and support the involvement of volunteers and seek ways to utilize the private sector to capitalize on the opportunities to support older Coloradans and their families;
(j) To designate area agencies on aging to assist the state office in carrying out its functions in specified geographic areas within the state;
(k) To convene and coordinate a technical advisory committee comprised of key state department representatives, including but not limited to the department of human services, department of labor and employment, department of higher education, department of health care policy and financing, department of transportation, department of public health and environment, and department of local affairs, to direct the implementation of recommendations and strategies provided in the strategic action plan on aging developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, and recommendations the commission makes as set forth in section 26-11-105; and
d financing, department of transportation, department of public health and environment, and department of local affairs, to direct the implementation of recommendations and strategies provided in the strategic action plan on aging developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, and recommendations the commission makes as set forth in section 26-11-105; and
(l) To coordinate with the technical advisory committee and commission to develop, maintain, and make publicly available on the state department's website a collection of available data sets; metrics specific to the implementation of strategies in alignment with the strategic action plan on aging developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, and the lifelong Colorado initiative created pursuant to section 26-11-302; and other recommendations that the commission makes as set forth in section 26-11-105.
C.R.S. § 26-11-204 Area agency on aging - duties
26-11-204. Area agency on aging - duties. (1) An area agency on aging shall have the following duties:
(a) To develop and administer an area plan, consistent with the state plan, for a comprehensive and coordinated system of programs in the planning and service area;
(b) To assist older persons in obtaining their rights, benefits, and entitlements currently available under the law;
(c) To identify special needs or barriers to maintaining personal independence;
(d) To involve older persons in the area in the development and planning of services delivered within the area;
(e) To assess the needs for services within the planning and service area to determine the effectiveness of existing services available within the area;
(f) To conduct public hearings on the needs and problems of older persons and on the area plan in conjunction with the area's advisory council;
(g) To designate an interagency committee composed of public or private nonprofit agencies within the planning and service area, including, but not limited to, health systems agencies and health transportation agencies, private service providers, and senior citizen organizations in order to improve the coordination of services;
(h) To review and provide comment on program plans of other agencies that affect older persons;
(i) To provide information to the state office on the special needs of older persons within the planning and service area;
(j) To establish communication with the local news media to inform the public of available services and opportunities to contribute to the planning and implementation of said services;
(k) To coordinate and assist local public and nonprofit private agencies in the planning and development of programs to establish a comprehensive and coordinated system of programs and opportunities for older persons;
(l) To act as an advocate for and represent the issues and concerns of older persons; and
(m) To provide services or to contract with local providers to provide services under the family caregiver support program.
C.R.S. § 26-11-205 Area agency on aging advisory council
26-11-205. Area agency on aging advisory council. (1) Each area agency on aging, designated pursuant to section 26-11-203, shall designate an advisory council consisting of a representative body of laypersons and service providers who represent the interests of older persons within the planning and service area. The advisory council shall:
(a) Serve to advise the area agency on aging;
(b) Actively seek advice from community organizations on aging, senior advocacy organizations, and other persons or entities interested in the needs and problems of older persons;
(c) Act as an advocate for and represent the issues and concerns of older persons; and
(d) Take an active role in the development, planning, and implementation of the area plan.
C.R.S. § 26-11-205.5 Older Coloradans program - distribution formula - cash fund
26-11-205.5. Older Coloradans program - distribution formula - cash fund. (1) There is hereby created in the state department the older Coloradans program, referred to in this section as the "program". The program shall provide moneys to area agencies on aging to provide grants to provide community-based services to persons sixty years of age or older to assist such persons to live in their own homes and communities for as long as possible. Such services shall include but are not limited to congregate nutrition, home-delivered meals, transportation services, in-home services, ombudsman services, legal services, elder abuse prevention, outreach, and information and referral services.
(2) After retaining an amount for the state department's indirect costs, as calculated under the federally approved cost allocation plan, money appropriated for the program shall be distributed to area agencies on aging using the same formula that the state office uses to distribute money available under Title III, parts (B), (C), (D), and (F) of the federal "Older Americans Act of 1965", as amended, but such money shall be allocated as a whole and not allocated to individual parts of Title III; except that appropriations from the fund of accumulated interest are not subject to the restriction that requires allocations as a whole. An area agency on aging shall use no more than ten percent of the money received from the program for administrative expenses.
(3) The proposed uses of moneys from the program shall be included in each area agency on aging's area plan developed pursuant to section 26-11-204 (1)(a).
(4) (a) On or before August 1, 2002, and each August 1 thereafter, each area agency on aging shall submit a report to the state office detailing the use of moneys from the program for the previous fiscal year, including an itemization of how many more persons received each service because of such moneys.
(b) Repealed.
(5) (a) There is hereby created the older Coloradans cash fund, referred to in this subsection (5) as the "fund". The fund consists of moneys allocated and credited to the fund from sales and use taxes pursuant to the provisions of section 39-26-123 (3), C.R.S., and any moneys appropriated to the fund by the general assembly. In addition, the state treasurer may credit to the fund any public or private gifts, grants, or donations received by the state department for implementation of the program. The fund is subject to annual appropriation by the general assembly to the state department. Notwithstanding the provisions of section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund is credited to the fund. Any amount remaining in the fund at the end of any fiscal year shall remain in the fund and not be transferred or credited to the general fund or any other fund.
(b) Repealed.
(c) Notwithstanding any provision of this subsection (5) to the contrary, on July 1, 2020, the state treasurer shall deduct thirteen million dollars from the fund and transfer such sum to the general fund.
C.R.S. § 26-11-205.7 Community long-term care study - older Coloradans study cash fund - strategic plan - authority to implement
26-11-205.7. Community long-term care study - older Coloradans study cash fund - strategic plan - authority to implement. (1) (a) Subject to the receipt of sufficient moneys pursuant to paragraph (b) of this subsection (1), the state department or, if appropriate, the department of health care policy and financing shall contract for a study of the population eligible for services under the older Coloradans program created pursuant to section 26-11-205.5. The state department and the department of health care policy and financing shall make necessary data available to the contractor. In selecting a contractor to perform the study, the state departments are not required to follow the competitive bidding requirements of the "Procurement Code", articles 101 to 112 of title 24, C.R.S. The study shall include research and analysis of:
(I) The demographic changes that will impact the demand for long-term care services and supports;
(II) The number of persons sixty years of age or older who would benefit from receiving additional services through the older Coloradans program thereby avoiding more expensive care needs;
(III) The types of services and supports needed by persons over sixty years of age to remain in their own residences and communities for as long as possible and any existing or projected needs for those services and supports;
(IV) The overall amount of savings to the state across the continuum of care associated with providing services to older adults in their own homes and communities;
(V) Other states' experiences with long-term care services and supports, including cost savings or cost avoidance; and
(VI) Recommendations for a long-term strategic implementation plan for providing services through the older Coloradans program.
(b) (I) The state department is authorized to seek and accept gifts, grants, or donations from private and public sources for the purposes of this section; except that the state department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The state department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the older Coloradans study cash fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with implementing this section.
(II) Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(2) If the study conducted pursuant to subsection (1)(a) of this section concludes that increasing funding for community-based services as provided in the older Coloradans program would result in cost savings, by July 1, 2011, subject to the receipt of sufficient money pursuant to subsection (1)(b) of this section, the state department shall report to the members of the health and human services committees of the senate and house of representatives, or any successor committees, and to the members of the joint budget committee a long-term strategic implementation plan, developed in cooperation with the area agencies on aging designated pursuant to section 26-11-203, that identifies the expected needs for services and recommends potential funding sources.
rs of the health and human services committees of the senate and house of representatives, or any successor committees, and to the members of the joint budget committee a long-term strategic implementation plan, developed in cooperation with the area agencies on aging designated pursuant to section 26-11-203, that identifies the expected needs for services and recommends potential funding sources.
(3) If the study conducted pursuant to paragraph (a) of subsection (1) of this section concludes that one or more changes would result in cost savings to the state, without adversely affecting the care provided, and the changes are recommended in the strategic implementation plan developed pursuant to subsection (2) of this section, the state department or the department of health care policy and financing shall request, through the state budget process, that the changes be implemented and, if necessary, shall recommend legislation to implement the changes to the health and human services committees of the senate and house of representatives, or any successor committees, or the joint budget committee.
(4) (a) If the strategic implementation plan developed pursuant to subsection (2) of this section identifies additional studies that should be conducted, subject to the receipt of sufficient moneys pursuant to paragraph (b) of subsection (1) of this section, the state department or the department of health care policy and financing shall contract for one or more studies identified in the strategic implementation plan. The state department and the department of health care policy and financing shall make necessary data available to all the contractors. In selecting a contractor to perform any study conducted pursuant to this subsection (4), the state departments are not required to follow the competitive bidding requirements of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.
(b) If one or more studies conducted pursuant to paragraph (a) of this subsection (4) concludes that implementing the changes recommended by the study would result in cost savings to the state, without adversely affecting the care provided, the state department or the department of health care policy and financing shall request, through the state budget process, that the changes be implemented and, if necessary, shall recommend legislation to implement the changes to the health and human services committees of the senate and house of representatives, or any successor committees, or to the joint budget committee of the general assembly.
C.R.S. § 26-11-206 Federal requirements - compliance
26-11-206. Federal requirements - compliance. Nothing in this part 2 shall be construed to prevent the state department from complying with the requirements of the rules and regulations of the United States department of health and human services promulgated pursuant to the federal "Older Americans Act of 1965", as amended.
C.R.S. § 26-11-207 Family caregiver support program - creation
26-11-207. Family caregiver support program - creation. (1) The general assembly hereby finds, determines, and declares that it would be beneficial to the state to develop a service delivery system to respond to the needs of caregivers who care for frail, elderly persons or to the needs of grandparents and relative caregivers who have taken on the challenge and responsibility of raising children. The general assembly also finds that the federal "Older Americans Act of 2000", Pub.L. 106-501, has authorized a family caregiver support program to be administered by area agencies on aging. The general assembly finds that by implementing the family caregiver support program support can be given to caregivers so that elderly individuals may be able to remain in their homes and support may be provided to grandparents or older individuals who are relative caregivers of children.
(2) There is hereby created in the state department the family caregiver support program, referred to in this section as the "program". The program shall allocate available moneys to area agencies on aging to provide support services to the following caregivers:
(a) Family caregivers of older individuals; and
(b) Grandparents or older individuals who are relative caregivers of children.
(3) Subject to available appropriations, services to caregivers shall be provided by an area agency on aging or by an entity with which the area agency on aging has contracted. The services to caregivers under the program shall include:
(a) Information to caregivers about available services;
(b) Assistance to caregivers in gaining access to the services;
(c) Individual counseling, organization of support groups, and caregiver training to assist the caregivers in making decisions and solving problems relating to their caregiving responsibilities;
(d) Respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities; and
(e) Supplemental services, on a limited basis, to complement the care provided by caregivers.
(4) In the case of a family caregiver of an older individual, respite care, as described in paragraph (d) of subsection (3) of this section, and supplemental services, as described in paragraph (e) of subsection (3) of this section, shall be provided only if the older individual meets the conditions specified in the federal law under the definition of the term "frail" which states that the older individual is functionally impaired because the individual either:
(a) Is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cuing, or supervision; or
(b) Due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual.
(5) The area agency on aging shall give priority for services under the program to older individuals with greatest social and economic need, with particular attention to low-income older individuals, and to older individuals providing care and support to persons with intellectual and developmental disabilities.
(6) Each area agency on aging shall coordinate the activities of the agency or any contractors with whom the agency has contracted with the activities of other community agencies and volunteer organizations providing the types of support services described in subsection (3) of this section.
(7) The state shall not use more than ten percent of the total federal and state share of the moneys available to the state for the program to provide support services to grandparents and older individuals who are relative caregivers of children.
C.R.S. § 26-11-208 Strategic investments in aging grant program - fund created - report - definitions
26-11-208. Strategic investments in aging grant program - fund created - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Eligible organization" means an area agency on aging, as defined in section 26-11-201, and other entities the state department determines appropriate to advance strategies and investments aligned with the strategic action plan on aging, developed pursuant to section 24-32-3406, as the section existed prior to July 1, 2022, and the state plan on aging described pursuant to section 26-11-203 (1).
(b) "Fund" means the strategic investments in aging cash fund created in subsection (5) of this section.
(c) "Grant program" or "program" means the strategic investments in aging grant program created in subsection (2) of this section.
(2) The strategic investments in aging grant program is established in the state office. The state office shall establish and administer the grant program. The purpose of the grant program is to provide state assistance received in the form of grant awards to finance various projects across the state that are intended to assist and support older Coloradans. The grant program is intended to support projects that promote the health, equity, well-being, and security of older Coloradans across the state that are consistent with the recommendations of the strategic action plan on aging, developed pursuant to section 24-32-3406, as that section existed prior to July 1, 2022, and the state plan on aging described pursuant to section 26-11-203 (1), including:
(a) Community services for older Coloradans;
(b) Infrastructure improvements;
(c) Health promotion, congregate meals, and socialization activities;
(d) Transportation services;
(e) Home modification programs;
(f) Implementation of evidence-based fall prevention and chronic disease management programs;
(g) Community assessments, data collection, and research; and
(h) Pilot programs and demonstration projects.
(3) (a) The state office shall:
(I) Adopt policies and procedures for the administration of the program;
(II) Create application procedures by which eligible organizations may apply for and receive grant money from the grant program;
(III) Establish criteria for the selection of applications; and
(IV) Coordinate with the Colorado energy office, created in section 24-38.5-101, on incentives and potential investments that align with the greenhouse goals described in section 25-7-102 to increase energy efficiency and renewable electricity in buildings used by older Coloradans and the use of electric vehicles for transporting older Coloradans.
(b) Beginning in January 2023, and every January thereafter, the state department shall include in its report to the committees of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203 information from the state office regarding the grant program, as set forth in this subsection (3), including information on the type of projects financed by grant awards, the amount of money awarded to each project, and where those projects were conducted and the program's impact on the health, equity, well-being, and security of older Coloradans.
(4) The state office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(5) (a) There is created in the state treasury the strategic investments in aging cash fund. The fund consists of money appropriated to the fund by the general assembly.
(b) For fiscal year 2021-22, the general assembly shall appropriate fifteen million dollars from the general fund to the fund.
d expend gifts, grants, or donations from private or public sources for the purposes of this section.
(5) (a) There is created in the state treasury the strategic investments in aging cash fund. The fund consists of money appropriated to the fund by the general assembly.
(b) For fiscal year 2021-22, the general assembly shall appropriate fifteen million dollars from the general fund to the fund.
(c) Any unexpended and unencumbered money in the fund at the end of the fiscal year remains in the fund and is not transferred to the general fund or any other fund. Notwithstanding the provisions of section 24-36-114, all interest derived from the deposit and investment of money in the fund is credited to the fund.
(d) Money in the fund is continuously appropriated to the state department to fund programs and projects consistent with this section. The state department may expend money from the fund for the purpose of implementing this section, including any direct and indirect costs.
(6) Repealed.
C.R.S. § 26-11-209 State funding for senior services contingency reserve fund - creation - fund - reporting - appropriation - definitions - repeal
26-11-209. State funding for senior services contingency reserve fund - creation - fund - reporting - appropriation - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Eligible services" means services that are authorized by the federal "Older Americans Act of 1965", as amended, and the "Older Coloradans' Act", as specified in this article 11.
(b) "Force majeure" means fire; explosion; action of the elements; strike; interruption of transportation; rationing; shortage of labor, equipment, or materials; court action; illegality; unusually severe weather; act of God; act of war; or any other cause that is beyond the control of an area agency on aging or a provider of eligible services and that could not have been prevented by the exercise of reasonable diligence.
(c) "Fund" means the state funding for senior services contingency reserve fund created in subsection (2) of this section.
(2) The state funding for senior services contingency reserve fund is created in the department of the treasury to assist the state office of aging in addressing unforeseen circumstances experienced by an area agency on aging or a provider of eligible services.
(3) The state department may disburse money from the fund to an area agency on aging or a provider of eligible services to cover the direct costs of continuing to provide eligible services in the event of any of the following unforeseen circumstances:
(a) Financial or operational emergencies caused by force majeure;
(b) A disruption in the delivery of eligible services due to an unexpected change in provider availability or operational capacity;
(c) An unintended delay or interruption in state or federal appropriation allocations; or
(d) An emergency disaster declaration.
(4) To receive a disbursement from the fund, an area agency on aging or a provider of eligible services must apply for a disbursement in the manner and form prescribed by the state department.
(5) The amount disbursed to an area agency on aging or a provider of eligible services pursuant to subsection (3) of this section must cover the costs of providing eligible services for no more than ninety days. If an area agency on aging or a provider of eligible services needs additional funding following the initial disbursement period, the area agency on aging or the provider of eligible services may reapply for additional funds.
(6) (a) The fund consists of money allocated to the fund by the state department and any additional money the general assembly appropriates to the fund. The general assembly shall annually appropriate money in the fund to the department of human services for use in administering the fund. Any money remaining in the fund at the end of a state fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund.
(b) Three days after February 27, 2024, the state treasurer shall transfer two million dollars to the fund from the general fund.
(7) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2025, and on or before each January 1 thereafter, the state department shall submit a report to the office of state planning and budgeting and the joint budget committee of the general assembly specifying which area agency on aging or provider of eligible services received money from the fund and, for each area agency on aging or provider of eligible services that received money from the fund, specify the amount disbursed and the purpose for which the money was disbursed to the area agency on aging or provider of eligible services.
(8) This section is repealed, effective September 1, 2029. Before the repeal, the fund is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 26-11-210 Adequacy review - appropriation for senior services - report
26-11-210. Adequacy review - appropriation for senior services - report. (1) No later than August 2024, and each August every three years thereafter, the state department, the office of state planning and budgeting, and representatives from area agencies on aging shall review the adequacy of the appropriation for state funding for senior services for the prior three fiscal years to address the needs of senior citizens who request services pursuant to this article 11.
(2) Notwithstanding section 24-1-136 (11)(a)(I), no later than November 1 of each year after the adequacy review is conducted pursuant to subsection (1) of this section, the state department shall report the findings of the adequacy review to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, and the joint budget committee.
(3) At the state department's "SMART Act" hearing required by section 2-7-203 following the adequacy review conducted pursuant to subsection (1) of this section, the state department shall include as part of its presentation information concerning the findings of the adequacy review conducted pursuant to subsection (1) of this section.
C.R.S. § 26-11-301 Definitions
26-11-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Executive committee" means the executive committee elected by the commission in accordance with section 26-11-102.
(2) "Lifelong Colorado initiative" means the lifelong Colorado initiative created in section 26-11-302 to lead the development and implementation of state, regional, and local strategies that support aging and assist older Coloradans to lead independent, meaningful, and dignified lives in age-appropriate and affordable housing within their communities.
(3) "State office" means the state office on aging within the department of human services created in section 26-11-202.
(4) "Strategic action plan on aging" means the strategic action plan on aging developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022.
(5) "Technical advisory committee" means the technical advisory committee convened in the state office pursuant to section 26-11-203.
C.R.S. § 26-11-302 Lifelong Colorado initiative - created - reporting
26-11-302. Lifelong Colorado initiative - created - reporting. (1) There is created the lifelong Colorado initiative within the state office. The purpose of the lifelong Colorado initiative is to:
(a) Represent state, regional, and local strategies that support aging and assist older Coloradans to lead independent, meaningful, and dignified lives in their own homes and communities;
(b) Represent the continued goals, priorities, and strategies aligned with the strategic action plan on aging and other strategies developed through ongoing work in the public, private, and nonprofit sectors that support older Coloradans;
(c) Lead the development of age-friendly, livable communities; and
(d) Align the state department's policy development and implementation through a demographic lens that supports aging across an individual's life.
(2) Pursuant to section 26-11-203 (1)(k), the state office shall convene the technical advisory committee no later than September 1, 2022, and meet at least quarterly. The duties of the technical advisory committee include, but are not limited to:
(a) Identifying state department priorities that overlap with the goals and strategies provided in the strategic action plan on aging and recommendations the commission makes as set forth in section 26-11-105;
(b) Coordinating with respective state agencies and stakeholders to initiate policy development and implementation of appropriate strategies;
(c) Developing trackable goals and metrics for strategies and programs and reporting on progress, which must be made publicly available pursuant to section 26-11-203 (1)(l); and
(d) Supporting the state office and commission with reporting requirements and tracking implementation and progress of the goals and strategies provided in the strategic action plan on aging and recommendations the commission makes as set forth in section 26-11-105.
(3) The technical advisory committee, in coordination with respective state agencies and the commission, shall identify appropriate policy staff within the governor's office for ongoing coordination and reporting needs.
(4) The state office, in collaboration with the commission and technical advisory committee, shall coordinate with the state department to include in its report to the committees of reference, pursuant to the "Smart Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203, information from the state office regarding the progress and barriers specific to the implementation of the strategic action plan on aging.
(5) The state office, the technical advisory committee, the executive committee, and the state department liaison appointed pursuant to section 26-11-104 shall meet quarterly to ensure that the perspectives of older Coloradans and the state's perspective remain aligned to coordinate progress in the development of state programs and policy.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.docxFetched: 10/6/2026