Among the Colorado bills making their way to the governor’s desk is a quiet bill without much hoopla.
HB 25-1017 is the Community Integration Plan for Individuals with Disabilities bill. It requires that all public entities within the state provide services that meet the individual needs of people with disabilities. Any time services are altered in a way that might risk the increased institutionalization of people with disabilities, the public entity must create a plan to mitigate that risk.
To understand this bill, you need some history. For most of the 19th and 20th centuries, people with disabilities were relegated to institutions, often against their wishes and in terrible conditions. Even when the institutional settings (which include nursing homes) were high quality, they segregated people with disabilities from their communities and eliminated their choices.
In 1999, this situation was challenged by the Olmstead vs. LC Supreme Court decision. This landmark case said people with disabilities have the right to live in the “least restrictive environment” and were entitled to state-funded supports outside institutions.
In the ensuing years, states have become more and more innovative in the way these supports are provided. While community supports initially focused on group homes, sheltered workshops and other group settings, more individualized supports have since become increasingly commonplace. More modern designs include competitive employment services in community businesses, paid family caregivers and consumer-directed supports that allow people with disabilities to hire their own direct care professionals rather than relying on an agency to hire and supervise the people providing them care.
In light of these decisions and innovations, HB 25-1017 may seem redundant. But a few current trends have Colorado legislators convinced that the values around community options for people with disabilities need to be codified in Colorado law.
The first reason is Colorado’s own renewed commitment to community supports after a 2022 Department of Justice finding that cited the state of Colorado for its limited community options for people with physical disabilities. Our Colorado Medicaid program, Health First Colorado has worked diligently over the past few years to come into compliance.
In the meantime, several federal court cases have demonstrated a possible erosion of the Olmstead decision, with some advocates predicting a future overturn or weakening of the ruling by the Supreme Court.
We are also seeing threats to Medicaid, which has been the main funding source for community-based services. Without federal guidance or funding, Colorado’s efforts could be at risk.
So, without fanfare and with limited opposition, Colorado has reaffirmed its commitment, at least on paper, to ensuring that children and adults with disabilities can live, love, work and play in their local communities.
In Southwest Colorado, Community Connections serves as the entity connecting people with disabilities to state-funded programs in the community. If you or someone you know wants to explore your options for community support, contact us by email at intake@communityconnectionsco.org; by phone, 335-2071, or visit communityconnectionsco.org.
Tara Kiene is president/CEO of Community Connections.
