§ 8-84-304. Duties of the Employment First Advisory Partnership – Strategic Plan – Report – Repeal

1. 1. After considering the duties set forth in subsection (2) of this section, the employment first advisory partnership shall develop a strategic plan to expand competitive integrated employment outcomes for persons with disabilities through employment first policies and practices. The strategic plan must include recommendations to the general assembly and the relevant policy-making boards concerning any changes to state statutes or rules necessary to implement the strategic plan, along with a fiscal analysis of implementation costs, where practicable.
   2. The employment first advisory partnership shall prepare an initial report of the strategic plan no later than November 1, 2017, and shall revise the strategic plan as the partnership considers additional issues described in subsection (2) of this section.
2. In developing the strategic plan to expand competitive integrated employment outcomes for persons with disabilities through employment first policies and practices, and in formulating the recommendations of the employment first advisory partnership, the employment first advisory partnership shall:
   1. Make recommendations to ensure that, in providing publicly funded services, competitive integrated employment is the primary objective and preferred outcome for all working-age persons with disabilities, regardless of the level of disability;
   2. Identify the barriers to competitive integrated employment for persons with disabilities, including policy, procedural, financial, educational, transportation, service delivery, and other barriers;
   3. Identify unnecessary, inefficient, or conflicting agency rules and regulations that make it more difficult for employers to hire persons with disabilities;
   4. Identify training and knowledge gaps among agency staff, agency vendors, and individuals with disabilities and their families that may create obstacles and perceived obstacles for persons with disabilities, including significant disabilities, to participating in competitive integrated employment;
   5. Identify the data available and the gaps in data collection that prohibit the measurement of Colorado’s progress towards compliance with the United States supreme court’s decision in Olmstead v. L.C.; and
   6. Make recommendations relating to prevocational services to ensure that, in compliance with federal law, the services are time limited and reasonably lead to competitive integrated employment. The employment first advisory partnership’s consideration shall include the average time currently spent in preemployment services by persons through the home- and community-based services intellectual and developmental disabilities waiver combined with the time previously spent in sheltered workshops.
3. The employment first advisory partnership may consider employment first issues and make recommendations on issues that are not described in subsection (2) of this section, which issues may include career development planning and the discovery process. The partnership may also prioritize its work on the issues, including deciding not to pursue an issue, in order to achieve an efficient use of the employment first advisory partnership’s time and resources.
   1. (3.5) (a) On or before April 1, 2022, the employment first advisory partnership shall develop actionable recommendations for addressing structural and fiscal barriers to phasing out subminimum wage employment and successfully implementing competitive integrated employment. The recommendations to address barriers must:
      1. Include payment reform for employment-related services;
      2. Establish adequate reimbursement rates for employment-related services to ensure the availability of high-quality support services;
      3. Address unit caps on employment-related services; and
      4. Address any necessary medicaid waiver and state regulatory barriers.
   2. On or before April 1, 2022, the partnership shall send a report concerning the recommendations required in this subsection (3.5) to the following committees of the general assembly:
      1. The joint budget committee;
      2. The business affairs and labor, the public and behavioral health and human services, and the health and insurance committees of the house of representatives, or any successor committees; and
      3. The business, labor, and technology and the health and human services committees of the senate, or any successor committees.
   3. This subsection (3.5) is repealed, effective July 1, 2022.
4. Repealed.

Source: L. 2016: Entire part added, (SB 16-077), ch. 360, p. 1503, § 2, effective July 1. L. 2018: (4) added, (SB 18-145), ch. 215, p. 1371, § 4, effective August 8. L. 2021: (3.5) added and (4) repealed, (SB 21-039), ch. 380, p. 2547, § 4, effective July 1; (4) repealed, (SB 21-095), ch. 403, p. 2681, § 3, effective September 1.

Editor’s note: Section 9 of chapter 380 (SB 21-039), Session Laws of Colorado 2021, provides that the act changing this section applies to wages paid on or after July 1, 2021.

Cross references: (1) For the legislative declaration in SB 16-077, see section 1 of chapter 360, Session Laws of Colorado 2016. For the legislative declaration in SB 18-145, see section 1 of chapter 215, Session Laws of Colorado 2018. For the legislative declaration in SB 21-095, see section 1 of chapter 403, Session Laws of Colorado 2021.

(2) For the Olmstead v. L.C. case referenced in subsection (2)(e), see 527 U.S. 581 (1999).