(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.
Source: L. 2002: Entire section added, p. 803, � 3, effective May 30. L. 2018: (5) amended, (SB 18-096), ch. 44, p. 475, � 18, effective August 8.
Cross references: (1) For the Older Americans Act of 1965, see 42 U.S.C. sec. 3001.
(2) For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
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.
(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.
Source: L. 2021: Entire section added, (SB 21-290), ch. 426, p. 2823, � 2, effective July 6. L. 2022: (1), IP(2), (2)(e), (3), (5)(a), (5)(c), and (5)(d) amended, (2)(g) and (2)(h) added, and (6) repealed, (SB 22-185), ch. 487, p. 3531, � 1, effective June 8.
Cross references: For the legislative declaration in SB 21-290, see section 1 of chapter 426, Session Laws of Colorado 2021.
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.
(c) (I) Notwithstanding any provision of this subsection (6) to the contrary, on July 1, 2025, the state treasurer shall transfer six hundred eighty thousand dollars from the fund to the general fund.
(II) This subsection (6)(c) is repealed, effective July 1, 2026.
(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.
Source: L. 2024: Entire section added, (HB 24-1211), ch. 7, p. 17, � 1, effective February 27. L. 2025: (6)(c) added, (SB 25-264), ch. 129, p. 508, � 40, effective April 25.