§ 25.5-1-1101 — Legislative declaration

(1) The general assembly finds and
declares that:

(a) The United States supreme court decision in Olmstead v. L.C. , 527 U.S. 581
(1999), referred to in this part 11 as Olmstead , enshrined in law the duty upon
states to actively work toward helping individuals with disabilities transition out of
institutions and into the community and to have community-based services
available to decrease the risk of institutionalization;

(b) Olmstead placed on states the obligation to administer services,
programs, and activities in the most integrated setting appropriate to the needs of
qualified individuals with disabilities;

(c) Segregating individuals with disabilities in institutions denies those
individuals the freedom to make decisions, keeps them apart from family and
friends, and denies them opportunities that exist in their communities. Segregation
also denies communities the contributions that individuals with disabilities make to
their communities.

(d) Community-based services are cheaper in the long run than
institutionalization services.

(2) The general assembly further declares that codifying in state law the
rights that were legally recognized as federal law through Olmstead is crucial
because:

(a) The fundamental rights for individuals with disabilities to live in the least
restrictive setting and to have access to services in the community is consistent
with Colorado's recognition of the humanity and dignity of all individuals;

(b) The Olmstead decision required states to develop an Olmstead plan.
Colorado's plan, called the Colorado community living plan, was developed more
than ten years ago as a collaboration between the state departments of health care
policy and financing, human services, and local affairs. The plan's effectiveness has
never been evaluated or updated, and the plan is insufficient; and

(c) Federal law under Olmstead currently provides a private right of action to
enforce the law. Therefore, the general assembly does not see a need to create a
new right of action. However, if the Olmstead protections are weakened, we urge a
future general assembly to strengthen these rights by creating a private right of
action to further enforce this law for individuals with disabilities.

Legislative History

Source: L. 2025: Entire part added, (HB 25-1017), ch. 231, p. 1092, � 2, effective August 6.