| AI Summary |
The purpose of this bill is to strengthen and stabilize Colorado’s direct care workforce through mandatory training, a worker communication platform, employer accountability, and enhanced worker rights awareness.
SECTION 1 – Legislative Findings and Intent:
- Crisis Identified:
- Colorado’s direct care workforce is insufficient to meet the rapidly growing population of older adults (65+), expected to increase 36% by 2030.
- Demographics:
- 80%+ of direct care workers are women; 44% are women of color.
- Problems Noted:
- Low pay, lack of benefits, high turnover, wage theft, and discrimination.
- Board Establishment:
- 2023 creation of the Direct Care Workforce Stabilization Board to propose reforms.
- Federal Context:
- CMS will require state-level Medicaid payment transparency and offers funding support for communication platforms.
SECTION 2 – New Board Duties (C.R.S. 8-7.5-104):
- Board must investigate:
- Health care benefits for direct care workers.
- Cost comparisons with similar industries.
- Family caregiver models.
- Innovations to reduce costs and improve care quality.
SECTION 3 – Mandatory Worker Training and Communication Platform (C.R.S. 8-7.5-108 & 109):
"Know Your Rights" Training:
- By Jan 1, 2026, a comprehensive training program must be available.
- Must cover:
- Base wages, overtime, PTO, family leave, ACA, travel rules, civil rights, complaint filing, and use of the state’s new communication platform.
- Employers must:
- Provide this training during paid hours at no cost.
- Distribute worker-specific rights notices.
- Inform workers of the communication platform, how to use it, and how to opt in/out.
Enforcement:
- Labor department will monitor compliance and investigate violations.
- Fines: $100 per affected worker per violation (with leniency for first violations made in good faith). Penalties double for repeated violations.
SECTION 4 – Direct Care Worker Website & Communication Platform (C.R.S. 25.5-1-208):
Platform Requirements:
- Assist consumers in finding qualified workers.
- Help recruit and retain Medicaid-paid workers.
- Provide communication and job matching.
- Allow workers to opt in/out of communications.
Website Content Must Include:
- Job training (duties, safety, cultural competence).
- Worker rights and labor law updates.
- Calendar of free state-provided trainings.
- Medicaid access info for workers and family members.
- Link to the state’s Direct Care Worker Survey.
Review and Oversight:
- The Department of Health Care Policy and Financing must approve all platform and website content.
OVERALL IMPACT:
- Establishes systemwide reforms to improve working conditions, transparency, and support for direct care workers.
- Enhances consumer access to qualified care.
- Creates a state-monitored digital infrastructure for training, communication, and employment matching.
- Aligns state efforts with federal funding opportunities and reporting standards.
This bill reflects a proactive approach to addressing workforce shortages in home- and community-based care through a blend of worker empowerment, regulatory enforcement, and digital tools.
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| Summary |
The bill implements recommendations made by the direct care
workforce stabilization board (board) by:
•
Requiring the board to investigate health-care benefits for
the direct care workforce;
•
Requiring the department of labor and employment
(department) to collaborate with the board and other
entities to establish a comprehensive know your rights
training for direct care workers;
•
Requiring the department to ensure that the know your
rights training is available to direct care workers, to allow
worker organizations to participate in the training free of
charge, and to report direct care worker training completion
information to the board; and
•
Requiring direct care employers to conduct and document
direct care worker training attendance, distribute a notice
of rights to direct care workers, and inform all employees
about the direct care worker website and communication
platform established by the department of health care
policy and financing.
The bill also requires the director of the division of labor standards
and statistics (director) in the department to provide compliance
assistance to direct care employers and investigate possible violations by
the employers. The director is also required to enforce compliance with
the requirements in the bill.
To implement the board's recommendations, the bill also requires
the department of health care policy and financing to:
•
Establish a website and communication platform for direct
care workers;
•
In coordination with the board, develop a direct care
worker-specific notice of rights for direct care employers;
•
Collaborate with direct care employers to inform direct
care workers about the website and communication
platform;
•
Allow specified entities access to the contact information
of each direct care worker enrolled in the communication
platform; and
•
Convene and administer an interested party advisory group
pursuant to federal requirements.
The bill also establishes the direct care worker minimum wage at
$17 per hour beginning July 1, 2025, and encourages the state to set the
minimum wage for direct care workers at $25 per hour by January 1,
2028.
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