Department of Health Care Policy & Financing Response to Department of Justice Lawsuit

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September 29, 2023

Media Contact
Marc Williams
Department of Health Care Policy & Financing

The Department of Health Care Policy and Financing is disappointed in the Department of Justice’s decision to file suit against the State of Colorado. Despite the DOJ’s claims, for decades Colorado has maintained a deep commitment to continue building a system that ensures people with disabilities have the option to live and receive their care in the community. In fact, Colorado serves more than 81% of Health First Colorado (Colorado’s Medicaid program) members with disabilities in the community.

We are proud of the Home and Community Based Services (HCBS) system we have built in collaboration with our stakeholder community: a system that is consistently recognized nationally. Just yesterday, AARP named Colorado best in the nation for 2023 for innovation in Long Term Services and Supports (LTSS) and fifth in the nation overall for LTSS services. Colorado will not waver in its efforts to make community living accessible and available to all individuals with disabilities. 

Giving individuals the opportunity to choose to live in the most integrated setting is at the heart of this commitment. Over the past decade, Colorado has made extraordinary progress in strengthening and enhancing the services that are available to people with disabilities to enable them to thrive in their communities. In addition to 81% of our Medicaid members with disabilities living and being served in the community, the state’s extensive support and focus in this area has resulted in the transition of 794 individuals between 2020 and 2022 back to the community and out of nursing homes or similar settings. 

Since the DOJ’s findings letter was received in March 2022, Colorado has accelerated many of its efforts and dedicated over $100M in additional funds to further strengthen and expand the state’s HCBS options. In particular, the new initiatives are targeted to ensure that those either at risk of institutionalization or who are currently residing in an institution are provided with the supports needed to live independently in the community. 


About the Colorado Department of Health Care Policy & Financing: The Department administers Health First Colorado (Colorado's Medicaid program), Child Health Plan Plus, and other programs for Coloradans who qualify. These health care programs now cover about one in four Coloradans. For more information about the Department, please visit