Thursday, August 27, 2015

Digest of Bills - 2014 HUMAN SERVICES - SOCIAL SERVICES


Digest of Bills - 2014

HUMAN SERVICES - SOCIAL SERVICES

S.B. 14-3 Child care - child care assistance program - cliff effect pilot program - appropriation. The act makes several changes to the statute that created a pilot program to address the cliff effect that occurs when working parents in the Colorado child care assistance program (CCCAP) receive a minor increase in their income that makes them ineligible for child care assistance and the increase in wages is not enough to cover the costs for child care without the child care assistance. The cliff effect pilot program was designed to allow families to remain in the CCCAP program notwithstanding the increase in income. The changes to the statute governing the pilot program include:
  • Extending the duration of the cliff effect pilot program;
  • Allowing counties to limit participation in the pilot program to a reasonable percentage of their CCCAP caseload instead of having to cover all of their CCCAP caseload;
  • Allowing counties to limit participation in the pilot program to families who enter CCCAP with children who are 36 months of age or younger;
  • Allowing counties to have more flexibility in designing a pilot program that best addresses their specific community needs;
  • Clarifying the data collection and reporting responsibilities of the county departments of human services and the department of human services (department) about the pilot program.
A county department selected to participate in the pilot program may apply for a grant through a grant program funded through the newly created Colorado child care assistance cliff effect pilot program fund (fund). Grant moneys may be used at the county's discretion for administrative costs and the costs of providing continued benefits to families participating in the pilot program. The state department may adopt rules as necessary concerning the application process for the grant program.
The cliff effect program is repealed, effective July 1, 2020.
The department is directed to report annually about CCCAP and the results of the pilot program to the public health care and human services committee of the house of representatives and to the health and human services committee of the senate, or any successor committees. The act lists the items that should be included in the annual report.
For the 2014-15 fiscal year, the act appropriates:
  • $1,200,000 to the fund for the implementation of the fund;
  • $1,200,000 from the fund to the department of human services; and
  • $69,453 and 1.0 FTE to the department of human services for implementation of the cliff effect pilot program.
APPROVED by Governor May 22, 2014
EFFECTIVE May 22, 2014

S.B. 14-12 Aid to the needy disabled - increase in assistance payment - pilot program - rules - appropriations.The act requires the department of human services (department), by rule, to increase the assistance payment under the program for aid to the needy disabled to an amount equal to the amount of the payment for the 2013-14 state fiscal year increased by 10%. For state fiscal years 2015-16 through 2018-19, subject to available appropriations, the department is encouraged to restore the assistance payment to the state fiscal year 2006-07 level and to adjust the assistance payment for increases in the cost of living.
The act permits the department to promulgate rules describing the conditions under which a county department may waive the requirement that a person apply for federal supplemental security income benefits prior to receiving aid to the needy disabled assistance payments.
The act creates the federal supplemental security income application assistance pilot program (pilot program) in the department to assist persons applying for the program for aid to the needy disabled in completing federal applications for supplemental security income benefits and social security disability insurance benefits. The department shall award a competitive contract to a nonprofit organization to implement the pilot program. The pilot program repeals in 2 years.
The act amends the state supplemental security income stabilization fund to require that an amount not exceeding 20% of the total appropriation for the applicable fiscal year in the annual general appropriations act for the program for aid to the needy disabled remain in the stabilization fund at the end of the fiscal year.
The act makes the following appropriations to implement the act:
  • Decreases the appropriation in the 2014 long bill to the controlled maintenance trust fund by $1,240,067;
  • $1,495,144 to the department, for the program for aid to the needy disabled and the pilot program and reappropriated funds for modifications to the Colorado benefits management system;
  • $4,697 to the department of health care policy and financing for modifications to the Colorado benefits management system; and
  • $13,764 to the office of state planning and budgeting for information technology out of reappropriated funds from the department.
APPROVED by Governor May 22, 2014
EFFECTIVE August 6, 2014
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 14-1015 Transitional job program - appropriation. Current law directs the department of human services (department) to administer a transitional jobs program (program) through December 30, 2014. The act extends the program through June 30, 2017, but prohibits offering new transitional jobs after December 31, 2016.
The act authorizes $800,000 of the appropriation for the program in 2013-14 to be carried forward to 2014-15 and appropriates an additional $395,270 to the department for the 2014-15 fiscal year.
APPROVED by Governor May 15, 2014
EFFECTIVE August 6, 2014
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 14-1317 Child care - Colorado child care assistance program - rules - appropriation. The act makes several modifications to the Colorado child care assistance program (program), including:
  • The state department of human services (state department) shall establish provider rates for each county every other year;
  • The state-established provider reimbursement rates must include a system of tiered reimbursement for providers that enroll children in the program;
  • After notice to the state department, a county may opt out of the state-established provider reimbursement rates and negotiate its own rates with providers, so long as the county-established provider reimbursement rates include a system of tiered reimbursement for providers that enroll children in the program;
  • Subject to available appropriations, the state department shall conduct a study to examine private payment tuition rates and how those rates compare to the program rates set by the state and the counties and whether those rates achieve the federal requirement of equal access. The study must also examine reasons why licensed providers choose to limit or deny access to program-subsidized families.
  • Subject to available appropriations, counties are directed to provide child care assistance to a person or family whose income is not more than 165% of the federal poverty level;
  • The board shall adopt new rules for determining the amount of copayment a participant in the program must pay. The rules must include a provision that for a family living at 100% of the federal poverty level, the copayment must be restricted to 1% of the family's gross annual income.
  • The rules concerning participant copayment must also establish a tiered copayment schedule that increases the copayment gradually as the participant's income approaches self-sufficiency income levels. The participant's income should reflect an average of income over time to account for variations in wages, work schedules, or seasonal employment.
  • A county shall set the exit-income-eligibility threshold at a level higher than the entry-income-eligibility level, at an income level needed for a family of the size receiving the child care assistance to achieve a self-sufficiency standard of living in that county, at a level not to exceed 85% of the state median income for a family of the same size, and in a manner so that a family does not lose child care assistance due to a modest increase in the parents' income above their entry-income-eligibility level;
  • In current rule, a participant in the program who loses employment can remain in the program for only 30 days while actively searching for employment. The act increases that time to at least 60 days, assuming all other eligibility criteria are met.
  • The act creates a new eligibility activity by allowing a parent who is not employed but who is either enrolled in a postsecondary or workforce training program to participate in the program for up to 2 years that he or she is enrolled in the postsecondary or workforce training program;
  • A county may give priority for services to a working family over a family enrolled in postsecondary education or workforce training;
  • The act makes it a statutory requirement that the hours for the provision of child care services through the program must not be directly linked to a participant's employment, education, or workforce training schedule, and the number of hours authorized for child care should be based on the number of hours the parent is participating in an eligible activity and the child's needs for care;
  • The act requires a county to allow for presumptive eligibility of a participant for at least 30 days while awaiting verification of an application to the program;
  • To the extent practicable, and with certain exceptions, the duration of a child care authorization notice for a child enrolled in the program must be the same as the child care eligibility period for the child's family;
  • Income received during the past thirty days must be used in determining eligibility unless, on a case-by-case basis, the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a family may provide evidence of up to 12 of the most recent months of income if it more accurately reflects the family's current income level;
  • Counties are given the authority to develop a voucher system for relative or unlicensed child care for families enrolled in the program;
  • Counties are given permission to use their program allocations to provide direct contracts or grants to early care and education providers for a county-determined number of program slots for a 12-month period to increase the supply and improve the quality and continuity of child care for infants and toddlers, children with disabilities, after-hours care, and children in underserved neighborhoods;
  • Counties are required to provide participants and child care providers with at least 45 days' notice prior to the effective date of any change in income-eligibility levels;
  • Counties are required to post eligibility, authorization, and administration policies and procedures so they are easily accessible to a layperson;
  • Administrative changes in the act include allowing a county to use eligibility determination information from other public assistance programs and systems to determine program eligibility, allowing a child care provider to accept a participant's program application and submit it to the county on behalf of the family seeking enrollment in the program, and requiring each county to maintain a current and accurate program waiting list;
  • Counties shall reimburse providers, separate from regular reimbursement rates according to the following schedule: for providers in the first level of the state department's quality-rating and improvement system (system) for no fewer than 6 absences or holidays per year; for providers in the second level of the system for no fewer than 10 absences or holidays per year; and for providers in the top 3 levels of the system for no fewer than 15 absences or holidays per year; and
  • The state department is directed to prepare an annual report on the program.
The act appropriates $9,922,744 to the state department to implement the act and $44,529 to the department of health care policy and financing for charges to the Colorado benefits management system.
APPROVED by Governor May 22, 2014
EFFECTIVE May 22, 2014

H.B. 14-1358 Medicaid - home- and community-based services - in-home support services - continuation of program. The act continues in-home support services until September 1, 2019, and requires a review of the program by the department of regulatory agencies prior to repeal.
The act permits persons who are participating in the spinal cord injury waiver program to receive in-home support services.
APPROVED by Governor May 22, 2014
EFFECTIVE August 6, 2014
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.


Session Laws of ColoradoDigest of BillsGeneral Assembly

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