S.B. 94-28 Medically indigent - provision of health care. Combines out-state indigent care and specialty indigent care under the state medically indigent program into a single category for the purposes of identifying in the annual appropriations act the contract amounts for providing such care. Continues the state medically indigent program scheduled to be repealed.
APPROVED by Governor
April 14, 1994
EFFECTIVE April 14, 1994
S.B. 94-41 Public assistance - food stamps - fraudulently obtained benefits - remedies - disqualification from benefit programs. Disqualifies any person from participating in specified public assistance programs if the person fraudulently obtains or aids another to obtain public assistance or vendor payments or medical assistance, if a civil judgment is obtained against the person based on allegations that the person fraudulently obtained or aided another to obtain public assistance or vendor payments or medical assistance, or if the person commits an intentional public assistance program violation. Provides that a person is disqualified for 6 months for a first offense or incident, for one year for a second offense or incident, and permanently for a third or subsequent offense or incident.
Authorizes the use of a writ of continuing garnishment to collect a debt for fraudulently obtained public assistance or overpayments of public assistance. Provides that a continuing garnishment for collection of fraudulently obtained public assistance or overpayments has priority over any continuing garnishment other than a garnishment for collection of child support. Allows the garnishment of a maximum of 35% of the disposable earnings of an individual to collect fraudulently obtained public assistance or overpayments, as compared to the garnishment of a maximum of 25% of disposable earnings to collect other debts.
Disqualifies any person from participating in the food stamp program if the person fraudulently obtains or aids another to obtain food stamp coupons, authorization to purchase cards, or an electronic benefits transfer card or similar device or if a civil judgment is obtained against the person based on allegations that the person fraudulently obtained or aided another to obtain food stamp coupons, authorization to purchase cards, or an electronic benefits transfer card or similar device. Provides that a person is disqualified for 6 months for a first offense or incident, for one year for a second offense or incident, and permanently for a third or subsequent offense or incident.
Directs the division of employment and training in the department of labor and employment to withhold amounts from the unemployment compensation of an individual to repay any uncollected overissuance of food stamp coupons that the individual owes and directs that amounts collected be paid to the appropriate state food stamp agency. Allows the withholding of amounts from unemployment compensation to pay for food stamp coupon overissuances only if arrangements have been made for the state food stamp agency to reimburse the division of employment and training for administrative costs.
Prohibits any person from cashing or accepting a public assistance payment check, draft, or order for the payment of money unless the bearer provides specified identification. Authorizes the appropriate state agency to determine not to make payment on a check, draft, or order for the payment of money that was cashed or accepted without proper identification if there is an allegation of fraud regarding the check, draft, or order.
Applies to any offense committed on or after July 1, 1994.
APPROVED by Governor
June 3, 1994
EFFECTIVE July 1, 1994
S.B. 94-52 County departments of social services - eligibility for federal pass through funds. Eliminates restrictions on the types of activities conducted by county departments of social services that are eligible for reimbursement from federal pass through funds.
APPROVED by Governor
April 14, 1994
EFFECTIVE April 14, 1994
S.B. 94-91 Medical assistance - medical assistance eligibility for certain managed care enrollees - recipient liability for certain services - vendor payments - long-term care personal needs accounts - post-eligibility treatment of income limited deduction - home health aide pilot program authorized - home and community-based services for persons with developmental disabilities - dual eligibility prohibited - care in intermediate care facilities for the mentally retarded - home and community-based services for persons living with AIDS - reimbursement for care rendered by family members - medical assistance cost-containment measures - competitive bidding and selective contracting requirements - appropriations. Makes various amendments to the "Colorado Medical Assistance Act". Establishes a guarantee which provides that any recipient who becomes ineligible to receive benefits under the "Colorado Medical Assistance Act" and who has been enrolled in a managed care program for less than 6 months shall continue to be eligible for enrollment in such program for the minimum enrollment period, which period begins the first day a recipient is initially enrolled in the managed care program and ends 6 months after that date. Repeals restrictions pertaining to vendor contracts in counties with populations of 20,000 or less.
States that medicaid recipients are liable for the cost of nonreimbursable items set forth in rules. Specifies that the statutory provision concerning the nonliability of medicaid recipients for reimbursable medical services applies regardless of whether medicaid has actually reimbursed a provider and regardless of whether the provider of service is enrolled in the Colorado medical assistance program. Describes "reasonable cost" for the purposes of reimbursement for nursing home vendors. Relates the reimbursement to a maximum allowable amount.
Changes reference from "maximum" to "minimum" in describing the amount of money that may be maintained by a medicaid recipient receiving long-term care as a personal needs amount. Imposes various requirements for maintaining the personal needs funds of nursing facility residents, including: Requirements concerning the type of account in which funds that exceed a specified amount may be maintained; how interest on a resident's account is to be credited; a requirement concerning pooled accounts; requirements concerning the accounting system used by a nursing facility, including a prohibition against using an accounting system under which residents' personal needs funds are commingled with nursing facility funds or funds of any person other than another resident; a requirement concerning the assurance of the security of personal needs funds maintained by a nursing facility; and a requirement the funds be transferred to the resident's estate following the resident's death.
Requires the department of health care policy and financing to conduct a pilot program to study the cost-efficiency, benefits, and the impact on the quality of care in using home health aides for providing skilled nursing services to medical assistance recipients at locations other than nursing facilities, hospitals, or intermediate care facilities for the mentally retarded. Establishes an advisory committee for the pilot program. Repeals the program, effective July 1, 2000. Eliminates reference to the old age pension standard in describing an allowance that may be deducted from a home and community-based recipient's income that is required to be contributed by the recipient for care. Changes references in statutes governing home and community-based services for persons with developmental disabilities from "developmentally disabled" to "persons with developmental disabilities" and from "nursing homes" to "intermediate care facilities for the mentally retarded".
Amends reporting requirements with respect to home and community-based services for persons living with the acquired immune deficiency syndrome (AIDS). Authorizes the medical assistance program to reimburse family members other than a spouse who provide reimbursable services to persons living with AIDS.
Specifies that persons eligible for home and community-based services for the developmentally disabled are not eligible for home and community-based services for the elderly, blind, and disabled.
Authorizes the department of health care policy and financing to enter into competitive bidding or selective contracting arrangements with respect to specified services. Establishes specific requirements to be met by the department before entering into such contracts.
Appropriates $181,575 to the department of health care policy and financing for medical assistance administration and decreases the appropriation in the general appropriation act to the department of health care policy and financing for medical assistance, medical programs by the same amount, for the implementation of the provisions of this act except the provisions related to medical assistance eligibility for certain managed care enrollees.
Appropriates $125,500 to the department of health care policy and financing for the implementation of the provisions of this act related to medical assistance eligibility for certain managed care enrollees. Decreases the appropriation in the general appropriation act to the department of health care policy and financing, medical services division by $377,981.
APPROVED by Governor
June 1, 1994
EFFECTIVE July 1, 1994
S.B. 94-101 Child care centers - licensing and fees - advisory committee. Specifies that the provisions of the "Child Care Act" continue to be applicable after a child care facility has beenapproved, certified, or licensed. Limits the issuance of provisional licenses granted to a family care home or a child care center to one 6-month period. Authorizes an applicant for an original license to appeal licensure standards. Designates an appeal procedure. Eliminates provisions pertaining to original licensing and renewal fees. Authorizes the department to establish license fees for full licenses with a periodic fee for the continuation of such licenses. Directs the department to include in its minimum standards for licensing a requirement that licensees provide verification that each child has received specific immunizations.
Alters the composition of the standards appeal panel. Increases the number of members who serve on the advisory committee on licensing of child care facilities.
APPROVED by Governor
May 4, 1994
EFFECTIVE January 1, 1995
S.B. 94-110 Medical assistance - payments to vendors - quality of care incentive program - advisory committee created - sunset. Creates a quality of care incentive payment program for the purpose of encouraging improvement in the quality of care provided by nursing facility vendors. Specifies that the sum of all payments made under the quality of care incentive program shall not exceed the aggregate sum of payments made to vendors to compensate them for a reasonable share of the amount by which their reasonable costs exceed actual costs in specified categories. Effective January 1, 1995, decreases the maximum amount of such reasonable share payments from 25% to 12.5%. Beginning January 1, 1995, requires the department of human services to begin issuing incentive payments to nursing facility vendors that meet eligibility criteria established by rules and regulations. Specifies factors to be considered in establishing such criteria. Requires the department to promulgate rules and regulations establishing the dollar amounts of incentive payments. Provides that such payments may be graduated in amount in order to provide higher payments to those nursing facility vendors which provide a comparatively higher degree of quality care. For the period beginning January 1, 1995, and ending June 30, 1995, requires the department to evaluate all nursing facility vendors in accordance with established criteria and issue quality incentive payments to a minimum of 45% of such vendors. Beginning July 1, 1995, and on July 1 of each fiscal year thereafter, requires annual evaluation and issuance of quality incentive payments. Establishes an appeal procedure for any nursing facility vendor that is denied an incentive payment.
Creates an advisory committee of 9 persons to make recommendations on the appropriate method of measuring the quality of care delivered by nursing facility vendors for the purpose of making quality incentive payments. Sets forth criteria for appointment to the committee. Provides for the automatic termination of such committee on July 1, 2000, pursuant to the provisions of the sunset law.
APPROVED by Governor
May 25, 1994
EFFECTIVE July 1, 1994
S.B. 94-133 Department of health care policy and financing - creation of medical services board - rule-making by executive director and the board. Establishes the rule-making authority of the executive director of the department of health care policy and financing. Creates the medical services board in the department of health care policy and financing. Establishes the rule-making authority of the board in connection with specific programs administered by the department. Makes conforming amendments.
APPROVED by Governor
May 31, 1994
EFFECTIVE July 1, 1994
S.B. 94-141 Child support - establishment and enforcement - hospital-based paternity - consumer reporting agencies - administrative lien and attachment - workers' compensation benefits - unemployment insurance benefits. Authorizes the written acknowledgment of paternity by unmarried parents of children born in institutions to be on witnessed acknowledgment forms prescribed and furnished by the state registrar in lieu of notarized affidavits. Requires the person in charge of an institution, or that person's designee, to provide an opportunity for an unmarried woman and the natural father of a child born in that institution to provide information concerning the paternity of the child on witnessed forms prescribed and furnished by the state registrar rather than by affidavits.
Authorizes the state child support enforcement agency to provide information to consumer reporting agencies regarding child support obligations in cases in which child support debt or child support arrearages are owed.
Permits the state child support enforcement agency to issue a notice of administrative lien and attachment to any person, insurance company, or agency providing workers' compensation insurance benefits for the purpose of attaching the benefits of an obligor who is responsible for the support of a child on whose behalf the custodian of the child is receiving state support enforcement services. Identifies what the notice of administrative lien and attachment shall include. Prioritizes such administrative lien and attachment in relation to other liens, wage assignments, or garnishments. Requires the state child support enforcement agency to file a verified entry of judgment with the court, if one has not been filed, in order to attach and collect workers' compensation income. Requires that an employee be notified at the time such employee files a claim for workers' compensation benefits that the benefits may be attached for payment of a child support obligation.
Adds unemployment insurance benefits to the term "earnings" for purposes of garnishment resulting from a judgment taken for arrearages in child support or for child support debt. Eliminates the requirement that the state child support enforcement agency send a notice to the employer for purposes of activating a wage assignment or for immediate deductions for support in circumstances in which the obligor's source of income is unemployment compensation benefits and the custodian of the child is receiving state support enforcement services. In such cases, requires the child support enforcement agency to electronically intercept the unemployment compensation benefits through an automated interface with the department of labor and employment.
APPROVED by Governor
June 3, 1994
EFFECTIVE June 3, 1994
S.B. 94-147 Medical assistance - home and community-based services - persons with brain injury - appropriation. Authorizes the department of health care policy and financing to request a waiver from the federal government for a home and community-based services program for persons with brain injury. Makes implementation of the program contingent upon the receipt of the federal waiver. Requires that the program be implemented in accordance with federal waiver requirements. Describes persons eligible for services under the program and the services available under the program. Sets forth the duties of the department. Includes the program in the long-term care single entry point system.
Repeals the home and community-based program for persons with brain injury, effective July 1 of the year in which the federal waiver for the program expires or July 1, 1999, whichever occurs first.
Decreases the appropriation in the general appropriation act to the department of health care policy and financing, for medical assistance programs by $173,514. Appropriates $133,156 and 1 FTE to the department of health care policy and financing, for medical assistance administration for the implementation of the act.
APPROVED by Governor
June 3, 1994
EFFECTIVE July 1, 1994
S.B. 94-164 Federal mandates - child support - medical assistance - use of trusts authorized - limitations - appropriations. Makes miscellaneous amendments to state statutes affected by the federal "Omnibus Budget Reconciliation Act of 1993".
Prohibits insurers from denying coverage to dependent children for whom a parent is obligated to provide medical support even if the child was born out of wedlock, the child is not claimed as a dependent on the federal or state tax return of the parent enrolled under the insurance plan, or the child does not live in the insurer's service area. Imposes responsibilities on the parent's employer in connection with the prohibition.
Requires insurers to cooperate with, provide relevant information to, and respond to claims submitted by a dependent child's custodial parent. Imposes other restrictions upon insurers, including a prohibition against canceling or revoking an employee's insurance plan except under specified circumstances.
Requires insurers that offer coverage for dependent children to cover adopted children or children placed for adoption under the same terms. Prohibits insurers from denying coverage to an adopted child or child placed for adoption due to a preexisting condition.
Includes as earnings for garnishment purposes state tax refunds and third-party payments made to a parent who is responsible for his or her child's medical support or who owes a medical support debt to cover a medicaid-eligible child's health care costs, if the parent fails to apply the payment to such costs.
Prohibits insurers from reducing the coverage for pediatric vaccinations from the level of coverage on May 1, 1993.
Prohibits insurers from denying health insurance coverage to a person on the basis that the person is a medical assistance recipient. States that a third party, including an insurer, who is liable for the medical costs of a medical assistance recipient is liable to the state. Specifies that the state is an assignee of a medical assistance recipient.
Authorizes the recovery of medical assistance from the estate of a recipient who was at least 55, rather than 65, years of age when the assistance was received. Allows the creation of disability and pooled trusts for persons seeking public or medical assistance. Imposes limitations on the amounts and types of assets used to fund such trusts and on distributions from the trust. Makes the limitations applicable to income trusts created on and after the effective date of the act. Prohibits the court from approving trusts that do not meet the statutory criteria for the trusts and renders such trusts void for the purpose of establishing eligibility for public or medical assistance. Deletes language that conditioned the implementation of the estate recovery statute upon the state's receipt of federal funds for persons who qualify for medical assistance as a result of the creation of a court-approved trust.
Appropriates $16,590 and 0.6 FTE to the department of human services for the implementation of the act. Appropriates to the department of health care policy and financing $158,506 and 0.9 FTE for medical services, administration costs and $842,718 for medical program and services costs, associated with the implementation of the act. Appropriates $2,964 from the division of insurance cash fund to the department of regulatory agencies for the implementation of the act.
APPROVED by Governor
May 31, 1994
EFFECTIVE July 1, 1994
H.B. 94-1029 Health and human services delivery systems - restructuring. Makes the conforming amendments necessary to complete the departmental changes established in H.B. 93-1317.
Requires the departments of human services and health care policy and financing to provide evidence to the general assembly that they will save $5,000,000 over the next 2 years as a result of restructuring. Requires the departments to submit reports to the general assembly on the progress made toward the savings goal and other areas of restructuring.
Authorizes the state personnel board to adopt rules and regulations establishing a voluntary separation incentive program for all state employees who are subject to separation based on the governor's determination that a department has excess employees due to lack of work, lack of funds, or reorganization. Limits the authority of the department of public health and environment and the state board of health to adopt rules governing the programs or services provided at skilled nursing facilities, intermediate care facilities, or personal care boarding homes which receive no public funding. Authorizes the state board of human services to adopt standards for the administration of county departments of social services.
Authorizes the executive director of the department of human services to distribute any funds remaining which were appropriated to the department to cover the state's additional share of social services costs as a result of the county cap provision established in HB 93-1317 to any county whose assessed valuation declined between calendar year 1992 and 1993 if the county provides evidence of a shortfall in 1994. Defines "shortfall".
APPROVED by Governor
June 3, 1994
EFFECTIVE July 1, 1994
H.B. 94-1082 Public assistance - aid to families with dependent children - persons eligible to participate - "dependent child" - workers' compensation - "employee". Redefines those relatives with whom a child may reside for purposes of defining "dependent child" under the "Colorado Public Assistance Act".
Alters the definition of "employee" under the "Workers' Compensation Act of Colorado" by specifying that a person who is placed with a private employer as part of a county or city and county social services rehabilitation program is an employee of the private employer rather than an employee of the county or city and county that arranged the placement. Also alters the definition of "employee" by specifying those entities that may be responsible for providing workers' compensation benefits to any person who receives a work experience assignment under the "Colorado Welfare Reform and Self-sufficiency Act".
APPROVED by Governor
March 29, 1994
EFFECTIVE March 29, 1994
H.B. 94-1108 Domestic abuse programs - funding - voluntary income tax contribution - repeal. Increases the amount of state reimbursement payable to any local government or nongovernmental agency operating a domestic abuse program from 100% of non-state revenues to double such amount. Eliminates the requirement that the domestic abuse program be repealed in January, 1995.
Extends the voluntary income tax contribution procedure for the Colorado domestic abuse program fund and the repeal date applicable to domestic abuse program voluntary contributions from January 1, 1995, to January 1, 2000.
APPROVED by Governor
April 28, 1994
EFFECTIVE April 28, 1994
H.B. 94-1142 Public assistance - job opportunity and basic skills (JOBS) program - participation requirements for parent or caretaker relative of elementary school child. Makes a participant in the job opportunity and basic skills (JOBS) program who is the parent or caretaker relative of an elementary school child and who receives aid to families with dependent children (AFDC) accountable for the child's educational performance. Requires the case manager for a JOBS participant to assess whether the educational performance of the participant's elementary school-age child indicates a barrier to the self-sufficiency of the participant's family. If so, directs that the participant's employability plan include provisions under which the participant agrees to participate in actions designed to improve the child's academic performance.
Requires the JOBS participant, the JOBS case manager, the elementary school, and the county department of social services to provide and share specific information and documentation concerning a child's academic performance. Directs the case manager, the JOBS participant, and appropriate school personnel to determine the support services available to a participant that will improve a child's educational performance. Requires that each party's responsibilities be set forth in the employability plan.
APPROVED by Governor
April 19, 1994
EFFECTIVE July 1, 1994
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