Digest of Bills - 1995

HUMAN SERVICES - SOCIAL SERVICES

S.B. 95-65 Home and community-based services - eligible persons - terminology for HIV infection or AIDS. Changes the terminology used to designate persons who are eligible for services under the "Home and Community-based Services for Persons with Health Complexes Related to Acquired Immune Deficiency Syndrome Act" from persons with AIDS or ARC to persons with HIV/AIDS. Defines "HIV/AIDS" to mean a symptomatic HIV infection or AIDS.

APPROVED by Governor April 21, 1995
EFFECTIVE April 21, 1995

S.B. 95-101 Teen pregnancy and dropout prevention program - report - repeal.

Authorizes the department of health care policy and financing to implement a statewide pilot program for teen pregnancy and dropout prevention to serve teenagers who are medicaid recipients. Directs that the program be designed to reduce the incidences of teen pregnancy and school dropouts by providing support services to at-risk teenagers and to teen parents, including intensive individual or group counseling, vocational, health, and educational guidance, and public health services such as home visits or visiting nurse services. Allows the department to develop incentives for teen parents who receive public assistance to become self-sufficient and delay further parenting choices.

        Finances the teen pregnancy and dropout prevention program with federal funds, local contributions, and grants or donations from private entities. Specifies that no general fund moneys shall be used to finance the program. Directs the department of health care policy and financing to submit a report to the general assembly demonstrating the effectiveness of the pilot program. Repeals the statutes authorizing the program, effective July 1, 2000.

APPROVED by Governor May 22, 1995
EFFECTIVE May 22, 1995

S.B. 95-205 County turnbacks of public assistance programs pursuant to section 20 (9) of article X of Colorado constitution - procedures - program administration - incentives for counties to not turn back programs - appropriation. Establishes procedures for counties that, pursuant to section 20 (9) of article X of the Colorado constitution, reduce or terminate their subsidies to public assistance programs and provides for the administration of public assistance programs once such subsidies have been reduced or terminated. Applies to public assistance programs for which county expenditures are required (social services programs, veterans services, services to older Americans, and home care allowance and adult foster care services).

        Specifies the manner in which reductions or terminations of subsidies for programs occur. Provides that a county's notice of its intent to reduce or terminate its subsidy: 1) To a public assistance program other than social services constitutes notice of its intent to terminate all duties and responsibilities with respect to that program; and 2) to any social services program constitutes notice of its intent to terminate all duties and responsibilities for all social services programs.

        Specifies that a county's subsidy reduction or termination for a current program (one enacted prior to January 1, 1993) occurs during a 3-year period and that the amount by which the subsidy is reduced is a specified percentage of the costs that the county would otherwise be responsible for in each year. Permits counties to rescind their notice or their subsidy reduction or termination under certain circumstances. Limits and eventually eliminates the authority of turnback counties to enter into contracts, incur liabilities, or obligate equipment authorized by the state department or financed with state moneys with respect to public assistance programs for which county subsidies are reduced or terminated. Requires counties that have reduced or terminated their subsidies to current programs to prioritize their remaining appropriations in a specific order during the 3-year phase-out period.

        Provides that turnback counties are ineligible to receive certain financial incentives and cost recoveries relating to public assistance programs and discretionary state grants related to human services such as child support incentive payments, fraud recoveries, and child support and maintenance recoveries; except that turnback counties continue to receive such incentives and cost recoveries during the 3-year phase-out period unless the state assumes duties and responsibilities related to such moneys.

        Prohibits a county's social services mill levy from generating more revenue than needed for a county's adjusted amount of social services subsidy during the 3-year phase-out period, if applicable, and once its social services subsidy reduction is fully effective. Prohibits a turnback county from imposing any social services mill levy after its social services subsidy termination is fully effective.

        Provides that the department of human services will take over the administration of public assistance programs that counties have turned back. Allows the department to contract with one or more counties (other than the turnback county) or private entities to ensure the most cost-efficient and effective provision of services and programs in a turnback county. Prohibits the department of human services from delegating any duties and responsibilities to counties that have turned back public assistance programs other than counties that gave notice prior to April 15, 1995. Directs that contracts with the department of human services specify that the entity contracting with the state is not required to provide any moneys to fund such duties and responsibilities in addition to state moneys appropriated for this purpose.

        Authorizes the department of human services to obtain legal services and to purchase, lease, or lease-purchase real and personal property for the purposes of administering programs in turnback counties. Provides for certain employees of county departments to become employees of the department of human services in the discretion of the department.

        As incentives to encourage counties to continue their subsidies for public assistance programs:

        1) Changes the ratio between the state and county shares of the costs of providing assistance payments, food stamps, and social services activities from the current 80/20% share to a 90/10% share over a 3-year period commencing on October 1, 1995. Specifies that the county share provision does not apply to a county that turns back social services programs once the turnback becomes fully effective.

        2) Extends to July 1, 2000, the "1317 cap" that contains limitations on county appropriation increases for a county's share of costs of providing assistance payments, food stamps, and social services activities. Imposes a cap so that county appropriations for these purposes do not exceed the county share of costs. Provides that the 1317 cap statute does not apply to a county that turns back social services programs once the turnback becomes fully effective.

        3) Increases the amount of the advance for a county shortfall out of the county contingency fund from 50% to 75%. Commences the increase in the county contingency amount on October 1, 1995. Provides that the county contingency statute does not apply to a county that turns back social services programs once the turnback becomes fully effective.

        4) Requires the department of human services to study and report to the joint budget committee on the feasibility and merits of financing social services programs through block grants to county departments.

        As additional incentives to encourage counties not to "turn back" public assistance programs, enacts the following measures designed to increase the efficiency of services provided by the counties:

        1)  Allows a county to transfer employees of the county department of social services out of the state merit system into the county's own merit system if such merit system complies with the federal requirements regarding the personnel system for such social services employees. Authorizes the state board of human services to promulgate rules governing minimum qualifications, limits on state reimbursement of salaries, and a salary survey for employees covered by a county merit system.

        2)  Directs the department of human services to develop a system of centralized purchasing, to consolidate and restructure its procedures for conducting audits of county departments, to consolidate, streamline, or eliminate unnecessary monitoring functions conducted by the state or county departments,

and to work with county departments and county financial officers to create more efficient accounting and financial systems;

        3)  Authorizes the funding of a design phase for a computer benefits management system;

        4)  Directs the department of human services to provide increased training and technical assistance to county departments of social services relating to child welfare services;

        5)  Requires that a county redetermine eligibility for persons receiving assistance payments, social services programs, and medicaid any time it is aware of a change in circumstances; except that the regularly scheduled redetermination of eligibility shall be conducted no more frequently than the maximum time frame allowed in federal regulation;

        6) Creates a pilot program for counties to demonstrate ways to improve administration and delivery of services and programs. Directs that the joint budget committee oversee such pilot program.

        7) Establishes a grant program for self-sufficiency enhancements to the JOBS program.

        Requires the department of human services to annually report on the effectiveness of and progress in implementing the incentives and efficiency measures and the impact on county decisions regarding the turnback of social services programs.

        Modifies the membership of local planning committees and the procedures regarding the development and adoption of local human services delivery plans when counties have reduced or terminated their program subsidies.

        Makes the following appropriations to the department of human services for the implementation of the act:

        1) $6,649,458 for the state's share of the costs of providing assistance payments, food stamps, and social services activities and the increase in the payments made to counties;

        2) $2,577,758 for the design phase of the Colorado benefits management system;

        3) $148,284 and 3.0 FTE for the implementation of the county block grant study;

        4) $50,000 for the state and county fiscal systems study;

        5) $115,526 and 0.3 FTE for the pilot project to improve service delivery;

        6) $1,362,500 for the grant program for self-sufficiency enhancements to the JOBS program.

VETOED by Governor June 5, 1995

H.B. 95-1081 Medicaid - medical care of state inmates and infants born to females in the custody of the executive director of department of corrections - waivers. Requires the department of health care policy and financing to seek waivers from the federal government to allow medicaid coverage for infants born to females in the custody of the executive director of the department of corrections. Permits the department of health care policy and financing to seek waivers from the federal government to allow medicaid coverage for inmates confined in a state correctional facility. Directs that an inmate's estate shall not be counted as income for purposes of determining medicaid eligibility of an inmate or a female inmate's infant. States that any moneys recovered pursuant to an order to reimburse the department of corrections for costs that are attributable to medical care shall be used to reimburse the state for the state's

financial participation for medicaid.

APPROVED by Governor April 27, 1995
EFFECTIVE April 27, 1995

H.B. 95-1093 Child support enforcement - suspension of drivers' licenses - rules - repeal. Authorizes the suspension of an obligor's driver's license for failure to pay child support. Requires, at least on an annual basis, the state child support enforcement agency to issue a written notice of noncompliance to any obligor who is not in compliance with a child support order. Allows an obligor 30 days after the date of the notice to request administrative review by the delegate child support enforcement unit. Allows an obligor another 30 days after the delegate child support enforcement unit's decision to request an administrative review by the state child support enforcement agency. Limits the scope of the administrative review to a mistake in the obligor's identity, a disagreement with the amount of the debt, or a showing that all payments were made when due.

        Requires the state child support enforcement agency to issue a written notice of failure to comply to the department of revenue after an obligor's rights of review have been exhausted. Requires the department of revenue to send such obligor a notice that the obligor's license will be suspended unless the department receives within 30 days a notice of compliance from the delegate child support enforcement unit showing that the obligor is in compliance with the child support obligation. Allows the department of revenue to issue a probationary license for up to 90 days to an obligor whose license has been suspended for failure to pay child support.

        Authorizes the department of revenue and requires the state board of human services to promulgate rules and regulations.

        Provides for the repeal of the provisions concerning suspension of drivers' licenses for failure to pay child support, effective July 1, 1998.

        Estimates that $335,845 will have to be appropriated to the department of human services and $22,213 to the department of revenue for the implementation of the act during the fiscal year beginning July 1, 1996.

APPROVED by Governor May 22, 1995
EFFECTIVE July 1, 1995

H.B. 95-1144 Electronic benefits transfer service - appropriation. Authorizes the state department of human services to implement an electronic benefits transfer service to deliver food stamp benefits through the use of point of sale terminals at retail outlets and to deliver public assistance benefits through automated teller machines or similar electronic technology. Authorizes the department to contract with a private entity to develop and operate the service. Directs that the system use security measures such as individual personal identification numbers, photo identification, or fingerprint identification to ensure the integrity of the system. Requires the state department to establish by rule a policy and procedure to limit losses to a client after the client reports that the electronic benefits transfer card or benefits have been lost or stolen.

        Amends the statute on state and county financing to allow for the county share of the program costs and administrative costs to either be billed to the county or deducted from advances made to the county. Provides that the cost of administering the service shall not exceed the proportional cost per client that would have been paid by counties to issue benefits through the nonelectronic system for the same fiscal year. Directs that any savings that result from the use of the electronic benefits transfer service shall be shared among the state and local governments in proportion to such entities' contribution to the service.

        Appropriates $238,838 and 4.0 FTE to the department of human services for the implementation of the act.

APPROVED by Governor May 22, 1995
EFFECTIVE May 22, 1995

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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