S.B. 96-53 Public assistance - medical assistance - death reimbursement for funeral, burial, and cremation expenses for recipients - appropriations. Increases the maximum combined charge to the decedent's estate and family and to the county and state for funeral, burial, or cremation expenses of a medical assistance or public assistance recipient from $1500 to $2500. Clarifies that the maximum amount of a death reimbursement paid by the county or state department is $1500, and mandates that no reimbursement shall be made if the maximum combined charges from providers exceed $2500. Allows providers of services to seek and accept contributions from nonresponsible family members and other sources but only to the extent that moneys are available from such parties. Directs that such contributions shall be counted as an offset to the maximum combined charges.
Requires a legally responsible person to participate financially towards the charges for final disposition through a contribution to the maximum death reimbursement if his or her resources are above the federal SSI resource limits. Mandates that the financial participation from a legally responsible person shall not include the survivor's home or other excluded resources as provided for in rules. Provides that only the decedent's spouse or, if the decedent is an unemancipated minor, the decedent's parent can be a legally responsible person. Provides that any financial participation by a legally responsible person in excess of the legally required amount shall be deducted from the amount of the maximum death reimbursement. States that social security lump-sum death benefits payable to a legally responsible person shall not be an automatic deduction from the maximum death reimbursement.
For purposes of calculating the contributions to the charges for final disposition, defines resources or income as assets accessible and available to the legally responsible person and disbursement of insurance proceeds to a legally responsible person or nonresponsible person named as a beneficiary in the decedent's insurance policy. Sets forth the following as personal resources of the decedent that must be applied towards the charges:
States that the portion of the purchase price of a final resting place owned by the decedent in excess of $2000 shall be counted as a personal resource. Directs that a final resting place previously acquired by someone other than the decedent and donated upon the decedent's death shall not be counted as a personal resource.
Sets forth the requirements for distribution of payments to providers of services. Specifies that the county department shall be reimbursed by the state for 80% of the share of the death reimbursement for recipients of aid to the needy disabled and aid to families with dependent children and 100% of the share of the death reimbursement for old age pension recipients. Makes the payment of death reimbursements subject to available appropriations. Mandates that the state reduce the amount of the death reimbursement level if the appropriated amount is insufficient to meet the demand. States that if such a reduction is made, the county department shall have no additional responsibility beyond the reimbursement level.
Decreases the cash funds appropriation in the long bill to the department of human services, self-sufficiency, assistance payments, for the old age pension fund, by $30,882. Increases the appropriations to the department of human services, self-sufficiency, assistance payments for aid to families with dependent children by $6,637, of which $5,309 is from the general fund and $1,328 is cash funds exempt. Decreases the appropriation made to the department of human services, self-sufficiency, assistance payments, for burials, by $9,581, of which $7,665 shall be from the general fund and $1,917 shall be from cash funds exempt.
APPROVED by Governor May 31, 1996
EFFECTIVE See Note
NOTE: This act was passed without a safety clause. Section 3 of the act establishes an effective date of January 1,
1997. It will take effect on that date unless a referendum petition is filed pursuant to section 1 (3) of the state
constitution. In that event, the act will take effect on the date of the official proclamation of the governor or January 1,
1997, whichever is later, if it is approved by the voters at the 1996 election.
S.B. 96-135 County veteran services offices - state assistance - amount of payments made by the division of veterans affairs. Changes the amount of the payments that the division of veterans affairs in the department of human services may provide to support the veterans service office in any county from a maximum of $50 per month for any county that has a veterans service officer to the following:
If adjacent counties jointly establish a veterans service office, allows the division of veterans affairs to provide the county that contains such veterans service office with a payment equal to the total of the payments that would have been made to each of the counties forming the office.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
S.B. 96-164 State aid to the needy disabled - substance abuse eligibility criteria - appropriation. Denies eligibility for state aid to the needy disabled (AND) to persons whose primary diagnosis is an addiction to a controlled substance or alcoholism unless the person is participating in a treatment program and can demonstrate that he or she is free of the use of alcohol or any nonprescribed controlled substance on a form verified by the treatment program. Denies eligibility for such aid to any person who has received the aid based upon a diagnosis of alcoholism or a controlled substance addiction for any cumulative 12-month period in the person's lifetime.
Requires that AND payments for persons who are disabled as a result of a primary diagnosis of alcoholism or a controlled substance addiction shall be paid either to the person's treatment program on his or her behalf or to the person directly upon a showing of documentation from the treatment program that the person is free of the use of alcohol or controlled substances.
Increases the appropriation in the long bill to the department of human services, office of information technology services, by $4,800. Decreases the appropriation in the long bill to the department of human services, self-sufficiency, by $21,541 in general fund dollars and $5,385 in cash funds exempt. Increases the appropriation in the long bill to the department of human services, health and rehabilitative services, for alcohol and drug abuse division by $6,912.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
S.B. 96-178 Medical assistance - persons with disabilities - consumer-directed attendant support pilot program - residential child health care program - medically correctable pilot program - appropriation. Authorizes the department of health care policy and financing, in cooperation with the department of human services, to implement a statewide pilot program that would allow persons with disabilities to self-direct their attendant support. Limits the number of participants in the pilot program to 150. Permits the departments to seek any necessary federal waivers.
Identifies that the purposes of the pilot program are to increase consumer direction and flexibility in the delivery of attendant support and to save money for the state. Identifies the qualifying criteria for participation in the program.
Directs the departments of health care policy and financing and human services to develop accountability requirements and to adopt rules necessary to implement the pilot program. Permits such rules to include a provision allowing a person with a cognitive disability to designate a family member or friend to be responsible for self-directing support on behalf of the disabled person. Further directs the departments to work with consumers of attendant support to develop technical assistance for participants.
Requires the
departments to conduct an independent evaluation of the pilot program
at the end of the third year
and to report annually to the general assembly on the program.
Authorizes the departments to accept grants or
donations for the implementation of the act.
Repeals the pilot program, effective July 1, 2000.
Includes the department of human services, with the department of health care policy and financing, in the residential child health care program. Expands the residential child health care program to include the provision of services to developmentally disabled children who are neglected or dependent, who meet the out-of-home placement criteria set forth in the "Colorado Children's Code," and who are placed through county departments of social services in licensed or certified out-of-home placement facilities in addition to residential child care facilities.
Repeals the statutory provisions related to the community-supported living arrangement services program for the developmentally disabled.
Directs the department of human services to implement a 3-year, statewide medically correctable pilot program. Identifies the eligibility criteria for persons to whom the program shall apply, including a requirement that such person have a disability that can be corrected with medical treatment costing less than $10,000. Lists the features of the program. Specifies that such amount shall not be treated as a workers' compensation benefit. Requires annual reports to the joint budget committee and the health, environment, welfare, and institutions committees of the general assembly.
Repeals the pilot program, effective July 1, 2000.
Appropriates $105,302 to the department of health care policy and financing, medical services division, for the implementation of the act. Identifies that $44,495 of said sum shall be from the general fund and $60,807 from matching federal funds. Also appropriates $3,100,416 to the department of health care policy and financing, medical services division, for the implementation of this act. Identifies that $1,477,521 of said sum shall be from the general fund and $1,622,895 from matching federal funds. Adjusts the appropriations made in the annual general appropriation act to the department of human services for the implementation of the act.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
S.B. 96-194 Teen parents - participants in the JOBS program. Requires JOBS program participants who are parents under 20 years of age to participate in educational activities directed at the attainment of a high school diploma or its equivalent.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1006 Child care licensing - risk-based approach to monitoring - definitions - fees - rules - license duration - actions against license. Identifies the intent of the general assembly that the department of human services use a risk-based approach in monitoring child care facilities. Requires the department to inspect licensed facilities that have been found to be the subject of complaints or out of compliance with statutory standards and rules or that otherwise appear to be placing children at risk. Requires the state auditor's office to conduct a performance audit of the department's risk-based approach by December 1, 1998.
Expands the definition of "child care center" to add facilities providing care to children 18 years of age or younger. Excludes from the definition of "child care center" preschools that are maintained in connection with a public, private, or parochial school system of at least 6 grades. Clarifies that school-age child care centers and before and after school programs are child care centers. Distinguishes, by definition, between foster care homes and family child care homes. Specifies that foster care homes may include homes licensed by the department of human services that receive neither moneys from the counties nor children placed by the counties. Differentiates between certification and licensing. Defines "place of residence".
Authorizes the state board of human services to establish fees for the filing of appeals and the duplication of licensing records for the public. Clarifies the factors the department of human services must weigh in establishing fees by eliminating the consideration of facility size and the facility's ability to pay and adding consideration of the facility's licensed capacity. Directs the licensing division to implement a systematic approach to child care licensing fees by tracking direct and indirect costs associated with child care inspection licensing, reassessing such costs and fees annually, and reporting the results to the state board of human services.
Clarifies that original licenses issued by the department of human services are permanent unless suspended or revoked and that a 6-month provisional license may only be issued for the original 6-month period.
Requires a comprehensive rule and regulation review in conjunction with the performance audit and periodic review of rules and procedures relating to child care centers, family child care homes, and foster care homes at least every 5th, instead of every 3rd, fiscal year thereafter. Requires the state board of human services to define the contents of the criminal background check for child care facility applicants. Authorizes the state board of human services to establish security rules for residential child care facilities. Authorizes the state board of human services to establish by rule the number of additional children that a person providing less than 24-hour care may care for and still remain exempt from the licensing requirements. Directs the department of human services to conduct a study concerning the number of children a family home may receive and remain exempt from licensure and to present recommendations to the state board of human services by October 1, 1996. Requires the department of human services to examine the relation between licensing regulations governing larger family care homes and child care centers and to present options to the board by October 1, 1996. Requires the state board of human services to adopt rules requiring child care facilities to post their licenses and to make inspection reports available.
Requires the department of human services to prescribe specific standards for adoption agencies. Identifies specific areas that the board's rules concerning adoption agencies may address, including credentials, qualifications, education, and the types of adoptions for which the agency may be licensed.
Eliminates all references to employer-sponsored on-site child care centers. Requires each residential child care facility and secure residential treatment center to conform to the sanitary standards prescribed by the department of public health and environment before such facility or center may be licensed.
Identifies the crimes for commission of which the department of human services may deny or revoke a license and the crimes for commission of which the department shall deny or revoke a license, including crimes committed in another state for which the department has a certified court order. Adds conviction of certain crimes related to controlled substances and marihuana as cause for the department of human services to take legal action against a facility's license. Authorizes the department of human services to take legal action against a facility's license when the licensee fails to comply with minimum safety and sanitation standards. Allows a county to impose and enforce higher standards and requirements for facilities than those established by the state.
With regard to license suspension and revocation matters, establishes that the decision of the executive director of the department of human services, based on the recommendation of the administrative law judge, is final agency action, rather than the decision of the administrative law judge.
APPROVED by Governor April 8, 1996
EFFECTIVE July 1, 1996
H.B. 96-1098 Child care training program - repeal. Establishes the neighbor-to-neighbor child care training and education pilot program, the "neighbors program", in the department of human services, with the goal of training welfare recipients to be child care workers. Requires the department to issue a request for proposals on or before January 1, 1997, to train and educate welfare recipients to become child care workers. Requires interested public or private community-based agencies to respond to the request for proposals no later than April 1, 1997.
Allows the state department to award grants of up to $25,000 for a one-year term to no more than 10 local public or private community-based agencies selected to participate as pilot site agencies no later than September 1, 1997. The pilot site agencies shall begin the training and education programs no later than 30 days after the date of the grant award or October 1, 1997, whichever is later.
Requires pilot site agencies to report monthly to the department and to submit a final report no later than November 1, 1998, on the effectiveness of the program. Requires the department to evaluate the neighbors program in a final report to the general assembly no later than January 1, 1999.
Authorizes the state department to accept public or private donations for the implementation of the neighbors program. States the need for cash fund appropriations for future fiscal years.
Repeals the provisions relating to the neighbors program, effective July 1, 1999.
APPROVED by Governor May 30, 1996
EFFECTIVE May 30, 1996H.B. 96-1122 Public assistance -
electronic benefits transfer service - limits on business participation - limits on client access. Limits participation in the
electronic benefits transfer service through point of sale terminals to those businesses that provide products or services
that are related to the purpose of public assistance benefits. Prohibits the access of a client to public assistance benefits
at automated teller machines located in gambling casinos, in-state simulcast facilities, race tracks, commercial bingo
facilities, establishments in which the principal business is the sale of firearms, or retail establishments licensed to sell
alcoholic beverages.
Authorizes the state board of human services to promulgate rules concerning the electronic benefits transfer service.
Authorizes the state department of human services to request federal waivers as necessary to administer the electronic benefits transfer service.
APPROVED by Governor April 2, 1996
EFFECTIVE April 2, 1996
H.B. 96-1180 Utilization of child placement agencies - pilot program created. Requires the department of human services to select 5 or more counties, or groups of counties, by July 1, 1996, to implement pilot programs to evaluate the responsiveness of child placement agencies to the needs of children. Establishes the required features of a pilot program and requires that a pilot program provide for an external evaluation of its effectiveness in assessing the utilization of child placement agencies.
Establishes reporting requirements for participating counties and the state.
Repeals the authority for pilot programs, effective July 1, 1998.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1233 Public assistance - requirement of recipients to apply for SSI benefits - elimination of transfers of a residence with a retained life estate - old age pension program - study - appropriation. Aligns the state resource criteria for old age pension eligibility with the federal criteria used in the medicaid and supplemental security income (SSI) programs.
Implements a transfer without fair consideration policy in connection with the computation of eligibility for the old age pension program and for public assistance by eliminating the possibility of transferring a residence but retaining a life estate. Shortens from 5 years to 36 months the period used for determining whether an assignment or transfer of property without fair consideration by an applicant for public assistance was made for the purpose of rendering the person eligible for public assistance.
Mandates the department of human services to require old age pension applicants or recipients who may be eligible for SSI benefits to apply for SSI benefits and to comply with any recommendation for referrals made by the county department except for good cause shown. Authorizes the department to develop a statewide program to assist such applicants in obtaining those benefits.
Creates a work incentive program for persons receiving old age pensions that allows them to retain earnings in the same amounts used for retained income under the federal supplemental security income (SSI) program without losing their old age pensions and without affecting their eligibility for medical assistance. Requires the department to submit to the general assembly a report of the effectiveness of the old age pension work incentive program. Repeals the program, effective July 1, 2000.
Authorizes the department to contract with an objective organization or entity to conduct a study of the old age pension program to make recommendations on changes in the age of eligibility, the benefit package, and other changes to meet the current and future needs of elderly citizens. Directs that such study be presented to the joint budget committee and the health, evvironment, welfare, and institutions committees on or before February 1, 1997.
Increases the cash funds appropriation in the long bill to the department of human services, office of information technology services, for the client-oriented information network, by $46,800, and reduces the cash funds appropriation to the department of human services, self-sufficiency, assistance payments, old age pension fund, by $76,298.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1253 State aid to the needy disabled - resource eligibility criteria - appropriation. Requires recipients of state aid to the needy disabled and aid to the blind programs to comply with recommendations for referrals as a condition of continued eligibility.
Establishes that federal supplemental security income resource eligibility criteria must be applied to the programs.
Increases the general fund appropriation in the long bill to the department of human services, office of information technology services, for the client-oriented information network, by $3,200. Decreases the general fund appropriation in the long bill to the department of human services, self-sufficiency, assistance payments, by $3,618 and the cash fund exempt appropriation by $905.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
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