Human Services Social Services - Digest of Bills

Digest of Bills - 1998

HUMAN SERVICES - SOCIAL SERVICES

S.B. 98-70 Colorado works - job training and placement services - community colleges. Requires the state department of human services and the state board for community colleges and occupational education to develop a tuition voucher system pursuant to which participants in the Colorado works program may attend courses at an institution in the state's system of community and technical colleges by using a tuition voucher. Directs the state department of human services and the state board for community colleges and occupational education to enter into a cooperative arrangement to make available appropriate educational and academic training programs for such Colorado works program participants. Requires the state department of human services, the state department of labor and employment, and the state board for community colleges and occupational education to analyze job market information to establish a compilation of the types of jobs most appropriate for works participants.

Allows county departments of social services to provide such vouchers to Colorado works program participants as a form of assistance under the Colorado works program.

APPROVED by Governor April 17, 1998
EFFECTIVE April 17, 1998

S.B. 98-165 Child welfare - system reform goals - pilot programs - appropriation. Identifies goals for the reform of the child welfare system. Authorizes the state department of human services to expend any additional federal or private funding to support training efforts directed at such system reform goals. Authorizes the establishment of 3 additional pilot sites in child welfare during state fiscal year 1998-99. Requires the state department of human services to start to negotiate, no later than June 30, 1999, with any county that is interested in entering into a performance agreement for the delivery of child welfare services in state fiscal year 1999-2000 and thereafter. Authorizes the state department of human services to contract for an external evaluation of the performance agreements executed on or before January 1, 1999. Requires the state department of human services to develop recommendations for the statewide implementation of system reforms in the child welfare system and to submit such recommendations to the general assembly and the chief justice of the Colorado supreme court no later than December 1, 2000.

Appropriates $250,000 to the department of social services for allocation to the children, youth, and families division for the implementation of this act.

APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998

S.B. 98-173 Medicaid - nursing facility rates - excluding Medicare Part B direct costs. Clarifies that only Medicare part B direct costs are excluded from the allowable medicaid reimbursement for class I and class V nursing facilities.

APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998

S.B. 98-185 Works maintenance of effort - works allocation committee - mitigation for small counties - appropriation. For state fiscal year 1997-98 and each state fiscal year thereafter, provides that a county's targeted spending level, defined as the amount that each county shall appropriate to defray its maintenance of effort requirement for the works program, shall be 100% of county spending on AFDC, JOBS, and the administrative costs related to those programs for state fiscal year 1995-96.

For state fiscal year 1997-98, requires counties collectively to spend an amount that shall be based upon a collective county maintenance of effort of 80% of what all counties spent on AFDC, JOBS, and the administrative costs related to those programs for state fiscal year 1993-94. Provides that an individual county's actual spending level for that state fiscal year shall be determined by the state department of human services based upon the county's expenditures on such programs in state fiscal year 1995-96.

Creates the works allocation committee and identifies its membership.

For state fiscal year 1998-99, and each state fiscal year thereafter, provides that the counties collectively shall be required to meet levels of spending on the Colorado works program that are set forth in the annual appropriation act. Provides that an individual county's actual spending level shall be identified by the works allocation committee no later than June 15 of each state fiscal year for the immediately succeeding state fiscal year. If the welfare allocations committee does not reach an agreement on the individual county's level of spending by June 15 of the relevant fiscal year, the joint budget committee shall identify the county's level of spending.

Requires that a county maintain in its county social services fund any county funds appropriated to meet the county's targeted spending level but not actually expended.

Allows small counties to seek further reductions in their level of spending based upon the recommendations of the works allocation committee and subject to the identification of an annual amount for such further reductions set forth in the annual appropriation act. Identifies the criteria the works allocation committee shall use to determine any such reductions.

Requires the state auditor's office to oversee the implementation of an evaluation of the works program over the next 5 years. Requires the state auditor's office to issue a request for proposals no later than August 1, 1998. Identifies the goals of such an evaluation. States that the state auditor's office shall present to the audit committee and the welfare oversight committee a progress report on such evaluation no later than December 31 of each fiscal year and a final report no later than 60 days after completion of the evaluation. Repeals the evaluation requirement, effective July 1, 2004.

Appropriates $1,500,000 in state fiscal years 1997-98 and 1998-99 to the legislative department for allocation to the state auditor for the evaluation of the works program. Makes adjustments to the annual appropriations act to decrease the state and counties' maintenance of effort.

APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998

S.B. 98-186 Veterans nursing home - authorized - Fitzsimons army medical center - appropriation. Authorizes construction of a state veterans nursing home to be located on the site of the former Fitzsimons army medical center.

Transfers $4,306,770 from the general fund to the capital construction fund and appropriates said sum to the state department of human services for the construction of the state veterans nursing home at the former Fitzsimons army medical center.

APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998

H.B. 98-1082 Electronic benefits transfer cards - replacement fees. Allows the state department of human services to authorize a county department of social services to charge a fee to a client to cover the costs related to issuing a replacement electronic benefits transfer card.

APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998

H.B. 98-1092 Old age pension - self-sufficiency and employment pilot project - repeal - appropriation. Creates a self-sufficiency and employment program as a pilot project to evaluate the cost-effectiveness of encouraging applicants for the old age pension program who are identified as potentially employable to participate in efforts leading to employment.

Requires the state department of human services to use a competitive process to select one urban county and one rural county or a group of rural counties to participate in 2 demonstration sites for the pilot project. Sets forth the criteria for participation in the pilot project, including that a private or public agency has agreed to serve as an employment services provider and provide employability assessments and employment-related services to the old age pensioners referred to it by the county department of social services. Requires the state department to enter into a contract for each demonstration site with the employment services provider. Provides that the counties selected to participate in the pilot project will receive an annual block grant to pay for the contract expenses.

Makes counties participating in the pilot project responsible for informing all applicants for old age pension about the possibility of seeking employment and the option to participate in the pilot project. Directs that all applicants who express an interest in seeking employment be referred by the county department to the employment service provider for an employment assessment. States that referral of an applicant for the old age pension program to the employment services provider shall not affect the applicant's eligibility for benefits.

Directs that the pilot project commence on or after January 1, 1999, and operate in each demonstration site for 3 years. Repeals the pilot project on July 1, 2003.

Appropriates $12,700 to the department of human services for the implementation of the act.

APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998

H.B. 98-1137 Temporary assistance for needy families - county transfers - capped and targeted allocation formulas - close-out process for unexpended capped funds. For state fiscal year 1997-98 and each state fiscal year thereafter, allows a county to transfer up to 10% of the county block grant for the Colorado works program that is designated as federal funds and is specified as being available for transfer to programs funded by Title XX of the federal "Social Security Act". Allows a county to make the transfer only for allowable expenditures and, if utilized for child welfare services in the county, only after all funds in its capped allocation for child welfare services have been exhausted on allowable expenditures. Specifies that a county does not have to provide matching funds for any amount transferred. Prohibits a county from using transferred funds to supplant county match funds or funds that would otherwise be appropriated to continue a public assistance program administered with county only funds.

Requires the state board of human services to promulgate rules governing procedures for such transfers.

Changes the makeup of the child welfare allocations committee so that it consists of 4 members appointed by the state department and 4 members appointed by a statewide association of counties. Deletes the requirement that the 4 members appointed by a statewide association of counties be county commissioners. Directs the 2 appointing authorities to consult with each other to ensure that the committee is representative of the counties in the state. If the statewide association of counties does not appoint a representative from the county that has the greatest percentage of the state's child welfare caseload, requires the state department to appoint a representative from such county.

Requires the state department, with input from the child welfare allocations committee, to make recommendations to the joint budget committee concerning a definition of "administrative and support functions" as used in the statutes for calculating allocation formulas and a method for identifying the costs for such functions.

Revises the criteria for formulas for capped and targeted allocations for child welfare spending and expands the formulas to future fiscal years beyond fiscal year 1997-98. Directs that the formula include the estimated caseload for the delivery of specific child welfare services to be funded by the moneys in the capped or targeted allocations. Allows a county to receive one or more capped allocations for the provision of child welfare services. Directs that if a county receives more than one capped or targeted allocation, the formula shall identify the specific caseload estimate attributable to each capped or targeted allocation. States that a county's election to make a transfer of federal funds for the provision of child welfare services shall not be the basis of an adjustment to the formula for developing the county's capped or targeted allocation.

Creates a close-out process for county allocations at the end of each fiscal year that allows the state department, based upon the recommendations of the child welfare allocations committee, to allocate any unexpended capped funds for the delivery of specific child welfare services to any one or more counties whose spending has exceeded a capped allocation for such specific child welfare services.

Allows a county to use close-out allocations only for non-administrative and non-support costs and for authorized expenditures attributable to caseload increases beyond the caseload estimates for a specific capped allocation. Prohibits a county from receiving close-out funds from unexpended capped funds in one capped allocation if the funds would be used for expenditures attributable to caseload increases for services in another capped allocation.

APPROVED by Governor May 22, 1998
EFFECTIVE May 22, 1998

H.B. 98-1149 Health care task force - creation - appointments. Declares that the purpose of this act is to create a method for members of the general assembly to obtain the information necessary to respond to required legislative changes affecting the health care system in Colorado.

Creates the Colorado health care task force for a period of 5 years to study the health care system in this state. Specifies that the task force shall consist of 6 members of the general assembly. Requires that the 3 members from the house of representatives be appointed by the speaker of the house, no more than 2 of whom can be members of the same political party. Requires that 2 of the senate members be appointed by the president of the senate, and one be appointed by the senate minority leader. Specifies that the task force shall also include 5 public members representing the health care industry, employers, and consumers of health care services. Abolishes the task force on July 1, 2003.

Details the subject matter to be studied by the task force and authorizes the task force to recommend necessary legislation to the general assembly. Requires such recommended legislation to be treated in the same manner as recommendations from legislative interim committees. Authorizes the legislative council to accept and expend federal funds, grants, gifts, and donations for purposes of the task force's activities.

Abolishes the joint review committee for the medically indigent and the medical assistance reform advisory committee.

VETOED by Governor April 22, 1998

H.B. 98-1204 State nursing homes - administration - management - control - supervision. Repeals and reenacts the provisions on state and veterans nursing homes.

Requires the state board of human services to adopt rules for the management, control, and supervision of state nursing homes, including state veterans nursing homes. Requires that all state nursing homes be managed as a group by the state department of human services, unless such department contracts for the management of a state nursing home with another entity. Identifies any state nursing home or group of state nursing homes as an enterprise for purposes of the TABOR amendment. Requires that state nursing homes be operated and maintained under standards established by the department of public health and environment.

Requires the state department of human services to establish rates for the care of residents in state nursing homes. Identifies payment procedures and a central fund for the deposit of any moneys received from any source for the operation and maintenance of the state nursing homes. Authorizes the state department of human services to issue anticipation warrants to defray the cost of construction of new facilities, the reconstruction or improvement of existing facilities, and the maintenance and operation of such facilities.

Authorizes the state department of human services to contract with any public or private entity for all or part of the operation or management of any state nursing home. Authorizes the establishment of specific state nursing homes, and establishes procedures and criteria for evaluating sites for new state nursing homes.

APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998

H.B. 98-1229 Home and community-based services for persons with major mental illness - extension. Extends the automatic repeal date for the home- and community-based services program for persons with major mental illnesses until July 1, 2002.

APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998

H.B. 98-1325 Children's basic health plan - implementation. Increases the age of eligibility for the children's basic health plan and the children's health plan to 19 to conform with the age of eligibility for the state's subsidized insurance program and with the age of eligibility in the federal children's health plan legislation.

Changes the date of implementation of the full package of services under the children's basic health plan from July 1, 1998, to the effective date of the act.

Extends the scheduled repeal date of the children's health plan until July 1, 1999, and provides that no new enrollees shall be accepted into the children's health plan and no new provider contracts shall be made on or after the passage of the act. Makes the services offered under the children's health plan consistent with the services offered under the children's basic health plan. Directs that enrollment fees for the children's health plan follow the premium schedules for the children's basic health plan.

Creates as a type 1 agency the children's basic health plan policy board consisting of the executive directors or designees of the departments of health care policy and financing, public health and environment, education, and human services and representatives of the business community, the health care industry, and consumers appointed by the governor. Charges the policy board with reporting periodically to the joint budget committee on the progress of implementing the children's basic health plan. Directs the policy board to evaluate and report to the joint budget committee and the house and senate health, environment, welfare, and institutions committees on contracting, administration, and further privatization of the children's basic health plan. Consolidates the time frames for reports from the policy board and the department of health care policy and financing to the general assembly. Repeals the policy board, effective July 1, 2000.

Grants rule-making authority over the implementation and administration of the children's health plan to the policy board instead of the department of health care policy and financing.

Allows the executive director of the department of health care policy and financing to create an advisory board to advise the policy board and the department on the implementation and administration of the children's basic health plan. Repeals the advisory board, authorization, effective July 1, 2000.

Specifies criteria for contracts with managed care plans, including use by managed care plans of existing essential community providers to the degree that it is cost-effective for the managed care plan and the state. Allows the department of health care policy and financing to contract with essential community providers to provide services in areas of the state that are not adequately served by managed care organizations.

Permits rather than requires the department of health care policy and financing to allow any child whose gross family income exceeds 185% of the federal poverty level to enroll in the children's basic health plan without a subsidy.

Indicates that $1,357,502 in federal funds are anticipated to be received to implement the act.

APPROVED by Governor April 21, 1998
EFFECTIVE April 21, 1998

H.B. 98-1394 State benefits - personal identification of applicants. Requires applicants for public assistance or medical assistance who are 18 years of age or older to supply a form of personal photographic identification either by providing a valid Colorado driver's license or an identification card issued by the department of revenue. Authorizes the department of human services and the department of health care policy and financing to establish an exemption to this requirement if supplying such identification causes an unreasonable hardship or is in conflict with federal law. Allows applicants to receive assistance on an emergency basis until the applicant is able to obtain or qualify for the license or identification card; however, a county department is not required to recover emergency assistance from an applicant who fails, upon recertification, to meet the photographic identification requirement. Authorizes the division of motor vehicles to exempt any person who is referred by a county department of social services from paying the identification card fee.

Applies to persons applying for public assistance or medical assistance on or after the effective date of the act.

APPROVED by Governor May 27, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.