APPROVED by Governor March 24, 1999
EFFECTIVE March 24, 1999
S.B. 99-12 Colorado works - program - development of individual responsibility contracts. Provides that assessments prepared prior to the development of an individual responsibility contract ("IRC") under the Colorado works program apply to participants who are 16 years of age or older but not yet 18 years of age and who have not completed high school or obtained a GED and are not attending high school or participating in a GED program. Allows updated assessments to be conducted at the discretion of the county.
Requires that an IRC be developed for any participant who has been assessed. Requires the county department to seek the input and involvement of the participant when developing the IRC.
Repeals a provision that relates to the assessment of and preparation of IRC's for persons who were receiving aid to families with dependent children prior to the implementation of TANF, since that process has already occurred.
APPROVED by Governor April 13, 1999
EFFECTIVE April 13, 1999
S.B. 99-21 Colorado works - county duties - written policies. Directs the board of county commissioners of each county to adopt official written policies for its Colorado works program. Specifies that such written policies shall include a description of the kinds of assistance that are available, any eligibility criteria for assistance unique to the county, and the process by which eligibility and assistance is determined. Requires the board of county commissioners of each county to make the policies available to applicants and participants.
APPROVED by Governor April 15, 1999
EFFECTIVE April 15, 1999
S.B. 99-67 Aid to the needy disabled program - medically correctable program - report of health care benefits - appropriation. Makes the medically correctable pilot program for aid to the needy disabled persons a permanent program. Increases the cap on a disability that can be corrected under the medically correctable program from $10,000 to $20,000.
Directs the department of health care policy and financing ("department"), in consultation with the department of human services, to develop a program to rank health and medical care needs for aid to the needy disabled (AND) who are not receiving medicaid. States that such program shall be designed to serve AND recipients during the interim period before the person qualifies for federal supplemental security income benefits. Directs that the department submit a written plan to the joint budget committee on what type of health and medical care services can be provided to such recipients within available appropriations. States that such plan shall include recommendations on how the program can be limited to available appropriations, how utilization of services can be managed, and how services can be provided. Requires the department to include any recommendations for any legislative changes or budgetary changes that may be needed to implement the health and medical care program. States that the program shall be funded annually from appropriations made by the general assembly and from other sources.
Appropriates $150,000 to the department of human services for allocation to the medically correctable program.
Provides that sections 1 through 3 of this act shall not take effect if the electors disapprove Senate Concurrent Resolution Number 99-002. However, that resolution was not enacted by the General Assembly and will not be submitted to the electors. Therefore, sections 1 through 3 will not take effect.
APPROVED by Governor May 20, 1999
EFFECTIVE July 1, 1999
S.B. 99-152 Child care - criminal background checks - inspections - fines - negative licensing action - pilot program - appropriation. Adds conviction for a crime of violence or certain other felonies as a basis upon which a child care license or foster care home certificate shall not be issued. Adds conviction for third degree assault, any misdemeanor involving domestic violence, the violation of a restraining order, or misdemeanor child abuse as a basis upon which the department of human services ("department") may deny, suspend, revoke, or make probationary a child care license or fine the licensee.
Requires all foster care provider applicants and child care license applicants, owners, employees, licensees, and adults residing in a licensed facility to obtain a criminal record check. Exempts temporary employees working less than 90 days at a children's residential camp from such record check and establishes other safeguards in such situations. As part of the investigation determining whether an applicant for a child care license is the subject of a report of known or suspected child abuse, authorizes the disclosure of a person's name who has been designated by the central registry of child protection as "status pending" due to a pending administrative appeal.
Requires the state board of human services to promulgate rules requiring the recertification of foster care homes every 3 years. Requires all applications for the licensure of a child care facility or certification of a foster care home and for employment at a child care facility or foster care home to include a notice to the applicant that he or she is guilty of second degree perjury if he or she knowingly or willfully makes a false statement regarding a material fact on the application, and establishes the statutory basis for such crime.
Requires the state board of human services to promulgate rules concerning the on-site public availability of inspection reports and the display of facility licenses in a prominent and conspicuous place during operational hours of the facility. Directs the department to send a written notice to each facility that is the subject of an inspection for which there were no serious violations. Requires such a facility to provide copies of the notice to the parents and legal guardians of the children cared for at the facility.
Requires applicants seeking certification as foster care homes to provide a list of all of the departments of social services and child placement agencies that had previously certified the home. Directs the department or agency to conduct a reference check of the applicant.
Authorizes the imposition of a fine for certain actions by a child care licensee. Authorizes the department to assess fines against a licensee or other person who willfully and deliberately or consistently violates the standards prescribed by the department or by law. Prohibits a licensee or a person employed by or residing in the home of a licensee from using controlled substances or consuming alcohol during operational hours and from being under the influence of controlled substances or alcohol during operational hours; except exempts foster care providers from such restrictions unless the use or consumption impairs the foster care provider's ability to properly care for children.
Directs the department to notify the parents or legal guardians of children cared for in a facility against which any negative licensing action was taken. Defines the term "negative licensing action". In such circumstances, requires the facility to provide the department with the names and mailing addresses of the parents or legal guardians of the children at the facility and authorizes the department to assess the cost of the mailing against the facility. Requires the state board of human services to promulgate rules requiring the provision of information to parents and legal guardians concerning the procedure to follow in filing complaints against a licensed facility.
Creates the child care cash fund to which fines shall be transmitted. Specifies that all interest derived from the deposit and investment of moneys in the existing child care licensing cash fund are to be credited to the fund.
Directs the department to conduct a 9-month pilot study in 3 counties on the most thorough, timely, and cost-effective means by which to conduct criminal background checks and to report its findings, conclusions, and recommendations to the members of the HEWI committees of the senate and the house of representatives no later than August 1, 2000.
Appropriates $35,960 to the department, $10,960 of which shall be from the child care licensing cash fund and $25,000 of which shall be from federal child care development funds.
APPROVED by Governor June 2, 1999
EFFECTIVE June 2, 1999
S.B. 99-226 Community consolidated child care services - additional pilot site agencies - report - independent evaluation - appropriation. Directs the department of human services (the "department"), with input from the department of education, to seek 6 additional pilot site agencies through a request for proposal process to provide community consolidated child care services. Identifies the purposes for adding 6 more pilot sites to the existing 12 pilot sites. Provides that the department shall designate 6 of the original 12 pilot sites to serve as mentors for the 6 new pilot sites. Authorizes the department, to add new pilot site agencies in addition to the 6, as the department deems appropriate.
Requires each agency applying for designation as a pilot site agency to identify the number of children it anticipates serving, and requires each designated pilot site agency to report annually the number of children who actually receive consolidated child care services through that pilot site agency. Specifies that each of the 18 pilot site agencies shall be reviewed annually to determine the need for continued pilot designation status and to establish or renegotiate the agency's contract or agreement with the department.
Requires the department to contract with a qualified individual or entity through a request for proposals process to prepare an independent evaluation of the pilot program. Specifies that the evaluation shall be completed no later than October 1, 2001. Identifies the information that the evaluation shall address.
Specifies the general assembly's intent that no additional state moneys are to be appropriated for the implementation of the act.
Appropriates out of any federal child care development funds not otherwise appropriated $470,000 to the department of human services, division of children, youth, and families for the implementation of the act.
APPROVED by Governor June 3, 1999
EFFECTIVE July 1, 1999
H.B. 99-1017 Colorado works program - appeals of individual responsibility contracts. For any applicant or participant in the Colorado works program who believes an individual responsibility contract (IRC) is unreasonable, creates a right to request a review of the proposed IRC by the county department pursuant to a process designated by the county in its written policy. Requires each applicant or participant to indicate by signature on the IRC either agreement with the terms and conditions of the IRC or that the applicant or participant requests a county level review of the IRC. If a review is requested, directs that the county provide the applicant or participant with a county level review by a person not directly involved in the initial determination. Limits the review to determining whether the terms of the disputed IRC are reasonable within the context of the county's written policy. Requires the reviewer to issue a written decision resolving the outstanding issues. Directs the county to specify the time frame for the review in its written policy.
APPROVED by Governor May 18, 1999
EFFECTIVE May 18, 1999
H.B. 99-1018 Undocumented aliens - study of options for providing prenatal care - repeal. Authorizes the department of health care policy and financing to review options for providing prenatal care statewide for undocumented aliens through medicaid providers and possible funding sources. Directs the department to seek a federal waiver for implementation of a program that would include federal financial participation for prenatal care for undocumented aliens. Directs the department to report by October 11, 1999, to the joint budget committee and the house and senate committees of health, environment, welfare, and institutions on possible options and funding sources and the possibility of federal funding. Repeals the study requirement and waiver authorization, effective December 31, 1999.
APPROVED by Governor May 24, 1999
EFFECTIVE May 24, 1999
H.B. 99-1019 Health care task force - creation - composition - duties - abolition of medical assistance reform advisory committee and joint review committee for the medically indigent - appropriation. Creates the Colorado health care task force. Specifies how members of the general assembly will be appointed to the task force. Specifies that members of the task force shall serve without compensation, but shall be reimbursed for all necessary expenses incurred in the performance of their duties. Allows a subcommittee to be appointed to study specific issues. Allows subcommittees to be composed of interested parties to the issue and subcommittees will be chaired by a member of the task force.
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.
Provides for the repeal of the provisions creating the task force on July 1, 2004.
Abolishes the joint review committee for the medically indigent and the medical assistance reform advisory committee.
Appropriates $5,000 and 0.2 FTE to the legislative department for implementation of the task force. Authorizes the legislative council to accept and expend federal funds, grants, gifts, and donations for purposes of the task force's activities.
APPROVED by Governor June 1, 1999
EFFECTIVE June 1, 1999
H.B. 99-1089 Colorado works - cash assistance - definition. Defines the term "cash assistance" for purposes of the Colorado works program. Directs the state board of human services to promulgate rules to give meaning to the term "one-time" as used in the statutory definition of "cash assistance", which refers to "one-time short-term assistance". Further directs the state board of human services to promulgate such rules as may be necessary to comply with changes in federal regulations defining the term "cash assistance".
APPROVED by Governor March 10, 1999
EFFECTIVE July 1, 1999
H.B. 99-1090 Restraint of persons - limitations on use. Establishes minimum standards for the use of restraint on persons in certain public and private facilities. Defines "restraint" to include chemical restraint, mechanical restraint, physical restraint, and seclusion. Identifies the circumstances under which an agency may use restraint. Excludes certain facilities and lawful restraint of certain persons from the requirements of the act. Specifies the duties of an agency when applying restraint. Requires that agency staff be appropriately trained in the use of restraint. Requires agencies to document the use of any type of restraint. Directs each agency to establish a review process for the appropriate use of restraint. Requires agencies to adopt rules establishing procedures for using restraint.
APPROVED by Governor April 22, 1999
EFFECTIVE April 22, 1999
H.B. 99-1091 Public assistance - Colorado works program - 60-month lifetime maximum for receipt of benefits. Specifies that, as of June 2, 1997, any month of cash assistance received by an assistance unit that includes a caretaker relative who has received cash assistance under Title IV-A of the social security act shall count toward that caretaker relative's 60-month lifetime maximum of benefits. Defines the term "assistance unit". Specifies that any month in which a caretaker relative is determined to be a disqualified or excluded person from a basic assistance grant shall count as a month of participation in the calculation of such person's overall 60-month lifetime maximum. Defines "disqualified or excluded person". Directs the county department of social services, where available and applicable, to provide for or refer a disqualified or excluded person to other appropriate services. States that the requirement for such provision or referral shall not be construed to create an entitlement for services or a requirement for a county to expend resources in addition to existing appropriations.
APPROVED by Governor March 15, 1999
EFFECTIVE July 1, 1999
H.B. 99-1166 Colorado medical assistance act - personal needs allowance - increase - appropriation. Increases the personal needs allowance payable to a resident of a nursing facility or an intermediate care facility for the mentally retarded from $34 to $50.
Appropriates $14,400, $7,200 of which shall be from anticipated federal funds, to the department of health care policy and financing, for allocation to the executive director's office, for the implementation of this act. Appropriates $1,575,200, $789,175 from anticipated federal funds, to the department of health care policy and financing, for the implementation of this act. Appropriates $14,400 to the department of human services, office of information technology services, for the implementation of this act. Appropriates $127,840 to the department of human services, for self-sufficiency, for the implementation of this act. Adjusts the general fund appropriation made to the capital construction fund in the annual general appropriations act by $829,833.
APPROVED by Governor June 1, 1999
EFFECTIVE August 4, 1999
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.
H.B. 99-1203 Colorado works program - controlled substance abuse control program. Allows a county to elect to implement a Colorado works controlled substance abuse control program. Provides that a county implementing such a program may require a works participant to participate in the program if the participant represents, or a county department finds, that the participant is or is likely to be using controlled substances. Defines the term "controlled substance" to include certain drugs and alcohol beverages.
Specifies that a county department requiring participation in the program shall require the participant to have an assessment by a certified drug treatment provider and to follow a rehabilitation plan, based upon the assessment, developed by a certified drug treatment provider. Further requires the county department to conduct random testing of the participant if such testing is required by the plan and to impose applicable sanctions for nonparticipation in a work activity for failure to follow the rehabilitation plan. Permits participation in a controlled substance abuse control program to constitute a good cause exception to the imposition of sanctions for nonparticipation in a work activity.
Requires the provisions of the individual responsibility contract ("IRC') to contain a notice that, for counties electing to implement a Colorado works controlled substance abuse control program, the IRC may require the participant to participate in a rehabilitation plan based upon the participant's use of a controlled substance. States that a rehabilitation plan may include random drug testing, drug treatment, or other rehabilitation activities.
Specifies that the program may be included as a county-defined work activity. Provides that the participant may be subject to sanctions for nonparticipation in a work activity if the participant fails to meet the requirements of the rehabilitation plan, unless rehabilitation services, are not available, child care or transportation is not available, or the costs of the services are prohibitive.
APPROVED by Governor June 3, 1999
EFFECTIVE June 3, 1999
H.B. 99-1227 Child Care Licensing Act - Colorado Medical Assistance Act - residential child health care - definition of "residential child care facility". Clarifies that residential child care facilities, as that term is defined in the "Child Care Licensing Act", include publicly sponsored facilities. Adopts the same definition of "residential child care facilities" for purposes of the residential child health care program for medicaid-eligible children.
APPROVED by Governor April 8, 1999
EFFECTIVE April 8, 1999
H.B. 99-1238 Medicaid - application of doctrine of contributory negligence. Amends the statute that allows the state to recover medical benefits paid out for a medicaid recipient in cases involving third party liability to eliminate language that provided that a medicaid recipient's contributory negligence is not imputed to the state, thereby allowing the medicaid recipient's contributory negligence to be considered in the same manner as in other negligence cases.
APPROVED by Governor May 7, 1999
EFFECTIVE January 1, 2000
H.B. 99-1307 Colorado medical assistance act - home and community-based services for persons with brain injury - elimination of repeal. Eliminates the July 1, 1999, repeal of the "Home and Community-based Services for Persons with Brain Injury Act".
APPROVED by Governor March 17, 1999
EFFECTIVE March 17, 1999
H.B. 99-1333 Western slope military veterans' cemetery - income tax checkoff - design and construction - operation and maintenance - appropriation. Creates a new voluntary contribution on individual income tax returns for a western slope military veterans' cemetery ("cemetery"). Limits the voluntary contribution to 3 tax years commencing on January 1, 1999. Credits any amount received, including interest, to the existing western slope military veterans' cemetery fund ("fund"). Specifies that such amounts shall be used for the operation and maintenance of the cemetery.
Directs the division of veterans affairs ("division") within the department of human services, to prepare, develop, construct, and maintain the cemetery, either directly or through contract with a public or private party. Directs the division to seek reimbursement from the federal department of veterans affairs for all allowable costs under federal law. Specifies that the cemetery is intended for the interment of Colorado veterans and their spouses and dependents, but allows the state board of human services to permit by rule the interment of non-Colorado veterans, their spouses, and dependents and to assess a reasonable fee for such interments. Identifies the parcel to be used for the cemetery as a portion of the Grand Junction regional center property.
Appropriates $300,000 from the state general fund, and specifies that such appropriation be made available for a period of 3 years. Appropriates $61,200 from the fund to the department of revenue for implementation of the individual income tax return voluntary contribution.
APPROVED by Governor May 21, 1999
EFFECTIVE May 21, 1999
H.B. 99-1354 Contribution to national world war II memorial - appropriation. Directs the division of veterans affairs in the department of human services to make a one-time contribution toward the construction of the national world war II memorial in Washington, D.C., recognizing the contributions of the men and women throughout the nation, including Colorado, who honorably served their nation during world war II. Directs that such contribution is to be transferred into the fund created into the United States treasury for amounts contributed from public and private sources to establish such memorial pursuant to federal law.
Appropriates $134,000 to the department of human services for allocation to the division of veterans affairs. Makes adjustments in the 1999 long bill for the capital construction fund and the department of transportation.
APPROVED by Governor May 27, 1999
EFFECTIVE August 4, 1999
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.
H.B. 99-1373 Colorado medical assistance act - family planning pilot program - federal waiver. Establishes a family planning pilot program for the provision of family planning services to individuals who are categorically eligible for medicaid and who are at or below 150% of the federal poverty level. Directs the medical services board to promulgate rules concerning the family planning services to be provided under the program.
Requires the executive director of the department of health care policy and financing, in consultation with the department of public health and environment, to seek a federal waiver for the implementation of the family planning pilot program that is cost-neutral to the state general fund. Upon issuance of a federal waiver, directs the departments of health care policy and financing and public health and environment to seek the necessary appropriation of general funds through the normal budgetary process for the implementation of the family planning pilot program. Authorizes the executive director of the department of health care policy and financing to accept and expend funds, grants, gifts, and donations for the implementation of the family planning pilot program. Conditions the implementation of the family planning pilot program on the issuance of necessary waivers and available appropriations.
Requires the executive director of the department of health care policy and financing, or such executive director's designee, to prepare a report for the general assembly concerning the family planning pilot program not more than 3 years after the commencement of the program. Identifies what the report shall address.
Repeals the program 5 years after receipt of the federal waiver or at the time specified in the federal waiver.
APPROVED by Governor June 3, 1999
EFFECTIVE August 4, 1999
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.
H.B. 99-1374 Child care licensees - affiliates - standards. Includes within the standards established by the state board of human services for licensing child care facilities whether an affiliate of the licensee has ever been the subject of a negative licensing action. Defines the term "negative licensing action" as the denial, suspension, revocation, or demotion to probationary status of a license. Authorizes the department of human services to deny, revoke, suspend, or make probationary the license of any child care facility if an affiliate of the licensee has been the subject of a negative licensing action.
Defines an "affiliate of a licensee" as either:
APPROVED by Governor May 29, 1999
EFFECTIVE May 29, 1999
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