S.B. 02-16 Mentally ill persons involved in criminal justice system - standardized mental illness screening. Authorizes the following persons to implement administration of a standardized mental illness screening, using standardized procedures, under the following circumstances:
In any situation where implementation of the mental illness screening would require an increase in state appropriations, requires the person with the authority to implement the screening to submit to the joint budget committee a request for funding in the amount necessary to implement the screening. Conditions implementation of the screening on approval of the funding request.
Changes the phrase "mental health prescreening" as used in the juvenile statutes to "mental health hospital placement prescreening", to distinguish from the standardized mental illness screening. Allows agencies and assessment centers for children to exchange information received from standardized mental illness screenings on children who are taken into temporary custody by law enforcement or referred to an assessment center for case management.
Instructs the group of specified departments developing the standardized screening instrument and procedures to develop procedures for referral for further assessment based on the screening results. Extends the authority of the group of specified departments to establish standardized procedures for mental illness screenings. Directs the group of specified departments to meet biennially to review the implementation of the standardized mental illness screening procedures and the screening instruments. Directs the mental health division in the department of human services and the division of criminal justice within the department of public safety to report biennially to the general assembly regarding implementation of the standardized mental illness screening procedures and the screening instruments.
APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002
S.B. 02-114 Ski area guest child care facilities - regulation. Defines "guest child care facility" and excludes guest child care facilities from child care center licensing requirements as of July 1, 2002. Requires each guest child care facility ("facility") to post a notice on the premises of the facility specifying the telephone number and address of the appropriate division within the state department of human services ("state department") for investigating facility complaints. Prohibits a person or entity from operating a guest child care facility unless the facility meets certain specified requirements, including health and fire inspections and criminal history records checks.
Protects the guest child care facility against civil liability for refusal to hire an applicant for a supervisory employee position or for termination of a supervisory employee or any other employee as a result of information disclosed in an investigation of the employee. Excludes from fingerprint-based criminal history checks any employee who has obtained a fingerprint-based criminal history check for the purpose of gaining employment with a facility if such person returns to the facility to work in subsequent seasons. Requires the state department to maintain results of initial fingerprint-based criminal history checks on employees of a facility and to redetermine whether the employee has been convicted of certain crimes or has a pattern of misdemeanor convictions when contacted by a facility for information concerning subsequent convictions prior to rehiring any such employee. Exempts from fingerprint-based criminal history check requirements employees on whom fingerprint-based criminal history checks were conducted on or after July 1, 2001, and before July 1, 2002, for purposes of state child care licensure requirements. Authorizes the state department to receive, respond to, and investigate certain complaints related to a facility.
APPROVED by Governor May 6, 2002
EFFECTIVE July 1, 2002
H.B. 02-1022 Adoption - redeterminations of need for subsidized adoption assistance. Eliminates an annual redetermination of the need for subsidized adoption assistance to adoptive parents of children with special needs that is not required under the federal adoption assistance program.
APPROVED by Governor April 3, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1025 Colorado works - screening of participants for substance abuse and mental illness - designation of screening instrument - audit evaluation. Requires the department of human services ("department") to designate a nationally recognized screening instrument to be used to screen Colorado works participants for substance abuse or mental illness. Requires the department to provide training on the use of the screening instrument. Requires the county departments, for assessments of new participants on and after July 1, 2002, to use either the screening instrument designated by the department or to designate its own mechanism for screening participants for substance abuse or mental illness. Requires the county departments to make referrals for services, if appropriate. States that this statute shall not be construed to authorize personnel of county departments to make medical diagnoses which they are not authorized by law to make. Repeals the statute on screening of participants, effective July 1, 2005.
Adds to the list of items to be evaluated by the ongoing audit of the Colorado works program the cost-effectiveness of providing mental health and substance abuse screening, referral, and assessment.
APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002
H.B. 02-1026 Colorado works - county block grant funds - authority to segregate. Authorizes the department of human services ("department") to segregate all county block grant funds allocated for the Colorado works program. Specifies that if the department segregates the funds, the county departments of social services are required to report to the state expenditures made in a segregated manner, to develop policies regarding the use of the funds, and to ensure maximum flexibility and allow counties to provide additional assistance or services. Requires the state auditor's office to report, as part of the ongoing evaluation of the Colorado works program, the county expenditures that have been made in a segregated manner and the effectiveness of the programs for which the expenditures were made.
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
H.B. 02-1042 Colorado works - extensions for TANF recipients who have reached 60-month lifetime limit. Devolves to the county departments of social services ("county departments") the authority to grant hardship extensions and domestic violence extensions for Colorado works participants ("participants") who have exceeded their 60-month lifetime limit for receipt of temporary assistance for needy families (TANF) under the Colorado works program. Clarifies that the extensions shall be for hardships as defined by rule of the state board of human services or for domestic violence. Permits counties to define additional reasons in their county policies for granting a hardship extension.
States that a hardship extension or a domestic violence extension may not be granted for longer than 6 months. Requires the department of human services to send notice about the extension process to participants approaching the 60-month lifetime limit. Requires a participant who is granted a hardship extension or a domestic violence extension to complete an individual responsibility contract (IRC). Requires the participant to follow all the terms and conditions outlined in the IRC, including the participation activities required as a condition of the extension. Directs that sanctions and terminations shall apply to an extension.
Allows a participant to apply for additional extensions. Specifies that a county department shall have 30 days after receipt of an application for an extension to grant or deny the extension. Directs the county department to send a denial notice to a participant who applies for but is denied a hardship extension due to lack of available extensions or for any other reason. Requires the county department to send a denial notice with the reason for the denial to a participant who is denied a domestic violence extension. States that the number of domestic violence extensions that can be granted shall not be restricted by the 20% numerical limit on hardship extensions pursuant to federal law. Permits a participant who has been denied a hardship extension or a domestic violence extension to reapply for an extension. States that nothing in the act shall be construed to prohibit a former participant from requesting a hardship or domestic violence extension after the lapse of the 60-month lifetime limit when new hardship or domestic violence factors occur.
Directs the state board of human services to promulgate rules establishing the criteria for hardship extensions and for establishing a system for allocating the number of extensions available for each county.
APPROVED by Governor April 25, 2002
EFFECTIVE April 25, 2002
H.B. 02-1067 Elderly persons - family caregiver support program. Establishes the family caregiver support program ("program") in the department of human services. Provides for the allocation of moneys to the area agencies on aging to provide support services to the following types of caregivers:
Specifies that the services available under the program shall include:
Directs that the area agencies on aging provide the services directly or contract with local providers to provide the services.
Mandates that the state not use more than 10% of the total federal and state share of the moneys available for the program to provide services to grandparents and older individuals who are relative caregivers of children.
APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002
H.B. 02-1138 Child welfare - integrated care management program - county performance agreements - performance incentive cash fund for family stabilization services - increase in docket fees. Creates the integrated care management program ("program") in the state department of human services ("state department"). Requires the state department to develop principles of integrated care management and a process to allow counties or groups of counties to participate in the program. Authorizes individual counties or groups of counties to participate in the program for the delivery of child welfare services. Authorizes the state department to enter into performance agreements with specified counties or groups of counties for the delivery of child welfare services.
Creates the performance incentive cash fund ("cash fund"). Authorizes the general assembly to appropriate annually moneys from the cash fund to the state department for the executive director of the state department to provide financial incentives to any county or group of counties that has met or exceeded performance measures specified by the state department. Requires the incentives allocated by the executive director of the state department to any county or group of counties to be used for family stabilization services. Authorizes the executive director of the state department to accept and expend grants, gifts, or donations for the purposes of the program. Requires all investment earnings derived from the deposit and investment of moneys in the cash fund to remain in the cash fund. Specifies that on and after July 1, 2002, 75% of the moneys deposited into the family stabilization services fund shall be credited to the cash fund.
Repeals an evaluation requirement on the date the executive director of the state department notifies the revisor of statutes that the state is no longer participating in the waiver authorized pursuant to Title IV-E of the federal "Social Security Act", as amended. Authorizes the state board of human services to promulgate rules necessary to implement the program.
On and after July 1, 2003, increases docket fees paid by the petitioner in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage and by the petitioner in an action for a declaratory judgment concerning the status of marriage to $130. Specifies that the moneys in the family stabilization fund shall be subject to annual appropriation by the general assembly to the state department for allocation to specified counties for the provision of family stabilization services.
APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002
H.B. 02-1177 Family child care homes - administration of routine medications - exemption from nursing tasks - rules. Exempts the administration of routine medications to children cared for in family child care homes from the statutory requirements that nursing tasks be delegated by registered nurses.
Permits child care providers to administer routine medications to children cared for in family child care homes, subject to the following conditions:
Directs the state board of human services to promulgate rules regarding such administration of routine medications. Conforms nursing regulatory statutes to permit the administration of medications by child care providers in family child care homes.
APPROVED by Governor March 26, 2002
EFFECTIVE March 26, 2002
H.B. 02-1180 Colorado commission for the deaf and hard of hearing - telephone equipment distribution program - transfer to fund - appropriation. Requires the Colorado commission for the deaf and hard of hearing to establish a program that is consistent with its previous studies and findings to distribute equipment and provide services for the deaf and hard of hearing.
Directs the state treasurer to transfer $650,000 from the Colorado disabled telephone users fund to the Colorado commission for the deaf and hard of hearing cash fund on July 1, 2002.
Appropriates $244,417 to the department of human services for allocation to the Colorado commission for the deaf and hard of hearing for the implementation of this act.
APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002
H.B. 02-1206 Children's basic health plan - eligibility periods. Provides that a child is no longer eligible under the children's basic health plan and shall be disenrolled from the plan if the department of health care policy and financing becomes aware of or is notified that any of the following has occurred:
APPROVED by Governor April 15, 2002
EFFECTIVE April 15, 2002
H.B. 02-1209 Older Coloradans - program - funding - appropriation. Makes a permanent allocation of $2 million of sales and use taxes to the older Coloradans cash fund. Changes the dates by which certain reports are to be filed.
Appropriates $2,000,000 from the general fund to the department of human services, office of adult and veterans services, aging services programs.
APPROVED by Governor May 31, 2002
EFFECTIVE May 31, 2002
H.B. 02-1214 Colorado works - county reserve account - transfer to long-term works reserve fund. Specifies that the amount of the county reserve account that is to be transferred to the long-term works reserve fund, beginning in fiscal year 2002-03, shall be calculated based on the amount deposited in the county reserve account in the current state fiscal year. Specifies that moneys in the long-term works reserve fund that have been transferred from county reserve accounts shall be used only for the purpose of implementing the Colorado works program at the county level.
APPROVED by Governor April 15, 2002
EFFECTIVE April 15, 2002
H.B. 02-1276 Old age pension - supplemental old age pension health and medical care program - appropriation. Creates the supplemental old age pension health and medical care program for the purpose of providing health and medical care to old age pension recipients whose needs are not being met under the old age pension health and medical care fund. Creates the supplemental old age pension health and medical care fund. Authorizes the general assembly to allocate $1,000,000 of the sales and use tax revenue to the supplemental old age pension health and medical care fund to provide health and medical care for persons who qualify for the old age pension if it determines that the moneys in the old age pension health and medical care fund will be insufficient to meet the health and medical care needs of old age pension recipients.
Appropriates $1,000,000 from the supplemental old age pension health and medical care fund to the department of human services to be transferred to the department of health care policy and financing for the implementation of the supplemental old age pension health and medical care program.
APPROVED by Governor May 31, 2002
EFFECTIVE May 31, 2002
H.B. 02-1281 Traumatic brain injury board - creation - duties - funding - surcharge on speeding and alcohol and drug related traffic offenses. Creates the Colorado traumatic brain injury board (board) within the department of human services. Sets out the membership of the board, terms of office, duties, and powers. Makes the board a type 2 agency. Clarifies that the board members may not receive compensation for service on the board except for reimbursement of expenses related to board activities. Defines terms.
Allows the board to contract with an entity for administrative functions. Creates the Colorado traumatic brain injury trust fund (trust fund). Lists what are covered services of the fund. Requires the department to perform functions not contracted out to an administering entity.
Requires that approximately 65% of the trust fund be used on services for persons with traumatic brain injuries. Specifies that the trust fund is the payor of last resort for the treatment of traumatic brain injuries. Specifies that services shall begin no later than July 1, 2004.
Requires that approximately 5% of the trust fund be used for education of the public, service providers for persons with traumatic brain injuries, and survivors of traumatic brain injuries. Specifies that educational activities begin no later than April 1, 2004.
Requires that approximately 30% of the trust fund be used for research activities related to the treatment and understanding of traumatic brain injuries. Allows the board to make grants for research related to traumatic brain injuries. Specifies that grants be initially awarded no later October 1, 2004.
Clarifies that general fund moneys may not be used to implement the trust fund. Requires administrative expenses of services, education, and grants awarded from the trust fund to be paid by the trust fund. Requires the board to report to the joint budget committee, the health, environment, welfare, and institutions committee of the house of representatives, and the health, environment, children and families committee of the senate on February 1, 2003, and each February 1 thereafter concerning the operations of the trust fund. Repeals the provisions related to the trust fund July 1, 2012.
Requires that persons convicted of driving under the influence of alcohol or driving while ability impaired because of alcohol or drugs pay a surcharge of $15 to fund the trust fund. Requires persons who speed to pay a surcharge of $10 for state speeding offenses and $12 for municipal speeding offenses to fund the trust fund. Allows a municipality to retain $2 of the $12 surcharge for administrative expenses related to collecting the surcharge.
States that sections 3 and 4 of this act are contingent upon passage of Senate Bill 02-057.
APPROVED by Governor
PORTIONS
EFFECTIVE June 7, 2002; January 1, 2003; January 1, 2004
NOTE: Senate Bill 02-057 was signed by the Governor June 7, 2002.
H.B. 02-1293 Access of children to health care - study - appropriation. Directs the department of health care policy and financing ("department"), when redetermining eligibility of or terminating or disenrolling children from medicaid or the children's basic health plan, to ascertain and document the reasons why the child is no longer eligible or why the child is disenrolling from such program. Directs the department to conduct a study of children's access to health care, which uses such data, and which focuses on the movement of children between medicaid or the medically indigent program and the movement of children from one of those programs administered by the department to being insured through private insurance or to being uninsured. Requires the department to examine the reasons why the enrollment process for public programs administered by the department is not completed for some children. Directs the department to ascertain the reasons for movement of children between programs or to being privately insured or not insured.
Requires the department to report on the results of the study by certain dates. Authorizes the executive director of the department to accept grants and donations to fund the study. Directs that such study shall not be conducted until sufficient grants or donations are obtained to support the study.
Appropriates $8,750 out of cash funds donated to the department to conduct the study. Identifies the anticipated receipt of $8,750 in federal funds for the implementation of the act.
APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002
H.B. 02-1295 Inmates held in correctional facilities and offenders held in community corrections programs - medical benefits application assistance - repeal - appropriation. On and after January 1, 2003, requires correctional facility personnel or community corrections program agents to provide assistance in applying for medicaid or for supplemental security income ("SSI") to any person who is sentenced to a term in a correctional facility or community corrections program and who was receiving medicaid or was SSI-eligible immediately prior to entering the correctional facility or community corrections program or who is reasonably expected to meet medicaid eligibility criteria or SSI eligibility criteria upon release. Specifies that the person shall receive assistance in applying for medicaid at least 90 days prior to release. Requires the department of health care policy and financing to provide information and training on medical assistance eligibility requirements and assistance to each correctional facility or community corrections program on or before January 1, 2003.
Stipulates that the person shall receive assistance in applying for SSI at least 90 days prior to release, or sooner if possible, if the person was receiving SSI immediately prior to entering the correctional facility or community corrections program, or if the person is reasonably expected to meet SSI eligibility criteria upon release. Requires the department of human services to provide information and education regarding the SSI income systems and processes to each correctional facility or community corrections program on or before January 1, 2003.
Mandates that the department of health care policy and financing simplify the processing of inmate applications for medicaid. Directs the county department of social services of an inmate's identified county of residence to enroll the inmate for medical assistance effective upon release, if it determines the inmate is eligible.
On or before January 1, 2003, requires the department of corrections and each community corrections program to attempt to enter into prerelease agreements with local social security administration offices, and, if appropriate, the county departments of social services, the department of human services, or the department of health care policy and financing to simplify the medicaid application process and the SSI application process. Repeals the assistance requirements, effective July 1, 2005.
Appropriates $50,563 to the department of health care policy and financing for the implementation of the act. Specifies that the department of health care policy and financing is expected to receive an additional $50,563 in federal funds for the implementation of the act.
Makes the act contingent upon the passage of and savings realized from House Bill 02-1292.
APPROVED by Governor May 30, 2002
EFFECTIVE July 1, 2002
NOTE: House Bill 02-1292 was signed by the Governor on May 30, 2002, and the fiscal estimate shows sufficient
general fund savings.
H.B. 02-1390 Older Coloradans - cash fund - sources of funding - appropriation. Eliminates the transfer of state sales and use tax revenues during the 2001-02 fiscal year to the older Coloradans cash fund. Specifies that the fund may also consist of moneys appropriated to the fund by the general assembly.
Appropriates $3,000,000 from the general fund to the older Coloradans cash fund and further appropriates said amount to the department of human services for the older Coloradans program.
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
NOTE: The effective date section of this act provided that this act is effective upon passage only if House Bills
02-1366 through 02-1394 are enacted and become law. Said bills were signed by the Governor March 27, 2002.
H.B. 02-1457 Medicaid - nursing facility rates - repeal of the quality of care incentive payment program - repeal and reenactment of the resident-centered quality improvement program - appropriations - conditional enactment - appropriations - adjustments to long bill. Repeals the quality of care incentive payment ("QCIP") program and the resident-centered quality improvement program ("ResQUIP"). Reenacts the ResQUIP program beginning July 1, 2003, and specifies that the reenacted ResQUIP program is subject to available appropriations.
Eliminates the implementation of the 8% limitation on the increase in health care services costs that applies to class I and class V nursing facility reimbursement rates beginning on July 1, 2002.
Directs interested members of the joint budget committee of the general assembly, the department of health care policy and financing, the state ombudsman and interested long-term care ombudsmen, and nursing facility providers to develop a methodology for determining when and under what circumstances a limitation on the increase in health care services costs shall be implemented. Requires the group to report its recommendations for a methodology to the joint budget committee by November 15, 2002.
Specifies that if a methodology to implement a limitation on the increase in health care services costs is not enacted by July 1, 2003, any increase in health care services costs for specified facilities shall not exceed 8% per year for rates effective on and after July 1, 2005. Specifies that the calculation of the 8% limitation shall be based on the facility's cost reports, as specified by rule, in the preceding year.
Specifies that provisions of this act repealing provisions of Senate Bill 02-071 as enacted by the general assembly, which implements consumer satisfaction surveys to determine the level of satisfaction among nursing facility residents, take effect only if Senate Bill 02-071 becomes law.
Makes various adjustments to the 2002 general appropriation act to reflect the repeal of the QCIP and ResQUIP programs and the use of corresponding appropriations to pay for the elimination of the implementation of the 8% limitation on the increase in health care services costs that applies to nursing facility reimbursement rates beginning on July 1, 2002.
Specifies which appropriations clause takes effect conditioned upon Senate Bill 02-071 becoming law.
APPROVED by Governor June 7, 2002
EFFECTIVE July 1, 2002
NOTE: Senate Bill 02-071 was signed by the Governor June 7, 2002.
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