Human Services Social Services - Digest of Bills

Digest of Bills - 2003

HUMAN SERVICES - SOCIAL SERVICES

S.B. 03-37 Colorado child care assistance program - county maintenance of effort - transition period. Changes the county maintenance of effort requirement for purposes of the Colorado child care assistance program ("program") to reflect the following:

● Requires a county to maintain the current required level of spending for the program for fiscal years 1996-97 through 2002-03;

● For a 2-year transition period (fiscal years 2003-04 and 2004-05), directs the department of human services to equitably phase-in the permanent maintenance of effort calculation;

● For fiscal year 2005-06 and for each fiscal year thereafter, requires each county to meet the level of spending for the program that is equal to the county's proportionate share of the total county funds allocated for the program for that fiscal year.

● Authorizes the state department of human services to adjust a county's maintenance of effort so that the percentage equals the county's proportionate share of the total state and federal funds appropriated for the program for that fiscal year.

APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003

S.B. 03-130 Home health services - pilot program - advisory committee. Repeals the home health services pilot program advisory committee.

APPROVED by Governor April 7, 2003
EFFECTIVE July 1, 2003

S.B. 03-196 FY 2002-03 budget reduction bill - restriction of general fund surplus for medicaid reimbursements - cash system of accounting for department activities related to medical services premiums and medicaid programs - appropriation. Creates an exception to the requirement that the general fund surplus be determined based on the accrual system of accounting so that general fund revenues are restricted only when the department of health care policy and financing issues a commitment voucher to the controller for payment of a sufficient claim that warrants reimbursement from general fund revenues for specified medicaid services. Requires the department of health care policy and financing to use the cash system of accounting, regardless of the source of revenues involved, for all activities related to the financial administration of medical services premiums and medicaid programs administered by the department of human services, except for administrative costs of such programs.

Amends the 2002 general appropriation act to decrease the total appropriation to the department of health care policy and financing. Decreases the general fund and federal funds portions of the appropriation. Amends the 2002 general appropriation act to decrease the total appropriation to the department of human services. Decreases the cash funds exempt portion of the appropriation.

APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003

S.B. 03-246 FY 2002-03 budget reduction bill - public assistance programs - electronic benefits transfer - fee - repeal. Authorizes the department of human services to charge a $1 per month administrative fee to public assistance recipients who receive assistance payments through the electronic benefits transfer service for the Colorado works program, old age pension, aid to the needy disabled, aid to the blind, low-income energy assistance, and child care assistance. Specifies that the administrative fee shall be deducted from the aggregate assistance payment to be received each month by a public assistance recipient in such programs. Requires the administrative fee to be transferred to the electronic benefits transfer service fund for the purpose of defraying the cost of administering the electronic benefits transfer service system.

Repeals the authorization for the administrative fee, effective July 1, 2006.

APPROVED by Governor May 2, 2003
EFFECTIVE May 2, 2003

S.B. 03-295 FY 2003-04 budget reduction bill - older Coloradans fund - reduce transfer. For the 2003-04 and 2004-05 fiscal years, reduces the allocation of sales and use tax revenues to the older Coloradans fund from $2 million to $1.5 million.

For the 2003-04 budget year, reduces the general fund appropriation for community services for the elderly by $500,000.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

S.B. 03-299 FY 2003-04 budget reduction bill - supplemental old age pension health and medical care fund - sales and use tax allocation - appropriation. Beginning in fiscal year 2003-04, and for each fiscal year thereafter, reduces the amount of sales and use tax to be allocated to the supplemental old age pension health and medical care fund from one million dollars to $750,000.

Decreases the fiscal year 2003-04 appropriation to the department of human services for the supplemental old age pension health and medical care fund by $250,000.

APPROVED by Governor May 1, 2003
EFFECTIVE July 1, 2003

H.B. 03-1038 Colorado works - domestic violence extensions - clarification of treatment under federal law. Clarifies the treatment of domestic violence extensions under the Colorado works program for persons who have reached the 60-month lifetime limit for receipt of TANF assistance to be consistent with the federal law.

APPROVED by Governor March 25, 2003
EFFECTIVE March 25, 2003

H.B. 03-1050 Business Enterprise Program Act - state vending facility program - cash fund. Effective July 1, 2003, creates the business enterprise program cash fund for the purposes of administering the state's vending facility program.

APPROVED by Governor April 7, 2003
EFFECTIVE July 1, 2003

H.B. 03-1081 Foster care - conflicts of interest - misuse of public funds - recovery and withholding. Prohibits a person from operating a foster care home that is certified by a county department of social services ("county") if such person is a relative of any employee of the child welfare division or unit of the certifying county. Requires the county to refer the applicant to another county or child placement agency ("CPA") for certification and supervision. Defines the term "relative".

Prohibits a person from operating a foster care home that is certified by a CPA if such person is a relative of any owner, officer, executive, member of the governing board, or employee of the certifying CPA. Requires the CPA to refer the applicant to another CPA or county.

Prohibits any owner, officer, executive, member of the governing board, or employee of a CPA, or any relative of such person, from holding a beneficial interest in any property operated, or intended to be operated, as a foster care home, when the property is certified by the CPA.

Allows the state department to deny, suspend, revoke, or make probationary, the license of any facility or assess a fine against the licensee, an affiliate, an employee, or a resident of the facility for misusing any public funds provided to a foster care home or CPA. Directs the state board of human services to promulgate rules defining the term "misuse".

Requires the state department of human services to seek recovery from a CPA of any public funds that have been misused. Requires a provision in the contract that allows the county to recover any misused funds and to withhold subsequent payments. Requires an appeal provision in the contract.

APPROVED by Governor April 7, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 03-1151 Child care - out-of-home placement provider consortia - regulation. Authorizes the state board of human services to promulgate rules to regulate the operation of out-of-home placement provider consortia. Specifies that the regulation shall not include licensure.

APPROVED by Governor March 7, 2003
EFFECTIVE March 7, 2003

H.B. 03-1246 Colorado works - eligibility standards - rules - redeterminations. Eliminates outdated references to eligibility for the Colorado works program that tied eligibility to the former aid to families with dependent children ("AFDC") program. Replaces outdated references with the actual eligibility requirements and the needs standard from rules that have been adopted by the state board of human services ("state board") for the Colorado works program or that previously were adopted and existed for the former AFDC program. Directs the state board to adopt new rules relating to eligibility determinations for the Colorado works program that incorporate former eligibility standards. Adds definitions relating to the determination of eligibility for the Colorado works program.

Requires a county department of social services to perform an annual face-to-face redetermination for all assistance units receiving cash assistance.

APPROVED by Governor March 25, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 03-1346 Old age pension - dental assistance program - changes in administrative operation. In order to comply with the federal "Health Insurance Portability and Accountability Act of 1996" (HIPAA), changes the existing dental assistance program for providing dental and oral health services to old age pensioners from a claims processing system to a system that disburses the funds for providing services through grants.

Authorizes the department of public health and environment ("department") to award service grants and to contract with providers selected to provide dental and oral health services or to administer the grants. Eliminates the regional dental committees. Creates a dental advisory committee, appointed by the governor, which shall review and make recommendations to the department on the awarding of service grants.

Authorizes the department to develop rules, procedures, and application forms to govern the awarding of service grants. Allows the department to seek alternatives for program administration and funding, including federal waivers. States that nothing precludes a grantee from charging an eligible senior a co-payment, but any co-payment assessed shall not exceed 20% of the cost of the services provided. Maintains the current maximum fees if a qualified grantee awarded a service grant provides services to eligible seniors using a fee-for-service payment system. States that a grantee's administrative costs shall not exceed 10% of the grant amount awarded.

Requires grantees to report semi-annually to the department regarding the number of eligible seniors served, the types of services provided, and co-payments charged. Changes the reporting time frame and what is reported by the department to the joint budget committee about the dental assistance program.

APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003