S.B. 05-98 At-risk adults - mistreatment - self-neglect - reporting procedures - appropriate responses - state department written and oral report - appropriation. Before July 1, 2005, and on and after July 1, 2006, urges specified persons to report to the county department of social services ("county department") or to a local law enforcement agency when such persons have observed the mistreatment or self-neglect of an at-risk adult or when such persons have reasonable cause to believe that an at-risk adult has been mistreated or is self-neglected and is at imminent risk of mistreatment or self-neglect.
From July 1, 2005, until June 30, 2006, requires specified persons to report to the county department or to a local law enforcement agency when such persons have observed the mistreatment or self-neglect of an at-risk adult or when such persons have reasonable cause to believe that an at-risk adult has been mistreated or is self-neglected and is at imminent risk of mistreatment or self-neglect.
Authorizes any other person to report known or suspected mistreatment or self-neglect of an at-risk adult and circumstances or conditions which might reasonably result in mistreatment or self-neglect to the county department or to a local law enforcement agency.
Requires community centered board staff, caretakers, employees, volunteers, subcontractors, or consultants who provide services and supports to adults with developmental disabilities through the community centered board system to follow reporting requirements established by the department of human services ("state department").
On or before December 1, 2006, requires the state department to submit a written report to the health and human services committees of the house of representatives and the senate containing specified information related to mandatory reporting for the preceding fiscal year. During the first 30 days of the 2007 regular session of the general assembly, requires the state department to present the information contained in the written report to the health and human services committees of the house of representatives and the senate.
Specifies that the agency receiving a report of mistreatment or self-neglect of an at-risk adult shall respond immediately, upon receipt of a report, to assess the mistreatment or self-neglect involved and to determine the appropriate response to the report. Requires the agency to conduct the assessment in accordance with rules adopted by the state board of human services related to determining the risk of harm to an at-risk adult and appropriate responses to the risk. Lists some appropriate responses. Requires the county department to arrange for its investigation to be conducted by county department adult protective services personnel or by an entity authorized by law or rule to conduct such investigations.
Urges the county director or his or her designee, upon determining that an at-risk adult is being or has been mistreated or self-neglected or is at risk thereof and that the at-risk adult lacks decision-making capability or demonstrates behavior that strongly indicates an inability to receive and evaluate information, to petition the court for specified actions.
Appropriates $159,139 to the state department for the implementation of the act. Makes implementation of the act contingent upon the passage of and savings realized from Senate Bill 05-039.
VETOED by Governor May 26, 2005
S.B. 05-159 Fitzsimons nursing home - use of general funds. Beginning in fiscal year 2004-05, and for each fiscal year thereafter, authorizes the department of human services to use general fund moneys to cover any operational shortfall incurred by the nursing home at the former Fitzsimons army medical center.
APPROVED by Governor March 18, 2005
EFFECTIVE March 18, 2005
S.B. 05-202 Public assistance - electronic benefits transfer fee - repeal - appropriation. Repeals the authority of the department of human services ("department") to charge a one dollar 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.
Appropriates $487,986 in general fund moneys to the department to administer the electronic benefits transfer service and reduces the cash funds appropriation to the department by the same amount.
APPROVED by Governor May 26, 2005
EFFECTIVE July 1, 2005
H.B. 05-1084 Residential treatment services - providers - rate setting - report. Requires the department of human services ("department") to develop a rate-setting process consistent with medicaid for providers of residential treatment services in the state of Colorado. Specifies that representatives of counties and the provider community shall be involved in the actual development of the rate-setting process. Specifies factors that may be included in the rate-setting process.
Requires the department, in auditing residential treatment providers, to apply compliance requirements and monitoring functions consistently across all division and monitoring teams. Contains a reporting and review requirement.
APPROVED by Governor April 5, 2005
EFFECTIVE April 5, 2005
H.B. 05-1198 Child welfare delivery systems - objectives. Broadens the objectives for child welfare and related delivery systems by adding promotion of the development of a family-centered, community-based strategy for placement decisions and promotion of the local placement of children with families.
APPROVED by Governor April 22, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1227 Child placement agencies - licensing - international convention adoptions - accreditation - fee - foster care status - rules - appropriations. For licensing purposes, defines a child placement agency to include any corporation, partnership, association, firm, agency, institution, or person unrelated to a child being placed, who facilitates placement for a fee for care of a child under the age of 18 years with a family, a person, or an institution.
On and after July 1, 2005, and subject to designation as a qualified accrediting entity pursuant to federal law, authorizes the department of human services ("state department") to license and accredit a child placement agency for purposes of providing adoption services for international convention adoptions pursuant to federal law. Authorizes the state department to establish a fee for so accrediting a child placement agency.
Clarifies that, with respect to fees charged by a child placement agency, a child who is placed by a county department in a foster care home operated by a child placement agency shall be deemed to remain in foster care status until the date that the final decree of adoption is entered or until the date that the child is returned to his or her biological parent's home, unless otherwise negotiated in the contract between the child placement agency and the county department of social services.
Requires the state board of human services to promulgate rules to require child placement agencies to scan adoption records for purposes of transferring them to the division in the department of human services responsible for child care licensing.
For the fiscal year beginning July 1, 2005, appropriates $2,155 from the child care licensing cash fund to the department of human services for allocation to the executive director's office for legal services related to the implementation of the act. Further appropriates the $2,155 to the department of law for the provision of legal services to the department of human services. Appropriates $21,459 from the child care licensing cash fund to the department of human services for allocation to the division of child care for the implementation of the act.
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
H.B. 05-1324 Food distribution programs - commodities - monthly administrative fee - fund - creation. Authorizes the department of human services ("department") to charge an administrative fee for commodities delivered to eligible agencies that receive the commodities through food distribution programs authorized by federal law. Specifies that the department will collect the administrative fee on a monthly basis. Creates the food distribution program service fund ("fund") for the purpose of defraying the cost of administering specified food distribution programs, and directs the state treasurer to credit the administrative fees to the fund.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
H.B. 05-1336 State and veterans nursing homes - quality of care - legislative study - funding - evaluation of state and veterans nursing homes cash fund - repeal - appropriations. Establishes a legislative oversight committee ("committee") to evaluate the quality of care provided in certain state and veterans nursing homes. Requires the committee to report to the general assembly on the issues studied, and authorizes the committee to propose legislative changes based on the recommendations from the commission studying the quality of care issue. Requires the committee to communicate periodically with the Fitzsimons state veterans nursing home advisory board concerning any function or finding of the committee or the board.
Creates a commission to evaluate and study specific issues related to the quality of care provided in certain state and veterans nursing homes and to provide guidance and recommendations to the committee. Specifies the membership of the commission. Requires the commission to obtain input from groups in the state affected by the issues studied by the commission.
Authorizes the board of veterans affairs to allocate funds from the Colorado state veterans trust fund for the costs of the committee and commission. Establishes the evaluation of state and veterans nursing homes cash fund.
Repeals the committee and the commission, effective July 1, 2007.
Makes appropriations for fiscal year 2005-06, as follows: Appropriates $19,489 and 0.4 FTE to the legislative department from the evaluation of state and veterans nursing homes cash fund; appropriates $34,950 to the department of human services from the evaluation of state and veterans nursing homes cash fund.
Makes certain provisions of the nursing home advisory board contingent on the enactment of House Bill 05-1344.
APPROVED by Governor May 26, 2005
EFFECTIVE July 1, 2005
NOTE: House Bill 05-1344 was signed by the governor May 26, 2005.
H.B. 05-1344 Fitzsimons state veterans nursing home advisory board - creation - powers - duties. Creates the Fitzsimons state veterans nursing home advisory board ("board"). Includes the board within the state department of human services. Specifies the membership of the board and the method by which members are appointed. Specifies the powers and duties of the board. Requires the board to communicate periodically with the legislative oversight committee that evaluates the quality of care at certain state and veterans nursing homes concerning any function or finding of the board or the oversight committee.
Repeals the board, effective July 1, 2007.
Makes certain provisions of the nursing home advisory board contingent on the enactment of House Bill 05-1336.
APPROVED by Governor May 26, 2005
EFFECTIVE July 1, 2005
NOTE: House Bill 05-1336 was signed by the governor May 26, 2005.
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