Human Services Social Services - Digest of Bills

Digest of Bills - 2006

HUMAN SERVICES - SOCIAL SERVICES

S.B. 06-97 Long-term care facilities - reports. Requires certain agencies that make a report of specified occurrences at a licensed long-term care facility to provide that report to the department of public health and environment. Makes the report available for public inspection.

Compels a report of the occurrence of abuse to be made to a law enforcement agency.

APPROVED by Governor April 6, 2006
EFFECTIVE April 6, 2006

S.B. 06-124 Electronic benefits transfer service fund - transfer of repealed fund balance.Directs the state treasurer to transfer to the general fund the fund balance of moneys remaining after the repeal of the electronic benefits transfer service fund.

APPROVED by Governor April 4, 2006
EFFECTIVE April 4, 2006

S.B. 06-134 Colorado works - resource limitations. Increases the resource and asset limitation for the Colorado works program from approximately $2,000 per family to $15,000 per family. Exempts from the $15,000 resource limitation specified assets designated to promote self-sufficiency.

Makes the act applicable to eligibility determinations made for the Colorado works program on or after October 15, 2006.

APPROVED by Governor April 24, 2006
EFFECTIVE April 24, 2006

S.B. 06-165 Medical assistance act - reimbursement - telemedicine - pilot program for treatment of chronic conditions - cost savings - sunset review - appropriations. Endorses the use of telemedicine and provides that medical services and other health care services rendered via telemedicine are reimbursable under the "Colorado Medical Assistance Act" ("act"), and under health care coverage or health insurance policies, to the same extent as such services would be if rendered in person. Eliminates a previous distinction between the provision of medical care via telemedicine in counties with a population of 150,000 or less and in counties with a population greater than 150,000. States that a patient always has the option to refuse the delivery of health care services via telemedicine. Authorizes the executive director of the department of health care policy and financing ("department") to adopt rules regarding telemedicine services.

Directs the department to contract for the conduct of pilot programs for the rendition of medical services via telemedicine under the act. States that the pilot programs will evaluate the management of, and treatment of patients with, congestive heart failure, chronic obstructive pulmonary disease, and diabetes or diabetes-related conditions. Provides for sunset review of the administration of the pilot programs. Prohibits conflicts of interest by persons evaluating the pilot programs in connection with the sunset review or otherwise.

Removes the transfer of medical data and education related to health care services from the existing definition of "telemedicine" in the "Colorado Medical Practice Act".

Makes the following adjustments to the department's appropriations in the 2006 general appropriations act:

● Adds $27,086 to the executive director's office for personal services.

● Adds $1,937 to the executive director's office for operating expenses.

● Adds $13,319 to the executive director's office for the medicaid management information system.

● Adds $161,216, plus an anticipated $161,215 in federal funds, for medical services premiums.

APPROVED by Governor June 2, 2006
EFFECTIVE July 1, 2006

S.B. 06-199 Child care licensing - fees - standards - fingerprint-based criminal history records check. Defines and adds "children's resident camps" and "cradle care homes" as facilities subject to the terms of the "Child Care Licensing Act". Allows a facility to be certified as a foster care home and licensed as a family child care home as long as separate entities perform the certification and licensing.

Increases from 120 days to 6 months the length of time for which a provisional child care license may be granted.

Allows the state board of human services to promulgate rules concerning fees for insufficient fund payment, for the collection of overdue fines, and for the collection of fees for scanning of adoption records. Allows the state department of human services ("department") to prescribe standards for training providers of cradle care home services.

Mandates that, as part of the review of each application for license or for renewal of a license, the department shall require a fingerprint-based criminal history records check of any adult who is 18 years of age and older who is the applicant or an owner, employee or licensee of the applicant or who resides in the licensed facility.

Mandates that an existing child care license shall not continue in effect during an appeal process if the application for renewal of the license is denied.

APPROVED by Governor May 1, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1207 Foster care - salaried foster parent pilot program. Creates a demonstration pilot program to allow for the employment of a salaried foster parent by a child placement agency. Defines a salaried foster parent as a person employed by a child placement agency for the sole purpose of providing foster care and who serves in no other capacity for the child placement agency. Allows a child placement agency participating in the demonstration pilot program to employ a salaried foster parent. Repeals the pilot program, effective July 1, 2009.

APPROVED by Governor March 31, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1255 Juveniles - permanency hearings - commitment to department of human services. Defines when a specified entity is considered to have the responsibility for placement and care of a child for purposes of compliance with the federal "Social Security Act". To comply with the federal "Social Security Act", mandates 12-month permanency hearings for juveniles placed out of the home. Creates a process allowing an administrative law judge to hold a permanency hearing. Details the specific findings to be made when a court commits an adjudicated juvenile to the state department of human services.

APPROVED by Governor April 18, 2006
EFFECTIVE April 18, 2006

H.B. 06-1266 Public assistance - overpayments - fraud - worker's compensation - no appropriation. Authorizes a county department to recover a debt for fraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, or excess public assistance paid for which the recipient was ineligible, which has been reduced to a judgment, through the garnishment of worker's compensation benefits that the person is entitled to receive.

Changes the time frames, to conform to federal law, for which a public assistance recipient, who is found to have committed an intentional program violation, is disqualified from participation in any public assistance program.

Specifies that the information contained in the state directory of new hires shall be made available to the administrators of public assistance programs for purposes of establishing or verifying eligibility or benefit amounts. Clarifies the classification of a claim against the estate of a decedent for excess public assistance paid for which the public assistance recipient was ineligible.

Contains a no appropriation clause and specifies that it is the intent of the general assembly that the recovery of public assistance through the garnishment of worker's compensation benefits not be incorporated into the Colorado benefits management system.

APPROVED by Governor May 17, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1271 Child care centers - specialized care facilities - treatment foster care - exemptions from local zoning regulations. Excludes from the definition of a "child care center" specialized group facilities that are licensed to provide care for 3 or more children but are only providing care for 3 or fewer children who are determined to have a developmental disability or are diagnosed with a serious emotional disturbance. Changes from 5 to 3 the minimum number of children for which a specialized group facility may provide care. Creates a special type of child care called "treatment foster care" as an alternative to residential treatment facilities. Exempts certain specialized group facilities from complying with local government zoning regulations.

APPROVED by Governor April 18, 2006
EFFECTIVE April 18, 2006

H.B. 06-1351 Teen pregnancy and dropout prevention program. Changes the required report date for the statewide program for teen pregnancy and dropout prevention ("program"). Extends the repeal date for the program. Requires the department of regulatory agencies to review the program prior to its repeal. Renames the program to omit the word "pilot".

APPROVED by Governor April 24, 2006
EFFECTIVE April 24, 2006

H.B. 06-1395 Residential child health care - psychiatric residential treatment facilities - rules - county contributions - appropriations. Authorizes the program for residential child health care to provide services to medicaid-eligible children residing in psychiatric residential treatment facilities. Requires the medical services board to define in rule the staff permitted to order, monitor, and assess seclusion and restraint in psychiatric residential treatment facilities, and the corresponding restrictions on the use of seclusion and restraint.

Limits the county contribution to the residential child health care program for fiscal years 2006-07 and 2007-08 to the county's actual contribution in fiscal year 2004-05. Directs the department of human services to submit a recommendation to the joint budget committee by January 15, 2008, regarding the county contributions for fiscal years commencing on and after July 1, 2008.

For fiscal years 2006-07 and 2007-08, authorizes the department of human services to seek supplemental funding related to implementation of the placement of children in residential child health care programs.

Establishes a provisional license for specified mental health professionals who are working in residential child care facilities. Authorizes medicaid reimbursement for services provided by provisional licensees only if approved by the federal government.

Adjusts the general fund appropriations for the 2006-07 fiscal year, resulting in an increase in the appropriation to the department of health care policy and financing of $5,114,391 and an increase in the appropriation to the department of human services of $5,205,775. Appropriates from the division of registrations cash fund $30,397 and 0.4 FTE to the department of regulatory agencies.

APPROVED by Governor May 26, 2006
EFFECTIVE May 26, 2006

H.B. 06-1397 Early childhood councils - applications - membership - duties - Colorado early childhood council planning team - annual conference - statewide fiscal analysis - cash fund - appropriation. Repeals the pilot program for community consolidated child care services. Incorporates the existing pilot site agencies into a new integrated statewide system of early childhood councils ("council") designated and convened by the various counties, subject to available appropriations.

Mandates an application process to receive designation as a council. Requires each council to develop a strategic plan that includes a plan for evaluating child and parent outcomes and longitudinal evaluations. Outlines the mandatory community representation on a council, as well as suggested participation. Sets forth the duties of the councils. Outlines the application process for funding.

Creates the Colorado early childhood council planning team ("planning team") to oversee the activities of, and provide operation support for, the councils. Details mandatory membership for the planning team. Sets forth the duties and functions of the planning team.

Directs the state department of human services ("state department") and the planning team to coordinate a long-term evaluation of the statewide system of councils, and sets forth what the evaluation shall include. Requires the state department and the planning team to conduct an annual conference for the councils. Requires the state department and the planning team to conduct a statewide fiscal analysis. Creates a cash fund.

For the 2006-07 fiscal year, appropriates $2,000,000 and 1.0 FTE from the general fund to the department of human services, early childhood cash fund, for the implementation of the act. From the $2,000,000 appropriation, further appropriates $67,500 to the department of education for the implementation of the act.

VETOED by Governor June 2, 2006