Tracking# 2015-00295
FA/E 7/10/15, eff. 9/1/15
(former Tracking# 2015-00365
emergency 6/5/15, eff. 6/5/15)
[I:/15051501_Submittal.doc]
(9 CCR 2503-1)
[Instructions: insert the following paragraph at the end of the Statement of Basis and Purpose section.]
Revisions to Sections 3.520.4 and 3.602.1 were final (permanent) adoption of previous emergency rules at the 7/10/2015 State Board meeting (Rule-making# 15-5-15-1), with an effective date of 9/1/2015. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Strategic Communications and Legislative Relations, State Board Administration.
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(9 CCR 2503-5)
[Instructions: replace the following section title.]
3.520.4 APPLICATION PROCESSING [Emergency eff. 6/5/15; Rev. eff. 9/1/15]
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[Instructions: replace the following.]
D.The interview shall include:
1.An explanation of the various assistance programs available and an opportunity to apply for those additional programs;
2.A brief explanation of the eligibility process and the eligibility requirements;
3.A review of the application with the client to:
a.Confirm all information on the application;
b.Answer questions not completed on the application; and,
c.Provide the client an opportunity to clarify unclear, inconsistent, inaccurate, or questionable statements.
d.For AND only, provide, explain and obtain necessary signatures on the Authorization for Reimbursement of Interim Assistance form (IM-14).
4.A request for verification of application declarations.
a.The client has the primary responsibility to provide information necessary to establish eligibility.
b.If the client is unable to do so, the county department shall assist the client to obtain verification through collateral contacts or a home visit.
c.If the client returns the verifications within thirty (30) calendar days after denial, the following processing requirements shall be implemented:
1)If the client has good cause, the denial shall be rescinded and eligibility determined, using the original application date.
2)If the client does not have good cause, the county department shall use the original application, but the date of the application shall be the date all verifications were received.
d.If the client returns the verification thirty-one (31) or more calendar days after the denial, the county department shall require the client to complete a new application.
5.Discussion of the client's rights and responsibilities, to include:
a.The county department's requirement to inform the client in writing at application and redetermination of the requirement for a client to report any changes in circumstances within thirty (30) calendar days.
b.The client's responsibility to notify the county department in writing within thirty (30) calendar days of any change in resources or income or other change in circumstances which affects eligibility or benefit amount.
c.The county department's responsibility to maintain confidentiality of records and information.
d.The client's right to non-discrimination provisions.
e.The client's right to a county conference or state-level appeal.
f.The client's right to review and copy his/her case file.
6.An explanation provided regarding the process of utilizing the Electronic Benefit Transfer (EBT) card. This explanation shall include:
a.Identification of the following establishments in which clients shall not be allowed to access cash benefits through the Electronic Benefits Transfer service from automated teller machines:
1)Licensed gaming establishments;
2)In-state simulcast facilities;
3)Tracks for racing;
4)Commercial bingo facilities;
5)Stores or establishments in which the principal business is the sale of firearms;
6)Retail establishments licensed to sell malt, vinous, or spirituous liquors;
7)Establishments licensed to sell medical marijuana or medical marijuana-infused products, or retail marijuana or retail marijuana products, effective June 30, 2015;
8)Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, effective June 30, 2015.
b.An explanation that the cash portion issued on the EBT card may be suspended with identified misuse.
E.County departments shall require no more than one interview per application.
1.The county department shall review the application for completeness for all programs requested and secure signed copies of the Authorization for Release of Information form and any other forms necessary to determine eligibility.
2.If the client wishes to apply for benefits while already receiving benefits under a different program, such as Food Assistance, the county department may use a redetermination packet if received within sixty (60) calendar days of the request; otherwise a new application will be required. A verbal request to apply for an Adult Financial program shall be documented in the statewide automated system and the date of the request will secure the application date for the client.
F.For clients who have been committed to a facility by order of the district or probate court or who have been made a ward of the court, application for an Adult Financial program shall be completed by the facility's administration or the client's guardian.
G.When the client does not keep a scheduled interview appointment and does not request an alternate time or arrangement the county department shall assume the client is withdrawing his/her request for benefits and shall deny or discontinue the case, as specified in 3.520.4, C.
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(9 CCR 2503-6)
[Instructions: replace the following section title.]
3.602.1Applications [Emergency eff. 6/5/15; Rev. eff. 9/1/15]
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[Instructions: replace the following.]
E.Receiving Applications for Colorado Works Benefits
1.When receiving applications for benefits, county workers shall:
a.Receive applications;
b.Review applications for completeness and determine eligibility for assistance;
c.Make a home visit when required by county policy to determine a county approved setting for a minor applicant; and,
d.Refer the applicant or participant to other services when appropriate.
2.The application process shall consist of all activity from the date the application is received from the applicant until a determination concerning eligibility is made. Language translation via interpreter shall be provided by the county department of residence as needed. The major steps in the application process shall include:
a.The application shall be date stamped by the county department to secure the application date for the applicant;
b.An explanation shall be provided to the applicant of the various benefit options;
c.An explanation shall be provided to the applicant of the eligibility factors;
d.An explanation shall be provided to the applicant of the applicant's responsibility to accurately and fully complete the application, provide documents to substantiate eligibility factors, and that the applicant may use friends, relatives, or other persons to assist in the completion of the application;
e.An assurance shall be provided to the applicant of the county worker's availability to assist in the completion of the application and to secure needed documentation which the applicant is unable to otherwise secure;
f.An explanation shall be provided to the applicant of the process to determine eligibility;
g.An explanation shall be provided to the applicant of the applicant's rights and responsibilities including confidentiality of records and information, the right to non-discrimination provisions, the right to a county dispute resolution process, the right to a state-level appeal, the right to apply for another category of assistance and that a determination of the applicant's eligibility for such other assistance will be made;
h.An explanation shall be provided to the applicant that the applicant may terminate the application process at any time.
i.The agency shall inform all applicants in writing at the time of application that the agency will use all Social Security Numbers (SSN) of required household members to obtain information available through state identified sources. One interface includes, but is not limited to, the Income and Eligibility Verification System (IEVS) used to obtain information of income, eligibility, and the correct amount of assistance payments. Information gathered through State identified sources may be shared with other assistance programs, other states, the Social Security Administration, the Department of Labor and Employment, and the Child Support Enforcement Program; and,
j.An explanation shall be provided to the applicant of all Colorado Works program benefits and requirements applicable to the family members in the household. The county department shall, when appropriate, provide the information verbally and in written form.
k.An explanation provided regarding the process of utilizing the Electronic Benefit Transfer (EBT) card. This explanation shall include:
1)Identification of the following establishments in which clients shall not be allowed to access cash benefits through the Electronic Benefits Transfer services from automated teller machines:
a)Licensed gaming establishments;
b)In-state simulcast facilities;
c)Tracks for racing;
d)Commercial bingo facilities;
e)Stores or establishments in which the principal business is the sale of firearms;
f)Retail establishment licensed to sell malt, vinous, or spirituous liquors;
g)Establishments licensed to sell medical marijuana or medical marijuana-infused products, or retail marijuana or retail marijuana products, effective June 30, 2015; and,
h)Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, effective June 30, 2015.
2)An explanation that the cash portion issued on the EBT card may be suspended with identified misuse.
3.An application has been made when the county department receives the signed public assistance application forms prescribed by the State Department. An application is distinguished from an inquiry. Eligibility requirements can be found at Section 3.604 Eligibility Criteria for Colorado Works Payments and Services.
4.An application must be accepted by any county department; however, it is the responsibility of the county of residence to determine eligibility. The county department that received the application incorrectly shall forward the application to the county of residence promptly.
5.An application may be submitted by the applicant or by an individual acting on the applicant’s behalf when the applicant is unable to submit an application.
6.Applications for Colorado Works shall be made by a specified caretaker with whom a dependent child(ren) is living.
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