Rule-making#: / 10-12-28-1
Office or Division/Program: Colorado Works Program / Rule Author: Katie Griego / Phone: 303-866-2882
E-Mail:
STATEMENT OF BASIS AND PURPOSE
Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)
Senate Bill 10-068 streamlined eligibility processes for Colorado Works applicants, recipients, and county Departments of Human/Social Services staff by matching some criteria with those of other programs such as Food Assistance, Child Welfare and Medicaid. Colorado Works Program rules must be revised to comply with legislation. The rule change will reduce redundant or unnecessary processes, and simplify complex calculations for eligibility and cash payment. Simplifying the eligibility requirements will streamline the application and ongoing eligibility determination processes for Temporary Aid for Needy Families (TANF)/Colorado Works applicants, recipients and county staff. The proposed revisions to the rules will incorporate changes made through S.B. 10-068 that will reduce workload and paperwork caused by applying three or more programs’ standards to one applicant.
The major areas of change to rules include:
● Streamlining immunization requirements;
● Updating definitions to better align with federal law and current practice;
● Implementing the change of the term “caretaker relative” to “specified caretaker” and including a definition of “guardian”;
● Aligning “asset test” policy with Medicaid and Food Assistance;
● Streamlining eligibility to allow a pregnant parent access to benefits upon verification of pregnancy.
Promulgation of these rules is necessary to meet the timeframe required by S.B. 10-068 to be effective by January 1, 2011. Additionally, the proposed rule revisions will improve clarity of language and consistency of intent throughout eligibility rules; modernize Colorado Works policies and practices, making them consistent with federal and state laws and regulations, as well as with post-welfare reform research; and streamline policies and practices wherever possible, both within Colorado Works, and across other social services programs.
Additional changes to eliminate a duplicative eligibility test by removing the 185% gross income test has been incorporated to comply with S.B. 08-177 and the request of the Office of Legislative Legal Services (OLLS).
Initial Review / 01/07/2011 / Final Adoption / 03/04/2011Proposed Effective Date / 01/07/2011 (emergency)
05/01/11 (final/permanent) / EMERGENCY Adoption / 01/07/2011
DOCUMENT 2
______
[Note: “Strikethrough” indicates deletion from existing rules, “all caps” indicates addition of new rules,
and brackets indicate changes since emergency adoption.]
STATEMENT OF BASIS AND PURPOSE (continued)
An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:
X / to comply with state/federal law and/orX / to preserve public health, safety and welfare
Explain: Promulgation of these rules is necessary to meet the timeframe required by S.B. 10-068 to be effective by January 1, 2011. Additionally, these changes must be completed in order to ensure payments to recipients of Colorado Works ongoing cash payments and other services are delivered appropriately and without interruption. Promulgation of these rules is essential to avoid Colorado Works recipients from not being able to meet their needs and to ensure the public safety, health, and welfare of Colorado Works recipients.
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2010) - State Board to promulgate rules; 26-1-109, C.R.S. (2010) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2010) - State Board to promulgate rules for public assistance and welfare activities.
Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)
Senate Bill 10-068 consists of changes to several areas of State Statute including: 26-2-707.7, C.R.S. (2010)- Information concerning immunizations of children; 26-2-703, C.R.S. (2010)- Definitions; 26-2-706, C.R.S. (2010)- Target Populations; 26-2-706.5, C.R.S. (2010)- Restrictions on the length of participation; 26-2-709, C.R.S. (2010)- Benefits/cash assistance/programs-rules.
Yes / X / NoX / Yes / No
Does the rule incorporate material by reference?
Does this rule repeat language found in statute?
If yes, please explain.
Statutory language is repeated from Section 26-2-707.7, C.R.S., on information concerning immunizations of children, which states that at the time of an application the county department shall provide the applicant with information concerning immunizations including parent education and where to access vaccines in the local community.
Statutory language is also repeated from Section 26-2-703, C.R.S., in definitions, which align “assistance” with those terms such as ongoing assistance and short term assistance as defined in 26-2-706.6, C.R.S.
Section 26-2-703, C.R.S. - definitions are revised to repeat the definition as provided in statute of a specified caretaker/caretaker relative, guardian, and dependent child. Children may receive Colorado Works benefits whether they are cared for by their parents or by another caretaker when their parents are not available in the event that the caretaker provides verification of responsibility they have of a dependent child. Senate Bill 10-068 changed the phrase “caretaker relative” to “specified caretaker” in order to allow for the rare case where the available and appropriate caretaker is not related to the child. The definition of a “dependent child” was updated to include the new definition of a specified caretaker.
STATEMENT OF BASIS AND PURPOSE (continued)
In addition, statutory language is repeated from Section 26-2-706, C.R.S., target populations: the repeated language eliminates the asset tests. This change will allow for an applicant/ participant to access benefits without verifying assets. Program income standards will remain the same. The pregnancy eligibility change will allow for an applicant/ participant to access benefits upon verification of pregnancy.
Last, statutory language is repeated from Section 26-2-709, C.R.S. - benefits/cash assistance/programs/rules, which updates the definition of “other assistance” as cash assistance in addition to Basic Cash Assistance grant based on the participant’s assessed needs.
State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which stakeholders?
AFDC Coalition; Legal Aid of Metropolitan Denver; Colorado Center on Law and Policy; Office of Self Sufficiency PAC-Subcommittee members, Colorado Works Rule Rewrite Committee; Colorado Department of Health Care Policy and Financing; and, Colorado Department of Human Services Food Assistance Division, Adult Financial Support Services, Child Support Enforcement Division, Division of Child Welfare, Division of Child Care, Low-Income Energy Assistance Program, Colorado Refugee Services Program.
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
Rule-making Form SBA-3a (08/09)
Title of Proposed Rule: / Streamlining Colorado Works Eligibility through Senate Bill 10-068Rule-making#: / 10-12-28-1
Office or Division/Program: Colorado Works Program / Rule Author: Katie Griego / Phone: 303-866-2882
REGULATORY ANALYSIS
(complete each question; answers may take more than the space provided)
1. List of groups impacted by this rule:
Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?
Colorado county departments of social/ human services and their respective contractors serving TANF families; all eligible applicants for Colorado Works/ Temporary Assistance for Needy Families (TANF) program; and all eligible recipients/ participants of Colorado Works/ TANF.
2. Describe the qualitative and quantitative impact:
How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?
All sixty-four (64) county departments of social/ human services with a Colorado Works caseload and applicants, recipients, and/or participants of Colorado Works will be impacted. These changes will result in significant workload efficiencies for county staff at the time of application and throughout the life of a case. The time saved is estimated to be as much as seven to ten (7-10) minutes per client interaction. The elimination of the asset limits and the verification of immunizations will reduce administrative workload and error rates, and increase time available to focus on helping people find and maintain employment.
The caseload for Colorado Works (through June 2010) is 14,101 monthly total statewide. The increase in caseload anticipated from the pregnancy overall increase in eligibility provision of S.B. 10 -068 is twenty (20) cases per month statewide. The increase anticipated from the asset test elimination provision of S.B. 10-068 is forty-four (44) cases annually statewide.
3. Fiscal Impact:
For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.
State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)
S.B. 10-068 provisions make a number of changes to definitions and other provisions related to the Colorado Works Program that require modifications to the Colorado Benefits Management System (CBMS). The bill provided an appropriation of $966,000 federal TANF block grant funds to implement these changes for fiscal year 2010-2011. There is no General Fund impact.
County Fiscal Impact
The total annual cost of anticipated caseload increases due to the pregnancy eligibility change and the asset test elimination is estimated to be less than $200,000 per year, less than a fifth of one percent (approximately 0.13%) of the total county block grant. This cost is a statewide total that would be distributed among counties depending upon their caseloads.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule: / Streamlining Colorado Works Eligibility through Senate Bill 10-068Rule-making#: / 10-12-28-1
Office or Division/Program: Colorado Works Program / Rule Author: Katie Griego / Phone: 303-866-2882
REGULATORY ANALYSIS (continued)
Federal Fiscal Impact
None
Other Fiscal Impact (such as providers, local governments, etc.)
None
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?
Several Colorado Works Fact Finding Forums were held to identify complex processes for county workers. In addition, research of other state programs took place in an effort to implement the best policy for the Colorado Works Program. Virginia was one of the states contacted to evaluate changes being proposed. They estimated that the elimination of the asset tests and simplified processing of eligibility in 2003 had a savings of $323,050 while increasing eligible families by only 40 statewide, a cost effectiveness ratio of over 2.5 to 1. Similar results are expected in Colorado.
5. Alternatives to this Rule-making:
Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.
The rules are necessary and must be implemented to streamline processes for county workers and for those accessing benefits through Colorado Works. In addition, rules must be updated to align with other programs and provisions made in S.B. 10- 068.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule: / Streamlining Colorado Works Eligibility through Senate Bill 10-068Rule-making#: / 10-12-28-1
Office or Division/Program: Colorado Works Program / Rule Author: Katie Griego / Phone: 303-866-2882
OVERVIEW OF PROPOSED RULE
Compare and/or contrast the content of the current regulation and the proposed change.
Section Numbers / Current Regulation / Proposed Change /Stakeholder Comment
3.110.61 and 3.110.71 / Reinstatement and reopening in lieu of submitting an application. / Revised to eliminate resources as an eligibility requirement for the Colorado Works Program only. / __ / Yes / X / No3.120.24, E / In addition to items verified through IEVS, certain eligibility criteria can be verified through the use of a collateral contact such as children who reside with a caretaker relative. / Revised existing language of caretaker relative, to specified caretaker. / __ / Yes / X / No
3.140.16 / Determination of eligibility for financial assistance. / Revised to eliminate resources as an eligibility requirement for the Colorado Works Program only. / __ / Yes / X / No
3.200.12 and 3.200.13 / Consideration and definition of countable income and resources. / Revised to eliminate resources as an eligibility requirement for the Colorado Works Program only. / __ / Yes / X / No
3.210.4 (and therefore applicable to its subsections) / Transfer or resources with out fair consideration. / Revised to eliminate resources as an eligibility requirement for the Colorado Works Program only. / __ / Yes / X / No
3.500.51 / Disqualification for an Intentional Program Violation (IPV). / Revised existing language of caretaker relative to specified caretaker and revised circumstances of an IPV. / __ / Yes / X / No
3.500.53 / Income and resources of a disqualified individual will be considered available to the assistance unit. / Revised to eliminate resources as an eligibility requirement for the Colorado Works Program only. / __ / Yes / X / No
3.500.61 / Notification of a hearing decision if the local level hearing officer or ALJ finds that an individual has committed an IPV. / Revised existing language to include specified caretaker. / __ / Yes / X / No
3.600.12 / Participation criteria for the Colorado Works Program. / Revised to eliminate resources as an eligibility requirement for the Colorado Works Program only. Revised existing language to allow for eligibility with verification of pregnancy. / __ / Yes / X / No
3.600.14 / Individuals ineligible for the Colorado Works Program. / Revised existing language from caretaker relative to include specified caretakers. / __ / Yes / X / No
3.601.1 / Family preservation eligibility. / Revised to eliminate resources as an eligibility requirement. / __ / Yes / X / No
3.603.1, 3.603.3, and 3.603.4 / Caretaker relatives shall make applications for assistance and participation through Colorado Works. / Revised existing language of caretaker relative, to specified caretaker. / __ / Yes / X / No
3.603.5 / Persons required to be in the same assistance unit (parents, siblings, and half siblings of the dependent child). In addition to consideration of the needs of the child(ren) and parents who must be included in the assistance unit, the needs of the caretaker relative. There should only be one specified caretaker relative per assistance unit unless the child(ren) is living with both parents. / Revised existing language from caretaker relative to specified caretaker and clarified role of parent in the assistance unit; opportunity for a specified caretaker or legal guardian to be a part of the assistance unit. / __ / Yes / X / No