COLORADO DEPARTMENT OF HEALTH CARE POLICY & FINANCING			
		               
                                               1570  Grant Street, Denver, CO 80203-1818  (303) 866-2993  (303) 866-4411 Fax  (303) 866-3883 TTY
	
               Bill Ritter, Jr., Governor   Joan Henneberry, Executive Director 

March 16, 2007

The Honorable Mike Coffman
Secretary of State
1560 Broadway, 2nd Floor 
Denver, Colorado 80203 

Dear Mr. Coffman:

Attached is the Notice of Proposed Rules concerning rules to be considered for final adoption at the May 2007 meeting of the Medical Services Board of the Department of Health Care Policy and Financing.  The meeting will be held on Friday, May 11, 2007, beginning at 9:00 A.M., at the Capitol Center, 225 East 16th Avenue, First Floor Conference Room, Denver, CO 80203. 

This notice is submitted to you for transmission to the publisher, pursuant to § 24-4-103(3)(a) and (11)(a), C.R.S.

Sincerely, 

Judi Carey, Coordinator
Medical Services Board

attachments

NOTICE OF PROPOSED RULES

The Medical Services Board of the Colorado Department of Health Care Policy and Financing will hold a public meeting on Friday, May 11, 2007, beginning at 9:00 a.m., at the Capitol Center, 225 East 16th Avenue, 1st Floor Conference Room, Denver, Colorado 80203.  Reasonable accommodations will be provided upon request prior to the meeting, by contacting the Medical Services Board Coordinator at 303-866-4416.  

A copy of the full text of these proposed rule changes are available for review from the Medical Services Board Office, 1570 Grant Street, Denver, Colorado 80203, tel. (303) 866-4416, fax (303) 866-4411.  Written comments may be submitted to the Medical Services Board Office. Additionally, the full text of all proposed changes will be available on the internet at http://www.chcpf.state.co.us/msb/agenda approximately one week before the meeting.

1.	MSB 07-01-04-A	Revisions to Medicaid Citizenship and Identity Rules to Comply with the Tax Relief and Health Care Act of 2006. This rule amends the existing rules governing the citizenship and identity documentation requirements for the Medicaid program to comply with the Tax Relief and Health Care Act of 2006 (Public Law 109-432, enacted December 20, 2006). The proposed rule adds Title IV-B and IV-E foster care children and Social Security Disability Insurance (SSDI) recipients to the list of groups exempt from the documentation requirements. The authority for this rule is contained in 25.5-1-301 through 25.5-1-303 and 25.5-4-104(1), C.R.S. (2006). 

2.	MSB 07-01-04-B	Part D Low-Income Subsidy Resource Limits, Section 8.1000.4.B.  This rule revision increases the resource limitations for Medicare Part D low-income subsidy eligibility in compliance with the regulations implementing the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. The authority for this rule is contained in Sections 25.5-1-301 through 25.5-1-303, 25.5-4-106(3), and 25.5-5-503(1), C.R.S. (2006). 

3.	MSB 07-02-15-A	Recipient Appeals Section 8.057.  The Department’s regulations, 10 C.C.R. 2505-10, Sections 8.057.9.D et seq. and 8.057.10.B.1, which specifically allow the submission of a copy of a hearing tape in lieu of a written transcript, are not in compliance with the Administrative Procedures Act at § 24-4-105(15)(a), C.R.S.  The language allowing copies of hearing tapes is being deleted to comply with the Administrative Procedures Act.  The addition of the word “written” is necessary to clarify the definition of transcript as determined by the Court of Appeals, Case No. 05CA0487. The authority for this rule is contained in 25.5-1-301 through 25.5-1-303, C.R.S. (2006). 

4.	MSB 07-03-05-A	Rule #MSB 07-03-05-A establishes a methodology for distributing payments from the Colorado Health Care Services Fund to qualified providers who participate in the Colorado Indigent Care Program and offer primary care services to low-income individuals in a primary care clinic or community health clinic.  The Colorado Health Care Services Fund and the related payments were established through SB 06-044.  The authority for this rule is contained in Sections 25.5-1-301 through 25.5-1-303, C.R.S. (2006).