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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2016-00249


CCR details

Tracking Number 2016-00249
Type of Filing Permanent Rule
Department 500,1008,2500 Department of Human Services
Agency 2506 Food Assistance Program (Volume 4B)
CCR Number 10 CCR 2506-1
CCR Title RULE MANUAL VOLUME 4B, FOOD ASSISTANCE

Proposed rule

Notice Filed with SOS 05/25/2016
Rule ProposedRuleAttach2016-00249.doc
Additional Information AddInfoAttach2016-00249.doc
Statutory Authority 26-1-107, C.R.S. (2015); 26-1-109, C.R.S. (2015); 26-1-111, C.R.S. (2015) 26-2-301, C.R.S. (2014) 7 U.S.C. 2011-2036.
Description of Subjects/Issues The purpose of the proposed rule change is to implement a standard medical expense deduction (SMED) when determining Food Assistance eligibility and benefit amount for those households who are eligible to have medical expenses as a deduction. Individuals who are elderly and/or have a disability are eligible to receive a deduction for total medical expenses in excess of thirty-five dollars ($35) (10 CCR 2506-1, 4.407.6). Implementing a SMED is an option that the State of Colorado has decided to participate in accordance with Section 17(b)(1)(A) of the Food and Nutrition Act of 2008. Implementing a standard medical expense deduction (SMED) will benefit households that contain an individual who is elderly and/or disabled and will result in more effective program administration. Section 4.407.6 of the regulations will be revised to implement a standard medical expense deduction in the amount one hundred sixty five dollars ($165). Colorado has submitted its request to the United States Department of Agriculture, Food and Nutrition Service (USDA, FNS) for approval to implement. In determining the amount of the deduction, and as part of the approval process with FNS, Colorado assessed data for those households that receive a medical deduction. Approximately eighty percent (80%) of those household who currently receive a medical deduction have a monthly deduction at or below the proposed standard of $165.
Purpose/Objective of Rule "The purpose of the proposed rule change is to implement a standard medical expense deduction (SMED) when determining Food Assistance eligibility and benefit amount for those households who are eligible to have medical expenses as a deduction. Individuals who are elderly and/or have a disability are eligible to receive a deduction for total medical expenses in excess of thirty-five dollars ($35) (10 CCR 2506-1, 4.407.6). Implementing a SMED is an option that the State of Colorado has decided to participate in accordance with Section 17(b)(1)(A) of the Food and Nutrition Act of 2008. Implementing a standard medical expense deduction (SMED) will benefit households that contain an individual who is elderly and/or disabled and will result in more effective program administration. Section 4.407.6 of the regulations will be revised to implement a standard medical expense deduction in the amount one hundred sixty five dollars ($165). Colorado has submitted its request to the United States Department of Agriculture, Food and Nutrition Service (USDA, FNS) for approval to implement. In determining the amount of the deduction, and as part of the approval process with FNS, Colorado assessed data for those households that receive a medical deduction. Approximately eighty percent (80%) of those household who currently receive a medical deduction have a monthly deduction at or below the proposed standard of $165."
Basis And Purpose BasisAndPurposeAttachment2016-00249.doc
Regulatory analysis RegulatoryAnalysisAttachment2016-00249.doc
Comments 16-2-9-2
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 07/08/2016
Hearing Time 10:00 AM
Hearing Location 1575 Sherman Street, Denver, CO 80203
Contact Name Amanda Dyer
Contact Title Rule Author
Contact Telephone 303-866-2538
Contact email amanda.dyer@state.co.us

Adopted rule

Adopted Rules AdoptedRules02016-00249.doc
Redline Redline2016-00249.doc
Adopted Date 08/05/2016
AGO requested date 08/09/2016
Attorney General Opinion 08/24/2016
Colorado Register publication date 09/10/2016
Effective Date 10/01/2016
Inserted into CCR 09/27/2016