| Notice Filed with SOS |
05/25/2016 |
| Rule |
ProposedRuleAttach2016-00251.doc |
| Additional Information |
AddInfoAttach2016-00251.doc |
| Statutory Authority |
26-1-107, C.R.S. (2016); 26-1-109, C.R.S. (2016); 26-1-111, C.R.S. (2016).
26-2-111, C.R.S. (2016); 20 CFR 416 |
| Description of Subjects/Issues |
Colorado has a Maintenance of Effort (MOE) agreement with the Social Security Administration (SSA). This agreement requires compliance with the Social Security pass-along per 20 CFR 416.2099, which sets a minimum expenditure level on Supplemental Security Income (SSI) recipients as a condition of receiving Colorado’s full amount of Federal Financial Participation for Medicaid. The penalty for non-compliance is equal to at least $325 million quarterly and could be as high as at least $1.3 billion annually.
Colorado’s MOE claimed include benefits paid directly to SSI recipients in Adult Financial Programs. In order to meet the requirement in 2016 and going forward, the program is proposing an increase to the monthly benefits amounts paid to Home Care Allowance (HCA) and Home Care Allowance – Special Populations (SP-HCA) program recipients.
Additionally, the PNA base amount should be adjusted as described at CRS 25.5-6-202(9)(b)(I). While these statutes are specific to Medicaid, there are Adult Financial recipients whose income is solely or in combination with Supplemental Security Income (SSI) below the Health Care Policy and Financing PNA amount. The additional per diem rate increase for 2016 is three percent (3%). |
| Purpose/Objective of Rule |
"Colorado has a Maintenance of Effort (MOE) agreement with the Social Security Administration (SSA). This agreement requires compliance with the Social Security pass-along per 20 CFR 416.2099, which sets a minimum expenditure level on Supplemental Security Income (SSI) recipients as a condition of receiving Colorado’s full amount of Federal Financial Participation for Medicaid. The penalty for non-compliance is equal to at least $325 million quarterly and could be as high as at least $1.3 billion annually.
Colorado’s MOE claimed include benefits paid directly to SSI recipients in Adult Financial Programs. In order to meet the requirement in 2016 and going forward, the program is proposing an increase to the monthly benefits amounts paid to Home Care Allowance (HCA) and Home Care Allowance – Special Populations (SP-HCA) program recipients.
Additionally, the PNA base amount should be adjusted as described at CRS 25.5-6-202(9)(b)(I). While these statutes are specific to Medicaid, there are Adult Financial recipients whose income is solely or in combination with Supplemental Security Income (SSI) below the Health Care Policy and Financing PNA amount. The additional per diem rate increase for 2016 is three percent (3%)." |
| Basis And Purpose |
BasisAndPurposeAttachment2016-00251.pdf
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2016-00251.pdf
|
| Comments |
16-4-25-1 |
| 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 |
Danielle Dunaway |
| Contact Title |
Rule Author |
| Contact Telephone |
303-866-2788 |
| Contact email |
danielle.dunaway@state.co.us |