Tracking #2007-0xxxx
Emergency 12/7/07, eff. 12/7/07
(formerly E-11/2/07 #2007-01265)
and Final #2007-01177

I:/07081702.rtf
[I:/07081702.doc]

(12 CCR 2509-1)

[Instructions: insert both paragraphs before line 1035602.]
Revisions of Sections 7.402.1-7.402.2, 7.500.2, 7.500.351, 7.710.52, and 7.710.56 were adopted as emergency and final rules at the 12/7/2007 State Board meeting, with an effective date of 12/7/2007 (Rule-making#'s 07-8-17-2 and 07-8-20-1). 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 Performance Improvement, Boards and Commissions Division, State Board Administration.
Revision of Sections 7.405.1, 7.406.1, and 7.417, and addition of Section 7.423 were re-adopted (from the November 2nd regular rule-making session) as emergency rules at the 12/7/2007 State Board meeting, with an effective date of 1/1/2008 (Rule-making#'s 07-8-13-1 and 07-8-17-1). 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 Performance Improvement, Boards and Commissions Division, State Board Administration

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(12 CCR 2509-5)

[Instructions: replace lines 1306156 through 1036171.]
7.402.1  Provision of Services [Rev. eff. 12/7/07]
Subject to certain income and resource limitations, medical assistance through the Colorado Medicaid program must be provided to certain children receiving child welfare services as follows:
A.  Children for whom the county department is assuming full or partial financial responsibility.
1.  Children in foster care, including those who are in independent living situations subsequent to being in foster care;
2.  Youth committed to the Department of Human Services, Division of Youth Corrections, who are placed in a non-secure community based residential facility or in independent living situations;
3.  Children who have a current, signed subsidized adoption agreement;
4.  Children receiving Core services who otherwise would be in foster care;
5.  Children in subsidized adoption, including adoption placements out of state, who are IV-E eligible or where the state option is in effect until the receiving state can provide Medicaid;
6.  Children from Colorado placed in an out of state out-of-home placement by a Colorado county. IV-E eligible children receive Colorado Medicaid until the receiving state can provide Medicaid;
7.  Children eligible for Supplemental Security Income, even if they are not receiving cash benefits, who are placed in an out of state foster care setting until the receiving state can provide Medicaid.
B.  Certain children from other states who are placed in Colorado by that state.
1.  Children in subsidized adoption placed in Colorado by another state;
2.  Children placed in an out-of-home placement in Colorado by another state;
3.  Children who are eligible for Supplemental Security Income placed in an out-of-home placement in Colorado by another state.
C.  Children who are receiving child welfare services, living in their own home or the home of a designated relative, and the county department is not assuming full or partial financial responsibility for their care, may be eligible for coverage under other Colorado Medicaid programs for families and children. 
D.  Former foster or adoption youth who were receiving Title IV-E Medicaid the day before emancipation at age eighteen or older and are under age twenty-one. 
7.402.2  County Department Responsibility [Rev. eff. 12/7/07]
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[Instructions: insert after line 1036184.]
L.  Determine Medicaid eligibility for foster and adoption youth receiving Title IV-E Medicaid the day before emancipation at age eighteen (18) or older and are under the age of twenty-one (21). Enter the determination into the state automated system within ninety (90) days of the determination.