Title of Rule:	Revisions to the Foster Care Eligibility Rules to Comply with Senate Bill 08-099, Section 8.101.2	
Rule Number:	MSB 08-06-06-A	
Division / Contact / Phone:	Client & Community Relations / Ann Clemens / (303) 866-6115	

SECRETARY OF STATE
RULES ACTION SUMMARY AND FILING INSTRUCTIONS

SUMMARY OF ACTION ON RULE(S)

1.	Department / Agency Name:	Health Care Policy and Financing / Medical Services Board	
2.	Title of Rule:	MSB 08-06-06-A, Revisions to the Foster Care Eligibility Rules to Comply with Senate Bill 08-099, Section 8.101.2	
3.	This action is an adoption of:	an amendment	
4.	Rule sections affected in this action (if existing rule, also give Code of Regulations number and page numbers affected): 	
Sections(s) 8.101.2, Colorado Department of Health Care Policy and Financing, Staff Manual Volume 8, Medical Assistance (10 CCR 2505-10).	
5.	Does this action involve any temporary or emergency rule(s)?	Yes	
If yes, state effective date:		
Is rule to be made permanent? (If yes, please attach notice of hearing).	Yes	

PUBLICATION INSTRUCTIONS*

Please replace the current text at 8.101.2  NEEDY PERSONS UNDER 21 from 8.101.2 through 8.101.2.G with the new text provided. This change is effective 7/11/2008.

Title of Rule:	Revisions to the Foster Care Eligibility Rules to Comply with Senate Bill 08-099, Section 8.101.2	
Rule Number:	MSB 08-06-06-A	
Division / Contact / Phone:	Client & Community Relations / Ann Clemens / (303) 866-6115	

STATEMENT OF BASIS AND PURPOSE

1.	Summary of the basis and purpose for the rule or rule change.  (State what the rule says or does and explain why the rule or rule change is necessary).	
This revision to the Foster Care eligibility rules expands Medicaid benefits to individuals who are under 21 and for whom the Department of Human Services was assuming full or partial financial responsibility on their eighteenth birthday.  These individuals also must have received foster care maintenance payments or subsidized adoption payments by the State of Colorado pursuant to article 7 of title 26, C.R.S. at the time of their 18th birthday or emancipation.  This revision expands the Foster Care eligibility rules to all Foster Care   This rule is in response to SB 08-099, which revised 25.5-5-201, C.R.S. (2007).  	
2.	An emergency rule-making is imperatively necessary	
	to comply with state or federal regulation and/or	
	for the preservation of public health, safety and welfare.	
Explain:	
     	
3.	Federal authority for the Rule, if any:	
42 U.S.C. Section 1396a(a)(10)(A)(ii)(XVII) and 42 U.S.C. Section 1396d(w)(1) 	
4.	State Authority for the Rule:	
25.5-1-301 through 25.5-1-303, C.R.S. (2007);
25.5-5-201(1)(l), C.R.S. (2007) 
25.5-4-104, C.R.S. (2007)	

Title of Rule:	Revisions to the Foster Care Eligibility Rules to Comply with Senate Bill 08-099, Section 8.101.2	
Rule Number:	MSB 08-06-06-A	
Division / Contact / Phone:	Client & Community Relations / Ann Clemens / (303) 866-6115	
REGULATORY ANALYSIS

1.	Describe the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule.
      Young adults between the ages of eighteen and twenty-one who were in the Foster Care system and received foster care maintenance payments or subsidized adoption payments from the State of Colorado pursuant to article 7 of title 26, C.R.S. on their eighteenth birthday will be affected because they will be eligible to continue Medicaid until their twenty-first birthday.
2.	To the extent practicable, describe the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons.
The qualitative impact will be that additional individuals will be eligible for Medicaid during an important transition period into adult life.
3.	Discuss the probable costs to the Department and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.
      The fiscal note for SB 08-099 states that the probable cost to the department for FY 2008-09 will be $1,430,244, increasing to $3,589,765 in FY 2008-09.  
4.	Compare the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.
      The Department must add the rule pursuant to SB 08-099.  Inaction would result in the Department's rules not being in full compliance with State law.
5.	Determine whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule.
      The Department has determined that there are no less costly methods or less intrusive methods available to achieve the purpose of the proposed rule.
6.	Describe any alternative methods for achieving the purpose for the proposed rule that were seriously considered by the Department and the reasons why they were rejected in favor of the proposed rule.
      There are no alternative methods for achieving the purpose of the proposed rule.  The change is required by state law. 

8.101.2  NEEDY PERSONS UNDER 21 
Medical assistance shall be provided to certain needy persons under 21 years of age, including the following:
A.  Those receiving care in an intermediate care facility eligible for Medicaid reimbursement or receiving active treatment as inpatients in a psychiatric facility eligible for Medicaid reimbursement.
B.  Those for whom the Department of Human Services is assuming full or partial financial responsibility and who are in foster care, in homes or private institutions or in subsidized adoptive homes. See Colorado Department of Human Services “Social Services Staff Manual”  Section 7 for specific eligibility requirements (12 CCR 2599). A child shall be the responsibility of the county, even if the child may be in a medical institution at that time.
C.  Those for whom the Department of Human Services is assuming full or partial financial responsibility and who are in independent living situations subsequent to being in foster care.
D.  Those for whom the Department of Human Services is assuming full or partial responsibility and who are receiving services under the state’s Alternatives to Foster Care Program and would be in foster care except for this program and whose family income is less than the AFDC needs standard for his/her family size excluding step-parent income.
E.  Those for whom the Department of Human Services is assuming full or partial responsibility and who are removed from their home either with or without (court ordered) parental consent, placed in the custody of the county and residing in a county approved foster home.
F.  Those for whom the Department of Human Services is assuming full or partial responsibility and who are receiving services under the state’s subsidized adoption program, including a clause in the subsidized adoption agreement to provide Medicaid for the child.
G.  Those for whom the Department of Human Services is assuming full or partial financial responsibility on their 18th birthday or at the time of emancipation. These individuals also must have received foster care maintenance payments or subsidized adoption payments from the State of Colorado pursuant to article 7 of title 26, C.R.S. immediately prior to the date the individual attained 18 years of age or was emancipated.  Eligibility will be extended until the individual’s 21st birthday.