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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  2016-00251


CCR details

Tracking Number 2016-00251
Type of Filing Permanent Rule
Department 500,1008,2500 Department of Human Services
Agency 2503 Income Maintenance (Volume 3)
CCR Number 9 CCR 2503-5
CCR Title ADULT FINANCIAL PROGRAMS

Proposed rule

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

Adopted rule

Adopted Rules AdoptedRules12016-00251.doc
Redline Redline2016-00251.doc
Adopted Date 08/05/2016
AGO requested date 08/24/2016
Attorney General Opinion 08/24/2016
Colorado Register publication date 09/10/2016
Effective Date 10/01/2016
Inserted into CCR 09/27/2016