| Notice Filed with SOS |
06/29/2016 |
| Rule |
ProposedRuleAttach2016-00318.pdf |
| Statutory Authority |
26-1-107, C.R.S. (2015); 26-1-109, C.R.S. (2015); 26-1-111, C.R.S. (2015); 26-2-122.5, C.R.S. (2015); 26-2-104(2) (a), (b), C.R.S. (2015); 40-8-5-101, C.R.S. (2015); 40-8-7-101, C.R.S. (2015), et seq; 40-8.7-109; C.R.S. (2015); 40.89.7-112(1) (2015) – |
| Description of Subjects/Issues |
"The Low Income Energy Assistance Program (LEAP) is reviewed annually for updates that may be needed for the next benefit season, beginning November 1st. New rule changes proposed are:
• Revising language to require counties to determine eligibility in 30 calendar days from receipt of application for regular cases to align with the C-Stat goal.
• Revising a rule that requires counties to pend emergency cases within 2 calendar days from receipt of the application and ten calendar days for regular cases.
• Adding a rule to identify the penalties associated with misuse of the EBT card at an identified prohibited location to implement H.B. 15-255.
• Adding in-kind income to the earned income rule. This provision was inadvertently left out when Section 3.200 was transferred to LEAP rules for the 2014-2015 program year.
• Adding income exclusion for one time supplemental payments to align with other programs.
• Adding a code to deny a case when an applicant has been convicted of fraud.
• Updating the income requirements based on the federal poverty level guidelines and the flat rates used for benefit calculations.
• Revise and clarify language to assure consistency based on the review and recommendations from LEAP county stakeholders.
These rule changes align case processing timelines with C-Stat goals and provide streamlined and consistent processes to provide the framework for counties to better serve clients." |
| Purpose/Objective of Rule |
The Low Income Energy Assistance Program (LEAP) is reviewed annually for updates that may be needed for the next benefit season, beginning November 1st. New rule changes proposed are:
• Revising language to require counties to determine eligibility in 30 calendar days from receipt of application for regular cases to align with the C-Stat goal.
• Revising a rule that requires counties to pend emergency cases within 2 calendar days from receipt of the application and ten calendar days for regular cases.
• Adding a rule to identify the penalties associated with misuse of the EBT card at an identified prohibited location to implement H.B. 15-255.
• Adding in-kind income to the earned income rule. This provision was inadvertently left out when Section 3.200 was transferred to LEAP rules for the 2014-2015 program year.
• Adding income exclusion for one time supplemental payments to align with other programs.
• Adding a code to deny a case when an applicant has been convicted of fraud.
• Updating the income requirements based on the federal poverty level guidelines and the flat rates used for benefit calculations.
• Revise and clarify language to assure consistency based on the review and recommendations from LEAP county stakeholders.
These rule changes align case processing timelines with C-Stat goals and provide streamlined and consistent processes to provide the framework for counties to better serve clients. |
| Basis And Purpose |
BasisAndPurposeAttachment2016-00318.doc
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2016-00318.doc
|
| Comments |
16-5-11-2 |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
No
|
| Hearing Date |
08/05/2016 |
| Hearing Time |
10:00 AM |
| Hearing Location |
1575 Sherman Street, Denver, CO 80203 |
| Contact Name |
Aggie Berens |
| Contact Title |
Rule Author |
| Contact Telephone |
303-861-0337 |
| Contact email |
aggie.berens@state.co.us |